Eligibility report

Governmental Orders Record and Eligibility Analysis

Delaware

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Oct. 1, 2026. 441 instruments cited; 427 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=DE&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, Oct. 1, 2026. Selection: State Delaware 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=DE&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)

Delaware, first day (Apr. 1, 2020): Apr. 1, 2020: shelter in place and travel prohibition (DE-006); every non-essential physical location closed (DE-005 ¶ 8); State telework mandate and 'Teleworking must be maximized' (DE-005 ¶¶ 1, 5.l); 14-day quarantine on entrants (DE-010); child care confined to Emergency Childcare Sites, all others closing by Apr. 6 (DE-011); screening at high-risk essential businesses and signage at all essential businesses from Apr. 1 (DE-011 ¶ 2); restaurants take-out only, casinos, gyms, theaters, bowling, spas closed (DE-002, DE-003, DE-070); beaches closed (DE-004); eviction, foreclosure, utility and insurance moratoria (DE-009); schools closed through May 15 (DE-068); PHE and Joint Order (DE-007, DE-008); gatherings of ten prohibited and 20 percent occupancy from 8:00 p.m. Apr. 2 (DE-012).

Delaware, last day (June 30, 2020): June 30, 2020: Phase 2 (DE-025, DE-026): 60 percent of fire occupancy for retail, malls, food and drink, personal care, casinos, worship (30 percent for exercise facilities); indoor gatherings under ten outside Phase 2 industry guidance, outdoor events to 250, over 250 prohibited absent plan; face coverings for all individuals and all businesses (DE-017 as amended); business responsibilities including exclusion of isolated or quarantined employees; child care at group size 15; 'Employers are encouraged to continue teleworking'; eviction and foreclosure stays as modified July 1 (DE-027 §§ B-E); beach-area bar closure effective July 3 (DE-027 § A); State of Emergency extended June 6 (DE-049); schools closed for the year (DE-069).

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)

Delaware, first day (July 1, 2020): July 1, 2020: Phase 2 regime as of June 30 (DE-025, DE-026, DE-017); beach-area standing bar service closed from 8:00 a.m. July 3 (DE-027 § A); insurance, eviction, foreclosure and utility provisions as modified effective July 1 (DE-027 §§ B-E); Fourth Extension July 6.

Delaware, last day (Sept. 30, 2020): Sept. 30, 2020: Twenty-Seventh (Omnibus) Modification effective Sept. 4 as revised Sept. 25 (DE-031, DE-056): 60 percent for retail, malls, food and drink, personal care, casinos, racetracks, arts, worship; 30 percent for exercise facilities and senior centers; 'large gatherings and events' over 250 'hereby prohibited at all locations and venues' absent DPH-approved plan; face-covering code for individuals and businesses (§ H); bar-service rules (reservations, seated, meals); eviction, foreclosure and utility provisions (§ E); child-care group sizes (§ D); school code with universal K-12 masks (§ F); State employees barred from out-of-state business travel (§ M.1); 'Employers are encouraged to continue teleworking' (§ N); Sixth Extension Sept. 3 (DE-050).

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)

Delaware, first day (Oct. 1, 2020): Oct. 1, 2020: Omnibus Modification as revised Sept. 25 (DE-031, DE-056); Seventh Extension Oct. 2.

Delaware, last day (Dec. 31, 2020): Dec. 31, 2020: Fourth Revision winter regime effective Dec. 14 (DE-033): stay-at-home advisory ('advised and strongly encouraged to stay home as often as possible'); universal indoor mask order with any non-household person; maximum occupancy 30 percent (20 percent for spaces over 100,000 square feet; 40 percent for retail under 5,000 square feet, houses of worship and funerals); indoor gatherings the lesser of 30 percent or 10; food and drink establishments closed to on-premises service 10:00 p.m.-5:00 a.m.; same-household tables; group exercise capped at 10 with thirteen feet; sports paused; Third Revision limits (DE-032); Tenth Extension Dec. 24 (DE-051).

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)

Delaware, first day (Jan. 1, 2021): Jan. 1, 2021: Fourth Revision winter regime in full (DE-033), stated to run through Jan. 11, 2021.

Delaware, last day (Mar. 31, 2021): Mar. 31, 2021: 50 percent capacity for restaurants, retail, gyms, worship, arts (DE-058, effective Feb. 12); indoor gatherings the lesser of 50 percent or 25 (150 by DPH plan), private indoor gatherings 10, outdoor 50 (250 by plan), exercise classes 15 (DE-059); universal indoor mask order and business face-covering duties (DE-031 § H as revised by DE-033); stay-at-home advisory continued 'until further notice' (DE-034); Thirteenth Extension Mar. 19 (DE-052).

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)

Delaware, first day (Apr. 1, 2021): Apr. 1, 2021: as of Mar. 31 plus the Eighth Revision effective 8:00 a.m. Apr. 1 (outdoor gatherings 150; outdoor venues 50 percent over 100,000 square feet, 75 percent under; indoor gatherings unchanged at the lesser of 50 percent or 25; restaurants 50 percent) (DE-035); Ninth Revision sports code effective 12:30 p.m. (DE-060).

Delaware, last day (June 30, 2021): June 30, 2021: Twenty-Ninth Modification effective May 21 as revised June 15 (DE-038, DE-039): mandatory face coverings on transit and school buses, in health-care facilities, 16 Del. C. ch. 11 facilities, for home-care-agency employees, in State facilities, corrections, shelters, child care and schools; Responsibilities of All Businesses (exclusion of sick, isolated and quarantined employees; sick leave; sanitizer); three-foot distancing on buses; DPH-approved sports plans; long-term-care screening and cohorting; PPE-guidance compliance; suspension of staffing ratios; eviction and foreclosure stays; Sixteenth Extension June 13 (DE-053); DHSS infection-control emergency orders signed June 17 and June 25 to take effect July 1 (DE-061 to DE-063).

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)

Delaware, first day (July 1, 2021): July 1, 2021: Twenty-Ninth Modification as revised (DE-038, DE-039) and the State of Emergency (DE-053) in force through 12:01 a.m. July 13; DHSS Emergency Secretary's Orders effective July 1 for 120 days requiring CDC-based infection prevention and control programs, designated leads, written plans, PPE for all patients and staff, and orientation and annual training at every home health agency (16 DE Admin. Code 4406 § 11.0), skilled home health agency (4410), hospital (4407 § 6.0), nursing facility (3201 § 6.10), hospice (4468), personal assistance services agency (3345 § 9.0), adult day care (4402), birthing center (4403), pediatric extended care center (4409), and assisted-living, group and family care homes (3210, 3225, 3305-3320) (DE-061, DE-062, DE-063; 25 Del. Reg. 6-37 (July 1, 2021)).

Delaware, last day (Sept. 30, 2021): Sept. 30, 2021: Public Health Emergency effective 11:59 p.m. July 12 as extended Aug. 10 and Sept. 8 (DE-041, DE-042, DE-043); DHSS/DEMA Joint Practice Order as reissued Sept. 23 (DE-048); DHSS 4202 § 7.7 universal K-12 masks and State congregate-setting masks from Aug. 16 (DE-044); DDOE 933 and 934 child-care masks from Aug. 16 and Aug. 15 (DE-045, DE-066); DHSS infection-control orders in force through Oct. 28 (DE-061 to DE-063); DHSS vaccination-or-testing orders for hospitals, home health (aide only and skilled), hospice, personal assistance, adult day care, birthing and surgical centers, pediatric extended care, dialysis, office-based surgery, free-standing emergency departments and residential facilities effective Sept. 30 for 120 days (DE-046, DE-047, DE-055); State-employee vaccination-or-testing from Sept. 30 (DE-064; DE-NR-4); federal layer (Federal files).

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

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

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

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

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

Layer	2020 Q2	2020 Q3	2020 Q4	2021 Q1	2021 Q2	2021 Q3	Total
Federal layer	179	163	160	175	165	167	330
State of Delaware	34	24	22	25	29	26	71
Agencies, boards and authorities	18	11	11	11	10	19	49
Standing duties	42	46	50	43	48	40	64
All layers	273	244	243	254	252	252	514

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 Delaware

Ex. DE-006

Fifth Modification of the Declaration of a State of Emergency

Fifth Modification of the Declaration of a State of Emergency (shelter in place; prohibited and permitted travel; Essential Activities; Minimum Basic Operations; testing)

Governor John C. Carney, Delaware (State)

Dates: In force from Mar. 24, 2020 to June 1, 2020 (issued Mar. 22, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureGathering capTravel and quarantine
Functions reached: CB customer base confined to residences; WF workforce confined except for permitted work; TR/TV all travel prohibited except Essential Travel; OF non-essential offices limited to Minimum Basic Operations (remote work facilitation); MK/GATH social gatherings of any size discouraged; events barred by DE-002/DE-012
Grade: Primary source read
Days in this quarter: 70

¶ 1: 'Shelter in place of residence. Effective March 24, 2020 at 8:00 a.m. E.D.T., with the exceptions as outlined below, all individuals currently living within the State of Delaware are ordered to shelter in place, at their home or place of residence except as permitted in this Fifth Modification... All persons may leave their homes or places of residence only for Essential Activities or Essential Travel, as defined below.' ¶ 6: 'Prohibited and permitted travel. All travel (including, but not limited to, travel on foot, bicycle, scooter, motorcycle, automobile, and public transit), except Essential Travel or travel for Essential Activities, as defined below, is prohibited.' ¶ 7.d: Essential Activities include 'To perform work permitted by the Fourth Modification.' ¶ 10: 'Minimum Basic Operations... include... a. The minimum necessary activities to maintain the value of the business's…

Enforcement: ¶ 13: force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125; ¶ 4 preserves DEMA isolation and quarantine orders under 20 Del. C. § 3136 and DPH orders under 16 Del. C. § 505

Citation: Governor John C. Carney, Fifth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-006) Open the exhibit

Ex. DE-002

First Modification of the Declaration of a State of Emergency

First Modification of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (restaurants, taverns and bars limited to take-out and delivery; gatherings of 50 or more banned; casino gaming closed; DEMA and DPH powers)

Governor John C. Carney, Delaware (State)

Dates: In force from Mar. 16, 2020 to June 1, 2020
Quarters: 2020 Q2
Limitations: Emergency declarationBusiness closureGathering capAlcohol and barsEvents and venues
Functions reached: DR dining room closed; BA bar service closed; GATH/MK events over 50 banned; AM casinos closed; CB customer base
Grade: Confirmed from a secondary source
Days in this quarter: 78

Governor's release of Mar. 16, 2020 (Ex. DE-070): the modification 'which takes effect at 8:00 p.m. tonight, March 16 -- also bans public gatherings of 50 or more people,... and closes gaming activity at Delaware casinos' and limits 'restaurants, taverns and bars to take-out and delivery service only.' Recital in the Fifth Modification: the First Modification advised 'that the CDC issued new guidance for large events and mass gatherings, including conferences, social events, concerts and other types of assemblies' (Ex. DE-006 at 1). DEMA/DPH Joint Order recital: the First Modification authorized DEMA and DPH to take 'such other measures as they deem necessary to protect the health and safety of the public' (Ex. DE-008 at 1).

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125

Citation: Governor John C. Carney, First Modification of the Declaration of a State of Emergency (Mar. 16, 2020) (Ex. DE-002) Open the exhibit

Ex. DE-070

Governor's release announcing the First Modification of the Declaration of a State of Emergency

Governor Carney Limits Restaurants to Take-Out and Delivery (restaurants, taverns and bars take-out and delivery only from 8:00 p.m. March 16; public gatherings of 50 or more banned; casino gaming closed; Secretary of Labor unemployment rules)

Governor John C. Carney, Delaware (State)

Dates: In force from Mar. 16, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closureGathering capAlcohol and barsEvents and venues
Functions reached: DR dining rooms closed 8:00 p.m. Mar. 16, 2020; BA bars closed; GATH/MK gatherings of 50 banned; AM casinos closed
Grade: Primary source read
Days in this quarter: 107 (in force on the last day)

'Governor John Carney on Monday modified... [the State of Emergency to limit restaurants, taverns and] bars to take-out and delivery service only to help prevent spread of the coronavirus (COVID-19). Governor [Carney's modification] -- which takes effect at 8:00 p.m. tonight, March 16 -- also bans public gatherings of 50 or more people, [consistent with guidance] from the Centers for Disease Control and Prevention (CDC), and closes gaming activity at Delaware casinos. Monday's modification to Governor Carney's emergency declaration also gives Delaware's Secretary of Labor [authority to develop emergency unemployment rules].'

Enforcement: See DE-002 (20 Del. C. §§ 3115(b), 3116(9), 3122, 3125)

Citation: Governor John C. Carney, Governor's release announcing the First Modification of the Declaration of a State of Emergency (Mar. 16, 2020) (Ex. DE-070) Open the exhibit

Ex. DE-003

Second Modification of the Declaration of a State of Emergency

Second Modification of the Declaration of a State of Emergency (take-out alcohol; closure of bowling alleys, movie theaters, fitness centers, health spas, sports facilities and concert venues; nursing-home precautions; unemployment-insurance emergency rules; telemedicine)

Governor John C. Carney, Delaware (State)

Dates: In force from Mar. 18, 2020 to June 15, 2020
Quarters: 2020 Q2
Limitations: Business closureGathering capHealth care ordersAlcohol and barsEvents and venuesOther
Functions reached: FC/PE/AM fitness, theaters, bowling, sports and concert venues closed; BA alcohol take-out; RS/VS nursing-home precautions; TM telemedicine rules
Grade: Confirmed from a secondary source
Days in this quarter: 90

Recital in the Fifth Modification: the Second Modification was issued 'to further restrict events and gatherings; to restrict food service to only take-out or delivery; to close casinos, bowling alleys, concert venues, movie theaters, sports facilities, fitness centers and health spas; to ensure additional precautions in nursing homes, retirement facilities, or assisted-living facilities; to promote authority to the Delaware Emergency Management Agency and the Division of Public Health to cancel any gatherings for public health reasons; to authorize the Secretary of Labor to develop emergency rules relating to unemployment insurance; to address requirements for telemedicine services; and to address the sale of alcoholic beverages' (Ex. DE-006 at 1). Governor's release of Mar. 18, 2020: 'allows any restaurant, brewpub, tavern or taproom with a valid on-premise license to sell alcoholic…

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125

Citation: Governor John C. Carney, Second Modification of the Declaration of a State of Emergency (Mar. 18, 2020) (Ex. DE-003) Open the exhibit

Ex. DE-005

Fourth Modification of the Declaration of a State of Emergency

Fourth Modification of the Declaration of a State of Emergency (designation of Essential and Non-Essential Businesses; closure of Non-Essential Businesses; State telework mandate; responsibilities of Essential Businesses)

Governor John C. Carney, Delaware (State)

Dates: In force from Mar. 24, 2020 to Apr. 7, 2020 (issued Mar. 22, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Business closureTelework mandateCapacity limitWorkplace rules
Functions reached: SF sales floor / premises closed for every non-essential business; OF/OP offices (State telework mandate; 'Teleworking must be maximized'; no visitors); WF workforce (over-60 and quarantined workers excluded from premises; 6 feet at all times); SL salons closed; FC/PE/AM/SP venues closed; SH realtors confined to home and necessary showings; CC call centers closed; ML malls closed; CB customer base; SC supply chain (CISA-based essential list)
Grade: Primary source read
Days in this quarter: 15

¶ 1: 'Effective March 24, 2020 at 8:00 a.m. E.D.T., and until further notice, State offices will remain open, except that all State of Delaware employees able to telecommute are required to telecommute (work from home) wherever possible, in accordance with Department of Human Resource's guidance... State of Delaware employees unable to telecommute should report to their normal place of work at the start of their shift.' ¶ 5: '"Essential Businesses" as defined herein shall follow the coronavirus guidelines for public safety enumerated by the CDC and DPH, including to: a. Implement flexible and non-punitive sick-leave policies...; b. Exclude employees who (a) have been diagnosed with COVID-19, (b) are reasonably suspected to have COVID-19, or (c) have symptoms of acute respiratory illness...; c. Exclude employees who reside or intimately interact with persons who (a) have been diagnosed…

Enforcement: ¶ 9: force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125; State and local law enforcement authorized; ¶ 5.o: inspection and 'immediate closure until the State of Emergency is lifted' for essential businesses not enforcing the standards

Citation: Governor John C. Carney, Fourth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-005) Open the exhibit

Ex. DE-012

Ninth Modification of the Declaration of a State of Emergency

Ninth Modification of the Declaration of a State of Emergency (gatherings of ten or more prohibited; twenty percent occupancy and sanitation rules for businesses admitting customers)

Governor John C. Carney, Delaware (State)

Dates: In force from Apr. 2, 2020 to June 1, 2020 (issued Apr. 1, 2020)
Quarters: 2020 Q2
Limitations: Capacity limitGathering capWorkplace rules
Functions reached: GATH/MK/EV every gathering of ten or more (weddings, funerals, meetings, events) cancelled; SF sales floor capped at 20 percent with counting staff; WS worship gatherings (ten in person, confirmed by DE-013 ¶ 1.e); CB customer base
Grade: Primary source read
Days in this quarter: 61

¶ 1: 'Effective April 2, 2020, at 8:00 p.m. E.D.T., organizers and sponsors of gatherings of ten (10) or more people shall cancel the gatherings immediately and not reschedule them until after May 15, 2020, or the public health threat of COVID-19 has been eliminated. All persons are prohibited from gathering in groups of ten (10) or more people until after May 15, 2020... For the purposes of this Order, gatherings include but are not limited to weddings, funerals, and related activities.... gatherings of employees engaged in work at essential businesses are not prohibited by this Ninth Modification..., but remain subject to requirements for hand hygiene and social distancing.' ¶ 2: 'all businesses that permit customers onto their premises shall also comply with the following restrictions...: a. Allow no more than twenty percent (20%) of stated fire occupancy requirements in the store at…

Enforcement: ¶ 7 criminal offense clause; State and local law enforcement

Citation: Governor John C. Carney, Ninth Modification of the Declaration of a State of Emergency (Apr. 1, 2020) (Ex. DE-012) Open the exhibit

Ex. DE-013

Tenth Modification of the Declaration of a State of Emergency

Tenth Modification of the Declaration of a State of Emergency (expanded Non-Essential Business list; no curbside for non-essential businesses; Commercial Lodging closed to leisure guests; Limited Operation Non-Essential Businesses by appointment only; houses of worship limited to ten; remote stockholder meetings; telemedicine by audio)

Governor John C. Carney, Delaware (State)

Dates: In force from Apr. 7, 2020 to May 8, 2020 (issued Apr. 6, 2020)
Quarters: 2020 Q2
Limitations: Business closureCapacity limitTravel and quarantineHealth care ordersEvents and venues
Functions reached: SF every non-essential retail location closed with no curbside; LG hotels and every short-term rental closed to leisure guests; MC meeting rooms closed; FB lodging food service take-out only; AM pools, gyms, spas closed; SR/SV auto dealers by appointment (two per half hour); CH/PR dental offices by appointment only; RP repair shops by appointment only; WS worship limited to ten in person; EC child care closed unless designated; CC call centers closed; MK/EV venues, museums, zoos closed
Grade: Primary source read
Days in this quarter: 32

¶ 1.f (Non-Essential Businesses): 'Hospitality and Recreation Facilities... Indoor community and recreation centers; Casinos and racetracks; Sporting facilities and venues... arcades, bowling alleys, indoor skating rinks..., martial arts studios, dance studios...; Gyms...; Swimming facilities...; Indoor play areas; Concert halls and venues; Theaters and performing arts venues; Zoos; and Museums; 2. Hair salons, barber shops, nail salons, and spas; 3. Pawn shops; 4. Door to door solicitations; 5. Customer service call centers and telemarketing operations; 6. Shopping malls...; 7. Electronics retailers; 8. Video, video game, or computer game rental or similar retail; 9. Craft or hobby retailers; 10. Libraries and bookstores; 11. Ice cream, water ice, custard, or similar shops (except for service by drive-thru), and ice cream trucks; 12. All licensed childcare facilities not designated as…

Enforcement: ¶ 8 criminal offense clause; ¶ 2 'subject to enforcement action'

Citation: Governor John C. Carney, Tenth Modification of the Declaration of a State of Emergency (Apr. 6, 2020) (Ex. DE-013) Open the exhibit

Ex. DE-019

Fifteenth Modification of the Declaration of a State of Emergency

Fifteenth Modification of the Declaration of a State of Emergency (presidential primary rescheduled to July 7; school-board elections July 21; curbside pickup for listed Non-Essential Businesses; additional appointment-only categories; hair salons and barber shops for essential personnel)

Governor John C. Carney, Delaware (State)

Dates: In force from May 8, 2020 to June 1, 2020 (issued May 7, 2020)
Quarters: 2020 Q2
Limitations: Business closureCapacity limitWorkplace rules
Functions reached: CU curbside fulfillment permitted for listed retail; SF appointment-only retail (two appointments per half hour); SL salons for essential personnel only
Grade: Primary source read
Days in this quarter: 25

§ B.1: 'Effective May 8, 2020, at 8:00 a.m. E.D.T., Paragraphs 1.e., 2, and 3 of the Tenth Modification... [are] hereby amended as follows: a. The following Non-Essential Businesses may transact business via curbside pickup...' § B.3 adds: 'k. Pawn shops, by appointment only with a maximum of two appointments per half hour; l. Furniture stores, by appointment only...; m. Jewelry, luggage, and leather goods retailers, by appointment only...; n. Sporting goods retailers, by appointment only...; o. Music and musical instruments retailers, by appointment only...; p. Hair salons and barber shops, by appointment only for essential personnel and with [conditions: no more than two appointments at a time per location; fifteen minutes between appointments; customers in face coverings at all times; no magazines].' Businesses 'authorized to transact by appointment only shall not also transact…

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause)

Citation: Governor John C. Carney, Fifteenth Modification of the Declaration of a State of Emergency (May 7, 2020) (Ex. DE-019) Open the exhibit

Ex. DE-021

Seventeenth Modification of the Declaration of a State of Emergency

Seventeenth Modification of the Declaration of a State of Emergency (beaches, boardwalks and swimming facilities reopened May 22 with masks and capacity rules; ice-cream shops by take-out May 15; town duties)

Governor John C. Carney, Delaware (State)

Dates: In force from May 15, 2020 to May 21, 2021 (issued May 14, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCapacity limitFace-covering requirementEvents and venues
Functions reached: CB beach-town customer base restored under capacity and mask rules; AM swimming facilities at 20 percent; TO ice-cream shops take-out only
Grade: Primary source read
Days in this quarter: 47 (in force on the last day)

§ A: 'Effective May 22, 2020, at 5:00 p.m. E.D.T., the Third Modification... closing all Delaware beaches is stricken and replaced with the following:... Individuals over thirteen (13) years old must wear a cloth face covering compliant with the Thirteenth Modification of the State of Emergency while on the boardwalks...'; towns must 'Implement systems to limit capacity (like timed or day passes) on the beach' and 'Designate Beach Ambassadors'; § C.2: swimming facilities may open and 'Allow no more than twenty percent (20%) of stated fire occupancy.'

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause)

Citation: Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021) Open the exhibit

Ex. DE-022

Eighteenth Modification of the Declaration of a State of Emergency

Eighteenth Modification of the Declaration of a State of Emergency (houses of worship: in-person services of ten or fewer, or at up to 30 percent of fire occupancy with precautions)

Governor John C. Carney, Delaware (State)

Dates: In force from May 20, 2020 to June 30, 2020 (issued May 18, 2020)
Quarters: 2020 Q2
Limitations: Capacity limitGathering capEvents and venues
Functions reached: WS worship services capped at ten or 30 percent; RE religious education and gatherings
Grade: Primary source read
Days in this quarter: 42 (in force on the last day)

§ A: the Tenth Modification's ten-person limit 'is hereby stricken in its entirety and replaced with the following: "Houses of worship..., while strongly encouraged, where possible, to restrict services to remote broadcast by telephone or video, are permitted to conduct... a. in-person services and gatherings of 10 or fewer people; or b. in-person services and gatherings that satisfy the requirements of this Eighteenth Modification"' at 'a maximum of 30% of stated fire occupancy requirements but... lower if needed' for distancing.

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause)

Citation: Governor John C. Carney, Eighteenth Modification of the Declaration of a State of Emergency (May 18, 2020) (Ex. DE-022) Open the exhibit

Ex. DE-024

Twentieth Modification of the Declaration of a State of Emergency

Twentieth Modification of the Declaration of a State of Emergency (Phase 1 Reopen Plan: shelter in place, traveler quarantine and closure orders struck; face coverings; gatherings; 30 percent business reopening; responsibilities of all businesses)

Governor John C. Carney, Delaware (State)

Dates: In force from June 1, 2020 to June 15, 2020 (issued May 31, 2020)
Quarters: 2020 Q2
Limitations: Capacity limitGathering capFace-covering requirementTravel and quarantineEvents and venuesWorkplace rules
Functions reached: CB stay-home lifted but every venue capped at 30 percent; GATH indoor gatherings under ten; outdoor to 250; conventions over 250 barred; LG lodging common areas at 30 percent; short-term rental ban lifted; WS worship at 30 percent; HR/WF exclusion of symptomatic, isolated and quarantined employees; TV quarantine lifted
Grade: Primary source read
Days in this quarter: 15

§ B.1: 'Effective June 1, 2020, at 8:00 a.m. E.D.T., the Fifth Modification to the COVID-19 State of Emergency (shelter in place),... [the] Seventh Modification... (out-of-state traveler fourteen (14) day quarantine), and all amendments thereto, are hereby stricken and replaced with this Twentieth Modification and Delaware's Phase 1 Reopen Plan, including any subsequent amendments thereto.' Recital: 'the State of Delaware will lift the ban on short-term rental units and the mandatory 14-day quarantine for out-of-state travelers on June 1 as part of the rolling reopening of Delaware's economy.' § C.1: 'Indoor Gatherings: All persons are prohibited from gathering indoors or in partially enclosed spaces in groups of ten (10) or more... This indoor gathering limit applies to individuals, including when they are in a place of social gathering such as a restaurant. Businesses... that must…

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause); Phase 1 Reopen Plan incorporated by reference

Citation: Governor John C. Carney, Twentieth Modification of the Declaration of a State of Emergency (May 31, 2020) (Ex. DE-024) Open the exhibit

Ex. DE-025

Twenty-First Modification of the Declaration of a State of Emergency

Twenty-First Modification of the Declaration of a State of Emergency (Phase 2 Reopen Plan: 60 percent of fire occupancy; gatherings; child care reopened; responsibilities of all businesses; telework encouraged)

Governor John C. Carney, Delaware (State)

Dates: In force from June 15, 2020 to Sept. 4, 2020 (issued June 14, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Telework mandateCapacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rules
Functions reached: SF/DR/AM every business capped at 60 percent (exercise facilities 30 percent); MC/EV conventions, weddings and events over 250 prohibited absent DPH plan; OF telework: 'should continue working from home'; EC child care reopened at group size 15; HR/WF exclusion of isolated and quarantined employees
Grade: Primary source read
Days in this quarter: 16 (in force on the last day)

§ C.1: 'Businesses and activities provided with specific industry guidance in Phase 2 (e.g. restaurants, casinos, hotels, convention centers, houses of worship, pools, youth sports, etc.) are excluded from the gathering requirements in this Section but must comply with the... fire occupancy requirements set forth herein (e.g. 30% or 60% (excluding staff)) and all... applicable Division of Public Health ("DPH") guidance.' § C.3: 'Gatherings/Events over 250 people... including but not limited to weddings, concerts, parades, [festivals, conventions, fundraisers, sporting events and fairs] are hereby prohibited at all locations and venues, except that hosts of large gatherings and events may apply to host a large gathering or event by submitting a plan to [email protected] at least seven (7) days prior.' § D.5 (Responsibilities of all Businesses): 'a. All employees, patrons, and…

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause); Phase 2 Reopen Plan incorporated by reference

Citation: Governor John C. Carney, Twenty-First Modification of the Declaration of a State of Emergency (June 14, 2020) (Ex. DE-025) Open the exhibit

Ex. DE-026

Twenty-Second Modification of the Declaration of a State of Emergency

Twenty-Second Modification of the Declaration of a State of Emergency (youth and adult recreational sports resume June 20 with no tournaments absent approval; personal care services to 60 percent June 22; parks gatherings)

Governor John C. Carney, Delaware (State)

Dates: In force from June 20, 2020 to Sept. 4, 2020 (issued June 19, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitGathering capEvents and venues
Functions reached: SL personal care at 60 percent; SP/CL sports and tournaments under DPH approval
Grade: Primary source read
Days in this quarter: 11 (in force on the last day)

§ 2.e: 'Personal Care Services. This section shall apply to barber shops, hair salons, tanning salons, tattoo services, massage therapy services, nail care, brow care, spas... the total number of guests permitted in an establishment at any one time shall not exceed sixty percent (60%) of that facility's stated fire occupancy requirements.' § 1: 'adult recreational sports may resume, provided that... no tournaments are held. Tournaments may resume subject to organizers receiving prior approval [from DPH].'

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause)

Citation: Governor John C. Carney, Twenty-Second Modification of the Declaration of a State of Emergency (June 19, 2020) (Ex. DE-026) Open the exhibit

Ex. DE-004

Third Modification of the Declaration of a State of Emergency

Third Modification of the Declaration of a State of Emergency (closure of all Delaware beaches except for exercise and dog walking)

Governor John C. Carney, Delaware (State)

Dates: In force from Mar. 21, 2020 to May 22, 2020
Quarters: 2020 Q2
Limitations: Business closureTravel and quarantineEvents and venues
Functions reached: CB beach-town customer base; LG/TV coastal tourism; AM beach vendors
Grade: Primary source read
Days in this quarter: 63

Recited in the Fourth Modification: 'to close all Delaware beaches, except to persons using the beaches for exercise or to walk their dogs, subject to certain precautions recommended by the CDC on COVID-19, which became effective as of 5:00 p.m. E.D.T.' (Ex. DE-005 at 2); the Third Modification's own text (4 pages, read) orders the closure in those terms.

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125

Citation: Governor John C. Carney, Third Modification of the Declaration of a State of Emergency (Mar. 21, 2020) (Ex. DE-004) Open the exhibit

Ex. DE-011

Eighth Modification of the Declaration of a State of Emergency

Eighth Modification of the Declaration of a State of Emergency (Emergency Childcare Sites; closure of other child care; screening and signage at State buildings and essential businesses; PPE guidance; long-term-care staffing; telemedicine)

Governor John C. Carney, Delaware (State)

Dates: In force from Mar. 30, 2020 to June 15, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureSchools and child careHealth care ordersWorkplace rules
Functions reached: EC/WF child care closed to all but essential personnel's children (workforce availability for every employer); HR/EMP screening of every employee and visitor at high-risk essential businesses; IC PPE guidance binding on health facilities
Grade: Primary source read
Days in this quarter: 78

¶ 1.b.iii: 'Effective April 6, 2020 at 8:00 a.m. E.D.T., childcares that remain open shall only serve children of essential personnel, shall be designated as "Emergency Childcare Sites" and must meet the stricter health and safety standards established by OCCL.' ¶ 1.c: 'Childcares that are not designated as Emergency Childcare Sites are directed to close no later than April 6, 2020 at 8:00 a.m. E.D.T.' ¶ 2.a: 'Effective April 1, 2020 at 8:00 a.m. E.D.T., state buildings and essential businesses that the Public Health Authority deems high-risk shall screen every employee, visitor and member of the public upon entering. The Public Health Authority shall develop and publicly post the screening tool to be used by high-risk essential businesses.' ¶ 2.b: 'Effective April 1, 2020 at 8:00 a.m. E.D.T., all state buildings and essential businesses shall display signage developed by the Public…

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause)

Citation: Governor John C. Carney, Eighth Modification of the Declaration of a State of Emergency (Mar. 30, 2020) (Ex. DE-011) Open the exhibit

Ex. DE-023

Nineteenth Modification of the Declaration of a State of Emergency

Nineteenth Modification of the Declaration of a State of Emergency (restaurant outdoor seating expansion; employee travel; Phase 1 Business Reopening parameters at 30 percent effective June 1)

Governor John C. Carney, Delaware (State)

Dates: In force from May 22, 2020 to June 15, 2020
Quarters: 2020 Q2
Limitations: Telework mandateCapacity limitTravel and quarantineAlcohol and barsWorkplace rules
Functions reached: DR dining at 30 percent from June 1; outdoor seating from May 22; SF retail and malls at 30 percent; SL salons at 30 percent; FC gyms at 30 percent; SH open houses limited; AM casinos at 30 percent; OF telework 'strongly encouraged' for in-bound workers
Grade: Primary source read
Days in this quarter: 25

§ B.7 (effective June 1): 'Individuals traveling to Delaware to work for a business deemed essential or otherwise open for business but who could otherwise work from home, are strongly encouraged to work from home.' § C: 'PHASE 1 BUSINESS REOPENING: The provisions in this section are effective June 1, 2020, at 8:00 a.m. E.D.T.... maximum occupancy for an establishment means thirty percent (30%) of stated fire occupancy requirements'; § C.5.a-g: Arts and Culture, Food and Drink Establishments, Retail Establishments, Malls, 'Consumer Services. This section shall apply to barber shops and hair salons, tanning salons, and exercise facilities,' Realty (open houses limited; face coverings; distancing), and Casinos each 'may reopen provided, however, that the total number of... permitted... at any one time shall not exceed thirty percent (30%) of... stated fire occupancy requirements.' § A.2…

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause)

Citation: Governor John C. Carney, Nineteenth Modification of the Declaration of a State of Emergency (May 22, 2020) (Ex. DE-023) Open the exhibit

Ex. DE-065

Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus)

Insurance Commissioner's Bulletin No. 115 (Mar. 9, 2020; updated Feb. 4, 2022): health insurers to plan proactively for COVID-19 testing and treatment coverage; 2022 update adds hospital-relief provisions

Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Delaware (Sector regulator)

Dates: In force from Mar. 9, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: IN insurers' COVID-19 coverage practices
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

'The purpose of the original version of this bulletin was to encourage health insurers to be proactive in planning for Coronavirus disease 2019 (COVID-19). The purpose of this update is to encourage health insurers to proactively provide Delaware's hospitals with much needed relief and to remind insurers of federal requirements pertaining to at-home tests and the now-effective Federal No Surprises Act.'

Enforcement: Guidance; the binding insurance instruments are the Sixth Modification § E (DE-009), the Ninth Modification ¶ 5 (DE-012) and the Public Health Emergency declarations (DE-007 ¶ 5.a; DE-041 § A.3.a)

Citation: Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus) (Mar. 9, 2020) (Ex. DE-065) Open the exhibit

Ex. DE-001

Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat

Governor John C. Carney, Delaware (State)

Dates: In force from Mar. 13, 2020 to July 13, 2021 (issued Mar. 12, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for every Delaware instrument; DEMA/DPH gathering-cancellation power reached MK events and GATH
Grade: Confirmed from a secondary source
Days in this quarter: 110 (the whole quarter)

The saved PDF is a scanned image without a text layer. Recited in the Fourth Modification: 'on March 12, 2020 at 3:00 p.m. E.D.T., I issued a State of Emergency due to the public health threat of COVID-19, which became effective as of 8:00 a.m. E.D.T. on March 13, 2020 (the "COVID-19 State of Emergency")' and 'as of Friday, March 13, 2020 at 8:00 a.m. E.D.T., DPH and Delaware Emergency Management Agency ("DEMA") were authorized to cancel gatherings should it be deemed necessary for public health reasons, and such cancellation shall not constitute a taking' (Ex. DE-005 at 1-2). Recited in the Ninth Modification: 'Paragraph 9 of the COVID-19 State of Emergency dated March 12, 2020' (price gouging) (Ex. DE-012 ¶ 3).

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (recited in every Modification as making non-compliance a criminal offense)

Citation: Governor John C. Carney, Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (Mar. 12, 2020) (Ex. DE-001) Open the exhibit

Ex. DE-067

Governor's directive closing Delaware public schools March 16-27, 2020

Governor Carney Directs Two-Week Closure of Delaware Public Schools

Governor John C. Carney (with the Department of Education), Delaware (State)

Dates: In force from Mar. 16, 2020 to June 30, 2020 (issued Mar. 13, 2020)
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN in-person instruction suspended; WF workforce with school-age children
Grade: Primary source read
Days in this quarter: 107 (in force on the last day)

Governor's release: Delaware public schools ordered closed from March 16 through March 27, 2020 'to prepare for potential spread of coronavirus (COVID-19).'

Enforcement: Gubernatorial directive under the State of Emergency; DDOE authority

Citation: Governor John C. Carney (with the Department of Education), Governor's directive closing Delaware public schools March 16-27, 2020 (Mar. 13, 2020) (Ex. DE-067) Open the exhibit

Ex. DE-072

DelDOT operational changes announcement (Mar. 16, 2020)

DelDOT Announces Additional Operational Changes (DMV road examinations, motorcycle safety courses, vision testing, emissions testing and Auto Theft Unit transactions suspended; DMV lobbies capped under 50; cashless operation at DMV and toll plazas from March 17, 2020)

Delaware Department of Transportation, Division of Motor Vehicles, Delaware (Sector regulator)

Dates: In force from Mar. 17, 2020 to June 30, 2020 (issued Mar. 16, 2020)
Quarters: 2020 Q2
Limitations: Courts and public offices
Functions reached: DM motor-vehicle offices (road tests and in-person services suspended); HR CDL testing suspended (logistics workforce); DL dealer titling and registration transactions slowed
Grade: Primary source read
Days in this quarter: 106 (in force on the last day)

DelDOT release: all public-facing facilities cashless from Tuesday, March 17, 2020 ('credit or debit cards will be accepted'); Class D and commercial driver license road examinations, motorcycle safety courses, vision testing, emissions testing and Auto Theft Unit transactions suspended; DMV lobbies held below 50 persons; toll plazas moved to EZPass lanes with bills by mail.

Enforcement: Agency operational directive

Citation: Delaware Department of Transportation, Division of Motor Vehicles, DelDOT operational changes announcement (Mar. 16, 2020) (Ex. DE-072) Open the exhibit

Ex. DE-071

Domestic and Foreign Insurers Bulletin No. 116, COVID-19

Insurance Commissioner's Bulletin No. 116 (requests that all admitted and non-admitted carriers suspend cancellations and nonrenewals for nonpayment during the State of Emergency; telehealth coverage; waiver of pre-authorization for COVID-19 testing and treatment encouraged)

Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Delaware (Sector regulator)

Dates: In force from Mar. 20, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersOther
Functions reached: IN insurers' cancellation, telehealth and prior-authorization practices
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

'I. Suspension of Cancellations and Nonrenewals... the Commissioner hereby requests that all admitted and non-admitted carriers doing business in Delaware suspend cancellations and nonrenewals due to nonpayment of premium during the pendency of the Governor's declared State of Emergency. This request applies to all lines of insurance.' 'III. Waiver of Pre-Authorization Requirements... The Department is encouraging carriers to waive all pre-authorization requirements for the lab testing and treatment of confirmed or suspected COVID-19 patients.' 'This Bulletin shall be effective immediately and shall remain in effect unless withdrawn or superseded by subsequent law, regulation or bulletin.'

Enforcement: Request and guidance ('This Bulletin is intended solely for informational purposes'); the binding non-lapse rule is the Sixth Modification § E (DE-009) issued four days later

Citation: Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 116, COVID-19 (Mar. 20, 2020) (Ex. DE-071) Open the exhibit

Ex. DE-007

Declaration of a Public Health Emergency for the State of Delaware

Declaration of a Public Health Emergency (Public Health Authority designated; medical-supply and bed-capacity assessments; Medicaid telehealth waivers; vaccination, treatment, isolation and quarantine powers; insurer prior-authorization waiver; suspension of routine facility inspections)

Governor John C. Carney, Delaware (State)

Dates: In force from Mar. 23, 2020 to July 12, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Emergency declarationHealth care ordersQuarantine and isolation
Functions reached: IC/HC health-care sector directives; IN insurers (prior-authorization waiver); SC medical supply procurement and allocation; WF isolation and quarantine authority
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

'do hereby declare a Public Health Emergency in Delaware. This Declaration of a Public Health Emergency will be effective as of Monday, March 23, 2020 at 5:00 p.m. E.D.T., and shall continue until terminated as provided under state law.' ¶ 4: 'The Public Health Authority is further authorized to: a. Direct vaccination, treatment, isolation, quarantine and such other measures as may be necessary to prevent or contain the spread of COVID-19, including b. Designate any qualified person to administer vaccines in accordance with 20 Del. C. § 3137, and require in-state health care providers to assist in the performance of vaccination, treatment and testing of any potentially infected individual in accordance with 20 Del. C. § 3140.' ¶ 5.a: 'all insurers issuing policies subject to state regulation under Title 18 of the Delaware Code shall waive all prior authorization requirements for the lab…

Enforcement: 20 Del. C. ch. 31; the Public Health Authority's orders under Title 16

Citation: Governor John C. Carney, Declaration of a Public Health Emergency for the State of Delaware (Mar. 23, 2020) (Ex. DE-007) Open the exhibit

Ex. DE-008

Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency

Joint Order authorizing out-of-state and lapsed-license health-care and mental-health providers to practice in Delaware

A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, on behalf of DHSS, Delaware (Sector regulator)

Dates: In force from Mar. 23, 2020 to Dec. 1, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care orders
Functions reached: HR credentialing (out-of-state and lapsed licensees admitted); TM telemedicine mental-health services; WF health-care labor market
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

'1. Out of state health care providers, including physicians, pharmacists, respiratory therapists, physician assistants, paramedics, emergency medical technicians, practical nurses, professional nurses, advanced practice registered nurses, and nursing assistants with an active license or certification in good standing in any United States jurisdiction are hereby authorized to provide healthcare services in Delaware; and 2. All [such practitioners] who have held an active Delaware license or certification within the last five years, which is now inactive, expired, or lapsed, may provide healthcare services in Delaware...; and 3. All out of state mental health providers with an active license in good standing in any United States jurisdiction... are hereby authorized to provide in-person and telemedicine mental health services in Delaware.'

Enforcement: Licensure waiver under 20 Del. C. ch. 31

Citation: A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, on behalf of DHSS, Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency (Mar. 23, 2020) (Ex. DE-008) Open the exhibit

Ex. DE-068

Governor's order closing Delaware schools through May 15, 2020

Governor Carney Closes Delaware Schools Through May 15

Governor John C. Carney, Delaware (State)

Dates: In force from Mar. 23, 2020 to May 15, 2020
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN in-person instruction suspended through May 15; WF workforce with school-age children
Grade: Primary source read
Days in this quarter: 54

Governor's release: 'Governor John Carney on Monday ordered all Delaware schools to remain closed through at least Friday, May 15 to fight the spread of coronavirus.'

