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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Indiana

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 417 instruments cited; 407 exhibit files held. Not legal advice.

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

1. About this report

Prepared by The COVID Project, Sept. 30, 2026. Selection: State Indiana 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=IN&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)

Indiana, first day (Apr. 1, 2020): Stay-at-home directive in force (EO 20-08, eff. 11:59 p.m. Mar. 24, through Apr. 6; Ex. IN-006): all individuals ordered to stay home; all non-essential businesses required to cease all activities except Minimum Basic Operations; gatherings over ten prohibited; all places of public amusement closed; every business ordered to allow as many employees as possible to work from home. Restaurants, bars and nightclubs closed to in-person patrons on all portions of the premises including patios (EO 20-04, 20-10, 20-14; Ex. IN-003, IN-008, IN-012). Elective and non-urgent surgical or invasive procedures cancelled for all providers whether medical, dental or other from Apr. 1 (EO 20-13; Ex. IN-011). K-12 schools closed (EO 20-05; then EO 20-16 for the school year, Apr. 2; Ex. IN-004, IN-014). Eviction and foreclosure filings barred (EO 20-06; Ex. IN-005). State buildings closed to the public and State employees ordered to telework (EO 20-09; Ex. IN-007). Casinos closed by the Gaming Commission since Mar. 16 (Ex. IN-083). Indiana Supreme Court Administrative Rule 17 emergency relief statewide, tolling all civil and criminal time limits (Mar. 16 and 23 orders; extended Apr. 3 through May 4; Ex. IN-074, IN-075, IN-076).

Indiana, last day (June 30, 2020): Stage 4 (EO 20-32, June 12-July 3; Ex. IN-030): gatherings limited to 250; dining 75 percent of seating, bar seating and bars 50 percent, employees screened and masked; cinemas, theaters, amusement venues, gyms, bowling alleys 50 percent; fairs, festivals, parades and carnivals prohibited; State buildings appointment only; every open business required to have a posted safeguards plan; K-12 buildings closed for instruction through June 30. Eviction and foreclosure filings barred through July 31 and utility disconnections through Aug. 14 (EO 20-33; Ex. IN-031). Court tolling authority through Aug. 14 (May 29 order; Ex. IN-078). Emergency renewed to Aug. 3 (EO 20-34, signed July 1; Ex. IN-032).

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)

Indiana, first day (July 1, 2020): Stage 4 directives (EO 20-32) in force through 11:59 p.m. July 3; Stage 4.5 from 11:59 p.m. July 3 (EO 20-35, signed July 1; Ex. IN-033): Stage 4 rules continued, fairs and festivals 50 percent indoors, conventions capped at 250, racino spectators 50 percent, State buildings appointment only with mandatory masks for State employees, contractors and vendors; Elkhart County held in Stage 4. Eviction and foreclosure moratoria to July 31 (later Aug. 14).

Indiana, last day (Sept. 30, 2020): Stage 5 (EO 20-43, eff. 12:01 a.m. Sept. 26 through Oct. 17; Ex. IN-041): face-covering mandate continued statewide; all restaurant and bar patrons required to remain seated with parties six feet apart; gatherings or events over 500 required a plan filed with the local health department fourteen days ahead; every business required to maintain and post a COVID response plan and comply with IOSHA; K-12 mask mandate for grades 3-12. Emergency renewed to Nov. 1 (EO 20-44; Ex. IN-042). Court tolling had expired Aug. 14; remote-proceedings orders in force to Jan. 1, 2021.

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)

Indiana, first day (Oct. 1, 2020): Stage 5 (EO 20-43; extended by EO 20-46 through Nov. 14; Ex. IN-041, IN-044) with the statewide mask mandate, seated-service rule, 500-person event plan rule and business plan requirement.

Indiana, last day (Dec. 31, 2020): County-based measures (EO 20-50, eff. Dec. 13 through Jan. 3, 2021; Ex. IN-048): social gatherings and events capped at 250 (Blue), 100 (Yellow), 50 (Orange) or 25 (Red) with local-health-department safety-plan approval required above the cap; every individual required to wear a face covering in indoor public places; businesses required to post face-covering signage and require employee masks; restaurants and bars seated-only with six-foot spacing; licensed hospitals directed to postpone non-emergent inpatient procedures Dec. 16, 2020 through Jan. 3, 2021; K-12 masks and 25 percent or participants-only caps on winter extracurricular events; Red-county senior center activities cancelled. No in-person jury trials (Ind. Sup. Ct. Dec. 14, 2020 order; Ex. IN-080). Emergency renewed to Jan. 30, 2021 (EO 20-52; Ex. IN-050).

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)

Indiana, first day (Jan. 1, 2021): EO 20-50 county-based measures in force through Jan. 3 (Ex. IN-048), then EO 20-53 (Jan. 4-24; hospitals directed to implement evidence-based criteria and postpone non-emergent procedures where necessary; Ex. IN-051), EO 21-01 (Jan. 25-31; Ex. IN-052), EO 21-02 (Feb. 1-28; Ex. IN-053) and EO 21-06 (Mar. 1-31; Ex. IN-056). Jury trials suspended through Mar. 1 (Ex. IN-080).

Indiana, last day (Mar. 31, 2021): EO 21-06 in force (extended by EO 21-09 through 11:59 p.m. Apr. 5; Ex. IN-056, IN-059): statewide face-covering mandate; business signage, plan and IOSHA duties; seated service with six-foot spacing; gathering and event sizes strongly recommended at 250/100/50/25 with percentage-of-capacity limits (25 percent Red and Orange, 50 percent Yellow) and safety plans above; K-12 masks and quarantine rules; hospital capacity directive. Emergency renewed to Apr. 30 (EO 21-08; Ex. IN-058).

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)

Indiana, first day (Apr. 1, 2021): EO 21-06 as extended by EO 21-09 through Apr. 5 (all Q1 restrictions in force); from 12:01 a.m. Apr. 6, EO 21-09 (Ex. IN-059): face coverings required only in State buildings, at testing and vaccination sites and in K-12 schools; businesses still required to develop, post and implement COVID response plans and comply with IOSHA; local health departments authorized to impose gathering and event limits; K-12 mask mandate and quarantine rules continue.

Indiana, last day (June 30, 2021): EO 21-15 (June 1-30; Ex. IN-064): K-12 mask mandate for grades 3-12 through June 30 (the end of the school year) and school quarantine rules; masks required in State congregate facilities and at testing and vaccination sites; positives shall self-isolate; county color-coded assessments continue; local orders more restrictive permitted subject to Ind. Code § 16-20-1-21.5. Business plan and IOSHA directives ended May 31 (EO 21-12 rescinded by EO 21-15). Emergency renewed to July 1 (EO 21-14; Ex. IN-063). Ind. Sup. Ct. remote-hearings authority continued (May 7 order; Ex. IN-081). SEA 5 in effect from May 10 (Ex. IN-089).

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)

Indiana, first day (July 1, 2021): EO 21-16 (sixteenth renewal, July 1-31; Ex. IN-065) and EO 21-17 (July 1-31; Ex. IN-066): all prior directives rescinded as of 11:59 p.m. June 30; in force: temporary health-care licensing (through Sept. 30), PREP Act vaccinator authorizations, FSSA Medicaid and TANF waivers, DWD waiting-period suspension, the reservation of quarantine, isolation and site-closure authority, and the local-authority clause tied to Ind. Code §§ 16-20-1-21.5 and 16-22-8-31.3. IDOH COVID-19 Control Measures under 410 IAC 1 (updated July 19, 2021; Ex. IN-092): positives shall isolate with exclusion from employment and public places; unvaccinated close contacts shall quarantine 14, 10 or 7 days with exclusion from employment; schools, child care, long-term care and congregate settings shall report every case within 24 hours. Indiana University fall-2021 vaccination condition announced (Ex. IN-094).

Indiana, last day (Sept. 30, 2021): EO 21-22 (eighteenth renewal, Aug. 31-Sept. 30; Ex. IN-069) and EO 21-24 (Sept. 2-30; Ex. IN-071): hospitals directed to implement evidence-based criteria and reprioritize or postpone non-emergent surgeries where necessary and to report diversion status, bed, ICU and ventilator availability daily; IDOI directed to request insurer prior-authorization extensions; IDOH control measures and Commissioner Order CO 21-01 reporting incorporated; K-12 schools and child-care facilities required to contact-trace, notify parents and report cases; fully vaccinated close contacts must mask in public until a negative test at days 3-5 or fourteen days; unvaccinated close contacts shall quarantine; positives shall isolate. Monroe County indoor mask regulation in force through Sept. 30 (Ex. IN-093). Indiana University vaccination, masking and testing conditions in force for the fall semester (Ex. IN-094). EO 21-26 and 21-27, signed Sept. 30, renewed the emergency and the directives into October (Ex. IN-072, IN-073).

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

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

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

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

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

Layer2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Total
Federal layer179163160175165167330
State of Indiana40362624251792
Agencies, boards and authorities1111001
Standing duties39444842494365
All layers259244235242239227488

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 Indiana

Ex. IN-016
Executive Order 20-18

Continued Directive for Hoosiers to Stay at Home; Extension of Continuity of Operations of Government; and Extension of Executive Orders Pertaining to Restaurants and Alcoholic Beverages

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Apr. 6, 2020 to Apr. 20, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capTravel and quarantineEvents and venuesWorkplace rules
Functions reached
CB customer base; SF sales floor (curbside only for non-necessity retail); OF office and telework; WF; GATH; LG lodging (campgrounds); SC; HR
Grade
Primary source read
Days in this quarter
15

This Executive Order, upon taking effect, replaces Executive Order 20-08.... all individuals currently living in the State of Indiana are ordered to stay at home or their place of residence, except as allowed in this Executive Order.... All businesses and operations in the State of Indiana, except for Essential Businesses and Operations (as defined in ¶ 14) are hereby required to cease all activities within the State, except, however, for Minimum Basic Operations (as defined in ¶ 15).... All public and private gatherings, whether governmental, social, philanthropic, religious, spiritual or otherwise, of any number of people that occur outside of a single household or living unit, are prohibited unless such gathering is of ten (10) or less people who engage in social distancing and other sanitation measures.... Campgrounds throughout Indiana are directed to close as of 11:59 p.m. on April…

Enforcement: ¶ 19: IOSHA administrative and enforcement actions; an Enforcement Response Team of State law enforcement led by the Chairman of the Alcohol and Tobacco Commission; ISDH cease orders, closure orders, reports to the Secretary of State and licensing boards for revocation proceedings, referral to prosecutors; 'Penalty: A knowing violation of an Executive Order issued pursuant to Indiana's Emergency…

Citation: Governor Eric J. Holcomb, Executive Order 20-18 (Apr. 6, 2020) (Ex. IN-016) Open the exhibit

Ex. IN-024
Executive Order 20-26

Roadmap to Reopen Indiana for Hoosiers, Businesses and State Government (Back on Track Indiana, Stages 1 and 2)

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from May 1, 2020 to May 23, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capSchools and child careHealth care ordersEvents and venuesWorkplace rules
Functions reached
SF sales floor (50 percent); DR dining room (50 percent, one-week delay); BA bar (closed); SL salon (appointment only); FC facilities (closed); PE performances (closed); GATH (25); OF (phased return; virtual professional services); PF production floor (plan required); WF; CB
Grade
Primary source read
Days in this quarter
23

On or before May 11, 2020, all Hoosier employers shall develop a plan to implement measures and institute safeguards to ensure a safe environment for their employees, customers, clients, and members. The plan shall be provided to each employee or staff and posted publicly.... Once a county is permitted to advance to Stage 2, all retail businesses within the county may open to the public under the following conditions and restrictions: i) Retail businesses shall limit the number of customers in their facility at any given time to no more than 50% of occupational capacity;... v) Malls shall limit the number of individuals in common areas around retail businesses to no more than 25% of occupancy capacity.... Restaurants... are permitted to open, reopen or expand services one week following being designated into Stage 2.... In-person or on-premises dining is limited to no more than 50% of…

Enforcement: ¶ 34: IOSHA; Enforcement Response Team led by the ATC Chairman; ISDH cease and closure orders; reports to the Secretary of State and licensing boards; referral to prosecutors; 'A knowing violation of an Executive Order issued pursuant to Indiana's Emergency Disaster Law is a class B misdemeanor, punishable up to 180 days incarceration and a fine of up to $1,000'

Citation: Governor Eric J. Holcomb, Executive Order 20-26 (May 1, 2020) (Ex. IN-024) Open the exhibit

Ex. IN-006
Executive Order 20-08

Directive for Hoosiers to Stay at Home

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 24, 2020 to Apr. 6, 2020 (issued Mar. 23, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering capTravel and quarantineEvents and venuesWorkplace rules
Functions reached
CB customer base under stay-home; SF sales floor and premises closed; OF office and telework; WF workforce; GATH events; MK; SC (non-essential suppliers closed); HR
Grade
Primary source read
Days in this quarter
14

With exceptions as outlined below, all individuals currently living in the State of Indiana are ordered to stay at home or their place of residence, except as allowed in this Executive Order.... All persons may leave their homes or residences only for Essential Activities, Essential Governmental Functions, or to participate in Essential Businesses and Operations, all as defined below.... All businesses and operations in the State of Indiana, except for Essential Businesses and Operations (as defined below), are hereby required to cease all activities within the State, except, however, for Minimum Basic Operations (as defined below). For purposes of clarity, businesses (which includes home-based businesses) may also continue operations consisting exclusively of employees or contractors performing activities at their own homes or residences (working from home).... All public and private…

Enforcement: ¶ 19: 'This Executive Order may be enforced by State and local law enforcement, as well as other governmental entities (such as state and local departments of health), to the extent set forth in Indiana law, including, but not limited to, the Emergency Disaster Law' (Ind. Code § 10-14-3-34); in-person dining prohibition enforced under EO 20-10

Citation: Governor Eric J. Holcomb, Executive Order 20-08 (Mar. 23, 2020) (Ex. IN-006) Open the exhibit

Ex. IN-020
Indiana Executive Order 20-22 (Apr. 20, 2020; to May 1, 2020)

Extension of Directive for Hoosiers to Stay at Home; Continuity of Operations of Government; and Executive Orders Pertaining to Restaurants and Alcoholic Beverages

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Apr. 20, 2020 to May 1, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering capTravel and quarantineHealth care ordersEvents and venuesWorkplace rules
Functions reached
CB; SF; OF; WF; GATH; PS pet services; SX elective procedures
Grade
Primary source read
Days in this quarter
12

This Executive Order 20-22 shall become effective at 11:59 p.m. on April 20, 2020, and will remain in full force and effect until 11:59 p.m. on May 1, 2020... For sake of clarity, outdoor activity also includes yard-work, gardening, planting and landscaping at residential, commercial and industrial properties and farms; and nurseries and garden centers, both the outdoor display and in-store areas, may be open for business... Included in veterinary care... is pet grooming, which may occur at a pet salon or store, or by mobile unit; however, no pet grooming shall be provided to customers inside any home at this time.... [elective procedures] allow for them to resume commencing as of 11:59 p.m. on Sunday, April 26, 2020.

