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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

South Dakota

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 414 instruments cited; 401 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=SD&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1

1. About this report

Prepared by The COVID Project, Sept. 30, 2026. Selection: State South Dakota and no metropolitan area (elsewhere in the State). Quarters: second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020), third quarter of 2020 (July 1, 2020 to Sept. 30, 2020), fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020), first quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021), second quarter of 2021 (Apr. 1, 2021 to June 30, 2021) and third quarter of 2021 (July 1, 2021 to Sept. 30, 2021). Options: the federal layer, agencies and boards, standing duties, group meetings and trade shows and the Service's fourteen sentences answered.

This report is a record of the governmental orders and related instruments that The COVID Project has retrieved, verified and indexed for the State, metropolitan area, industry and calendar quarters selected. Each instrument appears with its issuer, its number and title, its dates, the quarters in which it was in force, the functions of a business it reached, its operative words, its enforcement provision, a citation and an exhibit identifier. Every exhibit identifier resolves to the instrument's record at covidproject.com/library, and to the exhibit file, where held, at covidproject.com/exhibit.

The report is assembled from public governmental instruments, published organizer notices, published legal authorities and public court filings, and it reports what those documents say and when they were in force. It lists the instruments The COVID Project has verified and no others, so every count in it is a floor. It is not a filing, and it does not determine any person's eligibility for the Employee Retention Credit.

The report reproduces at covidproject.com/report?state=SD&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)

South Dakota, first day (Apr. 1, 2020): Apr. 1, 2020: EO 2020-04 State of Emergency (SD-001); EO 2020-08 directives to businesses, employers, health care and local governments (SD-005); State employees remote and out-of-state travel prohibited (SD-006); judicial emergency, 180-day rule suspended, circuit continuances and courthouse access limits (SD-045, SD-046, SD-047, SD-056, SD-057, SD-059, SD-060); Sioux Falls Ord. 28-20 ten-patron rule and venue closures (SD-039, SD-040); Rapid City Ord. 6412 closures (SD-063); Brookings Ord. 20-005 closures (SD-068); Minnehaha County ten-patron resolution (SD-037); CRST checkpoints (SD-044); HB 1295, HB 1296, SB 188-190 (SD-032 to SD-036).

South Dakota, last day (June 30, 2020): June 30, 2020: emergency continued by EO 2020-26 (SD-023); Back to Normal Plan mandatory (SD-017); telehealth, licensure and meeting suspensions (SD-004, SD-011, SD-013, SD-021, SD-022); motor-vehicle suspensions (SD-018, SD-024); judicial emergency; 2nd Circuit CIV 20-4 masks and access limits (SD-048); Brookings Ord. 20-007 ten-customer-or-half-capacity and staff masks (SD-070); Rapid City regulations extended to end of July (SD-067); CRST mandatory stay-at-home EO 02.5-2020-CR (SD-044).

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)

South Dakota, first day (July 1, 2020): July 1, 2020: as at June 30; EO 2020-30 re-declaration on July 7 (SD-025).

South Dakota, last day (Sept. 30, 2020): Sept. 30, 2020: EO 2020-30 emergency to Dec. 30 (SD-025); Back to Normal Plan (SD-017); judicial emergency; 6th Circuit face coverings (SD-055); Brookings Ord. 20-010 as extended by 20-017 and Ord. 20-019 face coverings with Res. 20-076 (SD-072 to SD-074); driver-license extensions (SD-025).

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)

South Dakota, first day (Oct. 1, 2020): Oct. 1, 2020: as at Sept. 30; 4th Circuit face coverings from Oct. 8 (SD-051).

South Dakota, last day (Dec. 31, 2020): Dec. 31, 2020: EO 2020-34 emergency to June 30, 2021 (SD-027); EO 2020-33 remote meetings (SD-026); 2nd Circuit masks and half occupancy (SD-049); 1st Circuit face coverings (SD-058); 7th Circuit jury moratorium to Feb. 28, 2021 (SD-054); 4th Circuit moratorium to Dec. 31 (SD-050); Sioux Falls Ord. 114-20 face coverings (SD-061, SD-062); Brookings Ord. 20-029 (SD-077); Rapid City City-facility mask rule (SD-067).

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)

South Dakota, first day (Jan. 1, 2021): Jan. 1, 2021: as at Dec. 31, 2020.

South Dakota, last day (Mar. 31, 2021): Mar. 31, 2021: EO 2020-34 (SD-027); EO 2021-04 (SD-029); judicial emergency; 2nd Circuit masks (SD-049); Sioux Falls Res. 31-21 recommendations (SD-041); Brookings Ord. 21-013 staff masks and event masks (SD-079).

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)

South Dakota, first day (Apr. 1, 2021): Apr. 1, 2021: as at Mar. 31; 2nd Circuit CIV 21-4 from Apr. 6 (SD-084); Brookings Ord. 21-013 (SD-079).

South Dakota, last day (June 30, 2021): June 30, 2021: EO 2020-34 expires this day (SD-027); EO 2021-08 (SD-030); judicial emergency (SD-045, SD-046); 2nd Circuit CIV 21-4 (SD-084); 4th Circuit Civ. 21-1 (SD-086); 5th Circuit Thirteenth Amended (SD-089); 6th Circuit amended order (SD-085); Brookings recommendations repealed May 31 (SD-081).

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)

South Dakota, first day (July 1, 2021): July 1, 2021: judicial emergency and 180-day suspension (SD-045, SD-046); 2nd Circuit CIV 21-4 to July 6 then the July 1, 2021 safety order (SD-084, SD-088); 4th, 5th and 6th Circuit orders (SD-085, SD-086, SD-089); EO 2021-08 (SD-030); federal layer; No gubernatorial COVID-19 directive; HB 1295, SB 188 and SB 190 repealed this day.

South Dakota, last day (Sept. 30, 2021): Sept. 30, 2021: judicial emergency; UJS index of Sept. 8, 2021 listing the circuit orders as currently approved (SD-083); 2nd Circuit July 1 and July 27, 2021 orders (SD-088, SD-087); 4th, 5th, 6th Circuit orders (SD-085, SD-086, SD-089); EO 2021-08 (SD-030); Brookings Res. 21-072 recommendations from Aug. 24 (SD-082).

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
State of South Dakota48303831311385
Standing duties45464944494465
All layers272239247250245224480

3. The statute and the test

An employer is an eligible employer for a calendar quarter under the governmental-orders test if

the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID-19)

CARES Act § 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 348; I.R.C. § 3134(c)(2)(A)(ii)(I), 135 Stat. 4, 177

Congress enacted those words four times and never changed them. The Coronavirus Aid, Relief, and Economic Security Act of March 27, 2020 enacted the Suspension Clause at section 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 347-48, for wages paid after March 12, 2020 and before January 1, 2021 (§ 2301(m), 134 Stat. 351) (Ex. LAW-001). The Taxpayer Certainty and Disaster Tax Relief Act of 2020, Pub. L. 116-260, div. EE, §§ 206-207, 134 Stat. 1182, 3059-65 (Dec. 27, 2020), extended the credit to wages paid before July 1, 2021 and raised its rate to 70 percent; neither section touched the clause (Ex. LAW-002).

The American Rescue Plan Act of 2021, Pub. L. 117-2, § 9651, 135 Stat. 4, 176 (Mar. 11, 2021), added section 3134 to the Internal Revenue Code, whose heading repeats the CARES Act title and whose Suspension Clause reappears word for word at 135 Stat. 177, for wages paid after June 30, 2021 (§ 3134(n), 135 Stat. 182) (Ex. LAW-003). The Infrastructure Investment and Jobs Act, Pub. L. 117-58, § 80604, 135 Stat. 429, 1341 (Nov. 15, 2021), ended the credit for calendar quarters beginning after September 30, 2021, and left the third quarter of 2021 in place (Ex. LAW-004).

The clause has seven elements, taken in the statute's order: orders; from an appropriate governmental authority; limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes); due to COVID-19; the operation of the trade or business fully or partially suspended; during the calendar quarter; and due to those orders. The words "essential," "comparable operations," "telework," "customers," "voluntary," "more than nominal," "10 percent," "directed at," "jurisdiction over the employer," "proximate," "independent" and "sufficient" appear in none of the four enactments. The credit runs by calendar quarter; the six quarters the clause governs are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021.

The partial-suspension test and how this report applies it

In this report the Internal Revenue Service is the "Service," the Government as a litigant is the "United States," Notice 2021-20, 2021-11 I.R.B. 922, is the "Notice," and the statutory text above is the "Suspension Clause." Tri-State is Tri-State Memorial Hospital v. United States, No. 2:25-cv-0181-TOR, ECF No. 38 (E.D. Wash. May 28, 2026), the one federal decision construing the clause's words. Doc. 44 is the United States' opposition and cross-motion for summary judgment in Stenson Tamaddon, LLC v. IRS, No. 2:24-cv-01123-SPL (D. Ariz. Jan. 6, 2025), ECF No. 44; Doc. 49 is the summary-judgment order in that case of June 20, 2025; and the Br. for Appellees is the United States' brief in the appeal, No. 25-4217 (9th Cir. Jan. 30, 2026).

The statute controls, and the Notice does not. The United States has told two federal courts so: the Notice "is merely guidance" and "lacks the force of law" (Doc. 44 at 19); "the United States is not arguing that the IRS interpretation has the force of law or is entitled to deference" (Doc. 44 at 31 & n.8); "[w]hether Notice 2021-20 exists or not, the statute will control whether a refund is warranted" (Doc. 44 at 24). The court held that "the Notice carries no force of law and is entitled to no deference" (Doc. 49 at 27) and that the ten percent figure "is not an exclusionary cut-off point, but rather a safe harbor" (Doc. 49 at 26). In the Ninth Circuit the United States called the Notice "nonbinding guidance," its ten percent provision "a quintessential safe harbor," and wrote that "[t]here is no question of deference here" (Br. for Appellees at 26, 37-38, 58).

"Fully or partially suspended" means what the words say. On definitions both parties agreed, Tri-State held: "a 'partial suspension' is a temporary delay, interruption, or termination of a portion an employer's business. The language is plain" (Tri-State at 8-9). The court refused to read "more than nominal" as "significant": "the plain language and ordinary meaning of partial and nominal do not suggest either of those interpretations" (Tri-State at 10-11). The Notice's ten percent rules are "only administrative guidance"; "the IRS Notice provides a method for the test to be met not as a requirement to meet the test" (Tri-State at 15-16). "Due to" means "because of," which "[b]oth Plaintiff and Defendant agree" (Tri-State at 17), and "the Court recognizes that 'due to' requires 'but-for' causation" (Tri-State at 19). The argument that the virus rather than the order caused the changes fails: "[s]ick patients and employees alone did not require additional protocols" (Tri-State at 20-21).

This report applies the test in five steps, with the instruments the Library holds for your selection and no others. Step one, the order: the issuer, the instrument by number and title, its dates and its exhibit; the Service's own Q&A-10 treats "orders, proclamations, or decrees" as orders "without regard to the level of enforcement" (Notice 2021-20, Q&A-10, at 927-28). Step two, the function it reached: the part of the business the order governed, whether the customer-facing floor, the back of house, the office, the workforce, the supply chain or the customer base. Step three, the change it compelled: the operative words, quoted from the instrument, and the sanction behind them. Step four, the quarter: the days on which the instrument was in force, tested against its dates. Step five, the statute's answer: a function is a portion of the operation; a compelled change is a delay, interruption or termination of that portion; but for the order no law required it; and on the definitions the United States agreed to, the operation was partially suspended during the quarter due to the order.

The statute does not ask whether the business was "essential" or stayed open: the Notice's own Q&A-17, Example 4, calls an open hospital under an elective-procedure order partially suspended (Q&A-17, at 930). It does not ask whether the business could telework: Q&A-15 finds a partial suspension wherever a workplace closure "causes the employer to suspend business operations for certain purposes, but not others" (Q&A-15, at 929). It does not ask whose customers were under orders: "a business may be suspended 'due to' a government order addressing a third party" (Br. for Appellees at 41). It does not ask whether a compelled measure was "voluntary": Q&A-14 reaches only a suspension "not due to a governmental order" (Q&A-14, at 929). And it does not ask for a percentage: "The 10 percent is not determinative ... Properly understood, it isn't an eligibility requirement" (Doc. 44 at 14). The Service's letters ask each of those questions. The statute asks one, and this report answers it, instrument by instrument.

How this report was assembled

The report is drawn from The COVID Project's Orders Library, which indexes the governmental orders that limited commerce, travel and group meetings in the United States from March 2020 through September 30, 2021. The Library is organized in layers, and the report walks them in order for your selection: the federal layer (proclamations, executive orders, agency orders and rules, and the federal courts' general orders); your State, from its first declaration to the instrument that ended its general restrictions; your metropolitan area's health officers, mayors and courts; the sector regulators of your industry (licensing boards, health departments, alcohol and gaming regulators, labor agencies and federal program rules); the clusters of authorities that are easy to overlook (ports, aviation, courts, motor-vehicle offices, tribal and territorial governments); the standing duties of your State and of the United States (communicable-disease, workplace-safety and liability-shield statutes); and the organizers' notices of the trade shows, conventions, seasons and tournaments your industry lost.

Every record carries one of two grades, and the report shows only these two. Primary source read means the compiler read the issuing authority's own text: the order as published, the register page, the codified rule, the court's docket entry. Confirmed from a secondary source means the instrument's existence, number, date and substance were established from an identifiable secondary source and the primary text was not read. Records graded unverified or not retrieved never appear. Every exhibit was retrieved from the issuing authority's site or from the Internet Archive's capture of it, kept only if its text contained a distinctive phrase of the instrument, hashed at retrieval and re-checked by a second reviewer.

Every instrument has one exhibit identifier, used everywhere on the site and in this report. A State instrument carries its two-letter State code and a serial number (Ex. TX-004 is Texas Executive Order GA-09 of March 22, 2020); a metropolitan instrument carries MET and the metro code; a federal instrument carries FED; a sector regulator's instrument carries SEC and the industry number, and an organizer's notice adds GM; an overlooked authority carries AGY and its cluster; a standing duty carries DUT and the State code, or DUT-FED (Ex. DUT-FED-001 is the general duty clause of the Occupational Safety and Health Act); a legal authority carries LAW.

The dates decide the quarters. An instrument is in force in a quarter only if its effective date fell on or before the quarter's last day and its end date, if any, fell on or after the quarter's first day. The six quarters are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021. Because the CARES Act applies to wages paid after March 12, 2020, and the Service's Form 941-X instructions place the credit for wages paid March 13 through March 31, 2020 on the second-quarter return, the orders of March 13 through 31, 2020, the first stay-at-home and closure orders in the country, appear in the record of the second quarter of 2020.

4. The orders, quarter by quarter

For each quarter selected, the instruments in force appear by layer: the federal layer (the Library's FED-A and FED-B files, including the federal court orders they hold), the State, the metropolitan area, the industry's regulators, and the agencies, boards and authorities whose orders resolve to the State. Within a layer the instruments that carry the industry's key limitation types come first, then the rest in date order. An instrument in force across several quarters is described in full where it first appears and listed in compact form in each later quarter. Every item carries its citation and its exhibit identifier.

Second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020)

Federal layer

Ex. FED-192
Guidelines for Opening Up America Again (Apr. 16, 2020)

Guidelines for Opening Up America Again

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

Dates
In force from Apr. 16, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Functions reached
context: the federal template of the phased reopenings that State orders enacted (telework 'whenever possible' for employers in Phases One and Two; closed or capacity-limited venues; ten-person and fifty-person gathering ceilings; travel minimization)
Grade
Primary source read
Days in this quarter
76 (in force on the last day)

President Trump has unveiled Guidelines for Opening Up America Again, a three-phased approach based on the advice of public health experts. These steps will help state and local officials when reopening their economies, getting people back to work, and continuing to protect American lives.... Proposed State or Regional Gating Criteria: Satisfy Before Proceeding to Phased Comeback... Downward trajectory of documented cases within a 14-day period... Phase One: For States and Regions that satisfy the gating criteria. INDIVIDUALS: ALL VULNERABLE INDIVIDUALS should continue to shelter in place.... Social settings of more than 10 people, where appropriate distancing may not be practical, should be avoided unless precautionary measures are observed. Avoid SOCIALIZING in groups of more than 10 people in circumstances that do not readily allow for appropriate physical distancing (e.g.…

Enforcement: None (guidance); adopted by reference in State reopening orders (e.g., the phased frameworks of Texas, Georgia, Arizona, Ohio, Pennsylvania, Colorado) and by CMS (FED-159)

Citation: The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192) Open the exhibit

Ex. FED-097
QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)

QSO-20-14-NH (REVISED)

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

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

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

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

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

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

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

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

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

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

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

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

Ex. FED-191
30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)

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

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

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

Enforcement: None (guidance)

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

Ex. FED-157
QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)

QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials

CMS, Quality, Safety & Oversight Group, United States (nursing homes; State and local officials) (Federal)

Dates
In force from May 18, 2020 to Mar. 10, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Capacity limitGathering capHealth care orders
Functions reached
VS visitation phases; DN communal dining and group activities by phase; HR non-essential personnel entry by phase (salons, therapy, volunteers); RS admissions
Grade
Primary source read
Days in this quarter
44 (in force on the last day)

Recommendations for State and Local Officials: CMS is providing recommendations to help determine the level of mitigation needed to prevent the transmission of COVID19 in nursing homes. The recommendations cover the following items: Criteria for relaxing certain restrictions and mitigating the risk of resurgence: Factors to inform decisions for relaxing nursing home restrictions through a phased approach. Visitation and Service Considerations: Considerations allowing visitation and services in each phase.... Given the critical importance in limiting COVID-19 exposure in nursing homes, decisions on relaxing restrictions should be made with careful review of a number of facility-level, community, and State factors/orders

Enforcement: Recommendations; implemented by State orders and directives and by survey

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157) Open the exhibit

Ex. FED-290
Press release of March 12, 2020 (Building closed to the public)

Supreme Court Building closed to the public until further notice

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

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

Enforcement: Supreme Court Police

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

Ex. FED-338
General Order 20-0012 (original)

In re: Coronavirus COVID-19 Public Emergency

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

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

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

Enforcement: court order

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

Ex. FED-027
CDC No Sail Order and Suspension of Further Embarkation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Supreme Court postpones oral arguments scheduled for the March session

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

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

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

Enforcement: order of the Court

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

Ex. FED-317
General Order 72

In re: Coronavirus Disease Public Health Emergency

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

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

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

Enforcement: court order

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

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

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

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

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

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

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

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

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

Hoover Dam temporarily closed to all visitors

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

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

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

Enforcement: Reclamation facility order

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

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

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

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

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

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

Enforcement: agency closure

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

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

National Park Service to Temporarily Suspend Park Entrance Fees

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

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

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

Enforcement: Secretarial direction

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

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

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

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

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

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

Enforcement: court order; U.S. Marshals

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

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

In re: Restrictions on Visitors to Courthouses

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

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

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

Enforcement: court order; court security officers

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

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

USDA Service Centers Open for Business by Phone Appointment Only

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

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

Enforcement: USDA operating directive

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

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

BLM Temporarily Closes Developed Recreation Facilities in Oregon

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

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

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

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

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

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

Supreme Court postpones the April session oral arguments

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

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

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

Enforcement: order of the Court

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

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

Non-Emergent, Elective Medical Services, and Treatment Recommendations

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

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

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

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

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

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

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

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

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

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

Enforcement: order of the Court

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

Ex. FED-028
No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)

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

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

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

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

Enforcement: same as FED-027

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

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

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

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

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

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

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

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

Ex. FED-318
General Order 72-2

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

Enforcement: House rule

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

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

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

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

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

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

Enforcement: court order; court security

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

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

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

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

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

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

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

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

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

Determination that a Public Health Emergency Exists

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

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

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

Enforcement: Predicate; the enabled instruments carry their own enforcement

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

Ex. FED-200
Proclamation 9984

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: Framework for FDA emergency use authorizations

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

Ex. FED-001
Proclamation 9994

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

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

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

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

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

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

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

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

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

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

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

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

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

Ex. FED-201
Proclamation 9992

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

QSO-20-13-Hospitals

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

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

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

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

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

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

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

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

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

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

Enforcement: Governs federal survey operations

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

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

Guidance on Preparing Workplaces for COVID-19

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

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

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

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

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

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

QSO-20-18-HHA

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

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

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

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

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

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

State of South Dakota

Ex. SD-044
Complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C. June 23, 2020), reciting Emergency Executive Orders 02.1-2020-CR (Apr. 1, 2020; checkpoints and travel plans), 02.2-2020-CR (Apr. 8, 2020; 14-day quarantines) and successors

Complaint for Injunctive and Declaratory Relief

Cheyenne River Sioux Tribe (complaint filed in the U.S. District Court for the District of Columbia), Cheyenne River Sioux Tribe (Tribal)

Dates
In force from Apr. 30, 2020 to Sept. 30, 2020 (issued June 23, 2020)
Quarters
2020 Q22020 Q3
Limitations
Stay-at-homeBusiness closureGathering capTravel and quarantineAlcohol and barsQuarantine and isolation
Functions reached
TR travel across the reservation on U.S. and State highways; DR/BA/AM reservation businesses closed; GATH gatherings of ten prohibited; WF quarantines; CB reservation customers under stay-at-home
Grade
Primary source read
Days in this quarter
62 (in force on the last day)

On March 13, 2020, the Cheyenne River Sioux Tribal government declared a State of Emergency... including: school and government office closures; a Reservation-wide travel ban for all government employees; and restrictions on Reservation-based organizations bringing non-resident individuals and organizations onto the Reservation.... Under Emergency Executive Order # 02.1-2020-CR, every vehicle not simply passing through the Cheyenne River Sioux Reservation must complete a travel plan form... Emergency Executive Order #02.2-2020-CR instituted mandatory 14-day quarantines for both member and nonmember residents who are infected, exposed, or are suspected to have been exposed. Emergency Executive Order #02.3-2020-CR issued a Stay-at-Home Recommendation. This Order further prohibited all gatherings of ten or more people outside of a single household, which applies to both members and…

Enforcement: Tribal civil regulatory authority; Health Safety Checkpoints on U.S. 212 and S.D. 63

Citation: Cheyenne River Sioux Tribe (complaint filed in the U.S. District Court for the District of Columbia), Complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C. June 23, 2020), reciting Emergency Executive Orders 02.1-2020-CR (Apr. 1, 2020; checkpoints and travel plans), 02.2-2020-CR (Apr. 8, 2020; 14-day quarantines) and successors (Ex. SD-044)

Ex. SD-005
Executive Order 2020-08

COVID-19 directives to South Dakotans, employers, enclosed retail businesses that promote public gatherings, healthcare organizations and local governments

Governor Kristi Noem, South Dakota (State)

Dates
In force from Mar. 23, 2020 to May 2, 2020
Quarters
2020 Q2
Limitations
Business closureTelework mandateGathering capHealth care ordersWorkplace rules
Functions reached
DR dining rooms and BA bars; FC fitness and entertainment venues; SX elective surgery; OF telework and travel; GATH local gathering limits; CB customers
Grade
Primary source read
Days in this quarter
41

do hereby Order and Direct the following:... All employers, both for profit and not-for-profit, within the State of South Dakota should:... 9. Encourage staff to telework if possible, implement social distancing measures, limit unnecessary work gatherings, limit non-essential travel... Any 'enclosed retail business that promotes public gatherings' within the State of South Dakota should: 11. Suspend or modify business practices as recommended by CDC guidance that involve ten or more people to be in an enclosed space where physical separation of at least six feet is not possible. 12. Continue offering or consider offering business models that do not involve public gatherings, including takeout, delivery, drive-through, curb-side service, off-site services... All healthcare organizations within the State of South Dakota should:... 15. Postpone all non-essential elective surgeries to…

Enforcement: Hortatory ('should'); Limitation B: creates no right enforceable at law; read with CISA memorandum of Mar. 19, 2020

Citation: Governor Kristi Noem, Executive Order 2020-08 (Mar. 23, 2020) (Ex. SD-005) Open the exhibit

Ex. SD-039
Ordinance No. 28-20

An Ordinance... Adopting the Sioux Falls Board of Health Second Amended and Restated Regulations Pertaining to the Novel Coronavirus (COVID-19)

Sioux Falls City Council, adopting the Sioux Falls Board of Health Second Amended and Restated Regulations, Sioux Falls, South Dakota (City)

Dates
In force from Mar. 26, 2020 to Apr. 8, 2020
Quarters
2020 Q2
Limitations
Business closureTelework mandateGathering capAlcohol and barsEvents and venues
Functions reached
DR/BA ten patrons on premises; FC/PE health clubs, athletic and entertainment venues; MC/EV convention center, arena, theaters closed; OF telework urged; CB
Grade
Primary source read
Days in this quarter
14

The following City buildings and venues will remain closed to the general public: a. Denny Sanford PREMIER Center; b. Sioux Falls Convention Center; c. Sioux Falls Arena; d. Orpheum Theater; e. Washington Pavilion of Arts and Science; f. Midco Aquatic Center; g. Great Plains Zoo & Delbridge Museum... j. City Hall, excluding the Mayor's Office... The Sioux Falls community centers shall remain closed until the Sioux Falls School District resumes classes.... Any enclosed retail business that promotes public gathering shall modify business practices in order to ensure that not more than ten patrons are on the premises for on-site use of the services and/or consumption of the goods at any given time.... The business entity, owner, and supervising manager of any business that refuses to comply with these regulations as adopted by ordinance by the city council shall be deemed to be in violation…

Enforcement: Section 3: general penalty of Sioux Falls Code § 10.999; injunction; for licensees under SDCL Title 35, 'a mandatory recommendation to the South Dakota Secretary of Revenue that such business's license be suspended or revoked'; 'Each day a violation of this ordinance is allowed to occur is considered a separate offense'

Citation: Sioux Falls City Council, adopting the Sioux Falls Board of Health Second Amended and Restated Regulations, Ordinance No. 28-20 (Mar. 26, 2020) (Ex. SD-039) Open the exhibit

Ex. SD-037
Coronavirus Resolution of March 27, 2020 (press release describing it)

Minnehaha County Commission Approves Coronavirus Resolution to Limit Spread

Minnehaha County Board of Commissioners, Minnehaha County, South Dakota (County)

Dates
In force from Mar. 27, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering cap
Functions reached
DR/BA rural dining and bars; CB
Grade
Confirmed from a secondary source
Days in this quarter
96 (in force on the last day)

Resolution language encourages businesses to modify operations to ensure no more than ten patrons are on the premises for on-site use of services or consumption of goods at any given time. Businesses are encouraged to utilize business models that include takeout, delivery, drive-thru, curbside service, offsite service, and do not involve public gatherings. The resolution applies to locations outside of incorporated municipalities.

Enforcement: Hortatory ('encourages')

Citation: Minnehaha County Board of Commissioners, Coronavirus Resolution of March 27, 2020 (press release describing it) (Mar. 27, 2020) (Ex. SD-037) Open the exhibit

Ex. SD-040
Operating Under the 'No Lingering' Ordinance (flow chart, last updated 3/27/2020)

Operating Under the 'No Lingering' Ordinance

City of Sioux Falls, Sioux Falls, South Dakota (City)

Dates
In force from Mar. 27, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering cap
Functions reached
DR/BA; CB
Grade
Primary source read
Days in this quarter
96 (in force on the last day)

You are required to: Limit patrons to no more than 10 on site at any given time; Social distance patrons and separate groups of patrons by at least 6 feet; Follow CDC guidelines for cleaning your facility and sanitizing equipment; Enforce proper handwashing for employees... THE CITY COUNCIL ADOPTED THIS ORDINANCE ON MARCH 26, 2020. IT IS IN EFFECT UNTIL APRIL 8, 2020, UNLESS EXTENDED BY THE COUNCIL WITH FURTHER ACTION.

Enforcement: Describes Ordinance 28-20

Citation: City of Sioux Falls, Operating Under the 'No Lingering' Ordinance (flow chart, last updated 3/27/2020) (Mar. 27, 2020) (Ex. SD-040) Open the exhibit

Ex. SD-094
Ordinance No. 6413 (April 2020 readoption of the March 27 closures) and the June 2020 extension of the COVID regulations to the end of July 2020

Ordinance 6413 and June 2020 extension

Rapid City Common Council, Rapid City, South Dakota (City)

Dates
In force from Apr. 6, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Business closureCapacity limit
Functions reached
DR/BA; FC; CB
Grade
Confirmed from a secondary source
Days in this quarter
86 (in force on the last day)

[SD-064 recital:] the City adopted an emergency ordinance pursuant to SDCL 9-29-1 and 9-32-1... the emergency ordinance allows the City Council to enact further restrictions on public gatherings and public movements it deems necessary... shall be in violation of Ordinance 6413. [SD-067, June 3, 2020:] Council approved extending the current COVID regulations. The Ordinance will expire at the end of July.

Enforcement: Rapid City Municipal Code § 1.12.010

Citation: Rapid City Common Council, Ordinance No. 6413 (April 2020 readoption of the March 27 closures) and the June 2020 extension of the COVID regulations to the end of July 2020 (Apr. 6, 2020) (Ex. SD-094)

Ex. SD-038
Flyer: 'Combat the Spread of COVID-19: Follow the Governor's Executive Order'

Governor Noem is directing South Dakotans to do the following

Office of the Governor / covid.sd.gov, South Dakota (State)

Dates
In force from Sept. 21, 2020; end: n/a
Quarters
2020 Q2
Limitations
Stay-at-homeTelework mandateGathering capHealth care orders
Functions reached
CB public told to stay home; OF telework and screening; DR/BA gatherings of ten
Grade
Primary source read
Days in this quarter
0

Governor Noem is directing South Dakotans to do the following: SOUTH DAKOTANS: STAY HOME to reduce exposure; Do not gather in groups of 10 or more; use social distancing... EMPLOYERS:... Prepare for business difficulties to last at least four months - this is not a short-term challenge; Encourage staff to telework if possible; eliminate gatherings of 10 or more; Consider daily health checks and screening of employees when entering the workplace... BUSINESSES SERVING PUBLIC GROUPS: Adjust business to offer alternative services to comply with CDC guidance; Reduce or modify gatherings of 10 or more when separation of at least 6 feet is not possible

Enforcement: Summary of the executive orders

Citation: Office of the Governor / covid.sd.gov, Flyer: 'Combat the Spread of COVID-19: Follow the Governor's Executive Order' (Sept. 21, 2020) (Ex. SD-038) Open the exhibit

Ex. SD-066
COVID-19 Updates page, March 19 to May 2020 entries (rendered capture)

Rapid City COVID-19 Updates (March-May 2020)

City of Rapid City (Mayor's Office / City Council COVID-19 Updates page), Rapid City, South Dakota (City)

Dates
In force from Mar. 19, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureCourts and public officesOther
Functions reached
CT City Hall closed to the public; DR/BA closures enforced
Grade
Primary source read
Days in this quarter
104 (in force on the last day)

MARCH 23 UPDATE: Following CDC Guidelines, Rapid City will pass an emergency ordinance restricting or closing certain businesses. This is necessary due to unacceptably low compliance with social distance recommendations.... City Hall will likely close to public access beginning Monday, March 23rd.... MARCH 27 UPDATE: The City is working on a compliance / enforcement plan in anticipation of passing the emergency ordinance at tonight's special council meeting.... APRIL 2 UPDATE: We are preparing for the regular city council meeting on April 6th. The emergency ordinance will be discussed at that time. The council will either extend the business closure dates, or allow it to expire.... APRIL 6 UPDATE: Code enforcement continues to check on compliance with the emergency ordinance.... APRIL 29 UPDATE: City Ordinance Revision is in effect. Approved by Council Monday night.

Enforcement: n/a (record of enforcement activity)

Citation: City of Rapid City (Mayor's Office / City Council COVID-19 Updates page), COVID-19 Updates page, March 19 to May 2020 entries (rendered capture) (Mar. 19, 2020) (Ex. SD-066) Open the exhibit

Ex. SD-068
Ordinance 20-005

An Emergency Ordinance to Address a Public Health Crisis by Implementing Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19)

Brookings City Council (Mayor Keith W. Corbett), Brookings, South Dakota (City)

Dates
In force from Mar. 23, 2020 to Apr. 8, 2020
Quarters
2020 Q2
Limitations
Business closureAlcohol and barsEvents and venues
Functions reached
DR/BA; FC/PE/AM; SL salons, barbers, spas closed; TO takeout permitted; CB
Grade
Primary source read
Days in this quarter
17

1. Effective at 7:00 p.m. Monday, March 23, 2020, all restaurants, food courts, coffee houses, bars, breweries, clubs, cafes and other similar places of public accommodation offering food and beverages for on-site consumption, including any alcohol licensees with on-sale privileges, are closed to on-site/on-sale patrons.... 2.... all recreational facilities, public pools, health clubs, athletic facilities and theaters, including movie theaters and music or entertainment venues are directed to close and cease operations during this emergency.... 4.... all arcades, bingo halls, bowling alleys, indoor golf ranges, casinos, indoor climbing facilities, skating rinks, and other similar recreational or entertainment facilities are directed to close and cease operations... 5. Effective at 7:00 p.m. Monday, March 23, 2020, all salons, barber shops, and spas, and other similar facilities are…

Enforcement: Brookings Municipal Code § 1.08 general penalty; each day a separate offense

Citation: Brookings City Council (Mayor Keith W. Corbett), Ordinance 20-005 (Mar. 23, 2020) (Ex. SD-068) Open the exhibit

Ex. SD-063
Ordinance No. 6412

An Emergency Ordinance to Address a Public Health Crisis by Implementing Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19)

Rapid City Common Council (Mayor Steve Allender), Rapid City, South Dakota (City)

Dates
In force from Mar. 27, 2020 to Apr. 8, 2020
Quarters
2020 Q2
Limitations
Business closureAlcohol and barsEvents and venues
Functions reached
DR/BA dine-in and bars closed; FC/PE/AM gyms, theaters, casinos, bowling closed; TO takeout and delivery permitted; CB
Grade
Primary source read
Days in this quarter
13

1. Effective at 7:00 p.m. Friday, March 27, 2020, all restaurants, food courts, coffee houses, bars, breweries, distilleries, wineries, clubs, cafes and other similar places of public accommodation offering food and beverages for on-site consumption, including any alcohol licensees with on-sale privileges, are closed to on-site/on-sale patrons. These businesses may continue to operate in order to provide take-out, delivery, curbside service, and drive-thru service.... 2.... all recreational facilities, public pools, health clubs, athletic facilities and theaters, including movie theaters and music or entertainment venues are directed to close and cease operations.... 4.... all arcades, bingo halls, bowling alleys, casinos, indoor climbing facilities, skating rinks, trampoline parks, and other similar recreational or entertainment facilities are directed to close and cease operations....…

Enforcement: Rapid City Municipal Code § 1.12.010 general penalty; each day a separate offense; code enforcement compliance checks (SD-066)

Citation: Rapid City Common Council (Mayor Steve Allender), Ordinance No. 6412 (Mar. 27, 2020) (Ex. SD-063) Open the exhibit

Ex. SD-010
Executive Order 2020-13

Vulnerable Individuals Stay At Home order for residents and visitors of Minnehaha and Lincoln Counties

Governor Kristi Noem, South Dakota (Minnehaha and Lincoln Counties) (State)

Dates
In force from Apr. 6, 2020 to Apr. 27, 2020
Quarters
2020 Q2
Limitations
Stay-at-home
Functions reached
CB customer base (vulnerable population of the Sioux Falls metro confined to home); WF workforce over 65 or with conditions outside critical infrastructure
Grade
Primary source read
Days in this quarter
22

1. Scope. This Order shall apply to residents and visitors of Minnehaha and Lincoln Counties.... this Executive Order is mandatory for the counties above.... 2. Vulnerable Individuals Stay At Home. To flatten the curve and slow down hospitalizations, adults over the age of sixty-five (65) and people of any age who have serious underlying medical conditions, collectively referred to as 'Vulnerable Individuals,' shall stay at home or a place of residence if possible, except for vulnerable individuals to work in a critical infrastructure sector job or to conduct essential errands.... Essential errands shall mean those errands which are critical to everyday life and include obtaining medication, groceries, gasoline, and visiting medical providers.