Enforcement: Gubernatorial order under the State of Emergency

Citation: Governor John C. Carney, Governor's order closing Delaware schools through May 15, 2020 (Mar. 23, 2020) (Ex. DE-068) Open the exhibit

Ex. DE-009

Sixth Modification of the Declaration of a State of Emergency

Sixth Modification of the Declaration of a State of Emergency (elections rescheduled; eviction moratorium; foreclosure moratorium; utility shutoff moratorium; insurance non-lapse; procurement)

Governor John C. Carney, Delaware (State)

Dates: In force from Mar. 25, 2020 to July 1, 2020 (issued Mar. 24, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesWorkplace rulesOther
Functions reached: PM property management (evictions barred); SV servicing and foreclosure (barred); IN insurers (non-lapse duty); CL/ML lending (foreclosure and sheriff's sales stayed); CB customer base (utility protections)
Grade: Primary source read
Days in this quarter: 98 (in force on the last day)

§ B.1.a: 'No action for summary possession may be brought with respect to any residential rental unit located within the State. With respect to any past due balance for a residential rental unit, no late fee or interest may be charged or accrue... during the state of emergency.' § B.1.c: 'no writ of possession may be executed prior to the 7th day following the termination of the state of emergency and the rescission of the public health emergency.' § C.1: 'No residential mortgage foreclosure action may be commenced with respect to any owner-occupied 1- to 4-family primary residential property'; § C.3: no sheriff's sale 'until a date no sooner than the 31st day following the termination of the state of emergency.' § D.1: 'No electric, natural gas, propane, telegraph, telephone, water, wastewater, cable television, or internet service provider... shall terminate the service of a customer…

Enforcement: § H.3 criminal offense clause; § D.3 Public Service Commission penalties under 26 Del. C. § 217 and unlawful practice under 6 Del. C. § 2513

Citation: Governor John C. Carney, Sixth Modification of the Declaration of a State of Emergency (Mar. 24, 2020) (Ex. DE-009) Open the exhibit

Ex. DE-010

Seventh Modification of the Declaration of a State of Emergency

Seventh Modification of the Declaration of a State of Emergency (fourteen-day self-quarantine of individuals entering Delaware from another State)

Governor John C. Carney, Delaware (State)

Dates: In force from Mar. 30, 2020 to June 1, 2020 (issued Mar. 29, 2020)
Quarters: 2020 Q2
Limitations: Travel and quarantineQuarantine and isolation
Functions reached: TV/TR interstate business travel, recruiting, sales visits and tourism into Delaware suspended; LG lodging (leisure travel eliminated); MK trade shows and events; CB out-of-state customer base
Grade: Primary source read
Days in this quarter: 64

'1. Any individual who enters Delaware from another state, and who is not merely passing through, must immediately self-quarantine for fourteen (14) days from the time of entry into Delaware or for the duration of the individual's presence in Delaware, whichever period is shorter. This self-quarantine requirement shall not apply to public health, public safety, or healthcare workers, or any other individual providing an assistance to an Essential Business or providing an emergency service related to COVID-19. This self-quarantine requirement shall not apply to individuals commuting into Delaware to work for an Essential Business or to perform Minimum Business Operations as permitted by the Fifth Modification...' '3. Self-quarantine requires that an individual stay in a quarantine location (home, hotel room or rented lodging); does not go to work, school or public areas; does not use…

Enforcement: ¶ 8 criminal offense clause; Tenth Modification ¶ 2 adds that any business 'that encourages or facilitates unauthorized interstate travel, shall be deemed in violation of the State of Emergency orders and subject to enforcement action' (DE-013)

Citation: Governor John C. Carney, Seventh Modification of the Declaration of a State of Emergency (Mar. 29, 2020) (Ex. DE-010) Open the exhibit

Ex. DE-014

Extension of the Declaration of a State of Emergency (First Extension)

Extension of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat

Governor John C. Carney, Delaware (State)

Dates: In force from Apr. 10, 2020 to May 8, 2020
Quarters: 2020 Q2
Limitations: Emergency declaration
Functions reached: predicate: keeps every Modification in force
Grade: Primary source read
Days in this quarter: 29

Extends 'the COVID-19 State of Emergency declaration, as modified' (recited in DE-031 at 3: 'on April 10, 2020 at 3:30 p.m. E.D.T., I extended the COVID-19 State of Emergency declaration, as modified').

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Extension of the Declaration of a State of Emergency (First Extension) (Apr. 10, 2020) (Ex. DE-014) Open the exhibit

Ex. DE-015

Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. B

Eleventh Modification of the Declaration of a State of Emergency (testing providers bound to DPH guidance; long-term-care admission, isolation and staffing rules; remote notarization)

Governor John C. Carney, Delaware (State)

Dates: In force from Apr. 15, 2020 to July 13, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersCourts and public officesQuarantine and isolation
Functions reached: DX/IC testing providers bound to DPH guidance; RS/IN long-term-care admissions and isolation; CL closings and notarization (remote notarization authorized)
Grade: Primary source read
Days in this quarter: 77 (in force on the last day)

§ A.1: 'Effective April 15, 2020 at 8:00 p.m. E.D.T., all health care providers who test for COVID-19 shall comply with the Public Health Authority's guidance for the use of such tests.' § A.3: 'The Public Health Authority is hereby authorized to issue orders, as it deems necessary, to monitor, treat, prevent, reduce the spread of, and suppress COVID-19 in and around all facilities and agencies licensed by the Division of Health Care Quality under Title 16.' § B.1: 'Effective April 15, 2020 at 8:00 p.m. E.D.T., any notarial act required under Delaware law... may be performed by utilizing audio-visual technology (remote notarization)' subject to conditions (parties physically located in Delaware).

Enforcement: 20 Del. C. ch. 31; DHCQ licensure under 16 Del. C. ch. 11

Citation: Governor John C. Carney, Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. B (Ex. DE-015) Open the exhibit

Ex. DE-016

Twelfth Modification of the Declaration of a State of Emergency

Twelfth Modification of the Declaration of a State of Emergency (activation of lapsed-license volunteer health workers under crisis standards of care; State disability program; regulatory comment periods)

Governor John C. Carney, Delaware (State)

Dates: In force from Apr. 23, 2020 to July 13, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: SX/PR elective procedures (the Governor's own recital that they were suspended); HR volunteer activation of lapsed licensees
Grade: Primary source read
Days in this quarter: 69 (in force on the last day)

Recital at 4: 'WHEREAS, the suspension of elective surgeries and non-emergency medical procedures during the COVID-19 pandemic may preclude state employees on short term disability leave from obtaining the healthcare services needed to return to work.' § C.2: suspends 29 Del. C. § 5253(c)(5) for State employees 'who, as a result of health care providers having suspended performing non-emergency or elective services during the COVID-19 pandemic,' cannot obtain care. Recited in the Omnibus as allowing 'the Public Health Authority to activate more out-of-state health care workers' (DE-031 at 4).

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Twelfth Modification of the Declaration of a State of Emergency (Apr. 23, 2020) (Ex. DE-016) Open the exhibit

Ex. DE-069

Governor's decision closing Delaware schools for the remainder of the 2019-20 academic year

Delaware Schools Closed through Academic Year

Governor John C. Carney (with the Department of Education), Delaware (State)

Dates: In force from Apr. 24, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN in-person instruction suspended for the year; WF workforce with school-age children through June 2020
Grade: Primary source read
Days in this quarter: 68 (in force on the last day)

Governor's release: 'We made the difficult decision today - in consultation with superintendents across our state - to close schools through the rest of the academic year.' The Sixteenth Modification (May 10, 2020) recites 'the suspension of the school year caused by COVID-19' (DE-020; DE-031 at 4-5).

Enforcement: Gubernatorial directive under the State of Emergency; DDOE authority

Citation: Governor John C. Carney (with the Department of Education), Governor's decision closing Delaware schools for the remainder of the 2019-20 academic year (Apr. 24, 2020) (Ex. DE-069) Open the exhibit

Ex. DE-017

Thirteenth Modification of the Declaration of a State of Emergency

Thirteenth Modification of the Declaration of a State of Emergency (face coverings required in public settings; business obligations)

Governor John C. Carney, Delaware (State)

Dates: In force from Apr. 28, 2020 to June 30, 2021 (issued Apr. 25, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rules
Functions reached: SF/DR every customer-facing function; TR transit riders and drivers; HC every health-care visit; HR/EMP every business must supply and enforce face coverings
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

¶ 3: 'All individuals must wear a face covering, except where doing so would inhibit that individual's health or where the individual is under two years of age, while in the following places: a. when they are a rider on public transportation, or a paratransit vehicle, taxi, private car service or ride-sharing vehicle; b. when they are a customer of any business, including, but not limited to, grocery stores, convenience stores, supermarkets, laundromats, and restaurants...; c. when they are obtaining services at any healthcare provider, including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, dentists, pharmacies, blood banks and blood drives... unless directed otherwise by the healthcare provider; d. when they are in an outdoor public area... if maintaining social distancing of six (6) feet between individuals of different…

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause)

Citation: Governor John C. Carney, Thirteenth Modification of the Declaration of a State of Emergency (Apr. 25, 2020) (Ex. DE-017) Open the exhibit

Ex. DE-018

Fourteenth Modification of the Declaration of a State of Emergency

Fourteenth Modification of the Declaration of a State of Emergency (holdover tenants: rent limited to the expired agreement; no losses beyond it)

Governor John C. Carney, Delaware (State)

Dates: In force from Apr. 30, 2020 to June 30, 2021 (issued Apr. 29, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Other
Functions reached: PM property management and leasing
Grade: Primary source read
Days in this quarter: 62 (in force on the last day)

Recited in the Omnibus: 'limiting the rent that may be charged to holdover tenants and preventing landlords from charging holdover tenants with losses not covered by the expired rental agreement' (DE-031 at 4).

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Fourteenth Modification of the Declaration of a State of Emergency (Apr. 29, 2020) (Ex. DE-018) Open the exhibit

Ex. DE-020

Sixteenth Modification of the Declaration of a State of Emergency

Sixteenth Modification of the Declaration of a State of Emergency (educator evaluations, professional development and assessments suspended 'due to the suspension of the school year')

Governor John C. Carney, Delaware (State)

Dates: In force from May 10, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Schools and child care
Functions reached: IN in-person instruction (the Governor's own description: 'the suspension of the school year'); WF workforce with school-age children
Grade: Primary source read
Days in this quarter: 52 (in force on the last day)

Recited in the Omnibus: 'to suspend end-of-year evaluations for educators, professional development requirements and assessments due to the suspension of the school year caused by COVID-19' (DE-031 at 4-5).

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Sixteenth Modification of the Declaration of a State of Emergency (May 10, 2020) (Ex. DE-020) Open the exhibit

Ex. DE-049

Third Extension of the Declaration of a State of Emergency

Third Extension of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat

Governor John C. Carney, Delaware (State)

Dates: In force from June 6, 2020 to July 6, 2020
Quarters: 2020 Q22020 Q3
Limitations: Emergency declaration
Functions reached: predicate: emergency in force at the 2020 Q2/Q3 boundary
Grade: Primary source read
Days in this quarter: 25 (in force on the last day)

Extends the COVID-19 State of Emergency declaration, as modified, for thirty days (recited in DE-031 at 5: 'on June 6, 2020 at 12:30 p.m. E.D.T., I extended the COVID-19 State of Emergency declaration a third time').

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Third Extension of the Declaration of a State of Emergency (June 6, 2020) (Ex. DE-049) Open the exhibit

Agencies, boards and authorities: Delaware

Ex. AGY-ST-COURTS-048

Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan)

Third 30-day extension; Phase 1 reopening from June 8, 2020 and Phase 2 from June 15, 2020: courthouses open to the public with face coverings, six-foot distancing, no more than ten persons in a courtroom, non-courtroom public areas closed, corrective action at 50 percent of building capacity

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from June 8, 2020 to June 30, 2021 (issued June 5, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Emergency declarationCapacity limitGathering capFace-covering requirementCourts and public offices
Functions reached: CT courts and agencies (capacity, gathering and mask limits in every courthouse); WF workforce (staffing capped at 50 percent); SV servicing and collections (civil hearings with witnesses only from Phase 2)
Grade: Primary source read
Days in this quarter: 23 (in force on the last day)

(1) Under the authority of 10 Del. C. § 2004, the judicial emergency for all State courts and their facilities in Delaware is extended for another 30 days effective June 8, 2020, subject to further review. (2) As recommended in the Interim Report, the courts... will reopen to additional employees and the public in the phases set forth below.... B. Phase 2 i. Phase 2 shall commence on June 15, 2020.... ii. During Phase 2, all State courthouses will open to the public. All individuals must wear face coverings and maintain 6-feet of social distance from individuals outside of their household. No more than 10 individuals will be permitted in a courtroom or courtroom-related public areas, excluding court staff and attorneys. All non-courtroom related public areas shall remain closed. Courthouse admission will be monitored and corrective action will be taken when 50% of building capacity is…

Enforcement: 10 Del. C. §§ 2004-2009

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048) Open the exhibit

Ex. AGY-ST-COURTS-015

Standing Order No. 2 Concerning COVID-19 Precautionary Measures

Suspension of all civil and criminal jury trials and petit jury duty through April 15, 2020; postponement of case reviews and problem-solving court hearings

Superior Court of the State of Delaware (President Judge Jan R. Jurden), Superior Court of the State of Delaware (statewide) (Court)

Dates: In force from Mar. 16, 2020 to Apr. 15, 2020 (issued Mar. 15, 2020)
Quarters: 2020 Q2
Limitations: Gathering capCourts and public offices
Functions reached: CT courts and agencies (civil trials suspended: collection, contract, personal-injury and commercial dockets); SV servicing and collections (civil judgments delayed); WF workforce (jury service excused)
Grade: Primary source read
Days in this quarter: 31

1. All Civil and Criminal Jury Trials are suspended through and including April 15, 2020. 2. Petit jury duty is suspended through and including April 15, 2020. Individuals summoned for petit jury duty during this time period are excused and should not appear.... 4. First Case Reviews are suspended through and including April 15, 2020.

Enforcement: Standing order of the court under the Supreme Court's judicial-emergency order

Citation: Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 2 Concerning COVID-19 Precautionary Measures (Mar. 15, 2020) (Ex. AGY-ST-COURTS-015) Open the exhibit

Ex. AGY-ST-COURTS-021

Order Declaring a Judicial Emergency

Declaration of a statewide judicial emergency effective 8:00 a.m. March 16, 2020 for 30 days; trial courts authorized to continue all trials and hearings; audiovisual proceedings authorized; Speedy Trial Guidelines tolled

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (Chief Justice; statewide) (Court)

Dates: In force from Mar. 16, 2020 to July 13, 2021 (issued Mar. 13, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationGathering capCourts and public offices
Functions reached: CT courts and agencies (all Delaware courts); SV servicing and collections; CL closings; PM property management (eviction dockets); WF workforce (jurors, witnesses)
Grade: Primary source read
Days in this quarter: 107 (in force on the last day)

1. Under the authority of 10 Del. C. § 2004, a judicial emergency is declared, to become effective March 16, 2020 at 8:00 a.m. and continuing for 30 days, subject to further review. 2. During the period of judicial emergency, all trial courts in the State shall have the discretion to continue trials and hearings in civil and criminal cases for a period of 30 days in order to limit the number of people gathering in public court buildings. 3. To the greatest extent possible, all trial courts in the State are authorized and encouraged to utilize audiovisual devices to conduct proceedings (except for jury trials). 4. During the period of judicial emergency, all time requirements under the Speedy Trial Guidelines are hereby tolled.

Enforcement: 10 Del. C. §§ 2004-2009 (judicial emergency powers: venue changes, audiovisual proceedings, suspension and tolling of deadlines, 'such other actions as are reasonably necessary')

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021) Open the exhibit

Ex. AGY-ST-COURTS-024

Administrative Order No. 3: Statewide Judiciary Restricted Operations and the Temporary Suspension of Statutes of Limitations, Filing Deadlines and Notarization Requirements in All Courts

All courthouses and administrative offices closed to the public from March 23 to April 15, 2020; essential matters only, remotely where possible; statutes of limitation, filing deadlines and notarization requirements suspended

Supreme Court of Delaware (Chief Justice Collins J. Seitz, Jr.), Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from Mar. 23, 2020 to Apr. 15, 2020 (issued Mar. 22, 2020)
Quarters: 2020 Q2
Limitations: Business closureTelework mandateCourts and public offices
Functions reached: CT courts and agencies (courthouses closed to the public; deadlines and limitations suspended); CL closings (notarization requirements suspended); SV servicing and collections (civil dockets halted); PM property management (eviction and ejectment dockets halted); DM titles and records (Prothonotary and Register in Chancery public access closed); OF office (judicial employees ordered to work remotely)
Grade: Primary source read
Days in this quarter: 24

1. All courthouses and their administrative offices in the State of Delaware are closed to the public beginning March 23, 2020 until April 15, 2020 or further order of the Chief Justice of the Supreme Court of Delaware. Access to the State courthouses is restricted to identified personnel and emergency and essential hearings and operations; 2. Each state court shall have sufficient judicial officers and staff to hear emergency and essential matters in person or remotely through video or teleconferencing during the pendency of this Order; 3.... Other judicial branch personnel shall not report to the courthouses until further notice. Instead, other judicial branch personnel shall work remotely

Enforcement: 10 Del. C. §§ 2004-2009; Del. Const. art. IV, § 13

Citation: Supreme Court of Delaware (Chief Justice Collins J. Seitz, Jr.), Administrative Order No. 3: Statewide Judiciary Restricted Operations and the Temporary Suspension of Statutes of Limitations, Filing Deadlines and Notarization Requirements in All Courts (Mar. 22, 2020) (Ex. AGY-ST-COURTS-024) Open the exhibit

Ex. AGY-ST-COURTS-017

Amended Standing Order No. 4 Concerning COVID-19 Precautionary Measures

Civil jury trials suspended through May 29, 2020; non-essential civil and criminal matters postponed; essential matters by video and telephone

Superior Court of the State of Delaware (President Judge Jan R. Jurden), Superior Court of the State of Delaware (statewide) (Court)

Dates: In force from Mar. 31, 2020 to May 29, 2020 (issued Mar. 30, 2020)
Quarters: 2020 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT courts and agencies (all non-essential civil matters postponed); SV servicing and collections; CL closings (litigation-dependent transactions)
Grade: Primary source read
Days in this quarter: 60

1. Civil Jury Trials. All Civil Jury Trials are suspended through and including May 29, 2020. Trials scheduled to begin between April 15, 2020 and May 29, 2020 will be rescheduled by the assigned judge as early as reasonably practicable. All deadlines are suspended for the submission of pretrial stipulations, proposed jury instructions, and motions in limine... 2. Civil Proceedings. Essential matters as the court may allow... To the extent possible, these matters will continue through the use of video and telephone instead of in-person appearances... Non-essential matters will be postponed until further notice.

Enforcement: Standing order of the court under Supreme Court AO No. 3

Citation: Superior Court of the State of Delaware (President Judge Jan R. Jurden), Amended Standing Order No. 4 Concerning COVID-19 Precautionary Measures (Mar. 30, 2020) (Ex. AGY-ST-COURTS-017) Open the exhibit

Ex. AGY-ST-COURTS-025

Release: Judicial Emergency and closure of all Delaware Court facilities to the public extended to May 14, 2020 (Administrative Order No. 4)

Release announcing the first 30-day extension of the judicial emergency and of the closure of all court facilities to the public, to May 14, 2020

Delaware Judiciary, for Chief Justice Seitz, Delaware Judiciary (statewide) (Court)

Dates: In force from Apr. 15, 2020 to May 14, 2020 (issued Apr. 14, 2020)
Quarters: 2020 Q2
Limitations: Emergency declarationBusiness closureCourts and public offices
Functions reached: CT courts and agencies; SV servicing and collections; PM property management
Grade: Confirmed from a secondary source
Days in this quarter: 30

Delaware Chief Justice Collins J. Seitz, Jr. today extended the Judicial Emergency... until May 14, 2020.... the Chief Justice also extended the closure of all court facilities to the public - with the exception of the Justice of the Peace Court's three 24-hour courts - until May 14, 2020.... During this unprecedented time, the Courts have halted all trials and to the extent possible have been conducting hearings by video conference or telephonic proceedings. Courthouse staff have been reduced and many court employees have been working remotely.

Enforcement: n/a (release).

Citation: Delaware Judiciary, for Chief Justice Seitz, Release: Judicial Emergency and closure of all Delaware Court facilities to the public extended to May 14, 2020 (Administrative Order No. 4) (Apr. 14, 2020) (Ex. AGY-ST-COURTS-025) Open the exhibit

Ex. AGY-ST-COURTS-026

Release: Chief Justice Collins J. Seitz, Jr. extends Judicial Emergency to June 13, 2020 (Administrative Order No. 6)

Release announcing the second 30-day extension; court facilities to remain closed to the public at least through June 13, 2020; Court Reopening Committee established

Delaware Judiciary, for Chief Justice Seitz, Delaware Judiciary (statewide) (Court)

Dates: In force from May 15, 2020 to June 13, 2020 (issued May 14, 2020)
Quarters: 2020 Q2
Limitations: Emergency declarationBusiness closureCourts and public offices
Functions reached: CT courts and agencies; SV servicing and collections; PM property management
Grade: Confirmed from a secondary source
Days in this quarter: 30

Delaware Supreme Court Chief Justice Collins J. Seitz, Jr. extended the Judicial Emergency and related orders... until June 13, 2020. This is the second 30-day extension of the March 16, 2020 Judicial Emergency Order. This means that court facilities will continue to be closed to the public at least through June 13, 2020... 'Those restrictions--vital to protecting the health and safety of Delawareans--do not presently allow us to increase activity in judicial facilities'

Enforcement: n/a (release).

Citation: Delaware Judiciary, for Chief Justice Seitz, Release: Chief Justice Collins J. Seitz, Jr. extends Judicial Emergency to June 13, 2020 (Administrative Order No. 6) (May 14, 2020) (Ex. AGY-ST-COURTS-026) Open the exhibit

Ex. AGY-ST-COURTS-014

Standing Order No. 1 Concerning COVID-19 Precautionary Measures

First Superior Court standing order: telephonic proceedings favored; notice-and-confer requirements for trials involving possibly infected or exposed persons

Superior Court of the State of Delaware (President Judge Jan R. Jurden), Superior Court of the State of Delaware (statewide trial court of general jurisdiction) (Court)

Dates: In force from Mar. 9, 2020 to June 13, 2020
Quarters: 2020 Q2
Limitations: Courts and public officesQuarantine and isolation
Functions reached: CT courts and agencies
Grade: Primary source read
Days in this quarter: 93 (in force on the first day)

NOW, THEREFORE, it is HEREBY ORDERED, this 9th day of March, 2020, that the Superior Court will implement the following precautionary measures, which will remain in place until further order of the Court: 1. The Court will consider conducting proceedings telephonically when it believes it would be practicable and efficient to do so... 2.... Any attorney or self-represented party appearing in a case shall promptly provide written notice... if such attorney or party reasonably believes that a scheduled trial or in-person hearing may require or cause the presence of an individual who (i) may be infected with COVID-19 or (ii) has been in contact within the past fourteen (14 days) with an individual who may be infected

Enforcement: Standing order of the court; non-compliance addressed by the court's contempt and scheduling powers

Citation: Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 1 Concerning COVID-19 Precautionary Measures (Mar. 9, 2020) (Ex. AGY-ST-COURTS-014) Open the exhibit

Ex. AGY-ST-COURTS-022

Release: Delaware Supreme Court Chief Justice Declares Judicial Emergency

Release explaining the March 13, 2020 judicial emergency declaration and the standing orders of every Delaware court

Delaware Judiciary (State Court Administrator Gayle Lafferty), for Chief Justice Seitz, Delaware Judiciary (Administrative Office of the Courts) (statewide) (Court)

Dates: In force from Mar. 14, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Emergency declarationCourts and public offices
Functions reached: CT courts and agencies
Grade: Primary source read
Days in this quarter: 109 (in force on the last day)

Effective 8 a.m. Monday, March 16, 2020, Chief Justice Collins J. Seitz, Jr. exercised his authority under State law to declare a judicial emergency.... The declaration gives all trial courts in Delaware the flexibility to continue trials and hearings in civil and criminal cases for 30 days.... All Delaware Courts have adopted standing orders implementing preventative measures related to Covid-19

Enforcement: n/a (release)

Citation: Delaware Judiciary (State Court Administrator Gayle Lafferty), for Chief Justice Seitz, Release: Delaware Supreme Court Chief Justice Declares Judicial Emergency (Mar. 14, 2020) (Ex. AGY-ST-COURTS-022) Open the exhibit

Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-006

DART First State 'Reduced Service Schedule' notice (last updated Mar. 20, 2020): weekday fixed-route service on Saturday schedules statewide from Mar. 18, 2020 until further notice; paratransit no longer accepting cash or tickets from Mar. 21, 2020

DART to Operate Reduced Weekday Service Statewide Until Further Notice

Delaware Transit Corporation (DART First State), a subsidiary of the Delaware Department of Transportation, Delaware (statewide: New Castle, Kent and Sussex Counties) (State)

Dates: In force from Mar. 18, 2020 to Apr. 2, 2020
Quarters: 2020 Q2
Limitations: Travel and quarantineOther
Functions reached: WF commuting workforce (weekday service cut to Saturday levels statewide); CB customer access; TV travel
Character: binding
Grade: Primary source read
Days in this quarter: 16

Starting on Wednesday, March 18, 2020, DART will operate a reduced service schedule until further notice. On weekdays, regular fixed route services will operate on a Saturday service schedule statewide, with additional service on Routes 15, 18, 43 and 301.... Paratransit: Starting Saturday, March 21, DART Paratransit will no longer be accepting cash or tickets. Customers will be billed for their trips at a later date.

Enforcement: Carrier operating rule; no penalty clause

Citation: Delaware Transit Corporation (DART First State), a subsidiary of the Delaware Department of Transportation, DART First State 'Reduced Service Schedule' notice (last updated Mar. 20, 2020): weekday fixed-route service on Saturday schedules statewide from Mar. 18, 2020 until further notice; paratransit no longer accepting cash or tickets from Mar. 21, 2020 (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-006) Open the exhibit

Ex. AGY-ST-COURTS-016

Standing Order No. 3 Suspending 'Courtesy' Copies to Chambers

Suspension of paper courtesy copies to chambers in civil and criminal actions

Superior Court of the State of Delaware (President Judge Jan R. Jurden), Superior Court of the State of Delaware (statewide) (Court)

Dates: In force from Mar. 19, 2020 to Sept. 30, 2020 (issued Mar. 18, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Courts and public offices
Functions reached: CT courts and agencies; OF office and administration (law-firm filing and courier work)
Grade: Primary source read
Days in this quarter: 104 (in force on the last day)

1. In civil actions, Lawyers shall not submit paper copies or provide 'courtesy' copies to chambers of any documents that have been electronically filed with the Court, unless a judge makes a specific request subsequent to this Standing Order for paper copies.

Enforcement: Standing order of the court

Citation: Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 3 Suspending 'Courtesy' Copies to Chambers (Mar. 18, 2020) (Ex. AGY-ST-COURTS-016) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-061

Order Adopting Measures Granting Temporary Relief to Registrants Affected by the COVID-19 Outbreak

Investor Protection Director, Delaware Department of Justice, Delaware; Investor Protection Unit, Department of Justice (State securities regulator) (Sector regulator)

Dates: In force from Mar. 27, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Telework mandateOther
Functions reached: WM broker-dealers and advisers (displaced personnel; temporary offices); OP; HR
Grade: Primary source read
Days in this quarter: 96 (in force on the last day)

WHEREAS, on March 22, 2020, Governor Carney issued the Fifth Modification of the State of Emergency which, in part, ordered Delaware residents to shelter in place except as otherwise permitted by the Declaration effective March 24, 2020, and exempting individuals engaged in certain essential [businesses; and... financial professionals who] are not registered or notice filed with the Director have been displaced from their ordinary business [locations]... [such financial professionals are] temporarily exempted from the registration and filing requirements of the Act and the Rules Pursuant to the Act in the following circumstances and provided the Financial Professional meets all of the following requirements... IT IS HEREBY ORDERED on this 27th day of March, 2020

Enforcement: 6 Del. C. §§ 73-601 et seq. (enforcement; penalties)

Citation: Investor Protection Director, Delaware Department of Justice, Order Adopting Measures Granting Temporary Relief to Registrants Affected by the COVID-19 Outbreak (Mar. 27, 2020) (Ex. AGY-ST-INSURANCE-BANKING-061) Open the exhibit

Ex. AGY-ST-COURTS-018

Standing Order No. 5 Concerning COVID-19 Precautionary Measures

Grand jury proceedings, criminal case reviews, suppression hearings, most criminal motions, sentencings and criminal trials suspended and stayed until April 15, 2020

Superior Court of the State of Delaware (President Judge Jan R. Jurden), Superior Court of the State of Delaware (statewide) (Court)

Dates: In force from Apr. 3, 2020 to Apr. 15, 2020
Quarters: 2020 Q2
Limitations: Courts and public offices
Functions reached: CT courts and agencies
Grade: Primary source read
Days in this quarter: 13

All Grand Jury proceedings, Criminal Case Reviews, Suppression hearings, Criminal motions that do not relate to a change in the custody status of the defendant, the filing of and responses to Rule 61 motions, sentencing (unless the parties represent to the Court that it may affect the custody status of the defendant), and criminal trials are suspended and stayed until April 15, 2020, subject to further review.

Enforcement: Standing order of the court

Citation: Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 5 Concerning COVID-19 Precautionary Measures (Apr. 3, 2020) (Ex. AGY-ST-COURTS-018) Open the exhibit

Ex. AGY-ST-COURTS-019

Standing Order No. 6 Concerning COVID-19 Precautionary Measures

Extension of every expiration date in Standing Orders Nos. 1-5 to May 14, 2020

Superior Court of the State of Delaware (President Judge Jan R. Jurden), Superior Court of the State of Delaware (statewide) (Court)

Dates: In force from Apr. 14, 2020 to May 14, 2020
Quarters: 2020 Q2
Limitations: Courts and public offices
Functions reached: CT courts and agencies; SV servicing and collections
Grade: Primary source read
Days in this quarter: 31

IT IS HEREBY ORDERED that this Standing Order No. 6 is issued to modify Standing Orders Nos. 1, 2, 3, 4 (as amended) and 5 to extend any expiration dates, set forth therein, to May 14, 2020, subject to further review.

Enforcement: Standing order of the court

Citation: Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 6 Concerning COVID-19 Precautionary Measures (Apr. 14, 2020) (Ex. AGY-ST-COURTS-019) Open the exhibit

Ex. AGY-ST-COURTS-047

Administrative Order No. 5: Use of Face Masks/Coverings in Court Facilities

Face coverings required for court staff, lawyers, litigants, jurors, contractors, vendors and all visitors in common and public areas of court facilities where six feet cannot be maintained

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from Apr. 30, 2020 to May 20, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Face-covering requirementCourts and public offices
Functions reached: CT courts and agencies; WF workforce (court staff, contractors, vendors)
Grade: Primary source read
Days in this quarter: 62 (in force on the last day)

1. Court staff should wear a mask or face covering when interacting with the public and when in the common or public areas of court facilities if staff cannot maintain a 6-foot separation from other individuals.... 2. The provisions of paragraph 1 also apply to lawyers, litigants, jurors, contractors, vendors, and any other visitors to any court facility. 3. This Order shall remain in effect until amended or vacated.

Enforcement: 10 Del. C. § 2009 ('such other actions as the Chief Justice reasonably believes are necessary')

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 5: Use of Face Masks/Coverings in Court Facilities (Apr. 30, 2020) (Ex. AGY-ST-COURTS-047) Open the exhibit

Ex. AGY-ST-COURTS-031

Standing Order No. 7 Concerning COVID-19 Precautionary Measures

Extension of every expiration date in Standing Orders Nos. 1-6 to June 13, 2020; recital of Supreme Court AOs Nos. 3-6 (courthouse closures; masks required from Apr. 30, 2020)

Superior Court of the State of Delaware (President Judge Jan R. Jurden), Superior Court of the State of Delaware (statewide) (Court)

Dates: In force from May 19, 2020 to June 13, 2020
Quarters: 2020 Q2
Limitations: Face-covering requirementCourts and public offices
Functions reached: CT courts and agencies; SV servicing and collections
Grade: Primary source read
Days in this quarter: 26

WHEREAS, the Delaware Supreme Court, on April 30, 2020, issued Administrative Order No. 5, requiring the wearing of a mask or face covering by court staff, lawyers, litigants, jurors, contractors, vendors and visitors to any court facility... WHEREAS, the Delaware Supreme Court, on May 14, 2020, issued Administrative Order No. 6, extending the judicial emergency for another 30 days through June 13, 2020, closing all public courthouses in the State... IT IS HEREBY ORDERED that this Standing Order No. 7 is issued to modify Standing Orders Nos. 1, 2, 3, 4 (as amended), 5 and 6 to extend any expiration dates, set forth therein, to June 13, 2020

Enforcement: Standing order of the court

Citation: Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 7 Concerning COVID-19 Precautionary Measures (May 19, 2020) (Ex. AGY-ST-COURTS-031) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-063

Emergency Secretary's Order amending 16 Del. Admin. C. § 3201 Skilled and Intermediate Care Nursing Facilities, lines 2.21, 5.5.9, 8.3.1 and Section 6.11 (23 DE Reg. 966 (June 1, 2020))

Nursing Facilities: COVID-19 testing of residents and staff, documentation and reporting; emergency-preparedness amendments

Secretary, Department of Health and Social Services, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates: In force from June 1, 2020 to Sept. 25, 2020 (issued May 26, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IC infection control (resident and staff testing); HR staffing; OF documentation and reporting; RS residential care
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

It is hereby ordered, that 16 Del. Admin. C. § 3201: Skilled and Intermediate Care Nursing Facilities, specifically, lines 2.21, 5.5.9, 8.3.1 and Section 6.11, which expand definitions, documentation, emergency preparedness, and testing requirements, is temporarily modified [as shown]... 6.11 Specific Requirements for COVID-19. 6.11.1 Residents. 6.11.1.1 All residents should be tested upon identification of another resident with symptoms consistent with COVID-19, or if facility staff have tested positive for COVID-19.... [6.11.2 staff testing consistent with Division of Public Health guidance; results documented and reported]... This Emergency Order shall take effect on June 1, 2020.

Enforcement: Nursing facility licensure sanctions (16 Del. C. ch. 11); 16 Del. C. § 107

Citation: Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 Del. Admin. C. § 3201 Skilled and Intermediate Care Nursing Facilities, lines 2.21, 5.5.9, 8.3.1 and Section 6.11 (23 DE Reg. 966 (June 1, 2020)) (May 26, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-063) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-064

Emergency Secretary's Order amending 16 Del. Admin. C. § 3225 Assisted Living Facilities (23 DE Reg. 968 (June 1, 2020))

Assisted Living Facilities: resident testing on identification of a case; baseline COVID-19 test of all staff, vendors and volunteers within two weeks; documentation and reporting to the Division of Public Health

Secretary, Department of Health and Social Services, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates: In force from June 1, 2020 to Sept. 25, 2020 (issued May 26, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IC infection control (baseline testing of all staff, vendors and volunteers); SC vendors (tested before entry); HR staffing; OF documentation and reporting
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

It is hereby ordered, that 16 Del. Admin. C. § 3225: Assisted Living Facilities, specifically, line [2.x, 9.8 and related sections, which expand definitions, documentation, emergency] preparedness, and testing requirements, is temporarily modified as shown by underline... 9.8.1.1 All residents should be tested upon identification of another resident with symptoms consistent with COVID-19, or if facility staff have tested positive for COVID-19. 9.8.1.2 All other resident testing should be consistent with Division of Public Health guidance... 9.8.1.3 All testing and test results must be documented in the resident medical record. 9.8.1.4 Facilities must report all resident testing and test results, to the Delaware Division of [Public Health]... 9.8.2.1 All staff, vendors and volunteers who have not previously tested positive for COVID-19 must receive a baseline COVID-19 test within 2 weeks…

Enforcement: Assisted living licensure sanctions (16 Del. C. ch. 11); 16 Del. C. § 107

Citation: Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 Del. Admin. C. § 3225 Assisted Living Facilities (23 DE Reg. 968 (June 1, 2020)) (May 26, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-064) Open the exhibit

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

Federal layer

Ex. FED-029

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332

General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-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):

Exhibit	Citation	Dates	Limitations
Ex. FED-192	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	In force from Apr. 16, 2020 to Sept. 30, 2020	Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-097	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	In force from Mar. 13, 2020 to Sept. 17, 2020	Business closureGathering capHealth care orders
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-390	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	In force from Mar. 17, 2020 to Oct. 22, 2020	Business closure
Ex. FED-391	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	In force from Mar. 23, 2020 to Sept. 30, 2020	Business closureCourts and public offices
Ex. FED-028	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)	Business closureTravel and quarantineEvents and venues
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-393	U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)	In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)	Business closure
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-088	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	In force from Mar. 9, 2020 to Jan. 29, 2021	Workplace rules
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders

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 Delaware

Ex. DE-027

Twenty-Third Modification of the Declaration of a State of Emergency

Twenty-Third Modification of the Declaration of a State of Emergency (Phase 2 temporary business restrictions on taprooms and bar service in outbreak zip codes from July 3; insurance, eviction, foreclosure and utility provisions modified July 1; child-care authority transferred to DDOE)

Governor John C. Carney, Delaware (State)

Dates: In force from July 1, 2020 to Nov. 6, 2020 (issued June 30, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureCapacity limitSchools and child careAlcohol and barsCourts and public officesOther
Functions reached: BA bar service closed to standing patrons in beach zip codes; CT courts (reopened June 8, 2020; housing matters stayed); PM/SV evictions and foreclosures (stays modified); IN insurance grace period
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

§ A: 'Notwithstanding the provisions of the Twenty-First Modification and the Phase 2 Reopen Plan, effective July 3, 2020 at 8:00 a.m. E.D.T., the following additional restrictions shall apply to taprooms and bar service in [the designated beach-area zip codes]': establishments 'may open the bar to prepare drinks to be brought to diners seated at tables' only; 'All patrons must wear face coverings upon [entering and exiting and while] placing and receiving an order'; reservations required; 'dance floors, arcade/bar game areas, pool tables' closed. Recital: 'on June 8, 2020 the Delaware courts reopened to conduct business, but eviction and foreclosure matters continue to be stayed per the 6th Modification.' §§ B-E modify the Sixth Modification's insurance, eviction, foreclosure and utility paragraphs effective July 1, 2020 (grace periods; court-supervised resumption). § F.2: child-care…

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause)

Citation: Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027) Open the exhibit

Ex. DE-031

Twenty-Seventh Modification of the Declaration of a State of Emergency (the 'Omnibus Modification')

Twenty-Seventh Modification of the Declaration of a State of Emergency (consolidating all active COVID-19 restrictions into a single order: DEMA and DPH powers; beaches; child care; consumer protection; education; elections; face coverings; FOIA; insurance; long-term care; public health; State government; Phase Two Reopening; youth and amateur sports)

Governor John C. Carney, Delaware (State)

Dates: In force from Sept. 4, 2020 to Dec. 10, 2020 (issued Sept. 3, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careHealth care ordersAlcohol and barsEvents and venuesCourts and public officesWorkplace rulesOther
Functions reached: SF/DR/SL/AM every business at 60 percent (gyms 30 percent); MC/EV/MK conventions, festivals, weddings and events over 250 prohibited; BA bar service under reservation and seating rules; MASK every customer, employee and visitor; OF telework: 'should continue working from home'; State employees barred from out-of-state business travel; EC child care group sizes; IN/SCH school code; PM/SV/IN eviction, foreclosure, utility and insurance provisions; CT public bodies meeting electronically; FOIA deadlines
Grade: Primary source read
Days in this quarter: 27 (in force on the last day)

'do hereby order that the COVID-19 State of Emergency declaration, as modified by the First through Twenty-Sixth Modifications and extended on April 10, 2020, May 8, 2020, June 6, 2020, July 6, 2020, August 5, 2020, and September 3, 2020 are hereby stricken in their entirety and substituted with the following provisions, which shall become effective September 4, 2020 at 8:00 a.m. E.D.T.' § B: 'This Order and any emergency rules or regulations effected therefrom remain effective until the termination of the State of Emergency, except as may be rescinded, superseded, amended, or revised by additional orders.' § C.1: 'At a minimum, towns must: [limit beach capacity; Beach Ambassadors].' § H.3: businesses must 'Require customers and visitors to businesses, indoor or outdoor spaces open to the public to wear face coverings'; 'Provide face coverings for employees, contractors, and volunteers.'…

Enforcement: § P.2 force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125; § A.5 DPH inspection authority; sports schedules: 'Fines or closure may be imposed upon facilities'

Citation: Governor John C. Carney, Twenty-Seventh Modification of the Declaration of a State of Emergency (the 'Omnibus Modification') (Sept. 3, 2020) (Ex. DE-031) Open the exhibit

Ex. DE-056

First Revision to the Twenty-Seventh Modification (Omnibus Modification)

First Revision to the Twenty-Seventh Modification (school reopening and positive-case notification; FOIA response periods restored; Medicaid dental copay; large-gathering plan process; 30 percent categories)

Governor John C. Carney, Delaware (State)

Dates: In force from Sept. 25, 2020 to May 21, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitGathering capSchools and child careOther
Functions reached: IN school reopening under DDOE instructions; MK/EV large gatherings by plan only
Grade: Primary source read
Days in this quarter: 6 (in force on the last day)

§ F.1: 'SCHOOL REOPENING. Local Education Agencies ("LEAs"), private, and parochial schools will follow the school reopening instructions provided by the DDOE on its website at https://de.gov/schoolreopening.' § F.2: 'Effective immediately, all LEAs, private, and parochial schools must notify parents/guardians, school personnel, and students aged eighteen (18) and up if the school becomes aware that a person who tested positive was in the school building at the same time as students.' § N.3: gatherings over 250 'are hereby prohibited at all locations and venues, except that hosts of large gatherings and events may apply to host a large gathering or event by submitting a plan... at least seven (7) days prior.'

Enforcement: Omnibus § P.2 (force and effect of law; criminal offense)

Citation: Governor John C. Carney, First Revision to the Twenty-Seventh Modification (Omnibus Modification) (Sept. 25, 2020) (Ex. DE-056) Open the exhibit

Ex. DE-028

Twenty-Fourth Modification of the Declaration of a State of Emergency

Twenty-Fourth Modification of the Declaration of a State of Emergency (face coverings for children; statewide food-and-drink and bar-service rules; personal care 60 percent; senior centers 30 percent; personal driving schools reopened)

Governor John C. Carney, Delaware (State)

Dates: In force from July 27, 2020 to Sept. 4, 2020 (issued July 24, 2020)
Quarters: 2020 Q3
Limitations: Capacity limitFace-covering requirementAlcohol and barsWorkplace rules
Functions reached: BA bar service statewide under reservation and seating rules; DR dining at 60 percent; SL personal care at 60 percent with mask rules; DN senior centers at 30 percent
Grade: Primary source read
Days in this quarter: 40

§ B.1 (Food and Drink Establishments): 'the total number of guests within an establishment shall not exceed sixty percent (60%) of that establishment's stated fire occupancy requirements'; '(ii) Establishments that are not able to reach at least sixty percent (60%) of fire code occupancy (excluding staff) while complying [with distancing] may request a plan approval'; 'Bar service and seating at a bar may reopen as long as proper social distancing' with reservations and seated service. § 3: senior centers, adult day centers and congregate nutrition programs 'may reopen... [at] thirty percent (30%).' § 2.x: 'Personal Driving Schools... may reopen... occupants must wear face coverings at all times.'