Enforcement: Same as EO 20-18 ¶ 19 (IOSHA; Enforcement Response Team; ISDH cease and closure orders; Class B misdemeanor recital)

Citation: Governor Eric J. Holcomb, Indiana Executive Order 20-22 (Apr. 20, 2020; to May 1, 2020) (Ex. IN-020) Open the exhibit

Ex. IN-026
Executive Order 20-28

Back on Track: Reopening Indiana in Stage Three

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from May 22, 2020 to June 13, 2020 (issued May 21, 2020)
Quarters
2020 Q2
Limitations
Business closureTelework mandateCapacity limitGathering capSchools and child careEvents and venuesCourts and public officesWorkplace rules
Functions reached
SF (75 percent); DR (50 percent); BA (closed); FC (50 percent); PE (closed); GATH (100); AM (closed); LG campgrounds (reopened); WF; CB
Grade
Primary source read
Days in this quarter
23

Once a county is permitted to advance to Stage 3, all retail businesses within the county may open to the public under the following conditions and restrictions: i) Retail businesses shall limit the number of customers in their facility at any given time to no more than 75% of occupational capacity;... v) Malls shall limit the number of individuals in common areas around retail businesses to no more than 50% of occupancy capacity.... In-person or on-premises dining is limited to no more than 50% of seating capacity... Bar areas shall be closed.... Live music or live entertainment is not permitted.... Bars and taverns shall remain closed.... all public and private meetings or gatherings... may have up to one hundred (100) people... Cinemas/movie theaters, concert stages, music halls and live theaters and similar venues shall remain closed.... [gyms] The number of customers/clients in a…

Enforcement: ¶ 21: IOSHA; ISDH, local boards of health and the Enforcement Team (specialized duties ceasing June 13, 2020); cease, closure and revocation steps; 'a knowing violation... is a class B misdemeanor, punishable up to 180 days incarceration and a fine of up to $1,000'

Citation: Governor Eric J. Holcomb, Executive Order 20-28 (May 21, 2020) (Ex. IN-026) Open the exhibit

Ex. IN-030
Executive Order 20-32

Back on Track Indiana: Stage Four

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from June 12, 2020 to July 3, 2020 (issued June 11, 2020)
Quarters
2020 Q22020 Q3
Limitations
Business closureTelework mandateCapacity limitGathering capSchools and child careEvents and venuesCourts and public officesWorkplace rules
Functions reached
DR (75 percent); BA (50 percent); PE (50 percent); AM (50 percent; fairs prohibited); FC (50 percent); GATH (250); SP (contact sports from June 19); CT (State buildings by appointment); EMP (plan); WF; CB
Grade
Primary source read
Days in this quarter
19 (in force on the last day)

All businesses continuing operations or resuming full operations are required to develop a plan to implement measures and institute safeguards... The plan must be provided to each employee or staff and posted publicly.... Retail businesses may open at 100% of occupancy... In-person or on-premises dining is limited to up to 75% of seating capacity... Bar areas may open up to 50% of occupancy... Bars, taverns, wineries and breweries are permitted to open up to 50% of occupancy... all public and private meetings or gatherings... may have up to two hundred fifty (250) people... Cinemas/movie theaters, indoor or outdoor concert stages, music halls, live theaters, nightclubs and similar venues may open up to 50% of capacity... All other places of public amusement, whether indoors or outdoors, including fairs, festivals, parades, carnivals and similar places of amusement are not permitted to be…

Enforcement: ¶ 22: IOSHA; ISDH, local boards of health and law enforcement; cease, closure, revocation and prosecutor referral steps; 'Criminal Penalty:... a knowing violation of an Executive Order issued pursuant to Indiana's Emergency Disaster Law is a class B misdemeanor, punishable up to 180 days incarceration and a fine of up to $1,000'

Citation: Governor Eric J. Holcomb, Executive Order 20-32 (June 11, 2020) (Ex. IN-030) Open the exhibit

Ex. IN-003
Executive Order 20-04

Further Orders and Directives in Response to the Coronavirus Disease 2019 Epidemic

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 16, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capHealth care ordersAlcohol and barsCourts and public offices
Functions reached
DR dining room; BA bar and alcohol service; SX surgery and elective procedures; GATH events; CB customer base
Grade
Primary source read
Days in this quarter
107 (in force on the last day)

In consultation with and concurrence of the Commissioner of the ISDH, restaurants, bars, nightclubs and other establishments that provide in-dining services are required to close to in-person patrons through March 31, 2020, but these entities are authorized to provide drive-thru, take-out and delivery services.... Hospitals and ambulatory surgical centers are directed to cancel or postpone elective and non-urgent surgical procedures immediately.... Indiana will continue to adhere to the CDC guidance for large events and mass gatherings. The current guidance recommends no in-person events of more than 50 people.... Public meetings conducted pursuant to Ind. Code 5-14-1.5 et seq. should be limited to only essential matters critical to the operations of the governmental agency or entity for the duration of this public health emergency

Enforcement: ISDH and ATC enforcement process prescribed by EO 20-10 (cease orders, citations under 410 IAC 7-24-109, closure orders, permit suspension or revocation)

Citation: Governor Eric J. Holcomb, Executive Order 20-04 (Mar. 16, 2020) (Ex. IN-003) Open the exhibit

Ex. IN-090
ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021)

The alcohol regulator's implementing notices: dine-in prohibition enforcement, carryout authorizations, permit extensions, Stage capacity rules for bars and restaurants, and the July 1, 2021 reinstatement of the 60 percent on-premises rule

Indiana Alcohol and Tobacco Commission, Indiana (Sector regulator)

Dates
In force from Mar. 23, 2020 to June 30, 2021 (issued July 1, 2021)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Business closureCapacity limitAlcohol and bars
Functions reached
BA bar and alcohol service; TO carryout; DR; AM (Type II gaming)
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

Compliance or noncompliance of the executive order related to on-premises consumption will be considered upon renewals.... Until further notice, no Type II gaming activities should be conducted (May 18, 2020).... Customers are no longer required to be seated while in a bar or restaurant (Apr. 9, 2021, implementing EO 21-09).... Permittees with permanent carryout subtype: Gross Retail Income Required will need to begin tracking their on-premises/off-premises alcoholic beverage sales beginning July 1, 2021.

Enforcement: ATC permit conditions; State Excise Police

Citation: Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090) Open the exhibit

Ex. IN-083
Indiana Gaming Commission order closing all State-regulated casinos, racinos and off-track betting facilities (announced Mar. 14, 2020)

Temporary shutdown of the thirteen State-regulated gaming facilities effective 6:00 a.m. Mar. 16, 2020

Indiana Gaming Commission, Indiana (Sector regulator)

Dates
In force from Mar. 16, 2020 to June 15, 2020 (issued Mar. 14, 2020)
Quarters
2020 Q2
Limitations
Business closureEvents and venues
Functions reached
AM amusement (casinos); FB food and beverage outlets; LG lodging at casino hotels; MC; WF
Grade
Confirmed from a secondary source
Days in this quarter
92

The Indiana Gaming Commission ordered the state's casinos to close, effective Monday morning at 6 a.m.... The closure begins Monday and runs for at least two weeks (as reported by WFYI, Mar. 15, 2020; the order 'does not apply to the Four Winds Casino in South Bend, which is operated by the Pokagon Band of Potawatomi Indians')

Enforcement: IGC licensing authority

Citation: Indiana Gaming Commission, Indiana Gaming Commission order closing all State-regulated casinos, racinos and off-track betting facilities (announced Mar. 14, 2020) (Ex. IN-083) Open the exhibit

Ex. IN-008
Executive Order 20-10

Enforcement Directive Regarding Prohibition of In-Person Dining in Response to the Coronavirus Disease 2019 Epidemic

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 23, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Business closureAlcohol and bars
Functions reached
DR dining room; BA bar and alcohol service
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

Direct the ISDH and local boards of health take all available administrative and enforcement actions against establishments that provide in-dining services, including: a. issue an order to cease in-person dining during this public health emergency pursuant to Ind. Code 16-19-3-11. b. if an establishment fails to comply with an order to discontinue in-person dining, issue a citation pursuant to 410 IAC 7-24-109... c. if an establishment continues with in-person dining after being issued a citation, issue an order to close the facility.... Direct the ATC... to issue an order prohibiting the sale of alcoholic beverages for on-premises consumption at restaurants, bars, nightclubs and other establishments that provide in-dining services pursuant to Ind. Code 7.1-2-3-11... the ATC shall take all available administrative and enforcement actions, including suspension or revocation of an…

Enforcement: Cease orders, citations, closure orders (ISDH/local health); permit suspension or revocation and renewal consequences under Ind. Code §§ 7.1-3-9-10 and 7.1-2-6-1 (ATC)

Citation: Governor Eric J. Holcomb, Executive Order 20-10 (Mar. 23, 2020) (Ex. IN-008) Open the exhibit

Ex. IN-012
Executive Order 20-14

Continuation of Executive Orders 20-04, 20-10 and 20-11 Pertaining to Restaurants and Alcoholic Beverages

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 31, 2020 to Apr. 6, 2020
Quarters
2020 Q2
Limitations
Business closureAlcohol and bars
Functions reached
DR dining room; BA bar service; TO carryout
Grade
Primary source read
Days in this quarter
7

do hereby order and extend from this date until 11:59 p.m. on April 6, 2020, the following: 1. Executive Order 20-04 prohibiting restaurants, bars, nightclubs and other establishments from providing in-dining services and to close to in-person patrons.... a. In addition to the directives in Executive Order 20-04 paragraph 6, I further order that the prohibition on dining by in-person patrons and in-dining services encompasses all portions of the premises of a dining establishment, including not only interior areas but also patios, areas of outside seating and parking lots.

Enforcement: EO 20-10 process (ISDH and ATC)

Citation: Governor Eric J. Holcomb, Executive Order 20-14 (Mar. 31, 2020) (Ex. IN-012) Open the exhibit

Ex. IN-011
Executive Order 20-13

Directives to Manage Indiana's Health Care Response for Hoosiers with COVID-19 During the Public Health Emergency

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Apr. 1, 2020 to Sept. 30, 2021 (issued Mar. 30, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureHealth care orders
Functions reached
SX surgery and elective procedures; PR elective and aerosol-generating procedures (dental); CH chairside care; OC outpatient clinics; CB patients
Grade
Primary source read
Days in this quarter
91 (in force on the last day)

To preserve PPE for health care providers who are battling the COVID-19 pandemic, beginning April 1, 2020, all health care providers, whether medical, dental or other, and health care facilities, whether hospitals, ambulatory surgical centers, dental facilities, plastic surgery centers, dermatology offices and abortion clinics, are directed to cancel or postpone elective and non-urgent surgical or invasive procedures. An 'elective and non-urgent' procedure, for purposes of this Executive Order includes any surgery or invasive procedure which can be delayed without undue risk to the current or future health of the patient as determined by the patient's treating physician, dentist or health care provider. This prohibition, however, shall not apply to any procedure that, if performed in accordance with the commonly accepted standards of clinical practice, would not deplete the hospital…

Enforcement: Ind. Code ch. 10-14-3; licensing boards (PLA) and ISDH facility authority

Citation: Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. IN-011) Open the exhibit

Ex. IN-084
Health and Safety Guidelines for Reopening of Casino Operations (Phase One), last updated May 14, 2020

Minimum standards for a limited initial reopening of Indiana's casinos

Indiana Gaming Commission (Executive Director Sara Gonso Tait), Indiana (Sector regulator)

Dates
In force from June 15, 2020 to Sept. 30, 2020 (issued May 14, 2020)
Quarters
2020 Q22020 Q3
Limitations
Capacity limitHealth care ordersWorkplace rules
Functions reached
AM (casino floor); HR screening; CB patrons (screening; capacity); FB
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

The purpose of this communication is to set forth minimum standards for a limited initial reopening of Indiana's casinos. This will be known as Phase One. Each casino wishing to participate in Phase One will be required to submit a detailed plan corresponding to each point below.... Each casino must develop a COVID-19 Preparedness and Response Plan... Response plans must be submitted at least seven (7) days prior to any reopening.... Employees and patrons shall undergo a daily health screening.... Patrons or employees answering yes to any of the above questions should not be permitted access to the casino.

Enforcement: IGC plan approval; compliance subject to customary reporting and IGC audits

Citation: Indiana Gaming Commission (Executive Director Sara Gonso Tait), Health and Safety Guidelines for Reopening of Casino Operations (Phase One), last updated May 14, 2020 (Ex. IN-084) Open the exhibit

Ex. IN-001
Executive Order 20-02

Declaration of Public Health Emergency for Coronavirus Disease 2019 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 6, 2020 to Mar. 3, 2022
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for all functions
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

Declare that a public health disaster emergency exists in Indiana attributable to COVID-19.... Order all state and local health officials, law enforcement and emergency response agencies, health care providers, and hospitals, in our State to cooperate with the ISDH in its response to the public health disaster emergency and the implementation of this Executive Order.... This Executive Order and declaration of a public health disaster emergency in our State shall by law expire thirty (30) days from the date below, unless extended.

Enforcement: Predicate for every subsequent order; Ind. Code § 10-14-3-34 (knowing, intentional or reckless violation of an order under the chapter; recited in the 2020 orders as a Class B misdemeanor)

Citation: Governor Eric J. Holcomb, Executive Order 20-02 (Mar. 6, 2020) (Ex. IN-001) Open the exhibit

Ex. IN-002
Executive Order 20-03

Waiver of Hours of Service Regulations Relating to Motor Carriers and Drivers of Commercial Vehicles Transporting Goods to Indiana Businesses

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 13, 2020 to Apr. 5, 2020
Quarters
2020 Q2
Limitations
Supply chain
Functions reached
SC supply chain; DR drivers and routes
Grade
Primary source read
Days in this quarter
24 (in force on the first day)

During this public health emergency, motor carriers and drivers of commercial vehicles traveling in or through the State of Indiana and who are delivering food, goods and items to Indiana businesses and entities for purchase or use by Hoosiers as well as delivery of items for emergency preparedness and relief supplies/services are exempt from regulations restricting their hours of service under 49 C.F.R. 395, incorporated by reference into Ind. Code 8-2.1-24-18. This exemption is effective from the time of the issuance of this Order until April 5, 2020

Enforcement: Regulatory waiver; no penalty provision

Citation: Governor Eric J. Holcomb, Executive Order 20-03 (Mar. 13, 2020) (Ex. IN-002) Open the exhibit

Ex. IN-074
Order, In re Administrative Rule 17 Emergency Relief for Indiana Trial Courts Relating to the 2019 Novel Coronavirus (COVID-19), No. 20S-CB-123 (Mar. 16, 2020)

Order directing all trial courts to implement continuity-of-operations plans and to petition for emergency relief (tolling; jury-trial continuances)

Indiana Supreme Court (Rush, C.J.), Indiana (Court)

Dates
In force from Mar. 16, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Courts and public offices
Functions reached
CT courts, clerks and recorders; CL closings and litigation-dependent transactions; SV collections and foreclosure
Grade
Primary source read
Days in this quarter
107 (in force on the last day)

The Indiana Supreme Court therefore ORDERS each trial court statewide to implement all relevant and necessary portions of its continuity of operations plan (COOP) in conjunction with county emergency and public health authorities... [and directs courts to petition for relief including] 1. Tolling for a limited time all laws, rules, and procedures setting time limits for speedy trials in criminal and juvenile proceedings, public health, mental health, and all other civil and criminal matters

Enforcement: Supreme Court supervisory authority; all 92 counties and many city and town courts obtained AR 17 orders (Exhibit A to the Apr. 3, 2020 order lists them)

Citation: Indiana Supreme Court (Rush, C.J.), Order, In re Administrative Rule 17 Emergency Relief for Indiana Trial Courts Relating to the 2019 Novel Coronavirus (COVID-19), No. 20S-CB-123 (Mar. 16, 2020) (Ex. IN-074) Open the exhibit

Ex. IN-004
Executive Order 20-05 (Mar. 19, 2020)

Helping Hoosiers During the Public Health Emergency Declared for the Coronavirus 2019 Disease Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 19, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Schools and child careHealth care ordersCourts and public officesOther
Functions reached
WF workforce (schools closed); DM motor-vehicle offices; IN insurance; SV servicing and collections; CB
Grade
Primary source read
Days in this quarter
104 (in force on the last day)

All K-12 schools in Indiana, public or private, shall close and cease in-person instruction through May 1, 2020.... Providers of gas and electric utilities, broadband, telecommunication, water and wastewater services are prohibited from discontinuing service to any customer in the state... The Commissioner shall extend deadlines for renewal of driver's license or identification cards, vehicle registration renewals, title transactions... by suspending the imposition of administrative penalty fees (late fees).... Suspension of the provision requiring a branch be open in every county.... The Commissioner shall request insurers to institute a 60-day moratorium on policy cancellations for non-payment of premiums, which will apply to all lines of business.