Enforcement: 'mandatory'; SDCL 34-48A

Citation: Governor Kristi Noem, Executive Order 2020-13 (Apr. 6, 2020) (Ex. SD-010) Open the exhibit

Ex. SD-069
Ordinance 20-005 (REVISED)

An Emergency Ordinance to Address a Public Health Crisis... (Revised)

Brookings City Council, Brookings, South Dakota (City)

Dates
In force from Apr. 8, 2020 to May 12, 2020
Quarters
2020 Q2
Limitations
Business closure
Functions reached
DR/BA; FC; SL
Grade
Primary source read
Days in this quarter
35

Ordinance 20-005 (REVISED) An Emergency Ordinance to Address a Public Health Crisis by Implementing Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (Covid-19)

Enforcement: Brookings Municipal Code § 1.08

Citation: Brookings City Council, Ordinance 20-005 (REVISED) (Apr. 8, 2020) (Ex. SD-069) Open the exhibit

Ex. SD-015
Executive Order 2020-18

Extension and restatement of EO 2020-13 (Vulnerable Individuals Stay At Home) to May 11, 2020

Governor Kristi Noem, South Dakota (Minnehaha and Lincoln Counties) (State)

Dates
In force from Apr. 27, 2020 to May 11, 2020 (issued Apr. 24, 2020)
Quarters
2020 Q2
Limitations
Stay-at-home
Functions reached
CB; WF
Grade
Primary source read
Days in this quarter
15

Executive Order 2020-13 will expire April 27, 2020, and circumstances warrant its extension for two weeks until May 11, 2020... do hereby Order and Direct that Executive Order 2020-13 is extended and restated... this Executive Order is mandatory for the counties above... 'Vulnerable Individuals,' shall stay at home or a place of residence if possible, except for vulnerable individuals to work in a critical infrastructure sector job or to conduct essential errands

Enforcement: 'mandatory'; SDCL 34-48A

Citation: Governor Kristi Noem, Executive Order 2020-18 (Apr. 24, 2020) (Ex. SD-015) Open the exhibit

Ex. SD-065
Guide to Ease Restrictions (Rapid City's Plan to Ease Restrictions)

Guide to Ease Restrictions

City of Rapid City, Rapid City, South Dakota (City)

Dates
In force from Apr. 27, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Capacity limitWorkplace rules
Functions reached
DR/BA; SF; FC; HK
Grade
Primary source read
Days in this quarter
65 (in force on the last day)

The following are an easement of restrictions to affected businesses and establishments in Rapid City... approved by the Rapid City Common Council on April 27, 2020, effective immediately.... Capacity Limitations: Restaurants, bars, and casinos shall be limited to a capacity of half their maximum posted occupancy. Limit number of customers in grocery, retail, recreation and fitness businesses based on available square footage... Food service employees must be masked.

Enforcement: Describes SD-064

Citation: City of Rapid City, Guide to Ease Restrictions (Rapid City's Plan to Ease Restrictions) (Apr. 27, 2020) (Ex. SD-065) Open the exhibit

Ex. SD-071
Resolution 20-038

An Emergency Resolution Modifying Certain Measures Set Forth in Ordinance 20-005 (Revised) and Deemed Necessary to Slow the Community Spread of Coronavirus (Covid-19)

Brookings City Council, Brookings, South Dakota (City)

Dates
In force from May 4, 2020 to May 31, 2020
Quarters
2020 Q2
Limitations
Capacity limitFace-covering requirementWorkplace rules
Functions reached
DR/BA; SF; SL; FC; WF
Grade
Primary source read
Days in this quarter
28

Any businesses identified in Ordinance 20-005 may reopen to serve patrons on-site pursuant to the conditions established in this resolution.... c) Restaurants, bars, and casinos shall be limited to a maximum of ten (10) customers or a capacity of one-half of their maximum posted capacity, whichever is greater.... j) Food service employees must wear a mask which covers the employee's nose and mouth.... 6. Any business entity, owner, or supervising manager of any business that is not in compliance with these regulations... shall be in violation of Ordinance 20-005, as amended. 7. This Resolution shall remain in effect until May 31, 2020... 8. Enforcement: Violation of this Resolution may result in a fine, and multiple violations may result in further enforcement procedures, including legal action to close the business for the safety of the public.

Enforcement: Fine; legal action to close the business

Citation: Brookings City Council, Resolution 20-038 (May 4, 2020) (Ex. SD-071) Open the exhibit

Ex. SD-067
COVID-19 Updates page, May to November 23, 2020 entries (rendered capture)

Rapid City COVID-19 Updates (May-November 2020)

City of Rapid City (COVID-19 Updates page), Rapid City, South Dakota (City)

Dates
In force from Nov. 23, 2020 to Dec. 31, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Capacity limitFace-covering requirementOther
Functions reached
CT City facilities masks; DR/BA regulations to end of July 2020; MASK first reading of public ordinance
Grade
Primary source read
Days in this quarter
0

JUNE 3 UPDATE: Council approved extending the current COVID regulations. The Ordinance will expire at the end of July.... OCTOBER 27: CITY REQUIRING PUBLIC TO WEAR MASKS AT CITY MEETINGS, FACILITIES... All visitors to city buildings will be required to wear a facial covering. Masks will be provided if necessary. In-person services will be refused to anyone refusing to wear a mask.... NOVEMBER 20: CITY COUNCIL APPROVES FIRST READING OF COMMUNITY MASK REQUIREMENT. The Rapid City Council met for three hours Thursday night (11/19) approving first reading of an emergency ordinance requiring the wearing of face coverings in certain situations to slow the community spread of Coronavirus (COVID-19). The measure passed 6-5 with Mayor Steve Allender casting the tie-breaking vote.... No. CC111920-01... NOVEMBER 23: CITY COUNCIL SCHEDULES SECOND MEETING ON COMMUNITY MASK REQUIREMENT. Special session…

Enforcement: n/a (record); City-facility mask rule enforced by refusal of in-person service

Citation: City of Rapid City (COVID-19 Updates page), COVID-19 Updates page, May to November 23, 2020 entries (rendered capture) (Nov. 23, 2020) (Ex. SD-067) Open the exhibit

Ex. SD-091
Executive Order No. 218 (Mayor)

Declaration of emergency to address the novel Coronavirus COVID-19

Mayor Paul TenHaken, Sioux Falls, South Dakota (City)

Dates
In force from Mar. 12, 2020 to Mar. 9, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Emergency declaration
Functions reached
EMER
Grade
Confirmed from a secondary source
Days in this quarter
110 (the whole quarter)

[as recited in SD-039 and SD-041:] on March 12, 2020, the Mayor issued Executive Order No. 218 declaring an emergency to address the novel Coronavirus COVID-19

Enforcement: Predicate

Citation: Mayor Paul TenHaken, Executive Order No. 218 (Mayor) (Mar. 12, 2020) (Ex. SD-091)

Ex. SD-001
Executive Order 2020-04

Declaration of State of Emergency (COVID-19)

Governor Kristi Noem, South Dakota (State)

Dates
In force from Mar. 13, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Emergency declarationSupply chain
Functions reached
EMER predicate for every later State instrument; SC relief-supply carriers (hours-of-service exemption)
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

I do hereby declare that a State of Emergency exists in all counties in the State of South Dakota and direct the plans and procedures of the State Emergency Operations Plan to be implemented.... I direct and order that the South Dakota Department of Health, by and through the secretary, has the authority and oversight of measures to control and contain the spread of COVID-19... the transportation and delivery of emergency relief supplies and services such as vaccines, antivirals, prescription drugs, protective equipment, and other necessary medical assets, into or within South Dakota shall be exempt from 49 CFR Parts 390 to 399

Enforcement: Predicate declaration; SDCL 34-48A powers

Citation: Governor Kristi Noem, Executive Order 2020-04 (Mar. 13, 2020) (Ex. SD-001) Open the exhibit

Ex. SD-045
Order Declaring Judicial Emergency COVID-19 Disease

South Dakota Supreme Court (Gilbertson, C.J.), South Dakota (Court)

Dates
In force from Mar. 13, 2020 to Sept. 8, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Courts and public offices
Functions reached
CT courts, clerks, jurors, litigants statewide
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

1. The South Dakota Supreme Court declares the existence of a judicial emergency pursuant to SDCL 16-3-11 through 15. 2. After first consulting with the Chief Justice... the presiding judges of South Dakota's seven judicial circuits are authorized to adopt, modify and suspend court rules and orders and to take further actions concerning court operations, as warranted to address the spread of COVID-19 in their areas... 4. Each circuit shall enact policies to address requests from persons, who meet the public health criteria for high risk populations for COVID-19, to be excused from jury service or in-person appearances at court.

Enforcement: Supreme Court order; circuit orders approved thereunder

Citation: South Dakota Supreme Court (Gilbertson, C.J.), Order Declaring Judicial Emergency COVID-19 Disease (Mar. 13, 2020) (Ex. SD-045) Open the exhibit

Ex. SD-046
Order Suspending 180-Day Rule (23A-44-5.1)

Order Suspending 180-Day Rule

South Dakota Supreme Court (Gilbertson, C.J.), South Dakota (Court)

Dates
In force from Mar. 13, 2020 to Sept. 8, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Courts and public offices
Functions reached
CT criminal dockets delayed
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

it has become necessary for courts in all counties statewide to limit public gatherings or otherwise significantly modify their regular operations... the provisions of SDCL 23A-44-5.1, commonly known as the 180-day rule, are hereby suspended effective as of March 13, 2020, for all counties statewide until rescinded by further order of the Court

Enforcement: Supreme Court order

Citation: South Dakota Supreme Court (Gilbertson, C.J.), Order Suspending 180-Day Rule (23A-44-5.1) (Mar. 13, 2020) (Ex. SD-046) Open the exhibit

Ex. SD-002
Executive Order 2020-05

Non-essential State personnel to work remotely; work-related out-of-state travel prohibited

Governor Kristi Noem, South Dakota (State)

Dates
In force from Mar. 15, 2020 to June 30, 2020 (issued Mar. 13, 2020)
Quarters
2020 Q2
Limitations
Telework mandateTravel and quarantine
Functions reached
OF State offices closed to non-essential staff; CT State agency counterparties (licensing, permits) operating remotely; TR business travel by State personnel prohibited
Grade
Primary source read
Days in this quarter
108 (in force on the last day)

I do hereby order non-essential personnel of the offices of state government to report to work remotely and not report to state offices... Essential personnel shall report to work as scheduled... All work-related, out-of-state travel is prohibited... This Executive Order shall apply only to state employees within the Executive Branch of state government under the direct control of the Governor. All other units of government and the private business sector shall make independent judgments on this matter.

Enforcement: Employment directive

Citation: Governor Kristi Noem, Executive Order 2020-05 (Mar. 13, 2020) (Ex. SD-002) Open the exhibit

Ex. SD-060
6th Judicial Circuit COVID-19 Procedures

6th Judicial Circuit COVID-19 Procedures (March 15, 2020)

Sixth Judicial Circuit, Sixth Judicial Circuit (Court)

Dates
In force from Mar. 15, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Courts and public officesQuarantine and isolation
Functions reached
CT (Pierre and central counties)
Grade
Primary source read
Days in this quarter
108 (in force on the last day)

2. The following persons are not allowed into the courtroom, jury room, or offices of the clerk of court, court services, judges, or administrative staff unless otherwise ordered by the Court upon a showing of exceptional circumstances: a. Anyone who has been diagnosed with COVID-19 or who has been within 10 feet of any other person diagnosed with COVID-19 within the previous fourteen-day period. b. Anyone with a fever over 100.4 F.... 4.... If a high-risk individual is a plaintiff, defendant, lawyer or witness in a case currently scheduled for trial or hearing, a continuance of at least thirty days will be granted upon request.

Enforcement: Court procedures under the judicial emergency

Citation: Sixth Judicial Circuit, 6th Judicial Circuit COVID-19 Procedures (Mar. 15, 2020) (Ex. SD-060) Open the exhibit

Ex. SD-047
Standing Order Regarding COVID-19 Courthouse Safety Measures

Presiding Judge Robin J. Houwman, Second Judicial Circuit, Second Judicial Circuit (Minnehaha and Lincoln Counties) (Court)

Dates
In force from Mar. 16, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Travel and quarantineCourts and public officesQuarantine and isolation
Functions reached
CT courthouse access; TR international travelers barred
Grade
Primary source read
Days in this quarter
46

persons, including the public, parties to litigation, defendants, and employees, shall not enter the Minnehaha County Courthouse or the Courthouse portion of the Lincoln County Administration Building (the Courthouse), if they fall into any of the categories below: 1) Persons who have traveled to or live with someone who has traveled to any of the following countries in the last 14 days: China, South Korea, any European Country, Iran... 2) Person who have been asked to self-quarantine... 4) Persons with a cough, fever over 100.4 F, or shortness of breath, and 5) Persons under the age of 10.

Enforcement: Court Security Officers may question and deny entry

Citation: Presiding Judge Robin J. Houwman, Second Judicial Circuit, Standing Order Regarding COVID-19 Courthouse Safety Measures (Mar. 16, 2020) (Ex. SD-047) Open the exhibit

Ex. SD-056
Order Regarding Seventh Circuit COVID-19 Protocol

Presiding Judge Craig A. Pfeifle, Seventh Judicial Circuit (Court)

Dates
In force from Mar. 16, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Courts and public offices
Functions reached
CT civil litigation in Rapid City delayed and moved to telephone
Grade
Primary source read
Days in this quarter
107 (in force on the last day)

(2) Jury trials: a) All civil jury trials are hereby continued for a minimum of 30 days; b) Any non-custodial defendant jury trials may be continued for 30 days due to public health concerns... g) All non-evidentiary civil court hearings are ordered to be held telephonically; all other appearance that can be held via telephone or ITV will be so scheduled

Enforcement: Court order

Citation: Presiding Judge Craig A. Pfeifle, Order Regarding Seventh Circuit COVID-19 Protocol (Mar. 16, 2020) (Ex. SD-056) Open the exhibit

Ex. SD-057
Administrative Order #1 Re: COVID-19 Pandemic Response, Civ. 20-1

Administrative Order #1 Re: COVID-19 Pandemic Response

Presiding Judge Cheryle Gering, First Judicial Circuit (fourteen southeastern counties) (Court)

Dates
In force from Mar. 16, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Courts and public offices
Functions reached
CT jury trials continued (Yankton, Vermillion, Mitchell and area)
Grade
Primary source read
Days in this quarter
46

IT IS FURTHER ORDERED that whenever possible, with consultation between the judge, parties and counsel, jury trials scheduled in March and April in the First Circuit shall be continued as there is good cause for the continuances in light of the COVID-19 pandemic; IT IS FURTHER ORDERED that... all judges, court services officers, clerks of court, and other court staff in each county shall adopt practices to encourage social distancing in all interactions and shall adopt schedules which will result in smaller groups of participants and spectators in courtrooms

Enforcement: Court order

Citation: Presiding Judge Cheryle Gering, Administrative Order #1 Re: COVID-19 Pandemic Response, Civ. 20-1 (Mar. 16, 2020) (Ex. SD-057) Open the exhibit

Ex. SD-003
Executive Order 2020-06

Extension of EO 2020-05 (State personnel remote; out-of-state travel prohibited)

Governor Kristi Noem, South Dakota (State)

Dates
In force from Mar. 22, 2020 to Mar. 28, 2020 (issued Mar. 19, 2020)
Quarters
2020 Q2
Limitations
Telework mandateTravel and quarantine
Functions reached
OF; CT; TR
Grade
Primary source read
Days in this quarter
7

I do hereby extend Executive Order 2020-05 and order non-essential personnel of the offices of state government to report to work remotely and not report to state offices... All work-related, out-of-state travel is prohibited

Enforcement: Employment directive

Citation: Governor Kristi Noem, Executive Order 2020-06 (Mar. 19, 2020) (Ex. SD-003) Open the exhibit

Ex. SD-004
Executive Order 2020-07

Suspension of telehealth, medication-dispensing and Medicaid hearing rules; EMAC licensure; overweight relief vehicles

Governor Kristi Noem, South Dakota (State)

Dates
In force from Mar. 23, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Health care ordersSupply chain
Functions reached
TM telehealth under waiver; SC relief supplies; HR out-of-state licensure
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

I temporarily suspend provisions of ARSD 67:16, 67:61, and 67:62, which limit or restrict the provision of telehealth or telemedicine services and which require face-to-face treatment, visits, interviews, and sessions with providers

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2020-07 (Mar. 23, 2020) (Ex. SD-004) Open the exhibit

Ex. SD-059
Fourth Judicial Circuit Administrative Order #2 Re: COVID-19 Pandemic Response

Administrative Order #2 Re: COVID-19 Pandemic Response

Presiding Judge Michael W. Day, Fourth Judicial Circuit (Court)

Dates
In force from Mar. 23, 2020 to May 27, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Travel and quarantineCourts and public officesQuarantine and isolation
Functions reached
CT jury trials postponed; courthouse access limited; weddings barred; TR; QUAR
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

2. The following persons are not allowed into the courtroom, jury room, or offices of the clerk of court, court services, judges, or administrative staff unless authorized by the Court: a. Anyone who has been diagnosed with COVID-19 or who has been within 10 feet of any other person diagnosed with COVID-19 within the previous fourteen-day period. b. Anyone with a fever over 100.4F... e. Anyone who has traveled to or lives with someone who has traveled to another country within the previous fourteen-day period.... 13. No weddings shall be performed by any authorized Fourth Circuit employee and no weddings shall be performed in the Courthouses of the Fourth Circuit.... 18. All jury trials scheduled for the months of March and April shall be postponed.

Enforcement: Court order; screening including temperature checks

Citation: Presiding Judge Michael W. Day, Fourth Judicial Circuit Administrative Order #2 Re: COVID-19 Pandemic Response (Mar. 23, 2020) (Ex. SD-059) Open the exhibit

Ex. SD-007
Executive Order 2020-10

Suspension of group-home capacity, educator-preparation and winter-fuel rules

Governor Kristi Noem, South Dakota (State)

Dates
In force from Mar. 26, 2020 to July 7, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Schools and child careOther
Functions reached
HR credentialing (test sites closed); SC fuel distribution ('oversupply of fuel... because of travel restrictions')
Grade
Primary source read
Days in this quarter
97 (in force on the last day)

Student teaching experiences have been suspended for the remainder of the spring semester in academic year 2019-20 and test site closures will not allow educator candidates to take required tests for certification... I temporarily suspend the regulatory provisions of ARSD 24:53... governing educator preparation, field experiences, and applications for teaching certificates

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2020-10 (Mar. 26, 2020) (Ex. SD-007) Open the exhibit

Ex. SD-006
Executive Order 2020-09

State personnel remote and out-of-state travel prohibited, extended to May 2, 2020

Governor Kristi Noem, South Dakota (State)

Dates
In force from Mar. 29, 2020 to May 2, 2020 (issued Mar. 24, 2020)
Quarters
2020 Q2
Limitations
Telework mandateTravel and quarantine
Functions reached
OF; CT; TR
Grade
Primary source read
Days in this quarter
35

I do hereby extend Executive Order 2020-06 and order non-essential personnel of the offices of state government to report to work remotely and not report to state offices... All work-related, out-of-state travel is prohibited... shall continue until 11:59 p.m. on Saturday, May 2, 2020

Enforcement: Employment directive

Citation: Governor Kristi Noem, Executive Order 2020-09 (Mar. 24, 2020) (Ex. SD-006) Open the exhibit

Ex. SD-034
2020 Senate Bill 188 (enrolled), amending SDCL 13-26-1

An Act to account for educational opportunities provided to students during a state of emergency and to declare an emergency

South Dakota Legislature; signed by the Governor, South Dakota (State)

Dates
In force from Mar. 30, 2020 to July 1, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Schools and child care
Functions reached
IN/RL school closures and remote instruction; WF parents' workforce availability
Grade
Primary source read
Days in this quarter
93 (in force on the last day)

The minimum number of hours required in this section may be waived by the secretary if the Governor or the President of the United States declares a state of emergency and the affected school is located within the area to which the state of emergency is applicable. The Department of Education shall monitor emergency-related school closures and provide updates to the schools. When a school must remain closed due to a declared state of emergency, the school district shall forward to the Department of Education... a listing of educational opportunities that were provided to the students during the closure.

Enforcement: Statute

Citation: South Dakota Legislature; signed by the Governor, 2020 Senate Bill 188 (enrolled), amending SDCL 13-26-1 (Mar. 30, 2020) (Ex. SD-034) Open the exhibit

Ex. SD-035
2020 Senate Bill 189 (enrolled)

An Act to provide exemptions from certain requirements for the 2019-2020 school year and to declare an emergency

South Dakota Legislature; signed by the Governor, South Dakota (State)

Dates
In force from Mar. 30, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Schools and child care
Functions reached
IN school year truncated (testing and accountability waived)
Grade
Primary source read
Days in this quarter
93 (in force on the last day)

For the 2019-2020 school year: (1) Each school district is exempt from §§ 13-3-55 and 13-3-56; (2) The requirements of the state accountability system, as set forth in §§ 13-3-62, 13-3-63, 13-3-64, and 13-3-65 are waived... the requirement that each child receiving alternative instruction who is in grades four, eight, or eleven take a nationally standardized achievement test of the basic skills is waived

Enforcement: Statute

Citation: South Dakota Legislature; signed by the Governor, 2020 Senate Bill 189 (enrolled) (Mar. 30, 2020) (Ex. SD-035) Open the exhibit

Ex. SD-036
2020 Senate Bill 190 (enrolled)

An Act to revise certain driver licensing requirements to allow for an extension during a statewide emergency or disaster and to declare an emergency

South Dakota Legislature; signed by the Governor, South Dakota (State)

Dates
In force from Mar. 30, 2020 to July 1, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public offices
Functions reached
DM driver licensing; DR CDL holders; HR CDL credentialing
Grade
Primary source read
Days in this quarter
93 (in force on the last day)

During a statewide emergency or disaster declared by the Governor under the authority in chapter 34-48A, the secretary of public safety may order the extension of the expiration date for an operator's license, motorcycle operator's license, restricted minor's permit, motorcycle restricted minor's permit, or nondriver identification card for a period not to exceed the duration of the Governor's emergency or disaster declaration plus an additional ninety days... [and for] a commercial driver license or commercial learner's permit

Enforcement: Statute

Citation: South Dakota Legislature; signed by the Governor, 2020 Senate Bill 190 (enrolled) (Mar. 30, 2020) (Ex. SD-036) Open the exhibit

Ex. SD-008
Executive Order 2020-11

Declaration of disaster in all sixty-six counties and nine tribal reservations

Governor Kristi Noem, South Dakota (State)

Dates
In force from Apr. 2, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
EMER predicate; SC 'interruption of global commerce' finding
Grade
Primary source read
Days in this quarter
90 (in force on the last day)

the emergency continues to exist as COVID-19 severely impacts and interrupts nearly every aspect of daily lives of all South Dakotans... State, tribal, and local officials and citizens have suffered great economic losses or hardships as a result of the massive impact and interruption of global commerce... do hereby declare a disaster to exist in all sixty-six counties and nine tribal reservations of South Dakota for three months from the date the Secretary of the United States Department of Health and Human Services declares the public health emergency to end

Enforcement: Declaration

Citation: Governor Kristi Noem, Executive Order 2020-11 (Apr. 2, 2020) (Ex. SD-008) Open the exhibit

Ex. SD-011
Executive Order 2020-14

Suspension of teacher-evaluation rules, physical-location requirement for public meetings and bid openings, and parole sanctions

Governor Kristi Noem, South Dakota (State)

Dates
In force from Apr. 7, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public officesOther
Functions reached
BD public bidding moved to teleconference; CT public meetings remote; MK public hearings
Grade
Primary source read
Days in this quarter
85 (in force on the last day)

Due to CDC recommendations of social distancing, Executive Orders 2020-06 and 2020-09 directing state employees to work remotely if possible, and Executive Order 2020-12 directing local governments to implement CDC guidelines to reduce the spread of the disease and restrict public gatherings of ten people or more if possible, strict compliance with the physical location requirement for public official meetings as provided in SDCL 1-25-1.6 and the requirement of publicly opening bids in the presence of witnesses as provided in SDCL 5-18A-5(4) will prevent, hinder or delay necessary actions... I temporarily suspend a portion of the requirement of SDCL 1-25-1.6, so that no public body, conducting an official meeting by teleconference, needs to 'provide one or more places at which the public may listen to and participate in the teleconference meeting'

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2020-14 (Apr. 7, 2020) (Ex. SD-011) Open the exhibit

Ex. SD-012
Executive Order 2020-15

State of Emergency continued to May 31, 2020; EOs 2020-07, -10, -14 extended

Governor Kristi Noem, South Dakota (State)

Dates
In force from Apr. 9, 2020 to May 31, 2020
Quarters
2020 Q2
Limitations
Emergency declaration
Functions reached
EMER
Grade
Primary source read
Days in this quarter
53

The conditions of this emergency continue to persist and pose a danger to the public health and safety in all of South Dakota and impact the daily lives of our citizens, health care systems, businesses, and the function of state and local governments... I do hereby declare that a State of Emergency continues to exist in all counties in the State of South Dakota

Enforcement: Declaration

Citation: Governor Kristi Noem, Executive Order 2020-15 (Apr. 9, 2020) (Ex. SD-012) Open the exhibit

Ex. SD-042
COVID-19 Response: orders currently approved (index, April 2020 version)

COVID-19 Response

South Dakota Unified Judicial System, South Dakota (Court)

Dates
In force from Apr. 10, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Courts and public offices
Functions reached
CT courts
Grade
Primary source read
Days in this quarter
82 (in force on the last day)

On March 13, 2020 the South Dakota Supreme Court declared a judicial emergency from the COVID 19 Disease in the attached order. That order granted the Presiding Judges of each of South Dakota's seven judicial circuits the authority to enter orders to respond to the public health emergency in their respective jurisdictions. A copy of the orders currently approved is included below

Enforcement: Index of court orders (hyperlinked)

Citation: South Dakota Unified Judicial System, COVID-19 Response: orders currently approved (index, April 2020 version) (Apr. 10, 2020) (Ex. SD-042) Open the exhibit

Ex. SD-013
Executive Order 2020-16

Suspension of health-care licensure, telehealth prior-relationship, foster-care, shelter-care and child-care staff-ratio rules (8 pages)

Governor Kristi Noem, South Dakota (State)

Dates
In force from Apr. 15, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Schools and child careHealth care orders
Functions reached
TM telehealth; HR licensure and continuing education; EC child-care ratios
Grade
Primary source read
Days in this quarter
77 (in force on the last day)

Strict compliance with the statutory requirements that telehealth may not be utilized without a prior provider-patient relationship, that telehealth providers may not prescribe certain medications based solely on a telehealth encounter, or that video is required to examine patients prior to diagnosis or treatment in the telehealth setting will prevent, hinder, or delay necessary action... Strict compliance with the regulatory requirements regarding staff-child ratios at certain licensed facilities will prevent, hinder, or delay necessary action

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2020-16 (Apr. 15, 2020) (Ex. SD-013) Open the exhibit

Ex. SD-048
Amended Standing Order CIV 20-4 Regarding Declaration of Public Health Emergency in Minnehaha County

Standing Order Regarding Declaration of Public Health Emergency in Minnehaha County

Presiding Judge Robin J. Houwman; approved by the Supreme Court (Gilbertson, C.J.) April 14, 2020, Second Judicial Circuit (Minnehaha County) (Court)

Dates
In force from Apr. 15, 2020 to Sept. 30, 2020 (issued Apr. 14, 2020)
Quarters
2020 Q22020 Q3
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT courthouse and clerk closed to in-person business; MASK first mask mandate in the State (courthouse); CB litigants and public
Grade
Primary source read
Days in this quarter
77 (in force on the last day)

On April 10, 2020, the Secretary of the South Dakota Department of Health issued and Order Declaring Public Health Emergency in Minnehaha County, 2020-01. The Order... states that the 'further spread of the disease from exposure to the infectious virus, known as novel coronavirus, threatens widespread exposure and poses a significant risk of substantial harm and danger to public health and safety to the population of this state[.]'... Minnehaha County is the home to the third largest outbreak of COVID-19 at a facility in the United States and such facility is a mere one mile from the Courthouse.... it is essential for public health and safety that the Courthouse be limited to receiving only litigants, attorneys, subpoenaed witnesses, necessary security officers, victims and those with legitimate and urgent business at the Courthouse, and employees. 11. The mandates of social distancing…

Enforcement: Court order; screening and temperature checks; denial of entry

Citation: Presiding Judge Robin J. Houwman; approved by the Supreme Court (Gilbertson, C.J.) April 14, 2020, Amended Standing Order CIV 20-4 Regarding Declaration of Public Health Emergency in Minnehaha County (Apr. 14, 2020) (Ex. SD-048) Open the exhibit

Ex. SD-014
Executive Order 2020-17

Regulatory flexibility for pork producers after the temporary closure of a Minnehaha County processing plant

Governor Kristi Noem, South Dakota (State)

Dates
In force from Apr. 20, 2020 to Dec. 18, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Supply chain
Functions reached
PK processing plant closed; MK producers' market disrupted; SC supply chain
Grade
Primary source read
Days in this quarter
72 (in force on the last day)

A regional pork processor announced a temporary closure of a processing plant in Minnehaha County, South Dakota due to the COVID-19 pandemic; and, Whereas, The Secretary of the Department of Health declared a public health emergency to exist in Minnehaha County, South Dakota on April 10, 2020; and, Whereas, More than 500 independent pork producers supply hogs to the plant for processing... With the plant's temporary closure, the pork industry market is disrupted... I temporarily suspend the authority granted to the board of county commissioners in SDCL 11-2-25 from being used to enforce violations of the overstocking of pork operations

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2020-17 (Apr. 20, 2020) (Ex. SD-014) Open the exhibit

Ex. SD-016
Executive Order 2020-19

Suspension of appraiser distance-education, abstracter examination and facility late-fee rules; corrections to EOs 2020-16 and 2020-10

Governor Kristi Noem, South Dakota (State)

Dates
In force from Apr. 24, 2020 to Dec. 18, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Other
Functions reached
AP appraiser continuing education; PF industrial facilities reduced or closed (gubernatorial recital)
Grade
Primary source read
Days in this quarter
68 (in force on the last day)

Some South Dakota industrial facilities have reduced their operations or closed their facilities due to COVID-19 pandemic resulting in the failure to timely remit the facility owner or operator annual fee

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2020-19 (Apr. 24, 2020) (Ex. SD-016) Open the exhibit

Ex. SD-018
Executive Order 2020-21

Suspension of motor-vehicle, boat and manufactured-home titling, registration and seller's-permit deadlines; law-enforcement and 911 probationary periods

Governor Kristi Noem, South Dakota (State)

Dates
In force from Apr. 30, 2020 to Aug. 1, 2020
Quarters
2020 Q22020 Q3
Limitations
Courts and public offices
Functions reached
DM motor-vehicle offices closed or reduced; FI dealer titling and registration; CT county offices
Grade
Primary source read
Days in this quarter
62 (in force on the last day)

Many county courthouses have reduced operations or closed county offices impeding citizens' ability to comply with certain motor vehicle requirements requiring flexibility, relief from penalties, and causing a backlog when those offices do open... I temporarily suspend the statutory provision of SDCL 32-3-26 governing the forty-five-day requirement for applying for a certificate of title for a motor vehicle, trailer, or semitrailer... I encourage South Dakotans to use alternative methods for conducting their motor vehicle business other than in-person at a county office

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2020-21 (Apr. 30, 2020) (Ex. SD-018) Open the exhibit

Ex. SD-019
Executive Order 2020-22

Rescission of EO 2020-09; State personnel report to work as directed; out-of-state travel case by case

Governor Kristi Noem, South Dakota (State)

Dates
In force from May 2, 2020 to May 31, 2020 (issued May 1, 2020)
Quarters
2020 Q2
Limitations
Telework mandate
Functions reached
OF; CT; TR
Grade
Primary source read
Days in this quarter
30

State Government shall move towards opening their offices in coming weeks under the new normal... I do hereby rescind Executive Order 2020-09 and order all personnel of the offices of state government to report to work as directed by their Cabinet Secretary or Bureau Commissioner... All work-related, out-of-state travel may be approved on a case by case basis

Enforcement: Employment directive

Citation: Governor Kristi Noem, Executive Order 2020-22 (May 1, 2020) (Ex. SD-019) Open the exhibit

Ex. SD-020
Executive Order 2020-23

Suspension of alcoholic-beverage license non-renewal for delinquent taxes and of Deadwood gaming financial-statement deadlines

Governor Kristi Noem, South Dakota (State)

Dates
In force from May 11, 2020 to Dec. 18, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Alcohol and bars
Functions reached
BA bar licensees; AM casinos (Deadwood)
Grade
Primary source read
Days in this quarter
51 (in force on the last day)

I temporarily suspend the statutory provision of SDCL 35-2-24 governing the non-renewal of alcoholic beverage licenses for delinquent state and local taxes

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2020-23 (May 11, 2020) (Ex. SD-020) Open the exhibit

Ex. SD-021
Executive Order 2020-24

Suspension of trauma-hospital on-site inspections and funeral-establishment annual inspections

Governor Kristi Noem, South Dakota (State)

Dates
In force from May 18, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Health care orders
Functions reached
IP trauma designation; FH funeral establishments
Grade
Primary source read
Days in this quarter
44 (in force on the last day)

I temporarily suspend the regulatory provision of ARSD 44:68:02:03 governing on-site visits of Level IV and Level V trauma hospitals... I temporarily suspend the statutory provision of SDCL 36-19-31 governing the annual inspection of each funeral establishment

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2020-24 (May 18, 2020) (Ex. SD-021) Open the exhibit

Ex. SD-022
Executive Order 2020-25

Licensure of health-care and behavioral-health applicants without proof of examination (examinations delayed or cancelled)

Governor Kristi Noem, South Dakota (State)

Dates
In force from May 26, 2020 to Nov. 30, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Health care orders
Functions reached
HR credentialing of new hires (examinations cancelled)
Grade
Primary source read
Days in this quarter
36 (in force on the last day)

Strict compliance with the statutory and regulatory requirements for health care provider applicants to submit proof of completing examination requirements prior to licensure... will prevent, hinder or delay necessary actions to cope with this emergency in all counties of our state, as the exam are being delayed or cancelled

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2020-25 (May 26, 2020) (Ex. SD-022) Open the exhibit

Ex. SD-023
Executive Order 2020-26

State of Emergency continued to December 30, 2020

Governor Kristi Noem, South Dakota (State)

Dates
In force from May 26, 2020 to Dec. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Emergency declaration
Functions reached
EMER
Grade
Primary source read
Days in this quarter
36 (in force on the last day)

This emergency continues to pose a danger to the public health and safety in all of South Dakota and impacts the daily lives of our citizens, health care systems, businesses, and the function of state and local governments; and, Whereas, The CARES Act and federal law requires a State of Emergency to be in place... I do hereby declare that a State of Emergency continues to exist in all counties

Enforcement: Declaration

Citation: Governor Kristi Noem, Executive Order 2020-26 (May 26, 2020) (Ex. SD-023) Open the exhibit

Ex. SD-024
Executive Order 2020-28 (June 26, 2020); SD-025 (EO 2020-30, July 7, 2020); SD-029 (EO 2021-04, Feb. 5, 2021)

Suspension of 2020 SB 113 permit changes; driver-license exam stations closed then by appointment

Governor Kristi Noem, South Dakota (State)

Dates
In force from June 26, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public offices
Functions reached
DM driver licensing closed and backlogged; HR CDL and new-driver credentialing
Grade
Primary source read
Days in this quarter
5 (in force on the last day)

Due to the COVID-19 state of emergency, South Dakota Driver License Exam Stations were closed for a period and currently, Driver License Exam Stations are only offering services by scheduled appointment. The closure generated a backlog of individuals with expired licenses that must make appointments.

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2020-28 (June 26, 2020); SD-025 (EO 2020-30, July 7, 2020); SD-029 (EO 2021-04, Feb. 5, 2021) (Ex. SD-024) Open the exhibit

Agencies, boards and authorities: South Dakota

The Library holds no instrument of this layer in force in this quarter for this selection.