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause)

Citation: Governor John C. Carney, Twenty-Fourth Modification of the Declaration of a State of Emergency (July 24, 2020) (Ex. DE-028) Open the exhibit

Ex. DE-030

Twenty-Sixth Modification of the Declaration of a State of Emergency

Twenty-Sixth Modification of the Declaration of a State of Emergency (youth and amateur adult sports: DPH-approved plans; tournaments barred absent approval; face coverings for athletes, coaches, officials and spectators)

Governor John C. Carney, Delaware (State)

Dates: In force from Sept. 2, 2020 to Sept. 4, 2020 (issued Sept. 1, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capFace-covering requirementEvents and venues
Functions reached: SP sports leagues and tournaments; FC facilities; CN concessions and spectators
Grade: Primary source read
Days in this quarter: 3

§ C.1: 'Tournaments are not permitted until plans for the tournaments are approved by DPH.' § D: 'Athletes participating in high risk sports and activities must wear a face covering...; All athletes playing indoors must wear face coverings at all times...; Coaches and all staff must wear a face covering at all times...; Spectators and others must wear a face covering at all times while indoors.'

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause); rescission of plan approval

Citation: Governor John C. Carney, Twenty-Sixth Modification of the Declaration of a State of Emergency (Sept. 1, 2020) (Ex. DE-030) Open the exhibit

Ex. DE-029

Twenty-Fifth Modification of the Declaration of a State of Emergency

Twenty-Fifth Modification of the Declaration of a State of Emergency (school reopening under DDOE instructions; notification of positive cases; face coverings for children kindergarten to 18 in child care and schools; distancing, cohorting and bus rules)

Governor John C. Carney, Delaware (State)

Dates: In force from Aug. 27, 2020 to Sept. 4, 2020 (issued Aug. 26, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN in-person instruction under DDOE hybrid and remote models; EC child care masking and cohorting; TR school transport capacity; WF workforce with school-age children
Grade: Primary source read
Days in this quarter: 9

§ A: 'SCHOOL REOPENING: LEAs will follow the school reopening instructions provided by the DDOE.' § C.1.i: 'Students in Kindergarten and above shall wear face coverings while inside child care homes and centers and at schools at all times except for meals, naps, or when doing so would inhibit the child's health. If outside at a child care home or center or at a school, face coverings shall be worn by students (Kindergarten and above) if social distancing cannot be maintained.' § C.2: 'students must be seated a minimum of 3' apart with face coverings'; 'Child care homes and centers and schools must discontinue off-site field trips.' § C.5.i: bus 'Capacity must be limited by the number of students that can be seated three (3) or more feet apart on the school bus with face coverings (one student per row...).'

Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause)

Citation: Governor John C. Carney, Twenty-Fifth Modification of the Declaration of a State of Emergency (Aug. 26, 2020) (Ex. DE-029) Open the exhibit

Ex. DE-050

Sixth Extension of the Declaration of a State of Emergency

Sixth Extension of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat

Governor John C. Carney, Delaware (State)

Dates: In force from Sept. 3, 2020 to Oct. 2, 2020
Quarters: 2020 Q32020 Q4
Limitations: Emergency declaration
Functions reached: predicate: emergency in force at the 2020 Q3/Q4 boundary
Grade: Primary source read
Days in this quarter: 28 (in force on the last day)

Extends the COVID-19 State of Emergency declaration a sixth time (recited in DE-031 at 7).

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Sixth Extension of the Declaration of a State of Emergency (Sept. 3, 2020) (Ex. DE-050) Open the exhibit

Continuing in force from an earlier quarter of this report (17 instruments):

Exhibit	Citation	Dates	Limitations
Ex. DE-005	Governor John C. Carney, Fourth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-005)	In force from Mar. 24, 2020 to Apr. 7, 2020 (issued Mar. 22, 2020)	Business closureTelework mandateCapacity limitWorkplace rules
Ex. DE-021	Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021)	In force from May 15, 2020 to May 21, 2021 (issued May 14, 2020)	Business closureCapacity limitFace-covering requirementEvents and venues
Ex. DE-025	Governor John C. Carney, Twenty-First Modification of the Declaration of a State of Emergency (June 14, 2020) (Ex. DE-025)	In force from June 15, 2020 to Sept. 4, 2020 (issued June 14, 2020)	Telework mandateCapacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rules
Ex. DE-026	Governor John C. Carney, Twenty-Second Modification of the Declaration of a State of Emergency (June 19, 2020) (Ex. DE-026)	In force from June 20, 2020 to Sept. 4, 2020 (issued June 19, 2020)	Capacity limitGathering capEvents and venues
Ex. DE-011	Governor John C. Carney, Eighth Modification of the Declaration of a State of Emergency (Mar. 30, 2020) (Ex. DE-011)	In force from Mar. 30, 2020 to June 15, 2020	Business closureSchools and child careHealth care ordersWorkplace rules
Ex. DE-065	Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus) (Mar. 9, 2020) (Ex. DE-065)	In force from Mar. 9, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. DE-001	Governor John C. Carney, Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (Mar. 12, 2020) (Ex. DE-001)	In force from Mar. 13, 2020 to July 13, 2021 (issued Mar. 12, 2020)	Emergency declaration
Ex. DE-071	Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 116, COVID-19 (Mar. 20, 2020) (Ex. DE-071)	In force from Mar. 20, 2020 to June 30, 2021	Health care ordersOther
Ex. DE-007	Governor John C. Carney, Declaration of a Public Health Emergency for the State of Delaware (Mar. 23, 2020) (Ex. DE-007)	In force from Mar. 23, 2020 to July 12, 2021	Emergency declarationHealth care ordersQuarantine and isolation
Ex. DE-008	A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, on behalf of DHSS, Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency (Mar. 23, 2020) (Ex. DE-008)	In force from Mar. 23, 2020 to Dec. 1, 2020	Health care orders
Ex. DE-009	Governor John C. Carney, Sixth Modification of the Declaration of a State of Emergency (Mar. 24, 2020) (Ex. DE-009)	In force from Mar. 25, 2020 to July 1, 2020 (issued Mar. 24, 2020)	Courts and public officesWorkplace rulesOther
Ex. DE-015	Governor John C. Carney, Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. B (Ex. DE-015)	In force from Apr. 15, 2020 to July 13, 2021	Health care ordersCourts and public officesQuarantine and isolation
Ex. DE-016	Governor John C. Carney, Twelfth Modification of the Declaration of a State of Emergency (Apr. 23, 2020) (Ex. DE-016)	In force from Apr. 23, 2020 to July 13, 2021	Health care orders
Ex. DE-017	Governor John C. Carney, Thirteenth Modification of the Declaration of a State of Emergency (Apr. 25, 2020) (Ex. DE-017)	In force from Apr. 28, 2020 to June 30, 2021 (issued Apr. 25, 2020)	Face-covering requirementWorkplace rules
Ex. DE-018	Governor John C. Carney, Fourteenth Modification of the Declaration of a State of Emergency (Apr. 29, 2020) (Ex. DE-018)	In force from Apr. 30, 2020 to June 30, 2021 (issued Apr. 29, 2020)	Other
Ex. DE-020	Governor John C. Carney, Sixteenth Modification of the Declaration of a State of Emergency (May 10, 2020) (Ex. DE-020)	In force from May 10, 2020 to Sept. 30, 2020	Schools and child care
Ex. DE-049	Governor John C. Carney, Third Extension of the Declaration of a State of Emergency (June 6, 2020) (Ex. DE-049)	In force from June 6, 2020 to July 6, 2020	Emergency declaration

Agencies, boards and authorities: Delaware

Ex. AGY-ST-COURTS-052

Administrative Order No. 10: Extension of Judicial Emergency (with the Jury Management Plan as Exhibit 1)

Sixth 30-day extension effective Sept. 6, 2020; Phase 2 continued in September; modified Phase 3 from Oct. 5, 2020 with courthouses open to the public, universal face coverings and six-foot distancing, and jury trials under the Jury Management Plan

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from Sept. 6, 2020 to Oct. 6, 2020 (issued Sept. 4, 2020)
Quarters: 2020 Q32020 Q4
Limitations: Emergency declarationCapacity limitGathering capFace-covering requirementCourts and public offices
Functions reached: CT courts and agencies; WF workforce (jurors; staffing to 75 percent)
Grade: Primary source read
Days in this quarter: 25 (in force on the last day)

(1) Under the authority of 10 Del. C. § 2004, the judicial emergency for all State courts and their facilities in Delaware is extended for another 30 days effective September 6, 2020, subject to further review. (2) The courts shall continue to operate under Phase 2 as set forth in Paragraphs 2A, 2B, 3, and 4 of the June 5, 2020 order. (3) Effective October 5, 2020, Phase 3 of the Court's Reopening Plan, as modified below, will be implemented: i. All State courthouses will be open to the public and all individuals that enter and remain in the courthouses must wear face coverings and maintain 6-feet of social distance

Enforcement: 10 Del. C. §§ 2004-2009

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 10: Extension of Judicial Emergency (with the Jury Management Plan as Exhibit 1) (Sept. 4, 2020) (Ex. AGY-ST-COURTS-052) Open the exhibit

Ex. AGY-ST-COURTS-050

Administrative Order No. 8: Extension of Judicial Emergency

Fourth 30-day extension effective July 8, 2020; courts to remain in Phase 2; no entry into Phase 3 'until medical experts believe it is safe'; audiovisual proceedings; Speedy Trial Guidelines tolled; AO No. 3 sworn-declaration suspension continued

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from July 8, 2020 to Aug. 7, 2020 (issued July 6, 2020)
Quarters: 2020 Q3
Limitations: Emergency declarationCapacity limitCourts and public offices
Functions reached: CT courts and agencies; SV servicing and collections; CL closings (sworn-declaration suspension)
Grade: Primary source read
Days in this quarter: 31

(1) Under the authority of 10 Del. C. § 2004, the judicial emergency for all State courts and their facilities in Delaware is extended for another 30 days effective July 8, 2020, subject to further review. (2) The courts shall continue to operate under Phase 2... will not enter Phase 3 of the Reopening Plan until medical experts believe it is safe to do so... (3)... all courts in the State are authorized... to continue to utilize audiovisual devices... to conduct proceedings (except for jury trials) for the duration of this order. (4) During the period of judicial emergency, all time requirements under the Speedy Trial Guidelines are tolled.

Enforcement: 10 Del. C. §§ 2004-2009

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 8: Extension of Judicial Emergency (July 6, 2020) (Ex. AGY-ST-COURTS-050) Open the exhibit

Ex. AGY-ST-COURTS-051

Administrative Order No. 9: Extension of Judicial Emergency

Fifth 30-day extension effective Aug. 7, 2020; Phase 2 continued; Phase 3 deferred citing 'new quarantine requirements by other states, and hotspots within our State'; Speedy Trial Guidelines tolled; AO No. 3 suspension of sworn declarations, oaths and affidavits in all courts continued

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from Aug. 7, 2020 to Sept. 6, 2020 (issued Aug. 5, 2020)
Quarters: 2020 Q3
Limitations: Emergency declarationCapacity limitCourts and public offices
Functions reached: CT courts and agencies; CL closings (notarization and sworn-statement rules suspended in the Court of Chancery and all courts); SV servicing and collections
Grade: Primary source read
Days in this quarter: 31

(1) Under the authority of 10 Del. C. § 2004, the judicial emergency for all State courts and their facilities in Delaware is extended for another 30 days effective August 7, 2020, subject to further review. (2) The courts shall continue to operate under Phase 2... Given the concerning national trend of increasing virus spread, new quarantine requirements by other states, and hotspots within our State, the courts will not enter Phase 3 of the Reopening Plan until medical experts believe it is safe to do so... (5) Administrative Order No. 3 regarding the suspension of any requirements for sworn declarations, verifications, certificates, statements, oaths, or affidavits in filings with the Supreme Court, the Court of Chancery, the Superior Court, the Family Court, the Court of Common Pleas, or the Justice of the Peace Court will remain in effect.

Enforcement: 10 Del. C. §§ 2004-2009

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 9: Extension of Judicial Emergency (Aug. 5, 2020) (Ex. AGY-ST-COURTS-051) Open the exhibit

Ex. AGY-ST-COURTS-030

Administrative Order 2020-1, In re: Filing Regarding Compliance with the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act')

Requirement that every foreclosure plaintiff file an Affidavit in Support of Compliance with the CARES Act before any action in a mortgage foreclosure may proceed

Superior Court of the State of Delaware, Superior Court of the State of Delaware (statewide) (Court)

Dates: In force from July 21, 2020 to Sept. 30, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: SV servicing, collections and foreclosure (lenders and servicers); CL closings (REO and foreclosure sales); PM property management
Grade: Primary source read
Days in this quarter: 72 (in force on the last day)

NOW, THEREFORE, this 21st day of July, IT IS ORDERED that the Plaintiff, or an Authorized Agent of the Plaintiff file an Affidavit in Support of Compliance with the CARES Act (see Exhibit 1), before any action in a mortgage foreclosure matter may proceed.

Enforcement: Condition precedent to any step in a foreclosure action in the Superior Court

Citation: Superior Court of the State of Delaware, Administrative Order 2020-1, In re: Filing Regarding Compliance with the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act') (July 21, 2020) (Ex. AGY-ST-COURTS-030) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-COURTS-048	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048)	In force from June 8, 2020 to June 30, 2021 (issued June 5, 2020)	Emergency declarationCapacity limitGathering capFace-covering requirementCourts and public offices
Ex. AGY-ST-COURTS-021	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021)	In force from Mar. 16, 2020 to July 13, 2021 (issued Mar. 13, 2020)	Emergency declarationGathering capCourts and public offices
Ex. AGY-ST-COURTS-016	Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 3 Suspending 'Courtesy' Copies to Chambers (Mar. 18, 2020) (Ex. AGY-ST-COURTS-016)	In force from Mar. 19, 2020 to Sept. 30, 2020 (issued Mar. 18, 2020)	Courts and public offices
Ex. AGY-ST-INSURANCE-BANKING-061	Investor Protection Director, Delaware Department of Justice, Order Adopting Measures Granting Temporary Relief to Registrants Affected by the COVID-19 Outbreak (Mar. 27, 2020) (Ex. AGY-ST-INSURANCE-BANKING-061)	In force from Mar. 27, 2020 to Sept. 30, 2020	Telework mandateOther
Ex. AGY-ST-COURTS-047	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 5: Use of Face Masks/Coverings in Court Facilities (Apr. 30, 2020) (Ex. AGY-ST-COURTS-047)	In force from Apr. 30, 2020 to May 20, 2021	Face-covering requirementCourts and public offices
Ex. AGY-ST-HEALTH-SUBORDERS-063	Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 Del. Admin. C. § 3201 Skilled and Intermediate Care Nursing Facilities, lines 2.21, 5.5.9, 8.3.1 and Section 6.11 (23 DE Reg. 966 (June 1, 2020)) (May 26, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-063)	In force from June 1, 2020 to Sept. 25, 2020 (issued May 26, 2020)	Health care ordersWorkplace rulesQuarantine and isolation
Ex. AGY-ST-HEALTH-SUBORDERS-064	Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 Del. Admin. C. § 3225 Assisted Living Facilities (23 DE Reg. 968 (June 1, 2020)) (May 26, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-064)	In force from June 1, 2020 to Sept. 25, 2020 (issued May 26, 2020)	Health care ordersWorkplace rulesQuarantine and isolation

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):

Exhibit	Citation	Dates	Limitations
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-390	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	In force from Mar. 17, 2020 to Oct. 22, 2020	Business closure
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-154	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	In force from Sept. 17, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. FED-030	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	In force from Sept. 30, 2020 to Oct. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-088	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	In force from Mar. 9, 2020 to Jan. 29, 2021	Workplace rules
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine
Ex. FED-203	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)	Travel and quarantine
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-367	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	In force from Mar. 16, 2020 to Apr. 1, 2021	Other
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-265	Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)	In force from Mar. 19, 2020 to Dec. 31, 2020	Other
Ex. FED-292	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	In force from Mar. 19, 2020 to July 19, 2021	Courts and public offices
Ex. FED-381	U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)	In force from Mar. 19, 2020 to Dec. 31, 2020	Other
Ex. FED-034	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-039	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)	In force from Mar. 20, 2020 to Oct. 13, 2020	Travel and quarantine
Ex. FED-132	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	In force from Mar. 20, 2020 to May 11, 2023	Emergency declaration

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 Delaware

Ex. DE-033

Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification)

Fourth Revision to the Twenty-Seventh Modification (winter surge restrictions Dec. 14, 2020 to Jan. 11, 2021: stay-at-home advisory; universal indoor face coverings; 30/20/40 percent capacity; indoor gatherings the lesser of 30 percent or 10; food and drink establishments closed 10:00 p.m. to 5:00 a.m.; same-household tables; group exercise capped at 10; sports paused)

Governor John C. Carney, Delaware (State)

Dates: In force from Dec. 14, 2020 to Mar. 31, 2021 (issued Dec. 10, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Stay-at-homeCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached: CB customer base under stay-at-home advisory; DR/BA dining at 30 percent, closed 10:00 p.m.-5:00 a.m., same-household tables; SF retail at 30 percent (20 percent large-format; 40 percent small); GATH/MK/EV indoor gatherings capped at 10; FC group exercise capped at 10; WS worship and FH funerals at 40 percent; SP sports paused; MASK universal indoors
Grade: Primary source read
Days in this quarter: 18 (in force on the last day)

'Sections H, I, N, and O are hereby modified, effective Monday, December 14, 2020 [at 8:00 a.m.]'. § H.8: 'Individuals aged Kindergarten and up must wear a face covering while in [any indoor setting where members of other] households [are present], irrespective of physical distance.' § N (Individual Obligations... from December 14, 2020 to January 11, 2021): '3. Beginning on Monday, December 14, 2020 and ending on January 11, 2021 unless expressly extended, Delaware residents are advised and strongly encouraged to stay home as often as possible and to only leave home to go to work or school, or for necessary needs such as seeking medical care, going to the grocery store or pharmacy, or picking up food. Individuals leaving their residence for work, school or other activities are advised and strongly encouraged to take the following steps...: a. Do not gather with anyone outside of your…

Enforcement: Omnibus § P.2 (force and effect of law; criminal offense); Governor's release of Dec. 10, 2020 describes enforcement as a civil fine on first violation and closure pending a DPH-approved plan on the second

Citation: Governor John C. Carney, Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Dec. 10, 2020) (Ex. DE-033) Open the exhibit

Ex. DE-032

Third Revision to the Twenty-Seventh Modification (Omnibus Modification)

Third Revision to the Twenty-Seventh Modification (indoor gatherings at businesses limited to the lesser of 30 percent or 50; private indoor gatherings 10; restaurants 30 percent; bar seating parties of two; masks at all times in gyms; houses of worship 30 percent up to 100; outdoor gatherings 50; out-of-state youth sports barred Dec. 1)

Governor John C. Carney, Delaware (State)

Dates: In force from Nov. 23, 2020 to Feb. 12, 2021 (issued Nov. 20, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Capacity limitGathering capFace-covering requirementTravel and quarantineAlcohol and barsEvents and venues
Functions reached: DR dining cut to 30 percent; BA bar parties of two; GATH/MK/EV indoor events capped at the lesser of 30 percent or 50; private gatherings 10; outdoor 50; FC gyms masked at all times; WS worship 30 percent to 100; SP youth sports travel barred
Grade: Primary source read
Days in this quarter: 39 (in force on the last day)

'Sections E, H, I, M, N and O are hereby modified, effective Monday, November 23, 2020 at 8:00 a.m.' § H: 'an indoor gathering of more than 10 people who do not reside at that property shall [be prohibited]'; 'Face coverings are required... at all times while indoors at an exercise facility.' § N.2: 'Indoor gatherings or events at any business or indoor space open to the public of up to the lesser of thirty percent (30%) stated fire occupancy [or fifty (50) people]... and private indoor gatherings or events of up to ten (10) persons (e.g. dinner parties...)'; § N (Food and Drink): 'the total number of guests within an establishment... shall not exceed thirty percent (30%) of stated fire occupancy'; bar seating 'limited to parties of two.' § N.3: outdoor gatherings over fifty prohibited absent a DPH-approved plan for up to 250. Recital: 'social gatherings and events of fifty (50) or more…

Enforcement: Omnibus § P.2 (force and effect of law; criminal offense)

Citation: Governor John C. Carney, Third Revision to the Twenty-Seventh Modification (Omnibus Modification) (Nov. 20, 2020) (Ex. DE-032) Open the exhibit

Ex. DE-057

Second Revision to the Twenty-Seventh Modification (Omnibus Modification)

Second Revision to the Twenty-Seventh Modification (beach-town bar-service restrictions lifted; statewide bar rules continue)

Governor John C. Carney, Delaware (State)

Dates: In force from Nov. 6, 2020 to May 21, 2021 (issued Nov. 5, 2020)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Capacity limitAlcohol and bars
Functions reached: BA beach-area bar service restored to statewide rules
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

'Section N is hereby modified, effective November 6, 2020 at 8:00 a.m. E.D.T.' to strike the beach-area bar restrictions of July 3, 2020 while keeping the statewide rules: patrons must wear 'face coverings upon entering and exiting and when getting' up; establishments must ensure patrons 'do not gather while waiting to be seated'; 'Takeout can still' continue. Recited in the Tenth Revision: 'to lift additional restrictions on bar service in beach towns' (DE-036 at 1).

Enforcement: Omnibus § P.2

Citation: Governor John C. Carney, Second Revision to the Twenty-Seventh Modification (Omnibus Modification) (Nov. 5, 2020) (Ex. DE-057) Open the exhibit

Ex. DE-051

Tenth Extension of the Declaration of a State of Emergency

Tenth Extension of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat

Governor John C. Carney, Delaware (State)

Dates: In force from Dec. 24, 2020 to Jan. 25, 2021
Quarters: 2020 Q42021 Q1
Limitations: Emergency declaration
Functions reached: predicate: winter regime in force at the 2020 Q4/2021 Q1 boundary
Grade: Primary source read
Days in this quarter: 8 (in force on the last day)

Extends the COVID-19 State of Emergency declaration, as modified by the Omnibus Modification and its Revisions (recited in DE-037 at 5: extended 'December 24, 2020, January 25, 2021, February 19, 2021, March 19, 2021, and April 16, 2021').

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Tenth Extension of the Declaration of a State of Emergency (Dec. 24, 2020) (Ex. DE-051) Open the exhibit

Continuing in force from an earlier quarter of this report (18 instruments):

Exhibit	Citation	Dates	Limitations
Ex. DE-021	Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021)	In force from May 15, 2020 to May 21, 2021 (issued May 14, 2020)	Business closureCapacity limitFace-covering requirementEvents and venues
Ex. DE-027	Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027)	In force from July 1, 2020 to Nov. 6, 2020 (issued June 30, 2020)	Business closureCapacity limitSchools and child careAlcohol and barsCourts and public officesOther
Ex. DE-031	Governor John C. Carney, Twenty-Seventh Modification of the Declaration of a State of Emergency (the 'Omnibus Modification') (Sept. 3, 2020) (Ex. DE-031)	In force from Sept. 4, 2020 to Dec. 10, 2020 (issued Sept. 3, 2020)	Capacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careHealth care ordersAlcohol and barsEvents and venuesCourts and public officesWorkplace rulesOther
Ex. DE-056	Governor John C. Carney, First Revision to the Twenty-Seventh Modification (Omnibus Modification) (Sept. 25, 2020) (Ex. DE-056)	In force from Sept. 25, 2020 to May 21, 2021	Capacity limitGathering capSchools and child careOther
Ex. DE-011	Governor John C. Carney, Eighth Modification of the Declaration of a State of Emergency (Mar. 30, 2020) (Ex. DE-011)	In force from Mar. 30, 2020 to June 15, 2020	Business closureSchools and child careHealth care ordersWorkplace rules
Ex. DE-030	Governor John C. Carney, Twenty-Sixth Modification of the Declaration of a State of Emergency (Sept. 1, 2020) (Ex. DE-030)	In force from Sept. 2, 2020 to Sept. 4, 2020 (issued Sept. 1, 2020)	Gathering capFace-covering requirementEvents and venues
Ex. DE-065	Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus) (Mar. 9, 2020) (Ex. DE-065)	In force from Mar. 9, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. DE-001	Governor John C. Carney, Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (Mar. 12, 2020) (Ex. DE-001)	In force from Mar. 13, 2020 to July 13, 2021 (issued Mar. 12, 2020)	Emergency declaration
Ex. DE-071	Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 116, COVID-19 (Mar. 20, 2020) (Ex. DE-071)	In force from Mar. 20, 2020 to June 30, 2021	Health care ordersOther
Ex. DE-007	Governor John C. Carney, Declaration of a Public Health Emergency for the State of Delaware (Mar. 23, 2020) (Ex. DE-007)	In force from Mar. 23, 2020 to July 12, 2021	Emergency declarationHealth care ordersQuarantine and isolation
Ex. DE-008	A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, on behalf of DHSS, Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency (Mar. 23, 2020) (Ex. DE-008)	In force from Mar. 23, 2020 to Dec. 1, 2020	Health care orders
Ex. DE-009	Governor John C. Carney, Sixth Modification of the Declaration of a State of Emergency (Mar. 24, 2020) (Ex. DE-009)	In force from Mar. 25, 2020 to July 1, 2020 (issued Mar. 24, 2020)	Courts and public officesWorkplace rulesOther
Ex. DE-015	Governor John C. Carney, Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. B (Ex. DE-015)	In force from Apr. 15, 2020 to July 13, 2021	Health care ordersCourts and public officesQuarantine and isolation
Ex. DE-016	Governor John C. Carney, Twelfth Modification of the Declaration of a State of Emergency (Apr. 23, 2020) (Ex. DE-016)	In force from Apr. 23, 2020 to July 13, 2021	Health care orders
Ex. DE-017	Governor John C. Carney, Thirteenth Modification of the Declaration of a State of Emergency (Apr. 25, 2020) (Ex. DE-017)	In force from Apr. 28, 2020 to June 30, 2021 (issued Apr. 25, 2020)	Face-covering requirementWorkplace rules
Ex. DE-018	Governor John C. Carney, Fourteenth Modification of the Declaration of a State of Emergency (Apr. 29, 2020) (Ex. DE-018)	In force from Apr. 30, 2020 to June 30, 2021 (issued Apr. 29, 2020)	Other
Ex. DE-029	Governor John C. Carney, Twenty-Fifth Modification of the Declaration of a State of Emergency (Aug. 26, 2020) (Ex. DE-029)	In force from Aug. 27, 2020 to Sept. 4, 2020 (issued Aug. 26, 2020)	Face-covering requirementSchools and child careWorkplace rules
Ex. DE-050	Governor John C. Carney, Sixth Extension of the Declaration of a State of Emergency (Sept. 3, 2020) (Ex. DE-050)	In force from Sept. 3, 2020 to Oct. 2, 2020	Emergency declaration

Agencies, boards and authorities: Delaware

Ex. AGY-ST-COURTS-054

Administrative Order No. 13: Return to Phase 2 of the Reopening Plan

Winter 2020 re-tightening: courts returned to Phase 2 from Nov. 16, 2020 (jury trials postponed; capacity to 50 percent; ten visitors per courtroom; non-jury trials of non-incarcerated defendants and grand juries continue); other terms of AO No. 12 continued

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from Nov. 16, 2020 to June 1, 2021
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Capacity limitGathering capFace-covering requirementCourts and public offices
Functions reached: CT courts and agencies (jury trials postponed Nov. 16, 2020-June 1, 2021); WF workforce (staffing back to 50 percent); SV servicing and collections
Grade: Primary source read
Days in this quarter: 46 (in force on the last day)

(1) Starting on November 16, 2020, the courts shall transition back to Phase 2 of the Reopening Plan as set forth in Administrative Order No. 7. (i) During Phase 2, all State courthouses will be open to the public.... (ii) In addition to the proceedings permitted under Phase 1, and proceedings that need to occur during the transition back to Phase 2, the following proceedings are permitted under Phase 2:... Non-jury criminal and civil trials of non-incarcerated... Grand jury proceedings... (2) With the exception of the return to Phase 2, the other terms of Administrative Order 12, which extended the judicial emergency until

Enforcement: 10 Del. C. §§ 2004-2009

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 13: Return to Phase 2 of the Reopening Plan (Nov. 16, 2020) (Ex. AGY-ST-COURTS-054) Open the exhibit

Ex. AGY-ST-COURTS-053

Administrative Order No. 11: Extension of Judicial Emergency

Seventh 30-day extension effective Oct. 6, 2020; Phase 3 commenced Oct. 5, 2020; audiovisual proceedings; Speedy Trial Guidelines tolled; AO No. 3 suspension continued

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from Oct. 5, 2020 to Nov. 5, 2020 (issued Oct. 2, 2020)
Quarters: 2020 Q4
Limitations: Emergency declarationCapacity limitFace-covering requirementCourts and public offices
Functions reached: CT courts and agencies
Grade: Primary source read
Days in this quarter: 32

(1) Under the authority of 10 Del. C. § 2004, the judicial emergency for all State courts and their facilities in Delaware is extended for another 30 days effective October 6, 2020, subject to further review. (2) Effective October 5, 2020, Phase 3 of the Court's Reopening Plan, as modified in Administrative Order No. 10, shall commence.... (4) During the period of judicial emergency, all time requirements under the Speedy Trial Guidelines are tolled.

Enforcement: 10 Del. C. §§ 2004-2009

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 11: Extension of Judicial Emergency (Oct. 2, 2020) (Ex. AGY-ST-COURTS-053) Open the exhibit

Ex. AGY-ST-COURTS-056

Administrative Order No. 14: Extension of Judicial Emergency (December 2020)

Ninth 30-day extension of the judicial emergency; Phase 2 continued

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from Dec. 5, 2020 to Mar. 31, 2021
Quarters: 2020 Q42021 Q1
Limitations: Emergency declarationCapacity limitCourts and public offices
Functions reached: CT courts and agencies
Grade: Confirmed from a secondary source
Days in this quarter: 27 (in force on the last day)

Enforcement: 10 Del. C. § 2004

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 14: Extension of Judicial Emergency (December 2020) (Dec. 5, 2020) (Ex. AGY-ST-COURTS-056)

Ex. AGY-ST-HEALTH-SUBORDERS-065

Emergency Secretary's Order amending 16 DE Admin. Code 4202 Control of Communicable and Other Disease Conditions, Appendix I (notifiable diseases) (24 DE Reg. 434 (Nov. 1, 2020))

Notifiable Diseases: novel coronaviruses including COVID-19 made notifiable; laboratories and providers required to report all tests and results to the Division of Public Health (codifying the Department's Mar. 10, 2020 reporting order)

Secretary, Department of Health and Social Services, Delaware - Department of Health and Social Services, Division of Public Health (State)

Dates: In force from Oct. 1, 2020 to Jan. 19, 2021 (issued Sept. 30, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Health care ordersWorkplace rulesOther
Functions reached: DX diagnostics and laboratory reporting; OF reporting (every provider and employer-sponsored testing program); HR screening programs
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The Department of Health and Social Services issued an order on March 10, 2020 requiring all laboratories and providers to immediately report all SARS-CoV-2/COVID-19 tests and results to the Division of Public Health.... this Emergency Order clarifies that all novel coronavirus causing severe acute respiratory disease, including the 2019 novel coronavirus disease COVID-19, are considered notifiable and are required to be reported to the Division of Public Health in accordance with these regulations.... It is hereby ordered, that 16 DE Admin. C. 4202: Control of Communicable and Other Disease Conditions, specifically, Appendix I, which lists notifiable disease/conditions, is temporarily [amended]... The Emergency Order shall take effect on October 1, 2020 and shall remain in effect for 120 [days]... It is hereby ordered, this 30th day of September 2020.

Enforcement: 16 Del. C. § 107 (violation of Title 16 regulations); 16 DE Admin. Code 4202 reporting duties

Citation: Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 4202 Control of Communicable and Other Disease Conditions, Appendix I (notifiable diseases) (24 DE Reg. 434 (Nov. 1, 2020)) (Sept. 30, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-065) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-067

Emergency Secretary's Order amending 16 DE Admin. Code 3201 Skilled and Intermediate Care Nursing Facilities, Subsections 2.21, 5.5.9, 6.11 and 8.3.1 (renewal) (24 DE Reg. 304 (Oct. 1, 2020))

Nursing Facilities (renewal): COVID-19 resident and staff testing, documentation and reporting requirements continued from Oct. 1, 2020

Secretary, Department of Health and Social Services, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates: In force from Oct. 1, 2020 to Jan. 29, 2021 (issued Sept. 25, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IC infection control; HR staffing; OF documentation and reporting
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

It is hereby ordered, that 16 DE Admin. C. 3201: Skilled and Intermediate Care Nursing Facilities, specifically, Subsections 2.21, 5.5.9, 6.11, and 8.3.1, which expand definitions, documentation, emergency preparedness, and testing requirements, is temporarily modified as shown by [underline]... 6.11 Specific Requirements for COVID-19. 6.11.1 Residents. 6.11.1.1 All residents should be tested upon identification of another resident with symptoms consistent with COVID-19, or if facility staff have tested positive for COVID-19.... It is hereby ordered, this 25th day of September, 2020.

Enforcement: Nursing facility licensure sanctions; 16 Del. C. § 107

Citation: Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 3201 Skilled and Intermediate Care Nursing Facilities, Subsections 2.21, 5.5.9, 6.11 and 8.3.1 (renewal) (24 DE Reg. 304 (Oct. 1, 2020)) (Sept. 25, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-067) Open the exhibit

Ex. AGY-ST-COURTS-055

Administrative Order No. 12: Extension of Judicial Emergency (Nov. 4, 2020)

Eighth 30-day extension of the judicial emergency (early November 2020)

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from Nov. 5, 2020 to Dec. 5, 2020 (issued Nov. 4, 2020)
Quarters: 2020 Q4
Limitations: Emergency declarationCourts and public offices
Functions reached: CT courts and agencies
Grade: Confirmed from a secondary source
Days in this quarter: 31

Enforcement: 10 Del. C. § 2004

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 12: Extension of Judicial Emergency (Nov. 4, 2020) (Ex. AGY-ST-COURTS-055)

Continuing in force from an earlier quarter of this report (5 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-COURTS-048	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048)	In force from June 8, 2020 to June 30, 2021 (issued June 5, 2020)	Emergency declarationCapacity limitGathering capFace-covering requirementCourts and public offices
Ex. AGY-ST-COURTS-052	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 10: Extension of Judicial Emergency (with the Jury Management Plan as Exhibit 1) (Sept. 4, 2020) (Ex. AGY-ST-COURTS-052)	In force from Sept. 6, 2020 to Oct. 6, 2020 (issued Sept. 4, 2020)	Emergency declarationCapacity limitGathering capFace-covering requirementCourts and public offices
Ex. AGY-ST-COURTS-021	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021)	In force from Mar. 16, 2020 to July 13, 2021 (issued Mar. 13, 2020)	Emergency declarationGathering capCourts and public offices
Ex. AGY-ST-COURTS-047	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 5: Use of Face Masks/Coverings in Court Facilities (Apr. 30, 2020) (Ex. AGY-ST-COURTS-047)	In force from Apr. 30, 2020 to May 20, 2021	Face-covering requirementCourts and public offices
Ex. AGY-ST-COURTS-030	Superior Court of the State of Delaware, Administrative Order 2020-1, In re: Filing Regarding Compliance with the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act') (July 21, 2020) (Ex. AGY-ST-COURTS-030)	In force from July 21, 2020 to Sept. 30, 2021	Courts and public officesOther

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)

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):

Exhibit	Citation	Dates	Limitations
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-154	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	In force from Sept. 17, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-339	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	In force from Nov. 13, 2020 to Jan. 12, 2021	Gathering capCourts and public offices
Ex. FED-303	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	In force from Nov. 25, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine
Ex. FED-203	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)	Travel and quarantine
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-367	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	In force from Mar. 16, 2020 to Apr. 1, 2021	Other
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-292	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	In force from Mar. 19, 2020 to July 19, 2021	Courts and public offices
Ex. FED-034	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-132	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	In force from Mar. 20, 2020 to May 11, 2023	Emergency declaration
Ex. FED-104	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-147	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration

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 Delaware

Ex. DE-058

Sixth Revision to the Twenty-Seventh Modification (Omnibus Modification)

Sixth Revision to the Twenty-Seventh Modification (indoor capacity for restaurants, retail, gyms, houses of worship, arts venues and fixed-seating venues raised to 50 percent effective Feb. 12; public meetings 50 percent; tournaments with DPH approval; vaccine-provider reporting and fines; price gouging; absentee voting; stay-at-home advisory text carried)

Governor John C. Carney, Delaware (State)

Dates: In force from Feb. 12, 2021 to May 21, 2021 (issued Feb. 4, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Stay-at-homeCapacity limitGathering capFace-covering requirementHealth care ordersOther
Functions reached: DR/SF/FC/WS/PE capacity to 50 percent; GATH indoor events still capped at 10 until Feb. 19; CB stay-at-home advisory text continued; IC vaccine providers
Grade: Primary source read
Days in this quarter: 48 (in force on the last day)

'Sections E, G, I, N, O, and P are hereby modified, effective Friday, February 12, [2021 at 8:00 a.m.]'. § N.2: 'Indoor gatherings or events at any business or indoor space open to the public of up to the lesser of... fifty percent (50%) stated fire occupancy [or ten (10) people]'; 'maximum occupancy for a business means... fifty percent (50%) of stated fire occupancy'; 'For fixed seating venues, only... fifty percent (50%) of patron [seating]'; food and drink establishments 'shall not exceed... fifty percent (50%) of stated fire occupancy'; '2. Establishments that are not able to reach at least... fifty percent (50%) of fire code occupancy (excluding staff) while complying [with distancing may request a DPH plan].' § I: public meetings 'shall not exceed... fifty percent (50%) of stated fire [occupancy].' § N (Individual Obligations, effective December 14, 2020, carried): residents…

Enforcement: Omnibus § P.2; vaccine-reporting fines and allocation reductions (Governor's release); price-gouging violation 'deemed an unlawful practice'

Citation: Governor John C. Carney, Sixth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Feb. 4, 2021) (Ex. DE-058) Open the exhibit

Ex. DE-034

Fifth Revision to the Twenty-Seventh Modification (Omnibus Modification)

Fifth Revision to the Twenty-Seventh Modification (10:00 p.m. closing of bars and restaurants lifted; stay-at-home advisory and universal indoor mask order continued until further notice; sports competition resumes Jan. 11 at 30 percent; quarantine after out-of-state tournaments)

Governor John C. Carney, Delaware (State)

Dates: In force from Jan. 8, 2021 to Mar. 29, 2021
Quarters: 2021 Q12021 Q2
Limitations: Stay-at-homeCapacity limitFace-covering requirementCurfew and hoursEvents and venuesQuarantine and isolation
Functions reached: CB stay-at-home advisory continued; DR/BA closing hours lifted; SP sports at 30 percent with quarantine on return; MASK universal indoor order continued
Grade: Primary source read
Days in this quarter: 81

'Sections N and O are hereby modified, effective Friday, January 8, 2021 at 10:00 a.m.' § N.3: 'Beginning on Monday, December 14, 2020 [and until] expressly extended and until further notice, Delaware residents are advised and strongly encouraged to stay home as often as possible and to only leave home to go to work or school, or for necessary needs.' Phase 2 Additional Business Restrictions: the 10:00 p.m.-5:00 a.m. closing paragraph is struck. § O: 'The maximum occupancy for any indoor practice is thirty percent (30%) of stated fire occupancy'; 'Effective January 11, 2021, at 8:00 a.m. E.D.T., all games, matches, and competitions [may resume]; maximum occupancy... is thirty percent (30%) of stated fire occupancy requirements, including [athletes, coaches and staff]'; individuals in out-of-state tournaments must 'immediately self-quarantine in accordance with DPH guidance from the time…

Enforcement: Omnibus § P.2 (force and effect of law; criminal offense)

Citation: Governor John C. Carney, Fifth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Jan. 8, 2021) (Ex. DE-034) Open the exhibit

Ex. DE-059

Seventh Revision to the Twenty-Seventh Modification (Omnibus Modification)

Seventh Revision to the Twenty-Seventh Modification (indoor gatherings at businesses raised to the lesser of 50 percent or 25, up to 150 with a DPH-approved plan; private indoor gatherings remain 10; outdoor 50 or 250 by plan; group exercise classes 15)

Governor John C. Carney, Delaware (State)

Dates: In force from Feb. 19, 2021 to May 21, 2021
Quarters: 2021 Q12021 Q2
Limitations: Capacity limitGathering capEvents and venues
Functions reached: MK/EV/MC indoor events capped at 25 (150 by plan); FC group exercise capped at 15; GATH private gatherings 10
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

'Section N is hereby modified, effective Friday, February 19, 2021 at 9:00 a.m.' § N.2: 'Indoor gatherings or events at any business or indoor space open to the public of up to the lesser of fifty percent (50%) stated fire occupancy or... twenty-[five (25) people]... and private indoor gatherings or events of up to ten (10) persons'; § N.2.c: facilities 'may apply to host a large indoor gathering or event of up to one hundred fifty (150) people by submitting a [plan]'; 'the total number of [participants] in an establishment at any one time shall not exceed fifty percent (50%) of that facility's [fire occupancy]' for exercise classes with 'All individuals must wear face coverings.'

Enforcement: Omnibus § P.2

Citation: Governor John C. Carney, Seventh Revision to the Twenty-Seventh Modification (Omnibus Modification) (Feb. 19, 2021) (Ex. DE-059) Open the exhibit

Ex. DE-052

Thirteenth Extension of the Declaration of a State of Emergency

Thirteenth Extension of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat

Governor John C. Carney, Delaware (State)

Dates: In force from Mar. 19, 2021 to Apr. 16, 2021
Quarters: 2021 Q12021 Q2
Limitations: Emergency declaration
Functions reached: predicate: emergency in force at the 2021 Q1/Q2 boundary
Grade: Primary source read
Days in this quarter: 13 (in force on the last day)

Extends the COVID-19 State of Emergency declaration, as modified (recited in DE-037 at 5).