Enforcement: Ind. Code ch. 10-14-3; regulatory suspensions binding on agencies and utilities

Citation: Governor Eric J. Holcomb, Executive Order 20-05 (Mar. 19, 2020) (Ex. IN-004) Open the exhibit

Ex. IN-005
Executive Order 20-06

Temporary Prohibition on Eviction and Foreclosures

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 19, 2020 to Aug. 14, 2020
Quarters
2020 Q22020 Q3
Limitations
Courts and public officesOther
Functions reached
PM property management; SV servicing, collections and foreclosure; CL closings
Grade
Primary source read
Days in this quarter
104 (in force on the last day)

No eviction or foreclosure actions or proceedings involving residential real estate or property, whether rental or otherwise, may be initiated between the period from the date of this Executive Order until the state of emergency has terminated; and any applicable statute in connection therewith is hereby suspended for any such actions or proceedings as described above.

Enforcement: Suspension of statutes governing eviction and foreclosure filings; Ind. Code ch. 10-14-3

Citation: Governor Eric J. Holcomb, Executive Order 20-06 (Mar. 19, 2020) (Ex. IN-005) Open the exhibit

Ex. IN-007
Executive Order 20-09

Relating to the Continuity of Operation of Government

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 23, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Telework mandateCourts and public offices
Functions reached
CT courts, agencies and recorders; DM motor-vehicle offices; HR credentialing (license expirations); OF telework
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

For a period of two weeks, beginning at 5:00 p.m. today, March 23, 2020, and continuing until 8:00 a.m. on April 7, 2020, access to all state government buildings, offices and facilities by the public will be restricted to only those members of the public needing to conduct services essential to public health and safety and which cannot otherwise be conducted electronically, telephonically and/or delayed... The executive head of each state agency (as defined by Ind. Code 4-2-6-1(a)(2)) shall require all personnel, unless the employee's physical presence is required to perform an essential function, to work remotely via telework.... The expiration of any state agency-issued license, certification or permit which has expired during, or is set to expire during, this public health emergency shall be extended automatically to Friday, May 22, 2020.

Enforcement: Directive to State agency heads; Ind. Code ch. 10-14-3

Citation: Governor Eric J. Holcomb, Executive Order 20-09 (Mar. 23, 2020) (Ex. IN-007) Open the exhibit

Ex. IN-009
Executive Order 20-11

Relating to Carryout Consumption of Alcohol

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 23, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Alcohol and bars
Functions reached
BA bar and alcohol service; TO takeout and delivery
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

Executive Order 20-11 which authorizes establishments holding permits to sell for on-premise consumption issued by the ATC to sell alcoholic beverages for carryout only and further eliminates the requirements that at least 60% of alcoholic beverages be sold for on-premises consumption (as summarized in EO 20-14 ¶ 3; the carryout authorization 'extends only to alcoholic beverages in sealed bottles or containers and does not extend to selling mixed drinks')

Enforcement: ATC permit conditions

Citation: Governor Eric J. Holcomb, Executive Order 20-11 (Mar. 23, 2020) (Ex. IN-009) Open the exhibit

Ex. IN-075
Order, No. 20S-CB-123 (Mar. 23, 2020)

Order declaring an emergency in the Supreme Court and Clerk of Courts; tolling appellate deadlines; suspending in-person filing

Indiana Supreme Court, Indiana (Court)

Dates
In force from Mar. 23, 2020 to Dec. 31, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Courts and public offices
Functions reached
CT courts and clerks; PJ projects dependent on litigation timelines
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

Consistent with the exigencies of this developing emergency, Governor Holcomb today issued Executive Order 20-08 implementing significant new statewide restrictions... Being duly advised, the Court on its own motion DECLARES that an emergency exists in the Indiana Supreme Court and Clerk of Courts and ORDERS as follows... 1. The Court hereby tolls all laws, rules, and procedures setting time limits for appellate filings through April 6, 2020... 2. The Court suspends Appellate Rule 23(A)(1), regarding filing by personal delivery to the Clerk or the 'rotunda filing drop box.'

Enforcement: Supreme Court order

Citation: Indiana Supreme Court, Order, No. 20S-CB-123 (Mar. 23, 2020) (Ex. IN-075) Open the exhibit

Ex. IN-010
Executive Order 20-12

Further Provisions for Helping Hoosiers During the COVID-19 Public Health Emergency

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 26, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Schools and child careHealth care ordersOther
Functions reached
WF workforce (unemployment; child care); HR; CB
Grade
Primary source read
Days in this quarter
97 (in force on the last day)

Suspension of the one (1) week waiting period before paying unemployment benefits to claimants as required by Ind. Code § 22-4-14-4. This suspension shall be retroactive to March 8, 2020.... Waiver of time and sibling requirements on a child care home found in Ind. Code § 12-17.2-5-6.3(b)(1) to allow increased care to be provided to school age children.... Suspension of the requirement of a 1:6 ratio of pharmacist to pharmacy technician... and authorize a ratio of 1:8.

Enforcement: Regulatory suspensions

Citation: Governor Eric J. Holcomb, Executive Order 20-12 (Mar. 26, 2020) (Ex. IN-010) Open the exhibit

Ex. IN-013
Executive Order 20-15

Additional Directives Regarding Governmental Functions

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 31, 2020 to Sept. 29, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Events and venuesOther
Functions reached
SP sports and racing; EVT
Grade
Primary source read
Days in this quarter
92 (in force on the last day)

Suspensions of Ind. Code 4-31-5-9 & 10 and 4-31-2-10.5 and any related rules setting the required number of live race days, setting the end date of racing, and setting minimum and maximum number of races... I authorize the Indiana Horse Racing Commission to approve alternate schedules and number of races on a given day for the remainder of this calendar year.

Enforcement: Regulatory suspension

Citation: Governor Eric J. Holcomb, Executive Order 20-15 (Mar. 31, 2020) (Ex. IN-013) Open the exhibit

Ex. IN-014
Executive Order 20-16

Education Matters and COVID-19

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Apr. 2, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Schools and child care
Functions reached
WF workforce (parents of school-age children); IN in-person instruction; RL remote learning; FS food service (pick-up only)
Grade
Primary source read
Days in this quarter
90 (in force on the last day)

All K-12 schools in Indiana shall provide instruction via remote learning for the remainder of the 2019-2020 school year (School Year). Schools shall not conduct in-person instruction for the remainder of the School Year, and school buildings shall remain closed except for the purposes described in Executive Orders 20-04, 20-05, 20-08, and as may be described in any future Executive Orders.

Enforcement: IDOE plan approval (plans due Apr. 17, 2020); Ind. Code ch. 10-14-3

Citation: Governor Eric J. Holcomb, Executive Order 20-16 (Apr. 2, 2020) (Ex. IN-014) Open the exhibit

Ex. IN-076
Order, No. 20S-CB-123 (Apr. 3, 2020)

Order extending all Administrative Rule 17 emergency relief through May 4, 2020; directing review of jury-trial suspensions; barring new writs of attachment and body attachments

Indiana Supreme Court, Indiana (Court)

Dates
In force from Apr. 3, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Courts and public offices
Functions reached
CT; SV collections (writs of attachment barred); CL
Grade
Primary source read
Days in this quarter
89 (in force on the last day)

The effective date of all orders granting emergency relief to trial courts under Administrative Rule 17, including but not limited to tolling of time limits and authority to continue jury trials (if such authority was previously granted), is extended through May 4, 2020 (or the date initially granted, whichever is later), or the expiration of the public emergency as declared by the Governor, whichever is later.... Absent an emergency basis to be determined by the court, courts shall issue no new writs of attachment, civil bench warrants, or body attachments pursuant to Trial Rule 64 until the expiration of the public health emergency.

Enforcement: Supreme Court order; Exhibit A lists every county's AR 17 case number

Citation: Indiana Supreme Court, Order, No. 20S-CB-123 (Apr. 3, 2020) (Ex. IN-076) Open the exhibit

Ex. IN-015
Executive Order 20-17

Renewal of Public Health Emergency Declaration for COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Apr. 5, 2020 to May 5, 2020 (issued Apr. 3, 2020)
Quarters
2020 Q2
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31

This public health disaster emergency declaration shall now expire on May 5, 2020, unless further renewed.... This renewal of Executive Order 20-02 shall become effective on April 5, 2020.... [all prior COVID executive orders] remain in effect unless they specifically provide that they expire at a date prior to May 5, 2020.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 20-17 (Apr. 3, 2020) (Ex. IN-015) Open the exhibit

Ex. IN-017
Executive Order 20-19

Additional Directives to Manage Indiana's Health Care Response During the COVID-19 Public Health Emergency

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Apr. 7, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Health care ordersOther
Functions reached
HC in-home visits; WF workforce (FFCRA leave exemption); HR credentialing
Grade
Primary source read
Days in this quarter
85 (in force on the last day)

Ind. Code 16-27-1-16 is waived to allow a home health agency to accept written orders for home health services from any licensed physician, nurse practitioner, clinical nurse specialist or physician assistant... Solely for purposes of the Families First Coronavirus Response Act, any employee of any provider of support to people with intellectual and developmental disabilities, older adults, or individuals with mental health needs... is considered a health care provider vital to Indiana's response to COVID-19.

Enforcement: Regulatory waiver; FFCRA health-care-provider designation

Citation: Governor Eric J. Holcomb, Executive Order 20-19 (Apr. 7, 2020) (Ex. IN-017) Open the exhibit

Ex. IN-018
Executive Order 20-20

Additional Education Matters and COVID-19

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Apr. 10, 2020 to Nov. 30, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Schools and child care
Functions reached
EC extended care and child care; IN instruction; HR (teacher licensing)
Grade
Primary source read
Days in this quarter
82 (in force on the last day)

The requirements of Ind. Code § 20-26-5-2 are suspended to the extent this provision requires a school to conduct a school age child care program for the current School Year.... The requirements set forth in Ind. Code § 20-34-3-20 are hereby suspended to the extent this provision requires each school corporation to conduct and report emergency preparedness drills for the School Year.

Enforcement: Regulatory suspension

Citation: Governor Eric J. Holcomb, Executive Order 20-20 (Apr. 10, 2020) (Ex. IN-018) Open the exhibit

Ex. IN-019
Executive Order 20-21

Additional Directives to Manage Indiana's Health Care Response During the COVID-19 Public Health Emergency, to Implement the CARES Act and to Extend Other Portions of County Property Tax Bills

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Apr. 15, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Health care ordersOther
Functions reached
HR credentialing and training; CB (property-tax fee relief)
Grade
Primary source read
Days in this quarter
77 (in force on the last day)

To the extent in-person or live continuing education requirements cannot be met for calendar year 2020 due to social distancing requirements imposed under the public health emergency or to the cancellation or postponement of courses during the public health emergency, any credit-hour limitations on distance education courses in the following statutes are waived Ind. Code 25-33-2-2 for Psychologists, Ind. Code 25-14-3-8 for Dentists and Ind. Code 25-13-2-6 for Dental Hygienists.

Enforcement: Regulatory waiver

Citation: Governor Eric J. Holcomb, Executive Order 20-21 (Apr. 15, 2020) (Ex. IN-019) Open the exhibit

Ex. IN-021
Executive Order 20-23

Additional Relief for the Business Community and Additional Health Directives in Response to the COVID-19 Public Health Emergency

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Apr. 23, 2020 to Sept. 29, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Alcohol and barsOther
Functions reached
OF administration (meetings); MK events (annual meetings); HR (unemployment adjudication staffing)
Grade
Primary source read
Days in this quarter
69 (in force on the last day)

The relevant provisions of Ind. Code 23-1-29-1, 23-17-10-1 & 23-17-15-1 are suspended to allow... Remote Meetings of Shareholders... Remote Meetings for Nonprofit Corporations... if the conduct of a meeting of its members, board of directors, or committees of the board of directors to be in held in person at a physical location is not permitted or advisable as a result of the public health threat caused by the COVID-19 pandemic... such meeting may be properly held using any means of communication by which all members or directors... may simultaneously hear each other

Enforcement: Regulatory suspension

Citation: Governor Eric J. Holcomb, Executive Order 20-23 (Apr. 23, 2020) (Ex. IN-021) Open the exhibit

Ex. IN-022
Executive Order 20-24

Resumption of Elective and Non-Urgent Medical Procedures

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Apr. 26, 2020 to June 30, 2020 (issued Apr. 24, 2020)
Quarters
2020 Q2
Limitations
Health care orders
Functions reached
SX; PR dental procedures; CH; OC
Grade
Primary source read
Days in this quarter
66 (in force on the last day)

Elective Procedures may resume as of 11:59 p.m. on Sunday, April 26, 2020. Health care providers and facilities may resume these procedures so long as they have adopted policies and best practices that protect patients, physicians and staff against COVID-19 and also have sufficient quantities of PPE.