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

Federal layer

Ex. FED-029
No Sail Order; Second Modification and Extension (July 16, 2020)

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332
General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-333
General Order 72-6

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563 and F880 survey enforcement

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

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

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

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

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

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

Enforcement: same as FED-027

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

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

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-202
Proclamation 9993

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-203
Proclamation 9996

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

President Donald J. Trump, United States (Federal)

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

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

Enforcement: Sec. 3 implementation by State and DHS

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

Ex. FED-311
Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

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

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

Enforcement: court order

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

Ex. FED-367
Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

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

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

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

Enforcement: VA program guidance to participants

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

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

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

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

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

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

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

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

Ex. FED-070
Executive Order 13909

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

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

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

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

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

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

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

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

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

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

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

Enforcement: OMB directive to awarding agencies

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

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

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

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

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

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

Enforcement: order of the Court

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

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

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

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

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

Enforcement: USDA program requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: 42 U.S.C. § 271

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

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

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

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

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

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

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

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

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

ExhibitCitationDatesLimitations
Ex. FED-192The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)In force from Apr. 16, 2020 to Sept. 30, 2020Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-097CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)In force from Mar. 13, 2020 to Sept. 17, 2020Business closureGathering capHealth care orders
Ex. FED-157CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)In force from May 18, 2020 to Mar. 10, 2021Capacity limitGathering capHealth care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-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-390Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)In force from Mar. 17, 2020 to Oct. 22, 2020Business closure
Ex. FED-391U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)In force from Mar. 23, 2020 to Sept. 30, 2020Business closureCourts and public offices
Ex. FED-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-398U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-393U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)Business closure
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-088OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)In force from Mar. 9, 2020 to Jan. 29, 2021Workplace rules
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders

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

State of South Dakota

Ex. SD-072
Ordinance 20-010

An Ordinance Amending Emergency Ordinance 20-007 to Address a Public Health Crisis and to Revise Certain Measures...

Brookings City Council, Brookings, South Dakota (City)

Dates
In force from July 7, 2020 to Dec. 31, 2020
Quarters
2020 Q32020 Q4
Limitations
Capacity limitFace-covering requirementWorkplace rules
Functions reached
DR/BA; SF; SL; FC; WF
Grade
Primary source read
Days in this quarter
86 (in force on the last day)

c) Restaurants, bars, and casinos shall be limited to a maximum of ten (10) customers or a capacity of one-half of their maximum posted capacity, whichever is greater.... e) Grocery stores, retail businesses, recreation and fitness businesses shall be limited to a maximum of ten (10) customers or a capacity of one-half... j) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear a mask which covers the employee's nose and mouth.... 7. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions on public gatherings and public movements it deems necessary... 10. Enforcement: Violation of this Resolution may result in a fine, and multiple violations may result in further enforcement procedures, including legal action to close the business

Enforcement: Fine; legal action to close the business

Citation: Brookings City Council, Ordinance 20-010 (July 7, 2020) (Ex. SD-072) Open the exhibit

Ex. SD-073
Ordinance 20-017

An Ordinance Amending Ordinance 20-010 to Extend the Provisions Regarding a Public Health Crisis...

Brookings City Council, Brookings, South Dakota (City)

Dates
In force from Sept. 2, 2020 to Dec. 31, 2020
Quarters
2020 Q32020 Q4
Limitations
Capacity limitFace-covering requirementWorkplace rules
Functions reached
DR/BA; SF; SL; FC
Grade
Primary source read
Days in this quarter
29 (in force on the last day)

Ordinance 20-010 shall remain in effect for an additional period of sixty (60) days, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council.

Enforcement: As Ordinance 20-010

Citation: Brookings City Council, Ordinance 20-017 (Sept. 2, 2020) (Ex. SD-073) Open the exhibit

Ex. SD-025
Executive Order 2020-30

Rescission of EO 2020-26 and re-declaration of the State of Emergency; termination of certain suspensions; six-month extension of driver-license expirations

Governor Kristi Noem, South Dakota (State)

Dates
In force from July 7, 2020 to Dec. 30, 2020
Quarters
2020 Q32020 Q4
Limitations
Emergency declarationCourts and public offices
Functions reached
EMER; DM driver licensing backlog; CT courthouses reopened
Grade
Primary source read
Days in this quarter
86 (in force on the last day)

I hereby rescind Executive Order 2020-26.... I do hereby declare that a State of Emergency exists in all counties in the State of South Dakota... the South Dakota Department of Health, by and through the secretary, has continuing authority and oversight of measures to control and contain the spread of COVID-19... County courthouses are now open to the public... Driver License Exam Stations have reopened operations to the public by appointment only... there exists a significant backlog and limited appointments warranting an extension... Licensees, permittees, and cardholders shall comply with these statutes and renew their respective license, permit, or card on or before December 30, 2020

Enforcement: Declaration and suspension order

Citation: Governor Kristi Noem, Executive Order 2020-30 (July 7, 2020) (Ex. SD-025) Open the exhibit

Ex. SD-052
Order Regarding Court Proceedings During the Sturgis Motorcycle Rally

Presiding Judge Michael W. Day; approved by the Supreme Court August 5, 2020, Fourth Judicial Circuit (Meade and Lawrence County courthouses) (Court)

Dates
In force from Aug. 7, 2020 to Aug. 16, 2020 (issued Aug. 5, 2020)
Quarters
2020 Q3
Limitations
Face-covering requirementEvents and venuesCourts and public offices
Functions reached
CT; MASK; EVT Sturgis Rally period
Grade
Primary source read
Days in this quarter
10

All members of the public entering the judicial buildings of either the Meade County Courthouse or the Lawrence County Courthouse shall wear protective facial coverings... Only persons directly involved in court proceedings as a party, witness, or victim are allowed in the judicial building to minimize the number of people gathering and potentially spreading COVID-19. Each court session shall be available in audio form to the public by a telephonic conference system. This Order will be in effect August 7, 2020 through August 16, 2020

Enforcement: Court order

Citation: Presiding Judge Michael W. Day; approved by the Supreme Court August 5, 2020, Order Regarding Court Proceedings During the Sturgis Motorcycle Rally (Aug. 5, 2020) (Ex. SD-052) Open the exhibit

Ex. SD-074
Ordinance 20-019

An Ordinance Amending Ordinance 20-010 to Revise Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (Covid-19) in the City of Brookings (face masks)

Brookings City Council, Brookings, South Dakota (City)

Dates
In force from Sept. 8, 2020 to Oct. 27, 2020
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirementEvents and venues
Functions reached
MASK indoor businesses and public places; EV city-sanctioned events; CB; WF
Grade
Primary source read
Days in this quarter
23 (in force on the last day)

Section 2 of Ordinance 20-010 is amended to include the following Section 2(x): 2(x). Masks Required at City-Sanctioned Events.... That Ordinance 20-010 is amended to include the following Section 12: 12. Face Masks/Face Coverings Required. Within the City of Brookings, all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering... must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter.

Enforcement: As Ordinance 20-010 (fine; legal action)

Citation: Brookings City Council, Ordinance 20-019 (Sept. 8, 2020) (Ex. SD-074) Open the exhibit

Ex. SD-055
Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic Response

Order Requiring the Wearing of Face Coverings

Judge Bobbi J. Rank for the Sixth Circuit; approved by the Supreme Court September 30, 2020, Sixth Judicial Circuit (Hughes and thirteen other central counties) (Court)

Dates
In force from Sept. 27, 2020 to June 1, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT; MASK (Pierre and central counties)
Grade
Primary source read
Days in this quarter
4 (in force on the last day)

in response to a recent surge of COVID-19 cases statewide and within the Sixth Circuit. It is hereby ORDERED that all persons within any courtroom, jury room, court office, or adjacent common area in the Sixth Judicial Circuit shall wear a mask, scarf, bandana, or other cloth over the nose and mouth

Enforcement: Court order; exceptions for good cause

Citation: Judge Bobbi J. Rank for the Sixth Circuit; approved by the Supreme Court September 30, 2020, Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic Response (Sept. 27, 2020) (Ex. SD-055) Open the exhibit

Continuing in force from an earlier quarter of this report (24 instruments):

ExhibitCitationDatesLimitations
Ex. SD-044Cheyenne River Sioux Tribe (complaint filed in the U.S. District Court for the District of Columbia), Complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C. June 23, 2020), reciting Emergency Executive Orders 02.1-2020-CR (Apr. 1, 2020; checkpoints and travel plans), 02.2-2020-CR (Apr. 8, 2020; 14-day quarantines) and successors (Ex. SD-044)In force from Apr. 30, 2020 to Sept. 30, 2020 (issued June 23, 2020)Stay-at-homeBusiness closureGathering capTravel and quarantineAlcohol and barsQuarantine and isolation
Ex. SD-094Rapid City Common Council, Ordinance No. 6413 (April 2020 readoption of the March 27 closures) and the June 2020 extension of the COVID regulations to the end of July 2020 (Apr. 6, 2020) (Ex. SD-094)In force from Apr. 6, 2020 to Sept. 30, 2020Business closureCapacity limit
Ex. SD-067City of Rapid City (COVID-19 Updates page), COVID-19 Updates page, May to November 23, 2020 entries (rendered capture) (Nov. 23, 2020) (Ex. SD-067)In force from Nov. 23, 2020 to Dec. 31, 2020Capacity limitFace-covering requirementOther
Ex. SD-091Mayor Paul TenHaken, Executive Order No. 218 (Mayor) (Mar. 12, 2020) (Ex. SD-091)In force from Mar. 12, 2020 to Mar. 9, 2021Emergency declaration
Ex. SD-001Governor Kristi Noem, Executive Order 2020-04 (Mar. 13, 2020) (Ex. SD-001)In force from Mar. 13, 2020 to June 30, 2021Emergency declarationSupply chain
Ex. SD-045South Dakota Supreme Court (Gilbertson, C.J.), Order Declaring Judicial Emergency COVID-19 Disease (Mar. 13, 2020) (Ex. SD-045)In force from Mar. 13, 2020 to Sept. 8, 2021Courts and public offices
Ex. SD-046South Dakota Supreme Court (Gilbertson, C.J.), Order Suspending 180-Day Rule (23A-44-5.1) (Mar. 13, 2020) (Ex. SD-046)In force from Mar. 13, 2020 to Sept. 8, 2021Courts and public offices
Ex. SD-004Governor Kristi Noem, Executive Order 2020-07 (Mar. 23, 2020) (Ex. SD-004)In force from Mar. 23, 2020 to June 30, 2021Health care ordersSupply chain
Ex. SD-059Presiding Judge Michael W. Day, Fourth Judicial Circuit Administrative Order #2 Re: COVID-19 Pandemic Response (Mar. 23, 2020) (Ex. SD-059)In force from Mar. 23, 2020 to May 27, 2021Travel and quarantineCourts and public officesQuarantine and isolation
Ex. SD-007Governor Kristi Noem, Executive Order 2020-10 (Mar. 26, 2020) (Ex. SD-007)In force from Mar. 26, 2020 to July 7, 2020Schools and child careOther
Ex. SD-034South Dakota Legislature; signed by the Governor, 2020 Senate Bill 188 (enrolled), amending SDCL 13-26-1 (Mar. 30, 2020) (Ex. SD-034)In force from Mar. 30, 2020 to July 1, 2021Schools and child care
Ex. SD-036South Dakota Legislature; signed by the Governor, 2020 Senate Bill 190 (enrolled) (Mar. 30, 2020) (Ex. SD-036)In force from Mar. 30, 2020 to July 1, 2021Courts and public offices
Ex. SD-008Governor Kristi Noem, Executive Order 2020-11 (Apr. 2, 2020) (Ex. SD-008)In force from Apr. 2, 2020 to Sept. 30, 2021Emergency declaration
Ex. SD-011Governor Kristi Noem, Executive Order 2020-14 (Apr. 7, 2020) (Ex. SD-011)In force from Apr. 7, 2020 to June 30, 2021Courts and public officesOther
Ex. SD-013Governor Kristi Noem, Executive Order 2020-16 (Apr. 15, 2020) (Ex. SD-013)In force from Apr. 15, 2020 to June 30, 2021Schools and child careHealth care orders
Ex. SD-048Presiding Judge Robin J. Houwman; approved by the Supreme Court (Gilbertson, C.J.) April 14, 2020, Amended Standing Order CIV 20-4 Regarding Declaration of Public Health Emergency in Minnehaha County (Apr. 14, 2020) (Ex. SD-048)In force from Apr. 15, 2020 to Sept. 30, 2020 (issued Apr. 14, 2020)Face-covering requirementCourts and public offices
Ex. SD-014Governor Kristi Noem, Executive Order 2020-17 (Apr. 20, 2020) (Ex. SD-014)In force from Apr. 20, 2020 to Dec. 18, 2020Supply chain
Ex. SD-016Governor Kristi Noem, Executive Order 2020-19 (Apr. 24, 2020) (Ex. SD-016)In force from Apr. 24, 2020 to Dec. 18, 2020Other
Ex. SD-018Governor Kristi Noem, Executive Order 2020-21 (Apr. 30, 2020) (Ex. SD-018)In force from Apr. 30, 2020 to Aug. 1, 2020Courts and public offices
Ex. SD-020Governor Kristi Noem, Executive Order 2020-23 (May 11, 2020) (Ex. SD-020)In force from May 11, 2020 to Dec. 18, 2020Alcohol and bars
Ex. SD-021Governor Kristi Noem, Executive Order 2020-24 (May 18, 2020) (Ex. SD-021)In force from May 18, 2020 to June 30, 2021Health care orders
Ex. SD-022Governor Kristi Noem, Executive Order 2020-25 (May 26, 2020) (Ex. SD-022)In force from May 26, 2020 to Nov. 30, 2020Health care orders
Ex. SD-023Governor Kristi Noem, Executive Order 2020-26 (May 26, 2020) (Ex. SD-023)In force from May 26, 2020 to Dec. 30, 2020Emergency declaration
Ex. SD-024Governor Kristi Noem, Executive Order 2020-28 (June 26, 2020); SD-025 (EO 2020-30, July 7, 2020); SD-029 (EO 2021-04, Feb. 5, 2021) (Ex. SD-024)In force from June 26, 2020 to June 30, 2021Courts and public offices

Agencies, boards and authorities: South Dakota

The Library holds no instrument of this layer in force in this quarter for this selection.

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

Federal layer

Ex. FED-031
CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

Ex. FED-303
Standing Order 20-17

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

Enforcement: OMB directive to contracting officers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

ExhibitCitationDatesLimitations
Ex. FED-157CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)In force from May 18, 2020 to Mar. 10, 2021Capacity limitGathering capHealth care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-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-390Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)In force from Mar. 17, 2020 to Oct. 22, 2020Business closure
Ex. FED-398U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-154CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)In force from Sept. 17, 2020 to Mar. 10, 2021Gathering capHealth care orders
Ex. FED-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-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-088OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)In force from Mar. 9, 2020 to Jan. 29, 2021Workplace rules
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-006President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)In force from Mar. 13, 2020 to May 11, 2023Emergency declaration
Ex. FED-202President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)Travel and quarantine
Ex. FED-203President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)Travel and quarantine
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-367Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)In force from Mar. 16, 2020 to Apr. 1, 2021Other
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-265Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)In force from Mar. 19, 2020 to Dec. 31, 2020Other
Ex. FED-292Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)In force from Mar. 19, 2020 to July 19, 2021Courts and public offices
Ex. FED-381U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)In force from Mar. 19, 2020 to Dec. 31, 2020Other
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-039Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)In force from Mar. 20, 2020 to Oct. 13, 2020Travel and quarantine
Ex. FED-132President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)In force from Mar. 20, 2020 to May 11, 2023Emergency declaration

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

State of South Dakota

Ex. SD-076
Current COVID-19 Phase Quick Guide (Phasing Plan)

Current COVID-19 Phase Quick Guide

City of Brookings, Brookings, South Dakota (City)

Dates
In force from Oct. 27, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Stay-at-homeBusiness closureCapacity limit
Functions reached
CAP phases; OF work from home by phase
Grade
Primary source read
Days in this quarter
66 (in force on the last day)

PHASE 1/SEVERE: Stay at Home Ordinance: 20-006... Essential business/organization operations only. Non-Essential work from home required. PHASE 2/HIGH: Ordinance: 20-005... Bars, restaurants, salons, indoor entertainment facilities, etc. closed to public. PHASE 3/MODERATE: Ordinance: 20-010... 50% occupancy. Work from home suggested. PHASE 4/NEW NORMAL: No Current Ordinance... 100% occupancy.

Enforcement: Explanatory

Citation: City of Brookings, Current COVID-19 Phase Quick Guide (Phasing Plan) (Oct. 27, 2020) (Ex. SD-076) Open the exhibit

Ex. SD-049
Standing Order Regarding COVID-19 Courthouse Security Measures, CIV. 20-4 (October 20, 2020)

Standing Order Regarding COVID-19 Courthouse Security Measures

Presiding Judge Robin J. Houwman, Second Judicial Circuit (Minnehaha and Lincoln Counties) (Court)

Dates
In force from Oct. 20, 2020 to Apr. 6, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Capacity limitFace-covering requirementCourts and public officesQuarantine and isolation
Functions reached
CT courthouse masks and half occupancy; MASK; CAP courtrooms half occupancy
Grade
Primary source read
Days in this quarter
73 (in force on the last day)

1. All persons entering the Minnehaha County Courthouse or the Courthouse portion of the Lincoln County Administration Building (the Courthouses) shall wear protective facial coverings such as a mask, scarf, bandana or other cloth which covers the nose and mouth... 2. No one, including the public, parties to litigation, attorneys, defendants, and employees shall enter the Courthouses if they fall into any of the categories below: a. Persons who have been directed to self-quarantine... c. Persons with a pending COVID-19 test... 9. Courtrooms shall be limited to one-half the posted occupancy.

Enforcement: Court Security Officers may question and deny entry

Citation: Presiding Judge Robin J. Houwman, Standing Order Regarding COVID-19 Courthouse Security Measures, CIV. 20-4 (October 20, 2020) (Oct. 20, 2020) (Ex. SD-049) Open the exhibit

Ex. SD-075
Ordinance 20-028

An Emergency Ordinance Amending Emergency Ordinance 20-010, as previously amended, to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis...

Brookings City Council, Brookings, South Dakota (City)

Dates
In force from Oct. 27, 2020 to Dec. 15, 2020
Quarters
2020 Q4
Limitations
Capacity limitFace-covering requirementWorkplace rules
Functions reached
DR/BA; SF; SL; FC; MASK; EV
Grade
Primary source read
Days in this quarter
50

Whereas, it is important that control measures, including requiring face masks in indoor places, continue to be taken... Restaurants, bars, and casinos shall be limited to a maximum of ten (10) customers or a capacity of one-half of their maximum posted capacity, whichever is greater.... Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear a mask... Masks required at city-sanctioned events.... The provisions of Resolution 20-076 are incorporated herein, and provide as follows: 3. All persons in the city shall cover their mouth and nose with a mask or other face covering [in the listed settings]... 5. The following individuals are exempt from wearing masks or other face coverings

Enforcement: Violation of the ordinance; fine; legal action to close

Citation: Brookings City Council, Ordinance 20-028 (Oct. 27, 2020) (Ex. SD-075) Open the exhibit

Ex. SD-077
Ordinance 20-029 (marked version)

An Emergency Ordinance Amending Emergency Ordinance 20-028 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis...

Brookings City Council, Brookings, South Dakota (City)

Dates
In force from Dec. 15, 2020 to Feb. 9, 2021
Quarters
2020 Q42021 Q1
Limitations
Capacity limitFace-covering requirementWorkplace rules
Functions reached
DR/BA; SF; SL; MASK
Grade
Primary source read
Days in this quarter
17 (in force on the last day)

Whereas, it is important that control measures, including requiring face masks in indoor places, continue to be taken... the City Council believes the occupancy, social distancing and face covering restrictions should be continued

Enforcement: Violation of the ordinance

Citation: Brookings City Council, Ordinance 20-029 (marked version) (Dec. 15, 2020) (Ex. SD-077) Open the exhibit

Ex. SD-051
Order Requiring the Wearing of Face Coverings as Part of Covid-19 Pandemic Response

Order Requiring the Wearing of Face Coverings

Presiding Judge Michael W. Day; approved by the Supreme Court October 8, 2020, Fourth Judicial Circuit (Court)

Dates
In force from Oct. 8, 2020 to June 1, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT; MASK
Grade
Primary source read
Days in this quarter
85 (in force on the last day)

ORDERED that all persons within any courtroom, jury room, court office, or adjacent common area in the Fourth Judicial Circuit shall wear a mask, scarf, bandana, or other cloth over the nose and mouth

Enforcement: Court order; judge may grant exceptions for good cause

Citation: Presiding Judge Michael W. Day; approved by the Supreme Court October 8, 2020, Order Requiring the Wearing of Face Coverings as Part of Covid-19 Pandemic Response (Oct. 8, 2020) (Ex. SD-051) Open the exhibit

Ex. SD-058
Administrative Order #6 Re: COVID-19 Pandemic Response Requiring Face Coverings, Civ. 20-1

Administrative Order #6 Requiring Face Coverings

Presiding Judge Cheryle Gering; approved by the Supreme Court October 20, 2020, First Judicial Circuit (Court)

Dates
In force from Oct. 19, 2020 to Sept. 8, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT; MASK
Grade
Primary source read
Days in this quarter
74 (in force on the last day)

IT IS ORDERED that in the First Judicial Circuit, all persons present in any courtroom, all persons going into any court services' office, and all persons visiting a clerk of courts' office, as well as all persons in the adjacent public areas outside of the courtroom or court offices, shall wear a mask, face shield, or other cloth or plastic covering over their nose and mouth

Enforcement: Court order; exceptions for good cause

Citation: Presiding Judge Cheryle Gering; approved by the Supreme Court October 20, 2020, Administrative Order #6 Re: COVID-19 Pandemic Response Requiring Face Coverings, Civ. 20-1 (Oct. 19, 2020) (Ex. SD-058) Open the exhibit

Ex. SD-053
Order Regarding Moratorium on Jury Trials

Presiding Judge Craig A. Pfeifle; approved by the Supreme Court November 16, 2020, Seventh Judicial Circuit (Pennington, Custer, Fall River, Oglala Lakota Counties) (Court)

Dates
In force from Nov. 13, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Courts and public offices
Functions reached
CT Rapid City jury trials suspended
Grade
Primary source read
Days in this quarter
49 (in force on the last day)

The Court hereby ORDERS a moratorium on jury trials through December 31, 2020. This Order supersedes the Order on Jury Trials in Pennington County, and applies to all counties in the 7th Circuit. Exceptions to this jury trial moratorium may be granted by an individual judge within this circuit for good cause

Enforcement: Court order

Citation: Presiding Judge Craig A. Pfeifle; approved by the Supreme Court November 16, 2020, Order Regarding Moratorium on Jury Trials (Nov. 13, 2020) (Ex. SD-053) Open the exhibit

Ex. SD-050
Order Regarding Moratorium on Jury Trials as Part of Covid-19 Pandemic Response

Order Regarding Moratorium on Jury Trials

Presiding Judge Michael W. Day; approved by the Supreme Court November 17, 2020, Fourth Judicial Circuit (Butte, Corson, Dewey, Harding, Lawrence, Meade, Perkins, Ziebach Counties) (Court)

Dates
In force from Nov. 16, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Courts and public offices
Functions reached
CT civil and criminal jury trials suspended (Black Hills counties other than Pennington)
Grade
Primary source read
Days in this quarter
46 (in force on the last day)

in response to a recent surge of COVID-19 cases statewide and within the Fourth Circuit. It is hereby ORDERED that the moratorium on jury trials is extended through December 31, 2020, except as follows. Any judge may schedule and conduct a jury trial involving an in-custody criminal defendant if that judge concludes that the trial may be conducted in a manner consistent with the then-existing Centers for Disease Control guidelines

Enforcement: Court order

Citation: Presiding Judge Michael W. Day; approved by the Supreme Court November 17, 2020, Order Regarding Moratorium on Jury Trials as Part of Covid-19 Pandemic Response (Nov. 16, 2020) (Ex. SD-050) Open the exhibit

Ex. SD-061
Sioux Falls COVID-19 Response page (rendered)

Sioux Falls COVID-19 Response: Face Covering Ordinance; One Sioux Falls COVID Action Plan

City of Sioux Falls (siouxfalls.org/covid19, as captured December 29, 2020), Sioux Falls, South Dakota (City)

Dates
In force from Nov. 21, 2020 to Dec. 31, 2020 (issued Dec. 29, 2020)
Quarters
2020 Q4
Limitations
Face-covering requirement
Functions reached
MASK indoor retail; CB
Grade
Primary source read
Days in this quarter
41 (in force on the last day)

Face Covering Ordinance: The City of Sioux Falls passed a face covering ordinance in effect as of Nov. 21, 2020. Face Covering Ordinance 114-20... One Sioux Falls COVID Action Plan: The City of Sioux Falls passed the One Sioux Falls COVID Action Plan. One Sioux Falls COVID Action Plan - Resolution 147-20

Enforcement: Describes Ordinance 114-20

Citation: City of Sioux Falls (siouxfalls.org/covid19, as captured December 29, 2020), Sioux Falls COVID-19 Response page (rendered) (Dec. 29, 2020) (Ex. SD-061) Open the exhibit

Ex. SD-062
Face Covering Ordinance 114-20: Frequently Asked Questions (rendered)

What You Need to Know About the Face Covering Ordinance

City of Sioux Falls (Face Covering Ordinance FAQ page, captured January 28, 2021), Sioux Falls, South Dakota (City)

Dates
In force from Nov. 21, 2020 to Mar. 13, 2021 (issued Nov. 17, 2020)
Quarters
2020 Q42021 Q1
Limitations
Face-covering requirement
Functions reached
SF sales floor masks; DR/BA; FC; CB customers; WF employees
Grade
Confirmed from a secondary source
Days in this quarter
41 (in force on the last day)

The Sioux Falls City Council passed an ordinance on November 17, 2020 requiring individuals to wear a face covering in indoor retail businesses and city-owned facilities... This ordinance is effective through March 13, 2021... Within the City of Sioux Falls, individuals must wear a face covering in an indoor retail business and city-owned facilities where they cannot maintain 6-foot social distancing. An 'indoor retail business' is defined as an enclosed business operating as the following: bar, restaurant, brewery, cafe, casino, coffee shop, recreational or athletic facility, health club, grocery store, market, retail store, hardware store, sporting goods store, convenience store, home improvement store, pharmacy, drug store, food pantry, vehicle for hire, transportation networking company (TNC) vehicle, theater, or entertainment venue.

Enforcement: Not stated on the page (the ordinance's penalty clause was not read)

Citation: City of Sioux Falls (Face Covering Ordinance FAQ page, captured January 28, 2021), Face Covering Ordinance 114-20: Frequently Asked Questions (rendered) (Nov. 17, 2020) (Ex. SD-062) Open the exhibit

Ex. SD-092
Face Covering Ordinance 114-20

Face Covering Ordinance

Sioux Falls City Council, Sioux Falls, South Dakota (City)

Dates
In force from Nov. 21, 2020 to Mar. 13, 2021 (issued Nov. 17, 2020)
Quarters
2020 Q42021 Q1
Limitations
Face-covering requirement
Functions reached
SF; DR/BA; FC; CB; WF
Grade
Confirmed from a secondary source
Days in this quarter
41 (in force on the last day)

[City's description, SD-062:] individuals must wear a face covering in an indoor retail business and city-owned facilities where they cannot maintain 6-foot social distancing

Enforcement: Not verified

Citation: Sioux Falls City Council, Face Covering Ordinance 114-20 (Nov. 17, 2020) (Ex. SD-092)

Ex. SD-026
Executive Order 2020-33

Suspension of physical-meeting requirements for cooperatives, electric cooperatives and nonprofits; school evaluation, accreditation and drill rules

Governor Kristi Noem, South Dakota (State)

Dates
In force from Dec. 9, 2020 to June 30, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Schools and child careOther
Functions reached
EV member meetings moved online; OP nonprofit governance
Grade
Primary source read
Days in this quarter
23 (in force on the last day)

Due to the COVID-19 state of emergency, many entities, including non-profits, electric cooperatives, and cooperatives, may not be able to hold their meetings in the manner required by law... I temporarily suspend the portion of the following statutory provisions to allow meetings by electronic means: SDCL 47-23-3... SDCL 47-23-9 requiring in person voting and physical presence at a meeting

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2020-33 (Dec. 9, 2020) (Ex. SD-026) Open the exhibit

Ex. SD-054
Second Order Regarding Moratorium on Jury Trials

Order Regarding Moratorium on Jury Trials (extension)

Presiding Judge Craig A. Pfeifle; approved by the Supreme Court December 17, 2020, Seventh Judicial Circuit (Court)

Dates
In force from Dec. 16, 2020 to Feb. 28, 2021
Quarters
2020 Q42021 Q1
Limitations
Courts and public offices
Functions reached
CT
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

The Court hereby ORDERS the moratorium on jury trials shall be extended through February 28, 2021. This Order supersedes the Order on Jury Trials in Pennington County, and applies to all counties in the 7th Circuit.

Enforcement: Court order

Citation: Presiding Judge Craig A. Pfeifle; approved by the Supreme Court December 17, 2020, Second Order Regarding Moratorium on Jury Trials (Dec. 16, 2020) (Ex. SD-054) Open the exhibit

Ex. SD-027
Executive Order 2020-34

State of Emergency continued from December 31, 2020 to June 30, 2021; ten suspension orders extended; child-care staff-training rules suspended

Governor Kristi Noem, South Dakota (State)

Dates
In force from Dec. 31, 2020 to June 30, 2021 (issued Dec. 18, 2020)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Emergency declarationSchools and child care
Functions reached
EMER; EC child-care workforce absences under quarantine; WF quarantine and isolation requirements
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

I do hereby declare that a State of Emergency continues to exist in all counties in the State of South Dakota... the South Dakota Department of Health, by and through the secretary, has continuing authority and oversight of measures to control and contain the spread of COVID-19... I hereby extend these 10 Executive Orders related to the suspension of statutes and administrative rules due to the COVID-19 emergency for the duration of the emergency... Strict compliance with the regulatory requirements for annual training of family daycare and child care program staff will prevent, hinder, or delay necessary actions... because staff members have been periodically absent from work due to quarantine or isolation requirements for close contacts or positive cases... This Executive Order shall be in effect at 12:01 a.m. on December 31, 2020 and shall continue until expiration on June 30, 2021

Enforcement: Declaration and suspension order

Citation: Governor Kristi Noem, Executive Order 2020-34 (Dec. 18, 2020) (Ex. SD-027) Open the exhibit

Continuing in force from an earlier quarter of this report (24 instruments):

ExhibitCitationDatesLimitations
Ex. SD-072Brookings City Council, Ordinance 20-010 (July 7, 2020) (Ex. SD-072)In force from July 7, 2020 to Dec. 31, 2020Capacity limitFace-covering requirementWorkplace rules
Ex. SD-073Brookings City Council, Ordinance 20-017 (Sept. 2, 2020) (Ex. SD-073)In force from Sept. 2, 2020 to Dec. 31, 2020Capacity limitFace-covering requirementWorkplace rules
Ex. SD-067City of Rapid City (COVID-19 Updates page), COVID-19 Updates page, May to November 23, 2020 entries (rendered capture) (Nov. 23, 2020) (Ex. SD-067)In force from Nov. 23, 2020 to Dec. 31, 2020Capacity limitFace-covering requirementOther
Ex. SD-091Mayor Paul TenHaken, Executive Order No. 218 (Mayor) (Mar. 12, 2020) (Ex. SD-091)In force from Mar. 12, 2020 to Mar. 9, 2021Emergency declaration
Ex. SD-001Governor Kristi Noem, Executive Order 2020-04 (Mar. 13, 2020) (Ex. SD-001)In force from Mar. 13, 2020 to June 30, 2021Emergency declarationSupply chain
Ex. SD-045South Dakota Supreme Court (Gilbertson, C.J.), Order Declaring Judicial Emergency COVID-19 Disease (Mar. 13, 2020) (Ex. SD-045)In force from Mar. 13, 2020 to Sept. 8, 2021Courts and public offices
Ex. SD-046South Dakota Supreme Court (Gilbertson, C.J.), Order Suspending 180-Day Rule (23A-44-5.1) (Mar. 13, 2020) (Ex. SD-046)In force from Mar. 13, 2020 to Sept. 8, 2021Courts and public offices
Ex. SD-004Governor Kristi Noem, Executive Order 2020-07 (Mar. 23, 2020) (Ex. SD-004)In force from Mar. 23, 2020 to June 30, 2021Health care ordersSupply chain
Ex. SD-059Presiding Judge Michael W. Day, Fourth Judicial Circuit Administrative Order #2 Re: COVID-19 Pandemic Response (Mar. 23, 2020) (Ex. SD-059)In force from Mar. 23, 2020 to May 27, 2021Travel and quarantineCourts and public officesQuarantine and isolation
Ex. SD-007Governor Kristi Noem, Executive Order 2020-10 (Mar. 26, 2020) (Ex. SD-007)In force from Mar. 26, 2020 to July 7, 2020Schools and child careOther
Ex. SD-034South Dakota Legislature; signed by the Governor, 2020 Senate Bill 188 (enrolled), amending SDCL 13-26-1 (Mar. 30, 2020) (Ex. SD-034)In force from Mar. 30, 2020 to July 1, 2021Schools and child care
Ex. SD-036South Dakota Legislature; signed by the Governor, 2020 Senate Bill 190 (enrolled) (Mar. 30, 2020) (Ex. SD-036)In force from Mar. 30, 2020 to July 1, 2021Courts and public offices
Ex. SD-008Governor Kristi Noem, Executive Order 2020-11 (Apr. 2, 2020) (Ex. SD-008)In force from Apr. 2, 2020 to Sept. 30, 2021Emergency declaration
Ex. SD-011Governor Kristi Noem, Executive Order 2020-14 (Apr. 7, 2020) (Ex. SD-011)In force from Apr. 7, 2020 to June 30, 2021Courts and public officesOther
Ex. SD-013Governor Kristi Noem, Executive Order 2020-16 (Apr. 15, 2020) (Ex. SD-013)In force from Apr. 15, 2020 to June 30, 2021Schools and child careHealth care orders
Ex. SD-014Governor Kristi Noem, Executive Order 2020-17 (Apr. 20, 2020) (Ex. SD-014)In force from Apr. 20, 2020 to Dec. 18, 2020Supply chain
Ex. SD-016Governor Kristi Noem, Executive Order 2020-19 (Apr. 24, 2020) (Ex. SD-016)In force from Apr. 24, 2020 to Dec. 18, 2020Other
Ex. SD-020Governor Kristi Noem, Executive Order 2020-23 (May 11, 2020) (Ex. SD-020)In force from May 11, 2020 to Dec. 18, 2020Alcohol and bars
Ex. SD-021Governor Kristi Noem, Executive Order 2020-24 (May 18, 2020) (Ex. SD-021)In force from May 18, 2020 to June 30, 2021Health care orders
Ex. SD-022Governor Kristi Noem, Executive Order 2020-25 (May 26, 2020) (Ex. SD-022)In force from May 26, 2020 to Nov. 30, 2020Health care orders
Ex. SD-024Governor Kristi Noem, Executive Order 2020-28 (June 26, 2020); SD-025 (EO 2020-30, July 7, 2020); SD-029 (EO 2021-04, Feb. 5, 2021) (Ex. SD-024)In force from June 26, 2020 to June 30, 2021Courts and public offices
Ex. SD-025Governor Kristi Noem, Executive Order 2020-30 (July 7, 2020) (Ex. SD-025)In force from July 7, 2020 to Dec. 30, 2020Emergency declarationCourts and public offices
Ex. SD-074Brookings City Council, Ordinance 20-019 (Sept. 8, 2020) (Ex. SD-074)In force from Sept. 8, 2020 to Oct. 27, 2020Face-covering requirementEvents and venues
Ex. SD-055Judge Bobbi J. Rank for the Sixth Circuit; approved by the Supreme Court September 30, 2020, Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic Response (Sept. 27, 2020) (Ex. SD-055)In force from Sept. 27, 2020 to June 1, 2021Face-covering requirementCourts and public offices

Agencies, boards and authorities: South Dakota

The Library holds no instrument of this layer in force in this quarter for this selection.