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Thirteenth Extension of the Declaration of a State of Emergency (Mar. 19, 2021) (Ex. DE-052) Open the exhibit

Continuing in force from an earlier quarter of this report (21 instruments):

Exhibit	Citation	Dates	Limitations
Ex. DE-033	Governor John C. Carney, Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Dec. 10, 2020) (Ex. DE-033)	In force from Dec. 14, 2020 to Mar. 31, 2021 (issued Dec. 10, 2020)	Stay-at-homeCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Ex. DE-021	Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021)	In force from May 15, 2020 to May 21, 2021 (issued May 14, 2020)	Business closureCapacity limitFace-covering requirementEvents and venues
Ex. DE-027	Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027)	In force from July 1, 2020 to Nov. 6, 2020 (issued June 30, 2020)	Business closureCapacity limitSchools and child careAlcohol and barsCourts and public officesOther
Ex. DE-031	Governor John C. Carney, Twenty-Seventh Modification of the Declaration of a State of Emergency (the 'Omnibus Modification') (Sept. 3, 2020) (Ex. DE-031)	In force from Sept. 4, 2020 to Dec. 10, 2020 (issued Sept. 3, 2020)	Capacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careHealth care ordersAlcohol and barsEvents and venuesCourts and public officesWorkplace rulesOther
Ex. DE-056	Governor John C. Carney, First Revision to the Twenty-Seventh Modification (Omnibus Modification) (Sept. 25, 2020) (Ex. DE-056)	In force from Sept. 25, 2020 to May 21, 2021	Capacity limitGathering capSchools and child careOther
Ex. DE-032	Governor John C. Carney, Third Revision to the Twenty-Seventh Modification (Omnibus Modification) (Nov. 20, 2020) (Ex. DE-032)	In force from Nov. 23, 2020 to Feb. 12, 2021 (issued Nov. 20, 2020)	Capacity limitGathering capFace-covering requirementTravel and quarantineAlcohol and barsEvents and venues
Ex. DE-011	Governor John C. Carney, Eighth Modification of the Declaration of a State of Emergency (Mar. 30, 2020) (Ex. DE-011)	In force from Mar. 30, 2020 to June 15, 2020	Business closureSchools and child careHealth care ordersWorkplace rules
Ex. DE-030	Governor John C. Carney, Twenty-Sixth Modification of the Declaration of a State of Emergency (Sept. 1, 2020) (Ex. DE-030)	In force from Sept. 2, 2020 to Sept. 4, 2020 (issued Sept. 1, 2020)	Gathering capFace-covering requirementEvents and venues
Ex. DE-057	Governor John C. Carney, Second Revision to the Twenty-Seventh Modification (Omnibus Modification) (Nov. 5, 2020) (Ex. DE-057)	In force from Nov. 6, 2020 to May 21, 2021 (issued Nov. 5, 2020)	Capacity limitAlcohol and bars
Ex. DE-065	Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus) (Mar. 9, 2020) (Ex. DE-065)	In force from Mar. 9, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. DE-001	Governor John C. Carney, Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (Mar. 12, 2020) (Ex. DE-001)	In force from Mar. 13, 2020 to July 13, 2021 (issued Mar. 12, 2020)	Emergency declaration
Ex. DE-071	Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 116, COVID-19 (Mar. 20, 2020) (Ex. DE-071)	In force from Mar. 20, 2020 to June 30, 2021	Health care ordersOther
Ex. DE-007	Governor John C. Carney, Declaration of a Public Health Emergency for the State of Delaware (Mar. 23, 2020) (Ex. DE-007)	In force from Mar. 23, 2020 to July 12, 2021	Emergency declarationHealth care ordersQuarantine and isolation
Ex. DE-008	A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, on behalf of DHSS, Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency (Mar. 23, 2020) (Ex. DE-008)	In force from Mar. 23, 2020 to Dec. 1, 2020	Health care orders
Ex. DE-009	Governor John C. Carney, Sixth Modification of the Declaration of a State of Emergency (Mar. 24, 2020) (Ex. DE-009)	In force from Mar. 25, 2020 to July 1, 2020 (issued Mar. 24, 2020)	Courts and public officesWorkplace rulesOther
Ex. DE-015	Governor John C. Carney, Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. B (Ex. DE-015)	In force from Apr. 15, 2020 to July 13, 2021	Health care ordersCourts and public officesQuarantine and isolation
Ex. DE-016	Governor John C. Carney, Twelfth Modification of the Declaration of a State of Emergency (Apr. 23, 2020) (Ex. DE-016)	In force from Apr. 23, 2020 to July 13, 2021	Health care orders
Ex. DE-017	Governor John C. Carney, Thirteenth Modification of the Declaration of a State of Emergency (Apr. 25, 2020) (Ex. DE-017)	In force from Apr. 28, 2020 to June 30, 2021 (issued Apr. 25, 2020)	Face-covering requirementWorkplace rules
Ex. DE-018	Governor John C. Carney, Fourteenth Modification of the Declaration of a State of Emergency (Apr. 29, 2020) (Ex. DE-018)	In force from Apr. 30, 2020 to June 30, 2021 (issued Apr. 29, 2020)	Other
Ex. DE-029	Governor John C. Carney, Twenty-Fifth Modification of the Declaration of a State of Emergency (Aug. 26, 2020) (Ex. DE-029)	In force from Aug. 27, 2020 to Sept. 4, 2020 (issued Aug. 26, 2020)	Face-covering requirementSchools and child careWorkplace rules
Ex. DE-051	Governor John C. Carney, Tenth Extension of the Declaration of a State of Emergency (Dec. 24, 2020) (Ex. DE-051)	In force from Dec. 24, 2020 to Jan. 25, 2021	Emergency declaration

Agencies, boards and authorities: Delaware

Ex. AGY-ST-COURTS-057

Administrative Order No. 15: Extension of Judicial Emergency (January 2021)

Tenth 30-day extension; Phase 2 continued (jury trials remained postponed)

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: Effective: 2021-01
Quarters: 2021 Q1
Limitations: Emergency declarationCapacity limitCourts and public offices
Functions reached: CT courts and agencies
Grade: Confirmed from a secondary source

Enforcement: 10 Del. C. § 2004

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 15: Extension of Judicial Emergency (January 2021) (Ex. AGY-ST-COURTS-057)

Ex. AGY-ST-COURTS-058

Administrative Order No. 17: Extension of Judicial Emergency (March 2021)

Twelfth 30-day extension; Phase 2 continued

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: Effective: 2021-03
Quarters: 2021 Q12021 Q2
Limitations: Emergency declarationCapacity limitCourts and public offices
Functions reached: CT courts and agencies
Grade: Confirmed from a secondary source

Enforcement: 10 Del. C. § 2004

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 17: Extension of Judicial Emergency (March 2021) (Ex. AGY-ST-COURTS-058)

Ex. AGY-ST-HEALTH-SUBORDERS-066

Emergency Secretary's Order amending 16 DE Admin. Code 4202 Control of Communicable and Other Disease Conditions, Appendix I (renewal) (24 DE Reg. 732 (Feb. 1, 2021))

Notifiable Diseases (renewal): COVID-19 reporting by laboratories and providers continued

Secretary, Department of Health and Social Services, Delaware - Department of Health and Social Services, Division of Public Health (State)

Dates: In force from Jan. 29, 2021 to May 29, 2021 (issued Jan. 19, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Health care ordersWorkplace rulesOther
Functions reached: DX laboratory reporting; OF reporting
Grade: Primary source read
Days in this quarter: 62 (in force on the last day)

The Department of Health and Social Services issued an order on March 10, 2020 requiring all laboratories and providers to immediately report all SARS-CoV-2/COVID-19 tests and results to the Division of Public Health.... [The Emergency Order] shall take effect on January 29, 2021... It is hereby ordered, this 19th day of January 2021.

Enforcement: 16 Del. C. § 107

Citation: Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 4202 Control of Communicable and Other Disease Conditions, Appendix I (renewal) (24 DE Reg. 732 (Feb. 1, 2021)) (Jan. 19, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-066) Open the exhibit

Continuing in force from an earlier quarter of this report (8 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-COURTS-048	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048)	In force from June 8, 2020 to June 30, 2021 (issued June 5, 2020)	Emergency declarationCapacity limitGathering capFace-covering requirementCourts and public offices
Ex. AGY-ST-COURTS-054	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 13: Return to Phase 2 of the Reopening Plan (Nov. 16, 2020) (Ex. AGY-ST-COURTS-054)	In force from Nov. 16, 2020 to June 1, 2021	Capacity limitGathering capFace-covering requirementCourts and public offices
Ex. AGY-ST-COURTS-021	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021)	In force from Mar. 16, 2020 to July 13, 2021 (issued Mar. 13, 2020)	Emergency declarationGathering capCourts and public offices
Ex. AGY-ST-COURTS-056	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 14: Extension of Judicial Emergency (December 2020) (Dec. 5, 2020) (Ex. AGY-ST-COURTS-056)	In force from Dec. 5, 2020 to Mar. 31, 2021	Emergency declarationCapacity limitCourts and public offices
Ex. AGY-ST-COURTS-047	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 5: Use of Face Masks/Coverings in Court Facilities (Apr. 30, 2020) (Ex. AGY-ST-COURTS-047)	In force from Apr. 30, 2020 to May 20, 2021	Face-covering requirementCourts and public offices
Ex. AGY-ST-COURTS-030	Superior Court of the State of Delaware, Administrative Order 2020-1, In re: Filing Regarding Compliance with the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act') (July 21, 2020) (Ex. AGY-ST-COURTS-030)	In force from July 21, 2020 to Sept. 30, 2021	Courts and public officesOther
Ex. AGY-ST-HEALTH-SUBORDERS-065	Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 4202 Control of Communicable and Other Disease Conditions, Appendix I (notifiable diseases) (24 DE Reg. 434 (Nov. 1, 2020)) (Sept. 30, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-065)	In force from Oct. 1, 2020 to Jan. 19, 2021 (issued Sept. 30, 2020)	Health care ordersWorkplace rulesOther
Ex. AGY-ST-HEALTH-SUBORDERS-067	Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 3201 Skilled and Intermediate Care Nursing Facilities, Subsections 2.21, 5.5.9, 6.11 and 8.3.1 (renewal) (24 DE Reg. 304 (Oct. 1, 2020)) (Sept. 25, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-067)	In force from Oct. 1, 2020 to Jan. 29, 2021 (issued Sept. 25, 2020)	Health care ordersWorkplace rulesQuarantine and isolation

End of general restrictions, State of Delaware: Twenty-Eighth Modification of the Declaration of a State of Emergency (May 12, 2021, 2:00 p.m.; struck the Omnibus Modification and its ten Revisions and eliminated the capacity and gathering caps) and Twenty-Ninth Modification (May 18, 2021, 12:00 p.m.; struck the Twenty-Eighth and eliminated the general face-covering and distancing mandates), both effective May 21, 2021 at 8:00 a.m. E.D.T. (Ex. DE-037; DE-038). The State of Emergency itself was terminated by the Termination of July 12, 2021, effective July 13, 2021 at 12:01 a.m. E.D.T. (Ex. DE-040). (2021-05-21 08:00 (capacity, gathering, distancing and general mask mandates); 2021-07-13 00:01 (State of Emergency and all related orders)). What remained: May 21 to July 13, 2021 (DE-038 as revised by DE-039): mandatory face coverings on public transportation and school buses, in every health-care facility, in every 16 Del. C. ch. 11 facility, for employees of licensed home care agencies, in State facilities open to the public, in correctional facilities and shelters, and inside every child care home, center and school; the Responsibilities of All Businesses (face coverings per Section E; hand sanitizer at every entry and exit; flexible non-punitive sick leave; exclusion of diagnosed, suspected or symptomatic employees; 'Prohibit employees who have been told they must be isolated or quarantined from on-premises work until isolation or quarantine status is discontinued by DPH'; symptomatic employees must stop work and self-isolate); three-foot distancing on bus transportation; DPH-approved plans for tournaments and indoor sports; long-term-care screening, exclusion and cohorting rules; PPE-guidance compliance for hospitals, nursing and residential facilities, ambulatory services, home health and personal assistance agencies; suspension of long-term-care staffing ratios; court-supervised stays of evictions and foreclosures; DHR COVID-19 leave authority to Sept. 30, 2021. From July 1, 2021: the DHSS infection-control emergency regulations (DE-061 to DE-063 and parallels) for 120 days. From 11:59 p.m. July 12, 2021: the Public Health Emergency (DE-041) as extended Aug. 10 and Sept. 8 (DE-042, DE-043), the Joint Practice Order (DE-048), the Aug. 13 school and child-care mask orders (DE-044, DE-045, DE-066), the Sept. 30 vaccination-or-testing orders (DE-046, DE-047, DE-055, DE-064), and the federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS) in the Federal files.

Preemption of local orders, State of Delaware: Delaware issued no instrument preempting or barring local orders. Delaware has no county health departments; the Division of Public Health is the sole health authority and county governments issued no health-officer orders. The Governor's orders set statewide rules and expressly required that every gathering or event 'comply with all other applicable state, county and local laws for gatherings and events' (Ex. DE-031 § N; DE-038 § J.2), and the Omnibus Modification imposed duties on beach towns directly ('At a minimum, towns must...' (Ex. DE-031 § C.1)). nothing in the State chain displaced them.

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Federal layer

Ex. FED-156

QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)

QSO-20-39-NH, Nursing Home Visitation - COVID-19 (REVISED 04/27/2021)

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

Dates: In force from Apr. 27, 2021 to Nov. 12, 2021
Quarters: 2021 Q22021 Q3
Limitations: Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: VS visitation and access (home-care-senior-living; hospice; clergy CR; families); IC screening and masking of every entrant regardless of vaccination; DN communal dining and activities (conducted under the core principles); HR/WF and vendor access (staffing PL; personal services SL in-facility salons; physician CL on-site visits); RS cohorting and quarantine
Grade: Primary source read
Days in this quarter: 65 (in force on the last day)

Core Principles of COVID-19 Infection Prevention: Screening of all who enter the facility for signs and symptoms of COVID-19 (e.g., temperature checks, questions about and observations of signs or symptoms), and denial of entry of those with signs or symptoms or those who have had close contact with someone with COVID-19 infection in the prior 14 days (regardless of the visitor's vaccination status)... Face covering or mask (covering mouth and nose) and social distancing at least six feet between persons, in accordance with CDC guidance... Resident and staff testing conducted as required at 42 CFR § 483.80(h) (see QSO-20-38-NH Revised). These core principles are consistent with the Centers for Disease Control and Prevention (CDC) guidance for nursing homes, and should be adhered to at all times.... Facilities should allow indoor visitation at all times and for all residents (regardless…

Enforcement: Survey enforcement under F563 (visitation) and F880 (infection control); civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156) Open the exhibit

Ex. FED-032

Notice: Conditional Sailing Order Technical Instructions and Operations Manual

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

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

Dates: In force from May 5, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Functions reached: TV; GS; CB; SC
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

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

Enforcement: as for FED-031

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

Ex. FED-080

Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Safety and Health Administration, U.S. Department of Labor, United States (every setting 'where any employee provides healthcare services or healthcare support services'; federal OSHA States directly, State-plan States through adoption within 30 days) (Federal)

Dates: In force from June 21, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: IC infection control (hospitals, physician practices, dental, home care); ED/CL intake and waiting rooms (entry limits, screening, triage); SX/PR procedures (aerosol-generating procedure rules, § 1910.502(g)); VS visitation and access (non-employee screening); HR/WF (daily employee screening; medical removal; paid vaccination leave); OF administration (written plan, safety coordinator, recordkeeping); SC PPE (respirators for exposure to suspected or confirmed COVID-19)
Grade: Primary source read
Days in this quarter: 10 (in force on the last day)

§ 1910.502(a)(1): 'Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.' (a)(2): 'This section does not apply to the following: (i) The provision of first aid by an employee who is not a licensed healthcare provider; (ii) The dispensing of prescriptions by pharmacists in retail settings; (iii) Non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (iv) Well-defined hospital ambulatory care settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (v) Home healthcare settings where all employees are fully vaccinated and all…

Enforcement: Citations and civil penalties under OSH Act §§ 9, 17 (29 U.S.C. §§ 658, 666); inspection procedures DIR 2021-02 (FED-081); § 11(c) and § 1910.502(o) anti-retaliation

Citation: Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080) Open the exhibit

Ex. FED-118

FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)

Louisiana; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

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

Dates: In force from Mar. 24, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 91 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118) Open the exhibit

Ex. FED-183

Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices

Emergency Use Authorization Declaration, 85 Fed. Reg. 17335 (Mar. 27, 2020)

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

Dates: In force from Mar. 24, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationSupply chain
Functions reached: context for SC (ventilators, face shields, gowns, decontamination)
Grade: Primary source read
Days in this quarter: 91 (the whole quarter)

The Office of the Assistant Secretary for Preparedness and Response, HHS, requested that the FDA, HHS, issue an EUA for certain medical devices to allow the Department to take response measures based on information currently available about the virus that causes COVID-19. The determination of a public health emergency, and the declaration that circumstances exist justifying emergency use of certain medical devices by the Secretary of HHS, as described below, enable the FDA Commissioner to issue an EUA for these devices for emergency use under section 564 of the FD&C Act.

Enforcement: Framework

Citation: Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183) Open the exhibit

Ex. FED-074

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 17592 (Mar. 30, 2020)

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

Dates: In force from Mar. 25, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC PPE for every industry (dental CH/ST/SC; physician SC; hospitals SC; home care SC; personal services SL; construction JS; manufacturing PF)
Grade: Primary source read
Days in this quarter: 91 (the whole quarter)

The following materials are designated pursuant to section 102 of the Defense Production Act (50 U.S.C. 4512) and Executive Order 13910 of March 23, 2020 (Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19) as scarce materials or threatened materials: 1. N-95 Filtering Facepiece Respirators, including devices that are disposable half-face-piece nonpowered air-purifying particulate respirators intended for use to cover the nose and mouth of the wearer to help reduce wearer exposure to pathogenic biological airborne particulates 2. Other Filtering Facepiece Respirators (e.g., those designated as N99, N100, R95, R99, R100, or P95, P99, P100)... [and] elastomeric respirators, PAPRs, surgical masks, gloves, face shields, gowns, ventilators, sterilization services, disinfecting devices, medical gowns, sanitizing and disinfecting products

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

Citation: Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074) Open the exhibit

Ex. FED-109

FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)

Florida; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

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

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 91 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-270	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	In force from Jan. 24, 2021 to June 10, 2021	Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-296	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	In force from Feb. 12, 2021 to Apr. 5, 2021	Gathering capCourts and public offices
Ex. FED-155	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	In force from Mar. 10, 2021 to Apr. 27, 2021	Gathering capHealth care orders
Ex. FED-305	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	In force from Mar. 17, 2021 to June 1, 2021	Business closureCourts and public offices
Ex. FED-008	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-292	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	In force from Mar. 19, 2020 to July 19, 2021	Courts and public offices
Ex. FED-034	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-132	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	In force from Mar. 20, 2020 to May 11, 2023	Emergency declaration
Ex. FED-104	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-147	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-071	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	In force from Mar. 23, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-115	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)	In force from Mar. 23, 2020 to May 11, 2023	Emergency declaration

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

State of Delaware

Ex. DE-035

Eighth Revision to the Twenty-Seventh Modification (Omnibus Modification)

Eighth Revision to the Twenty-Seventh Modification (outdoor gatherings to 150 without a plan; outdoor venues 50 percent over 100,000 square feet or 75 percent under; indoor gatherings unchanged at the lesser of 50 percent or 25; restaurants 50 percent; spectator limits; child care and camps)

Governor John C. Carney, Delaware (State)

Dates: In force from Apr. 1, 2021 to May 21, 2021 (issued Mar. 29, 2021)
Quarters: 2021 Q2
Limitations: Capacity limitGathering capSchools and child careEvents and venues
Functions reached: MK/EV outdoor events to 150 (250 by plan); indoor events still capped at 25; DR dining at 50 percent; SP spectators capped at 50; EC child care groups
Grade: Primary source read
Days in this quarter: 51 (in force on the first day)

'Sections D, L, M, N and O are hereby modified, effective April 1, 2021 at 8:00 a.m.' § N.3: 'Outdoor Gatherings/Events over 50 people: Businesses and activities with a stated fire occupancy requirement may host outdoor gatherings or events up to a maximum occupancy of fifty percent (50%) of stated fire occupancy requirements for any outdoor space [over one hundred thousand square feet]... [seventy-five] percent (75%) of stated fire occupancy requirements for any outdoor space of one [hundred thousand square feet or less]'; hosts 'who wish to host a gathering or event of over... one hundred and fifty (150) people may apply' to DPH 'at least seven (7) days prior'; 'For sports gatherings..., the gathering limit of fifty (50) people applies to spectators.' § O.9: 'ADDITIONAL RESTRICTIONS, EFFECTIVE... APRIL 1, 2021... The maximum occupancy for any indoor practice is fifty percent (50%) of…

Enforcement: Omnibus § P.2 (force and effect of law; criminal offense)

Citation: Governor John C. Carney, Eighth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Mar. 29, 2021) (Ex. DE-035) Open the exhibit

Ex. DE-036

Tenth Revision to the Twenty-Seventh Modification (Omnibus Modification)

Tenth Revision to the Twenty-Seventh Modification (adoption of CDC face-covering guidance; school-bus and child-care rules; outdoor gathering and venue rules; interscholastic sports; concealed-carry permit renewals in light of limited court access)

Governor John C. Carney, Delaware (State)

Dates: In force from Apr. 28, 2021 to May 21, 2021 (issued Apr. 27, 2021)
Quarters: 2021 Q2
Limitations: Capacity limitGathering capFace-covering requirementSchools and child careEvents and venuesCourts and public offices
Functions reached: CT courts (limited public access as of Apr. 27, 2021); MK/EV outdoor events; IN/TR school buses; SP interscholastic sports
Grade: Primary source read
Days in this quarter: 24

Recitals: 'on September 3, 2020 at 7:00 p.m. E.D.T., I issued the Twenty-Seventh Modification to the State of Emergency, combining all active COVID-19 restrictions into a single order (as used herein the "Omnibus Modification")'; each Revision is recited with its date and time ('on September 25, 2020 at 2:00 p.m.' First; 'on November 5, 2020 at 2:00 p.m.' Second, 'to lift additional restrictions on bar service in beach towns'; 'on November 20, 2020 at 3:45 p.m.' Third, 'to formally impose restrictions on indoor and outdoor gatherings, and reducing occupancy in restaurants to no more than thirty percent (30%)'; 'on December 10, 2020 at 5:00 p.m.' Fourth, 'imposing additional restrictions to confront the winter surge'; 'on January 8, 2021 at 10:00 a.m.' Fifth, 'lifting the curfew placed on bars and restaurants and allowing sports to [resume]'; 'on February 4, 2021 at 9:00 a.m.' Sixth…

Enforcement: Omnibus § P.2 (force and effect of law; criminal offense)

Citation: Governor John C. Carney, Tenth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Apr. 27, 2021) (Ex. DE-036) Open the exhibit

Ex. DE-037

Twenty-Eighth Modification of the Declaration of a State of Emergency

Twenty-Eighth Modification of the Declaration of a State of Emergency (Omnibus Modification and its ten Revisions struck; most business capacity restrictions eliminated effective May 21, 2021; three-foot social distancing; face-covering mandate and business duty to require masks retained; school bus distancing updated)

Governor John C. Carney, Delaware (State)

Dates: In force from May 21, 2021 to May 21, 2021 (issued May 12, 2021)
Quarters: 2021 Q2
Limitations: Gathering capFace-covering requirementSchools and child careHealth care ordersWorkplace rulesOther
Functions reached: SF/DR/SL/AM capacity caps eliminated May 21, 2021; MASK every business still required to require customer masks (for the period this order was to govern); WF three-foot distancing; SCH school and child-care codes; PM/SV eviction and foreclosure stays
Grade: Primary source read
Days in this quarter: 1

The Omnibus Modification and extensions through Apr. 16, 2021 'are hereby stricken in their entirety and substituted with the following provisions, which shall become effective May 21, 2021 at 8:00 a.m. E.D.T.' § E.2.iv: 'Businesses and individuals responsible for indoor and outdoor spaces open to the public are required to: 1. Require customers and visitors to any indoor businesses or spaces open to the public to wear face coverings. 2. Provide face coverings for employees, contractors, and volunteers.... 5. Remind customers or visitors to wear face coverings by (a) posting the requirement at the entrance of the business, and (b) posting clearly visible signs inside the business... 6. Post signage outlining alternatives to entering the business or indoor space open to the public without a face covering (i.e. curbside pickup, in-person appointment or appointment by video or phone).' §…

Enforcement: Force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125

Citation: Governor John C. Carney, Twenty-Eighth Modification of the Declaration of a State of Emergency (May 12, 2021) (Ex. DE-037) Open the exhibit

Ex. DE-060

Ninth Revision to the Twenty-Seventh Modification (Omnibus Modification)

Ninth Revision to the Twenty-Seventh Modification (youth and amateur sports code rewritten: DPH-approved plans, face coverings for athletes, coaches, officials and spectators; long-term-care quarantine of vaccinated residents no longer recommended)

Governor John C. Carney, Delaware (State)

Dates: In force from Apr. 1, 2021 to May 21, 2021
Quarters: 2021 Q2
Limitations: Face-covering requirementHealth care ordersEvents and venues
Functions reached: SP sports under DPH plans and masks; RS long-term-care quarantine rules
Grade: Primary source read
Days in this quarter: 51 (in force on the first day)

'Sections L and O [are] hereby modified, effective Thursday, April 1, 2021 at 12:30 [p.m.]'. § O.4: 'All athletes playing indoors must wear face coverings at all times, unless rule changes or face covering modifications approved by DPH are in place'; 'Coaches and all staff must wear a face covering at all times'; 'Spectators and others must wear a face covering at all times while indoors.' § L: 'As of April 1, 2021, quarantine is no longer recommended for [fully vaccinated] residents.'

Enforcement: Omnibus § P.2; rescission of plan approval

Citation: Governor John C. Carney, Ninth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Apr. 1, 2021) (Ex. DE-060) Open the exhibit

Ex. DE-038

Twenty-Ninth Modification of the Declaration of a State of Emergency

Twenty-Ninth Modification of the Declaration of a State of Emergency (all active restrictions combined; general face-covering and distancing mandates eliminated; face coverings mandatory in transit, health care, long-term care, home care agencies, State facilities, corrections, shelters, child care and schools; Responsibilities of All Businesses; bus distancing; sports plans; long-term care and public health provisions; evictions and foreclosures; State government)

Governor John C. Carney, Delaware (State)

Dates: In force from May 21, 2021 to July 13, 2021 (issued May 18, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementSchools and child careHealth care ordersEvents and venuesCourts and public officesWorkplace rulesQuarantine and isolationOther
Functions reached: HR/WF every employer bound to exclude diagnosed, suspected, symptomatic, isolated and quarantined employees and to keep flexible sick leave through July 12, 2021; MASK transit riders and employees, health-care employees, patients and visitors, home-care-agency employees, State-facility visitors, child care and school occupants; TR bus transportation at three-foot distancing; SP/EV sports plan approvals; RS/VS long-term-care screening and exclusion; IC PPE guidance for hospitals, home health and personal assistance agencies; PM/SV eviction and foreclosure stays; OF State leave policies
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

The Twenty-Eighth Modification 'is hereby stricken in its entirety and substituted with the following provisions, which shall become effective May 21, 2021 at 8:00 a.m. E.D.T.' § E.2.ii: 'All individuals aged Kindergarten and up must wear a face covering, except where doing so would inhibit that individual's health, while in the following places: a. when they are an employee or rider on public transportation, or a school bus, paratransit vehicle, taxi, private car service, or ride-sharing vehicle; b. when they are an employee, patient, resident, or visitor at any healthcare facility, including, but not limited to, hospitals, medical clinics and offices, special care facilities, medical laboratories, dentists, pharmacies...; c. when they are an employee or visitor at a facility licensed under Chapter 11 of Title 16...; d. when they are an employee of a home care agency licensed under…

Enforcement: Force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125; DPH inspection authority (§ A.5); rescission of sports plan approval (§ K)

Citation: Governor John C. Carney, Twenty-Ninth Modification of the Declaration of a State of Emergency (May 18, 2021) (Ex. DE-038) Open the exhibit

Ex. DE-053

Sixteenth Extension of the Declaration of a State of Emergency

Sixteenth Extension of the Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat

Governor John C. Carney, Delaware (State)

Dates: In force from June 13, 2021 to July 13, 2021
Quarters: 2021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate: emergency and DE-038 in force July 1-12, 2021
Grade: Primary source read
Days in this quarter: 18 (in force on the last day)

Extends the COVID-19 State of Emergency declaration, as modified by the Twenty-Ninth Modification, for thirty days; the last extension before termination.

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Sixteenth Extension of the Declaration of a State of Emergency (June 13, 2021) (Ex. DE-053) Open the exhibit

Ex. DE-039

First Revision of the Twenty-Ninth Modification of the Declaration of a State of Emergency

First Revision of the Twenty-Ninth Modification (face coverings in child care homes and centers, schools and State facilities restated)

Governor John C. Carney, Delaware (State)

Dates: In force from June 15, 2021 to July 13, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: EC/IN child care and schools masked through July 12, 2021; OF/CB State facilities masked
Grade: Primary source read
Days in this quarter: 16 (in force on the last day)

Recital: 'on May 18, 2021 at 12:00 p.m. E.D.T., I issued the Twenty-Ninth Modification to the State of Emergency, combining all active COVID-19 restrictions into a single order (as used herein the "Omnibus Modification").' § E.2.ii as revised: 'All individuals aged Kindergarten and up must wear a face covering, except where doing so would inhibit that individual's health, while in the following places:... e. when they are an employee or visitor at any state owned or operated facility open to the public...; g. while they are an employee, student, or visitor inside any child care home, center, or school, except for meals, naps, or when doing so would inhibit the child's health. Face coverings are not required for employees at times when there are no children in the facility. If outside at a child care home or center or at a school, face coverings... shall be worn by students (Kindergarten…

Enforcement: Twenty-Ninth Modification enforcement clause (force and effect of law; criminal offense)

Citation: Governor John C. Carney, First Revision of the Twenty-Ninth Modification of the Declaration of a State of Emergency (June 15, 2021) (Ex. DE-039) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. DE-058	Governor John C. Carney, Sixth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Feb. 4, 2021) (Ex. DE-058)	In force from Feb. 12, 2021 to May 21, 2021 (issued Feb. 4, 2021)	Stay-at-homeCapacity limitGathering capFace-covering requirementHealth care ordersOther
Ex. DE-021	Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021)	In force from May 15, 2020 to May 21, 2021 (issued May 14, 2020)	Business closureCapacity limitFace-covering requirementEvents and venues
Ex. DE-027	Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027)	In force from July 1, 2020 to Nov. 6, 2020 (issued June 30, 2020)	Business closureCapacity limitSchools and child careAlcohol and barsCourts and public officesOther
Ex. DE-031	Governor John C. Carney, Twenty-Seventh Modification of the Declaration of a State of Emergency (the 'Omnibus Modification') (Sept. 3, 2020) (Ex. DE-031)	In force from Sept. 4, 2020 to Dec. 10, 2020 (issued Sept. 3, 2020)	Capacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careHealth care ordersAlcohol and barsEvents and venuesCourts and public officesWorkplace rulesOther
Ex. DE-056	Governor John C. Carney, First Revision to the Twenty-Seventh Modification (Omnibus Modification) (Sept. 25, 2020) (Ex. DE-056)	In force from Sept. 25, 2020 to May 21, 2021	Capacity limitGathering capSchools and child careOther
Ex. DE-034	Governor John C. Carney, Fifth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Jan. 8, 2021) (Ex. DE-034)	In force from Jan. 8, 2021 to Mar. 29, 2021	Stay-at-homeCapacity limitFace-covering requirementCurfew and hoursEvents and venuesQuarantine and isolation
Ex. DE-059	Governor John C. Carney, Seventh Revision to the Twenty-Seventh Modification (Omnibus Modification) (Feb. 19, 2021) (Ex. DE-059)	In force from Feb. 19, 2021 to May 21, 2021	Capacity limitGathering capEvents and venues
Ex. DE-011	Governor John C. Carney, Eighth Modification of the Declaration of a State of Emergency (Mar. 30, 2020) (Ex. DE-011)	In force from Mar. 30, 2020 to June 15, 2020	Business closureSchools and child careHealth care ordersWorkplace rules
Ex. DE-030	Governor John C. Carney, Twenty-Sixth Modification of the Declaration of a State of Emergency (Sept. 1, 2020) (Ex. DE-030)	In force from Sept. 2, 2020 to Sept. 4, 2020 (issued Sept. 1, 2020)	Gathering capFace-covering requirementEvents and venues
Ex. DE-057	Governor John C. Carney, Second Revision to the Twenty-Seventh Modification (Omnibus Modification) (Nov. 5, 2020) (Ex. DE-057)	In force from Nov. 6, 2020 to May 21, 2021 (issued Nov. 5, 2020)	Capacity limitAlcohol and bars
Ex. DE-065	Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus) (Mar. 9, 2020) (Ex. DE-065)	In force from Mar. 9, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. DE-001	Governor John C. Carney, Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (Mar. 12, 2020) (Ex. DE-001)	In force from Mar. 13, 2020 to July 13, 2021 (issued Mar. 12, 2020)	Emergency declaration
Ex. DE-071	Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 116, COVID-19 (Mar. 20, 2020) (Ex. DE-071)	In force from Mar. 20, 2020 to June 30, 2021	Health care ordersOther
Ex. DE-007	Governor John C. Carney, Declaration of a Public Health Emergency for the State of Delaware (Mar. 23, 2020) (Ex. DE-007)	In force from Mar. 23, 2020 to July 12, 2021	Emergency declarationHealth care ordersQuarantine and isolation
Ex. DE-008	A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, on behalf of DHSS, Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency (Mar. 23, 2020) (Ex. DE-008)	In force from Mar. 23, 2020 to Dec. 1, 2020	Health care orders
Ex. DE-009	Governor John C. Carney, Sixth Modification of the Declaration of a State of Emergency (Mar. 24, 2020) (Ex. DE-009)	In force from Mar. 25, 2020 to July 1, 2020 (issued Mar. 24, 2020)	Courts and public officesWorkplace rulesOther
Ex. DE-015	Governor John C. Carney, Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. B (Ex. DE-015)	In force from Apr. 15, 2020 to July 13, 2021	Health care ordersCourts and public officesQuarantine and isolation
Ex. DE-016	Governor John C. Carney, Twelfth Modification of the Declaration of a State of Emergency (Apr. 23, 2020) (Ex. DE-016)	In force from Apr. 23, 2020 to July 13, 2021	Health care orders
Ex. DE-017	Governor John C. Carney, Thirteenth Modification of the Declaration of a State of Emergency (Apr. 25, 2020) (Ex. DE-017)	In force from Apr. 28, 2020 to June 30, 2021 (issued Apr. 25, 2020)	Face-covering requirementWorkplace rules
Ex. DE-018	Governor John C. Carney, Fourteenth Modification of the Declaration of a State of Emergency (Apr. 29, 2020) (Ex. DE-018)	In force from Apr. 30, 2020 to June 30, 2021 (issued Apr. 29, 2020)	Other
Ex. DE-029	Governor John C. Carney, Twenty-Fifth Modification of the Declaration of a State of Emergency (Aug. 26, 2020) (Ex. DE-029)	In force from Aug. 27, 2020 to Sept. 4, 2020 (issued Aug. 26, 2020)	Face-covering requirementSchools and child careWorkplace rules
Ex. DE-052	Governor John C. Carney, Thirteenth Extension of the Declaration of a State of Emergency (Mar. 19, 2021) (Ex. DE-052)	In force from Mar. 19, 2021 to Apr. 16, 2021	Emergency declaration

Agencies, boards and authorities: Delaware

Ex. AGY-ST-COURTS-059

Administrative Order No. 19 (April 30, 2021): Extension of Judicial Emergency; Phase 3 to commence June 1, 2021, with an updated Jury Management Plan (Exhibit 1)

Fourteenth extension; direction that Phase 3 of the Reopening Plan, as modified, commence June 1, 2021 with jury trials

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from Apr. 30, 2021 to May 26, 2021
Quarters: 2021 Q2
Limitations: Emergency declarationCapacity limitFace-covering requirementCourts and public offices
Functions reached: CT courts and agencies
Grade: Confirmed from a secondary source
Days in this quarter: 27

Enforcement: 10 Del. C. § 2004

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 19 (April 30, 2021): Extension of Judicial Emergency; Phase 3 to commence June 1, 2021, with an updated Jury Management Plan (Exhibit 1) (Apr. 30, 2021) (Ex. AGY-ST-COURTS-059)

Ex. AGY-ST-COURTS-029

Release: Delaware Courts move to Phase 3 of reopening plan, restart jury trials June 1; Chief Justice extends judicial emergency to July 2, 2021

Release announcing the fifteenth 30-day extension, the June 1, 2021 return to Phase 3 with jury trials, the continued courthouse mask mandate and screening, and 100 percent staffing from July 6, 2021

Delaware Judiciary, for Chief Justice Seitz, Delaware Judiciary (statewide) (Court)

Dates: In force from June 1, 2021 to July 2, 2021 (issued May 26, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Emergency declarationCapacity limitFace-covering requirementCourts and public offices
Functions reached: CT courts and agencies; WF workforce
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

While the move to Phase 3 of the Courts Reopening Plan on June 1 will allow many in-person proceedings including jury trials to resume... many COVID safety measures will remain in place for now.... Delaware court facilities will keep the mask mandate for all visitors. The Delaware Courts will also maintain temperature screenings and COVID screening questions at the entrances to all court facilities and continue to follow social distancing practices.... 'we still have a significant backlog of cases in some of our courts.'

Enforcement: n/a (release); the order is AO No. 21 (Ex. AGY-ST-COURTS-060)

Citation: Delaware Judiciary, for Chief Justice Seitz, Release: Delaware Courts move to Phase 3 of reopening plan, restart jury trials June 1; Chief Justice extends judicial emergency to July 2, 2021 (May 26, 2021) (Ex. AGY-ST-COURTS-029) Open the exhibit

Ex. AGY-ST-COURTS-060

Administrative Order No. 21 (extension of the judicial emergency effective June 3, 2021; Phase 3 from June 1, 2021)

Fifteenth 30-day extension; Phase 3 (jury trials) from June 1, 2021; staffing to 100 percent from July 6, 2021; audiovisual proceedings; Speedy Trial Guidelines tolled; AO No. 3 sworn-declaration suspension and AO No. 20 mask order continued

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from June 3, 2021 to June 29, 2021 (issued May 26, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Emergency declarationCapacity limitFace-covering requirementCourts and public offices
Functions reached: CT courts and agencies (in force July 1-13, 2021); WF workforce (staffing below 100 percent until July 6, 2021); CL closings (sworn-declaration suspension)
Grade: Primary source read
Days in this quarter: 27

(1) Under the authority of 10 Del. C. § 2004, the judicial emergency for all State courts and their facilities in Delaware is extended for another 30 days effective June 3, 2021. (2) As previously set forth in Administrative Order No. 19, Phase 3 of the Reopening Plan will commence on June 1, 2021. (3) Effective July 6, 2021, Phase 3 of the Reopening Plan will be modified to authorize courts to increase judicial branch staffing to 100%.... (5) During the period of judicial emergency, all time requirements under the Speedy Trial Guidelines are tolled. (6) Administrative Order No. 3 regarding the suspension of any requirements for sworn declarations... will remain in effect. (7) Administrative Order No. 20 regarding the use of face masks or coverings in State court facilities will remain in effect.

Enforcement: 10 Del. C. §§ 2004-2009

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 21 (extension of the judicial emergency effective June 3, 2021; Phase 3 from June 1, 2021) (May 26, 2021) (Ex. AGY-ST-COURTS-060) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-COURTS-048	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048)	In force from June 8, 2020 to June 30, 2021 (issued June 5, 2020)	Emergency declarationCapacity limitGathering capFace-covering requirementCourts and public offices
Ex. AGY-ST-COURTS-054	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 13: Return to Phase 2 of the Reopening Plan (Nov. 16, 2020) (Ex. AGY-ST-COURTS-054)	In force from Nov. 16, 2020 to June 1, 2021	Capacity limitGathering capFace-covering requirementCourts and public offices
Ex. AGY-ST-COURTS-021	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021)	In force from Mar. 16, 2020 to July 13, 2021 (issued Mar. 13, 2020)	Emergency declarationGathering capCourts and public offices
Ex. AGY-ST-COURTS-058	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 17: Extension of Judicial Emergency (March 2021) (Ex. AGY-ST-COURTS-058)	Effective: 2021-03	Emergency declarationCapacity limitCourts and public offices
Ex. AGY-ST-COURTS-047	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 5: Use of Face Masks/Coverings in Court Facilities (Apr. 30, 2020) (Ex. AGY-ST-COURTS-047)	In force from Apr. 30, 2020 to May 20, 2021	Face-covering requirementCourts and public offices
Ex. AGY-ST-COURTS-030	Superior Court of the State of Delaware, Administrative Order 2020-1, In re: Filing Regarding Compliance with the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act') (July 21, 2020) (Ex. AGY-ST-COURTS-030)	In force from July 21, 2020 to Sept. 30, 2021	Courts and public officesOther
Ex. AGY-ST-HEALTH-SUBORDERS-066	Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 4202 Control of Communicable and Other Disease Conditions, Appendix I (renewal) (24 DE Reg. 732 (Feb. 1, 2021)) (Jan. 19, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-066)	In force from Jan. 29, 2021 to May 29, 2021 (issued Jan. 19, 2021)	Health care ordersWorkplace rulesOther

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

Federal layer

Ex. FED-272

COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks

COVID-19 Workplace Safety: Agency Model Safety Principles (Issued July 29, 2021)

Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, United States (all federal buildings and federal lands; federally hosted meetings) (Federal)

Dates: In force from July 29, 2021 to Sept. 13, 2021
Quarters: 2021 Q3
Limitations: Gathering capFace-covering requirementTravel and quarantineWorkplace rulesVaccination or testing
Functions reached: CS vendor, contractor and visitor entry to every federal building conditioned on vaccination status or testing from July 29, 2021; MK federally hosted meetings, conferences and events over 50 participants restricted; TR federal official travel for the unvaccinated limited to mission-critical trips; OF masks in federal buildings in areas of substantial or high transmission regardless of vaccination status (which by August 2021 was nearly the whole country)
Grade: Primary source read
Days in this quarter: 47

Federal agencies need to ask about the vaccination status of Federal employees and onsite contractors -- employees and onsite contractors must sign an attestation confirming their vaccination status, or they will be treated as not fully vaccinated for purposes of safety protocols.... Visitors must provide information on their vaccination status and comply with the requisite safety protocols.... [for employees and contractors] who are not fully vaccinated or who decline to provide information about their vaccination status, official domestic travel should be limited to only necessary mission-critical trips.... Should an agency intend to host an in-person meeting, conference, or event that will be attended by more than 50 participants -- regardless of whether participants include members of the public -- the agency must first seek the approval of its agency head, in consultation with the…

Enforcement: EO 13991 § 2; agency safety plans; attestation under penalty of administrative action (Certification of Vaccination form, Ex. FED-278)

Citation: Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272) Open the exhibit

Ex. FED-307

Updated Amended Standing Order 21-04

In re: Court Operations Under the Exigent Circumstances Created by COVID-19 (Updated Amended, Sept. 3, 2021)

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

Dates: In force from Sept. 3, 2021 to Dec. 29, 2021
Quarters: 2021 Q3
Limitations: Capacity limitFace-covering requirementCourts and public offices
Functions reached: CT jury selections capped at one per vicinage; masks for all entrants regardless of vaccination status; temperature screening (Sept. 2021); CS
Grade: Primary source read
Days in this quarter: 28 (in force on the last day)

[WHEREAS the Delta] and other variants, and on July 27, 2021, the CDC recommended that all persons, including those fully vaccinated against COVID-19, wear a mask in public indoor settings, in areas of [substantial or high transmission]... [the Court has required] full vaccination of its employees, while continuing its protocols of temperature screening and hand sanitizing by all entrants to the District's courthouses, and mask wearing in all public areas of Court facilities by entrants and occupants thereof, regardless of vaccination status;... 1. No more than one jury selection, either civil or criminal, shall occur in each vicinage of this Court at one time... 2. Multiple, simultaneous jury trials may be conducted in each of this Court's vicinages, but the number of simultaneous criminal jury trials involving detainees in each [vicinage is limited]... DATED: September 3, 2021

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307) Open the exhibit

Ex. FED-130

FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)

New Jersey; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

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

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130) Open the exhibit

Ex. FED-133

FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)

North Carolina; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

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

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133) Open the exhibit

Ex. FED-143

FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)

Texas; Major Disaster and Related Determinations, 85 Fed. Reg. 20699 (Apr. 14, 2020)

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

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143) Open the exhibit

Ex. FED-113

FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)

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

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

Dates: In force from Mar. 26, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-156	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	In force from Apr. 27, 2021 to Nov. 12, 2021	Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-032	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	In force from May 5, 2021 to Sept. 30, 2021	Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-080	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	In force from June 21, 2021 to Dec. 27, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-008	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-292	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	In force from Mar. 19, 2020 to July 19, 2021	Courts and public offices
Ex. FED-034	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-132	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	In force from Mar. 20, 2020 to May 11, 2023	Emergency declaration
Ex. FED-104	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-147	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-071	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	In force from Mar. 23, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-115	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)	In force from Mar. 23, 2020 to May 11, 2023	Emergency declaration
Ex. FED-118	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)	In force from Mar. 24, 2020 to May 11, 2023	Emergency declaration
Ex. FED-183	Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)	In force from Mar. 24, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-074	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	In force from Mar. 25, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-109	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)	In force from Mar. 25, 2020 to May 11, 2023	Emergency declaration

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

State of Delaware

Ex. DE-061

Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), § 11.0 Infection Control (25 Del. Reg. 27 (July 1, 2021))

DHSS Emergency Secretary's Order: every aide-only home health agency must establish a CDC-based infection prevention and control program covering all services, with PPE for all patients and staff, a designated lead, a written comprehensive plan and orientation and annual in-service training

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Delaware (Sector regulator)

Dates: In force from July 1, 2021 to Oct. 28, 2021 (issued June 25, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IC infection control program in force every day of 2021 Q3; HR orientation and training; SC PPE for all patients and staff
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'Rapid and widespread transmission of COVID-19 significantly impacted many vulnerable individuals receiving home care services throughout the community. A comprehensive infection control and prevention program based upon guidance from the Centers for Disease Controls and Prevention and other nationally recognized sources is imperative... While the availability of COVID-19 vaccines has helped to mitigate some of the risk, health and safety protocols must continue.... 11.0 Infection Control 11.1 The Agency shall establish an infection prevention and control program which shall be based upon Centers for Disease Control and Prevention and other nationally recognized infection prevention and control guidelines. 11.1.1 The infection prevention and control program must include all services offered by the Agency, including the appropriate personal protective equipment for all patients and staff.…

Enforcement: Licensure under 16 Del. C. ch. 11 and 16 DE Admin. Code 4406; emergency regulation under 29 Del. C. § 10119

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), § 11.0 Infection Control (25 Del. Reg. 27 (July 1, 2021)) (June 25, 2021) (Ex. DE-061) Open the exhibit

Ex. DE-062

Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), § 6.0 (25 Del. Reg. 29 (July 1, 2021))

DHSS Emergency Secretary's Order: every hospital must expand its infection prevention and control program on CDC guidance with a comprehensive plan and immediate corrective mechanisms

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Delaware (Sector regulator)

Dates: In force from July 1, 2021 to Oct. 28, 2021 (issued June 17, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IC hospital infection control program in force every day of 2021 Q3
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

'A comprehensive infection control and prevention program based upon guidance from the Centers for Disease Control and Prevention... is imperative'; § 6.0 'which expand infection prevention and control program requirements' is temporarily modified to require a plan 'that result[s] in immediate action to take preventive or corrective measures that improve the hospital's infection control outcomes.' 'This Emergency Order shall take effect on July 1, 2021 and shall remain in effect for 120 days.... It is hereby ordered, this 17th day of June, 2021.'