Enforcement: Condition on resumption; Ind. Code ch. 10-14-3

Citation: Governor Eric J. Holcomb, Executive Order 20-24 (Apr. 24, 2020) (Ex. IN-022) Open the exhibit

Ex. IN-023
Executive Order 20-25

Renewal of Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from May 5, 2020 to June 4, 2020 (issued May 1, 2020)
Quarters
2020 Q2
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31

This public health disaster emergency declaration shall now expire on June 4, 2020, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 20-25 (May 1, 2020) (Ex. IN-023) Open the exhibit

Ex. IN-025
Executive Order 20-27

Additional Directives in Response to the COVID-19 Public Health Emergency

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from May 8, 2020 to June 4, 2020
Quarters
2020 Q2
Limitations
Courts and public officesOther
Functions reached
DM motor-vehicle offices, titles and registrations; HR credentialing
Grade
Primary source read
Days in this quarter
28

The Commissioner shall further extend deadlines for renewal of driver's license or identification cards, vehicle registration renewals, title transactions, salvage titles, and off-road vehicle and snowmobile titles by suspending the imposition of administrative penalty fees (late fees) through June 4, 2020... The expiration of any state agency-issued license, certification or permit which has expired during, or is set to expire during, this public health emergency shall be further extended automatically to June 4, 2020

Enforcement: Directive to agencies; law enforcement asked to suspend enforcement against expired credentials

Citation: Governor Eric J. Holcomb, Executive Order 20-27 (May 8, 2020) (Ex. IN-025) Open the exhibit

Ex. IN-077
Order Extending Time for Expanding Trial Court Operations, No. 20S-CB-123 (May 13, 2020)

Order requiring trial-court transition plans by May 30, 2020 and extending all AR 17 relief through May 30, 2020

Indiana Supreme Court, Indiana (Court)

Dates
In force from May 13, 2020 to May 30, 2020
Quarters
2020 Q2
Limitations
Courts and public offices
Functions reached
CT
Grade
Primary source read
Days in this quarter
18

1. Trial courts shall submit their transition plans for expanded operations and submit those plans for this Court's approval no later than May 30, 2020.... 2. The effective date of all orders granting emergency relief to trial courts under Administrative Rule 17 is extended through May 30, 2020

Enforcement: Supreme Court approval of each court's transition plan

Citation: Indiana Supreme Court, Order Extending Time for Expanding Trial Court Operations, No. 20S-CB-123 (May 13, 2020) (Ex. IN-077) Open the exhibit

Ex. IN-082
Bulletin 252

COVID-19 bulletin: moratorium on policy cancellations and non-renewals; cost-sharing for testing; licensure suspensions

Indiana Department of Insurance (Commissioner Stephen W. Robertson), Indiana (Sector regulator)

Dates
In force from May 18, 2020 to May 18, 2020 (issued Mar. 26, 2020)
Quarters
2020 Q2
Limitations
Health care ordersOther
Functions reached
IN insurance (grace periods; cancellations); CB payers; HR (producer CE extended)
Grade
Primary source read
Days in this quarter
1

The IDOI requests all insurance companies and HMOs in Indiana to institute a moratorium on policy cancellations and non-renewals of any insurance policy in effect for a policyholder in Indiana to allow a grace period for any policyholder in Indiana for a period of 60-days for any premium payment due from March 19, 2020 to May 18, 2020.... Insurers and HMOs must cover testing services and treatment for COVID-19, and waive cost-sharing amounts, including deductibles, copayments, and coinsurance for COVID-19 testing or treatment... Insurers and HMOs must waive any prior authorization for COVID-19 testing services and treatment

Enforcement: Departmental bulletin implementing EO 20-05 and the FFCRA; 60-day grace period applied to the Department's own licensing and premium-tax deadlines

Citation: Indiana Department of Insurance (Commissioner Stephen W. Robertson), Bulletin 252 (Mar. 26, 2020) (Ex. IN-082) Open the exhibit

Ex. IN-078
Order Extending Trial Courts' Emergency Tolling Authority and Setting Expiration of Other Emergency Orders, No. 20S-CB-123 (May 29, 2020)

Order authorizing tolling of all time limits through Aug. 14, 2020; no interest during the tolled period; expiration dates for the writ prohibition and remote-proceedings orders

Indiana Supreme Court, Indiana (Court)

Dates
In force from May 29, 2020 to Dec. 31, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Courts and public offices
Functions reached
CT; SV collections, foreclosure and judgment enforcement; CL; ML mortgage lending (interest during tolled period)
Grade
Primary source read
Days in this quarter
33 (in force on the last day)

The Court authorizes the tolling, through August 14, 2020, of all laws, rules, and procedures setting time limits for speedy trials in criminal and juvenile proceedings; public health and mental health matters; all judgments, support, and other orders; and in all other civil and criminal matters before Indiana trial courts. Further, no interest shall be due or charged during this tolled period.... Unless further extended by order of this Court, the prohibition on issuing or serving writs of attachment, civil bench warrants, or body attachments pursuant to Trial Rule 64 shall expire at 12:01 a.m. on August 15, 2020.

Enforcement: Supreme Court order; the Court found 'the courts will face a backlog of cases'

Citation: Indiana Supreme Court, Order Extending Trial Courts' Emergency Tolling Authority and Setting Expiration of Other Emergency Orders, No. 20S-CB-123 (May 29, 2020) (Ex. IN-078) Open the exhibit

Ex. IN-027
Executive Order 20-29

First Amendment to Executive Orders 20-26 and 20-28

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from May 31, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Travel and quarantineCurfew and hoursOther
Functions reached
CB (local curfews and travel restrictions permitted); SF; DR
Grade
Primary source read
Days in this quarter
31 (in force on the last day)

Paragraphs 36(b) and 23(b) of Executive Orders 20-26 & 20-28, respectively, both of which pertain to local declarations of emergency and provide that '[n]o local unit of government and/or political subdivision may restrict travel within their jurisdiction above a Travel Watch status,' are hereby terminated and rescinded for the period from and after the effective date of this Executive Order 20-29.

Enforcement: Removes the sole State limit on local travel restrictions and curfews

Citation: Governor Eric J. Holcomb, Executive Order 20-29 (May 31, 2020) (Ex. IN-027) Open the exhibit

Ex. IN-029
Executive Order 20-31

Additional Extensions of Time in Response to the COVID-19 Public Health Emergency

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from June 3, 2020 to June 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Alcohol and barsOther
Functions reached
DR; BA; HR credentialing
Grade
Primary source read
Days in this quarter
28 (in force on the last day)

The relevant provisions of the following statutes are suspended to the extent necessary to lower the statutorily-required annual food sales amounts for alcoholic beverage permittees whose businesses were required to close and/or reduce in-person dining to an amount proportional to the length of the public health emergency, as follows: i) For permittees required to provide gross food sales pursuant to Ind. Code 7.1-3-20-14, gross food sales must be $66,600

Enforcement: Regulatory suspension (ATC permit conditions)

Citation: Governor Eric J. Holcomb, Executive Order 20-31 (June 3, 2020) (Ex. IN-029) Open the exhibit

Ex. IN-028
Executive Order 20-30

Renewal of Public Health Emergency Declaration for the COVID-19 Outbreak (third renewal)

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from June 4, 2020 to July 4, 2020 (issued June 3, 2020)
Quarters
2020 Q22020 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
27 (in force on the last day)

This public health disaster emergency declaration shall now expire on July 4, 2020, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 20-30 (June 3, 2020) (Ex. IN-028) Open the exhibit

Ex. IN-031
Executive Order 20-33

Further Extensions of Prior Directives

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from June 30, 2020 to July 31, 2020
Quarters
2020 Q22020 Q3
Limitations
Health care ordersCourts and public officesOther
Functions reached
PM property management; SV servicing and collections; CL closings
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

the prohibition on filing eviction actions or proceedings involving residential rental property, as provided for in Executive Order 20-06 and as extended by Executive Order 20-28 to June 30, 2020, is further extended to July 31, 2020, after which time it shall expire.... Utilities regulated by the Indiana Utility Regulatory Commission (IURC) must follow the relevant order in Cause Number 45377 issued June 29, 2020, by the IURC.... The prohibition on discontinuing utility services as provided for in Executive Order 20-05 and extended to June 30, 2020, in Executive Order 20-28 is further extended until August 14, 2020.

Enforcement: Suspension of filing statutes; IURC order for regulated utilities

Citation: Governor Eric J. Holcomb, Executive Order 20-33 (June 30, 2020) (Ex. IN-031) Open the exhibit

Agencies, boards and authorities: Indiana

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082
IDOC 'Comprehensive Response to COVID-19' page (as archived Sept. 21, 2020), linking Executive Directive 20-20 (Pandemic Response) and the IDOC and Wexford COVID-19 Protocol

Executive Directive 20-20 authorizing the Department's Pandemic Preparedness and Response Plan, 'effective immediately and... applicable to all Department staff, facilities, visitors, offenders, and youth'; joint screening and treatment protocol with Wexford, the contract medical provider; CDC correctional guidance adopted

Indiana Department of Correction (Commissioner Robert E. Carter, Jr.), Indiana Department of Correction; State level (State)

Dates
In force from Mar. 13, 2020 to Mar. 31, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Gathering capHealth care ordersWorkplace rules
Functions reached
EMP contract medical provider's staff bound by the joint protocol; VS visitors; VL volunteers
Grade
Confirmed from a secondary source
Days in this quarter
110 (the whole quarter)

Commissioner Directive for Pandemic Response: This Executive Directive presents and authorizes the Indiana Department of Correction's Pandemic Preparedness and Response Plan. The Plan is effective immediately and is applicable to all Department staff, facilities, visitors, offenders, and youth. IDOC & Wexford COVID-19 Protocol: The Indiana Department of Correction (IDOC) and Wexford, the contact medical service provider to the IDOC, have been working closely on screening and treatment protocols for any IDOC or Wexford staff, or any offender housed at an IDOC facility

Enforcement: Executive Directive binding on staff, visitors and the contract medical provider (Ind. Code § 11-8-2-5)

Citation: Indiana Department of Correction (Commissioner Robert E. Carter, Jr.), IDOC 'Comprehensive Response to COVID-19' page (as archived Sept. 21, 2020), linking Executive Directive 20-20 (Pandemic Response) and the IDOC and Wexford COVID-19 Protocol (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082) 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):

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

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

State of Indiana

Ex. IN-033
Executive Order 20-35

Back on Track Indiana: Stage 4.5

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from July 3, 2020 to July 17, 2020 (issued July 1, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementEvents and venuesCourts and public officesWorkplace rules
Functions reached
MC meetings and conventions (250); AM (50 percent); GATH (250); SP racino spectators (50 percent); CT (appointment only); WF
Grade
Primary source read
Days in this quarter
15

All Indiana counties, except Elkhart county, will transition to Stage 4.5 at 11:59 p.m. on Friday, July 3, 2020.... All individuals in counties designated at, or transitioning into, Stage 4.5 shall follow the directives in Executive Order 20-32 as modified by this Executive Order.... In Stage 4.5, fairs, festivals, parades and other places of public amusement may resume, and if indoor, participants may not exceed 50% of occupancy... In Stage 4.5, conventions may resume but are subject to the 'Gatherings and Meetings' requirements of ¶ 13 in Executive Order 20-32, specifically a convention may have up to two hundred fifty (250) people per site or venue... Public access to all state government buildings, offices and facilities throughout the state may be restricted to appointment only. State employees, contractors and vendors must wear face coverings in all indoor public areas of state…

Enforcement: EO 20-32 ¶ 22 continued (IOSHA; health and law enforcement; Class B misdemeanor recital)

Citation: Governor Eric J. Holcomb, Executive Order 20-35 (July 1, 2020) (Ex. IN-033) Open the exhibit

Ex. IN-034
Executive Order 20-36

Back on Track Indiana: Continuation of Stage 4.5

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from July 17, 2020 to July 31, 2020 (issued July 16, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capEvents and venues
Functions reached
GATH (250); MK events and shows; MC conventions; PE performances; SP competitions
Grade
Primary source read
Days in this quarter
15

All gatherings and meetings, including social gatherings, are limited to no more than 250 people.... Special or seasonal events scheduled to occur on or after July 23, 2020, and where the total attendance is expected to exceed 250 individuals, must have an event plan approved by local health officials before proceeding.... Local Health Department Approval: Local health departments must review and approve/disapprove event plans.

Enforcement: EO 20-32 ¶ 22 continued; event planners must staff compliance monitoring

Citation: Governor Eric J. Holcomb, Executive Order 20-36 (July 16, 2020) (Ex. IN-034) Open the exhibit

Ex. IN-085
Bloomington Resolution 20-11 (passed 9-0, July 22, 2020) supporting the Monroe County Health Department Public Health Order of July 17, 2020, the Board of Health Public Health Regulation of July 21, 2020 and Mayor's Executive Order 20-02 of July 20, 2020

Monroe County face-covering order (effective July 17, 2020) and regulations on gathering size and service in bars, restaurants and nightclubs (effective July 31, 2020 countywide; July 23, 2020 in Bloomington)

Common Council of the City of Bloomington (Resolution 20-11), reciting orders of the Monroe County Health Department (July 17, 2020), the Monroe County Board of Health (regulation of July 21, 2020) and Mayor John Hamilton (Executive Order 20-02 of July 20, 2020), City of Bloomington and Monroe County, Indiana (City)

Dates
In force from July 17, 2020 to July 27, 2020 (issued July 22, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementAlcohol and bars
Functions reached
SF; DR; BA; GATH; CB
Grade
Primary source read
Days in this quarter
11

on July 17, 2020, in light of the ongoing COVID-19 pandemic, the Monroe County Health Department issued a public health order that requires face coverings be worn in certain circumstances effective July 17, 2020, and that new regulations regarding the size of gatherings and service in bars, restaurants, and nightclubs be in effect July 31, 2020; and... on July 20, 2020, Mayor Hamilton issued Executive Order 20-02 stating that the City wholeheartedly supports the provisions of the County order but moves the effective date of the new regulations on the size of gatherings and service in bars, restaurants, and nightclubs to July 23, 2020

Enforcement: County health order and Board of Health regulation under Ind. Code ch. 16-20-1; city executive order

Citation: Common Council of the City of Bloomington (Resolution 20-11), reciting orders of the Monroe County Health Department (July 17, 2020), the Monroe County Board of Health (regulation of July 21, 2020) and Mayor John Hamilton (Executive Order 20-02 of July 20, 2020), Bloomington Resolution 20-11 (passed 9-0, July 22, 2020) supporting the Monroe County Health Department Public Health Order of July 17, 2020, the Board of Health Public Health Regulation of July 21, 2020 and Mayor's Executive Order 20-02 of July 20, 2020 (Ex. IN-085) Open the exhibit

Ex. IN-037
Executive Order 20-39

Back on Track Indiana: Second Continuation of Stage 4.5

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from July 31, 2020 to Aug. 27, 2020 (issued July 30, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careEvents and venuesCourts and public offices
Functions reached
GATH (250); MC; PM property management (moratorium to Aug. 14); SV; IN instruction
Grade
Primary source read
Days in this quarter
28

All Indiana counties will adhere to the directives of Stage 4.5 until 12:01 a.m. on Saturday, August 27, 2020.... the prohibition on filing eviction actions or proceedings involving residential rental property, as initially provided for in Executive Order 20-06 and as extended by Executive Orders 20-28 & 20-33 is further extended to August 14, 2020.... evictions for nonpayment of rent are not permitted until on or after August 15, 2020.... Paragraph 6 of Executive Order 20-37 (Face Covering Requirement) is rescinded and is superseded by the following provisions [K-12 masks; classrooms with three feet and students facing the same direction exempt for students]

Enforcement: EO 20-32 ¶ 22 continued; schools responsible for enforcement plans

Citation: Governor Eric J. Holcomb, Executive Order 20-39 (July 30, 2020) (Ex. IN-037) Open the exhibit

Ex. IN-040
Executive Order 20-42

Third Continuation of Stage 4.5 of Indiana's Back on Track

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Aug. 27, 2020 to Sept. 25, 2020 (issued Aug. 26, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementEvents and venues
Functions reached
GATH (250); DR (75 percent); BA (50 percent); PE and AM (50 percent); FC (50 percent); MC (250); MASK all functions
Grade
Primary source read
Days in this quarter
30

All Indiana counties will continue to adhere to the directives of Stage 4.5 for an additional thirty (30) days until 11:59 p.m. on Friday, September 25, 2020.... All Indiana counties will adhere to the directives of Executive Order 20-37 (Face Covering Requirement) for an additional thirty (30) days until 11:59 p.m. on Friday, September 25, 2020.