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

Federal layer

Ex. FED-060
Executive Order 13991

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

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

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

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

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

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

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563

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

Ex. FED-305
Standing Order 21-02

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

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

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

WHEREAS, in response to the continuing pandemic, on January 19, 2021, the Governor [of New Jersey extended the public health emergency]...; [the Court] remains in Phase Three of its Recovery Guidelines, mandating the wearing of face coverings,... [the suspension of in-person proceedings] remains in effect until March 17, 2021,... [the Court] found it necessary to continue all civil and criminal jury selections and jury trials to March 12, [2021]...

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305) Open the exhibit

Ex. FED-008
Memorandum of February 2, 2021

Maximizing Assistance From the Federal Emergency Management Agency To Respond to COVID-19, 86 Fed. Reg. 8281 (Feb. 5, 2021)

President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), United States (Federal)

Dates
In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
90 (the whole quarter)

FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B, pursuant to sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the Stafford Act... performed from January 21, 2021, through September 30, 2021. (b) FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B... performed from January 20, 2020, through January 20, 2021.

Enforcement: Funding directive

Citation: President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008) Open the exhibit

Ex. FED-071
Executive Order 13910

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

President Donald J. Trump, United States (Federal)

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

Sec. 2. Delegation of Authority to Prevent Hoarding. (a) The Secretary is delegated the following: (i) the authority of the President conferred by section 102 of the Act to prevent hoarding of health and medical resources necessary to respond to the spread of COVID-19 within the United States, including the authority to prescribe conditions with respect to the accumulation of such resources, and to designate any material as a scarce material, or as a material the supply of which would be threatened by persons accumulating the material either in excess of reasonable demands of business, personal, or home consumption, or for the purpose of resale at prices in excess of prevailing market prices

Enforcement: DPA § 103 criminal penalties (50 U.S.C. § 4513); Department of Justice COVID-19 Hoarding and Price Gouging Task Force

Citation: President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071) Open the exhibit

Ex. FED-099
CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-20-ALL, Prioritization of Survey Activities

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

Dates
In force from Mar. 23, 2020 to May 1, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersCourts and public offices
Functions reached
CT/HR licensure, certification and survey functions of every certified provider (initial certifications, changes of ownership and revisits delayed); IC (focused infection control surveys imposed)
Grade
Primary source read
Days in this quarter
90 (the whole quarter)

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

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

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

Ex. FED-115
FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)

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

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

Dates
In force from Mar. 23, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
90 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115) Open the exhibit

Continuing in force from an earlier quarter of this report (31 instruments):

ExhibitCitationDatesLimitations
Ex. FED-157CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)In force from May 18, 2020 to Mar. 10, 2021Capacity limitGathering capHealth care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-398U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-154CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)In force from Sept. 17, 2020 to Mar. 10, 2021Gathering capHealth care orders
Ex. FED-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-339Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)In force from Nov. 13, 2020 to Jan. 12, 2021Gathering capCourts and public offices
Ex. FED-303Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)In force from Nov. 25, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-006President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)In force from Mar. 13, 2020 to May 11, 2023Emergency declaration
Ex. FED-202President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)Travel and quarantine
Ex. FED-203President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)Travel and quarantine
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-367Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)In force from Mar. 16, 2020 to Apr. 1, 2021Other
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-292Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)In force from Mar. 19, 2020 to July 19, 2021Courts and public offices
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-132President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)In force from Mar. 20, 2020 to May 11, 2023Emergency declaration
Ex. FED-104President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-147President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration

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

State of South Dakota

Ex. SD-078
Ordinance 21-001

An Emergency Ordinance Amending Emergency Ordinance 20-029 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis...

Brookings City Council, Brookings, South Dakota (City)

Dates
In force from Feb. 9, 2021 to Mar. 23, 2021
Quarters
2021 Q1
Limitations
Capacity limitFace-covering requirementWorkplace rules
Functions reached
DR/BA half capacity; SF half capacity; CL health-care settings masks; TR transit masks; EV events; WF
Grade
Primary source read
Days in this quarter
43

Restaurants, bars, and casinos shall be limited to a maximum capacity of one-half (1/2) of their maximum posted capacity. Capacity must be posted at the front of the business.... Grocery stores, retail businesses, recreation and fitness businesses shall be limited to a maximum capacity of one-half (1/2) of their maximum posted capacity.... Restaurant and bar... staff and employees must wear masks which cover the employee's nose and mouth.... Masks are required at city-sanctioned events.... Masks are required when obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank... Masks are required while riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle.

Enforcement: Violation of the ordinance

Citation: Brookings City Council, Ordinance 21-001 (Feb. 9, 2021) (Ex. SD-078) Open the exhibit

Ex. SD-028
Executive Order 2021-01

Suspension of quarterly-meeting requirement for local emergency planning committees

Governor Kristi Noem, South Dakota (State)

Dates
In force from Jan. 7, 2021 to June 30, 2021
Quarters
2021 Q12021 Q2
Limitations
Other
Functions reached
CT local public bodies
Grade
Primary source read
Days in this quarter
84 (in force on the last day)

Many entities, including local governmental bodies, were unable to hold meetings via electronic media and were unable to safely hold in-person meetings

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2021-01 (Jan. 7, 2021) (Ex. SD-028) Open the exhibit

Ex. SD-043
COVID-19 Response: orders currently approved (index, January 2021 version)

COVID-19 Response

South Dakota Unified Judicial System, South Dakota (Court)

Dates
In force from Jan. 10, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT courts
Grade
Primary source read
Days in this quarter
81 (in force on the last day)

A copy of the orders currently approved is included below:... 2nd Circuit Standing Order Regarding Facial Coverings... 2nd Circuit Standing Order Regarding Declaration of Public Health Emergency... 4th Circuit Administrative Order Requiring Wearing Of Face Coverings; 4th Circuit Administrative Order Regarding Moratorium On Jury Trials... 6th Circuit Order Requiring The Wearing Of Face Coverings

Enforcement: Index of court orders

Citation: South Dakota Unified Judicial System, COVID-19 Response: orders currently approved (index, January 2021 version) (Jan. 10, 2021) (Ex. SD-043) Open the exhibit

Ex. SD-029
Executive Order 2021-04

180-day grace period for licenses lapsed during the station closures; dentists authorized to administer COVID-19 vaccines

Governor Kristi Noem, South Dakota (State)

Dates
In force from Feb. 5, 2021 to June 30, 2021
Quarters
2021 Q12021 Q2
Limitations
Health care ordersCourts and public offices
Functions reached
DM driver licensing; HR credential lapses; CH dentists at vaccination sites
Grade
Primary source read
Days in this quarter
55 (in force on the last day)

South Dakota Driver License Exam Stations statewide were closed for a period of time... nearly 19,000 individuals have failed to renew their license, permit, or card that expired from March 13, 2020 through December 30, 2020... I temporarily suspend the statutory provisions of SDCL 36-6A-32.3 and SDCL 36-6A-31(3)... only to the extent to allow a dentist with experience in giving injections to administer vaccines for COVID-19

Enforcement: Suspension order

Citation: Governor Kristi Noem, Executive Order 2021-04 (Feb. 5, 2021) (Ex. SD-029) Open the exhibit

Ex. SD-041
Resolution No. 31-21, One Sioux Falls COVID-19 Action Plan

A Resolution... Outlining the Expectations for the People of Sioux Falls to Take Action to Reduce Transmission of the Virus that Causes COVID-19

Sioux Falls City Council, Sioux Falls, South Dakota (City)

Dates
In force from Mar. 13, 2021 to Sept. 30, 2021 (issued Mar. 9, 2021)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Face-covering requirementOther
Functions reached
CB (recommendations); MASK recommended
Grade
Primary source read
Days in this quarter
19 (in force on the last day)

on December 18, 2020, the Governor issued Executive Order 2020-34 declaring that a State of Emergency continues to exist in all counties in the State of South Dakota, which Executive Order remains in effect until June 30, 2021... Section 1: Masks are strongly encouraged to be worn in settings where at least six feet of physical distancing cannot be maintained from others who are not a member of one's household.... Section 5: Individuals are encouraged to abide by the requirements of businesses and organizations that have joined the 'Safer Sioux Falls' pledge

Enforcement: Recommendations (no penalty)

Citation: Sioux Falls City Council, Resolution No. 31-21, One Sioux Falls COVID-19 Action Plan (Mar. 9, 2021) (Ex. SD-041) Open the exhibit

Ex. SD-079
Ordinance 21-013

An Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend Certain Provisions to Address a Public Health Crisis...

Brookings City Council, Brookings, South Dakota (City)

Dates
In force from Mar. 23, 2021 to Apr. 27, 2021
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementEvents and venuesWorkplace rules
Functions reached
WF staff masks in restaurants, bars and salons; EV events; SL
Grade
Primary source read
Days in this quarter
9 (in force on the last day)

Recommend a minimum six-foot distance between any tables.... Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. Staff and employees of hair salons, nail and tanning salons, spas and barber shops must wear masks which cover their nose and mouth during customer contact times.... Masks are required at city-sanctioned events.... Any person, business entity, owner, or supervising manager of any business that is not in compliance with these regulations... shall be in violation of this Ordinance.

Enforcement: Violation of the ordinance

Citation: Brookings City Council, Ordinance 21-013 (Mar. 23, 2021) (Ex. SD-079) Open the exhibit

Continuing in force from an earlier quarter of this report (25 instruments):

ExhibitCitationDatesLimitations
Ex. SD-049Presiding Judge Robin J. Houwman, Standing Order Regarding COVID-19 Courthouse Security Measures, CIV. 20-4 (October 20, 2020) (Oct. 20, 2020) (Ex. SD-049)In force from Oct. 20, 2020 to Apr. 6, 2021Capacity limitFace-covering requirementCourts and public officesQuarantine and isolation
Ex. SD-077Brookings City Council, Ordinance 20-029 (marked version) (Dec. 15, 2020) (Ex. SD-077)In force from Dec. 15, 2020 to Feb. 9, 2021Capacity limitFace-covering requirementWorkplace rules
Ex. SD-091Mayor Paul TenHaken, Executive Order No. 218 (Mayor) (Mar. 12, 2020) (Ex. SD-091)In force from Mar. 12, 2020 to Mar. 9, 2021Emergency declaration
Ex. SD-001Governor Kristi Noem, Executive Order 2020-04 (Mar. 13, 2020) (Ex. SD-001)In force from Mar. 13, 2020 to June 30, 2021Emergency declarationSupply chain
Ex. SD-045South Dakota Supreme Court (Gilbertson, C.J.), Order Declaring Judicial Emergency COVID-19 Disease (Mar. 13, 2020) (Ex. SD-045)In force from Mar. 13, 2020 to Sept. 8, 2021Courts and public offices
Ex. SD-046South Dakota Supreme Court (Gilbertson, C.J.), Order Suspending 180-Day Rule (23A-44-5.1) (Mar. 13, 2020) (Ex. SD-046)In force from Mar. 13, 2020 to Sept. 8, 2021Courts and public offices
Ex. SD-004Governor Kristi Noem, Executive Order 2020-07 (Mar. 23, 2020) (Ex. SD-004)In force from Mar. 23, 2020 to June 30, 2021Health care ordersSupply chain
Ex. SD-059Presiding Judge Michael W. Day, Fourth Judicial Circuit Administrative Order #2 Re: COVID-19 Pandemic Response (Mar. 23, 2020) (Ex. SD-059)In force from Mar. 23, 2020 to May 27, 2021Travel and quarantineCourts and public officesQuarantine and isolation
Ex. SD-007Governor Kristi Noem, Executive Order 2020-10 (Mar. 26, 2020) (Ex. SD-007)In force from Mar. 26, 2020 to July 7, 2020Schools and child careOther
Ex. SD-034South Dakota Legislature; signed by the Governor, 2020 Senate Bill 188 (enrolled), amending SDCL 13-26-1 (Mar. 30, 2020) (Ex. SD-034)In force from Mar. 30, 2020 to July 1, 2021Schools and child care
Ex. SD-036South Dakota Legislature; signed by the Governor, 2020 Senate Bill 190 (enrolled) (Mar. 30, 2020) (Ex. SD-036)In force from Mar. 30, 2020 to July 1, 2021Courts and public offices
Ex. SD-008Governor Kristi Noem, Executive Order 2020-11 (Apr. 2, 2020) (Ex. SD-008)In force from Apr. 2, 2020 to Sept. 30, 2021Emergency declaration
Ex. SD-011Governor Kristi Noem, Executive Order 2020-14 (Apr. 7, 2020) (Ex. SD-011)In force from Apr. 7, 2020 to June 30, 2021Courts and public officesOther
Ex. SD-013Governor Kristi Noem, Executive Order 2020-16 (Apr. 15, 2020) (Ex. SD-013)In force from Apr. 15, 2020 to June 30, 2021Schools and child careHealth care orders
Ex. SD-016Governor Kristi Noem, Executive Order 2020-19 (Apr. 24, 2020) (Ex. SD-016)In force from Apr. 24, 2020 to Dec. 18, 2020Other
Ex. SD-021Governor Kristi Noem, Executive Order 2020-24 (May 18, 2020) (Ex. SD-021)In force from May 18, 2020 to June 30, 2021Health care orders
Ex. SD-024Governor Kristi Noem, Executive Order 2020-28 (June 26, 2020); SD-025 (EO 2020-30, July 7, 2020); SD-029 (EO 2021-04, Feb. 5, 2021) (Ex. SD-024)In force from June 26, 2020 to June 30, 2021Courts and public offices
Ex. SD-055Judge Bobbi J. Rank for the Sixth Circuit; approved by the Supreme Court September 30, 2020, Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic Response (Sept. 27, 2020) (Ex. SD-055)In force from Sept. 27, 2020 to June 1, 2021Face-covering requirementCourts and public offices
Ex. SD-051Presiding Judge Michael W. Day; approved by the Supreme Court October 8, 2020, Order Requiring the Wearing of Face Coverings as Part of Covid-19 Pandemic Response (Oct. 8, 2020) (Ex. SD-051)In force from Oct. 8, 2020 to June 1, 2021Face-covering requirementCourts and public offices
Ex. SD-058Presiding Judge Cheryle Gering; approved by the Supreme Court October 20, 2020, Administrative Order #6 Re: COVID-19 Pandemic Response Requiring Face Coverings, Civ. 20-1 (Oct. 19, 2020) (Ex. SD-058)In force from Oct. 19, 2020 to Sept. 8, 2021Face-covering requirementCourts and public offices
Ex. SD-062City of Sioux Falls (Face Covering Ordinance FAQ page, captured January 28, 2021), Face Covering Ordinance 114-20: Frequently Asked Questions (rendered) (Nov. 17, 2020) (Ex. SD-062)In force from Nov. 21, 2020 to Mar. 13, 2021 (issued Nov. 17, 2020)Face-covering requirement
Ex. SD-092Sioux Falls City Council, Face Covering Ordinance 114-20 (Nov. 17, 2020) (Ex. SD-092)In force from Nov. 21, 2020 to Mar. 13, 2021 (issued Nov. 17, 2020)Face-covering requirement
Ex. SD-026Governor Kristi Noem, Executive Order 2020-33 (Dec. 9, 2020) (Ex. SD-026)In force from Dec. 9, 2020 to June 30, 2021Schools and child careOther
Ex. SD-054Presiding Judge Craig A. Pfeifle; approved by the Supreme Court December 17, 2020, Second Order Regarding Moratorium on Jury Trials (Dec. 16, 2020) (Ex. SD-054)In force from Dec. 16, 2020 to Feb. 28, 2021Courts and public offices
Ex. SD-027Governor Kristi Noem, Executive Order 2020-34 (Dec. 18, 2020) (Ex. SD-027)In force from Dec. 31, 2020 to June 30, 2021 (issued Dec. 18, 2020)Emergency declarationSchools and child care

Agencies, boards and authorities: South Dakota

The Library holds no instrument of this layer in force in this quarter for this selection.

End of general restrictions, State of South Dakota: Executive Order 2020-20 (rescinding EO 2020-12 and adopting the Back to Normal Plan), with EO 2020-18's vulnerable-persons stay-home order expiring May 11, 2020 (2020-04-28 (EO 2020-12 rescinded); 2020-05-11 (EO 2020-13/-18 expired)). What remained: The State of Emergency (EO 2020-04 as continued by EOs 2020-15, 2020-26, 2020-30 and 2020-34) to June 30, 2021, with the Department of Health's 'authority and oversight of measures to control and contain the spread of COVID-19'; EO 2020-20's mandatory adoption of the Back to Normal Plan ('Every South Dakotan shall implement and follow'; 'Local governments shall follow the Plan'), including 'Continue remote learning' for schools, the 30 percent bed reserve and PPE conditions for hospitals and surgery centers, and 'Continue to restrict visits to senior care facilities and hospitals'; the regulatory suspensions (telehealth, licensure, meetings, motor vehicles, child care); HB 1295's injunctive enforcement of DOH directives (to July 1, 2021); the judicial emergency and every circuit order (through and beyond Sept. 30, 2021); city ordinances (Rapid City to the end of July 2020; Sioux Falls' business rules to May 2020 and its mask ordinance Nov. 21, 2020 to Mar. 13, 2021; Brookings' mandatory regime Mar. 23, 2020 to Apr. 27, 2021 and recommendations to May 31, 2021 and again from Aug. 24, 2021).

Preemption of local orders, State of South Dakota: South Dakota did not preempt local COVID-19 orders in 2020-2021. EO 2020-08 (Mar. 23, 2020) and EO 2020-12 (Apr. 6, 2020) directed 'All local and municipal governments' to 'Restrict public gatherings of ten people or more, unless it is necessary' and to 'Review the business practices of each enclosed retail business that promotes public gatherings in their community for compliance'; the Back to Normal Plan (EO 2020-20, Apr. 28, 2020) told businesses they 'must adhere to any local restrictions' and told local governments to 'Consider current and future actions in light of these guidelines.' Sioux Falls, Rapid City and Brookings legislated under SDCL 9-29-1 and 9-32-1 (Sioux Falls through its Board of Health under SDCL 9-32-2 and Code § 92.053). EO 2021-08 (Apr. 20, 2021) used 'should' for local governments' vaccine-passport policies and bound only executive-branch agencies. 2020 SB 191 (emergency public-health authority for counties and municipalities) was Senate-engrossed on Mar. 30, 2020 but never enrolled and did not become law; Rapid City's page records that a one-reading emergency-ordinance provision 'was removed from the bill early on the advice of the governor's office.' No 2020-2021 statute barring local mask, capacity or closure orders was located.

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Federal layer

Ex. FED-156
QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)

QSO-20-39-NH, Nursing Home Visitation - COVID-19 (REVISED 04/27/2021)

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

Dates
In force from Apr. 27, 2021 to Nov. 12, 2021
Quarters
2021 Q22021 Q3
Limitations
Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached
VS visitation and access (home-care-senior-living; hospice; clergy CR; families); IC screening and masking of every entrant regardless of vaccination; DN communal dining and activities (conducted under the core principles); HR/WF and vendor access (staffing PL; personal services SL in-facility salons; physician CL on-site visits); RS cohorting and quarantine
Grade
Primary source read
Days in this quarter
65 (in force on the last day)

Core Principles of COVID-19 Infection Prevention: Screening of all who enter the facility for signs and symptoms of COVID-19 (e.g., temperature checks, questions about and observations of signs or symptoms), and denial of entry of those with signs or symptoms or those who have had close contact with someone with COVID-19 infection in the prior 14 days (regardless of the visitor's vaccination status)... Face covering or mask (covering mouth and nose) and social distancing at least six feet between persons, in accordance with CDC guidance... Resident and staff testing conducted as required at 42 CFR § 483.80(h) (see QSO-20-38-NH Revised). These core principles are consistent with the Centers for Disease Control and Prevention (CDC) guidance for nursing homes, and should be adhered to at all times.... Facilities should allow indoor visitation at all times and for all residents (regardless…

Enforcement: Survey enforcement under F563 (visitation) and F880 (infection control); civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156) Open the exhibit

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

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

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

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

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

Enforcement: as for FED-031

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

Ex. FED-080
Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Safety and Health Administration, U.S. Department of Labor, United States (every setting 'where any employee provides healthcare services or healthcare support services'; federal OSHA States directly, State-plan States through adoption within 30 days) (Federal)

Dates
In force from June 21, 2021 to Dec. 27, 2021
Quarters
2021 Q22021 Q3
Limitations
Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
IC infection control (hospitals, physician practices, dental, home care); ED/CL intake and waiting rooms (entry limits, screening, triage); SX/PR procedures (aerosol-generating procedure rules, § 1910.502(g)); VS visitation and access (non-employee screening); HR/WF (daily employee screening; medical removal; paid vaccination leave); OF administration (written plan, safety coordinator, recordkeeping); SC PPE (respirators for exposure to suspected or confirmed COVID-19)
Grade
Primary source read
Days in this quarter
10 (in force on the last day)

§ 1910.502(a)(1): 'Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.' (a)(2): 'This section does not apply to the following: (i) The provision of first aid by an employee who is not a licensed healthcare provider; (ii) The dispensing of prescriptions by pharmacists in retail settings; (iii) Non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (iv) Well-defined hospital ambulatory care settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (v) Home healthcare settings where all employees are fully vaccinated and all…

Enforcement: Citations and civil penalties under OSH Act §§ 9, 17 (29 U.S.C. §§ 658, 666); inspection procedures DIR 2021-02 (FED-081); § 11(c) and § 1910.502(o) anti-retaliation

Citation: Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080) Open the exhibit

Ex. FED-118
FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)

Louisiana; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

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

Dates
In force from Mar. 24, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
91 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118) Open the exhibit

Ex. FED-183
Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices

Emergency Use Authorization Declaration, 85 Fed. Reg. 17335 (Mar. 27, 2020)

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

Dates
In force from Mar. 24, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationSupply chain
Functions reached
context for SC (ventilators, face shields, gowns, decontamination)
Grade
Primary source read
Days in this quarter
91 (the whole quarter)

The Office of the Assistant Secretary for Preparedness and Response, HHS, requested that the FDA, HHS, issue an EUA for certain medical devices to allow the Department to take response measures based on information currently available about the virus that causes COVID-19. The determination of a public health emergency, and the declaration that circumstances exist justifying emergency use of certain medical devices by the Secretary of HHS, as described below, enable the FDA Commissioner to issue an EUA for these devices for emergency use under section 564 of the FD&C Act.

Enforcement: Framework

Citation: Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183) Open the exhibit

Ex. FED-074
Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 17592 (Mar. 30, 2020)

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

Dates
In force from Mar. 25, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chain
Functions reached
SC PPE for every industry (dental CH/ST/SC; physician SC; hospitals SC; home care SC; personal services SL; construction JS; manufacturing PF)
Grade
Primary source read
Days in this quarter
91 (the whole quarter)

The following materials are designated pursuant to section 102 of the Defense Production Act (50 U.S.C. 4512) and Executive Order 13910 of March 23, 2020 (Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19) as scarce materials or threatened materials: 1. N-95 Filtering Facepiece Respirators, including devices that are disposable half-face-piece nonpowered air-purifying particulate respirators intended for use to cover the nose and mouth of the wearer to help reduce wearer exposure to pathogenic biological airborne particulates 2. Other Filtering Facepiece Respirators (e.g., those designated as N99, N100, R95, R99, R100, or P95, P99, P100)... [and] elastomeric respirators, PAPRs, surgical masks, gloves, face shields, gowns, ventilators, sterilization services, disinfecting devices, medical gowns, sanitizing and disinfecting products

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

Citation: Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074) Open the exhibit

Ex. FED-109
FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)

Florida; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

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

Dates
In force from Mar. 25, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
91 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-398U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-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-060President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)In force from Jan. 20, 2021 to May 9, 2023Gathering capFace-covering requirementWorkplace rules
Ex. FED-270Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)In force from Jan. 24, 2021 to June 10, 2021Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-296Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)In force from Feb. 12, 2021 to Apr. 5, 2021Gathering capCourts and public offices
Ex. FED-155CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)In force from Mar. 10, 2021 to Apr. 27, 2021Gathering capHealth care orders
Ex. FED-305Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)In force from Mar. 17, 2021 to June 1, 2021Business closureCourts and public offices
Ex. FED-008President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)Emergency declaration
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-006President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)In force from Mar. 13, 2020 to May 11, 2023Emergency declaration
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-292Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)In force from Mar. 19, 2020 to July 19, 2021Courts and public offices
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-132President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)In force from Mar. 20, 2020 to May 11, 2023Emergency declaration
Ex. FED-104President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-147President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-099CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)In force from Mar. 23, 2020 to May 1, 2023Health care ordersCourts and public offices
Ex. FED-115President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)In force from Mar. 23, 2020 to May 11, 2023Emergency declaration

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

State of South Dakota

Ex. SD-084
Standing Order CIV. 21-4 Regarding COVID-19 Courthouse Security Measures (April 6, 2021)

Standing Order Regarding COVID-19 Courthouse Security Measures

Presiding Judge Robin J. Houwman; approved by the Supreme Court (Jensen, C.J.) April 8, 2021, Second Judicial Circuit (Minnehaha and Lincoln Counties) (Court)

Dates
In force from Apr. 6, 2021 to July 6, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementCourts and public officesQuarantine and isolation
Functions reached
CT; MASK; QUAR
Grade
Primary source read
Days in this quarter
86 (in force on the last day)

1. All persons entering the Minnehaha County Courthouse or the Courthouse portion of the Lincoln County Administration Building (the Courthouses) shall wear protective facial coverings such as a mask, scarf, bandana or other cloth which covers the nose and mouth... 2. No one, including the public, parties to litigation, attorneys, defendants, and employees shall enter the Courthouses if they fall into any of the categories below: a. Persons who have been diagnosed with COVID-19 until the expiration of a quarantine period, b. Persons with a pending COVID-19 test... c. Persons who live with someone who has been diagnosed with COVID-19, who live with someone who is under a quarantine direction... d. Persons with a cough, fever over 100.4 degrees, sudden loss of taste or smell, shortness of breath or other symptoms of COVID-19

Enforcement: Court Security Officers may question and deny entry

Citation: Presiding Judge Robin J. Houwman; approved by the Supreme Court (Jensen, C.J.) April 8, 2021, Standing Order CIV. 21-4 Regarding COVID-19 Courthouse Security Measures (April 6, 2021) (Apr. 6, 2021) (Ex. SD-084) Open the exhibit

Ex. SD-089
Fifth Judicial Circuit Thirteenth Amended COVID-19 Procedure Order

Thirteenth Amended COVID-19 Procedure Order

Presiding Judge Jon S. Flemmer; approved by the Supreme Court (Jensen, C.J.) April 15, 2021, Fifth Judicial Circuit (Brown and nine northeastern counties) (Court)

Dates
In force from Apr. 15, 2021 to Sept. 8, 2021
Quarters
2021 Q22021 Q3
Limitations
Courts and public offices
Functions reached
CT jury trials in the Fifth Circuit subject to a moratorium framework from March 16, 2020, discretionary from April 15, 2021, through Q3 2021
Grade
Primary source read
Days in this quarter
77 (in force on the last day)

The moratorium on jury trials, as outlined in the Fifth Judicial Circuit Administrative Order dated March 16, 2020 is hereby amended to permit any judge in this circuit to schedule and conduct a jury trial involving any type of proceeding if in the discretion of that judge the trial may be conducted in a manner consistent with the then existing Centers for Disease Control guidelines related to the COVID-19 pandemic.

Enforcement: Court order

Citation: Presiding Judge Jon S. Flemmer; approved by the Supreme Court (Jensen, C.J.) April 15, 2021, Fifth Judicial Circuit Thirteenth Amended COVID-19 Procedure Order (Apr. 15, 2021) (Ex. SD-089) Open the exhibit

Ex. SD-030
Executive Order 2021-08

Prohibition of COVID-19 vaccine passports by State executive agencies; local governments 'should' not require them

Governor Kristi Noem, South Dakota (State)

Dates
In force from Apr. 20, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Vaccination or testingOther
Functions reached
OTHER (prohibition, not a limitation); RS long-term care vaccination documentation preserved
Grade
Primary source read
Days in this quarter
72 (in force on the last day)

1. No state agency, department, board, commission, or other executive branch entity or official under the direct control of the Governor shall require an individual to present a COVID-19 vaccine passport as described above, or any similar proof-of-COVID-19-vaccination, in order to enter government premises, receive a government benefit, license, or do business with the government.... 3. No local government or subdivision of local government should require an individual to present a COVID-19 vaccine passport... 6. Nothing in this executive order shall be construed to: (a) limit the ability of a nursing home, assisted living facility, or long-term care facility to require documentation of a resident's vaccination status

Enforcement: Directive to executive agencies

Citation: Governor Kristi Noem, Executive Order 2021-08 (Apr. 20, 2021) (Ex. SD-030) Open the exhibit

Ex. SD-080
Resolution 21-024

A Resolution Replacing the Mandatory Provisions set forth in Emergency Ordinance 21-013 with Recommendations to Address a Public Health Crisis and Slow the Spread of Coronavirus (COVID-19)

Brookings City Council, Brookings, South Dakota (City)

Dates
In force from Apr. 27, 2021 to May 31, 2021
Quarters
2021 Q2
Limitations
Face-covering requirementOther
Functions reached
OTHER (recommendations)
Grade
Primary source read
Days in this quarter
35

the City Council believes the occupancy, social distancing and face covering restrictions set forth in 21-001 and subsequently 21-013 can be replaced with similar recommendations... staff and employees should wear masks... Masks should be worn at city-sanctioned events... Masks should be worn when obtaining services from the healthcare sector... Masks should be worn while riding on public transportation

Enforcement: Recommendations

Citation: Brookings City Council, Resolution 21-024 (Apr. 27, 2021) (Ex. SD-080) Open the exhibit

Ex. SD-081
Resolution 21-043

A Resolution Repealing Resolution 21-024 Pertaining to Safety Recommendations to Reduce the Spread of COVID-19

Brookings City Council, Brookings, South Dakota (City)

Dates
In force from May 31, 2021 to June 30, 2021 (issued May 25, 2021)
Quarters
2021 Q2
Limitations
Other
Functions reached
OTHER
Grade
Primary source read
Days in this quarter
31 (in force on the last day)

Resolution 21-024 is hereby repealed May 31, 2021.

Enforcement: n/a

Citation: Brookings City Council, Resolution 21-043 (May 25, 2021) (Ex. SD-081) Open the exhibit

Ex. SD-085
Amended Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic Response as Necessary

Amended Order Requiring the Wearing of Face Coverings as Necessary

Judge Bobbi J. Rank; approved by the Supreme Court June 9, 2021, Sixth Judicial Circuit (Court)

Dates
In force from June 1, 2021 to Sept. 8, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT; MASK (discretionary)
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

ORDERED that the judge presiding over the proceeding or Presiding Judge may require any person within any courtroom, jury room, court office, or adjacent common area in the Sixth Judicial Circuit to wear a mask, scarf, bandana, or other covering over the nose and mouth. It is further ORDERED that the Presiding Judge may amend this Order as necessary to reduce the spread of COVID-19.

Enforcement: Court order (discretionary masking)

Citation: Judge Bobbi J. Rank; approved by the Supreme Court June 9, 2021, Amended Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic Response as Necessary (June 1, 2021) (Ex. SD-085) Open the exhibit

Ex. SD-086
Administrative Order Re: COVID-19 Pandemic Response, Civ. 21-1

Administrative Order Re: COVID-19 Pandemic Response (supersedes all previous Fourth Circuit COVID-19 orders)

Presiding Judge Michael W. Day; approved by the Supreme Court May 27, 2021, Fourth Judicial Circuit (Court)

Dates
In force from June 1, 2021 to Sept. 8, 2021 (issued May 27, 2021)
Quarters
2021 Q22021 Q3
Limitations
Courts and public offices
Functions reached
CT continuing pandemic procedures (screening, disinfection, remote appearances)
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

IT IS HEREBY ORDERED that this order supersedes all previous Fourth Circuit COVID-19 Orders and is effective immediately unless otherwise noted in this order. IT IS FURTHER ORDERED that effective June 1, 2021, in the Fourth Judicial Circuit, no person is required to wear face coverings in any courtroom, public court area, or court office unless asked to do so by a judge, court services officer, or other 4th Circuit court employee... IT IS FURTHER ORDERED that the Fourth Circuit has approved the posting of signs that ask all persons entering for court business to self-screen for health concerns... each county in the Fourth Circuit shall continue to provide staff to regularly clean and disinfect all courtrooms... parties and/or counsel are permitted and encouraged to appear by telephone, Zoom, or other electronic means

Enforcement: Court order

Citation: Presiding Judge Michael W. Day; approved by the Supreme Court May 27, 2021, Administrative Order Re: COVID-19 Pandemic Response, Civ. 21-1 (May 27, 2021) (Ex. SD-086) Open the exhibit

Continuing in force from an earlier quarter of this report (24 instruments):

ExhibitCitationDatesLimitations
Ex. SD-049Presiding Judge Robin J. Houwman, Standing Order Regarding COVID-19 Courthouse Security Measures, CIV. 20-4 (October 20, 2020) (Oct. 20, 2020) (Ex. SD-049)In force from Oct. 20, 2020 to Apr. 6, 2021Capacity limitFace-covering requirementCourts and public officesQuarantine and isolation
Ex. SD-001Governor Kristi Noem, Executive Order 2020-04 (Mar. 13, 2020) (Ex. SD-001)In force from Mar. 13, 2020 to June 30, 2021Emergency declarationSupply chain
Ex. SD-045South Dakota Supreme Court (Gilbertson, C.J.), Order Declaring Judicial Emergency COVID-19 Disease (Mar. 13, 2020) (Ex. SD-045)In force from Mar. 13, 2020 to Sept. 8, 2021Courts and public offices
Ex. SD-046South Dakota Supreme Court (Gilbertson, C.J.), Order Suspending 180-Day Rule (23A-44-5.1) (Mar. 13, 2020) (Ex. SD-046)In force from Mar. 13, 2020 to Sept. 8, 2021Courts and public offices
Ex. SD-004Governor Kristi Noem, Executive Order 2020-07 (Mar. 23, 2020) (Ex. SD-004)In force from Mar. 23, 2020 to June 30, 2021Health care ordersSupply chain
Ex. SD-059Presiding Judge Michael W. Day, Fourth Judicial Circuit Administrative Order #2 Re: COVID-19 Pandemic Response (Mar. 23, 2020) (Ex. SD-059)In force from Mar. 23, 2020 to May 27, 2021Travel and quarantineCourts and public officesQuarantine and isolation
Ex. SD-007Governor Kristi Noem, Executive Order 2020-10 (Mar. 26, 2020) (Ex. SD-007)In force from Mar. 26, 2020 to July 7, 2020Schools and child careOther
Ex. SD-034South Dakota Legislature; signed by the Governor, 2020 Senate Bill 188 (enrolled), amending SDCL 13-26-1 (Mar. 30, 2020) (Ex. SD-034)In force from Mar. 30, 2020 to July 1, 2021Schools and child care
Ex. SD-036South Dakota Legislature; signed by the Governor, 2020 Senate Bill 190 (enrolled) (Mar. 30, 2020) (Ex. SD-036)In force from Mar. 30, 2020 to July 1, 2021Courts and public offices
Ex. SD-008Governor Kristi Noem, Executive Order 2020-11 (Apr. 2, 2020) (Ex. SD-008)In force from Apr. 2, 2020 to Sept. 30, 2021Emergency declaration
Ex. SD-011Governor Kristi Noem, Executive Order 2020-14 (Apr. 7, 2020) (Ex. SD-011)In force from Apr. 7, 2020 to June 30, 2021Courts and public officesOther
Ex. SD-013Governor Kristi Noem, Executive Order 2020-16 (Apr. 15, 2020) (Ex. SD-013)In force from Apr. 15, 2020 to June 30, 2021Schools and child careHealth care orders
Ex. SD-016Governor Kristi Noem, Executive Order 2020-19 (Apr. 24, 2020) (Ex. SD-016)In force from Apr. 24, 2020 to Dec. 18, 2020Other
Ex. SD-021Governor Kristi Noem, Executive Order 2020-24 (May 18, 2020) (Ex. SD-021)In force from May 18, 2020 to June 30, 2021Health care orders
Ex. SD-024Governor Kristi Noem, Executive Order 2020-28 (June 26, 2020); SD-025 (EO 2020-30, July 7, 2020); SD-029 (EO 2021-04, Feb. 5, 2021) (Ex. SD-024)In force from June 26, 2020 to June 30, 2021Courts and public offices
Ex. SD-055Judge Bobbi J. Rank for the Sixth Circuit; approved by the Supreme Court September 30, 2020, Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic Response (Sept. 27, 2020) (Ex. SD-055)In force from Sept. 27, 2020 to June 1, 2021Face-covering requirementCourts and public offices
Ex. SD-051Presiding Judge Michael W. Day; approved by the Supreme Court October 8, 2020, Order Requiring the Wearing of Face Coverings as Part of Covid-19 Pandemic Response (Oct. 8, 2020) (Ex. SD-051)In force from Oct. 8, 2020 to June 1, 2021Face-covering requirementCourts and public offices
Ex. SD-058Presiding Judge Cheryle Gering; approved by the Supreme Court October 20, 2020, Administrative Order #6 Re: COVID-19 Pandemic Response Requiring Face Coverings, Civ. 20-1 (Oct. 19, 2020) (Ex. SD-058)In force from Oct. 19, 2020 to Sept. 8, 2021Face-covering requirementCourts and public offices
Ex. SD-026Governor Kristi Noem, Executive Order 2020-33 (Dec. 9, 2020) (Ex. SD-026)In force from Dec. 9, 2020 to June 30, 2021Schools and child careOther
Ex. SD-027Governor Kristi Noem, Executive Order 2020-34 (Dec. 18, 2020) (Ex. SD-027)In force from Dec. 31, 2020 to June 30, 2021 (issued Dec. 18, 2020)Emergency declarationSchools and child care
Ex. SD-028Governor Kristi Noem, Executive Order 2021-01 (Jan. 7, 2021) (Ex. SD-028)In force from Jan. 7, 2021 to June 30, 2021Other
Ex. SD-029Governor Kristi Noem, Executive Order 2021-04 (Feb. 5, 2021) (Ex. SD-029)In force from Feb. 5, 2021 to June 30, 2021Health care ordersCourts and public offices
Ex. SD-041Sioux Falls City Council, Resolution No. 31-21, One Sioux Falls COVID-19 Action Plan (Mar. 9, 2021) (Ex. SD-041)In force from Mar. 13, 2021 to Sept. 30, 2021 (issued Mar. 9, 2021)Face-covering requirementOther
Ex. SD-079Brookings City Council, Ordinance 21-013 (Mar. 23, 2021) (Ex. SD-079)In force from Mar. 23, 2021 to Apr. 27, 2021Face-covering requirementEvents and venuesWorkplace rules

Agencies, boards and authorities: South Dakota

The Library holds no instrument of this layer in force in this quarter for this selection.