Enforcement: Hospital licensure under 16 Del. C. ch. 10 and 16 DE Admin. Code 4407; 29 Del. C. § 10119

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), § 6.0 (25 Del. Reg. 29 (July 1, 2021)) (June 17, 2021) (Ex. DE-062) Open the exhibit

Ex. DE-063

Emergency Secretary's Order amending 16 DE Admin. Code 3201, Skilled and Intermediate Care Nursing Facilities, § 6.10 Infection Control (25 Del. Reg. 6 (July 1, 2021))

DHSS Emergency Secretary's Order: every nursing facility must expand its infection control program with an infection control coordinator, records, corrective mechanisms and training

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Delaware (Sector regulator)

Dates: In force from July 1, 2021 to Oct. 28, 2021 (issued June 25, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IC/RS nursing-facility infection control in force every day of 2021 Q3
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

§ 6.10 Infection Control as modified: the facility's committee 'shall be to manage the infection control program in the facility. One member of the committee program shall be designated the infection control coordinator'; 'The infection control coordinator... must: maintain records of all' infections and implement a plan 'that... improve[s] the nursing facility's infection control outcomes'; 'The infection control committee shall establish the infection control training.' 'This Emergency Order shall take effect on July 1, 2021 and shall remain in effect for 120 days.... It is hereby ordered, this 25th day of June, 2021.'

Enforcement: Nursing-facility licensure under 16 Del. C. ch. 11 and 16 DE Admin. Code 3201; 29 Del. C. § 10119

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 3201, Skilled and Intermediate Care Nursing Facilities, § 6.10 Infection Control (25 Del. Reg. 6 (July 1, 2021)) (June 25, 2021) (Ex. DE-063) Open the exhibit

Ex. DE-041

Declaration of a Public Health Emergency for the State of Delaware

Declaration of a Public Health Emergency (vaccination, treatment and testing powers; insurer prior-authorization waiver; long-term-care staffing ratios suspended; testing and vaccination provider duties; vaccine reporting within 24 hours on pain of fines)

Governor John C. Carney, Delaware (State)

Dates: In force from July 12, 2021 to Dec. 30, 2021
Quarters: 2021 Q3
Limitations: Emergency declarationHealth care ordersVaccination or testingOther
Functions reached: IC/HC every testing and vaccinating provider bound to DPH guidance and reporting; IN insurers (prior-authorization waiver); RS long-term-care staffing; WF DPH power to direct 'such other measures as may be necessary'
Grade: Primary source read
Days in this quarter: 81 (in force on the last day)

'do hereby declare a Public Health Emergency, which shall become effective Monday, July 12, 2021 at 11:59 p.m. E.D.T.... A.2. The Public Health Authority is authorized to direct vaccination, treatment and such other measures as may be necessary to prevent or contain the spread of COVID-19, including to designate any qualified person to administer vaccines in accordance with 20 Del. C. § 3137, and require in-state health care providers to assist in the performance of vaccination, treatment and testing of any potentially infected individual in accordance with 20 Del. C. § 3140. A.3. The following statutory and regulatory provisions are hereby suspended or waived for the duration of this Public Health Emergency: a.... all insurers issuing policies subject to state regulation under Title 18 of the Delaware Code shall waive all prior authorization requirements for the lab testing and…

Enforcement: 16 Del. C. § 107(a) fines; cessation of vaccine distribution; 20 Del. C. ch. 31

Citation: Governor John C. Carney, Declaration of a Public Health Emergency for the State of Delaware (July 12, 2021) (Ex. DE-041) Open the exhibit

Ex. DE-048

Joint Practice Order: Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency

Joint Practice Order authorizing out-of-state and lapsed-license practitioners to provide in-person health-care services at DPH points of dispensing, testing and public-health events and in licensed long-term-care facilities

A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, Delaware (Sector regulator)

Dates: In force from July 12, 2021 to Oct. 7, 2021
Quarters: 2021 Q3
Limitations: Health care orders
Functions reached: HR credentialing waivers in Q3 2021; WF long-term-care labor market
Grade: Primary source read
Days in this quarter: 81 (in force on the last day)

'1. The individuals listed in Appendix A are authorized to provide in-person healthcare services: a. Under the direction of the Division of Public Health or the State Health Operations Center at points of dispensing, call centers, community testing or other public health events once registered with the Delaware Medical Reserve Corps. b. In licensed long-term care facilities in the State of Delaware, as such facilities are defined in 16 Del. C. § 1102.'

Enforcement: Licensure waiver under 20 Del. C. ch. 31

Citation: A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, Joint Practice Order: Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency (July 12, 2021) (Ex. DE-048) Open the exhibit

Ex. DE-040

Termination of State of Emergency for the State of Delaware Due to a Public Health Threat

Governor John C. Carney, Delaware (State)

Dates: In force from July 13, 2021 to Sept. 30, 2021 (issued July 12, 2021)
Quarters: 2021 Q3
Limitations: Emergency declaration
Functions reached: ends the Twenty-Ninth Modification and every related order twelve days into 2021 Q3
Grade: Primary source read
Days in this quarter: 80 (in force on the last day)

'WHEREAS, in compliance with state law, I extended the COVID-19 State of Emergency every thirty days since it was signed on March 12, 2020;... WHEREAS, to prevent the spread of the highly transmissible variants of the coronavirus to those not vaccinated and to continue to vaccinate Delawareans, I am issuing contemporaneously a limited State of Public Health Emergency declaration. NOW THEREFORE, I, JOHN C. CARNEY, do hereby declare that: 1. My declaration of a State of Emergency for the State of Delaware dated March 12, 2020 to become effective on March 13, 2020 at 8:00 a.m. E.D.T., including all its related orders, is hereby terminated as of Tuesday, July 13, 2021 at 12:01 a.m. E.D.T.'

Enforcement: n/a

Citation: Governor John C. Carney, Termination of State of Emergency for the State of Delaware Due to a Public Health Threat (July 12, 2021) (Ex. DE-040) Open the exhibit

Ex. DE-042

Extension of Declaration of a Public Health Emergency (First Extension)

Extension of Declaration of a Public Health Emergency for the State of Delaware

Governor John C. Carney, Delaware (State)

Dates: In force from Aug. 10, 2021 to Sept. 8, 2021
Quarters: 2021 Q3
Limitations: Emergency declaration
Functions reached: predicate: keeps DE-041 in force through Q3 2021
Grade: Primary source read
Days in this quarter: 30

Extends the Public Health Emergency 'effective as of July 13, 2021' with all provisions remaining in force (recited in DE-043: 'on August 10, 2021, I issued an Extension of Declaration of a Public Health Emergency for the entire state, effective as of August 10, 2021').

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Extension of Declaration of a Public Health Emergency (First Extension) (Aug. 10, 2021) (Ex. DE-042) Open the exhibit

Ex. DE-066

Emergency Order amending 14 DE Admin. Code 934, DELACARE: Regulations for Family and Large Family Child Care Homes, § 5.3

DDOE Emergency Order: masks required of children kindergarten through twelfth grade, staff, family members and visitors inside family and large family child care homes (repealing and replacing the Aug. 12, 2021 order)

Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing), Delaware (Sector regulator)

Dates: In force from Aug. 15, 2021 to Dec. 12, 2021 (issued Aug. 13, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: EC family child care homes under mandatory masking; WF workforce dependent on home-based child care
Grade: Primary source read
Days in this quarter: 47 (in force on the last day)

'The August 12, 2021 Emergency Order contained language that was inadvertently broad... [and] is hereby repealed in its entirety and replaced with this Emergency Order.' § 5.3 requires mask use by children in kindergarten through twelfth grade, staff, family members and visitors 'inside the child care facility, regardless of vaccination status' and on child care buses 'regardless of vaccination status.' 'This Emergency Order shall take effect on August 15, 2021 and shall remain in effect for 120 days.... IT IS SO ORDERED the 13th day of August, 2021.'

Enforcement: Child care licensing under 14 Del. C. ch. 30A; 29 Del. C. § 10119

Citation: Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing), Emergency Order amending 14 DE Admin. Code 934, DELACARE: Regulations for Family and Large Family Child Care Homes, § 5.3 (Aug. 13, 2021) (Ex. DE-066) Open the exhibit

Ex. DE-044

Emergency Secretary's Order amending 16 Del. Admin. C. § 4202, Control of Communicable and Other Disease Conditions, § 7.7 (COVID-19 Mitigation and Prevention)

DHSS Emergency Secretary's Order: universal mask use in K-12 schools; masks in State congregate settings (repealing and replacing the Aug. 12, 2021 order)

Molly K. Magarik, Secretary, Department of Health and Social Services, Delaware (Sector regulator)

Dates: In force from Aug. 16, 2021 to Dec. 13, 2021 (issued Aug. 13, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN in-person instruction under universal masking for the 2021-22 year; WF workforce with school-age children; OF/CB State congregate settings masked
Grade: Primary source read
Days in this quarter: 46 (in force on the last day)

'7.7 COVID-19 Mitigation and Prevention 7.7.1 Schools 7.7.1.1. All schools that serve students kindergarten through twelfth grade shall require mask use by all students, faculty, staff, and visitors inside school buildings, regardless of vaccination status.... 7.7.2 Other Authorities of the State and Public Institutions 7.7.2.1 Authorities of the State shall require masks in congregate settings.... This Emergency Order shall take effect on August 16, 2021 and shall remain in effect for 120 days. At the expiration of 120 days, the Department may choose to renew this Emergency Order once for a period not exceeding 60 days, consistent with 29 Del.C. § 10119(3).' Reason: 'While the youngest students in Delaware are unable to get vaccinated against COVID-19, the best way to mitigate the spread of the virus is through a tiered strategy... The August 12, 2021 Emergency Secretary's Order…

Enforcement: 16 Del. C. §§ 122, 128 (DHSS regulatory authority); 29 Del. C. § 10119

Citation: Molly K. Magarik, Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 Del. Admin. C. § 4202, Control of Communicable and Other Disease Conditions, § 7.7 (COVID-19 Mitigation and Prevention) (Aug. 13, 2021) (Ex. DE-044) Open the exhibit

Ex. DE-045

Emergency Order amending 14 DE Admin. Code 933, DELACARE: Regulations for Early Care and Education and School-Age Centers, § 5.3

DDOE Emergency Order: masks required of children kindergarten through twelfth grade, staff, family members and visitors inside child care centers and on child care buses; recommended for ages 2 to pre-kindergarten (repealing and replacing the Aug. 12, 2021 order)

Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing), Delaware (Sector regulator)

Dates: In force from Aug. 16, 2021 to Dec. 13, 2021 (issued Aug. 13, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: EC child care centers and school-age programs under mandatory masking; WF workforce dependent on child care
Grade: Primary source read
Days in this quarter: 46 (in force on the last day)

'5.3.1. All persons or associations conducting child care as defined in 14 Del.C. §3002A(1) shall recommend mask use by children ages 2 through pre-kindergarten and shall require mask use by children in kindergarten through twelfth grade, staff, family members, and visitors inside the child care facility, regardless of vaccination status.... 5.3.4. All child care facilities that provide bus service to and from the child care facility shall recommend mask use by children ages 2 through pre-kindergarten and shall require mask use by children in kindergarten through twelfth grade, faculty, staff, and visitors riding school buses, regardless of vaccination status. This Emergency Order shall take effect on August 16, 2021 and shall remain in effect for 120 days.'

Enforcement: Child care licensing under 14 Del. C. ch. 30A; 29 Del. C. § 10119

Citation: Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing), Emergency Order amending 14 DE Admin. Code 933, DELACARE: Regulations for Early Care and Education and School-Age Centers, § 5.3 (Aug. 13, 2021) (Ex. DE-045) Open the exhibit

Ex. DE-043

Second Extension of Declaration of a Public Health Emergency

Second Extension of Declaration of a Public Health Emergency for the State of Delaware

Governor John C. Carney, Delaware (State)

Dates: In force from Sept. 8, 2021 to Oct. 7, 2021
Quarters: 2021 Q3
Limitations: Emergency declaration
Functions reached: predicate: DE-041 in force on Sept. 30, 2021
Grade: Primary source read
Days in this quarter: 23 (in force on the last day)

'WHEREAS, the State of Delaware continues to face a serious public health threat from the spread of the highly transmissible variants of the coronavirus, and the need to vaccinate Delawareans against the coronavirus continues;... 1. The Public Health Emergency effective as of July 13, 2021, and extended as of August 10, 2021, is extended, effective immediately. 2. Pursuant to Title 20, Chapter 31 of the Delaware Code, all provisions of the Public Health Emergency currently in place shall remain in full force and effect until terminated in accordance with state law.'

Enforcement: 20 Del. C. ch. 31

Citation: Governor John C. Carney, Second Extension of Declaration of a Public Health Emergency (Sept. 8, 2021) (Ex. DE-043) Open the exhibit

Ex. DE-046

Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), §§ 11.4-11.5

DHSS Emergency Secretary's Order: COVID-19 testing of all new staff, vendors and volunteers before their start date; ongoing testing of all staff, vendors and volunteers per DPH guidance (vaccination status as the alternative); work-exclusion and return-to-work protocols; outbreak staffing plans

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Delaware (Sector regulator)

Dates: In force from Sept. 30, 2021 to Jan. 27, 2022 (issued Sept. 10, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: HR every hire tested before start; WF ongoing testing of unvaccinated staff; work exclusion; IC infection control program; SC vendors tested
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

'Emergency regulations to require this infection prevention and control program were published in the July 2021 Register at 25 DE Reg. 27 (07/01/21). In addition, home health agency - aide only staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19. While the state's requirements will offer employees the choice between getting vaccinated or getting tested, employers should encourage vaccination and federal guidance permits employers to require vaccinations.... 11.4 Specific Requirements for COVID-19 11.4.1 Before their start date, all new staff, vendors and volunteers must be tested for COVID-19 in accordance with Delaware Division of Public Health Guidance. 11.4.2 All staff, vendors and volunteers must be tested for COVID-19 in a manner consistent with Division of Public Health Guidance. 11.4.3 Agencies must follow…

Enforcement: Licensure under 16 Del. C. ch. 11 and 16 DE Admin. Code 4406; emergency regulation under 29 Del. C. § 10119

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), §§ 11.4-11.5 (Sept. 10, 2021) (Ex. DE-046) Open the exhibit

Ex. DE-047

Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), §§ 6.4-6.5

DHSS Emergency Secretary's Order: hospitals: COVID-19 testing of all new staff, vendors and volunteers before their start date; ongoing testing per DPH guidance (vaccination as the alternative); work-exclusion protocols; outbreak staffing plans

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Delaware (Sector regulator)

Dates: In force from Sept. 30, 2021 to Jan. 27, 2022 (issued Sept. 10, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: HR/WF/IC hospital workforce testing and exclusion; SC vendors tested
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

'In addition, hospital staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19.... This emergency order adds language to the July amendment of Section 6.0.... 6.4.1 Before their start date, all new staff, vendors and volunteers must be tested for COVID-19... 6.4.2 All staff, vendors and volunteers must be tested for COVID-19 in a manner [consistent with Division of Public Health Guidance]... 6.5.1 Work exclusion and return to work protocols for staff tested positive for COVID-19... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.... It is hereby ordered, this 10th day of September, 2021.'

Enforcement: Hospital licensure under 16 Del. C. ch. 10 and 16 DE Admin. Code 4407; 29 Del. C. § 10119

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), §§ 6.4-6.5 (Sept. 10, 2021) (Ex. DE-047) Open the exhibit

Ex. DE-055

Emergency Secretary's Order amending 16 DE Admin. Code 3345, Personal Assistance Services Agencies, §§ 9.4-9.5

DHSS Emergency Secretary's Order: personal assistance services agencies: COVID-19 testing of all new staff, vendors and volunteers before their start date; ongoing testing per DPH guidance (vaccination as the alternative); work-exclusion protocols; outbreak staffing plans

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Delaware (Sector regulator)

Dates: In force from Sept. 30, 2021 to Jan. 27, 2022 (issued Sept. 10, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: HR/WF/IC home-care and personal-assistance workforce testing and exclusion
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

'This emergency order adds language to the July amendment of Section 9.0.... 9.4.1 Before their start date, all new staff, vendors and volunteers must be tested for COVID-19 [in accordance with Delaware Division of Public Health Guidance]. 9.4.2 All staff, vendors and volunteers must be tested for COVID-19 in a manner [consistent with Division of Public Health Guidance]... 9.5.1 Work exclusion and return to work protocols for staff tested positive for COVID-19... 9.5.3 Staff refusals to authorize release of testing results or vaccination status to the [agency]... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.... It is hereby ordered, this 10th day of September, 2021.'

Enforcement: Licensure under 16 Del. C. ch. 11 and 16 DE Admin. Code 3345; 29 Del. C. § 10119

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 3345, Personal Assistance Services Agencies, §§ 9.4-9.5 (Sept. 10, 2021) (Ex. DE-055) Open the exhibit

Ex. DE-064

Governor's and DHSS's announcement, 'COVID-19 Vaccination and Testing Updates for Long-Term Care Facilities, Health Care Facilities, and State Employees'

Announcement that from Sept. 30, 2021 staff of DHCQ-regulated long-term care and health care facilities (including hospitals, hospice, home health agencies (aide only and skilled), personal assistance services agencies, adult day care, surgical centers, office-based surgery) and State of Delaware employees must provide proof of vaccination or undergo regular testing

Governor John C. Carney; Department of Health and Social Services; Department of Human Resources, Delaware (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Aug. 12, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR/WF health-facility and State workforces from Sept. 30, 2021; CB private employers urged to follow
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

'Governor Carney and the Delaware Department of Health and Social Services (DHSS) on Thursday announced that beginning on September 30, staff in long-term care and other health care facilities will be required to provide proof of vaccination or to undergo regular testing to prevent the transmission of COVID-19 to vulnerable populations.... The requirement also will be formalized by the end of this month and will cover the following entities regulated by the DHSS Division of Health Care Quality (DHCQ):... Acute and Outpatient Providers: Adult day cares; Free-standing birthing centers; Free-standing emergency departments; Free-standing surgical centers; Home health agencies: aide only (non-skilled); Skilled home health agencies; Hospitals (including psychiatric hospitals); Prescribed pediatric extended care centers; Hospice; Personal assistance service agencies; Office-based surgery....…

Enforcement: Through the DHSS emergency orders (DE-046, DE-047, DE-055 and parallels) and State personnel policy (DE-NR-4)

Citation: Governor John C. Carney; Department of Health and Social Services; Department of Human Resources, Governor's and DHSS's announcement, 'COVID-19 Vaccination and Testing Updates for Long-Term Care Facilities, Health Care Facilities, and State Employees' (Aug. 12, 2021) (Ex. DE-064) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. DE-027	Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027)	In force from July 1, 2020 to Nov. 6, 2020 (issued June 30, 2020)	Business closureCapacity limitSchools and child careAlcohol and barsCourts and public officesOther
Ex. DE-030	Governor John C. Carney, Twenty-Sixth Modification of the Declaration of a State of Emergency (Sept. 1, 2020) (Ex. DE-030)	In force from Sept. 2, 2020 to Sept. 4, 2020 (issued Sept. 1, 2020)	Gathering capFace-covering requirementEvents and venues
Ex. DE-065	Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus) (Mar. 9, 2020) (Ex. DE-065)	In force from Mar. 9, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. DE-001	Governor John C. Carney, Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (Mar. 12, 2020) (Ex. DE-001)	In force from Mar. 13, 2020 to July 13, 2021 (issued Mar. 12, 2020)	Emergency declaration
Ex. DE-009	Governor John C. Carney, Sixth Modification of the Declaration of a State of Emergency (Mar. 24, 2020) (Ex. DE-009)	In force from Mar. 25, 2020 to July 1, 2020 (issued Mar. 24, 2020)	Courts and public officesWorkplace rulesOther
Ex. DE-015	Governor John C. Carney, Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. B (Ex. DE-015)	In force from Apr. 15, 2020 to July 13, 2021	Health care ordersCourts and public officesQuarantine and isolation
Ex. DE-016	Governor John C. Carney, Twelfth Modification of the Declaration of a State of Emergency (Apr. 23, 2020) (Ex. DE-016)	In force from Apr. 23, 2020 to July 13, 2021	Health care orders
Ex. DE-029	Governor John C. Carney, Twenty-Fifth Modification of the Declaration of a State of Emergency (Aug. 26, 2020) (Ex. DE-029)	In force from Aug. 27, 2020 to Sept. 4, 2020 (issued Aug. 26, 2020)	Face-covering requirementSchools and child careWorkplace rules
Ex. DE-038	Governor John C. Carney, Twenty-Ninth Modification of the Declaration of a State of Emergency (May 18, 2021) (Ex. DE-038)	In force from May 21, 2021 to July 13, 2021 (issued May 18, 2021)	Face-covering requirementSchools and child careHealth care ordersEvents and venuesCourts and public officesWorkplace rulesQuarantine and isolationOther
Ex. DE-053	Governor John C. Carney, Sixteenth Extension of the Declaration of a State of Emergency (June 13, 2021) (Ex. DE-053)	In force from June 13, 2021 to July 13, 2021	Emergency declaration
Ex. DE-039	Governor John C. Carney, First Revision of the Twenty-Ninth Modification of the Declaration of a State of Emergency (June 15, 2021) (Ex. DE-039)	In force from June 15, 2021 to July 13, 2021	Face-covering requirementSchools and child care

Agencies, boards and authorities: Delaware

Ex. AGY-ST-COURTS-042

Memorandum Regarding Jury Trial Proceedings in the Court of Common Pleas in New Castle County

Protocols for the resumption of jury trials from August 2021: one trial day per week in August-September 2021, two in October; Zoom case reviews; calendar caps of 40 cases; protective measures

Court of Common Pleas for the State of Delaware (New Castle County), Court of Common Pleas of the State of Delaware, New Castle County (Court)

Dates: In force from July 23, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Capacity limitCourts and public offices
Functions reached: CT courts and agencies (Q3 2021 restricted trial calendars)
Grade: Primary source read
Days in this quarter: 70 (in force on the last day)

A. Jury Trials in August and September 2021. Jury Trials will be scheduled on Wednesdays, with the Final Jury Trial Case Review occurring the Thursday before trial, and the Final Pretrial Teleconference occurring the Monday before trial. B. Jury Trials in October 2021. Jury Trials will be scheduled on Wednesdays and Thursdays.... D. Calendar Size. Jury Trial, Final Jury Trial Case Review, and Final Pretrial Teleconference calendars shall not exceed 40 cases per calendar.

Enforcement: Court's scheduling authority

Citation: Court of Common Pleas for the State of Delaware (New Castle County), Memorandum Regarding Jury Trial Proceedings in the Court of Common Pleas in New Castle County (July 23, 2021) (Ex. AGY-ST-COURTS-042) Open the exhibit

Ex. AGY-ST-COURTS-040

Release: Delaware Courts to lift judicial emergency on July 13, 2021 and lift mask mandate for the fully vaccinated on July 1, 2021

Release announcing the sixteenth and final extension (to July 13, 2021), the end of the mask mandate for fully vaccinated persons on July 1, 2021 (unvaccinated persons still required to mask), 100 percent staffing from July 6, 2021, and continued distancing and plexiglass

Delaware Judiciary, for Chief Justice Seitz, Delaware Judiciary (statewide) (Court)

Dates: In force from July 1, 2021 to July 13, 2021 (issued June 29, 2021)
Quarters: 2021 Q3
Limitations: Emergency declarationFace-covering requirementCourts and public offices
Functions reached: CT courts and agencies (Q3 2021 status: emergency to July 13; masks for unvaccinated; distancing)
Grade: Primary source read
Days in this quarter: 13 (in force on the first day)

The order, which is the 16th such extension of the Judicial Emergency since it was first declared by the Chief Justice on March 16, 2020, will lift the state of emergency on July 13, 2021 and restore normal court rules and procedures including amended speedy trial guidelines... Those who are not yet fully vaccinated or are immunocompromised must continue to wear masks in Delaware Court facilities.... other COVID-19 precautions will remain in place for now, including social distancing and the use of plexiglass shields

Enforcement: n/a (release); the order is AO No. 22 (Ex. AGY-ST-COURTS-061)

Citation: Delaware Judiciary, for Chief Justice Seitz, Release: Delaware Courts to lift judicial emergency on July 13, 2021 and lift mask mandate for the fully vaccinated on July 1, 2021 (June 29, 2021) (Ex. AGY-ST-COURTS-040) Open the exhibit

Ex. AGY-ST-COURTS-061

Administrative Order No. 22 (extension of the judicial emergency until 8:00 a.m. July 13, 2021)

Sixteenth and final extension: judicial emergency continued to 8:00 a.m. July 13, 2021; audiovisual proceedings and tolling of the Speedy Trial Guidelines continued to that date; recital of the entire chain of monthly extensions from April 14, 2020

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from July 2, 2021 to July 13, 2021 (issued June 29, 2021)
Quarters: 2021 Q3
Limitations: Emergency declarationCourts and public offices
Functions reached: CT courts and agencies (Q3 2021: emergency in force July 1-13, 2021)
Grade: Primary source read
Days in this quarter: 12

(1) Under the authority of 10 Del. C. § 2004, the judicial emergency for all State courts and their facilities in Delaware is extended until 8:00 a.m. [July 13, 2021]... (2) Until the expiration of the judicial emergency on July 13, 2021, all courts in the State are authorized, to the greatest extent possible under 10 Del. C. § 2008, to continue to utilize audiovisual devices at their facilities and remotely to conduct proceedings (except for jury trials). (3) Until the expiration of the judicial emergency on July 13, 2021, all time [requirements under the Speedy Trial Guidelines are tolled]

Enforcement: 10 Del. C. §§ 2004-2009

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 22 (extension of the judicial emergency until 8:00 a.m. July 13, 2021) (June 29, 2021) (Ex. AGY-ST-COURTS-061) Open the exhibit

Ex. AGY-ST-COURTS-041

Release: Delaware Courts to restore mask mandate on Monday, August 16, 2021 to combat the COVID-19 Delta variant; Chief Justice also orders mandatory weekly COVID testing for all unvaccinated court employees

Release announcing universal masking in all State court facilities from Aug. 16, 2021 and weekly testing of unvaccinated judicial employees from Sept. 7, 2021

Delaware Judiciary, for Chief Justice Seitz ('as administrative head of all state courts'), Delaware Judiciary (statewide) (Court)

Dates: In force from Aug. 16, 2021; end: 120 days from Aug. 11, 2021 subject to review (per the order, Ex.… (issued Aug. 11, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementCourts and public officesVaccination or testing
Functions reached: CT courts and agencies (Q3 2021); WF workforce (employee testing mandate)
Grade: Primary source read
Days in this quarter: 46 (in force on the last day)

the Delaware Judicial Branch will be once again requiring masks at all State court facilities beginning on Monday, August 16, 2021. The administrative order signed today also mandates that beginning on September 7, 2021, any court employee who is not fully vaccinated against COVID-19 must undergo weekly COVID testing.... The mask order will apply to all visitors to state judicial facilities and all judicial branch employees.

Enforcement: n/a (release); the order is Ex. AGY-ST-COURTS-062

Citation: Delaware Judiciary, for Chief Justice Seitz ('as administrative head of all state courts'), Release: Delaware Courts to restore mask mandate on Monday, August 16, 2021 to combat the COVID-19 Delta variant; Chief Justice also orders mandatory weekly COVID testing for all unvaccinated court employees (Aug. 11, 2021) (Ex. AGY-ST-COURTS-041) Open the exhibit

Ex. AGY-ST-COURTS-062

Administrative Order of August 11, 2021 (universal masking in judicial facilities; weekly testing of unvaccinated judicial officers and employees)

Q3 2021 Delta-wave order: face masks for all persons entering any judicial facility regardless of vaccination status from Aug. 16, 2021; weekly COVID-19 testing for judicial officers and employees without proof of full vaccination from Sept. 7, 2021; 120-day term

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Supreme Court of the State of Delaware (statewide) (Court)

Dates: In force from Aug. 16, 2021 to Dec. 9, 2021 (issued Aug. 11, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementCourts and public officesVaccination or testing
Functions reached: CT courts and agencies (Q3 2021); WF workforce (test-or-vaccinate condition on judicial employment)
Grade: Primary source read
Days in this quarter: 46 (in force on the last day)

(1) Beginning on August 16, 2021, all persons entering any judicial facilities, regardless of their vaccination status, shall wear a face mask... at all times except when speaking in a courtroom.... (3) Beginning on September 7, 2021, all Judicial Officers and judicial [branch employees who have not provided proof of full] vaccination for COVID-19 must undergo weekly testing for COVID-19 and each week provide evidence of a negative test result.... (5) This order will shall remain in effect for 120 days, subject to review

Enforcement: Del. Const. art. IV, § 13; administrative order enforced through courthouse security and personnel rules

Citation: Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order of August 11, 2021 (universal masking in judicial facilities; weekly testing of unvaccinated judicial officers and employees) (Aug. 11, 2021) (Ex. AGY-ST-COURTS-062) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-041

Emergency Secretary's Order amending 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), Section 6.0 (25 DE Reg. 350 (Oct. 1, 2021))

Hospital Standards, Section 6.0 Infection Prevention and Control: COVID-19 testing of all staff, vendors and volunteers consistent with Division of Public Health guidance; policies on work exclusion, refusals to test or to release vaccination status; the State requirement that hospital staff 'either provide evidence of COVID-19 vaccination, or undergo regular testing'

Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services, Delaware - Department of Health and Social Services, Division of Health Care Quality (State health and human services agency) (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 10, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: IC infection control (staff, vendor and volunteer testing or vaccination); HR hiring (pre-start testing of all new staff); SC vendors (every vendor entering the hospital tested or vaccinated); OF policies and procedures; WF workforce
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

In addition, hospital staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19.... It is hereby ordered, that 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), specifically, Section 6.0 which expands the infection prevention and control program requirements, is temporarily modified as shown by underline as follows:... 6.4.1 Before their start date, all new staff, vendors and volunteers must be tested for COVID-19 in accordance with Delaware Division of Public Health Guidance. 6.4.2 All staff, vendors and volunteers must be tested for COVID-19 in a manner consistent with Division of Public Health Guidance.... 6.5 Hospitals shall amend their policies and procedures to include: 6.5.1 Work exclusion and return to work protocols for staff tested positive for COVID-19. 6.5.2 Staff refusals…

Enforcement: Hospital licensure sanctions under 16 Del. C. ch. 10; 16 Del. C. § 107 (violation of Title 16 regulations)

Citation: Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), Section 6.0 (25 DE Reg. 350 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-041) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-042

Emergency Secretary's Order amending 16 DE Admin. Code 4406 Home Health Agencies--Aide Only (Licensure) (25 DE Reg. 348 (Oct. 1, 2021))

Home Health Agencies (Aide Only): infection-control amendments adding COVID-19 testing of all staff consistent with Division of Public Health guidance and policies on refusals to test or to release vaccination status; staff to be vaccinated or regularly tested

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Aug. 10, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HC in-home visits (aide testing or vaccination as a condition of deployment); HR hiring and staffing; IC infection control; WF workforce
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

[home health agency staff must either provide evidence of COVID-19] vaccination, or undergo regular testing to prevent the transmission of COVID-19. While the state's requirements will offer employees the choice between getting vaccinated or getting tested, employers should encourage vaccination and federal guidance permits employers to require vaccinations. This emergency order adds language to the July amendment of Section [11.0]... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Home health agency licensure sanctions (16 Del. C. ch. 1, subch. II); 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4406 Home Health Agencies--Aide Only (Licensure) (25 DE Reg. 348 (Oct. 1, 2021)) (Aug. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-042) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-043

Emergency Secretary's Order amending 16 DE Admin. Code 4410 Skilled Home Health Agencies (Licensure) (25 DE Reg. 354 (Oct. 1, 2021))

Skilled Home Health Agencies: COVID-19 testing of all staff consistent with DPH guidance; vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 10, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HC in-home skilled visits; SN skilled nursing staffing; HR hiring; IC infection control; WF workforce
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

[skilled home health agency staff must either provide evidence of COVID-19] vaccination, or undergo regular testing to prevent the transmission of COVID-19.... This emergency order adds language to the July amendment of Section [...].... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4410 Skilled Home Health Agencies (Licensure) (25 DE Reg. 354 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-043) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-044

Emergency Secretary's Order amending 16 DE Admin. Code 4468 Delivery of Hospice Services, Section 7.0 (25 DE Reg. 357 (Oct. 1, 2021))

Hospice: COVID-19 testing of all staff, vendors and volunteers; vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 10, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HC hospice home and facility visits; VL volunteers; HR staffing; IC infection control
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

In addition, hospice staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19.... This emergency order adds language to the July amendment of Section 7.0.... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4468 Delivery of Hospice Services, Section 7.0 (25 DE Reg. 357 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-044) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-045

Emergency Secretary's Order amending 16 DE Admin. Code 3345 Personal Assistance Services Agencies, Section 9.0 (25 DE Reg. 339 (Oct. 1, 2021))

Personal Assistance Services Agencies: COVID-19 testing of all staff; vaccination-or-testing; 9.5.3 policies on staff refusals to release testing results or vaccination status

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 10, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HC in-home personal assistance visits; HR hiring and staffing (aides); IC infection control; WF workforce
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

[staff must either provide evidence of COVID-19] vaccination, or undergo regular testing to prevent the transmission of COVID-19. While the state's requirements will offer employees the choice between getting vaccinated or getting tested, employers should encourage vaccination... 9.5.3 Staff refusals to authorize release of testing results or vaccination status to the agency;... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3345 Personal Assistance Services Agencies, Section 9.0 (25 DE Reg. 339 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-045) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-046

Emergency Secretary's Order amending 16 DE Admin. Code 4402 Regulations for Adult Day Care Facilities, Section 16.0 (25 DE Reg. 341 (Oct. 1, 2021))

Adult Day Care Facilities: COVID-19 testing of staff; vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 10, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: RS day-program operations; HR staffing; IC infection control; WF workforce (family caregivers)
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

In addition, adult day care facility staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19.... This emergency order adds language to the July amendment of Section 16.0.... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4402 Regulations for Adult Day Care Facilities, Section 16.0 (25 DE Reg. 341 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-046) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-047

Emergency Secretary's Order amending 16 DE Admin. Code 4405 Free Standing Surgical Centers (25 DE Reg. 346 (Oct. 1, 2021))

Free Standing Surgical Centers: infection prevention and control requirements for COVID-19; staff vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 8, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: SX surgery and procedures; HR staffing; IC infection control; WF workforce
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

[staff must either provide evidence of COVID-19] vaccination, or undergo regular testing to prevent the transmission of COVID-19.... It is hereby ordered, that 16 DE Admin. Code 4405 Free Standing Surgical Centers, specifically, [the infection prevention and control section, is temporarily modified]... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4405 Free Standing Surgical Centers (25 DE Reg. 346 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-047) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-048

Emergency Secretary's Order amending 16 DE Admin. Code 3330 Regulations Governing Dialysis Centers (25 DE Reg. 333 (Oct. 1, 2021))

Dialysis Centers: infection prevention and control requirements for COVID-19; staff vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 8, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: OC outpatient clinical operations (dialysis); HR staffing; IC infection control; WF workforce
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

In addition, dialysis center staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19. While the state's requirements will offer employees the choice between getting vaccinated or getting tested, employers should encourage vaccination and federal guidance permits employers to require vaccinations.... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3330 Regulations Governing Dialysis Centers (25 DE Reg. 333 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-048) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-049

Emergency Secretary's Order amending 16 DE Admin. Code 3335 Office-Based Surgery (25 DE Reg. 335 (Oct. 1, 2021))

Office-Based Surgery: infection prevention and control requirements for COVID-19; staff vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 8, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: PR procedures in physician and dental offices; HR staffing; IC infection control; WF workforce
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

In addition, office-based surgery staff must either provide evidence of COVID-19 vaccination, or undergo regular testing to prevent the transmission of COVID-19.... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Certification sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3335 Office-Based Surgery (25 DE Reg. 335 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-049) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-050

Emergency Secretary's Order amending 16 DE Admin. Code 3340 Free Standing Emergency Departments (25 DE Reg. 337 (Oct. 1, 2021))

Free Standing Emergency Departments: infection prevention and control requirements for COVID-19; staff vaccination-or-testing; policies on refusals

Molly K. Magarik, Cabinet Secretary, DHSS, Delaware - Department of Health and Social Services, Division of Health Care Quality (State)

Dates: In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Sept. 8, 2021)
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: ED emergency department operations; HR staffing; IC infection control; WF workforce
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

[staff must either provide evidence of COVID-19] vaccination, or undergo regular testing to prevent the transmission of COVID-19.... This Emergency Order shall take effect on September 30, 2021 and shall remain in effect for 120 days.

Enforcement: Licensure sanctions; 16 Del. C. § 107

Citation: Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3340 Free Standing Emergency Departments (25 DE Reg. 337 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-050) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-COURTS-021	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021)	In force from Mar. 16, 2020 to July 13, 2021 (issued Mar. 13, 2020)	Emergency declarationGathering capCourts and public offices
Ex. AGY-ST-COURTS-029	Delaware Judiciary, for Chief Justice Seitz, Release: Delaware Courts move to Phase 3 of reopening plan, restart jury trials June 1; Chief Justice extends judicial emergency to July 2, 2021 (May 26, 2021) (Ex. AGY-ST-COURTS-029)	In force from June 1, 2021 to July 2, 2021 (issued May 26, 2021)	Emergency declarationCapacity limitFace-covering requirementCourts and public offices
Ex. AGY-ST-COURTS-060	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 21 (extension of the judicial emergency effective June 3, 2021; Phase 3 from June 1, 2021) (May 26, 2021) (Ex. AGY-ST-COURTS-060)	In force from June 3, 2021 to June 29, 2021 (issued May 26, 2021)	Emergency declarationCapacity limitFace-covering requirementCourts and public offices
Ex. AGY-ST-COURTS-030	Superior Court of the State of Delaware, Administrative Order 2020-1, In re: Filing Regarding Compliance with the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act') (July 21, 2020) (Ex. AGY-ST-COURTS-030)	In force from July 21, 2020 to Sept. 30, 2021	Courts and public officesOther

Third quarter of 2021: the instruments in force, State of Delaware

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):

DE-038
DE-039
DE-053
DE-061
DE-062
DE-063
DE-040
DE-041
DE-042
DE-043
DE-048
DE-044
DE-045
DE-066
DE-064
DE-046
DE-047
DE-055
DE-NR-4
federal layer: CDC conveyance mask order 86 Fed. Reg. 8025 and TSA SD 1582/84-21-01 series; OSHA Healthcare ETS 29 C.F.R. § 1910.502 from June 21, 2021; CDC eviction moratorium to Aug. 26, 2021 (Federal files)

5. Standing duties in Delaware

Delaware bound every person and every business to the pandemic measures through four standing layers of law that existed before March 2020 and remained in force through September 30, 2021. First, the Emergency Management Act, 20 Del. C. ch. 31, provides that every emergency order of the Governor 'shall have the force and effect of law' (section 3115(b); section 3121(b)), commands State and local law-enforcement authorities to enforce those orders (section 3122), and makes violation of the chapter or of an emergency order a criminal offense punishable by a fine of $50 to $500 or imprisonment up to six months for each violation (section 3125); every Modification of the Delaware Declaration recited exactly these sections. Second, the public-health-emergency subchapter (sections 3131-3147) and the communicable-disease statutes (16 Del. C. sections 122 and 505) give the Department of Health and Social Services 'supreme authority in matters of quarantine,' require regulations to 'prevent and control the spread of all diseases that are dangerous to the public health,' give those regulations 'the force and effect of law' (16 Del. C. section 126(a)), bind persons under isolation or quarantine to 'obey' the authority's rules and orders, and punish violation of any DHSS regulation or order with a fine of $100 to $1,000 (16 Del. C. section 107(a)). Third, the standing regulations, 16 DE Admin. Code 4202 (Control of Communicable and Other Disease Conditions, as adopted February 1, 2020) and 4458 (the Delaware Food Code), imposed quarantine, isolation, exclusion and sanitation duties on persons, institutions and food establishments. Fourth, the workplace duty: Delaware is a federal-OSHA State, so the general duty clause of 29 U.S.C. section 654(a)(1) bound every Delaware employer directly, and 19 Del. C. sections 106-107 give the Delaware Department of Labor rulemaking power over 'industrial or occupational diseases in every employment or place of employment' and a right of entry that 'no employer or owner shall refuse.' Delaware enacted no COVID-19 liability shield for businesses; the only immunities (20 Del. C. sections 3129 and 3144; 10 Del. C. sections 4001-4002 as extended by the orders) cover the State, its contractors, qualified medical personnel and persons rendering assistance at the State's request, so the standard of care for a business remained the general law, into which the orders' protocols entered as law. The orders themselves made continued operation conditional: an Essential Business 'shall follow the coronavirus guidelines for public safety enumerated by the CDC and DPH' on pain of 'immediate closure' (Ex. DE-005 paragraph 5); a business admitting customers 'shall also comply' with occupancy, spacing and sanitation rules (Ex. DE-012 paragraph 2); a reopened business 'must comply with' the Reopen Plan 'or other applicable DPH guidance' (Exs. DE-025 paragraph 1, DE-031 section N.1); and the Public Health Authority was authorized to inspect, close and penalize non-compliant businesses (Ex. DE-031 section A.5), which it did (Exs. DUT-DE-011, DUT-DE-014). Recommendations are recorded as recommendations: 'strongly encouraged' (face coverings for the exempt), 'encouraged' (telework in Phase 2), 'should' (sick-leave policies following CDC and DPH guidance).