Enforcement: EO 20-32 ¶ 22 and EO 20-37 ¶ 5 continued

Citation: Governor Eric J. Holcomb, Executive Order 20-42 (Aug. 26, 2020) (Ex. IN-040) Open the exhibit

Ex. IN-041
Executive Order 20-43

Back on Track Indiana: Stage Five - The New Normal During a Global Pandemic

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Sept. 26, 2020 to Oct. 17, 2020 (issued Sept. 24, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rules
Functions reached
DR (seated; six feet); BA (seated); MK events (500 plan); MC conventions; EMP (plan); MASK all customer-facing functions; IN instruction (masks); CB
Grade
Primary source read
Days in this quarter
5 (in force on the last day)

During Stage 5, every individual within the State of Indiana shall wear a face covering over the nose and mouth when: i) inside a business, a public building, or other indoor place open to the public... All businesses and entities continuing operations or resuming full operations are required to develop a plan to implement measures and institute safeguards... The business plan must be provided to each employee or staff and posted publicly.... Previously issued capacity limits for restaurants, bars, taverns, nightclubs and other establishments providing in-person food and/or drink service are rescinded and are replaced with the following requirements: i) all patrons must remain seated while consuming food and/or drink or when otherwise remaining on the premises; and ii) seating must be arranged and maintained so that individuals, households, or parties are spaced at least six feet apart…

Enforcement: ¶ 7: IOSHA; ISDH, local boards of health, other officials and law enforcement; cease, closure, revocation-referral and prosecutor-referral steps

Citation: Governor Eric J. Holcomb, Executive Order 20-43 (Sept. 24, 2020) (Ex. IN-041) Open the exhibit

Ex. IN-032
Executive Order 20-34

Fourth Renewal of Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from July 4, 2020 to Aug. 3, 2020 (issued July 1, 2020)
Quarters
2020 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31

This renewal of the COVID-19 public health emergency shall become effective on July 4, 2020, and shall now expire on August 3, 2020, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 20-34 (July 1, 2020) (Ex. IN-032) Open the exhibit

Ex. IN-035
Executive Order 20-37

Face Covering Requirement

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from July 27, 2020 to June 30, 2021 (issued July 24, 2020)
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementSchools and child careWorkplace rules
Functions reached
SF; DR; SL; FC; OF (indoor public areas); WF; CB; IN in-person instruction
Grade
Primary source read
Days in this quarter
66 (in force on the last day)

every individual within the State of Indiana shall wear a face covering over the nose and mouth when: a. inside a business, public building, or other indoor place open to the public. This does not extend, however, to private offices, private workspaces or meetings in which six feet of social distancing can be achieved and maintained between people not in the same household; b. in an outdoor public space wherever it is not feasible to maintain six feet of social distancing from another person not in the same household; or c. using public transportation or while in a taxi, private car service, or ride-sharing vehicle; unless an exemption outlined in ¶ 4 below applies or when in a private residence.... all public and private K-12 educational institutions shall require all students in grades 3-12 regardless of age, all faculty, all staff, all vendors, all contractors, all volunteers, and all…

Enforcement: ¶ 5: 'State and local health departments shall be responsible for enforcing compliance through education'; no criminal penalty (the misdemeanor provision of the draft was omitted from the signed order); ¶ 2 preserves the mandatory employee face-covering directives for restaurants, bars, gyms and personal-service businesses 'for the duration of the public health emergency'; schools responsible for…

Citation: Governor Eric J. Holcomb, Executive Order 20-37 (July 24, 2020) (Ex. IN-035) Open the exhibit

Ex. IN-087
Governor's release, 'Gov. Holcomb Signs Executive Order to Require Face Coverings' (July 24, 2020)

Release announcing the statewide face-covering requirement effective July 27, 2020

Office of Governor Eric J. Holcomb (news release), Indiana (State)

Dates
In force from July 27, 2020 to Sept. 30, 2020 (issued July 24, 2020)
Quarters
2020 Q3
Limitations
Face-covering requirement
Functions reached
MASK all functions
Grade
Confirmed from a secondary source
Days in this quarter
66 (in force on the last day)

(Release describing EO 20-37; the operative text is at Ex. IN-035.)

Enforcement: See Ex. IN-035

Citation: Office of Governor Eric J. Holcomb (news release), Governor's release, 'Gov. Holcomb Signs Executive Order to Require Face Coverings' (July 24, 2020) (Ex. IN-087) Open the exhibit

Ex. IN-036
Executive Order 20-38

Fifth Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Aug. 3, 2020 to Sept. 2, 2020 (issued July 30, 2020)
Quarters
2020 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31

This renewal of the COVID-19 public health emergency shall become effective on August 3, 2020, and shall now expire on September 2, 2020, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 20-38 (July 30, 2020) (Ex. IN-036) Open the exhibit

Ex. IN-038
Executive Order 20-40

Child Care Matters and COVID-19

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Aug. 27, 2020 to June 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Schools and child careOther
Functions reached
WF workforce (children in remote learning); EC extended care
Grade
Primary source read
Days in this quarter
35 (in force on the last day)

the relevant provisions of Ind. Code 12-7-2-28.6 and 12-17.2-2-8(8)(C) are suspended for any child care setting not currently licensed, only to the extent necessary to permit in-person supervision in a physical location for remote or e-learning for no more than 10 school-age children in a residential structure on school days provided such school-age children are participating in remote or e-learning.

Enforcement: Regulatory suspension (FSSA licensing)

Citation: Governor Eric J. Holcomb, Executive Order 20-40 (Aug. 27, 2020) (Ex. IN-038) Open the exhibit

Ex. IN-039
Executive Order 20-41

Sixth Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Sept. 2, 2020 to Oct. 2, 2020 (issued Aug. 26, 2020)
Quarters
2020 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
29 (in force on the last day)

This renewal of the COVID-19 public health emergency shall become effective on September 2, 2020, and shall now expire on October 2, 2020, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 20-41 (Aug. 26, 2020) (Ex. IN-039) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. IN-030Governor Eric J. Holcomb, Executive Order 20-32 (June 11, 2020) (Ex. IN-030)In force from June 12, 2020 to July 3, 2020 (issued June 11, 2020)Business closureTelework mandateCapacity limitGathering capSchools and child careEvents and venuesCourts and public officesWorkplace rules
Ex. IN-090Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090)In force from Mar. 23, 2020 to June 30, 2021 (issued July 1, 2021)Business closureCapacity limitAlcohol and bars
Ex. IN-008Governor Eric J. Holcomb, Executive Order 20-10 (Mar. 23, 2020) (Ex. IN-008)In force from Mar. 23, 2020 to Sept. 30, 2020Business closureAlcohol and bars
Ex. IN-011Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. IN-011)In force from Apr. 1, 2020 to Sept. 30, 2021 (issued Mar. 30, 2020)Business closureHealth care orders
Ex. IN-084Indiana Gaming Commission (Executive Director Sara Gonso Tait), Health and Safety Guidelines for Reopening of Casino Operations (Phase One), last updated May 14, 2020 (Ex. IN-084)In force from June 15, 2020 to Sept. 30, 2020 (issued May 14, 2020)Capacity limitHealth care ordersWorkplace rules
Ex. IN-001Governor Eric J. Holcomb, Executive Order 20-02 (Mar. 6, 2020) (Ex. IN-001)In force from Mar. 6, 2020 to Mar. 3, 2022Emergency declaration
Ex. IN-074Indiana Supreme Court (Rush, C.J.), Order, In re Administrative Rule 17 Emergency Relief for Indiana Trial Courts Relating to the 2019 Novel Coronavirus (COVID-19), No. 20S-CB-123 (Mar. 16, 2020) (Ex. IN-074)In force from Mar. 16, 2020 to Sept. 30, 2020Courts and public offices
Ex. IN-004Governor Eric J. Holcomb, Executive Order 20-05 (Mar. 19, 2020) (Ex. IN-004)In force from Mar. 19, 2020 to June 30, 2021Schools and child careHealth care ordersCourts and public officesOther
Ex. IN-005Governor Eric J. Holcomb, Executive Order 20-06 (Mar. 19, 2020) (Ex. IN-005)In force from Mar. 19, 2020 to Aug. 14, 2020Courts and public officesOther
Ex. IN-007Governor Eric J. Holcomb, Executive Order 20-09 (Mar. 23, 2020) (Ex. IN-007)In force from Mar. 23, 2020 to Sept. 30, 2020Telework mandateCourts and public offices
Ex. IN-009Governor Eric J. Holcomb, Executive Order 20-11 (Mar. 23, 2020) (Ex. IN-009)In force from Mar. 23, 2020 to June 30, 2021Alcohol and bars
Ex. IN-075Indiana Supreme Court, Order, No. 20S-CB-123 (Mar. 23, 2020) (Ex. IN-075)In force from Mar. 23, 2020 to Dec. 31, 2020Courts and public offices
Ex. IN-010Governor Eric J. Holcomb, Executive Order 20-12 (Mar. 26, 2020) (Ex. IN-010)In force from Mar. 26, 2020 to June 30, 2021Schools and child careHealth care ordersOther
Ex. IN-013Governor Eric J. Holcomb, Executive Order 20-15 (Mar. 31, 2020) (Ex. IN-013)In force from Mar. 31, 2020 to Sept. 29, 2020Events and venuesOther
Ex. IN-076Indiana Supreme Court, Order, No. 20S-CB-123 (Apr. 3, 2020) (Ex. IN-076)In force from Apr. 3, 2020 to Sept. 30, 2020Courts and public offices
Ex. IN-017Governor Eric J. Holcomb, Executive Order 20-19 (Apr. 7, 2020) (Ex. IN-017)In force from Apr. 7, 2020 to June 30, 2021Health care ordersOther
Ex. IN-018Governor Eric J. Holcomb, Executive Order 20-20 (Apr. 10, 2020) (Ex. IN-018)In force from Apr. 10, 2020 to Nov. 30, 2020Schools and child care
Ex. IN-019Governor Eric J. Holcomb, Executive Order 20-21 (Apr. 15, 2020) (Ex. IN-019)In force from Apr. 15, 2020 to Sept. 30, 2020Health care ordersOther
Ex. IN-021Governor Eric J. Holcomb, Executive Order 20-23 (Apr. 23, 2020) (Ex. IN-021)In force from Apr. 23, 2020 to Sept. 29, 2020Alcohol and barsOther
Ex. IN-078Indiana Supreme Court, Order Extending Trial Courts' Emergency Tolling Authority and Setting Expiration of Other Emergency Orders, No. 20S-CB-123 (May 29, 2020) (Ex. IN-078)In force from May 29, 2020 to Dec. 31, 2020Courts and public offices
Ex. IN-027Governor Eric J. Holcomb, Executive Order 20-29 (May 31, 2020) (Ex. IN-027)In force from May 31, 2020 to Sept. 30, 2020Travel and quarantineCurfew and hoursOther
Ex. IN-029Governor Eric J. Holcomb, Executive Order 20-31 (June 3, 2020) (Ex. IN-029)In force from June 3, 2020 to June 30, 2020Alcohol and barsOther
Ex. IN-028Governor Eric J. Holcomb, Executive Order 20-30 (June 3, 2020) (Ex. IN-028)In force from June 4, 2020 to July 4, 2020 (issued June 3, 2020)Emergency declaration
Ex. IN-031Governor Eric J. Holcomb, Executive Order 20-33 (June 30, 2020) (Ex. IN-031)In force from June 30, 2020 to July 31, 2020Health care ordersCourts and public officesOther

Agencies, boards and authorities: Indiana

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082Indiana Department of Correction (Commissioner Robert E. Carter, Jr.), IDOC 'Comprehensive Response to COVID-19' page (as archived Sept. 21, 2020), linking Executive Directive 20-20 (Pandemic Response) and the IDOC and Wexford COVID-19 Protocol (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082)In force from Mar. 13, 2020 to Mar. 31, 2021Gathering capHealth care ordersWorkplace rules

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

Federal layer

Ex. FED-031
CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

Ex. FED-303
Standing Order 20-17

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

Enforcement: OMB directive to contracting officers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

ExhibitCitationDatesLimitations
Ex. FED-157CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)In force from May 18, 2020 to Mar. 10, 2021Capacity limitGathering capHealth care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-027Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)In force from Mar. 14, 2020 to Dec. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-390Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)In force from Mar. 17, 2020 to Oct. 22, 2020Business closure
Ex. FED-398U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-154CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)In force from Sept. 17, 2020 to Mar. 10, 2021Gathering capHealth care orders
Ex. FED-030Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)In force from Sept. 30, 2020 to Oct. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-088OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)In force from Mar. 9, 2020 to Jan. 29, 2021Workplace rules
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-006President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)In force from Mar. 13, 2020 to May 11, 2023Emergency declaration
Ex. FED-202President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)Travel and quarantine
Ex. FED-203President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)Travel and quarantine
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-367Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)In force from Mar. 16, 2020 to Apr. 1, 2021Other
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-265Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)In force from Mar. 19, 2020 to Dec. 31, 2020Other
Ex. FED-292Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)In force from Mar. 19, 2020 to July 19, 2021Courts and public offices
Ex. FED-381U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)In force from Mar. 19, 2020 to Dec. 31, 2020Other
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-039Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)In force from Mar. 20, 2020 to Oct. 13, 2020Travel and quarantine
Ex. FED-132President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)In force from Mar. 20, 2020 to May 11, 2023Emergency declaration

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

State of Indiana

Ex. IN-046
Executive Order 20-48

County-Based Measures and Restrictions Based on the Impact and Spread of the Coronavirus Disease (COVID-19)

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Nov. 15, 2020 to Dec. 12, 2020 (issued Nov. 13, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersCurfew and hoursEvents and venuesWorkplace rules
Functions reached
GATH and MK events (250/100/50/25); MC conventions (color caps); BQ banquets; DR (seated, six feet); SF (signage; masks); EMP (plan; masks); AC athletics and activities (25 percent); VS visitation (LTC); DN dining and activities (senior centers cancelled); CB
Grade
Primary source read
Days in this quarter
28

On November 14, 2020, at 11:59 p.m., the measures and restrictions set forth in Executive Order 20-46 (Stage 5) are rescinded.... Every individual within the State of Indiana shall wear a face covering over the nose and mouth when: i) inside a business, a public building, or other indoor place open to the public... All Hoosier businesses are required to place clearly visible signage at their public and employee entrances notifying that face coverings are required for all individuals entering the business.... Businesses shall require employees to wear face coverings... the size of a social gathering, without any approval required, is limited to a county's color-coded metric, as follows: Counties designated as Blue may have up to a total of 250 individuals present. Counties designated as Yellow may have up to a total of 100 individuals present. Counties designated as Orange may have up to…

Enforcement: ¶ 10: IOSHA; ISDH, Indiana Department of Homeland Security, Alcohol and Tobacco Commission, local boards of health and law enforcement; cease, closure, revocation-referral and prosecutor-referral steps; event hosts must staff compliance monitoring

Citation: Governor Eric J. Holcomb, Executive Order 20-48 (Nov. 13, 2020) (Ex. IN-046) Open the exhibit

Ex. IN-048
Executive Order 20-50

Continuation of County-Based Measures and Restrictions Based on the Impact and Spread of the Coronavirus Disease

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Dec. 13, 2020 to Jan. 3, 2021 (issued Dec. 10, 2020)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rules
Functions reached
SX surgery and elective procedures (inpatient postponement); IP inpatient units; GATH and MK (250/100/50/25); MC; DR (seated); SF (signage; masks); EMP; SP (25 percent); AC; CB
Grade
Primary source read
Days in this quarter
19 (in force on the last day)

In order to preserve hospital bed and staffing capacity, for the period beginning December 16, 2020, through January 3, 2021, licensed hospitals are directed to postpone and/or reschedule non-emergent procedures to be performed in an in-patient setting which are unlikely to result in a significant risk to a patient's acute condition or long-term outcome. Non-emergent procedures may resume on January 4, 2021, unless this order is extended or modified.... It is recommended that social gatherings be cancelled or postponed. However, if a social gathering cannot be cancelled or postponed, the host of a social gathering must ensure social distancing requirements can be achieved and maintained, face coverings are worn... the size of a social gathering shall be limited based on a county's color-coded metric, as follows: Counties designated as Blue may have up to a total of 250 individuals…

Enforcement: ¶ 10: IOSHA; ISDH, IDHS, ATC, local boards of health and law enforcement; cease, closure, revocation-referral and prosecutor-referral steps

Citation: Governor Eric J. Holcomb, Executive Order 20-50 (Dec. 10, 2020) (Ex. IN-048) Open the exhibit

Ex. IN-044
Executive Order 20-46

Back on Track Indiana: Stage Five Continued

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Oct. 18, 2020 to Nov. 14, 2020 (issued Oct. 15, 2020)
Quarters
2020 Q4
Limitations
Gathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rules
Functions reached
DR (seated); BA; MK (500 plan); EMP; MASK; IN
Grade
Primary source read
Days in this quarter
28

On October 18, 2020, at 12:01 a.m. all individuals, businesses, entities and counties in the State shall remain in Stage 5 until 11:59 p.m. Saturday, November 14, 2020, unless extended, modified or rescinded by me. All directives in Executive Order 20-43 (Stage 5) are continued and extended through November 14, 2020.