End of general restrictions, State of South Dakota: Executive Order 2020-20 (rescinding EO 2020-12 and adopting the Back to Normal Plan), with EO 2020-18's vulnerable-persons stay-home order expiring May 11, 2020 (2020-04-28 (EO 2020-12 rescinded); 2020-05-11 (EO 2020-13/-18 expired)). What remained: The State of Emergency (EO 2020-04 as continued by EOs 2020-15, 2020-26, 2020-30 and 2020-34) to June 30, 2021, with the Department of Health's 'authority and oversight of measures to control and contain the spread of COVID-19'; EO 2020-20's mandatory adoption of the Back to Normal Plan ('Every South Dakotan shall implement and follow'; 'Local governments shall follow the Plan'), including 'Continue remote learning' for schools, the 30 percent bed reserve and PPE conditions for hospitals and surgery centers, and 'Continue to restrict visits to senior care facilities and hospitals'; the regulatory suspensions (telehealth, licensure, meetings, motor vehicles, child care); HB 1295's injunctive enforcement of DOH directives (to July 1, 2021); the judicial emergency and every circuit order (through and beyond Sept. 30, 2021); city ordinances (Rapid City to the end of July 2020; Sioux Falls' business rules to May 2020 and its mask ordinance Nov. 21, 2020 to Mar. 13, 2021; Brookings' mandatory regime Mar. 23, 2020 to Apr. 27, 2021 and recommendations to May 31, 2021 and again from Aug. 24, 2021).

Preemption of local orders, State of South Dakota: South Dakota did not preempt local COVID-19 orders in 2020-2021. EO 2020-08 (Mar. 23, 2020) and EO 2020-12 (Apr. 6, 2020) directed 'All local and municipal governments' to 'Restrict public gatherings of ten people or more, unless it is necessary' and to 'Review the business practices of each enclosed retail business that promotes public gatherings in their community for compliance'; the Back to Normal Plan (EO 2020-20, Apr. 28, 2020) told businesses they 'must adhere to any local restrictions' and told local governments to 'Consider current and future actions in light of these guidelines.' Sioux Falls, Rapid City and Brookings legislated under SDCL 9-29-1 and 9-32-1 (Sioux Falls through its Board of Health under SDCL 9-32-2 and Code § 92.053). EO 2021-08 (Apr. 20, 2021) used 'should' for local governments' vaccine-passport policies and bound only executive-branch agencies. 2020 SB 191 (emergency public-health authority for counties and municipalities) was Senate-engrossed on Mar. 30, 2020 but never enrolled and did not become law; Rapid City's page records that a one-reading emergency-ordinance provision 'was removed from the bill early on the advice of the governor's office.' No 2020-2021 statute barring local mask, capacity or closure orders was located.

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

Federal layer

Ex. FED-272
COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks

COVID-19 Workplace Safety: Agency Model Safety Principles (Issued July 29, 2021)

Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, United States (all federal buildings and federal lands; federally hosted meetings) (Federal)

Dates
In force from July 29, 2021 to Sept. 13, 2021
Quarters
2021 Q3
Limitations
Gathering capFace-covering requirementTravel and quarantineWorkplace rulesVaccination or testing
Functions reached
CS vendor, contractor and visitor entry to every federal building conditioned on vaccination status or testing from July 29, 2021; MK federally hosted meetings, conferences and events over 50 participants restricted; TR federal official travel for the unvaccinated limited to mission-critical trips; OF masks in federal buildings in areas of substantial or high transmission regardless of vaccination status (which by August 2021 was nearly the whole country)
Grade
Primary source read
Days in this quarter
47

Federal agencies need to ask about the vaccination status of Federal employees and onsite contractors -- employees and onsite contractors must sign an attestation confirming their vaccination status, or they will be treated as not fully vaccinated for purposes of safety protocols.... Visitors must provide information on their vaccination status and comply with the requisite safety protocols.... [for employees and contractors] who are not fully vaccinated or who decline to provide information about their vaccination status, official domestic travel should be limited to only necessary mission-critical trips.... Should an agency intend to host an in-person meeting, conference, or event that will be attended by more than 50 participants -- regardless of whether participants include members of the public -- the agency must first seek the approval of its agency head, in consultation with the…

Enforcement: EO 13991 § 2; agency safety plans; attestation under penalty of administrative action (Certification of Vaccination form, Ex. FED-278)

Citation: Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272) Open the exhibit

Ex. FED-307
Updated Amended Standing Order 21-04

In re: Court Operations Under the Exigent Circumstances Created by COVID-19 (Updated Amended, Sept. 3, 2021)

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

Dates
In force from Sept. 3, 2021 to Dec. 29, 2021
Quarters
2021 Q3
Limitations
Capacity limitFace-covering requirementCourts and public offices
Functions reached
CT jury selections capped at one per vicinage; masks for all entrants regardless of vaccination status; temperature screening (Sept. 2021); CS
Grade
Primary source read
Days in this quarter
28 (in force on the last day)

[WHEREAS the Delta] and other variants, and on July 27, 2021, the CDC recommended that all persons, including those fully vaccinated against COVID-19, wear a mask in public indoor settings, in areas of [substantial or high transmission]... [the Court has required] full vaccination of its employees, while continuing its protocols of temperature screening and hand sanitizing by all entrants to the District's courthouses, and mask wearing in all public areas of Court facilities by entrants and occupants thereof, regardless of vaccination status;... 1. No more than one jury selection, either civil or criminal, shall occur in each vicinage of this Court at one time... 2. Multiple, simultaneous jury trials may be conducted in each of this Court's vicinages, but the number of simultaneous criminal jury trials involving detainees in each [vicinage is limited]... DATED: September 3, 2021

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307) Open the exhibit

Ex. FED-130
FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)

New Jersey; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

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

Dates
In force from Mar. 25, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130) Open the exhibit

Ex. FED-133
FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)

North Carolina; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

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

Dates
In force from Mar. 25, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133) Open the exhibit

Ex. FED-143
FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)

Texas; Major Disaster and Related Determinations, 85 Fed. Reg. 20699 (Apr. 14, 2020)

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

Dates
In force from Mar. 25, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143) Open the exhibit

Ex. FED-113
FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)

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

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

Dates
In force from Mar. 26, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-398U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-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-060President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)In force from Jan. 20, 2021 to May 9, 2023Gathering capFace-covering requirementWorkplace rules
Ex. FED-156CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)In force from Apr. 27, 2021 to Nov. 12, 2021Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-032Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)In force from May 5, 2021 to Sept. 30, 2021Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-080Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)In force from June 21, 2021 to Dec. 27, 2021Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-008President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)Emergency declaration
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-006President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)In force from Mar. 13, 2020 to May 11, 2023Emergency declaration
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-292Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)In force from Mar. 19, 2020 to July 19, 2021Courts and public offices
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-132President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)In force from Mar. 20, 2020 to May 11, 2023Emergency declaration
Ex. FED-104President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-147President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-099CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)In force from Mar. 23, 2020 to May 1, 2023Health care ordersCourts and public offices
Ex. FED-115President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)In force from Mar. 23, 2020 to May 11, 2023Emergency declaration
Ex. FED-118President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)In force from Mar. 24, 2020 to May 11, 2023Emergency declaration
Ex. FED-183Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)In force from Mar. 24, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-074Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)In force from Mar. 25, 2020 to Sept. 30, 2021Supply chain
Ex. FED-109President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)In force from Mar. 25, 2020 to May 11, 2023Emergency declaration

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

State of South Dakota

Ex. SD-088
Standing Order Regarding COVID-19 Courthouse Safety Measures (July 1, 2021)

Standing Order Regarding COVID-19 Courthouse Safety Measures

Presiding Judge Robin J. Houwman; approved by the Supreme Court (Jensen, C.J.) July 2, 2021, Second Judicial Circuit (Minnehaha and Lincoln Counties) (Court)

Dates
In force from July 6, 2021 to Sept. 8, 2021 (issued July 1, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementCourts and public officesQuarantine and isolation
Functions reached
CT courthouse access in the Sioux Falls circuit through Q3 2021; QUAR exposed and tested persons barred; MASK discretionary
Grade
Primary source read
Days in this quarter
65

It is hereby ORDERED that the Second Circuit Court effective July 6, 2021, will implement the following steps to help reduce the spread of COVID-19, to remain in effect until further order: 1. No one, including the public, parties to litigation, attorneys, defendants, and employees shall enter the Courthouses if they fall into any of the categories below: a. Persons who have been diagnosed with COVID-19 until the expiration of a quarantine period, b. Persons with a pending COVID-19 test unless the test is solely for purposes of a surgical procedure or for pending travel and the person is asymptomatic, c. Persons who live with someone who has been diagnosed with COVID-19 until the expiration of a quarantine period, who live with someone who is under a quarantine direction, or who live with someone who has a pending COVID-19 test... d. Persons with a cough, fever over 100.4 degrees, sudden…

Enforcement: Screening; denial of entry; remote appearances directed

Citation: Presiding Judge Robin J. Houwman; approved by the Supreme Court (Jensen, C.J.) July 2, 2021, Standing Order Regarding COVID-19 Courthouse Safety Measures (July 1, 2021) (Ex. SD-088) Open the exhibit

Ex. SD-087
Standing Order Revoking Standing Order Converting Misdemeanor Warrants (Notwithstanding Domestic Abuse, Stalking, Violation of Protection Orders, and Violations of No Contact Orders) to PR Bench Warrants, CIV 20-4

Standing Order Revoking Warrant-Conversion Order

Presiding Judge, Second Judicial Circuit; approved by the Supreme Court (Jensen, C.J.) July 27, 2021, Second Judicial Circuit (Court)

Dates
In force from July 27, 2021 to Sept. 30, 2021 (issued July 14, 2021)
Quarters
2021 Q3
Limitations
Courts and public offices
Functions reached
CT (Q3 2021 court order under the judicial emergency)
Grade
Primary source read
Days in this quarter
66 (in force on the last day)

ORDERED that the attached Standing Order of the Second Judicial Circuit dated July 26, 2021, revoking misdemeanor warrants (notwithstanding domestic abuse, stalking, violations of protection orders, and violations of no contact orders) to PR Bench Warrants, be and it is hereby approved in its entirety. IT IS FURTHER ORDERED that this order shall remain in effect until further order of the Court.

Enforcement: Court order

Citation: Presiding Judge, Second Judicial Circuit; approved by the Supreme Court (Jensen, C.J.) July 27, 2021, Standing Order Revoking Standing Order Converting Misdemeanor Warrants (Notwithstanding Domestic Abuse, Stalking, Violation of Protection Orders, and Violations of No Contact Orders) to PR Bench Warrants, CIV 20-4 (July 14, 2021) (Ex. SD-087) Open the exhibit

Ex. SD-082
Resolution 21-072

An Emergency Resolution Providing Recommendations Deemed Necessary to Slow the Community Spread of Coronavirus (Covid-19)

Brookings City Council, Brookings, South Dakota (City)

Dates
In force from Aug. 24, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementOther
Functions reached
MASK (recommended); CB
Grade
Primary source read
Days in this quarter
38 (in force on the last day)

based on current knowledge of the Delta variant of COVID-19, vaccine effectiveness, and current vaccine coverage, that further prevention strategies are now needed... Indoor masking should be used when social distancing cannot be achieved regardless of vaccination status. All individuals two years and older wear face masks (unless medical or developmental conditions prohibit the use).... businesses should operate in a manner consistent with CDC guidelines and any applicable state regulations and the Governor's Executive Orders... This Resolution shall continue until it is amended or repealed.... this resolution is considered necessary for the immediate preservation of the public peace, health and safety of the City

Enforcement: Recommendations (emergency resolution)

Citation: Brookings City Council, Resolution 21-072 (Aug. 24, 2021) (Ex. SD-082) Open the exhibit

Ex. SD-083
COVID-19 Response: orders currently approved (index as captured September 8, 2021)

COVID-19 Response

South Dakota Unified Judicial System, South Dakota (Court)

Dates
In force from Sept. 8, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT courts statewide in Q3 2021
Grade
Primary source read
Days in this quarter
23 (in force on the last day)

On March 13, 2020 the South Dakota Supreme Court declared a judicial emergency from the COVID 19 Disease in the attached order.... A copy of the orders currently approved is included below: ORDER DECLARING JUDICIAL EMERGENCY COVID-19 DISEASE; Order Suspending 180-Day Rule (23A-44-5.1)... 2nd Circuit Standing Order Regarding Facial Coverings... 2nd Circuit Standing Order Regarding Courthouse Safety Measures (7-1-2021); 2nd Circuit Standing Order Revoking Misdemeanor Warrants... To PR Bench Warrants (7-27-2021)... 4th Circuit Administrative Order Requiring Wearing Of Face Coverings; 4th Circuit Administrative Order Regarding Moratorium On Jury Trials; 4th Circuit Administrative Order Regarding Pandemic Response... 5th Circuit Thirteenth Amended Procedures... 6th Circuit Amended Order Requiring The Wearing of Face Coverings; 6th Circuit Fourth Amended Procedures... 7th Circuit Facial…

Enforcement: Index of court orders

Citation: South Dakota Unified Judicial System, COVID-19 Response: orders currently approved (index as captured September 8, 2021) (Sept. 8, 2021) (Ex. SD-083) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. SD-045South Dakota Supreme Court (Gilbertson, C.J.), Order Declaring Judicial Emergency COVID-19 Disease (Mar. 13, 2020) (Ex. SD-045)In force from Mar. 13, 2020 to Sept. 8, 2021Courts and public offices
Ex. SD-046South Dakota Supreme Court (Gilbertson, C.J.), Order Suspending 180-Day Rule (23A-44-5.1) (Mar. 13, 2020) (Ex. SD-046)In force from Mar. 13, 2020 to Sept. 8, 2021Courts and public offices
Ex. SD-008Governor Kristi Noem, Executive Order 2020-11 (Apr. 2, 2020) (Ex. SD-008)In force from Apr. 2, 2020 to Sept. 30, 2021Emergency declaration
Ex. SD-041Sioux Falls City Council, Resolution No. 31-21, One Sioux Falls COVID-19 Action Plan (Mar. 9, 2021) (Ex. SD-041)In force from Mar. 13, 2021 to Sept. 30, 2021 (issued Mar. 9, 2021)Face-covering requirementOther
Ex. SD-084Presiding Judge Robin J. Houwman; approved by the Supreme Court (Jensen, C.J.) April 8, 2021, Standing Order CIV. 21-4 Regarding COVID-19 Courthouse Security Measures (April 6, 2021) (Apr. 6, 2021) (Ex. SD-084)In force from Apr. 6, 2021 to July 6, 2021Face-covering requirementCourts and public officesQuarantine and isolation
Ex. SD-089Presiding Judge Jon S. Flemmer; approved by the Supreme Court (Jensen, C.J.) April 15, 2021, Fifth Judicial Circuit Thirteenth Amended COVID-19 Procedure Order (Apr. 15, 2021) (Ex. SD-089)In force from Apr. 15, 2021 to Sept. 8, 2021Courts and public offices
Ex. SD-030Governor Kristi Noem, Executive Order 2021-08 (Apr. 20, 2021) (Ex. SD-030)In force from Apr. 20, 2021 to Sept. 30, 2021Vaccination or testingOther
Ex. SD-085Judge Bobbi J. Rank; approved by the Supreme Court June 9, 2021, Amended Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic Response as Necessary (June 1, 2021) (Ex. SD-085)In force from June 1, 2021 to Sept. 8, 2021Face-covering requirementCourts and public offices
Ex. SD-086Presiding Judge Michael W. Day; approved by the Supreme Court May 27, 2021, Administrative Order Re: COVID-19 Pandemic Response, Civ. 21-1 (May 27, 2021) (Ex. SD-086)In force from June 1, 2021 to Sept. 8, 2021 (issued May 27, 2021)Courts and public offices

Agencies, boards and authorities: South Dakota

The Library holds no instrument of this layer in force in this quarter for this selection.

End of general restrictions, State of South Dakota: Executive Order 2020-20 (rescinding EO 2020-12 and adopting the Back to Normal Plan), with EO 2020-18's vulnerable-persons stay-home order expiring May 11, 2020 (2020-04-28 (EO 2020-12 rescinded); 2020-05-11 (EO 2020-13/-18 expired)). What remained: The State of Emergency (EO 2020-04 as continued by EOs 2020-15, 2020-26, 2020-30 and 2020-34) to June 30, 2021, with the Department of Health's 'authority and oversight of measures to control and contain the spread of COVID-19'; EO 2020-20's mandatory adoption of the Back to Normal Plan ('Every South Dakotan shall implement and follow'; 'Local governments shall follow the Plan'), including 'Continue remote learning' for schools, the 30 percent bed reserve and PPE conditions for hospitals and surgery centers, and 'Continue to restrict visits to senior care facilities and hospitals'; the regulatory suspensions (telehealth, licensure, meetings, motor vehicles, child care); HB 1295's injunctive enforcement of DOH directives (to July 1, 2021); the judicial emergency and every circuit order (through and beyond Sept. 30, 2021); city ordinances (Rapid City to the end of July 2020; Sioux Falls' business rules to May 2020 and its mask ordinance Nov. 21, 2020 to Mar. 13, 2021; Brookings' mandatory regime Mar. 23, 2020 to Apr. 27, 2021 and recommendations to May 31, 2021 and again from Aug. 24, 2021).

Preemption of local orders, State of South Dakota: South Dakota did not preempt local COVID-19 orders in 2020-2021. EO 2020-08 (Mar. 23, 2020) and EO 2020-12 (Apr. 6, 2020) directed 'All local and municipal governments' to 'Restrict public gatherings of ten people or more, unless it is necessary' and to 'Review the business practices of each enclosed retail business that promotes public gatherings in their community for compliance'; the Back to Normal Plan (EO 2020-20, Apr. 28, 2020) told businesses they 'must adhere to any local restrictions' and told local governments to 'Consider current and future actions in light of these guidelines.' Sioux Falls, Rapid City and Brookings legislated under SDCL 9-29-1 and 9-32-1 (Sioux Falls through its Board of Health under SDCL 9-32-2 and Code § 92.053). EO 2021-08 (Apr. 20, 2021) used 'should' for local governments' vaccine-passport policies and bound only executive-branch agencies. 2020 SB 191 (emergency public-health authority for counties and municipalities) was Senate-engrossed on Mar. 30, 2020 but never enrolled and did not become law; Rapid City's page records that a one-reading emergency-ordinance provision 'was removed from the bill early on the advice of the governor's office.' No 2020-2021 statute barring local mask, capacity or closure orders was located.

Third quarter of 2021: the instruments in force, State of South Dakota

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):

  • SD-045 Supreme Court Order Declaring Judicial Emergency (Mar. 13, 2020; listed as currently approved Sept. 8, 2021)
  • SD-046 Supreme Court Order Suspending 180-Day Rule
  • SD-083 UJS COVID-19 Response orders index as captured Sept. 8, 2021 (the list of orders then approved)
  • SD-088 2nd Circuit Standing Order Regarding COVID-19 Courthouse Safety Measures (July 1, 2021; effective July 6, 2021): entry barred to diagnosed, quarantined, pending-test and symptomatic persons and those living with them; screening; masks discretionary
  • SD-087 2nd Circuit Standing Order revoking the warrant-conversion order (July 27, 2021)
  • SD-084 2nd Circuit Standing Order CIV 21-4 (Apr. 6, 2021) through July 6, 2021
  • SD-086 4th Circuit Administrative Order Civ. 21-1 (May 27, 2021; face-covering provisions effective June 1, 2021; until further order); 21-1 (SD-086)'; SD-051 in_force_quarters end at 2021Q2)
  • SD-089 5th Circuit Thirteenth Amended COVID-19 Procedure Order (Apr. 15, 2021): jury-trial moratorium of Mar. 16, 2020 continued in discretionary form
  • SD-085 6th Circuit Amended Order Requiring Face Coverings as Necessary (June 1, 2021) and 6th Circuit Fourth Amended Procedures (listed)
  • SD-030 EO 2021-08 vaccine-passport prohibition (State agencies; no expiration)
  • SD-082 Brookings Resolution 21-072 (Aug. 24, 2021): emergency recommendations for indoor masking regardless of vaccination status, until amended or repealed
  • SD-008 EO 2020-11 disaster declaration (runs three months past the federal PHE)
  • Federal layer in South Dakota (FED-A/FED-B): CDC conveyance mask order and TSA security directives; OSHA Healthcare ETS, 29 C.F.R. § 1910.502; presidential entry proclamations and DHS land-border notices; CMS conditions of participation

5. Standing duties in South Dakota

South Dakota is the State the Service treats as the paradigm of no restrictions, and it is the State in which the standing law did the most work, because the Governor's own mandatory business order (EO 2020-12, Ex. SD-009) ran only from April 6 to April 28, 2020. Four standing bodies of law, none written for COVID-19 and none dependent on the life of an executive order, commanded the measures the Service calls voluntary. First, the contagious-disease statutes and rules. The Department of Health 'shall establish and direct the operations of a state-wide system for communicable disease prevention, control, and treatment' and may prescribe by rule 'methods and procedures for the prevention and control of communicable disease,' 'the monitoring, quarantine, and isolation of any patient or carrier' and 'infection prevention measures' (SDCL 34-22-9(4), (5), (8)); it enforces those regulations 'through isolation, prevention, and treatment' (34-22-14); 'the diagnosis, control, and treatment of suspected or confirmed cases of communicable diseases in the state shall be under the supervision and surveillance of the department' (34-22-17); any person subject to a declared public health emergency 'who fails to follow the reasonable and necessary directives of the department issued for the protection of other persons, is guilty of a Class 1 misdemeanor' (34-22-18: one year, $2,000; Ex. DUT-SD-001, DUT-SD-007); the department may enjoin a person who 'presents a health threat to others' (34-22-18.1, as amended March 31, 2020 by HB 1295, Ex. SD-032, and again by SL 2021, ch 147 for July 1, 2021 to June 30, 2022); and the Secretary of Health did declare a public health emergency under 34-22-42 for Minnehaha County on April 10, 2020 'for the sole purpose of facilitating and enforcing public health orders by the Department of Health' (Ex. DUT-SD-004, supplying the text of Ex. SD-090). The department's general statute lets it 'adopt and enforce... orders and rules necessary to preserve and protect the public health' and 'prohibit and suppress' 'the disinfection and quarantine of persons and places in case of disease' (34-1-17(5); Ex. DUT-SD-002), and its rules define the 'public health measure' it may impose 'on persons or property' to include 'environmental sanitation, closure of establishment, exclusion from duty, isolation, quarantine' (ARSD 44:20:01:01(38)), prescribe 'physical isolation for the period of communicability' for airborne diseases (44:20:03:02(1)), and make 'the owner or operator of the food producing, processing, or service establishment or the employer of the food handler... responsible for ensuring compliance' with the exclusion of infected food handlers (44:20:03:09; Ex. DUT-SD-003). 'Every person who intentionally commits any act which grossly endangers the public health is guilty of a Class 1 misdemeanor' (34-16-1; Ex. DUT-SD-005). Second, the emergency-management and municipal statutes. The Governor 'may control... the movement of persons within the area, and the occupancy of premises within the area' and 'make, amend, and rescind the necessary orders' (34-48A-5(5), 34-48A-9; Ex. DUT-SD-006, SD-033); chapter 34-48A carries no criminal penalty of its own, and the record says so. Every municipality 'shall have power to do what may be necessary or expedient for the promotion of health or the suppression of disease' (9-32-1; Ex. DUT-SD-008) and may punish ordinance violations up to the Class 2 misdemeanor ceiling (9-19-3, 22-6-2(2); Ex. DUT-SD-009, DUT-SD-007): the Sioux Falls, Rapid City and Brookings closure and reopening ordinances rested on those powers and carried those penalties (Ex. SD-039, SD-064, SD-070). Third, the workplace duty. South Dakota has no State OSHA plan; the general duty clause, 29 U.S.C. 654(a)(1), bound every private employer to furnish 'a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm' (Ex. DUT-SD-012), and OSHA enforced it against a Sioux Falls employer on September 10, 2020 (Ex. AGY-FED-LABOR-IMMIGRATION-031). State law adds the civil duty: 'An employer shall in all cases indemnify an employee for losses caused by the employer's want of ordinary care' (60-2-3; Ex. DUT-SD-010) and 'Every person is responsible for injury to the person... of another caused by... his want of ordinary care or skill' (20-9-1; Ex. DUT-SD-011). Fourth, the sanitary code: every food service and lodging establishment operates only under a Department of Health license, subject to summary suspension for 'a hazardous condition that may immediately endanger human life or be seriously detrimental to public health,' with a Class 2 misdemeanor for each day of operation after a notice of closure (34-18-9, -27, -27.1, -32; Ex. DUT-SD-015), and the Food Service Code commands that 'the person in charge must exclude an ill employee' (ARSD 44:02:07:07; Ex. DUT-SD-016). The liability shield, HB 1046 (SL 2021, ch 99; signed February 18, 2021; Ex. DUT-SD-013, DUT-SD-014), is recorded exactly: it bars exposure claims against premises possessors absent 'intentional exposure... with the intent to transmit COVID-19,' contains no compliance condition, and names the 'public health guidance' of the CDC, CMS, OSHA, the Governor and every State agency as the body of directives to which health-care acts responded. The operating conditions of the State's own orders are quoted from the library: EO 2020-12 ('All employers... shall: 6. Implement the recommended CDC hygiene practices and other business strategies... (staggering shifts, flexible schedules, employee screenings, etc.)'; Ex. SD-009) and EO 2020-20 ('Every South Dakotan shall implement and follow' the Back to Normal Plan, whose employer provisions are phrased as recommendations and whose FAQ states that businesses 'must adhere to any local restrictions'; Ex. SD-017). No South Dakota Attorney General opinion issued in 2020 or 2021 (the Attorney General's opinion archive lists none for either year), and no South Dakota court decision on business compliance with a COVID-19 directive was located; the enforcement record is federal (Ex. AGY-FED-LABOR-IMMIGRATION-031) and municipal (Ex. SD-039, SD-064, SD-070).

The phase question

Whether the measures employers took beyond the four corners of the emergency orders were voluntary within Notice 2021-20 Q&A-14, or were the discharge of standing duties imposed by South Dakota and federal law.

The State's standing duties

Ex. DUT-SD-001

SDCL ch. 34-22, Contagious Disease Control (§§ 34-22-5, 34-22-9, 34-22-14, 34-22-17, 34-22-18, 34-22-18.1, 34-22-41 to 34-22-44)

Contagious Disease Control: statewide system, rules on prevention, control, quarantine and isolation; enforcement; refusal to follow department directives as misdemeanor; injunction; public health emergency

South Dakota Legislature (codified statute administered by the Department of Health), South Dakota (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationWorkplace rulesQuarantine and isolationStanding duty
Character
statutory duty
Grade
Primary source read

Any person in the state reasonably suspected of having... any disease or condition which is the subject of a declared public health emergency pursuant to § 34-22-42, shall accept necessary diagnosis or treatment, or both. Any person who... fails to follow the reasonable and necessary directives of the department issued for the protection of other persons, is guilty of a Class 1 misdemeanor.

Enforcement: Class 1 misdemeanor (34-22-18): one year in county jail or $2,000 fine, or both (SDCL 22-6-2(1), Ex. DUT-SD-007); Class 2 misdemeanor (34-22-5): thirty days or $500; circuit-court injunction (34-22-18.1); judicial enforcement of any department order (34-1-28, Ex. DUT-SD-002)

Citation: South Dakota Legislature (codified statute administered by the Department of Health), SDCL ch. 34-22, Contagious Disease Control (§§ 34-22-5, 34-22-9, 34-22-14, 34-22-17, 34-22-18, 34-22-18.1, 34-22-41 to 34-22-44) (standing) (Ex. DUT-SD-001) Open the exhibit

Ex. DUT-SD-002

SDCL ch. 34-1, State Department of Health (§§ 34-1-17, 34-1-28)

Orders, rules and licensing for protection of public health, including the disinfection and quarantine of persons and places; judicial enforcement of department orders

South Dakota Legislature (codified statute administered by the Department of Health), South Dakota (State)

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

The Department of Health may adopt and enforce... orders and rules necessary to preserve and protect the public health and may regulate, by requiring licenses or other appropriate means, control, and, in proper cases, prohibit and suppress any of the following matters:... (5)... the disinfection and quarantine of persons and places in case of disease

Enforcement: Judicial enforcement of any department order or legal command (34-1-28); the Class 1 misdemeanor of 34-22-18 where a public health emergency is declared (Ex. DUT-SD-001)

Citation: South Dakota Legislature (codified statute administered by the Department of Health), SDCL ch. 34-1, State Department of Health (§§ 34-1-17, 34-1-28) (standing) (Ex. DUT-SD-002) Open the exhibit

Ex. DUT-SD-003

Administrative Rules of South Dakota, art. 44:20, Communicable Disease Control (chs. 44:20:01 to 44:20:04; §§ 44:20:01:01(38), 44:20:03:01, 44:20:03:02, 44:20:03:04, 44:20:03:05, 44:20:03:07, 44:20:03:09)

Communicable Disease Control rules: definition of 'public health measure' (environmental sanitation, closure of establishment, exclusion from duty, isolation, quarantine); control measures; public health notices to persons and to possessors of contaminated property; control measures for food handlers and the employer's responsibility

South Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17, 34-22-9 and 34-23-13), South Dakota (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureWorkplace rulesQuarantine and isolationStanding duty
Character
sanitary code duty
Grade
Primary source read

'Public health measure,' counseling, immunization, preventive therapy, chemoprophylaxis, environmental sanitation, closure of establishment, exclusion from duty, isolation, quarantine, or other epidemiologically accepted measure imposed on persons or property to reduce morbidity and mortality... (1) For airborne diseases, physical isolation for the period of communicability

Enforcement: The rules are enforced under SDCL 34-22-14 and 34-22-18 (Class 1 misdemeanor for failing to follow department directives under a declared public health emergency; Ex. DUT-SD-001), 34-1-28 (judicial enforcement; Ex. DUT-SD-002) and 34-22-18.1 (injunction)

Citation: South Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17, 34-22-9 and 34-23-13), Administrative Rules of South Dakota, art. 44:20, Communicable Disease Control (chs. 44:20:01 to 44:20:04; §§ 44:20:01:01(38), 44:20:03:01, 44:20:03:02, 44:20:03:04, 44:20:03:05, 44:20:03:07, 44:20:03:09) (standing) (Ex. DUT-SD-003) Open the exhibit

Ex. DUT-SD-004

Order Declaring Public Health Emergency 2020-01

Order Declaring Public Health Emergency (Minnehaha County), April 10, 2020

Kim Malsam-Rysdon, Secretary of the South Dakota Department of Health, with the consent and authorization of Governor Kristi Noem, Minnehaha County, South Dakota (declared by the State Secretary of Health) (State)

Dates
Standing (2020-04-10 ('shall be in effect immediately'))
Quarters
2020 Q2
Limitations
Emergency declarationQuarantine and isolationStanding duty
Character
order penalty
Grade
Primary source read

This state of public health emergency is being declared for the sole purpose of facilitating and enforcing public health orders by the Department of Health against individuals in Minnehaha County, South Dakota in the event such enforcement action(s) become necessary.

Enforcement: SDCL 34-22-18: Class 1 misdemeanor for failing to follow the department's directives under a declared public health emergency (Ex. DUT-SD-001); 34-22-18.1 injunction

Citation: Kim Malsam-Rysdon, Secretary of the South Dakota Department of Health, with the consent and authorization of Governor Kristi Noem, Order Declaring Public Health Emergency 2020-01 (Apr. 10, 2020) (Ex. DUT-SD-004) Open the exhibit

Ex. DUT-SD-005

SDCL ch. 34-16, Nuisances and Health Hazards (§§ 34-16-1, 34-16-2, 34-16-5, 34-16-19 to 34-16-21)

Act endangering public health as misdemeanor; release of disease germs as felony; access of health officers to places where a source of disease is suspected; notice to owner of nuisance or cause of sickness and abatement at owner's expense

South Dakota Legislature (codified statute), South Dakota (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
statutory duty
Grade
Primary source read

Every person who intentionally commits any act which grossly endangers the public health is guilty of a Class 1 misdemeanor.... All members, officers, and employees of the state department and local boards of health shall have the right to enter any building, conveyance, or place where contagion, infection... exists or is reasonably suspected to exist.