The State's standing duties

Ex. DUT-DE-001

20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response)

Delaware Code, Title 20, Chapter 31, Subchapter III: The Governor and Emergency Management

Delaware General Assembly (codified statute), Delaware (State)

Dates: Standing (in force throughout 2020 and 2021)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStay-at-homeBusiness closureCurfew and hoursStanding duty
Character: statutory authority
Grade: Primary source read

In performing the duties of the Governor under this chapter, the Governor may issue, amend and rescind all necessary executive orders, emergency orders, proclamations and regulations, which shall have the force and effect of law.

Enforcement: 20 Del. C. § 3125: fine of $50 to $500 or imprisonment up to 6 months for each violation of the chapter or of an emergency order (Ex. DUT-DE-002)

Citation: Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001) Open the exhibit

Ex. DUT-DE-002

20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability)

Delaware Code, Title 20, Chapter 31, Subchapter IV: Miscellaneous Provisions

Delaware General Assembly (codified statute), Delaware (State)

Dates: Standing (in force throughout 2020 and 2021)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStanding duty
Character: order penalty
Grade: Primary source read

Except where specified penalties are prescribed in this chapter, whoever violates this chapter or an emergency order issued pursuant to this chapter may be fined not less than $50 nor more than $500 or imprisoned up to 6 months for each violation.

Enforcement: fine of $50 to $500 or imprisonment up to 6 months for each violation (§ 3125); enforcement by every State and local law-enforcement authority (§ 3122)

Citation: Delaware General Assembly (codified statute), 20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability) (standing) (Ex. DUT-DE-002) Open the exhibit

Ex. DUT-DE-003

20 Del. C. §§ 3131-3147 (Public Health Emergencies: definitions; isolation and quarantine; vaccination and treatment; rules and regulations; liability)

Delaware Code, Title 20, Chapter 31, Subchapter V: Public Health Emergencies

Delaware General Assembly (codified statute; enacted by 73 Del. Laws, c. 355 (2002)), Delaware (State)

Dates: Standing (in force throughout 2020 and 2021; the Governor declared Public Health Emergencies under this subchapter on Mar. 23, 2020 (Ex. DE-007) and July 12, 2021 (Ex. DE-041))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care ordersQuarantine and isolationStanding duty
Character: statutory duty
Grade: Primary source read

A person subject to isolation or quarantine shall obey the public safety authority's rules and orders, shall not go beyond the isolation or quarantine premises, and shall not put oneself in contact with any person not subject to isolation or quarantine

Enforcement: fines and penalties, orders and other remedies provided by law (§ 3143); Superior Court isolation and quarantine orders (§ 3136(5)); § 3125 for violation of any emergency order

Citation: Delaware General Assembly (codified statute; enacted by 73 Del. Laws, c. 355 (2002)), 20 Del. C. §§ 3131-3147 (Public Health Emergencies: definitions; isolation and quarantine; vaccination and treatment; rules and regulations; liability) (standing) (Ex. DUT-DE-003) Open the exhibit

Ex. DUT-DE-004

16 Del. C. §§ 501-510 (Report of contagious diseases; Notifiable diseases; Communicable diseases; regulations; quarantine; Due process rights of quarantined individuals; Tracking of potential or existing public health emergencies)

Delaware Code, Title 16, Chapter 5, Subchapter I: General Guidelines

Delaware General Assembly (codified statute), Delaware (State)

Dates: Standing (in force throughout 2020 and 2021)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Schools and child careHealth care ordersQuarantine and isolationStanding duty
Character: statutory authority
Grade: Primary source read

may at any time declare certain diseases to be communicable and may by regulation lay down the procedure which is to be followed by the patient or person suffering therefrom, the parents of the patient, the householder, by the physician attending on the patient or any individual brought into contact with or responsible for the care or maintenance of the patient

Enforcement: 16 Del. C. § 107(a): fine of $100 to $1,000 for violating any duly adopted regulation or order of the Department (Ex. DUT-DE-006); § 501 cross-refers to § 107

Citation: Delaware General Assembly (codified statute), 16 Del. C. §§ 501-510 (Report of contagious diseases; Notifiable diseases; Communicable diseases; regulations; quarantine; Due process rights of quarantined individuals; Tracking of potential or existing public health emergencies) (standing) (Ex. DUT-DE-004) Open the exhibit

Ex. DUT-DE-005

16 Del. C. §§ 121-129 (Powers and duties of the Department; Effect of regulations and orders; Duty of enforcement; Abatement of nuisances; Threatened epidemics)

Delaware Code, Title 16, Chapter 1, Subchapter II: Powers and Duties of the Department of Health and Social Services

Delaware General Assembly (codified statute), Delaware (State)

Dates: Standing (in force throughout 2020 and 2021)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureQuarantine and isolationStanding dutyOther
Character: sanitary code duty
Grade: Primary source read

Adopt, promulgate, amend, and repeal regulations consistent with law... which shall be enforced by all state and local public health officials, to do all of the following: a. Prevent and control the spread of all diseases that are dangerous to the public health; b. Prevent and control nuisances which are or may be detrimental to the public health

Enforcement: 16 Del. C. § 107(a): fine of $100 to $1,000 per violation of a Department regulation or order (Ex. DUT-DE-006); § 127(b): fine on any officer who fails to enforce

Citation: Delaware General Assembly (codified statute), 16 Del. C. §§ 121-129 (Powers and duties of the Department; Effect of regulations and orders; Duty of enforcement; Abatement of nuisances; Threatened epidemics) (standing) (Ex. DUT-DE-005) Open the exhibit

Ex. DUT-DE-006

16 Del. C. §§ 101-111 (Prosecutions and proceedings for violations; Neglect of duty; penalty; Jurisdiction of offenses)

Delaware Code, Title 16, Chapter 1, Subchapter I: General Provisions

Delaware General Assembly (codified statute), Delaware (State)

Dates: Standing (in force throughout 2020 and 2021)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

Whoever refuses, fails or neglects to perform the duties required under this chapter, or violates, neglects or fails to comply with the duly adopted regulations or orders of the Department of Health and Social Services, shall be fined not less than $100 and not more than $1000, together with costs, unless otherwise provided by law.

Enforcement: fine of $100 to $1,000 together with costs per violation (§ 107(a))

Citation: Delaware General Assembly (codified statute), 16 Del. C. §§ 101-111 (Prosecutions and proceedings for violations; Neglect of duty; penalty; Jurisdiction of offenses) (standing) (Ex. DUT-DE-006) Open the exhibit

Ex. DUT-DE-007

16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions (current codification, with amendment history)

16 DE Admin. Code 4202: Control of Communicable and Other Disease Conditions

Department of Health and Social Services, Division of Public Health (regulation), Delaware (State)

Dates: Standing (in force throughout 2020 and 2021 (the Feb. 1, 2020 text, Ex. DUT-DE-019, governed from Feb. 11, 2020; the Feb. 1, 2021 amendment governed from that date))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Schools and child careHealth care ordersQuarantine and isolationStanding duty
Character: sanitary code duty
Grade: Primary source read

A person subject to isolation or quarantine shall obey the Division's rules and orders, shall not go beyond the isolation or quarantine premises, and shall not put themselves in contact with any person not subject to isolation or quarantine

Enforcement: 16 Del. C. § 107(a): fine of $100 to $1,000 per violation of a DHSS regulation (Ex. DUT-DE-006); enforcement by all State and local officers under 16 Del. C. § 127(a) (Ex. DUT-DE-005)

Citation: Department of Health and Social Services, Division of Public Health (regulation), 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions (current codification, with amendment history) (standing) (Ex. DUT-DE-007) Open the exhibit

Ex. DUT-DE-008

16 DE Admin. Code 4458, State of Delaware Food Code (effective Aug. 11, 2020; adopting the U.S. Public Health Service 2017 Food Code with Delaware amendments)

16 DE Admin. Code 4458: State of Delaware Food Code Regulations

Department of Health and Social Services, Division of Public Health, Office of Food Protection (regulation), Delaware (State)

Dates: Standing (2020-08-11 (prior issue in force before that date))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding dutyOperating condition
Character: sanitary code duty
Grade: Primary source read

The State of Delaware Food Code shall be effective August 11, 2020.... 2.1 The State of Delaware Food Code adopts, as if fully set forth herein, the United States Public Health Service 2017 Food Code

Enforcement: permit suspension and closure under the adopted Food Code; 16 Del. C. § 107(a) fine of $100 to $1,000 per violation (Ex. DUT-DE-006)

Citation: Department of Health and Social Services, Division of Public Health, Office of Food Protection (regulation), 16 DE Admin. Code 4458, State of Delaware Food Code (effective Aug. 11, 2020; adopting the U.S. Public Health Service 2017 Food Code with Delaware amendments) (standing) (Ex. DUT-DE-008) Open the exhibit

Ex. DUT-DE-009

Delaware's Reopening, Phase 2 (June 15, 2020): General Guidance for Individuals and Businesses and Industry Guidance

Delaware's Reopening: Phase 2, June 15, 2020 (Governor John Carney; de.gov/economy)

Governor John C. Carney (Office of the Governor, with the Division of Small Business and the Division of Public Health), Delaware (State)

Dates: Standing (2020-06-15 8:00 a.m. (with the Twenty-First Modification))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Telework mandateCapacity limitFace-covering requirementWorkplace rulesOperating condition
Character: guidance incorporated
Grade: Primary source read

Businesses are responsible to follow the Responsibilities for all Businesses, set forth in the State of Emergency Order.... Employees who are symptomatic must not physically return to work until cleared by DPH.... Employers are encouraged to continue teleworking.

Enforcement: violation of the incorporating Modification: criminal offense under 20 Del. C. § 3125 (recited in Ex. DE-025 ¶ 8); DPH inspection, closure, occupancy restrictions and administrative penalties (Ex. DE-031 § A.5; Exs. DUT-DE-011, DUT-DE-014)

Citation: Governor John C. Carney (Office of the Governor, with the Division of Small Business and the Division of Public Health), Delaware's Reopening, Phase 2 (June 15, 2020): General Guidance for Individuals and Businesses and Industry Guidance (Ex. DUT-DE-009) Open the exhibit

Ex. DUT-DE-010

Division of Small Business, COVID-19 posters for businesses (required signage pack: face covering, social distancing, hand hygiene)

DSB COVID-19 Posters (business signage required by the Phase 1 and Phase 2 Responsibilities of all Businesses)

Delaware Division of Small Business, Delaware (State)

Dates: Standing (2020-06-01 (Phase 1))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesOperating condition
Character: guidance incorporated
Grade: Confirmed from a secondary source

Enforcement: as for the incorporating Modification (20 Del. C. § 3125; DPH administrative penalties)

Citation: Delaware Division of Small Business, Division of Small Business, COVID-19 posters for businesses (required signage pack: face covering, social distancing, hand hygiene) (May 31, 2020) (Ex. DUT-DE-010) Open the exhibit

Ex. DUT-DE-011

DPH Enforcement Actions: COVID-19 Enforcement Actions (administrative penalty letters and cease-and-desist notices to businesses, Aug.-Dec. 2020)

DPH Enforcement Actions - COVID-19 Enforcement Actions (Delaware Health and Social Services)

Department of Health and Social Services, Division of Public Health (Public Health Authority), Delaware (State)

Dates: Standing (2020-08-14 (first listed action))
Quarters: 2020 Q32020 Q4
Limitations: Capacity limitFace-covering requirementWorkplace rulesOperating condition
Character: order penalty
Grade: Primary source read

COVID-19 Enforcement Actions... 12/10/2020 - Public Health Issues Administrative Penalty to Allison's CardSmart in Milford... 10/13/2020 - Public Health Issues Administrative Penalty to Atlantic Sands Hotel in Rehoboth... 09/04/2020 - Public Health Issues Administrative Penalty to Drop Squad in Wilmington

Enforcement: administrative penalty letters; cease and desist; closure pending a DPH-approved reopening plan

Citation: Department of Health and Social Services, Division of Public Health (Public Health Authority), DPH Enforcement Actions: COVID-19 Enforcement Actions (administrative penalty letters and cease-and-desist notices to businesses, Aug.-Dec. 2020) (Dec. 22, 2020) (Ex. DUT-DE-011) Open the exhibit

Ex. DUT-DE-012

Opinion, In re COVID-Related Restrictions on Religious Services, No. 354, 2023 (Del. Aug. 1, 2024) (affirming the Court of Chancery, C.A. No. 2021-1036, and the Superior Court, C.A. No. N23C-01-123)

In re COVID-Related Restrictions on Religious Services (Del. Aug. 1, 2024)

Supreme Court of Delaware (Seitz, C.J.; Valihura, Traynor, LeGrow and Griffiths, JJ., en banc), Delaware (Court)

Dates: Standing (2024-08-01)
Limitations: Business closureGathering capStanding duty
Character: adjudication
Grade: Primary source read

The Fourth Modification stated that it had "the force and effect of law," and that "[a]ny failure to comply with [its] provisions... constitutes a criminal offense."

Enforcement: criminal offense under 20 Del. C. § 3125 (as recited in the orders and in the opinion)

Citation: Supreme Court of Delaware (Seitz, C.J.; Valihura, Traynor, LeGrow and Griffiths, JJ., en banc), Opinion, In re COVID-Related Restrictions on Religious Services, No. 354, 2023 (Del. Aug. 1, 2024) (affirming the Court of Chancery, C.A. No. 2021-1036, and the Superior Court, C.A. No. N23C-01-123) (standing) (Ex. DUT-DE-012) Open the exhibit

Ex. DUT-DE-013

19 Del. C. §§ 105-107 (Powers and duties of the Department of Labor; Rules relating to accidents and industrial diseases; Inspection of records; duty to furnish information)

Delaware Code, Title 19, Chapter 1: Department of Labor

Delaware General Assembly (codified statute), Delaware (State)

Dates: Standing (in force throughout 2020 and 2021)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: workplace duty
Grade: Primary source read

The Department may make, modify and repeal rules for the prevention of accidents or of industrial or occupational diseases in every employment or place of employment or such rules for the construction, repair and maintenance of places of employment as shall render them safe. Such rules when made shall have the force and effect of law and shall be enforced in the same manner as this chapter.

Enforcement: 19 Del. C. § 107(b): penalty for hindering the Department or refusing admission (text in the exhibit)

Citation: Delaware General Assembly (codified statute), 19 Del. C. §§ 105-107 (Powers and duties of the Department of Labor; Rules relating to accidents and industrial diseases; Inspection of records; duty to furnish information) (standing) (Ex. DUT-DE-013) Open the exhibit

Ex. DUT-DE-014

Release, 'Governor Carney Announces Additional COVID-19 Restrictions to Confront Winter Surge' (Dec. 10, 2020), announcing the zero-tolerance enforcement policy for businesses effective Dec. 14, 2020

Governor Carney Announces Additional COVID-19 Restrictions to Confront Winter Surge (State of Delaware News, Dec. 10, 2020)

Governor John C. Carney and the Delaware Division of Public Health (Office of the Governor release), Delaware (State)

Dates: Standing (2020-12-14 (with the Fourth Revision, Ex. DE-033))
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Stay-at-homeCapacity limitFace-covering requirementCurfew and hoursOperating condition
Character: agency position statement
Grade: Primary source read

Governor Carney and the Delaware Division of Public Health (DPH) also on Thursday announced a zero-tolerance enforcement policy for businesses during the Stay-at-Home advisory. A first violation of COVID-19 restrictions will result in an immediate civil fine. A second violation will result in closure, until the establishment submits a reopening plan approved by DPH.

Enforcement: immediate civil fine (first violation); closure until a DPH-approved reopening plan (second violation)

Citation: Governor John C. Carney and the Delaware Division of Public Health (Office of the Governor release), Release, 'Governor Carney Announces Additional COVID-19 Restrictions to Confront Winter Surge' (Dec. 10, 2020), announcing the zero-tolerance enforcement policy for businesses effective Dec. 14, 2020 (Ex. DUT-DE-014) Open the exhibit

Ex. DUT-DE-015

Phase 1: June 1 - June 14, 2020 (State reopening page restating the Phase 1 Reopen Plan guidance for businesses, the May 1, 2020 face-covering duties of businesses, and the employer exposure-control plan guidance)

Phase 1: June 1 - June 14, 2020 - Delaware's Coronavirus Official Website

State of Delaware (coronavirus.delaware.gov, the State's official COVID-19 site; Division of Small Business and Division of Public Health guidance), Delaware (State)

Dates: Standing (2020-06-01 8:00 a.m. (Phase 1); the face-covering duties from 2020-05-01 8:00 a.m.)
Quarters: 2020 Q2
Limitations: Capacity limitFace-covering requirementWorkplace rulesOperating condition
Character: guidance incorporated
Grade: Primary source read

Effective 8:00 a.m. on Friday, May 1, businesses must: Require employees to wear a face covering while working in areas open to the public and in areas where coming within 6 feet of other staff is likely. Provide, at the business' expense, face coverings and hand sanitizer for their employees. Deny entry to individuals who do not have a face covering

Enforcement: as for the incorporating Modification (20 Del. C. § 3125, recited in Ex. DE-024 ¶ 4; DPH enforcement)

Citation: State of Delaware (coronavirus.delaware.gov, the State's official COVID-19 site; Division of Small Business and Division of Public Health guidance), Phase 1: June 1 - June 14, 2020 (State reopening page restating the Phase 1 Reopen Plan guidance for businesses, the May 1, 2020 face-covering duties of businesses, and the employer exposure-control plan guidance) (June 1, 2020) (Ex. DUT-DE-015) Open the exhibit

Ex. DUT-DE-016

Phase 2: June 15, 2020 (State reopening page restating the 'Phase 2 Responsibilities of all Businesses' and linking the Phase 2 General Guidance, industry guidance and DPH food-establishment requirements)

Phase 2: June 15, 2020 - Delaware's Coronavirus Official Website (as captured July 1, 2020)

State of Delaware (coronavirus.delaware.gov; Division of Small Business and Division of Public Health guidance), Delaware (State)

Dates: Standing (2020-06-15 8:00 a.m.)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitGathering capFace-covering requirementWorkplace rulesOperating condition
Character: guidance incorporated
Grade: Primary source read

Phase 2 Responsibilities of all Businesses: in addition to the industry-specific guidance issued to businesses in the Phase 2 Reopen Plan... a. All employees, patrons, and visitors must wear cloth face coverings in accordance with the Thirteenth Modification... b. Businesses must monitor patrons and visitors entering a business, in lines, and ensure social distancing

Enforcement: as for the incorporating Modification (20 Del. C. § 3125, recited in Ex. DE-025 ¶ 8; DPH inspection, closure and administrative penalties, Ex. DE-031 § A.5)

Citation: State of Delaware (coronavirus.delaware.gov; Division of Small Business and Division of Public Health guidance), Phase 2: June 15, 2020 (State reopening page restating the 'Phase 2 Responsibilities of all Businesses' and linking the Phase 2 General Guidance, industry guidance and DPH food-establishment requirements) (Ex. DUT-DE-016) Open the exhibit

Ex. DUT-DE-017

Reopening Phase II Requirements for Food Establishments (Revised 6.15.2020)

DPH, Reopening Phase II Requirements for Food Establishments (Revised June 15, 2020)

Division of Public Health, Office of Food Protection (Department of Health and Social Services), Delaware (State)

Dates: Standing (2020-06-15 8:00 a.m.)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Capacity limitFace-covering requirementWorkplace rulesOperating condition
Character: guidance incorporated
Grade: Primary source read

6. Must ensure the total number of guests within a facility never exceeds 60% of the Delaware Fire Code Occupancy.... 13. Must adhere to all Food Code regulations... 14. Every restaurant is expected to have its own reopening plan and must follow DPH guidance

Enforcement: Food Code permit actions; DPH administrative penalties and closure (Ex. DUT-DE-011); 20 Del. C. § 3125 through the incorporating Modification

Citation: Division of Public Health, Office of Food Protection (Department of Health and Social Services), Reopening Phase II Requirements for Food Establishments (Revised 6.15.2020) (June 15, 2020) (Ex. DUT-DE-017) Open the exhibit

Ex. DUT-DE-018

29 U.S.C. § 654(a)(1) (general duty clause) and (a)(2), (b)

29 U.S.C. § 654: Duties of employers and employees

United States Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596), United States (applies directly in Delaware, a federal-OSHA State with no approved State plan) (Federal)

Dates: Standing (1971-04-28)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: workplace duty
Grade: Primary source read

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

Enforcement: 29 U.S.C. § 666 civil and criminal penalties; OSHA citations (e.g., Exs. AGY-FED-LABOR-IMMIGRATION-031, -032, -095)

Citation: United States Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596), 29 U.S.C. § 654(a)(1) (general duty clause) and (a)(2), (b) (standing) (Ex. DUT-DE-018) Open the exhibit

Ex. DUT-DE-019

Final Order, 23 DE Reg. 665 (Feb. 1, 2020), adopting the amended 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions, with the full regulation text as adopted

Delaware Register of Regulations, 23 DE Reg. 665 (Feb. 1, 2020): Final Order, 4202 Control of Communicable and Other Disease Conditions

Secretary of Health and Social Services (Kara Odom Walker, M.D.) and the Division of Public Health (final order adopting amended regulation), Delaware (State)

Dates: Standing (2020-02-11 ('ten days after publication of the final regulation in the Delaware Register of Regulations'))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Schools and child careHealth care ordersQuarantine and isolationStanding duty
Character: sanitary code duty
Grade: Primary source read

IT IS ORDERED, that the proposed State of Delaware Regulations Governing Control of Communicable and Other Disease Conditions is adopted and shall become effective February 11, 2020... 6.6.1 A person subject to isolation or quarantine shall obey the Division's rules and orders, shall not go beyond the isolation or quarantine premises

Enforcement: 16 Del. C. § 107(a): fine of $100 to $1,000 per violation of a DHSS regulation (Ex. DUT-DE-006); enforcement by all officers under 16 Del. C. § 127(a) (Ex. DUT-DE-005)

Citation: Secretary of Health and Social Services (Kara Odom Walker, M.D.) and the Division of Public Health (final order adopting amended regulation), Final Order, 23 DE Reg. 665 (Feb. 1, 2020), adopting the amended 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions, with the full regulation text as adopted (standing) (Ex. DUT-DE-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 Delaware 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 273 instruments in force for this selection: 34 instruments from the State of Delaware (Governor John C. Carney, Fifth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-006); Governor John C. Carney, First Modification of the Declaration of a State of Emergency (Mar. 16, 2020) (Ex. DE-002); Governor John C. Carney, Governor's release announcing the First Modification of the Declaration of a State of Emergency (Mar. 16, 2020) (Ex. DE-070); and 31 more), 18 instruments from the agencies, boards and authorities of Delaware (Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048); Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 2 Concerning COVID-19 Precautionary Measures (Mar. 15, 2020) (Ex. AGY-ST-COURTS-015); Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021); and 15 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 42 standing duties (Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001); Delaware General Assembly (codified statute), 20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability) (standing) (Ex. DUT-DE-002); and 40 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 courts and agencies (Ex. AGY-ST-COURTS-048); SV servicing and collections (Ex. AGY-ST-COURTS-048); PM property management (Ex. AGY-ST-COURTS-021); WF workforce (Ex. DE-005); CB customer base (Ex. DE-002); CL closings (Ex. AGY-ST-COURTS-021); WF workforce with school-age children (Ex. DE-067); AM casinos closed (Ex. DE-002); CC call centers closed (Ex. DE-005); HR staffing (Ex. AGY-ST-HEALTH-SUBORDERS-063).

Step three, the change compelled. Governor John C. Carney, Fifth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-006) ordered: "¶ 1: 'Shelter in place of residence. Effective March 24, 2020 at 8:00 a.m. E.D.T., with the exceptions as outlined below, all individuals currently living within the State of Delaware are ordered to shelter in place, at their home or place of residence except as permitted in this Fifth…" Enforcement: ¶ 13: force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125; ¶ 4 preserves DEMA isolation and quarantine orders under 20… Governor John C. Carney, First Modification of the Declaration of a State of Emergency (Mar. 16, 2020) (Ex. DE-002) ordered: "Governor's release of Mar. 16, 2020 (Ex. DE-070): the modification 'which takes effect at 8:00 p.m. tonight, March 16 -- also bans public gatherings of 50 or more people,... and closes gaming activity at Delaware casinos' and limits 'restaurants, taverns and bars to take-out and delivery service…" Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 Governor John C. Carney, Governor's release announcing the First Modification of the Declaration of a State of Emergency (Mar. 16, 2020) (Ex. DE-070) ordered: "'Governor John Carney on Monday modified... [the State of Emergency to limit restaurants, taverns and] bars to take-out and delivery service only to help prevent spread of the coronavirus (COVID-19). Governor [Carney's modification] -- which takes effect at 8:00 p.m. tonight, March 16 -- also bans…" Enforcement: See DE-002 (20 Del. C. §§ 3115(b), 3116(9), 3122, 3125) 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. Fifth Modification of the Declaration of a State of Emergency (Ex. DE-006) was in force from Mar. 24, 2020 to June 1, 2020, 70 of the quarter's 110 days; First Modification of the Declaration of a State of Emergency (Ex. DE-002) was in force from Mar. 16, 2020 to June 1, 2020, 78 of the quarter's 110 days; Governor's release announcing the First Modification of the Declaration of a State of… (Ex. DE-070) was in force from Mar. 16, 2020 to June 30, 2020, 107 of the quarter's 110 days. Of the 52 instruments in the quarter's record, 3 were in force on its first day, 28 on its last day and 2 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of 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 244 instruments in force for this selection: 24 instruments from the State of Delaware (Governor John C. Carney, Fourth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-005); Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021); Governor John C. Carney, Twenty-First Modification of the Declaration of a State of Emergency (June 14, 2020) (Ex. DE-025); and 21 more), 11 instruments from the agencies, boards and authorities of Delaware (Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048); Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 10: Extension of Judicial Emergency (with the Jury Management Plan as Exhibit 1) (Sept. 4, 2020) (Ex. AGY-ST-COURTS-052); Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021); and 8 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 (Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001); Delaware General Assembly (codified statute), 20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability) (standing) (Ex. DUT-DE-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: CT courts and agencies (Ex. AGY-ST-COURTS-048); WF workforce (Ex. DE-005); CL closings (Ex. AGY-ST-COURTS-021); SV servicing and collections (Ex. AGY-ST-COURTS-048); PM property management (Ex. AGY-ST-COURTS-021); CB customer base (Ex. DE-005); HR staffing (Ex. AGY-ST-HEALTH-SUBORDERS-063); IC infection control (Ex. AGY-ST-HEALTH-SUBORDERS-063); IN insurers (Ex. DE-007); OF documentation and reporting (Ex. AGY-ST-HEALTH-SUBORDERS-063).

Step three, the change compelled. Governor John C. Carney, Fourth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-005) ordered: "¶ 1: 'Effective March 24, 2020 at 8:00 a.m. E.D.T., and until further notice, State offices will remain open, except that all State of Delaware employees able to telecommute are required to telecommute (work from home) wherever possible, in accordance with Department of Human Resource's guidance...…" Enforcement: ¶ 9: force and effect of law; criminal offense under 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125; State and local law enforcement authorized; ¶ 5.o: inspection… Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021) ordered: "§ A: 'Effective May 22, 2020, at 5:00 p.m. E.D.T., the Third Modification... closing all Delaware beaches is stricken and replaced with the following:... Individuals over thirteen (13) years old must wear a cloth face covering compliant with the Thirteenth Modification of the State of Emergency…" Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause) Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048) ordered: "(1) Under the authority of 10 Del. C. § 2004, the judicial emergency for all State courts and their facilities in Delaware is extended for another 30 days effective June 8, 2020, subject to further review. (2) As recommended in the Interim Report, the courts... will reopen to additional employees…" Enforcement: 10 Del. C. §§ 2004-2009 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. Seventeenth Modification of the Declaration of a State of Emergency (Ex. DE-021) was in force from May 15, 2020 to May 21, 2021, 92 of the quarter's 92 days; Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020… (Ex. AGY-ST-COURTS-048) was in force from June 8, 2020 to June 30, 2021, 92 of the quarter's 92 days; Twenty-First Modification of the Declaration of a State of Emergency (Ex. DE-025) was in force from June 15, 2020 to Sept. 4, 2020, 66 of the quarter's 92 days. Of the 35 instruments in the quarter's record, 23 were in force on its first day, 22 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 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 243 instruments in force for this selection: 22 instruments from the State of Delaware (Governor John C. Carney, Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Dec. 10, 2020) (Ex. DE-033); Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021); Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027); and 19 more), 11 instruments from the agencies, boards and authorities of Delaware (Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048); Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 10: Extension of Judicial Emergency (with the Jury Management Plan as Exhibit 1) (Sept. 4, 2020) (Ex. AGY-ST-COURTS-052); Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 13: Return to Phase 2 of the Reopening Plan (Nov. 16, 2020) (Ex. AGY-ST-COURTS-054); and 8 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 50 standing duties (Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001); Delaware General Assembly (codified statute), 20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability) (standing) (Ex. DUT-DE-002); and 48 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 courts and agencies (Ex. AGY-ST-COURTS-048); WF workforce (Ex. AGY-ST-COURTS-048); PM property management (Ex. AGY-ST-COURTS-021); SV servicing and collections (Ex. AGY-ST-COURTS-048); CL closings (Ex. AGY-ST-COURTS-021); IN insurers (Ex. DE-007); AM swimming facilities at 20 percent (Ex. DE-021); BA bar service closed to standing patrons in beach zip codes (Ex. DE-027); BA bar service under reservation and seating rules (Ex. DE-031); BA beach-area bar service restored to statewide rules (Ex. DE-057).

Step three, the change compelled. Governor John C. Carney, Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Dec. 10, 2020) (Ex. DE-033) ordered: "'Sections H, I, N, and O are hereby modified, effective Monday, December 14, 2020 [at 8:00 a.m.]'. § H.8: 'Individuals aged Kindergarten and up must wear a face covering while in [any indoor setting where members of other] households [are present], irrespective of physical distance.' § N (Individual…" Enforcement: Omnibus § P.2 (force and effect of law; criminal offense); Governor's release of Dec. 10, 2020 describes enforcement as a civil fine on first violation and… Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021) ordered: "§ A: 'Effective May 22, 2020, at 5:00 p.m. E.D.T., the Third Modification... closing all Delaware beaches is stricken and replaced with the following:... Individuals over thirteen (13) years old must wear a cloth face covering compliant with the Thirteenth Modification of the State of Emergency…" Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause) Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048) ordered: "(1) Under the authority of 10 Del. C. § 2004, the judicial emergency for all State courts and their facilities in Delaware is extended for another 30 days effective June 8, 2020, subject to further review. (2) As recommended in the Interim Report, the courts... will reopen to additional employees…" Enforcement: 10 Del. C. §§ 2004-2009 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. Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Ex. DE-033) was in force from Dec. 14, 2020 to Mar. 31, 2021, 18 of the quarter's 92 days; Seventeenth Modification of the Declaration of a State of Emergency (Ex. DE-021) was in force from May 15, 2020 to May 21, 2021, 92 of the quarter's 92 days; Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020… (Ex. AGY-ST-COURTS-048) was in force from June 8, 2020 to June 30, 2021, 92 of the quarter's 92 days. Of the 33 instruments in the quarter's record, 21 were in force on its first day, 22 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 254 instruments in force for this selection: 25 instruments from the State of Delaware (Governor John C. Carney, Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Dec. 10, 2020) (Ex. DE-033); Governor John C. Carney, Sixth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Feb. 4, 2021) (Ex. DE-058); Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021); and 22 more), 11 instruments from the agencies, boards and authorities of Delaware (Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048); Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 13: Return to Phase 2 of the Reopening Plan (Nov. 16, 2020) (Ex. AGY-ST-COURTS-054); Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021); and 8 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 43 standing duties (Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001); Delaware General Assembly (codified statute), 20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability) (standing) (Ex. DUT-DE-002); and 41 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 courts and agencies (Ex. AGY-ST-COURTS-048); WF workforce (Ex. AGY-ST-COURTS-048); PM property management (Ex. AGY-ST-COURTS-021); SV servicing and collections (Ex. AGY-ST-COURTS-048); CL closings (Ex. AGY-ST-COURTS-021); IN insurers (Ex. DE-007); OF reporting (Ex. AGY-ST-HEALTH-SUBORDERS-065); AM swimming facilities at 20 percent (Ex. DE-021); BA bar service closed to standing patrons in beach zip codes (Ex. DE-027); BA bar service under reservation and seating rules (Ex. DE-031).

Step three, the change compelled. Governor John C. Carney, Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Dec. 10, 2020) (Ex. DE-033) ordered: "'Sections H, I, N, and O are hereby modified, effective Monday, December 14, 2020 [at 8:00 a.m.]'. § H.8: 'Individuals aged Kindergarten and up must wear a face covering while in [any indoor setting where members of other] households [are present], irrespective of physical distance.' § N (Individual…" Enforcement: Omnibus § P.2 (force and effect of law; criminal offense); Governor's release of Dec. 10, 2020 describes enforcement as a civil fine on first violation and… Governor John C. Carney, Sixth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Feb. 4, 2021) (Ex. DE-058) ordered: "'Sections E, G, I, N, O, and P are hereby modified, effective Friday, February 12, [2021 at 8:00 a.m.]'. § N.2: 'Indoor gatherings or events at any business or indoor space open to the public of up to the lesser of... fifty percent (50%) stated fire occupancy [or ten (10) people]'; 'maximum…" Enforcement: Omnibus § P.2; vaccine-reporting fines and allocation reductions (Governor's release); price-gouging violation 'deemed an unlawful practice' Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021) ordered: "§ A: 'Effective May 22, 2020, at 5:00 p.m. E.D.T., the Third Modification... closing all Delaware beaches is stricken and replaced with the following:... Individuals over thirteen (13) years old must wear a cloth face covering compliant with the Thirteenth Modification of the State of Emergency…" Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause) 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. Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Ex. DE-033) was in force from Dec. 14, 2020 to Mar. 31, 2021, 90 of the quarter's 90 days; Sixth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Ex. DE-058) was in force from Feb. 12, 2021 to May 21, 2021, 48 of the quarter's 90 days; Seventeenth Modification of the Declaration of a State of Emergency (Ex. DE-021) was in force from May 15, 2020 to May 21, 2021, 90 of the quarter's 90 days. Of the 36 instruments in the quarter's record, 22 were in force on its first day, 22 on its last day and 18 on every day of the quarter; 2 carry no parsed date and are placed in the quarter by the record itself.

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 252 instruments in force for this selection: 29 instruments from the State of Delaware (Governor John C. Carney, Sixth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Feb. 4, 2021) (Ex. DE-058); Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021); Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027); and 26 more), 10 instruments from the agencies, boards and authorities of Delaware (Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048); Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 13: Return to Phase 2 of the Reopening Plan (Nov. 16, 2020) (Ex. AGY-ST-COURTS-054); Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021); and 7 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 48 standing duties (Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001); Delaware General Assembly (codified statute), 20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability) (standing) (Ex. DUT-DE-002); and 46 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 courts and agencies (Ex. AGY-ST-COURTS-048); WF workforce (Ex. AGY-ST-COURTS-048); CL closings (Ex. AGY-ST-COURTS-021); PM property management (Ex. AGY-ST-COURTS-021); SV servicing and collections (Ex. AGY-ST-COURTS-048); CT courts (Ex. DE-027); IN insurers (Ex. DE-007); PM/SV eviction and foreclosure stays (Ex. DE-037); AM swimming facilities at 20 percent (Ex. DE-021); BA bar service closed to standing patrons in beach zip codes (Ex. DE-027).

Step three, the change compelled. Governor John C. Carney, Sixth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Feb. 4, 2021) (Ex. DE-058) ordered: "'Sections E, G, I, N, O, and P are hereby modified, effective Friday, February 12, [2021 at 8:00 a.m.]'. § N.2: 'Indoor gatherings or events at any business or indoor space open to the public of up to the lesser of... fifty percent (50%) stated fire occupancy [or ten (10) people]'; 'maximum…" Enforcement: Omnibus § P.2; vaccine-reporting fines and allocation reductions (Governor's release); price-gouging violation 'deemed an unlawful practice' Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021) ordered: "§ A: 'Effective May 22, 2020, at 5:00 p.m. E.D.T., the Third Modification... closing all Delaware beaches is stricken and replaced with the following:... Individuals over thirteen (13) years old must wear a cloth face covering compliant with the Thirteenth Modification of the State of Emergency…" Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause) Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048) ordered: "(1) Under the authority of 10 Del. C. § 2004, the judicial emergency for all State courts and their facilities in Delaware is extended for another 30 days effective June 8, 2020, subject to further review. (2) As recommended in the Interim Report, the courts... will reopen to additional employees…" Enforcement: 10 Del. C. §§ 2004-2009 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. Sixth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Ex. DE-058) was in force from Feb. 12, 2021 to May 21, 2021, 51 of the quarter's 91 days; Seventeenth Modification of the Declaration of a State of Emergency (Ex. DE-021) was in force from May 15, 2020 to May 21, 2021, 51 of the quarter's 91 days; Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020… (Ex. AGY-ST-COURTS-048) was in force from June 8, 2020 to June 30, 2021, 91 of the quarter's 91 days. Of the 39 instruments in the quarter's record, 22 were in force on its first day, 15 on its last day and 11 on every day of the quarter; 1 carries no parsed date and is placed in the quarter by the record itself.

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 252 instruments in force for this selection: 26 instruments from the State of Delaware (Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027); Governor John C. Carney, Twenty-Sixth Modification of the Declaration of a State of Emergency (Sept. 1, 2020) (Ex. DE-030); Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus) (Mar. 9, 2020) (Ex. DE-065); and 23 more), 19 instruments from the agencies, boards and authorities of Delaware (Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021); Delaware Judiciary, for Chief Justice Seitz, Release: Delaware Courts move to Phase 3 of reopening plan, restart jury trials June 1; Chief Justice extends judicial emergency to July 2, 2021 (May 26, 2021) (Ex. AGY-ST-COURTS-029); Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 21 (extension of the judicial emergency effective June 3, 2021; Phase 3 from June 1, 2021) (May 26, 2021) (Ex. AGY-ST-COURTS-060); and 16 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 40 standing duties (Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001); Delaware General Assembly (codified statute), 20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability) (standing) (Ex. DUT-DE-002); and 38 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: WF workforce (Ex. AGY-ST-COURTS-021); IC infection control (Ex. AGY-ST-HEALTH-SUBORDERS-041); CT courts and agencies (Ex. AGY-ST-COURTS-021); HR staffing (Ex. AGY-ST-HEALTH-SUBORDERS-044); CL closings (Ex. AGY-ST-COURTS-021); PM property management (Ex. AGY-ST-COURTS-021); HR hiring (Ex. AGY-ST-HEALTH-SUBORDERS-041); HR hiring and staffing (Ex. AGY-ST-HEALTH-SUBORDERS-042); IN insurers (Ex. DE-009); SC vendors tested (Ex. DE-046).