Enforcement: EO 20-43 ¶ 7 continued

Citation: Governor Eric J. Holcomb, Executive Order 20-46 (Oct. 15, 2020) (Ex. IN-044) Open the exhibit

Ex. IN-043
Executive Order 20-45

Renewal of Certain Directives and Rescission of Other Directives Issued in Response to the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Sept. 29, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Health care ordersOther
Functions reached
HR credentialing and travel staff
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

any individual in the below categories who received an initial and/or subsequent 90-day temporary authorization to provide health care in the State of Indiana in response to this public health emergency... is granted an additional 90-day authorization to continue to provide health care services during this public health emergency.

Enforcement: Regulatory waiver

Citation: Governor Eric J. Holcomb, Executive Order 20-45 (Sept. 29, 2020) (Ex. IN-043) Open the exhibit

Ex. IN-042
Executive Order 20-44

Seventh Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Oct. 2, 2020 to Nov. 1, 2020 (issued Sept. 24, 2020)
Quarters
2020 Q4
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31

This renewal of the COVID-19 public health emergency shall become effective on October 2, 2020, and shall now expire on November 1, 2020, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 20-44 (Sept. 24, 2020) (Ex. IN-042) Open the exhibit

Ex. IN-045
Executive Order 20-47

Eighth Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Nov. 1, 2020 to Dec. 1, 2020 (issued Oct. 30, 2020)
Quarters
2020 Q4
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31

This renewal of the COVID-19 public health emergency shall become effective on November 1, 2020, and shall now expire on December 1, 2020, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 20-47 (Oct. 30, 2020) (Ex. IN-045) Open the exhibit

Ex. IN-079
Order on Continued Emergency Actions, No. 20S-CB-123 (Nov. 10, 2020)

Order directing trial courts to reduce in-person proceedings, requiring masks for all participants, and extending remote-proceedings authority to July 1, 2021

Indiana Supreme Court, Indiana (Court)

Dates
In force from Nov. 10, 2020 to July 1, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT; CS client meetings (hearings remote); CL
Grade
Primary source read
Days in this quarter
52 (in force on the last day)

Despite these efforts, there have been outbreaks as a result of court proceedings and operations.... At a minimum, however, all trial courts should do the following until further direction is given by this Court: 1. Communicate with local bar associations and attorneys to maximize the use of remote proceedings... 2. Require all participants of in-person court proceedings to wear appropriate masks or face shields... throughout the proceedings except for witnesses, who may remove their masks for the limited period of providing a verbal response to questions... 4. Minimize in-person proceedings in non-essential matters where remote proceedings will be as effective.

Enforcement: Supreme Court direction; AR 17 petitions available for tolling and suspension of all jury trials

Citation: Indiana Supreme Court, Order on Continued Emergency Actions, No. 20S-CB-123 (Nov. 10, 2020) (Ex. IN-079) Open the exhibit

Ex. IN-047
Executive Order 20-49

Ninth Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Dec. 1, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31 (in force on the last day)

This renewal of the COVID-19 public health emergency shall become effective on December 1, 2020, and shall now expire on December 31, 2020, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 20-49 (Dec. 1, 2020) (Ex. IN-047) Open the exhibit

Ex. IN-080
Order Suspending Jury Trials, No. 20S-CB-123 (Dec. 14, 2020)

Order that no in-person jury trials may be held until March 1, 2021

Indiana Supreme Court, Indiana (Court)

Dates
In force from Dec. 14, 2020 to Mar. 1, 2021
Quarters
2020 Q42021 Q1
Limitations
Courts and public offices
Functions reached
CT courts; CS and PJ (trial-dependent legal work); CL
Grade
Primary source read
Days in this quarter
18 (in force on the last day)

The public health emergency continues. The threat of exposure from any in-court proceeding during these conditions, even when conducted under strict protocols, is not acceptable.... 1. No in-person jury trials may be held until March 1, 2021. 2. For purposes of a. Indiana Criminal Rule 4(A) and 4(C), and b. early-trial demands filed under Indiana Criminal Rule 4(B) before the date of this order, the tolled period shall be calculated from the date of this order through March 1, 2021

Enforcement: Supreme Court order; all Justices concurring

Citation: Indiana Supreme Court, Order Suspending Jury Trials, No. 20S-CB-123 (Dec. 14, 2020) (Ex. IN-080) Open the exhibit

Ex. IN-049
Executive Order 20-51

Additional Directives and Renewal of Other Directives Issued in Response to the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Dec. 22, 2020 to June 30, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Health care ordersVaccination or testingOther
Functions reached
HR credentialing; IC infection control (vaccination program)
Grade
Primary source read
Days in this quarter
10 (in force on the last day)

Under my authority under the PREP Act, the following professionals are to be considered 'covered persons' when administering the FDA-approved COVID-19 vaccines: i) physicians, advanced practice registered nurses, registered nurses, licensed practical nurses, physician assistants, pharmacists, pharmacist interns... ii) paramedics and advanced emergency medical technicians... iii) members of the Indiana National Guard... iv) medical assistants when authorized by an employing physician

Enforcement: Regulatory suspension and PREP Act designation

Citation: Governor Eric J. Holcomb, Executive Order 20-51 (Dec. 22, 2020) (Ex. IN-049) Open the exhibit

Ex. IN-050
Executive Order 20-52

Tenth Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Dec. 31, 2020 to Jan. 30, 2021
Quarters
2020 Q42021 Q1
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

This renewal of the COVID-19 public health emergency shall become effective on December 31, 2020, and shall now expire on January 30, 2021, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 20-52 (Dec. 31, 2020) (Ex. IN-050) Open the exhibit

Continuing in force from an earlier quarter of this report (15 instruments):

ExhibitCitationDatesLimitations
Ex. IN-090Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090)In force from Mar. 23, 2020 to June 30, 2021 (issued July 1, 2021)Business closureCapacity limitAlcohol and bars
Ex. IN-041Governor Eric J. Holcomb, Executive Order 20-43 (Sept. 24, 2020) (Ex. IN-041)In force from Sept. 26, 2020 to Oct. 17, 2020 (issued Sept. 24, 2020)Capacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rules
Ex. IN-011Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. IN-011)In force from Apr. 1, 2020 to Sept. 30, 2021 (issued Mar. 30, 2020)Business closureHealth care orders
Ex. IN-001Governor Eric J. Holcomb, Executive Order 20-02 (Mar. 6, 2020) (Ex. IN-001)In force from Mar. 6, 2020 to Mar. 3, 2022Emergency declaration
Ex. IN-004Governor Eric J. Holcomb, Executive Order 20-05 (Mar. 19, 2020) (Ex. IN-004)In force from Mar. 19, 2020 to June 30, 2021Schools and child careHealth care ordersCourts and public officesOther
Ex. IN-009Governor Eric J. Holcomb, Executive Order 20-11 (Mar. 23, 2020) (Ex. IN-009)In force from Mar. 23, 2020 to June 30, 2021Alcohol and bars
Ex. IN-075Indiana Supreme Court, Order, No. 20S-CB-123 (Mar. 23, 2020) (Ex. IN-075)In force from Mar. 23, 2020 to Dec. 31, 2020Courts and public offices
Ex. IN-010Governor Eric J. Holcomb, Executive Order 20-12 (Mar. 26, 2020) (Ex. IN-010)In force from Mar. 26, 2020 to June 30, 2021Schools and child careHealth care ordersOther
Ex. IN-013Governor Eric J. Holcomb, Executive Order 20-15 (Mar. 31, 2020) (Ex. IN-013)In force from Mar. 31, 2020 to Sept. 29, 2020Events and venuesOther
Ex. IN-017Governor Eric J. Holcomb, Executive Order 20-19 (Apr. 7, 2020) (Ex. IN-017)In force from Apr. 7, 2020 to June 30, 2021Health care ordersOther
Ex. IN-018Governor Eric J. Holcomb, Executive Order 20-20 (Apr. 10, 2020) (Ex. IN-018)In force from Apr. 10, 2020 to Nov. 30, 2020Schools and child care
Ex. IN-021Governor Eric J. Holcomb, Executive Order 20-23 (Apr. 23, 2020) (Ex. IN-021)In force from Apr. 23, 2020 to Sept. 29, 2020Alcohol and barsOther
Ex. IN-078Indiana Supreme Court, Order Extending Trial Courts' Emergency Tolling Authority and Setting Expiration of Other Emergency Orders, No. 20S-CB-123 (May 29, 2020) (Ex. IN-078)In force from May 29, 2020 to Dec. 31, 2020Courts and public offices
Ex. IN-035Governor Eric J. Holcomb, Executive Order 20-37 (July 24, 2020) (Ex. IN-035)In force from July 27, 2020 to June 30, 2021 (issued July 24, 2020)Face-covering requirementSchools and child careWorkplace rules
Ex. IN-038Governor Eric J. Holcomb, Executive Order 20-40 (Aug. 27, 2020) (Ex. IN-038)In force from Aug. 27, 2020 to June 30, 2021Schools and child careOther

Agencies, boards and authorities: Indiana

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082Indiana Department of Correction (Commissioner Robert E. Carter, Jr.), IDOC 'Comprehensive Response to COVID-19' page (as archived Sept. 21, 2020), linking Executive Directive 20-20 (Pandemic Response) and the IDOC and Wexford COVID-19 Protocol (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082)In force from Mar. 13, 2020 to Mar. 31, 2021Gathering capHealth care ordersWorkplace rules

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

Federal layer

Ex. FED-060
Executive Order 13991

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

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

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

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

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

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

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563

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

Ex. FED-305
Standing Order 21-02

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

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

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

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

Enforcement: court order

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

Ex. FED-008
Memorandum of February 2, 2021

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

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

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

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

Enforcement: Funding directive

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

Ex. FED-071
Executive Order 13910

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115) Open the exhibit

Continuing in force from an earlier quarter of this report (31 instruments):

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

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

State of Indiana

Ex. IN-051
Executive Order 20-53

Extension of the Executive Order 20-50 with Continuation of County-Based Measures and Restrictions

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Jan. 4, 2021 to Jan. 24, 2021 (issued Dec. 31, 2020)
Quarters
2021 Q1
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rules
Functions reached
SX (hospital criteria); GATH and MK (color caps); DR (seated); SF (signage; masks); EMP; IN; CB
Grade
Primary source read
Days in this quarter
21

Effective 12:01 a.m. on January 4, 2021, Executive Order 20-50 is extended and shall remain in full force and effect until 11:59 p.m. on Sunday, January 24, 2021, subject only to the modification listed paragraph 2 below.... Hospitals are directed to implement evidenced-based criteria to ensure sufficient capacity to care for all patients, and where necessary, should reprioritize or postpone non-emergent surgeries or procedures.... Unless otherwise specified, nothing in this Executive Order prohibits a county, political subdivision, local government entity or school corporation from imposing more stringent requirements than this Executive Order.

Enforcement: EO 20-50 ¶ 10 continued

Citation: Governor Eric J. Holcomb, Executive Order 20-53 (Dec. 31, 2020) (Ex. IN-051) Open the exhibit

Ex. IN-052
Executive Order 21-01

Second Extension of Executive Order 20-50 with Continuation of County-Based Measures and Restrictions

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Jan. 25, 2021 to Jan. 31, 2021 (issued Jan. 22, 2021)
Quarters
2021 Q1
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rules
Functions reached
GATH and MK; DR; SF; EMP; SX; IN; CB
Grade
Primary source read
Days in this quarter
7

Effective 12:01 a.m. on January 25, 2021, Executive Order 20-50 is further extended and shall remain in full force and effect until 11:59 p.m. on Sunday, January 31, 2021, subject only to the modification listed paragraph 2 below. All Indiana counties will continue to adhere to the directives of Executive Order 20-50 as modified.

Enforcement: EO 20-50 ¶ 10 continued

Citation: Governor Eric J. Holcomb, Executive Order 21-01 (Jan. 22, 2021) (Ex. IN-052) Open the exhibit

Ex. IN-053
Executive Order 21-02

Third Continuation of County-Based Measures and Restrictions Based on the Impact and Spread of the Coronavirus Disease (COVID-19)

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Feb. 1, 2021 to Feb. 28, 2021 (issued Jan. 28, 2021)
Quarters
2021 Q1
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rules
Functions reached
GATH and MK (percentage caps); MC conventions; BQ banquets; DR (seated); SF (signage; masks); EMP (plan); SX; IN; CB
Grade
Primary source read
Days in this quarter
28

It is strongly recommended that the overall size of a social gathering or event be limited in overall attendance (attendees, staff and others) based on a county's color-coded metric, as follows: counties designated as Red may have up to a total of 25 individuals present; counties designated as Orange may have up to a total of 50 individuals present; counties designated as Yellow may have up to a total of 100 individuals present; and counties designated as Blue may have up to a total of 250 individuals present.... Subject to the provisions set out below, the overall attendance of any social gathering or event may be greater than set forth above so long as the overall attendance does not exceed: 25% of a facility's capacity for counties designated as Red or Orange; 50% of a facility's capacity for counties designated as Yellow; 100% of a facility's capacity for counties designated as…

Enforcement: IOSHA; ISDH, IDHS, ATC, local boards of health and law enforcement (EO 20-50 ¶ 10 structure)

Citation: Governor Eric J. Holcomb, Executive Order 21-02 (Jan. 28, 2021) (Ex. IN-053) Open the exhibit

Ex. IN-056
Executive Order 21-06

Fourth Continuation of County-Based Measures and Restrictions Based on the Impact and Spread of the Coronavirus Disease (COVID-19)

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 1, 2021 to June 30, 2021 (issued Feb. 25, 2021)
Quarters
2021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
MASK all functions; DR (seated); GATH and MK (recommended caps; percentage limits; plans); SF (signage); EMP (plan); IN (masks; quarantine); SX; CB
Grade
Primary source read
Days in this quarter
31 (in force on the last day)

On March 1, 2021, at 12:01 a.m. and continuing through 11:59 p.m. on Wednesday, March 31, 2021, all Hoosiers, Hoosier businesses, and other individuals in the state must adhere to the directives in this Executive Order... Face Covering Requirement: Every individual within the State of Indiana shall wear a face covering over the nose and mouth when: i) inside a business, a public building, or other indoor place open to the public... Restaurants, bars, taverns, nightclubs and other establishments providing in-person food and/or drink service must adhere to the following directives: i) all patrons must remain seated... Quarantine guidelines for K-12 educational institutions are outlined in paragraph 8.e. below.