Enforcement: Class 1 misdemeanor (34-16-1): one year or $2,000 (Ex. DUT-SD-007); Class 2 felony for spreading disease germs with intent to infect (34-16-2); abatement at the owner's expense (34-16-20)

Citation: South Dakota Legislature (codified statute), SDCL ch. 34-16, Nuisances and Health Hazards (§§ 34-16-1, 34-16-2, 34-16-5, 34-16-19 to 34-16-21) (standing) (Ex. DUT-SD-005) Open the exhibit

Ex. DUT-SD-006

SDCL ch. 34-48A, Emergency Management (§§ 34-48A-1, 34-48A-2, 34-48A-5, 34-48A-9, 34-48A-49)

Emergency Management: Governor's authority in time of disaster or emergency, including control of the movement of persons and the occupancy of premises; power to make orders; immunity of emergency management workers complying with orders

South Dakota Legislature (codified statute administered by the Governor and the Department of Public Safety), South Dakota (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationStay-at-homeBusiness closureTravel and quarantine
Character
statutory authority
Grade
Primary source read

In the event of disaster, war, act of terrorism as defined in state law, or emergency that is beyond local government capability, the Governor:... (5) May control the ingress and egress in a designated disaster or emergency area, the movement of vehicles upon highways within the area, the movement of persons within the area, and the occupancy of premises within the area

Enforcement: None in chapter 34-48A (recorded exactly: the chapter authorizes orders but attaches no offense to their violation; the Governor's 2020-2021 orders recited no penalty). The offenses that reached pandemic conduct are SDCL 34-22-18, 34-16-1, 34-22-5, 34-18-32 and municipal ordinance penalties under 9-19-3 (Ex. DUT-SD-001, DUT-SD-005, DUT-SD-015, DUT-SD-009)

Citation: South Dakota Legislature (codified statute administered by the Governor and the Department of Public Safety), SDCL ch. 34-48A, Emergency Management (§§ 34-48A-1, 34-48A-2, 34-48A-5, 34-48A-9, 34-48A-49) (standing) (Ex. DUT-SD-006) Open the exhibit

Ex. DUT-SD-007

SDCL 22-6-2, Misdemeanor classes and penalties

Misdemeanor classes and penalties; act prohibited by statute without a stated penalty is a Class 2 misdemeanor

South Dakota Legislature (codified statute), South Dakota (State)

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

(1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both; (2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.

Enforcement: As quoted

Citation: South Dakota Legislature (codified statute), SDCL 22-6-2, Misdemeanor classes and penalties (standing) (Ex. DUT-SD-007) Open the exhibit

Ex. DUT-SD-008

SDCL ch. 9-32, Sanitation and Health Measures (§§ 9-32-1 to 9-32-4)

Municipal power for the promotion of health and the suppression of disease; city boards of health; inspection of food products and of persons employed in food service establishments and stores

South Dakota Legislature (codified statute conferring municipal powers), South Dakota (every municipality) (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureGathering capFace-covering requirementStanding duty
Character
statutory authority
Grade
Primary source read

Every municipality shall have power to do what may be necessary or expedient for the promotion of health or the suppression of disease.... Each first or second class municipality may appoint a board of health and prescribe its powers and duties subject to the supervision of the State Department of Health.

Enforcement: Ordinance penalties up to the Class 2 misdemeanor ceiling (SDCL 9-19-3, 22-6-2(2); Ex. DUT-SD-009, DUT-SD-007); Sioux Falls Ord. 28-20 § 3 added liquor-license referral and daily offenses (Ex. SD-039)

Citation: South Dakota Legislature (codified statute conferring municipal powers), SDCL ch. 9-32, Sanitation and Health Measures (§§ 9-32-1 to 9-32-4) (standing) (Ex. DUT-SD-008) Open the exhibit

Ex. DUT-SD-009

SDCL 9-19-3 and 9-19-3.1, Authority to enact ordinances, seek injunctive relief and establish penalties; criminal procedure for ordinance violations

Municipal authority to establish penalties for ordinance violations, not exceeding the Class 2 misdemeanor penalties of 22-6-2(2), and to seek injunctive relief

South Dakota Legislature (codified statute conferring municipal powers), South Dakota (every municipality) (State)

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

The municipality may seek injunctive relief and establish penalties for violations of ordinances and resolutions, not exceeding those specified in subdivision 22-6-2(2).... In a prosecution for the violation of any municipal ordinance or resolution that authorizes a criminal penalty, the proceedings are governed by the procedures set forth in title 23A.

Enforcement: Up to thirty days in county jail or $500 fine, or both, per violation (22-6-2(2), Ex. DUT-SD-007); each day a separate offense under the city ordinances (Ex. SD-039, SD-063, SD-068)

Citation: South Dakota Legislature (codified statute conferring municipal powers), SDCL 9-19-3 and 9-19-3.1, Authority to enact ordinances, seek injunctive relief and establish penalties; criminal procedure for ordinance violations (standing) (Ex. DUT-SD-009) Open the exhibit

Ex. DUT-SD-010

SDCL 60-2-1 and 60-2-3, Indemnification of employee by employer; employer to indemnify for own negligence

Employer's obligation to indemnify employees for losses caused by the employer's want of ordinary care

South Dakota Legislature (codified statute), South Dakota (State)

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

An employer shall in all cases indemnify an employee for losses caused by the employer's want of ordinary care.

Enforcement: Civil indemnity to the employee; read with SDCL 20-9-1 (Ex. DUT-SD-011) and, for exposure claims from Jan. 1, 2020, the intent-based bar of SDCL 21-68-2 and -3 (Ex. DUT-SD-013)

Citation: South Dakota Legislature (codified statute), SDCL 60-2-1 and 60-2-3, Indemnification of employee by employer; employer to indemnify for own negligence (standing) (Ex. DUT-SD-010) Open the exhibit

Ex. DUT-SD-011

SDCL 20-9-1, Responsibility for injury by willful act or negligence

Every person responsible for injury to another caused by want of ordinary care or skill

South Dakota Legislature (codified statute), South Dakota (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing duty
Character
statutory duty
Grade
Primary source read

Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care or skill, subject in the latter cases to the defense of contributory negligence.

Enforcement: Civil liability in tort

Citation: South Dakota Legislature (codified statute), SDCL 20-9-1, Responsibility for injury by willful act or negligence (standing) (Ex. DUT-SD-011) Open the exhibit

Ex. DUT-SD-012

29 U.S.C. § 654, Duties of employers and employees (2020 edition of the United States Code)

General duty clause and duty to comply with OSHA standards

Congress (Occupational Safety and Health Act of 1970, § 5), administered by OSHA, U.S. Department of Labor, United States (South Dakota is a federal-OSHA State with no State plan) (Federal)

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

(a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter.

Enforcement: Civil penalties under 29 U.S.C. § 666 (in 2020, up to $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); criminal penalties for willful violations causing death (§ 666(e))

Citation: Congress (Occupational Safety and Health Act of 1970, § 5), administered by OSHA, U.S. Department of Labor, 29 U.S.C. § 654, Duties of employers and employees (2020 edition of the United States Code) (standing) (Ex. DUT-SD-012) Open the exhibit

Ex. DUT-SD-013

2021 House Bill 1046 (enrolled), An Act to limit liability for certain exposures to COVID-19, adding SDCL ch. 21-68

Limitation of liability for exposure to COVID-19: diagnosis and intentional-exposure requirement; premises possessors; health care providers; PPE; construction; applicability to exposures between January 1, 2020 and December 31, 2022

South Dakota Legislature (96th Session); signed by Governor Kristi Noem, South Dakota (State)

Dates
Standing (2021-07-01 (no emergency clause; general effective date of 2021 session laws), applying by § 7 to exposures, injuries and claims 'that occur, accrue, or begin... between January 1, 2020 and December 31, 2022')
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
liability shield condition
Grade
Primary source read

A person who possesses or is in control of a premises... shall not be liable for damages for any injuries sustained from the individual's exposure to COVID-19, whether the exposure occurs on the premises or during any activity managed by the person... unless the person... intentionally exposes the individual to COVID-19 with the intent to transmit COVID-19.

Enforcement: n/a (limitation of civil liability); § 6: the Act does not 'abrogate, amend, repeal, alter, or affect any statutory or common law immunity or limitation of liability' and 'COVID-19 is not an occupational disease under state law'

Citation: South Dakota Legislature (96th Session); signed by Governor Kristi Noem, 2021 House Bill 1046 (enrolled), An Act to limit liability for certain exposures to COVID-19, adding SDCL ch. 21-68 (Feb. 18, 2021) (Ex. DUT-SD-013) Open the exhibit

Ex. DUT-SD-014

SDCL ch. 21-68, Limitation of Liability for Exposure to COVID-19 (§§ 21-68-1 to 21-68-6)

Limitation of Liability for Exposure to COVID-19 (codified chapter)

South Dakota Legislature (codified statute), South Dakota (State)

Dates
Standing (2021-07-01)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
liability shield condition
Grade
Primary source read

A person may not bring or maintain any action or claim for damages or relief alleging exposure or potential exposure to COVID-19 unless the exposure results in a COVID-19 diagnosis and the exposure is the result of intentional exposure with the intent to transmit COVID-19.

Enforcement: n/a (limitation of civil liability)

Citation: South Dakota Legislature (codified statute), SDCL ch. 21-68, Limitation of Liability for Exposure to COVID-19 (§§ 21-68-1 to 21-68-6) (standing) (Ex. DUT-SD-014) Open the exhibit

Ex. DUT-SD-015

SDCL ch. 34-18 (§§ 34-18-2, 34-18-9, 34-18-22, 34-18-27, 34-18-27.1, 34-18-27.3, 34-18-32)

Health regulation of lodging and food service establishments: license required; minimum public health and safety rules; summary suspension on discovery of a hazardous condition; suspension or revocation for conduct detrimental to public health; violation as misdemeanor with each day a separate offense

South Dakota Legislature (codified statute administered by the Secretary of Health), South Dakota (State)

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

The secretary of health, upon determining the existence of a hazardous condition that may immediately endanger human life or be seriously detrimental to public health may... summarily suspend the license of any... food service establishment... Any... owner violating the provisions of this chapter or the rules... shall be guilty of a Class 2 misdemeanor

Enforcement: Class 2 misdemeanor, each day a separate offense (34-18-32; 22-6-2(2), Ex. DUT-SD-007); summary license suspension (34-18-27); denial, suspension or revocation (34-18-27.1)

Citation: South Dakota Legislature (codified statute administered by the Secretary of Health), SDCL ch. 34-18 (§§ 34-18-2, 34-18-9, 34-18-22, 34-18-27, 34-18-27.1, 34-18-27.3, 34-18-32) (standing) (Ex. DUT-SD-015) Open the exhibit

Ex. DUT-SD-016

Administrative Rules of South Dakota, ch. 44:02:07, Food Service Code (§§ 44:02:07:02, 44:02:07:03, 44:02:07:06, 44:02:07:07, 44:02:07:09 to 44:02:07:12)

Food Service Code: person in charge; employee health reporting; employee exclusions and restrictions; removal of exclusions; interpretation conformed to the FDA Food Code

South Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17 and 34-18-22), South Dakota (State)

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

The person in charge must exclude an ill employee or advise the employee to seek medical diagnosis. Upon receipt of medical documentation, the person in charge must restrict or exclude the employee in the following manner: (1) Exclude a food employee from a food establishment if the food employee is diagnosed with an infectious agent specified in subdivision 44:02:07:06(1)

Enforcement: SDCL 34-18-32: Class 2 misdemeanor, each day a separate offense; 34-18-27 summary suspension; 34-18-27.1(5) revocation for violating the rules (Ex. DUT-SD-015)

Citation: South Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17 and 34-18-22), Administrative Rules of South Dakota, ch. 44:02:07, Food Service Code (§§ 44:02:07:02, 44:02:07:03, 44:02:07:06, 44:02:07:07, 44:02:07:09 to 44:02:07:12) (standing) (Ex. DUT-SD-016) Open the exhibit

Ex. DUT-SD-017

SDCL 21-10-1 and 21-10-5, Acts and omissions constituting nuisances; remedies

Nuisance defined to include omitting to perform a duty that endangers the health or safety of others; remedies by civil action, abatement and, for public nuisances, indictment

South Dakota Legislature (codified statute), South Dakota (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing duty
Character
sanitary code duty
Grade
Primary source read

A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either: (1) Annoys, injures, or endangers the comfort, repose, health, or safety of others;... (4) In any way renders other persons insecure in life, or in the use of property.

Enforcement: Civil action; abatement; indictment or information for a public nuisance (21-10-5)

Citation: South Dakota Legislature (codified statute), SDCL 21-10-1 and 21-10-5, Acts and omissions constituting nuisances; remedies (standing) (Ex. DUT-SD-017) Open the exhibit

Ex. DUT-SD-018

Flyer: 'Combat the Spread of COVID-19: Follow the Governor's Executive Order. What can community leaders do?' (dated April 3, 2020)

What can community leaders do? Support your community; support your businesses; stick to the facts

South Dakota Department of Health / covid.sd.gov (Office of the Governor), South Dakota (State)

Dates
Standing (n/a (guidance))
Quarters
2020 Q2
Limitations
Telework mandateGathering capWorkplace rules
Character
recommendation only
Grade
Primary source read

Eliminate gatherings of 10 or more when separation of at least 6 feet is not possible... Work with businesses to implement daily health checks and screening of employees when entering the workplace... Encourage businesses to allow employees to telework if possible or use alternative work schedules to allow social distancing.

Enforcement: None in the flyer; the underlying directives of EO 2020-12 were mandatory ('shall') without a recited penalty (Ex. SD-009)

Citation: South Dakota Department of Health / covid.sd.gov (Office of the Governor), Flyer: 'Combat the Spread of COVID-19: Follow the Governor's Executive Order. What can community leaders do?' (dated April 3, 2020) (Apr. 3, 2020) (Ex. DUT-SD-018) Open the exhibit

Ex. DUT-SD-019

Checklist for Communities (COVID-19): Plan and Prepare; Take Action

Checklist for Communities

South Dakota Department of Health / covid.sd.gov, South Dakota (State)

Dates
Standing (n/a (guidance))
Quarters
2020 Q2
Limitations
Gathering capWorkplace rulesOther
Character
recommendation only
Grade
Primary source read

Plan for staff absences by developing flexible attendance and sick-leave policies, plan for alternative coverage, and monitor and track COVID-19 related staff absences.... Emphasize everyday preventive actions through intensified communications with employees and visitors.... During an event, if someone becomes sick separate them into an isolated room and ask them to leave as soon as possible.

Enforcement: None; advisory

Citation: South Dakota Department of Health / covid.sd.gov, Checklist for Communities (COVID-19): Plan and Prepare; Take Action (Apr. 12, 2020) (Ex. DUT-SD-019) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

29 U.S.C. 654 (OSH Act § 5, the general duty clause)

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), United States (Federal)

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

(a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.

Enforcement: 29 U.S.C. 666: civil penalties for serious, other-than-serious, willful and repeated violations (2020-2021 maxima $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); willful violations causing death are criminal (29 U.S.C. 666(e)).

Citation: Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001) Open the exhibit

Ex. DUT-FED-002

29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)

Judicial review; discharge or discrimination against employee for exercise of rights

Congress (OSH Act § 11(c)), United States (Federal)

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

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.

Enforcement: 29 U.S.C. 660(c)(2): Secretary's suit in district court for reinstatement with back pay and 'all appropriate relief'

Citation: Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002) Open the exhibit

Ex. DUT-FED-003

29 C.F.R. 1910.132 (personal protective equipment, general requirements)

General requirements (Subpart I, Personal Protective Equipment)

Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), United States (Federal)

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

(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment... (d)(1) The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE).

Enforcement: 29 U.S.C. 666 (civil penalties per violation)

Citation: Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003) Open the exhibit

Ex. DUT-FED-004

29 C.F.R. 1910.134 (respiratory protection)

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

(a)(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program... (c)(1)... the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004) Open the exhibit

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

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

(a)(3)(i) All places of employment shall be kept clean to the extent that the nature of the work allows.... (d)(1) Washing facilities shall be maintained in a sanitary condition.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005) Open the exhibit

Ex. DUT-FED-006

29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

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

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

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

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
agency position statement
Grade
Primary source read

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates
Standing (2021-01-29)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-08-13)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-06)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

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

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates
Standing (2020-09-09)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates
Standing (2020-09-11)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates
Standing (2021-04-22)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates
Standing (2021-04-15)
Quarters
2020 Q42021 Q2
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates
Standing (2020-10-09)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-11-06)
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rules
Character
agency enforcement summary
Grade
Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates
Standing (2020-12-08)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates
Standing (2021-04-20)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testingStanding duty
Character
regulatory duty
Grade
Primary source read

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
liability shield condition
Grade
Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates
Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Other
Character
agency interpretation
Grade
Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

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

Dates
Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Vaccination or testingOther
Character
liability shield condition
Grade
Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates
Standing (2020-04-17)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-09-08)
Quarters
2020 Q32020 Q4
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

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

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

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

Dates
Standing (2020-03-21)
Quarters
2020 Q2
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

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

Dates
Standing (2020-05-06)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates
Standing (2020-03-18)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

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

Dates
Standing (2020-07-15)
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-04-26)
Quarters
2020 Q22020 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character
agency guidance recommendation
Grade
Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-07-09)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

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

Dates
Standing (2020-04-08)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

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

Dates
Standing (2020-05-27)
Quarters
2020 Q22020 Q3
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates
Standing (2020-03-13)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rules
Character
agency position statement
Grade
Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates
Standing (2021-01-08)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates
Standing (2021-10-01)
Quarters
2021 Q22021 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-12-16)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2021-05-28)
Quarters
2021 Q22021 Q3
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-06-10)
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates
Standing (2022-06-06)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Character
adjudication
Grade
Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

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

This section applies the five-step test of section 3 to a business in South Dakota 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 272 instruments in force for this selection: 48 instruments from the State of South Dakota (Cheyenne River Sioux Tribe (complaint filed in the U.S. District Court for the District of Columbia), Complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C. June 23, 2020), reciting Emergency Executive Orders 02.1-2020-CR (Apr. 1, 2020; checkpoints and travel plans), 02.2-2020-CR (Apr. 8, 2020; 14-day quarantines) and successors (Ex. SD-044); Governor Kristi Noem, Executive Order 2020-08 (Mar. 23, 2020) (Ex. SD-005); Sioux Falls City Council, adopting the Sioux Falls Board of Health Second Amended and Restated Regulations, Ordinance No. 28-20 (Mar. 26, 2020) (Ex. SD-039); and 45 more), 179 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190); and 176 more) and 45 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 43 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CB (Ex. SD-039); DR/BA (Ex. SD-040); CT (Ex. SD-060); FC (Ex. SD-094); TR (Ex. SD-003); EMER (Ex. SD-091); OF (Ex. SD-003); SF (Ex. SD-065); SL (Ex. SD-069); WF (Ex. SD-015).

Step three, the change compelled. Cheyenne River Sioux Tribe (complaint filed in the U.S. District Court for the District of Columbia), Complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C. June 23, 2020), reciting Emergency Executive Orders 02.1-2020-CR (Apr. 1, 2020; checkpoints and travel plans), 02.2-2020-CR (Apr. 8, 2020; 14-day quarantines) and successors (Ex. SD-044) ordered: "On March 13, 2020, the Cheyenne River Sioux Tribal government declared a State of Emergency... including: school and government office closures; a Reservation-wide travel ban for all government employees; and restrictions on Reservation-based organizations bringing non-resident individuals and…" Enforcement: Tribal civil regulatory authority; Health Safety Checkpoints on U.S. 212 and S.D. 63 Governor Kristi Noem, Executive Order 2020-08 (Mar. 23, 2020) (Ex. SD-005) ordered: "do hereby Order and Direct the following:... All employers, both for profit and not-for-profit, within the State of South Dakota should:... 9. Encourage staff to telework if possible, implement social distancing measures, limit unnecessary work gatherings, limit non-essential travel... Any 'enclosed…" Enforcement: Hortatory ('should'); Limitation B: creates no right enforceable at law; read with CISA memorandum of Mar. 19, 2020 Sioux Falls City Council, adopting the Sioux Falls Board of Health Second Amended and Restated Regulations, Ordinance No. 28-20 (Mar. 26, 2020) (Ex. SD-039) ordered: "The following City buildings and venues will remain closed to the general public: a. Denny Sanford PREMIER Center; b. Sioux Falls Convention Center; c. Sioux Falls Arena; d. Orpheum Theater; e. Washington Pavilion of Arts and Science; f. Midco Aquatic Center; g. Great Plains Zoo & Delbridge…" Enforcement: Section 3: general penalty of Sioux Falls Code § 10.999; injunction; for licensees under SDCL Title 35, 'a mandatory recommendation to the South Dakota… 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. Complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C. June 23… (Ex. SD-044) was in force from Apr. 30, 2020 to Sept. 30, 2020, 62 of the quarter's 110 days; Executive Order 2020-08 (Ex. SD-005) was in force from Mar. 23, 2020 to May 2, 2020, 41 of the quarter's 110 days; Ordinance No. 28-20 (Ex. SD-039) was in force from Mar. 26, 2020 to Apr. 8, 2020, 14 of the quarter's 110 days. Of the 48 instruments in the quarter's record, 4 were in force on its first day, 32 on its last day and 4 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 239 instruments in force for this selection: 30 instruments from the State of South Dakota (Cheyenne River Sioux Tribe (complaint filed in the U.S. District Court for the District of Columbia), Complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C. June 23, 2020), reciting Emergency Executive Orders 02.1-2020-CR (Apr. 1, 2020; checkpoints and travel plans), 02.2-2020-CR (Apr. 8, 2020; 14-day quarantines) and successors (Ex. SD-044); Rapid City Common Council, Ordinance No. 6413 (April 2020 readoption of the March 27 closures) and the June 2020 extension of the COVID regulations to the end of July 2020 (Apr. 6, 2020) (Ex. SD-094); Brookings City Council, Ordinance 20-010 (July 7, 2020) (Ex. SD-072); and 27 more), 163 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); and 160 more) and 46 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 44 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: DR/BA (Ex. SD-094); EMER (Ex. SD-091); FC (Ex. SD-094); CB (Ex. SD-094); CT (Ex. SD-052); MASK (Ex. SD-052); SF (Ex. SD-072); SL (Ex. SD-072); WF (Ex. SD-072); AM casinos (Ex. SD-020).

Step three, the change compelled. Cheyenne River Sioux Tribe (complaint filed in the U.S. District Court for the District of Columbia), Complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C. June 23, 2020), reciting Emergency Executive Orders 02.1-2020-CR (Apr. 1, 2020; checkpoints and travel plans), 02.2-2020-CR (Apr. 8, 2020; 14-day quarantines) and successors (Ex. SD-044) ordered: "On March 13, 2020, the Cheyenne River Sioux Tribal government declared a State of Emergency... including: school and government office closures; a Reservation-wide travel ban for all government employees; and restrictions on Reservation-based organizations bringing non-resident individuals and…" Enforcement: Tribal civil regulatory authority; Health Safety Checkpoints on U.S. 212 and S.D. 63 Rapid City Common Council, Ordinance No. 6413 (April 2020 readoption of the March 27 closures) and the June 2020 extension of the COVID regulations to the end of July 2020 (Apr. 6, 2020) (Ex. SD-094) ordered: "[SD-064 recital:] the City adopted an emergency ordinance pursuant to SDCL 9-29-1 and 9-32-1... the emergency ordinance allows the City Council to enact further restrictions on public gatherings and public movements it deems necessary... shall be in violation of Ordinance 6413. [SD-067, June 3…" Enforcement: Rapid City Municipal Code § 1.12.010 Brookings City Council, Ordinance 20-010 (July 7, 2020) (Ex. SD-072) ordered: "c) Restaurants, bars, and casinos shall be limited to a maximum of ten (10) customers or a capacity of one-half of their maximum posted capacity, whichever is greater.... e) Grocery stores, retail businesses, recreation and fitness businesses shall be limited to a maximum of ten (10) customers or a…" Enforcement: Fine; legal action to close the business 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. Complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C. June 23… (Ex. SD-044) was in force from Apr. 30, 2020 to Sept. 30, 2020, 92 of the quarter's 92 days; Ordinance No. 6413 (April 2020 readoption of the March 27 closures) and the June 2020… (Ex. SD-094) was in force from Apr. 6, 2020 to Sept. 30, 2020, 92 of the quarter's 92 days; Ordinance 20-010 (Ex. SD-072) was in force from July 7, 2020 to Dec. 31, 2020, 86 of the quarter's 92 days. Of the 30 instruments in the quarter's record, 23 were in force on its first day, 26 on its last day and 21 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the fourth quarter of 2020 the Library holds 247 instruments in force for this selection: 38 instruments from the State of South Dakota (City of Brookings, Current COVID-19 Phase Quick Guide (Phasing Plan) (Oct. 27, 2020) (Ex. SD-076); Brookings City Council, Ordinance 20-010 (July 7, 2020) (Ex. SD-072); Brookings City Council, Ordinance 20-017 (Sept. 2, 2020) (Ex. SD-073); and 35 more), 160 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); and 157 more) and 49 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 47 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: DR/BA (Ex. SD-072); MASK (Ex. SD-049); FC (Ex. SD-072); SF (Ex. SD-072); CT (Ex. SD-055); SL (Ex. SD-072); CB (Ex. SD-074); EMER (Ex. SD-091); WF (Ex. SD-072); AM casinos (Ex. SD-020).

Step three, the change compelled. City of Brookings, Current COVID-19 Phase Quick Guide (Phasing Plan) (Oct. 27, 2020) (Ex. SD-076) ordered: "PHASE 1/SEVERE: Stay at Home Ordinance: 20-006... Essential business/organization operations only. Non-Essential work from home required. PHASE 2/HIGH: Ordinance: 20-005... Bars, restaurants, salons, indoor entertainment facilities, etc. closed to public. PHASE 3/MODERATE: Ordinance: 20-010... 50%…" Enforcement: Explanatory Brookings City Council, Ordinance 20-010 (July 7, 2020) (Ex. SD-072) ordered: "c) Restaurants, bars, and casinos shall be limited to a maximum of ten (10) customers or a capacity of one-half of their maximum posted capacity, whichever is greater.... e) Grocery stores, retail businesses, recreation and fitness businesses shall be limited to a maximum of ten (10) customers or a…" Enforcement: Fine; legal action to close the business Brookings City Council, Ordinance 20-017 (Sept. 2, 2020) (Ex. SD-073) ordered: "Ordinance 20-010 shall remain in effect for an additional period of sixty (60) days, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council." Enforcement: As Ordinance 20-010 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. Current COVID-19 Phase Quick Guide (Phasing Plan) (Ex. SD-076) was in force from Oct. 27, 2020 to Dec. 31, 2020, 66 of the quarter's 92 days; Ordinance 20-010 (Ex. SD-072) was in force from July 7, 2020 to Dec. 31, 2020, 92 of the quarter's 92 days; Ordinance 20-017 (Ex. SD-073) was in force from Sept. 2, 2020 to Dec. 31, 2020, 92 of the quarter's 92 days. Of the 38 instruments in the quarter's record, 22 were in force on its first day, 30 on its last day and 16 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the fourth quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the first quarter of 2021 the Library holds 250 instruments in force for this selection: 31 instruments from the State of South Dakota (Presiding Judge Robin J. Houwman, Standing Order Regarding COVID-19 Courthouse Security Measures, CIV. 20-4 (October 20, 2020) (Oct. 20, 2020) (Ex. SD-049); Brookings City Council, Ordinance 20-029 (marked version) (Dec. 15, 2020) (Ex. SD-077); Brookings City Council, Ordinance 21-001 (Feb. 9, 2021) (Ex. SD-078); and 28 more), 175 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); and 172 more) and 44 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 42 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: MASK (Ex. SD-049); CT (Ex. SD-055); DR/BA (Ex. SD-077); CB (Ex. SD-092); DM driver licensing (Ex. SD-036); EMER (Ex. SD-091); EV events (Ex. SD-078); FC (Ex. SD-062); SF (Ex. SD-077); SL (Ex. SD-077).

Step three, the change compelled. Presiding Judge Robin J. Houwman, Standing Order Regarding COVID-19 Courthouse Security Measures, CIV. 20-4 (October 20, 2020) (Oct. 20, 2020) (Ex. SD-049) ordered: "1. All persons entering the Minnehaha County Courthouse or the Courthouse portion of the Lincoln County Administration Building (the Courthouses) shall wear protective facial coverings such as a mask, scarf, bandana or other cloth which covers the nose and mouth... 2. No one, including the public…" Enforcement: Court Security Officers may question and deny entry Brookings City Council, Ordinance 20-029 (marked version) (Dec. 15, 2020) (Ex. SD-077) ordered: "Whereas, it is important that control measures, including requiring face masks in indoor places, continue to be taken... the City Council believes the occupancy, social distancing and face covering restrictions should be continued" Enforcement: Violation of the ordinance Brookings City Council, Ordinance 21-001 (Feb. 9, 2021) (Ex. SD-078) ordered: "Restaurants, bars, and casinos shall be limited to a maximum capacity of one-half (1/2) of their maximum posted capacity. Capacity must be posted at the front of the business.... Grocery stores, retail businesses, recreation and fitness businesses shall be limited to a maximum capacity of one-half…" Enforcement: Violation of the ordinance 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. Standing Order Regarding COVID-19 Courthouse Security Measures, CIV. 20-4 (October 20… (Ex. SD-049) was in force from Oct. 20, 2020 to Apr. 6, 2021, 90 of the quarter's 90 days; Ordinance 20-029 (marked version) (Ex. SD-077) was in force from Dec. 15, 2020 to Feb. 9, 2021, 40 of the quarter's 90 days; Ordinance 21-001 (Ex. SD-078) was in force from Feb. 9, 2021 to Mar. 23, 2021, 43 of the quarter's 90 days. Of the 31 instruments in the quarter's record, 23 were in force on its first day, 23 on its last day and 18 on every day of the quarter.

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

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Step one, the orders. In the second quarter of 2021 the Library holds 245 instruments in force for this selection: 31 instruments from the State of South Dakota (Presiding Judge Robin J. Houwman, Standing Order Regarding COVID-19 Courthouse Security Measures, CIV. 20-4 (October 20, 2020) (Oct. 20, 2020) (Ex. SD-049); Governor Kristi Noem, Executive Order 2020-04 (Mar. 13, 2020) (Ex. SD-001); South Dakota Supreme Court (Gilbertson, C.J.), Order Declaring Judicial Emergency COVID-19 Disease (Mar. 13, 2020) (Ex. SD-045); and 28 more), 165 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334); and 162 more) and 49 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 47 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: MASK (Ex. SD-049); CT (Ex. SD-055); OTHER (Ex. SD-030); DM driver licensing (Ex. SD-036); QUAR (Ex. SD-059); AP appraiser continuing education (Ex. SD-016); BD public bidding moved to teleconference (Ex. SD-011); CAP courtrooms half occupancy (Ex. SD-049); CB (Ex. SD-041); CH dentists at vaccination sites (Ex. SD-029).

Step three, the change compelled. Presiding Judge Robin J. Houwman, Standing Order Regarding COVID-19 Courthouse Security Measures, CIV. 20-4 (October 20, 2020) (Oct. 20, 2020) (Ex. SD-049) ordered: "1. All persons entering the Minnehaha County Courthouse or the Courthouse portion of the Lincoln County Administration Building (the Courthouses) shall wear protective facial coverings such as a mask, scarf, bandana or other cloth which covers the nose and mouth... 2. No one, including the public…" Enforcement: Court Security Officers may question and deny entry Governor Kristi Noem, Executive Order 2020-04 (Mar. 13, 2020) (Ex. SD-001) ordered: "I do hereby declare that a State of Emergency exists in all counties in the State of South Dakota and direct the plans and procedures of the State Emergency Operations Plan to be implemented.... I direct and order that the South Dakota Department of Health, by and through the secretary, has the…" Enforcement: Predicate declaration; SDCL 34-48A powers South Dakota Supreme Court (Gilbertson, C.J.), Order Declaring Judicial Emergency COVID-19 Disease (Mar. 13, 2020) (Ex. SD-045) ordered: "1. The South Dakota Supreme Court declares the existence of a judicial emergency pursuant to SDCL 16-3-11 through 15. 2. After first consulting with the Chief Justice... the presiding judges of South Dakota's seven judicial circuits are authorized to adopt, modify and suspend court rules and orders…" Enforcement: Supreme Court order; circuit orders approved thereunder 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. Standing Order Regarding COVID-19 Courthouse Security Measures, CIV. 20-4 (October 20… (Ex. SD-049) was in force from Oct. 20, 2020 to Apr. 6, 2021, 6 of the quarter's 91 days; Executive Order 2020-04 (Ex. SD-001) was in force from Mar. 13, 2020 to June 30, 2021, 91 of the quarter's 91 days; Order Declaring Judicial Emergency COVID-19 Disease (Ex. SD-045) was in force from Mar. 13, 2020 to Sept. 8, 2021, 91 of the quarter's 91 days. Of the 31 instruments in the quarter's record, 22 were in force on its first day, 23 on its last day and 17 on every day of the quarter.

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

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

Step one, the orders. In the third quarter of 2021 the Library holds 224 instruments in force for this selection: 13 instruments from the State of South Dakota (South Dakota Supreme Court (Gilbertson, C.J.), Order Declaring Judicial Emergency COVID-19 Disease (Mar. 13, 2020) (Ex. SD-045); South Dakota Supreme Court (Gilbertson, C.J.), Order Suspending 180-Day Rule (23A-44-5.1) (Mar. 13, 2020) (Ex. SD-046); Governor Kristi Noem, Executive Order 2020-11 (Apr. 2, 2020) (Ex. SD-008); and 10 more), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 44 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 42 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CT (Ex. SD-084); MASK (Ex. SD-084); CB (Ex. SD-041); CT continuing pandemic procedures (Ex. SD-086); CT courthouse access in the Sioux Falls circuit through Q3 2021 (Ex. SD-088); CT courts statewide in Q3 2021 (Ex. SD-083); CT courts, clerks, jurors, litigants statewide (Ex. SD-045); CT criminal dockets delayed (Ex. SD-046); CT jury trials in the Fifth Circuit subject to a moratorium framework from March 16, 2020, discretionary from April 15, 2021, through Q3 2021 (Ex. SD-089); EMER predicate (Ex. SD-008).

Step three, the change compelled. South Dakota Supreme Court (Gilbertson, C.J.), Order Declaring Judicial Emergency COVID-19 Disease (Mar. 13, 2020) (Ex. SD-045) ordered: "1. The South Dakota Supreme Court declares the existence of a judicial emergency pursuant to SDCL 16-3-11 through 15. 2. After first consulting with the Chief Justice... the presiding judges of South Dakota's seven judicial circuits are authorized to adopt, modify and suspend court rules and orders…" Enforcement: Supreme Court order; circuit orders approved thereunder South Dakota Supreme Court (Gilbertson, C.J.), Order Suspending 180-Day Rule (23A-44-5.1) (Mar. 13, 2020) (Ex. SD-046) ordered: "it has become necessary for courts in all counties statewide to limit public gatherings or otherwise significantly modify their regular operations... the provisions of SDCL 23A-44-5.1, commonly known as the 180-day rule, are hereby suspended effective as of March 13, 2020, for all counties statewide…" Enforcement: Supreme Court order Governor Kristi Noem, Executive Order 2020-11 (Apr. 2, 2020) (Ex. SD-008) ordered: "the emergency continues to exist as COVID-19 severely impacts and interrupts nearly every aspect of daily lives of all South Dakotans... State, tribal, and local officials and citizens have suffered great economic losses or hardships as a result of the massive impact and interruption of global…" Enforcement: Declaration 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. Order Declaring Judicial Emergency COVID-19 Disease (Ex. SD-045) was in force from Mar. 13, 2020 to Sept. 8, 2021, 70 of the quarter's 92 days; Order Suspending 180-Day Rule (23A-44-5.1) (Ex. SD-046) was in force from Mar. 13, 2020 to Sept. 8, 2021, 70 of the quarter's 92 days; Executive Order 2020-11 (Ex. SD-008) was in force from Apr. 2, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 13 instruments in the quarter's record, 9 were in force on its first day, 6 on its last day and 3 on every day of the quarter.