Step three, the change compelled. Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027) ordered: "§ A: 'Notwithstanding the provisions of the Twenty-First Modification and the Phase 2 Reopen Plan, effective July 3, 2020 at 8:00 a.m. E.D.T., the following additional restrictions shall apply to taprooms and bar service in [the designated beach-area zip codes]': establishments 'may open the bar to…" Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause) Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021) ordered: "1. Under the authority of 10 Del. C. § 2004, a judicial emergency is declared, to become effective March 16, 2020 at 8:00 a.m. and continuing for 30 days, subject to further review. 2. During the period of judicial emergency, all trial courts in the State shall have the discretion to continue trials…" Enforcement: 10 Del. C. §§ 2004-2009 (judicial emergency powers: venue changes, audiovisual proceedings, suspension and tolling of deadlines, 'such other actions as are… Governor John C. Carney, Twenty-Sixth Modification of the Declaration of a State of Emergency (Sept. 1, 2020) (Ex. DE-030) ordered: "§ C.1: 'Tournaments are not permitted until plans for the tournaments are approved by DPH.' § D: 'Athletes participating in high risk sports and activities must wear a face covering...; All athletes playing indoors must wear face coverings at all times...; Coaches and all staff must wear a face…" Enforcement: 20 Del. C. §§ 3115(b), 3116(9), 3122, 3125 (Modification clause); rescission of plan approval 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 a Judicial Emergency (Ex. AGY-ST-COURTS-021) was in force from Mar. 16, 2020 to July 13, 2021, 13 of the quarter's 92 days; Release: Delaware Courts move to Phase 3 of reopening plan, restart jury trials June 1… (Ex. AGY-ST-COURTS-029) was in force from June 1, 2021 to July 2, 2021, 2 of the quarter's 92 days; Memorandum Regarding Jury Trial Proceedings in the Court of Common Pleas in New Castle… (Ex. AGY-ST-COURTS-042) was in force from July 23, 2021 to Sept. 30, 2021, 70 of the quarter's 92 days. Of the 45 instruments in the quarter's record, 14 were in force on its first day, 29 on its last day and 5 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of 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: 441 records, of which The COVID Project holds the document for 427. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. AGY-ST-COURTS-014	Standing Order No. 1 Concerning COVID-19 Precautionary Measures	Superior Court of the State of Delaware (President Judge Jan R. Jurden)	Mar. 9, 2020	Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 1 Concerning COVID-19 Precautionary Measures (Mar. 9, 2020) (Ex. AGY-ST-COURTS-014)	/library/AGY-ST-COURTS-014	/exhibit/AGY-ST-COURTS-014
Ex. AGY-ST-COURTS-015	Standing Order No. 2 Concerning COVID-19 Precautionary Measures	Superior Court of the State of Delaware (President Judge Jan R. Jurden)	Mar. 15, 2020	Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 2 Concerning COVID-19 Precautionary Measures (Mar. 15, 2020) (Ex. AGY-ST-COURTS-015)	/library/AGY-ST-COURTS-015	/exhibit/AGY-ST-COURTS-015
Ex. AGY-ST-COURTS-016	Standing Order No. 3 Suspending 'Courtesy' Copies to Chambers	Superior Court of the State of Delaware (President Judge Jan R. Jurden)	Mar. 18, 2020	Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 3 Suspending 'Courtesy' Copies to Chambers (Mar. 18, 2020) (Ex. AGY-ST-COURTS-016)	/library/AGY-ST-COURTS-016	/exhibit/AGY-ST-COURTS-016
Ex. AGY-ST-COURTS-017	Amended Standing Order No. 4 Concerning COVID-19 Precautionary Measures	Superior Court of the State of Delaware (President Judge Jan R. Jurden)	Mar. 30, 2020	Superior Court of the State of Delaware (President Judge Jan R. Jurden), Amended Standing Order No. 4 Concerning COVID-19 Precautionary Measures (Mar. 30, 2020) (Ex. AGY-ST-COURTS-017)	/library/AGY-ST-COURTS-017	/exhibit/AGY-ST-COURTS-017
Ex. AGY-ST-COURTS-018	Standing Order No. 5 Concerning COVID-19 Precautionary Measures	Superior Court of the State of Delaware (President Judge Jan R. Jurden)	Apr. 3, 2020	Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 5 Concerning COVID-19 Precautionary Measures (Apr. 3, 2020) (Ex. AGY-ST-COURTS-018)	/library/AGY-ST-COURTS-018	/exhibit/AGY-ST-COURTS-018
Ex. AGY-ST-COURTS-019	Standing Order No. 6 Concerning COVID-19 Precautionary Measures	Superior Court of the State of Delaware (President Judge Jan R. Jurden)	Apr. 14, 2020	Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 6 Concerning COVID-19 Precautionary Measures (Apr. 14, 2020) (Ex. AGY-ST-COURTS-019)	/library/AGY-ST-COURTS-019	/exhibit/AGY-ST-COURTS-019
Ex. AGY-ST-COURTS-021	Order Declaring a Judicial Emergency	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	Mar. 13, 2020	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Order Declaring a Judicial Emergency (Mar. 13, 2020) (Ex. AGY-ST-COURTS-021)	/library/AGY-ST-COURTS-021	/exhibit/AGY-ST-COURTS-021
Ex. AGY-ST-COURTS-022	Release: Delaware Supreme Court Chief Justice Declares Judicial Emergency	Delaware Judiciary (State Court Administrator Gayle Lafferty), for Chief Justice Seitz	Mar. 14, 2020	Delaware Judiciary (State Court Administrator Gayle Lafferty), for Chief Justice Seitz, Release: Delaware Supreme Court Chief Justice Declares Judicial Emergency (Mar. 14, 2020) (Ex. AGY-ST-COURTS-022)	/library/AGY-ST-COURTS-022	/exhibit/AGY-ST-COURTS-022
Ex. AGY-ST-COURTS-024	Administrative Order No. 3: Statewide Judiciary Restricted Operations and the Temporary Suspension of Statutes of Limitations, Filing Deadlines and Notarization…	Supreme Court of Delaware (Chief Justice Collins J. Seitz, Jr.)	Mar. 22, 2020	Supreme Court of Delaware (Chief Justice Collins J. Seitz, Jr.), Administrative Order No. 3: Statewide Judiciary Restricted Operations and the Temporary Suspension of Statutes of Limitations, Filing Deadlines and Notarization Requirements in All Courts (Mar. 22, 2020) (Ex. AGY-ST-COURTS-024)	/library/AGY-ST-COURTS-024	/exhibit/AGY-ST-COURTS-024
Ex. AGY-ST-COURTS-025	Release: Judicial Emergency and closure of all Delaware Court facilities to the public extended to May 14, 2020 (Administrative Order No. 4)	Delaware Judiciary, for Chief Justice Seitz	Apr. 14, 2020	Delaware Judiciary, for Chief Justice Seitz, Release: Judicial Emergency and closure of all Delaware Court facilities to the public extended to May 14, 2020 (Administrative Order No. 4) (Apr. 14, 2020) (Ex. AGY-ST-COURTS-025)	/library/AGY-ST-COURTS-025	/exhibit/AGY-ST-COURTS-025
Ex. AGY-ST-COURTS-026	Release: Chief Justice Collins J. Seitz, Jr. extends Judicial Emergency to June 13, 2020 (Administrative Order No. 6)	Delaware Judiciary, for Chief Justice Seitz	May 14, 2020	Delaware Judiciary, for Chief Justice Seitz, Release: Chief Justice Collins J. Seitz, Jr. extends Judicial Emergency to June 13, 2020 (Administrative Order No. 6) (May 14, 2020) (Ex. AGY-ST-COURTS-026)	/library/AGY-ST-COURTS-026	/exhibit/AGY-ST-COURTS-026
Ex. AGY-ST-COURTS-029	Release: Delaware Courts move to Phase 3 of reopening plan, restart jury trials June 1; Chief Justice extends judicial emergency to July 2, 2021	Delaware Judiciary, for Chief Justice Seitz	May 26, 2021	Delaware Judiciary, for Chief Justice Seitz, Release: Delaware Courts move to Phase 3 of reopening plan, restart jury trials June 1; Chief Justice extends judicial emergency to July 2, 2021 (May 26, 2021) (Ex. AGY-ST-COURTS-029)	/library/AGY-ST-COURTS-029	/exhibit/AGY-ST-COURTS-029
Ex. AGY-ST-COURTS-030	Administrative Order 2020-1, In re: Filing Regarding Compliance with the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act')	Superior Court of the State of Delaware	July 21, 2020	Superior Court of the State of Delaware, Administrative Order 2020-1, In re: Filing Regarding Compliance with the Coronavirus Aid, Relief, and Economic Security Act ('CARES Act') (July 21, 2020) (Ex. AGY-ST-COURTS-030)	/library/AGY-ST-COURTS-030	/exhibit/AGY-ST-COURTS-030
Ex. AGY-ST-COURTS-031	Standing Order No. 7 Concerning COVID-19 Precautionary Measures	Superior Court of the State of Delaware (President Judge Jan R. Jurden)	May 19, 2020	Superior Court of the State of Delaware (President Judge Jan R. Jurden), Standing Order No. 7 Concerning COVID-19 Precautionary Measures (May 19, 2020) (Ex. AGY-ST-COURTS-031)	/library/AGY-ST-COURTS-031	/exhibit/AGY-ST-COURTS-031
Ex. AGY-ST-COURTS-040	Release: Delaware Courts to lift judicial emergency on July 13, 2021 and lift mask mandate for the fully vaccinated on July 1, 2021	Delaware Judiciary, for Chief Justice Seitz	June 29, 2021	Delaware Judiciary, for Chief Justice Seitz, Release: Delaware Courts to lift judicial emergency on July 13, 2021 and lift mask mandate for the fully vaccinated on July 1, 2021 (June 29, 2021) (Ex. AGY-ST-COURTS-040)	/library/AGY-ST-COURTS-040	/exhibit/AGY-ST-COURTS-040
Ex. AGY-ST-COURTS-041	Release: Delaware Courts to restore mask mandate on Monday, August 16, 2021 to combat the COVID-19 Delta variant; Chief Justice also orders mandatory weekly…	Delaware Judiciary, for Chief Justice Seitz ('as administrative head of all state courts')	Aug. 11, 2021	Delaware Judiciary, for Chief Justice Seitz ('as administrative head of all state courts'), Release: Delaware Courts to restore mask mandate on Monday, August 16, 2021 to combat the COVID-19 Delta variant; Chief Justice also orders mandatory weekly COVID testing for all unvaccinated court employees (Aug. 11, 2021) (Ex. AGY-ST-COURTS-041)	/library/AGY-ST-COURTS-041	/exhibit/AGY-ST-COURTS-041
Ex. AGY-ST-COURTS-042	Memorandum Regarding Jury Trial Proceedings in the Court of Common Pleas in New Castle County	Court of Common Pleas for the State of Delaware (New Castle County)	July 23, 2021	Court of Common Pleas for the State of Delaware (New Castle County), Memorandum Regarding Jury Trial Proceedings in the Court of Common Pleas in New Castle County (July 23, 2021) (Ex. AGY-ST-COURTS-042)	/library/AGY-ST-COURTS-042	/exhibit/AGY-ST-COURTS-042
Ex. AGY-ST-COURTS-047	Administrative Order No. 5: Use of Face Masks/Coverings in Court Facilities	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	Apr. 30, 2020	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 5: Use of Face Masks/Coverings in Court Facilities (Apr. 30, 2020) (Ex. AGY-ST-COURTS-047)	/library/AGY-ST-COURTS-047	/exhibit/AGY-ST-COURTS-047
Ex. AGY-ST-COURTS-048	Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan)	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	June 5, 2020	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 7 (extension of the judicial emergency effective June 8, 2020; adoption of the four-phase Courts Reopening Plan) (June 5, 2020) (Ex. AGY-ST-COURTS-048)	/library/AGY-ST-COURTS-048	/exhibit/AGY-ST-COURTS-048
Ex. AGY-ST-COURTS-050	Administrative Order No. 8: Extension of Judicial Emergency	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	July 6, 2020	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 8: Extension of Judicial Emergency (July 6, 2020) (Ex. AGY-ST-COURTS-050)	/library/AGY-ST-COURTS-050	/exhibit/AGY-ST-COURTS-050
Ex. AGY-ST-COURTS-051	Administrative Order No. 9: Extension of Judicial Emergency	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	Aug. 5, 2020	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 9: Extension of Judicial Emergency (Aug. 5, 2020) (Ex. AGY-ST-COURTS-051)	/library/AGY-ST-COURTS-051	/exhibit/AGY-ST-COURTS-051
Ex. AGY-ST-COURTS-052	Administrative Order No. 10: Extension of Judicial Emergency (with the Jury Management Plan as Exhibit 1)	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	Sept. 4, 2020	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 10: Extension of Judicial Emergency (with the Jury Management Plan as Exhibit 1) (Sept. 4, 2020) (Ex. AGY-ST-COURTS-052)	/library/AGY-ST-COURTS-052	/exhibit/AGY-ST-COURTS-052
Ex. AGY-ST-COURTS-053	Administrative Order No. 11: Extension of Judicial Emergency	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	Oct. 2, 2020	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 11: Extension of Judicial Emergency (Oct. 2, 2020) (Ex. AGY-ST-COURTS-053)	/library/AGY-ST-COURTS-053	/exhibit/AGY-ST-COURTS-053
Ex. AGY-ST-COURTS-054	Administrative Order No. 13: Return to Phase 2 of the Reopening Plan	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	Nov. 16, 2020	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 13: Return to Phase 2 of the Reopening Plan (Nov. 16, 2020) (Ex. AGY-ST-COURTS-054)	/library/AGY-ST-COURTS-054	/exhibit/AGY-ST-COURTS-054
Ex. AGY-ST-COURTS-055	Administrative Order No. 12: Extension of Judicial Emergency (Nov. 4, 2020)	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	Nov. 4, 2020	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 12: Extension of Judicial Emergency (Nov. 4, 2020) (Ex. AGY-ST-COURTS-055)	/library/AGY-ST-COURTS-055
Ex. AGY-ST-COURTS-056	Administrative Order No. 14: Extension of Judicial Emergency (December 2020)	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	Dec. 5, 2020	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 14: Extension of Judicial Emergency (December 2020) (Dec. 5, 2020) (Ex. AGY-ST-COURTS-056)	/library/AGY-ST-COURTS-056
Ex. AGY-ST-COURTS-057	Administrative Order No. 15: Extension of Judicial Emergency (January 2021)	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware		Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 15: Extension of Judicial Emergency (January 2021) (Ex. AGY-ST-COURTS-057)	/library/AGY-ST-COURTS-057
Ex. AGY-ST-COURTS-058	Administrative Order No. 17: Extension of Judicial Emergency (March 2021)	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware		Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 17: Extension of Judicial Emergency (March 2021) (Ex. AGY-ST-COURTS-058)	/library/AGY-ST-COURTS-058
Ex. AGY-ST-COURTS-059	Administrative Order No. 19 (April 30, 2021): Extension of Judicial Emergency; Phase 3 to commence June 1, 2021, with an updated Jury Management Plan (Exhibit…	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	Apr. 30, 2021	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 19 (April 30, 2021): Extension of Judicial Emergency; Phase 3 to commence June 1, 2021, with an updated Jury Management Plan (Exhibit 1) (Apr. 30, 2021) (Ex. AGY-ST-COURTS-059)	/library/AGY-ST-COURTS-059
Ex. AGY-ST-COURTS-060	Administrative Order No. 21 (extension of the judicial emergency effective June 3, 2021; Phase 3 from June 1, 2021)	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	May 26, 2021	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 21 (extension of the judicial emergency effective June 3, 2021; Phase 3 from June 1, 2021) (May 26, 2021) (Ex. AGY-ST-COURTS-060)	/library/AGY-ST-COURTS-060	/exhibit/AGY-ST-COURTS-060
Ex. AGY-ST-COURTS-061	Administrative Order No. 22 (extension of the judicial emergency until 8:00 a.m. July 13, 2021)	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	June 29, 2021	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order No. 22 (extension of the judicial emergency until 8:00 a.m. July 13, 2021) (June 29, 2021) (Ex. AGY-ST-COURTS-061)	/library/AGY-ST-COURTS-061	/exhibit/AGY-ST-COURTS-061
Ex. AGY-ST-COURTS-062	Administrative Order of August 11, 2021 (universal masking in judicial facilities; weekly testing of unvaccinated judicial officers and employees)	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware	Aug. 11, 2021	Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware, Administrative Order of August 11, 2021 (universal masking in judicial facilities; weekly testing of unvaccinated judicial officers and employees) (Aug. 11, 2021) (Ex. AGY-ST-COURTS-062)	/library/AGY-ST-COURTS-062	/exhibit/AGY-ST-COURTS-062
Ex. AGY-ST-HEALTH-SUBORDERS-041	Emergency Secretary's Order amending 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), Section 6.0 (25 DE Reg. 350 (Oct. 1…	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services	Sept. 10, 2021	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 4407 Hospital Standards (Construction, Maintenance, and Operation), Section 6.0 (25 DE Reg. 350 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-041)	/library/AGY-ST-HEALTH-SUBORDERS-041	/exhibit/AGY-ST-HEALTH-SUBORDERS-041
Ex. AGY-ST-HEALTH-SUBORDERS-042	Emergency Secretary's Order amending 16 DE Admin. Code 4406 Home Health Agencies--Aide Only (Licensure) (25 DE Reg. 348 (Oct. 1, 2021))	Molly K. Magarik, Cabinet Secretary, DHSS	Aug. 10, 2021	Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4406 Home Health Agencies--Aide Only (Licensure) (25 DE Reg. 348 (Oct. 1, 2021)) (Aug. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-042)	/library/AGY-ST-HEALTH-SUBORDERS-042	/exhibit/AGY-ST-HEALTH-SUBORDERS-042
Ex. AGY-ST-HEALTH-SUBORDERS-043	Emergency Secretary's Order amending 16 DE Admin. Code 4410 Skilled Home Health Agencies (Licensure) (25 DE Reg. 354 (Oct. 1, 2021))	Molly K. Magarik, Cabinet Secretary, DHSS	Sept. 10, 2021	Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4410 Skilled Home Health Agencies (Licensure) (25 DE Reg. 354 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-043)	/library/AGY-ST-HEALTH-SUBORDERS-043	/exhibit/AGY-ST-HEALTH-SUBORDERS-043
Ex. AGY-ST-HEALTH-SUBORDERS-044	Emergency Secretary's Order amending 16 DE Admin. Code 4468 Delivery of Hospice Services, Section 7.0 (25 DE Reg. 357 (Oct. 1, 2021))	Molly K. Magarik, Cabinet Secretary, DHSS	Sept. 10, 2021	Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4468 Delivery of Hospice Services, Section 7.0 (25 DE Reg. 357 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-044)	/library/AGY-ST-HEALTH-SUBORDERS-044	/exhibit/AGY-ST-HEALTH-SUBORDERS-044
Ex. AGY-ST-HEALTH-SUBORDERS-045	Emergency Secretary's Order amending 16 DE Admin. Code 3345 Personal Assistance Services Agencies, Section 9.0 (25 DE Reg. 339 (Oct. 1, 2021))	Molly K. Magarik, Cabinet Secretary, DHSS	Sept. 10, 2021	Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3345 Personal Assistance Services Agencies, Section 9.0 (25 DE Reg. 339 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-045)	/library/AGY-ST-HEALTH-SUBORDERS-045	/exhibit/AGY-ST-HEALTH-SUBORDERS-045
Ex. AGY-ST-HEALTH-SUBORDERS-046	Emergency Secretary's Order amending 16 DE Admin. Code 4402 Regulations for Adult Day Care Facilities, Section 16.0 (25 DE Reg. 341 (Oct. 1, 2021))	Molly K. Magarik, Cabinet Secretary, DHSS	Sept. 10, 2021	Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4402 Regulations for Adult Day Care Facilities, Section 16.0 (25 DE Reg. 341 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-046)	/library/AGY-ST-HEALTH-SUBORDERS-046	/exhibit/AGY-ST-HEALTH-SUBORDERS-046
Ex. AGY-ST-HEALTH-SUBORDERS-047	Emergency Secretary's Order amending 16 DE Admin. Code 4405 Free Standing Surgical Centers (25 DE Reg. 346 (Oct. 1, 2021))	Molly K. Magarik, Cabinet Secretary, DHSS	Sept. 8, 2021	Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4405 Free Standing Surgical Centers (25 DE Reg. 346 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-047)	/library/AGY-ST-HEALTH-SUBORDERS-047	/exhibit/AGY-ST-HEALTH-SUBORDERS-047
Ex. AGY-ST-HEALTH-SUBORDERS-048	Emergency Secretary's Order amending 16 DE Admin. Code 3330 Regulations Governing Dialysis Centers (25 DE Reg. 333 (Oct. 1, 2021))	Molly K. Magarik, Cabinet Secretary, DHSS	Sept. 8, 2021	Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3330 Regulations Governing Dialysis Centers (25 DE Reg. 333 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-048)	/library/AGY-ST-HEALTH-SUBORDERS-048	/exhibit/AGY-ST-HEALTH-SUBORDERS-048
Ex. AGY-ST-HEALTH-SUBORDERS-049	Emergency Secretary's Order amending 16 DE Admin. Code 3335 Office-Based Surgery (25 DE Reg. 335 (Oct. 1, 2021))	Molly K. Magarik, Cabinet Secretary, DHSS	Sept. 8, 2021	Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3335 Office-Based Surgery (25 DE Reg. 335 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-049)	/library/AGY-ST-HEALTH-SUBORDERS-049	/exhibit/AGY-ST-HEALTH-SUBORDERS-049
Ex. AGY-ST-HEALTH-SUBORDERS-050	Emergency Secretary's Order amending 16 DE Admin. Code 3340 Free Standing Emergency Departments (25 DE Reg. 337 (Oct. 1, 2021))	Molly K. Magarik, Cabinet Secretary, DHSS	Sept. 8, 2021	Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 3340 Free Standing Emergency Departments (25 DE Reg. 337 (Oct. 1, 2021)) (Sept. 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-050)	/library/AGY-ST-HEALTH-SUBORDERS-050	/exhibit/AGY-ST-HEALTH-SUBORDERS-050
Ex. AGY-ST-HEALTH-SUBORDERS-063	Emergency Secretary's Order amending 16 Del. Admin. C. § 3201 Skilled and Intermediate Care Nursing Facilities, lines 2.21, 5.5.9, 8.3.1 and Section 6.11 (23 DE…	Secretary, Department of Health and Social Services	May 26, 2020	Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 Del. Admin. C. § 3201 Skilled and Intermediate Care Nursing Facilities, lines 2.21, 5.5.9, 8.3.1 and Section 6.11 (23 DE Reg. 966 (June 1, 2020)) (May 26, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-063)	/library/AGY-ST-HEALTH-SUBORDERS-063	/exhibit/AGY-ST-HEALTH-SUBORDERS-063
Ex. AGY-ST-HEALTH-SUBORDERS-064	Emergency Secretary's Order amending 16 Del. Admin. C. § 3225 Assisted Living Facilities (23 DE Reg. 968 (June 1, 2020))	Secretary, Department of Health and Social Services	May 26, 2020	Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 Del. Admin. C. § 3225 Assisted Living Facilities (23 DE Reg. 968 (June 1, 2020)) (May 26, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-064)	/library/AGY-ST-HEALTH-SUBORDERS-064	/exhibit/AGY-ST-HEALTH-SUBORDERS-064
Ex. AGY-ST-HEALTH-SUBORDERS-065	Emergency Secretary's Order amending 16 DE Admin. Code 4202 Control of Communicable and Other Disease Conditions, Appendix I (notifiable diseases) (24 DE Reg.…	Secretary, Department of Health and Social Services	Sept. 30, 2020	Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 4202 Control of Communicable and Other Disease Conditions, Appendix I (notifiable diseases) (24 DE Reg. 434 (Nov. 1, 2020)) (Sept. 30, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-065)	/library/AGY-ST-HEALTH-SUBORDERS-065	/exhibit/AGY-ST-HEALTH-SUBORDERS-065
Ex. AGY-ST-HEALTH-SUBORDERS-066	Emergency Secretary's Order amending 16 DE Admin. Code 4202 Control of Communicable and Other Disease Conditions, Appendix I (renewal) (24 DE Reg. 732 (Feb. 1…	Secretary, Department of Health and Social Services	Jan. 19, 2021	Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 4202 Control of Communicable and Other Disease Conditions, Appendix I (renewal) (24 DE Reg. 732 (Feb. 1, 2021)) (Jan. 19, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-066)	/library/AGY-ST-HEALTH-SUBORDERS-066	/exhibit/AGY-ST-HEALTH-SUBORDERS-066
Ex. AGY-ST-HEALTH-SUBORDERS-067	Emergency Secretary's Order amending 16 DE Admin. Code 3201 Skilled and Intermediate Care Nursing Facilities, Subsections 2.21, 5.5.9, 6.11 and 8.3.1 (renewal)…	Secretary, Department of Health and Social Services	Sept. 25, 2020	Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 DE Admin. Code 3201 Skilled and Intermediate Care Nursing Facilities, Subsections 2.21, 5.5.9, 6.11 and 8.3.1 (renewal) (24 DE Reg. 304 (Oct. 1, 2020)) (Sept. 25, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-067)	/library/AGY-ST-HEALTH-SUBORDERS-067	/exhibit/AGY-ST-HEALTH-SUBORDERS-067
Ex. AGY-ST-INSURANCE-BANKING-061	Order Adopting Measures Granting Temporary Relief to Registrants Affected by the COVID-19 Outbreak	Investor Protection Director, Delaware Department of Justice	Mar. 27, 2020	Investor Protection Director, Delaware Department of Justice, Order Adopting Measures Granting Temporary Relief to Registrants Affected by the COVID-19 Outbreak (Mar. 27, 2020) (Ex. AGY-ST-INSURANCE-BANKING-061)	/library/AGY-ST-INSURANCE-BANKING-061	/exhibit/AGY-ST-INSURANCE-BANKING-061
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-006	DART First State 'Reduced Service Schedule' notice (last updated Mar. 20, 2020): weekday fixed-route service on Saturday schedules statewide from Mar. 18, 2020…	Delaware Transit Corporation (DART First State), a subsidiary of the Delaware Department of Transportation	Mar. 18, 2020	Delaware Transit Corporation (DART First State), a subsidiary of the Delaware Department of Transportation, DART First State 'Reduced Service Schedule' notice (last updated Mar. 20, 2020): weekday fixed-route service on Saturday schedules statewide from Mar. 18, 2020 until further notice; paratransit no longer accepting cash or tickets from Mar. 21, 2020 (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-006)	/library/AGY-ST-TRANSPORT-PORTS-TRANSIT-006	/exhibit/AGY-ST-TRANSPORT-PORTS-TRANSIT-006
Ex. DE-001	Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat	Governor John C. Carney	Mar. 12, 2020	Governor John C. Carney, Declaration of a State of Emergency for the State of Delaware Due to a Public Health Threat (Mar. 12, 2020) (Ex. DE-001)	/library/DE-001	/exhibit/DE-001
Ex. DE-002	First Modification of the Declaration of a State of Emergency	Governor John C. Carney	Mar. 16, 2020	Governor John C. Carney, First Modification of the Declaration of a State of Emergency (Mar. 16, 2020) (Ex. DE-002)	/library/DE-002	/exhibit/DE-002
Ex. DE-003	Second Modification of the Declaration of a State of Emergency	Governor John C. Carney	Mar. 18, 2020	Governor John C. Carney, Second Modification of the Declaration of a State of Emergency (Mar. 18, 2020) (Ex. DE-003)	/library/DE-003	/exhibit/DE-003
Ex. DE-004	Third Modification of the Declaration of a State of Emergency	Governor John C. Carney	Mar. 21, 2020	Governor John C. Carney, Third Modification of the Declaration of a State of Emergency (Mar. 21, 2020) (Ex. DE-004)	/library/DE-004	/exhibit/DE-004
Ex. DE-005	Fourth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Mar. 22, 2020	Governor John C. Carney, Fourth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-005)	/library/DE-005	/exhibit/DE-005
Ex. DE-006	Fifth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Mar. 22, 2020	Governor John C. Carney, Fifth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-006)	/library/DE-006	/exhibit/DE-006
Ex. DE-007	Declaration of a Public Health Emergency for the State of Delaware	Governor John C. Carney	Mar. 23, 2020	Governor John C. Carney, Declaration of a Public Health Emergency for the State of Delaware (Mar. 23, 2020) (Ex. DE-007)	/library/DE-007	/exhibit/DE-007
Ex. DE-008	Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency	A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, on behalf of DHSS	Mar. 23, 2020	A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, on behalf of DHSS, Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency (Mar. 23, 2020) (Ex. DE-008)	/library/DE-008	/exhibit/DE-008
Ex. DE-009	Sixth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Mar. 24, 2020	Governor John C. Carney, Sixth Modification of the Declaration of a State of Emergency (Mar. 24, 2020) (Ex. DE-009)	/library/DE-009	/exhibit/DE-009
Ex. DE-010	Seventh Modification of the Declaration of a State of Emergency	Governor John C. Carney	Mar. 29, 2020	Governor John C. Carney, Seventh Modification of the Declaration of a State of Emergency (Mar. 29, 2020) (Ex. DE-010)	/library/DE-010	/exhibit/DE-010
Ex. DE-011	Eighth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Mar. 30, 2020	Governor John C. Carney, Eighth Modification of the Declaration of a State of Emergency (Mar. 30, 2020) (Ex. DE-011)	/library/DE-011	/exhibit/DE-011
Ex. DE-012	Ninth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Apr. 1, 2020	Governor John C. Carney, Ninth Modification of the Declaration of a State of Emergency (Apr. 1, 2020) (Ex. DE-012)	/library/DE-012	/exhibit/DE-012
Ex. DE-013	Tenth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Apr. 6, 2020	Governor John C. Carney, Tenth Modification of the Declaration of a State of Emergency (Apr. 6, 2020) (Ex. DE-013)	/library/DE-013	/exhibit/DE-013
Ex. DE-014	Extension of the Declaration of a State of Emergency (First Extension)	Governor John C. Carney	Apr. 10, 2020	Governor John C. Carney, Extension of the Declaration of a State of Emergency (First Extension) (Apr. 10, 2020) (Ex. DE-014)	/library/DE-014	/exhibit/DE-014
Ex. DE-015	Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. B	Governor John C. Carney	Apr. 15, 2020	Governor John C. Carney, Eleventh Modification of the Declaration of a State of Emergency (Apr. 15, 2020), sec. B (Ex. DE-015)	/library/DE-015	/exhibit/DE-015
Ex. DE-016	Twelfth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Apr. 23, 2020	Governor John C. Carney, Twelfth Modification of the Declaration of a State of Emergency (Apr. 23, 2020) (Ex. DE-016)	/library/DE-016	/exhibit/DE-016
Ex. DE-017	Thirteenth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Apr. 25, 2020	Governor John C. Carney, Thirteenth Modification of the Declaration of a State of Emergency (Apr. 25, 2020) (Ex. DE-017)	/library/DE-017	/exhibit/DE-017
Ex. DE-018	Fourteenth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Apr. 29, 2020	Governor John C. Carney, Fourteenth Modification of the Declaration of a State of Emergency (Apr. 29, 2020) (Ex. DE-018)	/library/DE-018	/exhibit/DE-018
Ex. DE-019	Fifteenth Modification of the Declaration of a State of Emergency	Governor John C. Carney	May 7, 2020	Governor John C. Carney, Fifteenth Modification of the Declaration of a State of Emergency (May 7, 2020) (Ex. DE-019)	/library/DE-019	/exhibit/DE-019
Ex. DE-020	Sixteenth Modification of the Declaration of a State of Emergency	Governor John C. Carney	May 10, 2020	Governor John C. Carney, Sixteenth Modification of the Declaration of a State of Emergency (May 10, 2020) (Ex. DE-020)	/library/DE-020	/exhibit/DE-020
Ex. DE-021	Seventeenth Modification of the Declaration of a State of Emergency	Governor John C. Carney	May 14, 2020	Governor John C. Carney, Seventeenth Modification of the Declaration of a State of Emergency (May 14, 2020) (Ex. DE-021)	/library/DE-021	/exhibit/DE-021
Ex. DE-022	Eighteenth Modification of the Declaration of a State of Emergency	Governor John C. Carney	May 18, 2020	Governor John C. Carney, Eighteenth Modification of the Declaration of a State of Emergency (May 18, 2020) (Ex. DE-022)	/library/DE-022	/exhibit/DE-022
Ex. DE-023	Nineteenth Modification of the Declaration of a State of Emergency	Governor John C. Carney	May 22, 2020	Governor John C. Carney, Nineteenth Modification of the Declaration of a State of Emergency (May 22, 2020) (Ex. DE-023)	/library/DE-023	/exhibit/DE-023
Ex. DE-024	Twentieth Modification of the Declaration of a State of Emergency	Governor John C. Carney	May 31, 2020	Governor John C. Carney, Twentieth Modification of the Declaration of a State of Emergency (May 31, 2020) (Ex. DE-024)	/library/DE-024	/exhibit/DE-024
Ex. DE-025	Twenty-First Modification of the Declaration of a State of Emergency	Governor John C. Carney	June 14, 2020	Governor John C. Carney, Twenty-First Modification of the Declaration of a State of Emergency (June 14, 2020) (Ex. DE-025)	/library/DE-025	/exhibit/DE-025
Ex. DE-026	Twenty-Second Modification of the Declaration of a State of Emergency	Governor John C. Carney	June 19, 2020	Governor John C. Carney, Twenty-Second Modification of the Declaration of a State of Emergency (June 19, 2020) (Ex. DE-026)	/library/DE-026	/exhibit/DE-026
Ex. DE-027	Twenty-Third Modification of the Declaration of a State of Emergency	Governor John C. Carney	June 30, 2020	Governor John C. Carney, Twenty-Third Modification of the Declaration of a State of Emergency (June 30, 2020) (Ex. DE-027)	/library/DE-027	/exhibit/DE-027
Ex. DE-028	Twenty-Fourth Modification of the Declaration of a State of Emergency	Governor John C. Carney	July 24, 2020	Governor John C. Carney, Twenty-Fourth Modification of the Declaration of a State of Emergency (July 24, 2020) (Ex. DE-028)	/library/DE-028	/exhibit/DE-028
Ex. DE-029	Twenty-Fifth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Aug. 26, 2020	Governor John C. Carney, Twenty-Fifth Modification of the Declaration of a State of Emergency (Aug. 26, 2020) (Ex. DE-029)	/library/DE-029	/exhibit/DE-029
Ex. DE-030	Twenty-Sixth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Sept. 1, 2020	Governor John C. Carney, Twenty-Sixth Modification of the Declaration of a State of Emergency (Sept. 1, 2020) (Ex. DE-030)	/library/DE-030	/exhibit/DE-030
Ex. DE-031	Twenty-Seventh Modification of the Declaration of a State of Emergency (the 'Omnibus Modification')	Governor John C. Carney	Sept. 3, 2020	Governor John C. Carney, Twenty-Seventh Modification of the Declaration of a State of Emergency (the 'Omnibus Modification') (Sept. 3, 2020) (Ex. DE-031)	/library/DE-031	/exhibit/DE-031
Ex. DE-032	Third Revision to the Twenty-Seventh Modification (Omnibus Modification)	Governor John C. Carney	Nov. 20, 2020	Governor John C. Carney, Third Revision to the Twenty-Seventh Modification (Omnibus Modification) (Nov. 20, 2020) (Ex. DE-032)	/library/DE-032	/exhibit/DE-032
Ex. DE-033	Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification)	Governor John C. Carney	Dec. 10, 2020	Governor John C. Carney, Fourth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Dec. 10, 2020) (Ex. DE-033)	/library/DE-033	/exhibit/DE-033
Ex. DE-034	Fifth Revision to the Twenty-Seventh Modification (Omnibus Modification)	Governor John C. Carney	Jan. 8, 2021	Governor John C. Carney, Fifth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Jan. 8, 2021) (Ex. DE-034)	/library/DE-034	/exhibit/DE-034
Ex. DE-035	Eighth Revision to the Twenty-Seventh Modification (Omnibus Modification)	Governor John C. Carney	Mar. 29, 2021	Governor John C. Carney, Eighth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Mar. 29, 2021) (Ex. DE-035)	/library/DE-035	/exhibit/DE-035
Ex. DE-036	Tenth Revision to the Twenty-Seventh Modification (Omnibus Modification)	Governor John C. Carney	Apr. 27, 2021	Governor John C. Carney, Tenth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Apr. 27, 2021) (Ex. DE-036)	/library/DE-036	/exhibit/DE-036
Ex. DE-037	Twenty-Eighth Modification of the Declaration of a State of Emergency	Governor John C. Carney	May 12, 2021	Governor John C. Carney, Twenty-Eighth Modification of the Declaration of a State of Emergency (May 12, 2021) (Ex. DE-037)	/library/DE-037	/exhibit/DE-037
Ex. DE-038	Twenty-Ninth Modification of the Declaration of a State of Emergency	Governor John C. Carney	May 18, 2021	Governor John C. Carney, Twenty-Ninth Modification of the Declaration of a State of Emergency (May 18, 2021) (Ex. DE-038)	/library/DE-038	/exhibit/DE-038
Ex. DE-039	First Revision of the Twenty-Ninth Modification of the Declaration of a State of Emergency	Governor John C. Carney	June 15, 2021	Governor John C. Carney, First Revision of the Twenty-Ninth Modification of the Declaration of a State of Emergency (June 15, 2021) (Ex. DE-039)	/library/DE-039	/exhibit/DE-039
Ex. DE-040	Termination of State of Emergency for the State of Delaware Due to a Public Health Threat	Governor John C. Carney	July 12, 2021	Governor John C. Carney, Termination of State of Emergency for the State of Delaware Due to a Public Health Threat (July 12, 2021) (Ex. DE-040)	/library/DE-040	/exhibit/DE-040
Ex. DE-041	Declaration of a Public Health Emergency for the State of Delaware	Governor John C. Carney	July 12, 2021	Governor John C. Carney, Declaration of a Public Health Emergency for the State of Delaware (July 12, 2021) (Ex. DE-041)	/library/DE-041	/exhibit/DE-041
Ex. DE-042	Extension of Declaration of a Public Health Emergency (First Extension)	Governor John C. Carney	Aug. 10, 2021	Governor John C. Carney, Extension of Declaration of a Public Health Emergency (First Extension) (Aug. 10, 2021) (Ex. DE-042)	/library/DE-042	/exhibit/DE-042
Ex. DE-043	Second Extension of Declaration of a Public Health Emergency	Governor John C. Carney	Sept. 8, 2021	Governor John C. Carney, Second Extension of Declaration of a Public Health Emergency (Sept. 8, 2021) (Ex. DE-043)	/library/DE-043	/exhibit/DE-043
Ex. DE-044	Emergency Secretary's Order amending 16 Del. Admin. C. § 4202, Control of Communicable and Other Disease Conditions, § 7.7 (COVID-19 Mitigation and Prevention)	Molly K. Magarik, Secretary, Department of Health and Social Services	Aug. 13, 2021	Molly K. Magarik, Secretary, Department of Health and Social Services, Emergency Secretary's Order amending 16 Del. Admin. C. § 4202, Control of Communicable and Other Disease Conditions, § 7.7 (COVID-19 Mitigation and Prevention) (Aug. 13, 2021) (Ex. DE-044)	/library/DE-044	/exhibit/DE-044
Ex. DE-045	Emergency Order amending 14 DE Admin. Code 933, DELACARE: Regulations for Early Care and Education and School-Age Centers, § 5.3	Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing)	Aug. 13, 2021	Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing), Emergency Order amending 14 DE Admin. Code 933, DELACARE: Regulations for Early Care and Education and School-Age Centers, § 5.3 (Aug. 13, 2021) (Ex. DE-045)	/library/DE-045	/exhibit/DE-045
Ex. DE-046	Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), §§ 11.4-11.5	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)	Sept. 10, 2021	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), §§ 11.4-11.5 (Sept. 10, 2021) (Ex. DE-046)	/library/DE-046	/exhibit/DE-046
Ex. DE-047	Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), §§ 6.4-6.5	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)	Sept. 10, 2021	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), §§ 6.4-6.5 (Sept. 10, 2021) (Ex. DE-047)	/library/DE-047	/exhibit/DE-047
Ex. DE-048	Joint Practice Order: Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency	A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health	July 12, 2021	A.J. Schall, Director, Delaware Emergency Management Agency, and Karyl T. Rattay, M.D., Director, Division of Public Health, Joint Practice Order: Joint Order of the Department of Health and Social Services and the Delaware Emergency Management Agency (July 12, 2021) (Ex. DE-048)	/library/DE-048	/exhibit/DE-048
Ex. DE-049	Third Extension of the Declaration of a State of Emergency	Governor John C. Carney	June 6, 2020	Governor John C. Carney, Third Extension of the Declaration of a State of Emergency (June 6, 2020) (Ex. DE-049)	/library/DE-049	/exhibit/DE-049
Ex. DE-050	Sixth Extension of the Declaration of a State of Emergency	Governor John C. Carney	Sept. 3, 2020	Governor John C. Carney, Sixth Extension of the Declaration of a State of Emergency (Sept. 3, 2020) (Ex. DE-050)	/library/DE-050	/exhibit/DE-050
Ex. DE-051	Tenth Extension of the Declaration of a State of Emergency	Governor John C. Carney	Dec. 24, 2020	Governor John C. Carney, Tenth Extension of the Declaration of a State of Emergency (Dec. 24, 2020) (Ex. DE-051)	/library/DE-051	/exhibit/DE-051
Ex. DE-052	Thirteenth Extension of the Declaration of a State of Emergency	Governor John C. Carney	Mar. 19, 2021	Governor John C. Carney, Thirteenth Extension of the Declaration of a State of Emergency (Mar. 19, 2021) (Ex. DE-052)	/library/DE-052	/exhibit/DE-052
Ex. DE-053	Sixteenth Extension of the Declaration of a State of Emergency	Governor John C. Carney	June 13, 2021	Governor John C. Carney, Sixteenth Extension of the Declaration of a State of Emergency (June 13, 2021) (Ex. DE-053)	/library/DE-053	/exhibit/DE-053
Ex. DE-055	Emergency Secretary's Order amending 16 DE Admin. Code 3345, Personal Assistance Services Agencies, §§ 9.4-9.5	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)	Sept. 10, 2021	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 3345, Personal Assistance Services Agencies, §§ 9.4-9.5 (Sept. 10, 2021) (Ex. DE-055)	/library/DE-055	/exhibit/DE-055
Ex. DE-056	First Revision to the Twenty-Seventh Modification (Omnibus Modification)	Governor John C. Carney	Sept. 25, 2020	Governor John C. Carney, First Revision to the Twenty-Seventh Modification (Omnibus Modification) (Sept. 25, 2020) (Ex. DE-056)	/library/DE-056	/exhibit/DE-056
Ex. DE-057	Second Revision to the Twenty-Seventh Modification (Omnibus Modification)	Governor John C. Carney	Nov. 5, 2020	Governor John C. Carney, Second Revision to the Twenty-Seventh Modification (Omnibus Modification) (Nov. 5, 2020) (Ex. DE-057)	/library/DE-057	/exhibit/DE-057
Ex. DE-058	Sixth Revision to the Twenty-Seventh Modification (Omnibus Modification)	Governor John C. Carney	Feb. 4, 2021	Governor John C. Carney, Sixth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Feb. 4, 2021) (Ex. DE-058)	/library/DE-058	/exhibit/DE-058
Ex. DE-059	Seventh Revision to the Twenty-Seventh Modification (Omnibus Modification)	Governor John C. Carney	Feb. 19, 2021	Governor John C. Carney, Seventh Revision to the Twenty-Seventh Modification (Omnibus Modification) (Feb. 19, 2021) (Ex. DE-059)	/library/DE-059	/exhibit/DE-059
Ex. DE-060	Ninth Revision to the Twenty-Seventh Modification (Omnibus Modification)	Governor John C. Carney	Apr. 1, 2021	Governor John C. Carney, Ninth Revision to the Twenty-Seventh Modification (Omnibus Modification) (Apr. 1, 2021) (Ex. DE-060)	/library/DE-060	/exhibit/DE-060
Ex. DE-061	Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), § 11.0 Infection Control (25 Del. Reg. 27 (July 1…	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)	June 25, 2021	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), § 11.0 Infection Control (25 Del. Reg. 27 (July 1, 2021)) (June 25, 2021) (Ex. DE-061)	/library/DE-061	/exhibit/DE-061
Ex. DE-062	Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), § 6.0 (25 Del. Reg. 29 (July 1…	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)	June 17, 2021	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4407, Hospital Standards (Construction, Maintenance, and Operation), § 6.0 (25 Del. Reg. 29 (July 1, 2021)) (June 17, 2021) (Ex. DE-062)	/library/DE-062	/exhibit/DE-062
Ex. DE-063	Emergency Secretary's Order amending 16 DE Admin. Code 3201, Skilled and Intermediate Care Nursing Facilities, § 6.10 Infection Control (25 Del. Reg. 6 (July 1…	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)	June 25, 2021	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 3201, Skilled and Intermediate Care Nursing Facilities, § 6.10 Infection Control (25 Del. Reg. 6 (July 1, 2021)) (June 25, 2021) (Ex. DE-063)	/library/DE-063	/exhibit/DE-063
Ex. DE-064	Governor's and DHSS's announcement, 'COVID-19 Vaccination and Testing Updates for Long-Term Care Facilities, Health Care Facilities, and State Employees'	Governor John C. Carney; Department of Health and Social Services; Department of Human Resources	Aug. 12, 2021	Governor John C. Carney; Department of Health and Social Services; Department of Human Resources, Governor's and DHSS's announcement, 'COVID-19 Vaccination and Testing Updates for Long-Term Care Facilities, Health Care Facilities, and State Employees' (Aug. 12, 2021) (Ex. DE-064)	/library/DE-064	/exhibit/DE-064
Ex. DE-065	Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus)	Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance	Mar. 9, 2020	Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 115, Coverage for COVID-19 (Coronavirus) (Mar. 9, 2020) (Ex. DE-065)	/library/DE-065	/exhibit/DE-065
Ex. DE-066	Emergency Order amending 14 DE Admin. Code 934, DELACARE: Regulations for Family and Large Family Child Care Homes, § 5.3	Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing)	Aug. 13, 2021	Susan S. Bunting, Ed.D., Secretary of Education, Department of Education (Office of Child Care Licensing), Emergency Order amending 14 DE Admin. Code 934, DELACARE: Regulations for Family and Large Family Child Care Homes, § 5.3 (Aug. 13, 2021) (Ex. DE-066)	/library/DE-066	/exhibit/DE-066
Ex. DE-067	Governor's directive closing Delaware public schools March 16-27, 2020	Governor John C. Carney (with the Department of Education)	Mar. 13, 2020	Governor John C. Carney (with the Department of Education), Governor's directive closing Delaware public schools March 16-27, 2020 (Mar. 13, 2020) (Ex. DE-067)	/library/DE-067	/exhibit/DE-067
Ex. DE-068	Governor's order closing Delaware schools through May 15, 2020	Governor John C. Carney	Mar. 23, 2020	Governor John C. Carney, Governor's order closing Delaware schools through May 15, 2020 (Mar. 23, 2020) (Ex. DE-068)	/library/DE-068	/exhibit/DE-068
Ex. DE-069	Governor's decision closing Delaware schools for the remainder of the 2019-20 academic year	Governor John C. Carney (with the Department of Education)	Apr. 24, 2020	Governor John C. Carney (with the Department of Education), Governor's decision closing Delaware schools for the remainder of the 2019-20 academic year (Apr. 24, 2020) (Ex. DE-069)	/library/DE-069	/exhibit/DE-069
Ex. DE-070	Governor's release announcing the First Modification of the Declaration of a State of Emergency	Governor John C. Carney	Mar. 16, 2020	Governor John C. Carney, Governor's release announcing the First Modification of the Declaration of a State of Emergency (Mar. 16, 2020) (Ex. DE-070)	/library/DE-070	/exhibit/DE-070
Ex. DE-071	Domestic and Foreign Insurers Bulletin No. 116, COVID-19	Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance	Mar. 20, 2020	Trinidad Navarro, Insurance Commissioner, Delaware Department of Insurance, Domestic and Foreign Insurers Bulletin No. 116, COVID-19 (Mar. 20, 2020) (Ex. DE-071)	/library/DE-071	/exhibit/DE-071
Ex. DE-072	DelDOT operational changes announcement (Mar. 16, 2020)	Delaware Department of Transportation, Division of Motor Vehicles	Mar. 16, 2020	Delaware Department of Transportation, Division of Motor Vehicles, DelDOT operational changes announcement (Mar. 16, 2020) (Ex. DE-072)	/library/DE-072	/exhibit/DE-072
Ex. DUT-DE-001	20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response)	Delaware General Assembly (codified statute)	standing	Delaware General Assembly (codified statute), 20 Del. C. §§ 3115-3117 (General authority of the Governor; Powers; Activation of emergency or disaster response) (standing) (Ex. DUT-DE-001)	/library/DUT-DE-001	/exhibit/DUT-DE-001
Ex. DUT-DE-002	20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability)	Delaware General Assembly (codified statute)	standing	Delaware General Assembly (codified statute), 20 Del. C. §§ 3121-3130 (Orders, rules and regulations; Enforcement; Penalties; Immunity from civil liability) (standing) (Ex. DUT-DE-002)	/library/DUT-DE-002	/exhibit/DUT-DE-002
Ex. DUT-DE-003	20 Del. C. §§ 3131-3147 (Public Health Emergencies: definitions; isolation and quarantine; vaccination and treatment; rules and regulations; liability)	Delaware General Assembly (codified statute; enacted by 73 Del. Laws, c. 355 (2002))	standing	Delaware General Assembly (codified statute; enacted by 73 Del. Laws, c. 355 (2002)), 20 Del. C. §§ 3131-3147 (Public Health Emergencies: definitions; isolation and quarantine; vaccination and treatment; rules and regulations; liability) (standing) (Ex. DUT-DE-003)	/library/DUT-DE-003	/exhibit/DUT-DE-003
Ex. DUT-DE-004	16 Del. C. §§ 501-510 (Report of contagious diseases; Notifiable diseases; Communicable diseases; regulations; quarantine; Due process rights of quarantined…	Delaware General Assembly (codified statute)	standing	Delaware General Assembly (codified statute), 16 Del. C. §§ 501-510 (Report of contagious diseases; Notifiable diseases; Communicable diseases; regulations; quarantine; Due process rights of quarantined individuals; Tracking of potential or existing public health emergencies) (standing) (Ex. DUT-DE-004)	/library/DUT-DE-004	/exhibit/DUT-DE-004
Ex. DUT-DE-005	16 Del. C. §§ 121-129 (Powers and duties of the Department; Effect of regulations and orders; Duty of enforcement; Abatement of nuisances; Threatened epidemics)	Delaware General Assembly (codified statute)	standing	Delaware General Assembly (codified statute), 16 Del. C. §§ 121-129 (Powers and duties of the Department; Effect of regulations and orders; Duty of enforcement; Abatement of nuisances; Threatened epidemics) (standing) (Ex. DUT-DE-005)	/library/DUT-DE-005	/exhibit/DUT-DE-005
Ex. DUT-DE-006	16 Del. C. §§ 101-111 (Prosecutions and proceedings for violations; Neglect of duty; penalty; Jurisdiction of offenses)	Delaware General Assembly (codified statute)	standing	Delaware General Assembly (codified statute), 16 Del. C. §§ 101-111 (Prosecutions and proceedings for violations; Neglect of duty; penalty; Jurisdiction of offenses) (standing) (Ex. DUT-DE-006)	/library/DUT-DE-006	/exhibit/DUT-DE-006