Enforcement: IOSHA; ISDH, IDHS, ATC, local boards of health and law enforcement

Citation: Governor Eric J. Holcomb, Executive Order 21-06 (Feb. 25, 2021) (Ex. IN-056) Open the exhibit

Ex. IN-059
Executive Order 21-09

Modification of County-Based Measures and Restrictions Based on the Impact and Spread of the Coronavirus Disease

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Apr. 5, 2021 to Apr. 30, 2021 (issued Mar. 31, 2021)
Quarters
2021 Q12021 Q2
Limitations
Gathering capFace-covering requirementSchools and child careWorkplace rulesQuarantine and isolation
Functions reached
EMP (plan; IOSHA); GATH (local authority); IN (K-12 masks; quarantine); CT (State buildings masks); CB
Grade
Primary source read
Days in this quarter
0

Effective 11:59 p.m. on March 31, 2021, Executive Order 21-06 is further extended and shall remain in full force and effect until 11:59 p.m. on Monday, April 5, 2021 at which time it shall be rescinded.... On April 6, 2021, at 12:01 a.m. and continuing through 11:59 p.m. on April 30, 2021, all Hoosiers, Hoosier businesses, and other individuals in the state must adhere to the directives in this Executive Order... Every individual within the State of Indiana shall wear a face covering over the nose and mouth when: i) inside all state government buildings, offices and facilities... iii) at a COVID testing or vaccination site; iv) at a K-12 educational facility... In all other public locations, all individuals within the State of Indiana are encouraged to wear a face covering... All businesses and entities continuing operations or resuming full operations are required to develop a plan to…

Enforcement: ¶ 10: IOSHA; ISDH, IDHS, ATC, local boards of health and law enforcement 'may take all available administrative and enforcement actions'

Citation: Governor Eric J. Holcomb, Executive Order 21-09 (Mar. 31, 2021) (Ex. IN-059) Open the exhibit

Ex. IN-054
Executive Order 21-03

Eleventh Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Jan. 30, 2021 to Mar. 1, 2021 (issued Jan. 28, 2021)
Quarters
2021 Q1
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31

This renewal of the COVID-19 public health emergency shall become effective on January 30, 2021, and shall now expire on March 1, 2021, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 21-03 (Jan. 28, 2021) (Ex. IN-054) Open the exhibit

Ex. IN-055
Executive Order 21-05

Twelfth Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 1, 2021 to Mar. 31, 2021 (issued Feb. 25, 2021)
Quarters
2021 Q1
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31 (in force on the last day)

This renewal of the COVID-19 public health emergency shall become effective on March 1, 2021, and shall now expire on March 31, 2021, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 21-05 (Feb. 25, 2021) (Ex. IN-055) Open the exhibit

Ex. IN-057
Executive Order 21-07

Renewal of Directives Issued in Response to the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 22, 2021 to June 30, 2021
Quarters
2021 Q12021 Q2
Limitations
Health care ordersOther
Functions reached
HR credentialing; WF
Grade
Primary source read
Days in this quarter
10 (in force on the last day)

any individual in the below categories may apply for an initial temporary health care license if he or she is not currently licensed to practice in the state... Individuals who have been granted a temporary license may be granted up to an additional 90-day authorization to continue to provide health care services during this public health emergency.... Due to the closure of the Indiana Law Enforcement Academy as a result of COVID-19... I suspend the relevant provisions in Ind. Code § 5-2-1-9(e) and extend for an additional six (6) months the time period an officer may exercise law enforcement powers before completion of basic training.

Enforcement: Regulatory waiver

Citation: Governor Eric J. Holcomb, Executive Order 21-07 (Mar. 22, 2021) (Ex. IN-057) Open the exhibit

Ex. IN-058
Executive Order 21-08

Thirteenth Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 31, 2021 to Apr. 30, 2021
Quarters
2021 Q12021 Q2
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

This renewal of the COVID-19 public health emergency shall become effective on March 31, 2021, and shall now expire on April 30, 2021, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 21-08 (Mar. 31, 2021) (Ex. IN-058) Open the exhibit

Continuing in force from an earlier quarter of this report (15 instruments):

ExhibitCitationDatesLimitations
Ex. IN-090Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090)In force from Mar. 23, 2020 to June 30, 2021 (issued July 1, 2021)Business closureCapacity limitAlcohol and bars
Ex. IN-048Governor Eric J. Holcomb, Executive Order 20-50 (Dec. 10, 2020) (Ex. IN-048)In force from Dec. 13, 2020 to Jan. 3, 2021 (issued Dec. 10, 2020)Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rules
Ex. IN-011Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. IN-011)In force from Apr. 1, 2020 to Sept. 30, 2021 (issued Mar. 30, 2020)Business closureHealth care orders
Ex. IN-001Governor Eric J. Holcomb, Executive Order 20-02 (Mar. 6, 2020) (Ex. IN-001)In force from Mar. 6, 2020 to Mar. 3, 2022Emergency declaration
Ex. IN-004Governor Eric J. Holcomb, Executive Order 20-05 (Mar. 19, 2020) (Ex. IN-004)In force from Mar. 19, 2020 to June 30, 2021Schools and child careHealth care ordersCourts and public officesOther
Ex. IN-009Governor Eric J. Holcomb, Executive Order 20-11 (Mar. 23, 2020) (Ex. IN-009)In force from Mar. 23, 2020 to June 30, 2021Alcohol and bars
Ex. IN-010Governor Eric J. Holcomb, Executive Order 20-12 (Mar. 26, 2020) (Ex. IN-010)In force from Mar. 26, 2020 to June 30, 2021Schools and child careHealth care ordersOther
Ex. IN-017Governor Eric J. Holcomb, Executive Order 20-19 (Apr. 7, 2020) (Ex. IN-017)In force from Apr. 7, 2020 to June 30, 2021Health care ordersOther
Ex. IN-021Governor Eric J. Holcomb, Executive Order 20-23 (Apr. 23, 2020) (Ex. IN-021)In force from Apr. 23, 2020 to Sept. 29, 2020Alcohol and barsOther
Ex. IN-035Governor Eric J. Holcomb, Executive Order 20-37 (July 24, 2020) (Ex. IN-035)In force from July 27, 2020 to June 30, 2021 (issued July 24, 2020)Face-covering requirementSchools and child careWorkplace rules
Ex. IN-038Governor Eric J. Holcomb, Executive Order 20-40 (Aug. 27, 2020) (Ex. IN-038)In force from Aug. 27, 2020 to June 30, 2021Schools and child careOther
Ex. IN-079Indiana Supreme Court, Order on Continued Emergency Actions, No. 20S-CB-123 (Nov. 10, 2020) (Ex. IN-079)In force from Nov. 10, 2020 to July 1, 2021Face-covering requirementCourts and public offices
Ex. IN-080Indiana Supreme Court, Order Suspending Jury Trials, No. 20S-CB-123 (Dec. 14, 2020) (Ex. IN-080)In force from Dec. 14, 2020 to Mar. 1, 2021Courts and public offices
Ex. IN-049Governor Eric J. Holcomb, Executive Order 20-51 (Dec. 22, 2020) (Ex. IN-049)In force from Dec. 22, 2020 to June 30, 2021Health care ordersVaccination or testingOther
Ex. IN-050Governor Eric J. Holcomb, Executive Order 20-52 (Dec. 31, 2020) (Ex. IN-050)In force from Dec. 31, 2020 to Jan. 30, 2021Emergency declaration

Agencies, boards and authorities: Indiana

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082Indiana Department of Correction (Commissioner Robert E. Carter, Jr.), IDOC 'Comprehensive Response to COVID-19' page (as archived Sept. 21, 2020), linking Executive Directive 20-20 (Pandemic Response) and the IDOC and Wexford COVID-19 Protocol (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082)In force from Mar. 13, 2020 to Mar. 31, 2021Gathering capHealth care ordersWorkplace rules

End of general restrictions, State of Indiana: Executive Order 21-09 (Mar. 31, 2021; effective 12:01 a.m. Apr. 6, 2021) ended the public face-covering mandate, the statewide gathering and event caps and the seated-service rule for restaurants and bars; Executive Order 21-15 (May 28, 2021) rescinded EO 21-12 and with it the business COVID-response-plan and IOSHA directives as of 11:59 p.m. May 31, 2021; Executive Order 21-17 (June 30, 2021) rescinded all directives in EOs 20-03 through 20-53 and 21-01 through 21-15 as of 11:59 p.m. June 30, 2021 (Ex. IN-059, IN-064, IN-066) (2021-04-06 (public mask mandate, gathering caps, seated service); 2021-05-31 (business plan and IOSHA directives); 2021-06-30 (K-12 mask mandate and school quarantine directives; all Stage and county-based directives)). What remained: The public health disaster emergency (renewed monthly by EO 21-16, 21-18, 21-22, 21-26 and successors to Mar. 3, 2022); the EO 21-17 series (temporary health-care licensing through Sept. 30 then Dec. 31, 2021; PREP Act vaccinator authorizations; FSSA Medicaid, HIP, CHIP and TANF waivers; DWD provisions; the reservation of State and local authority to order quarantine, isolation or closure of a specific location; the rule that local orders may be more restrictive if they comply with Ind. Code §§ 16-20-1-21.5 and 16-22-8-31.3); from Aug. 1, 2021 (EO 21-19) the IDOH COVID-19 Control Measures under 410 IAC 1 and Commissioner Order CO 21-01 (isolation, quarantine, institutional reporting, contact tracing); from Sept. 2, 2021 (EO 21-24) the hospital non-emergent-procedure and daily reporting directives, IDOI prior-authorization directives, K-12 and child-care contact-tracing and reporting duties, and the close-contact masking and quarantine rules; the Indiana Supreme Court's expanded remote-proceedings authority (May 7, 2021 order); local instruments (Monroe County mask regulation Aug. 5-Sept. 30, 2021; Marion County orders in the MET-IND file); Indiana University's fall-2021 vaccination condition.

Preemption of local orders, State of Indiana: Indiana did not preempt local COVID-19 orders during 2020 and expressly authorized stricter local rules. Every stay-at-home and reopening order from EO 20-18 forward carried the same clause: "Pursuant to the Emergency Disaster Law, no local ordinance, directive, or order of any county, political subdivision, or other local government entity pertaining to this public health emergency, may contradict or impose less restrictive requirements than those set forth in this Executive Order, or else that ordinance, directive, or order will be void and of no force or effect. However, unless prohibited by an Executive Order, local ordinances, directives, and orders may be more restrictive" (EO 20-18 ¶ 22(a); EO 20-26 ¶ 36(a); EO 20-28 ¶ 23(a); EO 20-32 ¶ 24; EO 20-43 ¶ 10; EO 20-48 ¶ 12; EO 21-09 ¶ 12). The one restriction on local power, "No local unit of government and/or political subdivision may restrict travel within their jurisdiction above a Travel Watch status" (EO 20-18 ¶ 22(b); EO 20-26 ¶ 36(b); EO 20-28 ¶ 23(b)), was terminated by EO 20-29 effective 11:00 a.m. May 31, 2020. Marion County (Indianapolis), Monroe County, Elkhart, Lake, Cass and other counties imposed stricter or later-lifted rules under that authority (Marion County instruments are in the MET-IND file). From May 10, 2021, Senate Enrolled Act 5 (2021), enacted over the Governor's veto (Senate 36-10, House 59-30) and codified at Ind. Code § 16-20-1-21.5 (local health departments) and § 16-22-8-31.3 (the Marion County Health and Hospital Corporation), conditioned any local health order more stringent than, or not addressed by, the Governor's executive order on approval by the county legislative body or, for a city health department, by ordinance approved by the mayor, and created an appeal to the local legislative body from local enforcement actions. EO 21-15, 21-17, 21-19, 21-23, 21-24 and 21-27 incorporate that condition verbatim: local orders "may be more restrictive provided there is compliance with Ind. Code § 16-20-1-21.5 and § 16-22-8-31.3." The Monroe County regulation of Aug. 4, 2021 recites approval by the Board of Commissioners under that regime. No Indiana instrument barred local mask or capacity orders outright at any time through Sept. 30, 2021.

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

Federal layer

Ex. FED-156
QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)

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

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

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

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

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

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

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

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

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

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

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

Enforcement: as for FED-031

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

Ex. FED-080
Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)

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

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

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

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

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

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

Ex. FED-118
FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)

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

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

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

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

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

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

Ex. FED-183
Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices

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

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

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

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

Enforcement: Framework

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

Ex. FED-074
Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures

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

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

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

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

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

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

Ex. FED-109
FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)

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

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

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

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

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

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

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

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

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

State of Indiana

Ex. IN-088
Governor's release, 'Gov. Holcomb Signs COVID-19 Executive Orders' (Mar. 31, 2021)

Release describing the Apr. 6, 2021 conversion of the mask mandate to an advisory, the retained requirements for State buildings, testing and vaccination sites and K-12 schools, and the transfer of gathering and capacity decisions to local officials

Office of Governor Eric J. Holcomb (news release), Indiana (State)

Dates
In force from Apr. 6, 2021 to June 30, 2021 (issued Mar. 31, 2021)
Quarters
2021 Q2
Limitations
Gathering capFace-covering requirement
Functions reached
MASK; GATH
Grade
Confirmed from a secondary source
Days in this quarter
86 (in force on the last day)

(Release describing EO 21-09: the order 'adjust[s] the statewide face covering mandate to be a mask advisory and lifts other requirements beginning April 6'; face coverings 'remain mandatory in all state buildings and facilities and in all vaccination and COVID testing sites'; K-12 schools continue 'through the remainder of the 2020-21 school year.')