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

7. Exhibit list

Every instrument cited in this report, by exhibit identifier: 414 records, of which The COVID Project holds the document for 401. 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-LABOR-IMMIGRATION-031OSHA citation of Smithfield Packaged Meats Corp., Sioux Falls, South Dakota, for a General Duty Clause violation (proposed penalty $13,494), announced Sept. 10…OSHA Sioux Falls Area Office; DOL Office of Public Affairs news releaseSept. 10, 2020OSHA Sioux Falls Area Office; DOL Office of Public Affairs news release, OSHA citation of Smithfield Packaged Meats Corp., Sioux Falls, South Dakota, for a General Duty Clause violation (proposed penalty $13,494), announced Sept. 10, 2020 (Ex. AGY-FED-LABOR-IMMIGRATION-031)/library/AGY-FED-LABOR-IMMIGRATION-031/exhibit/AGY-FED-LABOR-IMMIGRATION-031
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. DUT-FED-00229 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)Congress (OSH Act § 11(c))standingCongress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)/library/DUT-FED-002/exhibit/DUT-FED-002
Ex. DUT-FED-00329 C.F.R. 1910.132 (personal protective equipment, general requirements)Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)standingOccupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)/library/DUT-FED-003/exhibit/DUT-FED-003
Ex. DUT-FED-00429 C.F.R. 1910.134 (respiratory protection)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)/library/DUT-FED-004/exhibit/DUT-FED-004
Ex. DUT-FED-00529 C.F.R. 1910.141 (sanitation)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)/library/DUT-FED-005/exhibit/DUT-FED-005
Ex. DUT-FED-00629 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)/library/DUT-FED-006/exhibit/DUT-FED-006
Ex. DUT-FED-00729 C.F.R. 1910.1030 (bloodborne pathogens)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)/library/DUT-FED-007/exhibit/DUT-FED-007
Ex. DUT-FED-00829 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))standingOccupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)/library/DUT-FED-008/exhibit/DUT-FED-008
Ex. DUT-FED-009OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')standingOccupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)/library/DUT-FED-009/exhibit/DUT-FED-009
Ex. DUT-FED-010Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))standingOccupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)/library/DUT-FED-010/exhibit/DUT-FED-010
Ex. DUT-FED-011Protecting Workers guidance, as updated August 13, 2021Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)/library/DUT-FED-011/exhibit/DUT-FED-011
Ex. DUT-FED-013Guidance on Returning to Work (OSHA 4045, June 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)/library/DUT-FED-013/exhibit/DUT-FED-013
Ex. DUT-FED-015Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)standingOSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)/library/DUT-FED-015/exhibit/DUT-FED-015
Ex. DUT-FED-016Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)OSHA, Denver Area Office (Inspection No. 1475131)standingOSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)/library/DUT-FED-016/exhibit/DUT-FED-016
Ex. DUT-FED-017Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)standingOSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)/library/DUT-FED-017/exhibit/DUT-FED-017
Ex. DUT-FED-018Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)OSHA, Hartford Area Office (Inspection No. 1505094)standingOSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)/library/DUT-FED-018/exhibit/DUT-FED-018
Ex. DUT-FED-019Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)OSHA, Hartford Area Office (Inspection No. 1472908)standingOSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)/library/DUT-FED-019/exhibit/DUT-FED-019
Ex. DUT-FED-020Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)/library/DUT-FED-020/exhibit/DUT-FED-020
Ex. DUT-FED-021Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)OSHA, Avenel Area Office (Inspection No. 1480762)standingOSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)/library/DUT-FED-021/exhibit/DUT-FED-021
Ex. DUT-FED-022Citation, United States Postal Service, Washington, DC (general duty clause)OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)standingOSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)/library/DUT-FED-022/exhibit/DUT-FED-022
Ex. DUT-FED-02342 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)standingCenters for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)/library/DUT-FED-023/exhibit/DUT-FED-023
Ex. DUT-FED-02442 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)Centers for Medicare & Medicaid Services (hospital condition of participation)standingCenters for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)/library/DUT-FED-024/exhibit/DUT-FED-024
Ex. DUT-FED-02542 U.S.C. 247d-6d (PREP Act targeted liability protections)Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)standingCongress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)/library/DUT-FED-025/exhibit/DUT-FED-025
Ex. DUT-FED-026Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)standingDepartment of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)/library/DUT-FED-026/exhibit/DUT-FED-026
Ex. DUT-FED-027Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190Secretary of Health and Human Services (Alex M. Azar II)standingSecretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)/library/DUT-FED-027/exhibit/DUT-FED-027
Ex. DUT-FED-029Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and CrewsFederal Aviation Administration, Flight Standards Service (with the CDC)standingFederal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)/library/DUT-FED-029/exhibit/DUT-FED-029
Ex. DUT-FED-030What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)/library/DUT-FED-030/exhibit/DUT-FED-030
Ex. DUT-FED-03142 U.S.C. 12113 (ADA defenses; direct threat)Congress (Americans with Disabilities Act § 103)standingCongress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)/library/DUT-FED-031/exhibit/DUT-FED-031
Ex. DUT-FED-03229 C.F.R. 1630.2(r) (definition of direct threat)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)/library/DUT-FED-032/exhibit/DUT-FED-032
Ex. DUT-FED-03329 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)/library/DUT-FED-033/exhibit/DUT-FED-033
Ex. DUT-FED-034Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)/library/DUT-FED-034/exhibit/DUT-FED-034
Ex. DUT-FED-035Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)/library/DUT-FED-035/exhibit/DUT-FED-035
Ex. DUT-FED-037Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)standingFederal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)/library/DUT-FED-037/exhibit/DUT-FED-037
Ex. DUT-FED-060Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)/library/DUT-FED-060/exhibit/DUT-FED-060
Ex. DUT-FED-061Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)/library/DUT-FED-061/exhibit/DUT-FED-061
Ex. DUT-FED-062Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)/library/DUT-FED-062/exhibit/DUT-FED-062
Ex. DUT-FED-063Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)/library/DUT-FED-063/exhibit/DUT-FED-063
Ex. DUT-FED-064Considerations for Restaurants and Bars (updated May 27, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)/library/DUT-FED-064/exhibit/DUT-FED-064
Ex. DUT-FED-065Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)Federal Motor Carrier Safety AdministrationstandingFederal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)/library/DUT-FED-065/exhibit/DUT-FED-065
Ex. DUT-FED-066News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news releasestandingOccupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)/library/DUT-FED-066/exhibit/DUT-FED-066
Ex. DUT-FED-067News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)Occupational Safety and Health Administration, national news releasestandingOccupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)/library/DUT-FED-067/exhibit/DUT-FED-067
Ex. DUT-FED-069News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)standingOccupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)/library/DUT-FED-069/exhibit/DUT-FED-069
Ex. DUT-FED-070What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)/library/DUT-FED-070/exhibit/DUT-FED-070
Ex. DUT-FED-071What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)/library/DUT-FED-071/exhibit/DUT-FED-071
Ex. DUT-FED-072Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)/library/DUT-FED-072/exhibit/DUT-FED-072
Ex. DUT-FED-073Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette RooneystandingOccupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)/library/DUT-FED-073/exhibit/DUT-FED-073
Ex. DUT-SD-001SDCL ch. 34-22, Contagious Disease Control (§§ 34-22-5, 34-22-9, 34-22-14, 34-22-17, 34-22-18, 34-22-18.1, 34-22-41 to 34-22-44)South Dakota Legislature (codified statute administered by the Department of Health)standingSouth Dakota Legislature (codified statute administered by the Department of Health), SDCL ch. 34-22, Contagious Disease Control (§§ 34-22-5, 34-22-9, 34-22-14, 34-22-17, 34-22-18, 34-22-18.1, 34-22-41 to 34-22-44) (standing) (Ex. DUT-SD-001)/library/DUT-SD-001/exhibit/DUT-SD-001
Ex. DUT-SD-002SDCL ch. 34-1, State Department of Health (§§ 34-1-17, 34-1-28)South Dakota Legislature (codified statute administered by the Department of Health)standingSouth Dakota Legislature (codified statute administered by the Department of Health), SDCL ch. 34-1, State Department of Health (§§ 34-1-17, 34-1-28) (standing) (Ex. DUT-SD-002)/library/DUT-SD-002/exhibit/DUT-SD-002
Ex. DUT-SD-003Administrative Rules of South Dakota, art. 44:20, Communicable Disease Control (chs. 44:20:01 to 44:20:04; §§ 44:20:01:01(38), 44:20:03:01, 44:20:03:02…South Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17, 34-22-9 and 34-23-13)standingSouth Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17, 34-22-9 and 34-23-13), Administrative Rules of South Dakota, art. 44:20, Communicable Disease Control (chs. 44:20:01 to 44:20:04; §§ 44:20:01:01(38), 44:20:03:01, 44:20:03:02, 44:20:03:04, 44:20:03:05, 44:20:03:07, 44:20:03:09) (standing) (Ex. DUT-SD-003)/library/DUT-SD-003/exhibit/DUT-SD-003
Ex. DUT-SD-004Order Declaring Public Health Emergency 2020-01Kim Malsam-Rysdon, Secretary of the South Dakota Department of Health, with the consent and authorization of Governor Kristi NoemstandingKim Malsam-Rysdon, Secretary of the South Dakota Department of Health, with the consent and authorization of Governor Kristi Noem, Order Declaring Public Health Emergency 2020-01 (Apr. 10, 2020) (Ex. DUT-SD-004)/library/DUT-SD-004/exhibit/DUT-SD-004
Ex. DUT-SD-005SDCL ch. 34-16, Nuisances and Health Hazards (§§ 34-16-1, 34-16-2, 34-16-5, 34-16-19 to 34-16-21)South Dakota Legislature (codified statute)standingSouth Dakota Legislature (codified statute), SDCL ch. 34-16, Nuisances and Health Hazards (§§ 34-16-1, 34-16-2, 34-16-5, 34-16-19 to 34-16-21) (standing) (Ex. DUT-SD-005)/library/DUT-SD-005/exhibit/DUT-SD-005
Ex. DUT-SD-006SDCL ch. 34-48A, Emergency Management (§§ 34-48A-1, 34-48A-2, 34-48A-5, 34-48A-9, 34-48A-49)South Dakota Legislature (codified statute administered by the Governor and the Department of Public Safety)standingSouth Dakota Legislature (codified statute administered by the Governor and the Department of Public Safety), SDCL ch. 34-48A, Emergency Management (§§ 34-48A-1, 34-48A-2, 34-48A-5, 34-48A-9, 34-48A-49) (standing) (Ex. DUT-SD-006)/library/DUT-SD-006/exhibit/DUT-SD-006
Ex. DUT-SD-007SDCL 22-6-2, Misdemeanor classes and penaltiesSouth Dakota Legislature (codified statute)standingSouth Dakota Legislature (codified statute), SDCL 22-6-2, Misdemeanor classes and penalties (standing) (Ex. DUT-SD-007)/library/DUT-SD-007/exhibit/DUT-SD-007
Ex. DUT-SD-008SDCL ch. 9-32, Sanitation and Health Measures (§§ 9-32-1 to 9-32-4)South Dakota Legislature (codified statute conferring municipal powers)standingSouth Dakota Legislature (codified statute conferring municipal powers), SDCL ch. 9-32, Sanitation and Health Measures (§§ 9-32-1 to 9-32-4) (standing) (Ex. DUT-SD-008)/library/DUT-SD-008/exhibit/DUT-SD-008
Ex. DUT-SD-009SDCL 9-19-3 and 9-19-3.1, Authority to enact ordinances, seek injunctive relief and establish penalties; criminal procedure for ordinance violationsSouth Dakota Legislature (codified statute conferring municipal powers)standingSouth Dakota Legislature (codified statute conferring municipal powers), SDCL 9-19-3 and 9-19-3.1, Authority to enact ordinances, seek injunctive relief and establish penalties; criminal procedure for ordinance violations (standing) (Ex. DUT-SD-009)/library/DUT-SD-009/exhibit/DUT-SD-009
Ex. DUT-SD-010SDCL 60-2-1 and 60-2-3, Indemnification of employee by employer; employer to indemnify for own negligenceSouth Dakota Legislature (codified statute)standingSouth Dakota Legislature (codified statute), SDCL 60-2-1 and 60-2-3, Indemnification of employee by employer; employer to indemnify for own negligence (standing) (Ex. DUT-SD-010)/library/DUT-SD-010/exhibit/DUT-SD-010
Ex. DUT-SD-011SDCL 20-9-1, Responsibility for injury by willful act or negligenceSouth Dakota Legislature (codified statute)standingSouth Dakota Legislature (codified statute), SDCL 20-9-1, Responsibility for injury by willful act or negligence (standing) (Ex. DUT-SD-011)/library/DUT-SD-011/exhibit/DUT-SD-011
Ex. DUT-SD-01229 U.S.C. § 654, Duties of employers and employees (2020 edition of the United States Code)Congress (Occupational Safety and Health Act of 1970, § 5), administered by OSHA, U.S. Department of LaborstandingCongress (Occupational Safety and Health Act of 1970, § 5), administered by OSHA, U.S. Department of Labor, 29 U.S.C. § 654, Duties of employers and employees (2020 edition of the United States Code) (standing) (Ex. DUT-SD-012)/library/DUT-SD-012/exhibit/DUT-SD-012
Ex. DUT-SD-0132021 House Bill 1046 (enrolled), An Act to limit liability for certain exposures to COVID-19, adding SDCL ch. 21-68South Dakota Legislature (96th Session); signed by Governor Kristi NoemstandingSouth Dakota Legislature (96th Session); signed by Governor Kristi Noem, 2021 House Bill 1046 (enrolled), An Act to limit liability for certain exposures to COVID-19, adding SDCL ch. 21-68 (Feb. 18, 2021) (Ex. DUT-SD-013)/library/DUT-SD-013/exhibit/DUT-SD-013
Ex. DUT-SD-014SDCL ch. 21-68, Limitation of Liability for Exposure to COVID-19 (§§ 21-68-1 to 21-68-6)South Dakota Legislature (codified statute)standingSouth Dakota Legislature (codified statute), SDCL ch. 21-68, Limitation of Liability for Exposure to COVID-19 (§§ 21-68-1 to 21-68-6) (standing) (Ex. DUT-SD-014)/library/DUT-SD-014/exhibit/DUT-SD-014
Ex. DUT-SD-015SDCL ch. 34-18 (§§ 34-18-2, 34-18-9, 34-18-22, 34-18-27, 34-18-27.1, 34-18-27.3, 34-18-32)South Dakota Legislature (codified statute administered by the Secretary of Health)standingSouth Dakota Legislature (codified statute administered by the Secretary of Health), SDCL ch. 34-18 (§§ 34-18-2, 34-18-9, 34-18-22, 34-18-27, 34-18-27.1, 34-18-27.3, 34-18-32) (standing) (Ex. DUT-SD-015)/library/DUT-SD-015/exhibit/DUT-SD-015
Ex. DUT-SD-016Administrative Rules of South Dakota, ch. 44:02:07, Food Service Code (§§ 44:02:07:02, 44:02:07:03, 44:02:07:06, 44:02:07:07, 44:02:07:09 to 44:02:07:12)South Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17 and 34-18-22)standingSouth Dakota Department of Health (administrative rules promulgated under SDCL 34-1-17 and 34-18-22), Administrative Rules of South Dakota, ch. 44:02:07, Food Service Code (§§ 44:02:07:02, 44:02:07:03, 44:02:07:06, 44:02:07:07, 44:02:07:09 to 44:02:07:12) (standing) (Ex. DUT-SD-016)/library/DUT-SD-016/exhibit/DUT-SD-016
Ex. DUT-SD-017SDCL 21-10-1 and 21-10-5, Acts and omissions constituting nuisances; remediesSouth Dakota Legislature (codified statute)standingSouth Dakota Legislature (codified statute), SDCL 21-10-1 and 21-10-5, Acts and omissions constituting nuisances; remedies (standing) (Ex. DUT-SD-017)/library/DUT-SD-017/exhibit/DUT-SD-017
Ex. DUT-SD-018Flyer: 'Combat the Spread of COVID-19: Follow the Governor's Executive Order. What can community leaders do?' (dated April 3, 2020)South Dakota Department of Health / covid.sd.gov (Office of the Governor)standingSouth Dakota Department of Health / covid.sd.gov (Office of the Governor), Flyer: 'Combat the Spread of COVID-19: Follow the Governor's Executive Order. What can community leaders do?' (dated April 3, 2020) (Apr. 3, 2020) (Ex. DUT-SD-018)/library/DUT-SD-018/exhibit/DUT-SD-018
Ex. DUT-SD-019Checklist for Communities (COVID-19): Plan and Prepare; Take ActionSouth Dakota Department of Health / covid.sd.govstandingSouth Dakota Department of Health / covid.sd.gov, Checklist for Communities (COVID-19): Plan and Prepare; Take Action (Apr. 12, 2020) (Ex. DUT-SD-019)/library/DUT-SD-019/exhibit/DUT-SD-019
Ex. FED-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-002Notice of February 24, 2021President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)/library/FED-002/exhibit/FED-002
Ex. FED-006Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)Mar. 13, 2020President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)/library/FED-006/exhibit/FED-006
Ex. FED-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)/library/FED-007/exhibit/FED-007
Ex. FED-008Memorandum of February 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)Feb. 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)/library/FED-008/exhibit/FED-008
Ex. FED-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-010Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel CoronavirusAlex M. Azar II, Secretary of Health and Human ServicesJan. 31, 2020Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)/library/FED-010/exhibit/FED-010
Ex. FED-011Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)Alex M. Azar II, Secretary of HHSApr. 21, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)/library/FED-011/exhibit/FED-011
Ex. FED-012Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)Alex M. Azar II, Secretary of HHSJuly 23, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)/library/FED-012/exhibit/FED-012
Ex. FED-013Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)Alex M. Azar II, Secretary of HHSOct. 2, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)/library/FED-013/exhibit/FED-013
Ex. FED-014Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)Alex M. Azar II, Secretary of HHSJan. 7, 2021Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)/library/FED-014/exhibit/FED-014
Ex. FED-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)/library/FED-015/exhibit/FED-015
Ex. FED-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)/library/FED-016/exhibit/FED-016
Ex. FED-020CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)Jan. 29, 2021Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)/library/FED-020/exhibit/FED-020
Ex. FED-022CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)Sept. 1, 2020Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)/library/FED-022/exhibit/FED-022
Ex. FED-023CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)Centers for Disease Control and Prevention, HHSJan. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)/library/FED-023/exhibit/FED-023
Ex. FED-024CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)Centers for Disease Control and Prevention, HHSMar. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)/library/FED-024/exhibit/FED-024
Ex. FED-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)/library/FED-025/exhibit/FED-025
Ex. FED-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)/library/FED-026/exhibit/FED-026
Ex. FED-027CDC No Sail Order and Suspension of Further EmbarkationCenters for Disease Control and Prevention, HHS (CDC Director)Mar. 14, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)/library/FED-027/exhibit/FED-027
Ex. FED-028No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)Centers for Disease Control and Prevention, HHSApr. 9, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)/library/FED-028/exhibit/FED-028
Ex. FED-029No Sail Order; Second Modification and Extension (July 16, 2020)Centers for Disease Control and Prevention, HHSJuly 16, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)/library/FED-029/exhibit/FED-029
Ex. FED-030No Sail Order; Third Modification and Extension (Sept. 30, 2020)Centers for Disease Control and Prevention, HHSSept. 30, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)/library/FED-030/exhibit/FED-030
Ex. FED-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)/library/FED-031/exhibit/FED-031
Ex. FED-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)/library/FED-032/exhibit/FED-032
Ex. FED-034CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')Centers for Disease Control and Prevention, HHS (CDC Director)Mar. 20, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)/library/FED-034/exhibit/FED-034
Ex. FED-036Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)Centers for Disease Control and Prevention, HHSMay 19, 2020Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)/library/FED-036/exhibit/FED-036
Ex. FED-037CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)Centers for Disease Control and Prevention, HHSOct. 13, 2020Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)/library/FED-037/exhibit/FED-037
Ex. FED-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)/library/FED-038/exhibit/FED-038
Ex. FED-039Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…Centers for Disease Control and Prevention, HHSMar. 20, 2020Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)/library/FED-039/exhibit/FED-039
Ex. FED-040CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United KingdomCenters for Disease Control and Prevention, HHSDec. 25, 2020Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)/library/FED-040/exhibit/FED-040
Ex. FED-041CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…Centers for Disease Control and Prevention, HHSJan. 12, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)/library/FED-041/exhibit/FED-041
Ex. FED-042CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)Jan. 25, 2021Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)/library/FED-042/exhibit/FED-042
Ex. FED-048Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…Centers for Disease Control and Prevention, HHSSept. 11, 2020Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)/library/FED-048/exhibit/FED-048
Ex. FED-050TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)Jan. 31, 2021Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)/library/FED-050/exhibit/FED-050
Ex. FED-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)/library/FED-051/exhibit/FED-051
Ex. FED-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)/library/FED-052/exhibit/FED-052
Ex. FED-053TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)/library/FED-053/exhibit/FED-053
Ex. FED-055Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)/library/FED-055/exhibit/FED-055
Ex. FED-056Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight BoardApr. 20, 2021Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)/library/FED-056/exhibit/FED-056
Ex. FED-057Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)Acting Secretary of Homeland Security David P. PekoskeJan. 27, 2021Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)/library/FED-057/exhibit/FED-057
Ex. FED-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-061Executive Order 13998President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)/library/FED-061/exhibit/FED-061
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)/library/FED-063/exhibit/FED-063
Ex. FED-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-066Executive Order 13945President Donald J. TrumpAug. 8, 2020President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)/library/FED-066/exhibit/FED-066
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-071Executive Order 13910President Donald J. TrumpMar. 23, 2020President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)/library/FED-071/exhibit/FED-071
Ex. FED-073Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)President Donald J. TrumpApr. 28, 2020President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)/library/FED-073/exhibit/FED-073
Ex. FED-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)/library/FED-074/exhibit/FED-074
Ex. FED-075Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic UseFederal Emergency Management Agency, DHSApr. 7, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)/library/FED-075/exhibit/FED-075
Ex. FED-076Notification of Exemptions to the PPE allocation ruleFederal Emergency Management Agency, DHSApr. 17, 2020Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)/library/FED-076/exhibit/FED-076
Ex. FED-077Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)Federal Emergency Management Agency, DHSAug. 10, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)/library/FED-077/exhibit/FED-077
Ex. FED-078Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)Federal Emergency Management Agency, DHSDec. 31, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)/library/FED-078/exhibit/FED-078
Ex. FED-080Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)Occupational Safety and Health Administration, U.S. Department of LaborJune 21, 2021Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)/library/FED-080/exhibit/FED-080
Ex. FED-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)/library/FED-081/exhibit/FED-081
Ex. FED-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)/library/FED-082/exhibit/FED-082
Ex. FED-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)/library/FED-083/exhibit/FED-083
Ex. FED-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)/library/FED-084/exhibit/FED-084
Ex. FED-088Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)OSHA, U.S. Department of LaborMar. 9, 2020OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)/library/FED-088/exhibit/FED-088
Ex. FED-090CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…Centers for Medicare & Medicaid Services, HHSMar. 30, 2020Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)/library/FED-090/exhibit/FED-090
Ex. FED-091CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)Centers for Medicare & Medicaid Services, HHSMay 1, 2020Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)/library/FED-091/exhibit/FED-091
Ex. FED-092CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…Centers for Medicare & Medicaid Services, HHSSept. 2, 2020Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)/library/FED-092/exhibit/FED-092
Ex. FED-093CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)Nov. 2, 2020Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)/library/FED-093/exhibit/FED-093
Ex. FED-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)/library/FED-094/exhibit/FED-094
Ex. FED-096CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight GroupMar. 4, 2020CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)/library/FED-096/exhibit/FED-096
Ex. FED-097QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)CMS, Quality, Safety & Oversight GroupMar. 13, 2020CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)/library/FED-097/exhibit/FED-097
Ex. FED-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)/library/FED-098/exhibit/FED-098
Ex. FED-099CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 23, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)/library/FED-099/exhibit/FED-099
Ex. FED-100FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 29, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)/library/FED-100/exhibit/FED-100
Ex. FED-104FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)/library/FED-104/exhibit/FED-104
Ex. FED-109FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)/library/FED-109/exhibit/FED-109
Ex. FED-113FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 26, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)/library/FED-113/exhibit/FED-113
Ex. FED-115FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 23, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)/library/FED-115/exhibit/FED-115
Ex. FED-118FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 24, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)/library/FED-118/exhibit/FED-118
Ex. FED-130FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)/library/FED-130/exhibit/FED-130
Ex. FED-132FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 20, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)/library/FED-132/exhibit/FED-132
Ex. FED-133FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)/library/FED-133/exhibit/FED-133
Ex. FED-143FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)/library/FED-143/exhibit/FED-143
Ex. FED-147FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)/library/FED-147/exhibit/FED-147
Ex. FED-150FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Apr. 11, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)/library/FED-150/exhibit/FED-150
Ex. FED-154QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)CMS, Quality, Safety & Oversight GroupSept. 17, 2020CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)/library/FED-154/exhibit/FED-154
Ex. FED-155QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19CMS, Quality, Safety & Oversight GroupMar. 10, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)/library/FED-155/exhibit/FED-155
Ex. FED-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)/library/FED-156/exhibit/FED-156
Ex. FED-157QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)CMS, Quality, Safety & Oversight GroupMay 18, 2020CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)/library/FED-157/exhibit/FED-157
Ex. FED-158CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…Centers for Medicare & Medicaid Services, HHSApr. 7, 2020Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)/library/FED-158/exhibit/FED-158
Ex. FED-159CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)Centers for Medicare & Medicaid Services, HHSApr. 19, 2020Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)/library/FED-159/exhibit/FED-159
Ex. FED-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)/library/FED-160/exhibit/FED-160
Ex. FED-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)/library/FED-161/exhibit/FED-161
Ex. FED-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)/library/FED-163/exhibit/FED-163
Ex. FED-164CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 4, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)/library/FED-164/exhibit/FED-164
Ex. FED-165CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupJune 1, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)/library/FED-165/exhibit/FED-165
Ex. FED-166CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupAug. 17, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)/library/FED-166/exhibit/FED-166
Ex. FED-168CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…CMS, Quality, Safety & Oversight GroupAug. 26, 2020CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)/library/FED-168/exhibit/FED-168
Ex. FED-170Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…Congress (Pub. L. 116-127); approved by the PresidentMar. 18, 2020Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)/library/FED-170/exhibit/FED-170
Ex. FED-171Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826Wage and Hour Division, U.S. Department of LaborApr. 1, 2020Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)/library/FED-171/exhibit/FED-171
Ex. FED-172Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)Wage and Hour Division, U.S. Department of LaborSept. 11, 2020Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)/library/FED-172/exhibit/FED-172
Ex. FED-173Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…Congress (Pub. L. 116-260)Dec. 27, 2020Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)/library/FED-173/exhibit/FED-173
Ex. FED-174American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…Congress (Pub. L. 117-2); approved by the PresidentMar. 11, 2021Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)/library/FED-174/exhibit/FED-174
Ex. FED-180Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)Secretary of Health and Human ServicesMar. 10, 2020Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)/library/FED-180/exhibit/FED-180
Ex. FED-181Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…Secretary of Health and Human ServicesFeb. 4, 2020Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)/library/FED-181/exhibit/FED-181
Ex. FED-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)/library/FED-182/exhibit/FED-182
Ex. FED-183Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devicesSecretary of Health and Human ServicesMar. 24, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)/library/FED-183/exhibit/FED-183
Ex. FED-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)/library/FED-184/exhibit/FED-184
Ex. FED-185Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)Dec. 11, 2020Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)/library/FED-185/exhibit/FED-185
Ex. FED-186Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)Food and Drug Administration, HHSDec. 18, 2020Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)/library/FED-186/exhibit/FED-186
Ex. FED-187Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)Food and Drug Administration, HHSFeb. 27, 2021Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)/library/FED-187/exhibit/FED-187
Ex. FED-190The President's Coronavirus Guidelines for America: 15 Days to Slow the SpreadThe President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)/library/FED-190/exhibit/FED-190
Ex. FED-19130 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)The President and the White House Coronavirus Task ForceMar. 31, 2020The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)/library/FED-191/exhibit/FED-191
Ex. FED-192Guidelines for Opening Up America Again (Apr. 16, 2020)The President and the White House Coronavirus Task ForceApr. 16, 2020The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)/library/FED-192/exhibit/FED-192
Ex. FED-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)/library/FED-194/exhibit/FED-194
Ex. FED-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-202Proclamation 9993President Donald J. TrumpMar. 11, 2020President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)/library/FED-202/exhibit/FED-202
Ex. FED-203Proclamation 9996President Donald J. TrumpMar. 14, 2020President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)/library/FED-203/exhibit/FED-203
Ex. FED-204Proclamation 10041President Donald J. TrumpMay 24, 2020President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)/library/FED-204/exhibit/FED-204
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-210Proclamation 10014President Donald J. TrumpApr. 22, 2020President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)/library/FED-210/exhibit/FED-210
Ex. FED-211Proclamation 10052President Donald J. TrumpJune 22, 2020President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)/library/FED-211/exhibit/FED-211
Ex. FED-212Proclamation 10054President Donald J. TrumpJune 29, 2020President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)/library/FED-212/exhibit/FED-212
Ex. FED-213Proclamation 10131President Donald J. TrumpDec. 31, 2020President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)/library/FED-213/exhibit/FED-213
Ex. FED-214Proclamation 10149President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)/library/FED-214/exhibit/FED-214
Ex. FED-216Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border ProtectionMar. 24, 2020U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)/library/FED-216/exhibit/FED-216
Ex. FED-217Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)/library/FED-217/exhibit/FED-217
Ex. FED-219Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)/library/FED-219/exhibit/FED-219
Ex. FED-222Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)/library/FED-222/exhibit/FED-222
Ex. FED-225Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)/library/FED-225/exhibit/FED-225
Ex. FED-226Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)/library/FED-226/exhibit/FED-226
Ex. FED-229Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)/library/FED-229/exhibit/FED-229
Ex. FED-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)/library/FED-232/exhibit/FED-232
Ex. FED-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)/library/FED-235/exhibit/FED-235
Ex. FED-239Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…DHS (Acting Secretary Chad F. Wolf), with CBPMar. 24, 2020DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)/library/FED-239/exhibit/FED-239
Ex. FED-240Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)/library/FED-240/exhibit/FED-240
Ex. FED-242Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)/library/FED-242/exhibit/FED-242
Ex. FED-245Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)/library/FED-245/exhibit/FED-245
Ex. FED-248Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)/library/FED-248/exhibit/FED-248
Ex. FED-249Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)/library/FED-249/exhibit/FED-249
Ex. FED-252Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)/library/FED-252/exhibit/FED-252
Ex. FED-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)/library/FED-255/exhibit/FED-255
Ex. FED-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)/library/FED-258/exhibit/FED-258
Ex. FED-264OMB Memorandum M-20-16Office of Management and Budget (Acting Director Russell T. Vought)Mar. 17, 2020Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)/library/FED-264/exhibit/FED-264
Ex. FED-265OMB Memorandum M-20-17Office of Management and BudgetMar. 19, 2020Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)/library/FED-265/exhibit/FED-265
Ex. FED-266OMB Memorandum M-20-18Office of Management and Budget (Deputy Director for Management)Mar. 20, 2020Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)/library/FED-266/exhibit/FED-266
Ex. FED-267OMB Memorandum M-20-19Office of Management and BudgetMar. 22, 2020Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)/library/FED-267/exhibit/FED-267
Ex. FED-268OMB/OPM Memorandum M-20-23Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)Apr. 20, 2020Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)/library/FED-268/exhibit/FED-268
Ex. FED-270Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task ForceJan. 24, 2021Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)/library/FED-270/exhibit/FED-270
Ex. FED-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)/library/FED-271/exhibit/FED-271
Ex. FED-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)/library/FED-272/exhibit/FED-272
Ex. FED-274Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Safer Federal Workforce Task Force; approved by the Director of OMBSept. 24, 2021Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)/library/FED-274/exhibit/FED-274