Ex. DUT-DE-007	16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions (current codification, with amendment history)	Department of Health and Social Services, Division of Public Health (regulation)	standing	Department of Health and Social Services, Division of Public Health (regulation), 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions (current codification, with amendment history) (standing) (Ex. DUT-DE-007)	/library/DUT-DE-007	/exhibit/DUT-DE-007
Ex. DUT-DE-008	16 DE Admin. Code 4458, State of Delaware Food Code (effective Aug. 11, 2020; adopting the U.S. Public Health Service 2017 Food Code with Delaware amendments)	Department of Health and Social Services, Division of Public Health, Office of Food Protection (regulation)	standing	Department of Health and Social Services, Division of Public Health, Office of Food Protection (regulation), 16 DE Admin. Code 4458, State of Delaware Food Code (effective Aug. 11, 2020; adopting the U.S. Public Health Service 2017 Food Code with Delaware amendments) (standing) (Ex. DUT-DE-008)	/library/DUT-DE-008	/exhibit/DUT-DE-008
Ex. DUT-DE-009	Delaware's Reopening, Phase 2 (June 15, 2020): General Guidance for Individuals and Businesses and Industry Guidance	Governor John C. Carney (Office of the Governor, with the Division of Small Business and the Division of Public Health)	standing	Governor John C. Carney (Office of the Governor, with the Division of Small Business and the Division of Public Health), Delaware's Reopening, Phase 2 (June 15, 2020): General Guidance for Individuals and Businesses and Industry Guidance (Ex. DUT-DE-009)	/library/DUT-DE-009	/exhibit/DUT-DE-009
Ex. DUT-DE-010	Division of Small Business, COVID-19 posters for businesses (required signage pack: face covering, social distancing, hand hygiene)	Delaware Division of Small Business	standing	Delaware Division of Small Business, Division of Small Business, COVID-19 posters for businesses (required signage pack: face covering, social distancing, hand hygiene) (May 31, 2020) (Ex. DUT-DE-010)	/library/DUT-DE-010	/exhibit/DUT-DE-010
Ex. DUT-DE-011	DPH Enforcement Actions: COVID-19 Enforcement Actions (administrative penalty letters and cease-and-desist notices to businesses, Aug.-Dec. 2020)	Department of Health and Social Services, Division of Public Health (Public Health Authority)	standing	Department of Health and Social Services, Division of Public Health (Public Health Authority), DPH Enforcement Actions: COVID-19 Enforcement Actions (administrative penalty letters and cease-and-desist notices to businesses, Aug.-Dec. 2020) (Dec. 22, 2020) (Ex. DUT-DE-011)	/library/DUT-DE-011	/exhibit/DUT-DE-011
Ex. DUT-DE-012	Opinion, In re COVID-Related Restrictions on Religious Services, No. 354, 2023 (Del. Aug. 1, 2024) (affirming the Court of Chancery, C.A. No. 2021-1036, and the…	Supreme Court of Delaware (Seitz, C.J.; Valihura, Traynor, LeGrow and Griffiths, JJ., en banc)	standing	Supreme Court of Delaware (Seitz, C.J.; Valihura, Traynor, LeGrow and Griffiths, JJ., en banc), Opinion, In re COVID-Related Restrictions on Religious Services, No. 354, 2023 (Del. Aug. 1, 2024) (affirming the Court of Chancery, C.A. No. 2021-1036, and the Superior Court, C.A. No. N23C-01-123) (standing) (Ex. DUT-DE-012)	/library/DUT-DE-012	/exhibit/DUT-DE-012
Ex. DUT-DE-013	19 Del. C. §§ 105-107 (Powers and duties of the Department of Labor; Rules relating to accidents and industrial diseases; Inspection of records; duty to furnish…	Delaware General Assembly (codified statute)	standing	Delaware General Assembly (codified statute), 19 Del. C. §§ 105-107 (Powers and duties of the Department of Labor; Rules relating to accidents and industrial diseases; Inspection of records; duty to furnish information) (standing) (Ex. DUT-DE-013)	/library/DUT-DE-013	/exhibit/DUT-DE-013
Ex. DUT-DE-014	Release, 'Governor Carney Announces Additional COVID-19 Restrictions to Confront Winter Surge' (Dec. 10, 2020), announcing the zero-tolerance enforcement policy…	Governor John C. Carney and the Delaware Division of Public Health (Office of the Governor release)	standing	Governor John C. Carney and the Delaware Division of Public Health (Office of the Governor release), Release, 'Governor Carney Announces Additional COVID-19 Restrictions to Confront Winter Surge' (Dec. 10, 2020), announcing the zero-tolerance enforcement policy for businesses effective Dec. 14, 2020 (Ex. DUT-DE-014)	/library/DUT-DE-014	/exhibit/DUT-DE-014
Ex. DUT-DE-015	Phase 1: June 1 - June 14, 2020 (State reopening page restating the Phase 1 Reopen Plan guidance for businesses, the May 1, 2020 face-covering duties of…	State of Delaware (coronavirus.delaware.gov, the State's official COVID-19 site; Division of Small Business and Division of Public Health guidance)	standing	State of Delaware (coronavirus.delaware.gov, the State's official COVID-19 site; Division of Small Business and Division of Public Health guidance), Phase 1: June 1 - June 14, 2020 (State reopening page restating the Phase 1 Reopen Plan guidance for businesses, the May 1, 2020 face-covering duties of businesses, and the employer exposure-control plan guidance) (June 1, 2020) (Ex. DUT-DE-015)	/library/DUT-DE-015	/exhibit/DUT-DE-015
Ex. DUT-DE-016	Phase 2: June 15, 2020 (State reopening page restating the 'Phase 2 Responsibilities of all Businesses' and linking the Phase 2 General Guidance, industry…	State of Delaware (coronavirus.delaware.gov; Division of Small Business and Division of Public Health guidance)	standing	State of Delaware (coronavirus.delaware.gov; Division of Small Business and Division of Public Health guidance), Phase 2: June 15, 2020 (State reopening page restating the 'Phase 2 Responsibilities of all Businesses' and linking the Phase 2 General Guidance, industry guidance and DPH food-establishment requirements) (Ex. DUT-DE-016)	/library/DUT-DE-016	/exhibit/DUT-DE-016
Ex. DUT-DE-017	Reopening Phase II Requirements for Food Establishments (Revised 6.15.2020)	Division of Public Health, Office of Food Protection (Department of Health and Social Services)	standing	Division of Public Health, Office of Food Protection (Department of Health and Social Services), Reopening Phase II Requirements for Food Establishments (Revised 6.15.2020) (June 15, 2020) (Ex. DUT-DE-017)	/library/DUT-DE-017	/exhibit/DUT-DE-017
Ex. DUT-DE-018	29 U.S.C. § 654(a)(1) (general duty clause) and (a)(2), (b)	United States Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596)	standing	United States Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596), 29 U.S.C. § 654(a)(1) (general duty clause) and (a)(2), (b) (standing) (Ex. DUT-DE-018)	/library/DUT-DE-018	/exhibit/DUT-DE-018
Ex. DUT-DE-019	Final Order, 23 DE Reg. 665 (Feb. 1, 2020), adopting the amended 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions, with the full…	Secretary of Health and Social Services (Kara Odom Walker, M.D.) and the Division of Public Health (final order adopting amended regulation)	standing	Secretary of Health and Social Services (Kara Odom Walker, M.D.) and the Division of Public Health (final order adopting amended regulation), Final Order, 23 DE Reg. 665 (Feb. 1, 2020), adopting the amended 16 DE Admin. Code 4202, Control of Communicable and Other Disease Conditions, with the full regulation text as adopted (standing) (Ex. DUT-DE-019)	/library/DUT-DE-019	/exhibit/DUT-DE-019
Ex. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	standing	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)	/library/DUT-FED-001	/exhibit/DUT-FED-001
Ex. DUT-FED-002	29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)	Congress (OSH Act § 11(c))	standing	Congress (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-003	29 C.F.R. 1910.132 (personal protective equipment, general requirements)	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)	standing	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)	/library/DUT-FED-003	/exhibit/DUT-FED-003
Ex. DUT-FED-004	29 C.F.R. 1910.134 (respiratory protection)	Occupational Safety and Health Administration	standing	Occupational 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-005	29 C.F.R. 1910.141 (sanitation)	Occupational Safety and Health Administration	standing	Occupational 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-006	29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39	Occupational Safety and Health Administration	standing	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)	/library/DUT-FED-006	/exhibit/DUT-FED-006
Ex. DUT-FED-007	29 C.F.R. 1910.1030 (bloodborne pathogens)	Occupational Safety and Health Administration	standing	Occupational 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-008	29 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))	standing	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)	/library/DUT-FED-008	/exhibit/DUT-FED-008
Ex. DUT-FED-009	OSHA 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')	standing	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)	/library/DUT-FED-009	/exhibit/DUT-FED-009
Ex. DUT-FED-010	Protecting 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))	standing	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)	/library/DUT-FED-010	/exhibit/DUT-FED-010
Ex. DUT-FED-011	Protecting Workers guidance, as updated August 13, 2021	Occupational Safety and Health Administration	standing	Occupational 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-013	Guidance on Returning to Work (OSHA 4045, June 2020)	Occupational Safety and Health Administration	standing	Occupational 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-015	Citation 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)	standing	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)	/library/DUT-FED-015	/exhibit/DUT-FED-015
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, Denver Area Office (Inspection No. 1475131)	standing	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)	/library/DUT-FED-016	/exhibit/DUT-FED-016
Ex. DUT-FED-017	Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)	standing	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)	/library/DUT-FED-017	/exhibit/DUT-FED-017
Ex. DUT-FED-018	Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)	OSHA, Hartford Area Office (Inspection No. 1505094)	standing	OSHA, 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-019	Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)	OSHA, Hartford Area Office (Inspection No. 1472908)	standing	OSHA, 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-020	Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)	Occupational Safety and Health Administration	standing	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)	/library/DUT-FED-020	/exhibit/DUT-FED-020
Ex. DUT-FED-021	Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)	OSHA, Avenel Area Office (Inspection No. 1480762)	standing	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)	/library/DUT-FED-021	/exhibit/DUT-FED-021
Ex. DUT-FED-022	Citation, United States Postal Service, Washington, DC (general duty clause)	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)	standing	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)	/library/DUT-FED-022	/exhibit/DUT-FED-022
Ex. DUT-FED-023	42 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)	standing	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)	/library/DUT-FED-023	/exhibit/DUT-FED-023
Ex. DUT-FED-024	42 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)	standing	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)	/library/DUT-FED-024	/exhibit/DUT-FED-024
Ex. DUT-FED-025	42 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)	standing	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)	/library/DUT-FED-025	/exhibit/DUT-FED-025
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…	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)	standing	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)	/library/DUT-FED-026	/exhibit/DUT-FED-026
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	Secretary of Health and Human Services (Alex M. Azar II)	standing	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)	/library/DUT-FED-027	/exhibit/DUT-FED-027
Ex. DUT-FED-029	Safety Alert for Operators (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)	standing	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)	/library/DUT-FED-029	/exhibit/DUT-FED-029
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)	Equal Employment Opportunity Commission (technical assistance)	standing	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)	/library/DUT-FED-030	/exhibit/DUT-FED-030
Ex. DUT-FED-031	42 U.S.C. 12113 (ADA defenses; direct threat)	Congress (Americans with Disabilities Act § 103)	standing	Congress (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-032	29 C.F.R. 1630.2(r) (definition of direct threat)	Equal Employment Opportunity Commission (regulation)	standing	Equal 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-033	29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)	Equal Employment Opportunity Commission (regulation)	standing	Equal 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-034	Interim 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 Prevention	standing	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)	/library/DUT-FED-034	/exhibit/DUT-FED-034
Ex. DUT-FED-035	Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)	Centers for Disease Control and Prevention	standing	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)	/library/DUT-FED-035	/exhibit/DUT-FED-035
Ex. DUT-FED-037	Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)	standing	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)	/library/DUT-FED-037	/exhibit/DUT-FED-037
Ex. DUT-FED-060	Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…	Centers for Disease Control and Prevention	standing	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)	/library/DUT-FED-060	/exhibit/DUT-FED-060
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)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	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)	/library/DUT-FED-061	/exhibit/DUT-FED-061
Ex. DUT-FED-062	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)	standing	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)	/library/DUT-FED-062	/exhibit/DUT-FED-062
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…	Centers for Disease Control and Prevention	standing	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)	/library/DUT-FED-063	/exhibit/DUT-FED-063
Ex. DUT-FED-064	Considerations for Restaurants and Bars (updated May 27, 2020)	Centers for Disease Control and Prevention	standing	Centers 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-065	Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)	Federal Motor Carrier Safety Administration	standing	Federal 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-066	News 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 release	standing	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)	/library/DUT-FED-066	/exhibit/DUT-FED-066
Ex. DUT-FED-067	News 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 release	standing	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)	/library/DUT-FED-067	/exhibit/DUT-FED-067
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…	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)	standing	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)	/library/DUT-FED-069	/exhibit/DUT-FED-069
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)	Equal Employment Opportunity Commission (technical assistance)	standing	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)	/library/DUT-FED-070	/exhibit/DUT-FED-070
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)	Equal Employment Opportunity Commission (technical assistance)	standing	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)	/library/DUT-FED-071	/exhibit/DUT-FED-071
Ex. DUT-FED-072	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)	Occupational Safety and Health Administration	standing	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)	/library/DUT-FED-072	/exhibit/DUT-FED-072
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)	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney	standing	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)	/library/DUT-FED-073	/exhibit/DUT-FED-073
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-002	Notice of February 24, 2021	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)	/library/FED-002	/exhibit/FED-002
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-011	Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)	Alex M. Azar II, Secretary of HHS	Apr. 21, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)	/library/FED-011	/exhibit/FED-011
Ex. FED-012	Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)	Alex M. Azar II, Secretary of HHS	July 23, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)	/library/FED-012	/exhibit/FED-012
Ex. FED-013	Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)	Alex M. Azar II, Secretary of HHS	Oct. 2, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)	/library/FED-013	/exhibit/FED-013
Ex. FED-014	Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)	Alex M. Azar II, Secretary of HHS	Jan. 7, 2021	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)	/library/FED-014	/exhibit/FED-014
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-022	CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)	Sept. 1, 2020	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)	/library/FED-022	/exhibit/FED-022
Ex. FED-023	CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)	Centers for Disease Control and Prevention, HHS	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)	/library/FED-023	/exhibit/FED-023
Ex. FED-024	CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)	Centers for Disease Control and Prevention, HHS	Mar. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)	/library/FED-024	/exhibit/FED-024
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-027	CDC No Sail Order and Suspension of Further Embarkation	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 14, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	/library/FED-027	/exhibit/FED-027
Ex. FED-028	No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)	Centers for Disease Control and Prevention, HHS	Apr. 9, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	/library/FED-028	/exhibit/FED-028
Ex. FED-029	No Sail Order; Second Modification and Extension (July 16, 2020)	Centers for Disease Control and Prevention, HHS	July 16, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)	/library/FED-029	/exhibit/FED-029
Ex. FED-030	No Sail Order; Third Modification and Extension (Sept. 30, 2020)	Centers for Disease Control and Prevention, HHS	Sept. 30, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	/library/FED-030	/exhibit/FED-030
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-036	Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)	Centers for Disease Control and Prevention, HHS	May 19, 2020	Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)	/library/FED-036	/exhibit/FED-036
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-039	Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…	Centers for Disease Control and Prevention, HHS	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)	/library/FED-039	/exhibit/FED-039
Ex. FED-040	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom	Centers for Disease Control and Prevention, HHS	Dec. 25, 2020	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)	/library/FED-040	/exhibit/FED-040
Ex. FED-041	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…	Centers for Disease Control and Prevention, HHS	Jan. 12, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)	/library/FED-041	/exhibit/FED-041
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-048	Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…	Centers for Disease Control and Prevention, HHS	Sept. 11, 2020	Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)	/library/FED-048	/exhibit/FED-048
Ex. FED-050	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)	Jan. 31, 2021	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	/library/FED-050	/exhibit/FED-050
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-055	Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	/library/FED-055	/exhibit/FED-055
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-061	Executive Order 13998	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)	/library/FED-061	/exhibit/FED-061
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-066	Executive Order 13945	President Donald J. Trump	Aug. 8, 2020	President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)	/library/FED-066	/exhibit/FED-066
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-071	Executive Order 13910	President Donald J. Trump	Mar. 23, 2020	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	/library/FED-071	/exhibit/FED-071
Ex. FED-073	Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)	President Donald J. Trump	Apr. 28, 2020	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	/library/FED-073	/exhibit/FED-073
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-075	Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use	Federal Emergency Management Agency, DHS	Apr. 7, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)	/library/FED-075	/exhibit/FED-075
Ex. FED-076	Notification of Exemptions to the PPE allocation rule	Federal Emergency Management Agency, DHS	Apr. 17, 2020	Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)	/library/FED-076	/exhibit/FED-076
Ex. FED-077	Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)	Federal Emergency Management Agency, DHS	Aug. 10, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)	/library/FED-077	/exhibit/FED-077
Ex. FED-078	Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)	Federal Emergency Management Agency, DHS	Dec. 31, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)	/library/FED-078	/exhibit/FED-078
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-088	Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)	OSHA, U.S. Department of Labor	Mar. 9, 2020	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	/library/FED-088	/exhibit/FED-088
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-091	CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)	Centers for Medicare & Medicaid Services, HHS	May 1, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	/library/FED-091	/exhibit/FED-091
Ex. FED-092	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	Centers for Medicare & Medicaid Services, HHS	Sept. 2, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	/library/FED-092	/exhibit/FED-092
Ex. FED-093	CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)	Nov. 2, 2020	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	/library/FED-093	/exhibit/FED-093
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-097	QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 13, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	/library/FED-097	/exhibit/FED-097
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-104	FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	/library/FED-104	/exhibit/FED-104
Ex. FED-109	FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)	/library/FED-109	/exhibit/FED-109
Ex. FED-113	FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 26, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)	/library/FED-113	/exhibit/FED-113
Ex. FED-115	FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 23, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)	/library/FED-115	/exhibit/FED-115
Ex. FED-118	FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 24, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)	/library/FED-118	/exhibit/FED-118
Ex. FED-130	FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)	/library/FED-130	/exhibit/FED-130
Ex. FED-132	FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 20, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	/library/FED-132	/exhibit/FED-132
Ex. FED-133	FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)	/library/FED-133	/exhibit/FED-133
Ex. FED-143	FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)	/library/FED-143	/exhibit/FED-143
Ex. FED-147	FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	/library/FED-147	/exhibit/FED-147
Ex. FED-150	FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Apr. 11, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)	/library/FED-150	/exhibit/FED-150
Ex. FED-154	QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)	CMS, Quality, Safety & Oversight Group	Sept. 17, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	/library/FED-154	/exhibit/FED-154
Ex. FED-155	QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19	CMS, Quality, Safety & Oversight Group	Mar. 10, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	/library/FED-155	/exhibit/FED-155
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-157	QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)	CMS, Quality, Safety & Oversight Group	May 18, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	/library/FED-157	/exhibit/FED-157
Ex. FED-158	CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…	Centers for Medicare & Medicaid Services, HHS	Apr. 7, 2020	Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)	/library/FED-158	/exhibit/FED-158
Ex. FED-159	CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)	Centers for Medicare & Medicaid Services, HHS	Apr. 19, 2020	Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)	/library/FED-159	/exhibit/FED-159
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-164	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)	/library/FED-164	/exhibit/FED-164
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-170	Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…	Congress (Pub. L. 116-127); approved by the President	Mar. 18, 2020	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	/library/FED-170	/exhibit/FED-170
Ex. FED-171	Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826	Wage and Hour Division, U.S. Department of Labor	Apr. 1, 2020	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	/library/FED-171	/exhibit/FED-171
Ex. FED-172	Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)	Wage and Hour Division, U.S. Department of Labor	Sept. 11, 2020	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	/library/FED-172	/exhibit/FED-172
Ex. FED-173	Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…	Congress (Pub. L. 116-260)	Dec. 27, 2020	Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)	/library/FED-173	/exhibit/FED-173
Ex. FED-174	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…	Congress (Pub. L. 117-2); approved by the President	Mar. 11, 2021	Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)	/library/FED-174	/exhibit/FED-174
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	/library/FED-182	/exhibit/FED-182
Ex. FED-183	Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices	Secretary of Health and Human Services	Mar. 24, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)	/library/FED-183	/exhibit/FED-183
Ex. FED-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	/library/FED-184	/exhibit/FED-184
Ex. FED-185	Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)	Dec. 11, 2020	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	/library/FED-185	/exhibit/FED-185
Ex. FED-186	Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)	Food and Drug Administration, HHS	Dec. 18, 2020	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	/library/FED-186	/exhibit/FED-186
Ex. FED-187	Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)	Food and Drug Administration, HHS	Feb. 27, 2021	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	/library/FED-187	/exhibit/FED-187
Ex. FED-190	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)	/library/FED-190	/exhibit/FED-190
Ex. FED-191	30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)	The President and the White House Coronavirus Task Force	Mar. 31, 2020	The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)	/library/FED-191	/exhibit/FED-191
Ex. FED-192	Guidelines for Opening Up America Again (Apr. 16, 2020)	The President and the White House Coronavirus Task Force	Apr. 16, 2020	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	/library/FED-192	/exhibit/FED-192
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-202	Proclamation 9993	President Donald J. Trump	Mar. 11, 2020	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	/library/FED-202	/exhibit/FED-202
Ex. FED-203	Proclamation 9996	President Donald J. Trump	Mar. 14, 2020	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	/library/FED-203	/exhibit/FED-203
Ex. FED-204	Proclamation 10041	President Donald J. Trump	May 24, 2020	President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)	/library/FED-204	/exhibit/FED-204
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-210	Proclamation 10014	President Donald J. Trump	Apr. 22, 2020	President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)	/library/FED-210	/exhibit/FED-210
Ex. FED-211	Proclamation 10052	President Donald J. Trump	June 22, 2020	President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)	/library/FED-211	/exhibit/FED-211
Ex. FED-212	Proclamation 10054	President Donald J. Trump	June 29, 2020	President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)	/library/FED-212	/exhibit/FED-212
Ex. FED-213	Proclamation 10131	President Donald J. Trump	Dec. 31, 2020	President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)	/library/FED-213	/exhibit/FED-213
Ex. FED-214	Proclamation 10149	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)	/library/FED-214	/exhibit/FED-214
Ex. FED-216	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection	Mar. 24, 2020	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)	/library/FED-216	/exhibit/FED-216
Ex. FED-217	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)	/library/FED-217	/exhibit/FED-217
Ex. FED-219	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)	/library/FED-219	/exhibit/FED-219
Ex. FED-222	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)	/library/FED-222	/exhibit/FED-222
Ex. FED-225	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)	/library/FED-225	/exhibit/FED-225
Ex. FED-226	Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)	/library/FED-226	/exhibit/FED-226
Ex. FED-229	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)	/library/FED-229	/exhibit/FED-229
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-239	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…	DHS (Acting Secretary Chad F. Wolf), with CBP	Mar. 24, 2020	DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)	/library/FED-239	/exhibit/FED-239
Ex. FED-240	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)	/library/FED-240	/exhibit/FED-240
Ex. FED-242	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)	/library/FED-242	/exhibit/FED-242
Ex. FED-245	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)	/library/FED-245	/exhibit/FED-245
Ex. FED-248	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)	/library/FED-248	/exhibit/FED-248
Ex. FED-249	Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)	/library/FED-249	/exhibit/FED-249
Ex. FED-252	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)	/library/FED-252	/exhibit/FED-252
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-264	OMB Memorandum M-20-16	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 17, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)	/library/FED-264	/exhibit/FED-264
Ex. FED-265	OMB Memorandum M-20-17	Office of Management and Budget	Mar. 19, 2020	Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)	/library/FED-265	/exhibit/FED-265
Ex. FED-266	OMB Memorandum M-20-18	Office of Management and Budget (Deputy Director for Management)	Mar. 20, 2020	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	/library/FED-266	/exhibit/FED-266
Ex. FED-267	OMB Memorandum M-20-19	Office of Management and Budget	Mar. 22, 2020	Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)	/library/FED-267	/exhibit/FED-267
Ex. FED-268	OMB/OPM Memorandum M-20-23	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)	Apr. 20, 2020	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	/library/FED-268	/exhibit/FED-268
Ex. FED-270	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	/library/FED-271	/exhibit/FED-271
Ex. FED-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)	/library/FED-272	/exhibit/FED-272
Ex. FED-274	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)	/library/FED-274	/exhibit/FED-274
Ex. FED-275	Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)	/library/FED-278	/exhibit/FED-278
Ex. FED-279	Order of March 16, 2020 (COVID-19 building access)	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)	Mar. 16, 2020	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)	/library/FED-279	/exhibit/FED-279
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	/library/FED-280	/exhibit/FED-280
Ex. FED-281	Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019	Deputy Secretary of Defense David L. Norquist	Mar. 13, 2020	Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)	/library/FED-281	/exhibit/FED-281
Ex. FED-282	Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions	Secretary of Defense Mark T. Esper	Apr. 20, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)	/library/FED-282	/exhibit/FED-282
Ex. FED-283	Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…	Secretary of Defense Mark T. Esper	May 22, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)	/library/FED-283	/exhibit/FED-283
Ex. FED-284	Order of the Chief Judge No. 20-042	Chief Judge Virginia A. Phillips	Mar. 19, 2020	Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)	/library/FED-284	/exhibit/FED-284
Ex. FED-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	/library/FED-285	/exhibit/FED-285
Ex. FED-286	General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)	Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)	/library/FED-286	/exhibit/FED-286
Ex. FED-288	General Order 2020-8	Chief Judge Philip A. Brimmer	May 6, 2020	Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)	/library/FED-288	/exhibit/FED-288
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	/library/FED-290
Ex. FED-291	Press release of March 16, 2020 (postponement of the March 2020 argument session)	Supreme Court of the United States (Public Information Office)	Mar. 16, 2020	Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)	/library/FED-291	/exhibit/FED-291
Ex. FED-292	Order of March 19, 2020, 589 U.S. (Order List)	Supreme Court of the United States	Mar. 19, 2020	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	/library/FED-292	/exhibit/FED-292
Ex. FED-293	Press release of April 3, 2020 (postponement of the April 2020 argument session)	Supreme Court of the United States (Public Information Office)	Apr. 3, 2020	Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)	/library/FED-293	/exhibit/FED-293
Ex. FED-294	Press release of April 13, 2020 (telephone arguments in May 2020)	Supreme Court of the United States (Public Information Office)	Apr. 13, 2020	Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)	/library/FED-294	/exhibit/FED-294
Ex. FED-295	Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020	Mar. 29, 2020	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)	/library/FED-295	/exhibit/FED-295
Ex. FED-296	Tenth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Feb. 12, 2021	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	/library/FED-296	/exhibit/FED-296
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	/library/FED-297	/exhibit/FED-297
Ex. FED-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)	/library/FED-298	/exhibit/FED-298
Ex. FED-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)	/library/FED-299	/exhibit/FED-299
Ex. FED-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)	/library/FED-300	/exhibit/FED-300
Ex. FED-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-303	Standing Order 20-17	Chief Judge Freda L. Wolfson	Nov. 25, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	/library/FED-303	/exhibit/FED-303
Ex. FED-304	Third Extension of Standing Order 20-12	Chief Judge Freda L. Wolfson	Dec. 17, 2020	Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)	/library/FED-304	/exhibit/FED-304
Ex. FED-305	Standing Order 21-02	Chief Judge Freda L. Wolfson	Mar. 17, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	/library/FED-305	/exhibit/FED-305
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-310	Second Amended Standing Order 2020-02	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)	/library/FED-310	/exhibit/FED-310
Ex. FED-311	Standing Order 2020-04	Chief Judge James K. Bredar	Mar. 16, 2020	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	/library/FED-311	/exhibit/FED-311
Ex. FED-312	Standing Order 2020-05	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)	/library/FED-312	/exhibit/FED-312
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-316	Fourth Amendment to General Order 20-01	Chief Judge Thomas W. Thrash, Jr.	July 31, 2020	Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)	/library/FED-316	/exhibit/FED-316
Ex. FED-317	General Order 72	Chief Judge Phyllis J. Hamilton	Mar. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)	/library/FED-317	/exhibit/FED-317
Ex. FED-318	General Order 72-2	Chief Judge Phyllis J. Hamilton	Apr. 30, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)	/library/FED-318	/exhibit/FED-318
Ex. FED-319	Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…	U.S. Department of State, Bureau of Consular Affairs	Mar. 26, 2020	U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)	/library/FED-319
Ex. FED-320	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services	Apr. 20, 2020	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)	/library/FED-320	/exhibit/FED-320
Ex. FED-321	Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)	U.S. Department of Homeland Security, USCIS	May 14, 2020	U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)	/library/FED-321	/exhibit/FED-321
Ex. FED-322	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…	DHS, USCIS	Aug. 20, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)	/library/FED-322	/exhibit/FED-322
Ex. FED-323	Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…	DHS, USCIS	Dec. 18, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)	/library/FED-323	/exhibit/FED-323
Ex. FED-324	USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020	U.S. Citizenship and Immigration Services	Mar. 17, 2020	U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)	/library/FED-324	/exhibit/FED-324
Ex. FED-325	USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4	U.S. Citizenship and Immigration Services	May 27, 2020	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	/library/FED-325	/exhibit/FED-325
Ex. FED-327	Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)	U.S. Department of State, Bureau of Consular Affairs	Mar. 20, 2020	U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)	/library/FED-327	/exhibit/FED-327
Ex. FED-328	Phased Resumption of Routine Visa Services (announcement of July 14, 2020)	U.S. Department of State, Bureau of Consular Affairs	July 14, 2020	U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)	/library/FED-328	/exhibit/FED-328
Ex. FED-331	General Order 72-4	Chief Judge Phyllis J. Hamilton	June 24, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)	/library/FED-331	/exhibit/FED-331
Ex. FED-332	General Order 72-5	Chief Judge Phyllis J. Hamilton	July 23, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)	/library/FED-332	/exhibit/FED-332
Ex. FED-333	General Order 72-6	Chief Judge Phyllis J. Hamilton	Sept. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	/library/FED-333	/exhibit/FED-333
Ex. FED-334	General Order 73 (Amended May 21, 2020)	Chief Judge Phyllis J. Hamilton	May 21, 2020	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	/library/FED-334	/exhibit/FED-334
Ex. FED-336	General Order 77	Chief Judge Phyllis J. Hamilton	June 9, 2020	Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)	/library/FED-336	/exhibit/FED-336
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-338	General Order 20-0012 (original)	Chief Judge Rebecca R. Pallmeyer	Mar. 12, 2020	Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)	/library/FED-338	/exhibit/FED-338
Ex. FED-339	Eighth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Nov. 13, 2020	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	/library/FED-339	/exhibit/FED-339
Ex. FED-340	CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…	Congress (Pub. L. 116-136, signed Mar. 27, 2020)	Mar. 27, 2020	Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)	/library/FED-340	/exhibit/FED-340
Ex. FED-342	Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors	Apr. 7, 2020	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)	/library/FED-342	/exhibit/FED-342
Ex. FED-343	Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…	Bureau of Consumer Financial Protection	June 30, 2020	Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)	/library/FED-343	/exhibit/FED-343
Ex. FED-344	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…	Bureau of Consumer Financial Protection	June 25, 2021	Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)	/library/FED-344	/exhibit/FED-344
Ex. FED-345	Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)	President Donald J. Trump (Memorandum for the Secretary of Education)	Aug. 8, 2020	President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)	/library/FED-345	/exhibit/FED-345
Ex. FED-346	FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac	Mar. 18, 2020	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)	/library/FED-346	/exhibit/FED-346
Ex. FED-348	FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)	Federal Housing Finance Agency	June 17, 2020	Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)	/library/FED-348	/exhibit/FED-348
Ex. FED-349	FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)	Federal Housing Finance Agency	Aug. 27, 2020	Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)	/library/FED-349	/exhibit/FED-349
Ex. FED-350	FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)	Federal Housing Finance Agency	Dec. 2, 2020	Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)	/library/FED-350	/exhibit/FED-350
Ex. FED-353	FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…	Federal Housing Finance Agency	Feb. 25, 2021	Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)	/library/FED-353	/exhibit/FED-353
Ex. FED-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)	/library/FED-354	/exhibit/FED-354
Ex. FED-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)	/library/FED-355	/exhibit/FED-355
Ex. FED-356	Mortgagee Letter 2020-04	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)	Mar. 18, 2020	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)	/library/FED-356	/exhibit/FED-356
Ex. FED-359	Mortgagee Letter 2020-19	HUD, Federal Housing Administration	June 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)	/library/FED-359
Ex. FED-360	Mortgagee Letter 2020-27	HUD, Federal Housing Administration	Aug. 27, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)	/library/FED-360	/exhibit/FED-360
Ex. FED-361	Mortgagee Letter 2020-43	HUD, Federal Housing Administration	Dec. 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)	/library/FED-361	/exhibit/FED-361
Ex. FED-362	Mortgagee Letter 2021-03	HUD, Federal Housing Administration	Jan. 21, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)	/library/FED-362	/exhibit/FED-362
Ex. FED-363	Mortgagee Letter 2021-05	HUD, Federal Housing Administration	Feb. 16, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)	/library/FED-363	/exhibit/FED-363
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-367	Circular 26-20-7	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service	Mar. 16, 2020	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	/library/FED-367	/exhibit/FED-367
Ex. FED-368	Circular 26-20-8	VA, Loan Guaranty Service	Mar. 18, 2020	VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)	/library/FED-368	/exhibit/FED-368
Ex. FED-369	Circular 26-20-12	VA, Loan Guaranty Service	Apr. 8, 2020	VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)	/library/FED-369	/exhibit/FED-369
Ex. FED-371	Circular 26-20-22	VA, Loan Guaranty Service	June 17, 2020	VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)	/library/FED-371	/exhibit/FED-371
Ex. FED-372	Circular 26-20-23	VA, Loan Guaranty Service	June 18, 2020	VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)	/library/FED-372	/exhibit/FED-372
Ex. FED-373	Circular 26-20-29	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)	/library/FED-373	/exhibit/FED-373
Ex. FED-374	Circular 26-20-30	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)	/library/FED-374	/exhibit/FED-374
Ex. FED-375	Circular 26-20-40	VA, Loan Guaranty Service	Dec. 28, 2020	VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)	/library/FED-375	/exhibit/FED-375
Ex. FED-376	Circular 26-21-2	VA, Loan Guaranty Service	Jan. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)	/library/FED-376	/exhibit/FED-376
Ex. FED-377	Circular 26-21-5	VA, Loan Guaranty Service	Feb. 16, 2021	VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)	/library/FED-377
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-381	USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…	U.S. Department of Agriculture, Rural Development	Mar. 19, 2020	U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)	/library/FED-381
Ex. FED-382	USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…	USDA Rural Development	Dec. 28, 2020	USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)	/library/FED-382
Ex. FED-384	USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…	USDA Rural Development (with the White House announcement of June 24, 2021)	June 24, 2021	USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)	/library/FED-384
Ex. FED-385	USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)	July 30, 2021	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)	/library/FED-385	/exhibit/FED-385
Ex. FED-386	Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…	Secretary of the Interior David L. Bernhardt	Mar. 22, 2020	Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)	/library/FED-386	/exhibit/FED-386
Ex. FED-387	NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…	Secretary of the Interior David L. Bernhardt; National Park Service	Mar. 18, 2020	Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)	/library/FED-387	/exhibit/FED-387
Ex. FED-389	BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon	Bureau of Land Management, Oregon/Washington State Office and District Managers	Mar. 27, 2020	Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)	/library/FED-389	/exhibit/FED-389
Ex. FED-390	Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors	Bureau of Reclamation	Mar. 17, 2020	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	/library/FED-390	/exhibit/FED-390
Ex. FED-391	USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only	U.S. Department of Agriculture, Farm Production and Conservation mission area	Mar. 23, 2020	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	/library/FED-391
Ex. FED-393	USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…	U.S. Army Corps of Engineers Headquarters and district commanders	Mar. 17, 2020	U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)	/library/FED-393
Ex. FED-396	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)	/library/FED-396	/exhibit/FED-396
Ex. FED-398	H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)	May 15, 2020	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	/library/FED-398	/exhibit/FED-398
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)	/library/LAW-001	/exhibit/LAW-001
Ex. LAW-002	Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…	United States Congress	Dec. 27, 2020	United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)	/library/LAW-002	/exhibit/LAW-002
Ex. LAW-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)	/library/LAW-003	/exhibit/LAW-003
Ex. LAW-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)	/library/LAW-004	/exhibit/LAW-004
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004

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=DE&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1 on Oct. 1, 2026. The COVID Project is a free public reference and this report is not legal advice.