Ex. FED-275Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)Office of Management and Budget (Acting Director Shalanda D. Young)Sept. 24, 2021Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)/library/FED-275/exhibit/FED-275
Ex. FED-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)/library/FED-278/exhibit/FED-278
Ex. FED-279Order of March 16, 2020 (COVID-19 building access)United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)Mar. 16, 2020United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)/library/FED-279/exhibit/FED-279
Ex. FED-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)/library/FED-280/exhibit/FED-280
Ex. FED-281Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019Deputy Secretary of Defense David L. NorquistMar. 13, 2020Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)/library/FED-281/exhibit/FED-281
Ex. FED-282Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel RestrictionsSecretary of Defense Mark T. EsperApr. 20, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)/library/FED-282/exhibit/FED-282
Ex. FED-283Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…Secretary of Defense Mark T. EsperMay 22, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)/library/FED-283/exhibit/FED-283
Ex. FED-284Order of the Chief Judge No. 20-042Chief Judge Virginia A. PhillipsMar. 19, 2020Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)/library/FED-284/exhibit/FED-284
Ex. FED-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)/library/FED-285/exhibit/FED-285
Ex. FED-286General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)/library/FED-286/exhibit/FED-286
Ex. FED-288General Order 2020-8Chief Judge Philip A. BrimmerMay 6, 2020Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)/library/FED-288/exhibit/FED-288
Ex. FED-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)/library/FED-290
Ex. FED-291Press release of March 16, 2020 (postponement of the March 2020 argument session)Supreme Court of the United States (Public Information Office)Mar. 16, 2020Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)/library/FED-291/exhibit/FED-291
Ex. FED-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)/library/FED-292/exhibit/FED-292
Ex. FED-293Press release of April 3, 2020 (postponement of the April 2020 argument session)Supreme Court of the United States (Public Information Office)Apr. 3, 2020Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)/library/FED-293/exhibit/FED-293
Ex. FED-294Press release of April 13, 2020 (telephone arguments in May 2020)Supreme Court of the United States (Public Information Office)Apr. 13, 2020Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)/library/FED-294/exhibit/FED-294
Ex. FED-295Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020Mar. 29, 2020Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)/library/FED-295/exhibit/FED-295
Ex. FED-296Tenth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerFeb. 12, 2021Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)/library/FED-296/exhibit/FED-296
Ex. FED-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)/library/FED-297/exhibit/FED-297
Ex. FED-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)/library/FED-298/exhibit/FED-298
Ex. FED-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)/library/FED-299/exhibit/FED-299
Ex. FED-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)/library/FED-300/exhibit/FED-300
Ex. FED-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-303Standing Order 20-17Chief Judge Freda L. WolfsonNov. 25, 2020Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)/library/FED-303/exhibit/FED-303
Ex. FED-304Third Extension of Standing Order 20-12Chief Judge Freda L. WolfsonDec. 17, 2020Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)/library/FED-304/exhibit/FED-304
Ex. FED-305Standing Order 21-02Chief Judge Freda L. WolfsonMar. 17, 2021Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)/library/FED-305/exhibit/FED-305
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-310Second Amended Standing Order 2020-02Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)/library/FED-310/exhibit/FED-310
Ex. FED-311Standing Order 2020-04Chief Judge James K. BredarMar. 16, 2020Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)/library/FED-311/exhibit/FED-311
Ex. FED-312Standing Order 2020-05Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)/library/FED-312/exhibit/FED-312
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-316Fourth Amendment to General Order 20-01Chief Judge Thomas W. Thrash, Jr.July 31, 2020Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)/library/FED-316/exhibit/FED-316
Ex. FED-317General Order 72Chief Judge Phyllis J. HamiltonMar. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)/library/FED-317/exhibit/FED-317
Ex. FED-318General Order 72-2Chief Judge Phyllis J. HamiltonApr. 30, 2020Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)/library/FED-318/exhibit/FED-318
Ex. FED-319Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…U.S. Department of State, Bureau of Consular AffairsMar. 26, 2020U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)/library/FED-319
Ex. FED-320Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)U.S. Department of Homeland Security, U.S. Citizenship and Immigration ServicesApr. 20, 2020U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)/library/FED-320/exhibit/FED-320
Ex. FED-321Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)U.S. Department of Homeland Security, USCISMay 14, 2020U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)/library/FED-321/exhibit/FED-321
Ex. FED-322Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…DHS, USCISAug. 20, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)/library/FED-322/exhibit/FED-322
Ex. FED-323Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…DHS, USCISDec. 18, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)/library/FED-323/exhibit/FED-323
Ex. FED-324USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020U.S. Citizenship and Immigration ServicesMar. 17, 2020U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)/library/FED-324/exhibit/FED-324
Ex. FED-325USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4U.S. Citizenship and Immigration ServicesMay 27, 2020U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)/library/FED-325/exhibit/FED-325
Ex. FED-327Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)U.S. Department of State, Bureau of Consular AffairsMar. 20, 2020U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)/library/FED-327/exhibit/FED-327
Ex. FED-328Phased Resumption of Routine Visa Services (announcement of July 14, 2020)U.S. Department of State, Bureau of Consular AffairsJuly 14, 2020U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)/library/FED-328/exhibit/FED-328
Ex. FED-331General Order 72-4Chief Judge Phyllis J. HamiltonJune 24, 2020Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)/library/FED-331/exhibit/FED-331
Ex. FED-332General Order 72-5Chief Judge Phyllis J. HamiltonJuly 23, 2020Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)/library/FED-332/exhibit/FED-332
Ex. FED-333General Order 72-6Chief Judge Phyllis J. HamiltonSept. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)/library/FED-333/exhibit/FED-333
Ex. FED-334General Order 73 (Amended May 21, 2020)Chief Judge Phyllis J. HamiltonMay 21, 2020Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)/library/FED-334/exhibit/FED-334
Ex. FED-336General Order 77Chief Judge Phyllis J. HamiltonJune 9, 2020Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)/library/FED-336/exhibit/FED-336
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-338General Order 20-0012 (original)Chief Judge Rebecca R. PallmeyerMar. 12, 2020Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)/library/FED-338/exhibit/FED-338
Ex. FED-339Eighth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerNov. 13, 2020Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)/library/FED-339/exhibit/FED-339
Ex. FED-340CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…Congress (Pub. L. 116-136, signed Mar. 27, 2020)Mar. 27, 2020Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)/library/FED-340/exhibit/FED-340
Ex. FED-342Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank SupervisorsApr. 7, 2020Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)/library/FED-342/exhibit/FED-342
Ex. FED-343Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…Bureau of Consumer Financial ProtectionJune 30, 2020Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)/library/FED-343/exhibit/FED-343
Ex. FED-344Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…Bureau of Consumer Financial ProtectionJune 25, 2021Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)/library/FED-344/exhibit/FED-344
Ex. FED-345Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)President Donald J. Trump (Memorandum for the Secretary of Education)Aug. 8, 2020President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)/library/FED-345/exhibit/FED-345
Ex. FED-346FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed MortgagesFederal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie MacMar. 18, 2020Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)/library/FED-346/exhibit/FED-346
Ex. FED-348FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)Federal Housing Finance AgencyJune 17, 2020Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)/library/FED-348/exhibit/FED-348
Ex. FED-349FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)Federal Housing Finance AgencyAug. 27, 2020Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)/library/FED-349/exhibit/FED-349
Ex. FED-350FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)Federal Housing Finance AgencyDec. 2, 2020Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)/library/FED-350/exhibit/FED-350
Ex. FED-353FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…Federal Housing Finance AgencyFeb. 25, 2021Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)/library/FED-353/exhibit/FED-353
Ex. FED-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)/library/FED-354/exhibit/FED-354
Ex. FED-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)/library/FED-355/exhibit/FED-355
Ex. FED-356Mortgagee Letter 2020-04U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)Mar. 18, 2020U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)/library/FED-356/exhibit/FED-356
Ex. FED-359Mortgagee Letter 2020-19HUD, Federal Housing AdministrationJune 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)/library/FED-359
Ex. FED-360Mortgagee Letter 2020-27HUD, Federal Housing AdministrationAug. 27, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)/library/FED-360/exhibit/FED-360
Ex. FED-361Mortgagee Letter 2020-43HUD, Federal Housing AdministrationDec. 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)/library/FED-361/exhibit/FED-361
Ex. FED-362Mortgagee Letter 2021-03HUD, Federal Housing AdministrationJan. 21, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)/library/FED-362/exhibit/FED-362
Ex. FED-363Mortgagee Letter 2021-05HUD, Federal Housing AdministrationFeb. 16, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)/library/FED-363/exhibit/FED-363
Ex. FED-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-367Circular 26-20-7Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty ServiceMar. 16, 2020Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)/library/FED-367/exhibit/FED-367
Ex. FED-368Circular 26-20-8VA, Loan Guaranty ServiceMar. 18, 2020VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)/library/FED-368/exhibit/FED-368
Ex. FED-369Circular 26-20-12VA, Loan Guaranty ServiceApr. 8, 2020VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)/library/FED-369/exhibit/FED-369
Ex. FED-371Circular 26-20-22VA, Loan Guaranty ServiceJune 17, 2020VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)/library/FED-371/exhibit/FED-371
Ex. FED-372Circular 26-20-23VA, Loan Guaranty ServiceJune 18, 2020VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)/library/FED-372/exhibit/FED-372
Ex. FED-373Circular 26-20-29VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)/library/FED-373/exhibit/FED-373
Ex. FED-374Circular 26-20-30VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)/library/FED-374/exhibit/FED-374
Ex. FED-375Circular 26-20-40VA, Loan Guaranty ServiceDec. 28, 2020VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)/library/FED-375/exhibit/FED-375
Ex. FED-376Circular 26-21-2VA, Loan Guaranty ServiceJan. 29, 2021VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)/library/FED-376/exhibit/FED-376
Ex. FED-377Circular 26-21-5VA, Loan Guaranty ServiceFeb. 16, 2021VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)/library/FED-377
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-381USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…U.S. Department of Agriculture, Rural DevelopmentMar. 19, 2020U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)/library/FED-381
Ex. FED-382USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…USDA Rural DevelopmentDec. 28, 2020USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)/library/FED-382
Ex. FED-384USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…USDA Rural Development (with the White House announcement of June 24, 2021)June 24, 2021USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)/library/FED-384
Ex. FED-385USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)July 30, 2021USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)/library/FED-385/exhibit/FED-385
Ex. FED-386Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…Secretary of the Interior David L. BernhardtMar. 22, 2020Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)/library/FED-386/exhibit/FED-386
Ex. FED-387NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…Secretary of the Interior David L. Bernhardt; National Park ServiceMar. 18, 2020Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)/library/FED-387/exhibit/FED-387
Ex. FED-389BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in OregonBureau of Land Management, Oregon/Washington State Office and District ManagersMar. 27, 2020Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)/library/FED-389/exhibit/FED-389
Ex. FED-390Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitorsBureau of ReclamationMar. 17, 2020Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)/library/FED-390/exhibit/FED-390
Ex. FED-391USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment OnlyU.S. Department of Agriculture, Farm Production and Conservation mission areaMar. 23, 2020U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)/library/FED-391
Ex. FED-393USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…U.S. Army Corps of Engineers Headquarters and district commandersMar. 17, 2020U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)/library/FED-393
Ex. FED-396The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…The President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)/library/FED-396/exhibit/FED-396
Ex. FED-398H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)May 15, 2020U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)/library/FED-398/exhibit/FED-398
Ex. 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. SD-001Executive Order 2020-04Governor Kristi NoemMar. 13, 2020Governor Kristi Noem, Executive Order 2020-04 (Mar. 13, 2020) (Ex. SD-001)/library/SD-001/exhibit/SD-001
Ex. SD-002Executive Order 2020-05Governor Kristi NoemMar. 13, 2020Governor Kristi Noem, Executive Order 2020-05 (Mar. 13, 2020) (Ex. SD-002)/library/SD-002/exhibit/SD-002
Ex. SD-003Executive Order 2020-06Governor Kristi NoemMar. 19, 2020Governor Kristi Noem, Executive Order 2020-06 (Mar. 19, 2020) (Ex. SD-003)/library/SD-003/exhibit/SD-003
Ex. SD-004Executive Order 2020-07Governor Kristi NoemMar. 23, 2020Governor Kristi Noem, Executive Order 2020-07 (Mar. 23, 2020) (Ex. SD-004)/library/SD-004/exhibit/SD-004
Ex. SD-005Executive Order 2020-08Governor Kristi NoemMar. 23, 2020Governor Kristi Noem, Executive Order 2020-08 (Mar. 23, 2020) (Ex. SD-005)/library/SD-005/exhibit/SD-005
Ex. SD-006Executive Order 2020-09Governor Kristi NoemMar. 24, 2020Governor Kristi Noem, Executive Order 2020-09 (Mar. 24, 2020) (Ex. SD-006)/library/SD-006/exhibit/SD-006
Ex. SD-007Executive Order 2020-10Governor Kristi NoemMar. 26, 2020Governor Kristi Noem, Executive Order 2020-10 (Mar. 26, 2020) (Ex. SD-007)/library/SD-007/exhibit/SD-007
Ex. SD-008Executive Order 2020-11Governor Kristi NoemApr. 2, 2020Governor Kristi Noem, Executive Order 2020-11 (Apr. 2, 2020) (Ex. SD-008)/library/SD-008/exhibit/SD-008
Ex. SD-009Executive Order 2020-12Governor Kristi NoemApr. 6, 2020Governor Kristi Noem, Executive Order 2020-12 (Apr. 6, 2020) (Ex. SD-009)/library/SD-009/exhibit/SD-009
Ex. SD-010Executive Order 2020-13Governor Kristi NoemApr. 6, 2020Governor Kristi Noem, Executive Order 2020-13 (Apr. 6, 2020) (Ex. SD-010)/library/SD-010/exhibit/SD-010
Ex. SD-011Executive Order 2020-14Governor Kristi NoemApr. 7, 2020Governor Kristi Noem, Executive Order 2020-14 (Apr. 7, 2020) (Ex. SD-011)/library/SD-011/exhibit/SD-011
Ex. SD-012Executive Order 2020-15Governor Kristi NoemApr. 9, 2020Governor Kristi Noem, Executive Order 2020-15 (Apr. 9, 2020) (Ex. SD-012)/library/SD-012/exhibit/SD-012
Ex. SD-013Executive Order 2020-16Governor Kristi NoemApr. 15, 2020Governor Kristi Noem, Executive Order 2020-16 (Apr. 15, 2020) (Ex. SD-013)/library/SD-013/exhibit/SD-013
Ex. SD-014Executive Order 2020-17Governor Kristi NoemApr. 20, 2020Governor Kristi Noem, Executive Order 2020-17 (Apr. 20, 2020) (Ex. SD-014)/library/SD-014/exhibit/SD-014
Ex. SD-015Executive Order 2020-18Governor Kristi NoemApr. 24, 2020Governor Kristi Noem, Executive Order 2020-18 (Apr. 24, 2020) (Ex. SD-015)/library/SD-015/exhibit/SD-015
Ex. SD-016Executive Order 2020-19Governor Kristi NoemApr. 24, 2020Governor Kristi Noem, Executive Order 2020-19 (Apr. 24, 2020) (Ex. SD-016)/library/SD-016/exhibit/SD-016
Ex. SD-017Executive Order 2020-20 with the attached Back to Normal Plan (Apr. 28, 2020)Governor Kristi NoemApr. 28, 2020Governor Kristi Noem, Executive Order 2020-20 with the attached Back to Normal Plan (Apr. 28, 2020) (Ex. SD-017)/library/SD-017/exhibit/SD-017
Ex. SD-018Executive Order 2020-21Governor Kristi NoemApr. 30, 2020Governor Kristi Noem, Executive Order 2020-21 (Apr. 30, 2020) (Ex. SD-018)/library/SD-018/exhibit/SD-018
Ex. SD-019Executive Order 2020-22Governor Kristi NoemMay 1, 2020Governor Kristi Noem, Executive Order 2020-22 (May 1, 2020) (Ex. SD-019)/library/SD-019/exhibit/SD-019
Ex. SD-020Executive Order 2020-23Governor Kristi NoemMay 11, 2020Governor Kristi Noem, Executive Order 2020-23 (May 11, 2020) (Ex. SD-020)/library/SD-020/exhibit/SD-020
Ex. SD-021Executive Order 2020-24Governor Kristi NoemMay 18, 2020Governor Kristi Noem, Executive Order 2020-24 (May 18, 2020) (Ex. SD-021)/library/SD-021/exhibit/SD-021
Ex. SD-022Executive Order 2020-25Governor Kristi NoemMay 26, 2020Governor Kristi Noem, Executive Order 2020-25 (May 26, 2020) (Ex. SD-022)/library/SD-022/exhibit/SD-022
Ex. SD-023Executive Order 2020-26Governor Kristi NoemMay 26, 2020Governor Kristi Noem, Executive Order 2020-26 (May 26, 2020) (Ex. SD-023)/library/SD-023/exhibit/SD-023
Ex. SD-024Executive Order 2020-28 (June 26, 2020); SD-025 (EO 2020-30, July 7, 2020); SD-029 (EO 2021-04, Feb. 5, 2021)Governor Kristi NoemJune 26, 2020Governor Kristi Noem, Executive Order 2020-28 (June 26, 2020); SD-025 (EO 2020-30, July 7, 2020); SD-029 (EO 2021-04, Feb. 5, 2021) (Ex. SD-024)/library/SD-024/exhibit/SD-024
Ex. SD-025Executive Order 2020-30Governor Kristi NoemJuly 7, 2020Governor Kristi Noem, Executive Order 2020-30 (July 7, 2020) (Ex. SD-025)/library/SD-025/exhibit/SD-025
Ex. SD-026Executive Order 2020-33Governor Kristi NoemDec. 9, 2020Governor Kristi Noem, Executive Order 2020-33 (Dec. 9, 2020) (Ex. SD-026)/library/SD-026/exhibit/SD-026
Ex. SD-027Executive Order 2020-34Governor Kristi NoemDec. 18, 2020Governor Kristi Noem, Executive Order 2020-34 (Dec. 18, 2020) (Ex. SD-027)/library/SD-027/exhibit/SD-027
Ex. SD-028Executive Order 2021-01Governor Kristi NoemJan. 7, 2021Governor Kristi Noem, Executive Order 2021-01 (Jan. 7, 2021) (Ex. SD-028)/library/SD-028/exhibit/SD-028
Ex. SD-029Executive Order 2021-04Governor Kristi NoemFeb. 5, 2021Governor Kristi Noem, Executive Order 2021-04 (Feb. 5, 2021) (Ex. SD-029)/library/SD-029/exhibit/SD-029
Ex. SD-030Executive Order 2021-08Governor Kristi NoemApr. 20, 2021Governor Kristi Noem, Executive Order 2021-08 (Apr. 20, 2021) (Ex. SD-030)/library/SD-030/exhibit/SD-030
Ex. SD-0322020 House Bill 1295 (enrolled), amending SDCL 34-22-18.1South Dakota Legislature (95th Session); signed by the GovernorMar. 30, 2020South Dakota Legislature (95th Session); signed by the Governor, 2020 House Bill 1295 (enrolled), amending SDCL 34-22-18.1 (Mar. 30, 2020) (Ex. SD-032)/library/SD-032/exhibit/SD-032
Ex. SD-0332020 House Bill 1296 (enrolled), amending SDCL 34-48A-5 and adding 34-48A-5.1South Dakota Legislature; signed by the GovernorMar. 30, 2020South Dakota Legislature; signed by the Governor, 2020 House Bill 1296 (enrolled), amending SDCL 34-48A-5 and adding 34-48A-5.1 (Mar. 30, 2020) (Ex. SD-033)/library/SD-033/exhibit/SD-033
Ex. SD-0342020 Senate Bill 188 (enrolled), amending SDCL 13-26-1South Dakota Legislature; signed by the GovernorMar. 30, 2020South Dakota Legislature; signed by the Governor, 2020 Senate Bill 188 (enrolled), amending SDCL 13-26-1 (Mar. 30, 2020) (Ex. SD-034)/library/SD-034/exhibit/SD-034
Ex. SD-0352020 Senate Bill 189 (enrolled)South Dakota Legislature; signed by the GovernorMar. 30, 2020South Dakota Legislature; signed by the Governor, 2020 Senate Bill 189 (enrolled) (Mar. 30, 2020) (Ex. SD-035)/library/SD-035/exhibit/SD-035
Ex. SD-0362020 Senate Bill 190 (enrolled)South Dakota Legislature; signed by the GovernorMar. 30, 2020South Dakota Legislature; signed by the Governor, 2020 Senate Bill 190 (enrolled) (Mar. 30, 2020) (Ex. SD-036)/library/SD-036/exhibit/SD-036
Ex. SD-037Coronavirus Resolution of March 27, 2020 (press release describing it)Minnehaha County Board of CommissionersMar. 27, 2020Minnehaha County Board of Commissioners, Coronavirus Resolution of March 27, 2020 (press release describing it) (Mar. 27, 2020) (Ex. SD-037)/library/SD-037/exhibit/SD-037
Ex. SD-038Flyer: 'Combat the Spread of COVID-19: Follow the Governor's Executive Order'Office of the Governor / covid.sd.govSept. 21, 2020Office of the Governor / covid.sd.gov, Flyer: 'Combat the Spread of COVID-19: Follow the Governor's Executive Order' (Sept. 21, 2020) (Ex. SD-038)/library/SD-038/exhibit/SD-038
Ex. SD-039Ordinance No. 28-20Sioux Falls City Council, adopting the Sioux Falls Board of Health Second Amended and Restated RegulationsMar. 26, 2020Sioux Falls City Council, adopting the Sioux Falls Board of Health Second Amended and Restated Regulations, Ordinance No. 28-20 (Mar. 26, 2020) (Ex. SD-039)/library/SD-039/exhibit/SD-039
Ex. SD-040Operating Under the 'No Lingering' Ordinance (flow chart, last updated 3/27/2020)City of Sioux FallsMar. 27, 2020City of Sioux Falls, Operating Under the 'No Lingering' Ordinance (flow chart, last updated 3/27/2020) (Mar. 27, 2020) (Ex. SD-040)/library/SD-040/exhibit/SD-040
Ex. SD-041Resolution No. 31-21, One Sioux Falls COVID-19 Action PlanSioux Falls City CouncilMar. 9, 2021Sioux Falls City Council, Resolution No. 31-21, One Sioux Falls COVID-19 Action Plan (Mar. 9, 2021) (Ex. SD-041)/library/SD-041/exhibit/SD-041
Ex. SD-042COVID-19 Response: orders currently approved (index, April 2020 version)South Dakota Unified Judicial SystemApr. 10, 2020South Dakota Unified Judicial System, COVID-19 Response: orders currently approved (index, April 2020 version) (Apr. 10, 2020) (Ex. SD-042)/library/SD-042/exhibit/SD-042
Ex. SD-043COVID-19 Response: orders currently approved (index, January 2021 version)South Dakota Unified Judicial SystemJan. 10, 2021South Dakota Unified Judicial System, COVID-19 Response: orders currently approved (index, January 2021 version) (Jan. 10, 2021) (Ex. SD-043)/library/SD-043/exhibit/SD-043
Ex. SD-044Complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C. June 23, 2020), reciting Emergency Executive Orders 02.1-2020-CR (Apr. 1, 2020…Cheyenne River Sioux Tribe (complaint filed in the U.S. District Court for the District of Columbia)June 23, 2020Cheyenne River Sioux Tribe (complaint filed in the U.S. District Court for the District of Columbia), Complaint in Cheyenne River Sioux Tribe v. Trump, No. 1:20-cv-01709 (D.D.C. June 23, 2020), reciting Emergency Executive Orders 02.1-2020-CR (Apr. 1, 2020; checkpoints and travel plans), 02.2-2020-CR (Apr. 8, 2020; 14-day quarantines) and successors (Ex. SD-044)/library/SD-044
Ex. SD-045Order Declaring Judicial Emergency COVID-19 DiseaseSouth Dakota Supreme Court (Gilbertson, C.J.)Mar. 13, 2020South Dakota Supreme Court (Gilbertson, C.J.), Order Declaring Judicial Emergency COVID-19 Disease (Mar. 13, 2020) (Ex. SD-045)/library/SD-045/exhibit/SD-045
Ex. SD-046Order Suspending 180-Day Rule (23A-44-5.1)South Dakota Supreme Court (Gilbertson, C.J.)Mar. 13, 2020South Dakota Supreme Court (Gilbertson, C.J.), Order Suspending 180-Day Rule (23A-44-5.1) (Mar. 13, 2020) (Ex. SD-046)/library/SD-046/exhibit/SD-046
Ex. SD-047Standing Order Regarding COVID-19 Courthouse Safety MeasuresPresiding Judge Robin J. Houwman, Second Judicial CircuitMar. 16, 2020Presiding Judge Robin J. Houwman, Second Judicial Circuit, Standing Order Regarding COVID-19 Courthouse Safety Measures (Mar. 16, 2020) (Ex. SD-047)/library/SD-047/exhibit/SD-047
Ex. SD-048Amended Standing Order CIV 20-4 Regarding Declaration of Public Health Emergency in Minnehaha CountyPresiding Judge Robin J. Houwman; approved by the Supreme Court (Gilbertson, C.J.) April 14, 2020Apr. 14, 2020Presiding Judge Robin J. Houwman; approved by the Supreme Court (Gilbertson, C.J.) April 14, 2020, Amended Standing Order CIV 20-4 Regarding Declaration of Public Health Emergency in Minnehaha County (Apr. 14, 2020) (Ex. SD-048)/library/SD-048/exhibit/SD-048
Ex. SD-049Standing Order Regarding COVID-19 Courthouse Security Measures, CIV. 20-4 (October 20, 2020)Presiding Judge Robin J. HouwmanOct. 20, 2020Presiding Judge Robin J. Houwman, Standing Order Regarding COVID-19 Courthouse Security Measures, CIV. 20-4 (October 20, 2020) (Oct. 20, 2020) (Ex. SD-049)/library/SD-049/exhibit/SD-049
Ex. SD-050Order Regarding Moratorium on Jury Trials as Part of Covid-19 Pandemic ResponsePresiding Judge Michael W. Day; approved by the Supreme Court November 17, 2020Nov. 16, 2020Presiding Judge Michael W. Day; approved by the Supreme Court November 17, 2020, Order Regarding Moratorium on Jury Trials as Part of Covid-19 Pandemic Response (Nov. 16, 2020) (Ex. SD-050)/library/SD-050/exhibit/SD-050
Ex. SD-051Order Requiring the Wearing of Face Coverings as Part of Covid-19 Pandemic ResponsePresiding Judge Michael W. Day; approved by the Supreme Court October 8, 2020Oct. 8, 2020Presiding Judge Michael W. Day; approved by the Supreme Court October 8, 2020, Order Requiring the Wearing of Face Coverings as Part of Covid-19 Pandemic Response (Oct. 8, 2020) (Ex. SD-051)/library/SD-051/exhibit/SD-051
Ex. SD-052Order Regarding Court Proceedings During the Sturgis Motorcycle RallyPresiding Judge Michael W. Day; approved by the Supreme Court August 5, 2020Aug. 5, 2020Presiding Judge Michael W. Day; approved by the Supreme Court August 5, 2020, Order Regarding Court Proceedings During the Sturgis Motorcycle Rally (Aug. 5, 2020) (Ex. SD-052)/library/SD-052/exhibit/SD-052
Ex. SD-053Order Regarding Moratorium on Jury TrialsPresiding Judge Craig A. Pfeifle; approved by the Supreme Court November 16, 2020Nov. 13, 2020Presiding Judge Craig A. Pfeifle; approved by the Supreme Court November 16, 2020, Order Regarding Moratorium on Jury Trials (Nov. 13, 2020) (Ex. SD-053)/library/SD-053/exhibit/SD-053
Ex. SD-054Second Order Regarding Moratorium on Jury TrialsPresiding Judge Craig A. Pfeifle; approved by the Supreme Court December 17, 2020Dec. 16, 2020Presiding Judge Craig A. Pfeifle; approved by the Supreme Court December 17, 2020, Second Order Regarding Moratorium on Jury Trials (Dec. 16, 2020) (Ex. SD-054)/library/SD-054/exhibit/SD-054
Ex. SD-055Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic ResponseJudge Bobbi J. Rank for the Sixth Circuit; approved by the Supreme Court September 30, 2020Sept. 27, 2020Judge Bobbi J. Rank for the Sixth Circuit; approved by the Supreme Court September 30, 2020, Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic Response (Sept. 27, 2020) (Ex. SD-055)/library/SD-055/exhibit/SD-055
Ex. SD-056Order Regarding Seventh Circuit COVID-19 ProtocolPresiding Judge Craig A. PfeifleMar. 16, 2020Presiding Judge Craig A. Pfeifle, Order Regarding Seventh Circuit COVID-19 Protocol (Mar. 16, 2020) (Ex. SD-056)/library/SD-056/exhibit/SD-056
Ex. SD-057Administrative Order #1 Re: COVID-19 Pandemic Response, Civ. 20-1Presiding Judge Cheryle GeringMar. 16, 2020Presiding Judge Cheryle Gering, Administrative Order #1 Re: COVID-19 Pandemic Response, Civ. 20-1 (Mar. 16, 2020) (Ex. SD-057)/library/SD-057/exhibit/SD-057
Ex. SD-058Administrative Order #6 Re: COVID-19 Pandemic Response Requiring Face Coverings, Civ. 20-1Presiding Judge Cheryle Gering; approved by the Supreme Court October 20, 2020Oct. 19, 2020Presiding Judge Cheryle Gering; approved by the Supreme Court October 20, 2020, Administrative Order #6 Re: COVID-19 Pandemic Response Requiring Face Coverings, Civ. 20-1 (Oct. 19, 2020) (Ex. SD-058)/library/SD-058/exhibit/SD-058
Ex. SD-059Fourth Judicial Circuit Administrative Order #2 Re: COVID-19 Pandemic ResponsePresiding Judge Michael W. DayMar. 23, 2020Presiding Judge Michael W. Day, Fourth Judicial Circuit Administrative Order #2 Re: COVID-19 Pandemic Response (Mar. 23, 2020) (Ex. SD-059)/library/SD-059/exhibit/SD-059
Ex. SD-0606th Judicial Circuit COVID-19 ProceduresSixth Judicial CircuitMar. 15, 2020Sixth Judicial Circuit, 6th Judicial Circuit COVID-19 Procedures (Mar. 15, 2020) (Ex. SD-060)/library/SD-060/exhibit/SD-060
Ex. SD-061Sioux Falls COVID-19 Response page (rendered)City of Sioux Falls (siouxfalls.org/covid19, as captured December 29, 2020)Dec. 29, 2020City of Sioux Falls (siouxfalls.org/covid19, as captured December 29, 2020), Sioux Falls COVID-19 Response page (rendered) (Dec. 29, 2020) (Ex. SD-061)/library/SD-061/exhibit/SD-061
Ex. SD-062Face Covering Ordinance 114-20: Frequently Asked Questions (rendered)City of Sioux Falls (Face Covering Ordinance FAQ page, captured January 28, 2021)Nov. 17, 2020City of Sioux Falls (Face Covering Ordinance FAQ page, captured January 28, 2021), Face Covering Ordinance 114-20: Frequently Asked Questions (rendered) (Nov. 17, 2020) (Ex. SD-062)/library/SD-062/exhibit/SD-062
Ex. SD-063Ordinance No. 6412Rapid City Common Council (Mayor Steve Allender)Mar. 27, 2020Rapid City Common Council (Mayor Steve Allender), Ordinance No. 6412 (Mar. 27, 2020) (Ex. SD-063)/library/SD-063/exhibit/SD-063
Ex. SD-064Emergency Resolution Modifying the Mandatory Orders Relating to Public Gatherings Contained in Ordinance No. 6413 (Apr. 27, 2020)Rapid City Common CouncilApr. 27, 2020Rapid City Common Council, Emergency Resolution Modifying the Mandatory Orders Relating to Public Gatherings Contained in Ordinance No. 6413 (Apr. 27, 2020) (Ex. SD-064)/library/SD-064/exhibit/SD-064
Ex. SD-065Guide to Ease Restrictions (Rapid City's Plan to Ease Restrictions)City of Rapid CityApr. 27, 2020City of Rapid City, Guide to Ease Restrictions (Rapid City's Plan to Ease Restrictions) (Apr. 27, 2020) (Ex. SD-065)/library/SD-065/exhibit/SD-065
Ex. SD-066COVID-19 Updates page, March 19 to May 2020 entries (rendered capture)City of Rapid City (Mayor's Office / City Council COVID-19 Updates page)Mar. 19, 2020City of Rapid City (Mayor's Office / City Council COVID-19 Updates page), COVID-19 Updates page, March 19 to May 2020 entries (rendered capture) (Mar. 19, 2020) (Ex. SD-066)/library/SD-066/exhibit/SD-066
Ex. SD-067COVID-19 Updates page, May to November 23, 2020 entries (rendered capture)City of Rapid City (COVID-19 Updates page)Nov. 23, 2020City of Rapid City (COVID-19 Updates page), COVID-19 Updates page, May to November 23, 2020 entries (rendered capture) (Nov. 23, 2020) (Ex. SD-067)/library/SD-067/exhibit/SD-067
Ex. SD-068Ordinance 20-005Brookings City Council (Mayor Keith W. Corbett)Mar. 23, 2020Brookings City Council (Mayor Keith W. Corbett), Ordinance 20-005 (Mar. 23, 2020) (Ex. SD-068)/library/SD-068/exhibit/SD-068
Ex. SD-069Ordinance 20-005 (REVISED)Brookings City CouncilApr. 8, 2020Brookings City Council, Ordinance 20-005 (REVISED) (Apr. 8, 2020) (Ex. SD-069)/library/SD-069/exhibit/SD-069
Ex. SD-070Ordinance 20-007 (May 12, 2020)Brookings City CouncilMay 12, 2020Brookings City Council, Ordinance 20-007 (May 12, 2020) (Ex. SD-070)/library/SD-070/exhibit/SD-070
Ex. SD-071Resolution 20-038Brookings City CouncilMay 4, 2020Brookings City Council, Resolution 20-038 (May 4, 2020) (Ex. SD-071)/library/SD-071/exhibit/SD-071
Ex. SD-072Ordinance 20-010Brookings City CouncilJuly 7, 2020Brookings City Council, Ordinance 20-010 (July 7, 2020) (Ex. SD-072)/library/SD-072/exhibit/SD-072
Ex. SD-073Ordinance 20-017Brookings City CouncilSept. 2, 2020Brookings City Council, Ordinance 20-017 (Sept. 2, 2020) (Ex. SD-073)/library/SD-073/exhibit/SD-073
Ex. SD-074Ordinance 20-019Brookings City CouncilSept. 8, 2020Brookings City Council, Ordinance 20-019 (Sept. 8, 2020) (Ex. SD-074)/library/SD-074/exhibit/SD-074
Ex. SD-075Ordinance 20-028Brookings City CouncilOct. 27, 2020Brookings City Council, Ordinance 20-028 (Oct. 27, 2020) (Ex. SD-075)/library/SD-075/exhibit/SD-075
Ex. SD-076Current COVID-19 Phase Quick Guide (Phasing Plan)City of BrookingsOct. 27, 2020City of Brookings, Current COVID-19 Phase Quick Guide (Phasing Plan) (Oct. 27, 2020) (Ex. SD-076)/library/SD-076/exhibit/SD-076
Ex. SD-077Ordinance 20-029 (marked version)Brookings City CouncilDec. 15, 2020Brookings City Council, Ordinance 20-029 (marked version) (Dec. 15, 2020) (Ex. SD-077)/library/SD-077/exhibit/SD-077
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. SD-079Ordinance 21-013Brookings City CouncilMar. 23, 2021Brookings City Council, Ordinance 21-013 (Mar. 23, 2021) (Ex. SD-079)/library/SD-079/exhibit/SD-079
Ex. SD-080Resolution 21-024Brookings City CouncilApr. 27, 2021Brookings City Council, Resolution 21-024 (Apr. 27, 2021) (Ex. SD-080)/library/SD-080/exhibit/SD-080
Ex. SD-081Resolution 21-043Brookings City CouncilMay 25, 2021Brookings City Council, Resolution 21-043 (May 25, 2021) (Ex. SD-081)/library/SD-081/exhibit/SD-081
Ex. SD-082Resolution 21-072Brookings City CouncilAug. 24, 2021Brookings City Council, Resolution 21-072 (Aug. 24, 2021) (Ex. SD-082)/library/SD-082/exhibit/SD-082
Ex. SD-083COVID-19 Response: orders currently approved (index as captured September 8, 2021)South Dakota Unified Judicial SystemSept. 8, 2021South Dakota Unified Judicial System, COVID-19 Response: orders currently approved (index as captured September 8, 2021) (Sept. 8, 2021) (Ex. SD-083)/library/SD-083/exhibit/SD-083
Ex. SD-084Standing Order CIV. 21-4 Regarding COVID-19 Courthouse Security Measures (April 6, 2021)Presiding Judge Robin J. Houwman; approved by the Supreme Court (Jensen, C.J.) April 8, 2021Apr. 6, 2021Presiding Judge Robin J. Houwman; approved by the Supreme Court (Jensen, C.J.) April 8, 2021, Standing Order CIV. 21-4 Regarding COVID-19 Courthouse Security Measures (April 6, 2021) (Apr. 6, 2021) (Ex. SD-084)/library/SD-084/exhibit/SD-084
Ex. SD-085Amended Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic Response as NecessaryJudge Bobbi J. Rank; approved by the Supreme Court June 9, 2021June 1, 2021Judge Bobbi J. Rank; approved by the Supreme Court June 9, 2021, Amended Order Requiring the Wearing of Face Coverings as Part of COVID-19 Pandemic Response as Necessary (June 1, 2021) (Ex. SD-085)/library/SD-085/exhibit/SD-085
Ex. SD-086Administrative Order Re: COVID-19 Pandemic Response, Civ. 21-1Presiding Judge Michael W. Day; approved by the Supreme Court May 27, 2021May 27, 2021Presiding Judge Michael W. Day; approved by the Supreme Court May 27, 2021, Administrative Order Re: COVID-19 Pandemic Response, Civ. 21-1 (May 27, 2021) (Ex. SD-086)/library/SD-086/exhibit/SD-086
Ex. SD-087Standing Order Revoking Standing Order Converting Misdemeanor Warrants (Notwithstanding Domestic Abuse, Stalking, Violation of Protection Orders, and Violations…Presiding Judge, Second Judicial Circuit; approved by the Supreme Court (Jensen, C.J.) July 27, 2021July 14, 2021Presiding Judge, Second Judicial Circuit; approved by the Supreme Court (Jensen, C.J.) July 27, 2021, Standing Order Revoking Standing Order Converting Misdemeanor Warrants (Notwithstanding Domestic Abuse, Stalking, Violation of Protection Orders, and Violations of No Contact Orders) to PR Bench Warrants, CIV 20-4 (July 14, 2021) (Ex. SD-087)/library/SD-087/exhibit/SD-087
Ex. SD-088Standing Order Regarding COVID-19 Courthouse Safety Measures (July 1, 2021)Presiding Judge Robin J. Houwman; approved by the Supreme Court (Jensen, C.J.) July 2, 2021July 1, 2021Presiding Judge Robin J. Houwman; approved by the Supreme Court (Jensen, C.J.) July 2, 2021, Standing Order Regarding COVID-19 Courthouse Safety Measures (July 1, 2021) (Ex. SD-088)/library/SD-088/exhibit/SD-088
Ex. SD-089Fifth Judicial Circuit Thirteenth Amended COVID-19 Procedure OrderPresiding Judge Jon S. Flemmer; approved by the Supreme Court (Jensen, C.J.) April 15, 2021Apr. 15, 2021Presiding Judge Jon S. Flemmer; approved by the Supreme Court (Jensen, C.J.) April 15, 2021, Fifth Judicial Circuit Thirteenth Amended COVID-19 Procedure Order (Apr. 15, 2021) (Ex. SD-089)/library/SD-089/exhibit/SD-089
Ex. SD-090Order 2020-01 Declaring Public Health Emergency in Minnehaha CountySecretary of Health, South Dakota Department of HealthApr. 10, 2020Secretary of Health, South Dakota Department of Health, Order 2020-01 Declaring Public Health Emergency in Minnehaha County (Apr. 10, 2020) (Ex. SD-090)/library/SD-090/exhibit/SD-090
Ex. SD-091Executive Order No. 218 (Mayor)Mayor Paul TenHakenMar. 12, 2020Mayor Paul TenHaken, Executive Order No. 218 (Mayor) (Mar. 12, 2020) (Ex. SD-091)/library/SD-091
Ex. SD-092Face Covering Ordinance 114-20Sioux Falls City CouncilNov. 17, 2020Sioux Falls City Council, Face Covering Ordinance 114-20 (Nov. 17, 2020) (Ex. SD-092)/library/SD-092
Ex. SD-094Ordinance No. 6413 (April 2020 readoption of the March 27 closures) and the June 2020 extension of the COVID regulations to the end of July 2020Rapid City Common CouncilApr. 6, 2020Rapid City Common Council, Ordinance No. 6413 (April 2020 readoption of the March 27 closures) and the June 2020 extension of the COVID regulations to the end of July 2020 (Apr. 6, 2020) (Ex. SD-094)/library/SD-094
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

8. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?state=SD&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.