Enforcement: See Ex. IN-059

Citation: Office of Governor Eric J. Holcomb (news release), Governor's release, 'Gov. Holcomb Signs COVID-19 Executive Orders' (Mar. 31, 2021) (Ex. IN-088) Open the exhibit

Ex. IN-061
Executive Order 21-12

Continuation of Modified County-Based Measures and Restrictions Based on the Impact and Spread of the Coronavirus Disease (COVID-19)

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from May 1, 2021 to May 31, 2021 (issued Apr. 29, 2021)
Quarters
2021 Q2
Limitations
Gathering capFace-covering requirementSchools and child careWorkplace rulesQuarantine and isolation
Functions reached
EMP (plan; IOSHA); IN (masks; quarantine); EC child care (FSSA guidance); GATH (local authority); CT
Grade
Primary source read
Days in this quarter
31

All businesses and entities are required to develop a plan to implement measures and institute safeguards to ensure a safe environment for their employees, customers, clients, and members. The business plan must be provided to each employee or staff and posted publicly.... All businesses must implement the measures outlined in their plan.... All employers, whether manufacturers, distributors, professional offices, retailers or others, must comply with safety and health standards established and enforced by IOSHA.... Every individual within the State of Indiana shall wear a face covering over the nose and mouth when: i) inside all state government buildings... iii) at a COVID testing or vaccination site; iv) at a K-12 educational facility... quarantining rules and contact tracing are not required when exposure occurs in a classroom setting and where students, teachers and staff wear face…

Enforcement: ¶ 11: IOSHA; ISDH, IDHS, ATC, local boards of health and law enforcement

Citation: Governor Eric J. Holcomb, Executive Order 21-12 (Apr. 29, 2021) (Ex. IN-061) Open the exhibit

Ex. IN-060
Executive Order 21-11

Fourteenth Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from May 1, 2021 to May 31, 2021 (issued Apr. 29, 2021)
Quarters
2021 Q2
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31

This renewal of the COVID-19 public health emergency shall become effective on May 1, 2021, and shall now expire on May 31, 2021, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 21-11 (Apr. 29, 2021) (Ex. IN-060) Open the exhibit

Ex. IN-081
Order Extending Authority for Expanded Remote Hearings, No. 20S-CB-123 (May 7, 2021)

Order continuing the May 13, 2020 Emergency Order Permitting Expanded Remote Proceedings until further order

Indiana Supreme Court, Indiana (Court)

Dates
In force from May 7, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Courts and public offices
Functions reached
CT; CS client meetings and hearings
Grade
Primary source read
Days in this quarter
55 (in force on the last day)

the Court finds that public health conditions will likely require trial courts to retain expanded authority for remote hearings beyond July 1, and until the formal process to amend Administrative Rule 14 is complete. Being duly advised, the Court ORDERS that the May 13, 2020 'Emergency Order Permitting Expanded Remote Proceedings' shall remain in effect until further order of the Court.

Enforcement: Supreme Court order modifying Admin. Rule 14

Citation: Indiana Supreme Court, Order Extending Authority for Expanded Remote Hearings, No. 20S-CB-123 (May 7, 2021) (Ex. IN-081) Open the exhibit

Ex. IN-089
Senate Enrolled Act 5 (2021), 'Local Health Departments; Public Health Emergencies' (law-firm description)

Local health orders more stringent than the Governor's executive order require approval of the county or city legislative body; appeal process for local enforcement actions

Indiana General Assembly (Senate Enrolled Act 5, 2021), as described in Taft Stettinius & Hollister LLP, 'The 2021 Indiana General Assembly in Review' (June 30, 2021), Indiana (State)

Dates
In force from May 10, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Other
Functions reached
governs every local order in force from May 10, 2021
Grade
Confirmed from a secondary source
Days in this quarter
52 (in force on the last day)

Senate Enrolled Act 5... 'ensures local elected officials have the final say on local health orders issued in response to a declared emergency' and requires 'the local legislative body to approve any health order that is more stringent than a statewide order under an emergency' (Taft bulletin, quoting the Act's sponsors); Governor's veto overridden May 10, 2021 (Senate 36-10; House 59-30) (WRTV; Indiana House Republicans release).

Enforcement: Statutory condition on the effectiveness of local health orders; EOs 21-15 through 21-27 incorporate it

Citation: Indiana General Assembly (Senate Enrolled Act 5, 2021), as described in Taft Stettinius & Hollister LLP, 'The 2021 Indiana General Assembly in Review' (June 30, 2021), Senate Enrolled Act 5 (2021), 'Local Health Departments; Public Health Emergencies' (law-firm description) (May 10, 2021) (Ex. IN-089) Open the exhibit

Ex. IN-095
Senate Enrolled Act 5 (2021) (enrolled act text)

Local Health Departments; Public Health Emergencies (adding Ind. Code § 16-20-1-21.5 and § 16-22-8-31.3)

Indiana General Assembly, Indiana (State)

Dates
In force from May 10, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Other
Functions reached
governs local orders
Grade
Confirmed from a secondary source
Days in this quarter
52 (in force on the last day)

Enforcement: Condition on the effectiveness of local health orders

Citation: Indiana General Assembly, Senate Enrolled Act 5 (2021) (enrolled act text) (May 10, 2021) (Ex. IN-095)

Ex. IN-062
Executive Order 21-13

Rescission of Directives and Restrictions Imposed to Address the Coronavirus (COVID-19) Emergency

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from June 1, 2021 to June 30, 2021 (issued May 11, 2021)
Quarters
2021 Q2
Limitations
Health care ordersAlcohol and barsOther
Functions reached
BA and TO (carryout alcohol ends); WF (unemployment rules); OF (remote meetings end)
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

The directive in Executive Order 20-11 ¶ 1 allowing certain retail restaurant locations to fill growlers and sell alcoholic beverages for carryout... will be rescinded and cease on June 30, 2021.... The directives in Executive Order 20-11 ¶ 2 and Executive Order 20-14 ¶ 3 excluding carryout alcohol sales made during the duration of the declared emergency from counting toward the restaurants carryout sales under Ind. Code § 7.1-3-20-9.5... will be rescinded and cease on June 30, 2021.... Beginning on June 1, 2021: a. the Department of Workforce Development (DWD) is directed to resume it pre-pandemic interpretation of its statutes

Enforcement: Rescission schedule

Citation: Governor Eric J. Holcomb, Executive Order 21-13 (May 11, 2021) (Ex. IN-062) Open the exhibit

Ex. IN-063
Executive Order 21-14

Fifteenth Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from June 1, 2021 to July 1, 2021 (issued May 28, 2021)
Quarters
2021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

This renewal of the COVID-19 public health emergency shall become effective on June 1, 2021, and shall now expire on July 1, 2021, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 21-14 (May 28, 2021) (Ex. IN-063) Open the exhibit

Ex. IN-064
Executive Order 21-15

Continuation of Health and Welfare-Based Provisions to Address the Impact and Spread of the Coronavirus Disease

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from June 1, 2021 to June 30, 2021 (issued May 28, 2021)
Quarters
2021 Q2
Limitations
Face-covering requirementSchools and child careVaccination or testingQuarantine and isolationOther
Functions reached
IN (masks through June 30); WF (isolation; school quarantine); EC child care (FSSA guidance; quarantine); CT (congregate State facilities)
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

Executive Order 21-12 is rescinded as of 11:59 p.m. on May 31, 2021.... All directives in Executive Orders which have been continued throughout the duration of this public health emergency will be rescinded and cease on June 30, 2021.... Every individual within the State of Indiana shall wear a face covering over the nose and mouth when: a) inside state government congregate facilities which are the Indiana Department of Correction prisons, the State Hospitals, the Indiana Veterans Home, and the Indiana Law Enforcement Academy; b) by patients, administrators, and others present at a COVID testing or vaccination site; c) at a K-12 educational facility... Through June 30, 2021, which is the end of the 2020-2021 school year, all public and private K-12 educational institutions shall require all students in grades 3-12 regardless of age, all faculty, all staff, all vendors, all contractors…

Enforcement: Reservation of State and local authority to order quarantine, isolation or closure of a specific location (¶ 8); school enforcement plans

Citation: Governor Eric J. Holcomb, Executive Order 21-15 (May 28, 2021) (Ex. IN-064) Open the exhibit

Continuing in force from an earlier quarter of this report (16 instruments):

ExhibitCitationDatesLimitations
Ex. IN-090Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090)In force from Mar. 23, 2020 to June 30, 2021 (issued July 1, 2021)Business closureCapacity limitAlcohol and bars
Ex. IN-056Governor Eric J. Holcomb, Executive Order 21-06 (Feb. 25, 2021) (Ex. IN-056)In force from Mar. 1, 2021 to June 30, 2021 (issued Feb. 25, 2021)Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rulesQuarantine and isolation
Ex. IN-011Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. IN-011)In force from Apr. 1, 2020 to Sept. 30, 2021 (issued Mar. 30, 2020)Business closureHealth care orders
Ex. IN-059Governor Eric J. Holcomb, Executive Order 21-09 (Mar. 31, 2021) (Ex. IN-059)In force from Apr. 5, 2021 to Apr. 30, 2021 (issued Mar. 31, 2021)Gathering capFace-covering requirementSchools and child careWorkplace rulesQuarantine and isolation
Ex. IN-001Governor Eric J. Holcomb, Executive Order 20-02 (Mar. 6, 2020) (Ex. IN-001)In force from Mar. 6, 2020 to Mar. 3, 2022Emergency declaration
Ex. IN-004Governor Eric J. Holcomb, Executive Order 20-05 (Mar. 19, 2020) (Ex. IN-004)In force from Mar. 19, 2020 to June 30, 2021Schools and child careHealth care ordersCourts and public officesOther
Ex. IN-009Governor Eric J. Holcomb, Executive Order 20-11 (Mar. 23, 2020) (Ex. IN-009)In force from Mar. 23, 2020 to June 30, 2021Alcohol and bars
Ex. IN-010Governor Eric J. Holcomb, Executive Order 20-12 (Mar. 26, 2020) (Ex. IN-010)In force from Mar. 26, 2020 to June 30, 2021Schools and child careHealth care ordersOther
Ex. IN-017Governor Eric J. Holcomb, Executive Order 20-19 (Apr. 7, 2020) (Ex. IN-017)In force from Apr. 7, 2020 to June 30, 2021Health care ordersOther
Ex. IN-021Governor Eric J. Holcomb, Executive Order 20-23 (Apr. 23, 2020) (Ex. IN-021)In force from Apr. 23, 2020 to Sept. 29, 2020Alcohol and barsOther
Ex. IN-035Governor Eric J. Holcomb, Executive Order 20-37 (July 24, 2020) (Ex. IN-035)In force from July 27, 2020 to June 30, 2021 (issued July 24, 2020)Face-covering requirementSchools and child careWorkplace rules
Ex. IN-038Governor Eric J. Holcomb, Executive Order 20-40 (Aug. 27, 2020) (Ex. IN-038)In force from Aug. 27, 2020 to June 30, 2021Schools and child careOther
Ex. IN-079Indiana Supreme Court, Order on Continued Emergency Actions, No. 20S-CB-123 (Nov. 10, 2020) (Ex. IN-079)In force from Nov. 10, 2020 to July 1, 2021Face-covering requirementCourts and public offices
Ex. IN-049Governor Eric J. Holcomb, Executive Order 20-51 (Dec. 22, 2020) (Ex. IN-049)In force from Dec. 22, 2020 to June 30, 2021Health care ordersVaccination or testingOther
Ex. IN-057Governor Eric J. Holcomb, Executive Order 21-07 (Mar. 22, 2021) (Ex. IN-057)In force from Mar. 22, 2021 to June 30, 2021Health care ordersOther
Ex. IN-058Governor Eric J. Holcomb, Executive Order 21-08 (Mar. 31, 2021) (Ex. IN-058)In force from Mar. 31, 2021 to Apr. 30, 2021Emergency declaration

Agencies, boards and authorities: Indiana

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

End of general restrictions, State of Indiana: Executive Order 21-09 (Mar. 31, 2021; effective 12:01 a.m. Apr. 6, 2021) ended the public face-covering mandate, the statewide gathering and event caps and the seated-service rule for restaurants and bars; Executive Order 21-15 (May 28, 2021) rescinded EO 21-12 and with it the business COVID-response-plan and IOSHA directives as of 11:59 p.m. May 31, 2021; Executive Order 21-17 (June 30, 2021) rescinded all directives in EOs 20-03 through 20-53 and 21-01 through 21-15 as of 11:59 p.m. June 30, 2021 (Ex. IN-059, IN-064, IN-066) (2021-04-06 (public mask mandate, gathering caps, seated service); 2021-05-31 (business plan and IOSHA directives); 2021-06-30 (K-12 mask mandate and school quarantine directives; all Stage and county-based directives)). What remained: The public health disaster emergency (renewed monthly by EO 21-16, 21-18, 21-22, 21-26 and successors to Mar. 3, 2022); the EO 21-17 series (temporary health-care licensing through Sept. 30 then Dec. 31, 2021; PREP Act vaccinator authorizations; FSSA Medicaid, HIP, CHIP and TANF waivers; DWD provisions; the reservation of State and local authority to order quarantine, isolation or closure of a specific location; the rule that local orders may be more restrictive if they comply with Ind. Code §§ 16-20-1-21.5 and 16-22-8-31.3); from Aug. 1, 2021 (EO 21-19) the IDOH COVID-19 Control Measures under 410 IAC 1 and Commissioner Order CO 21-01 (isolation, quarantine, institutional reporting, contact tracing); from Sept. 2, 2021 (EO 21-24) the hospital non-emergent-procedure and daily reporting directives, IDOI prior-authorization directives, K-12 and child-care contact-tracing and reporting duties, and the close-contact masking and quarantine rules; the Indiana Supreme Court's expanded remote-proceedings authority (May 7, 2021 order); local instruments (Monroe County mask regulation Aug. 5-Sept. 30, 2021; Marion County orders in the MET-IND file); Indiana University's fall-2021 vaccination condition.

Preemption of local orders, State of Indiana: Indiana did not preempt local COVID-19 orders during 2020 and expressly authorized stricter local rules. Every stay-at-home and reopening order from EO 20-18 forward carried the same clause: "Pursuant to the Emergency Disaster Law, no local ordinance, directive, or order of any county, political subdivision, or other local government entity pertaining to this public health emergency, may contradict or impose less restrictive requirements than those set forth in this Executive Order, or else that ordinance, directive, or order will be void and of no force or effect. However, unless prohibited by an Executive Order, local ordinances, directives, and orders may be more restrictive" (EO 20-18 ¶ 22(a); EO 20-26 ¶ 36(a); EO 20-28 ¶ 23(a); EO 20-32 ¶ 24; EO 20-43 ¶ 10; EO 20-48 ¶ 12; EO 21-09 ¶ 12). The one restriction on local power, "No local unit of government and/or political subdivision may restrict travel within their jurisdiction above a Travel Watch status" (EO 20-18 ¶ 22(b); EO 20-26 ¶ 36(b); EO 20-28 ¶ 23(b)), was terminated by EO 20-29 effective 11:00 a.m. May 31, 2020. Marion County (Indianapolis), Monroe County, Elkhart, Lake, Cass and other counties imposed stricter or later-lifted rules under that authority (Marion County instruments are in the MET-IND file). From May 10, 2021, Senate Enrolled Act 5 (2021), enacted over the Governor's veto (Senate 36-10, House 59-30) and codified at Ind. Code § 16-20-1-21.5 (local health departments) and § 16-22-8-31.3 (the Marion County Health and Hospital Corporation), conditioned any local health order more stringent than, or not addressed by, the Governor's executive order on approval by the county legislative body or, for a city health department, by ordinance approved by the mayor, and created an appeal to the local legislative body from local enforcement actions. EO 21-15, 21-17, 21-19, 21-23, 21-24 and 21-27 incorporate that condition verbatim: local orders "may be more restrictive provided there is compliance with Ind. Code § 16-20-1-21.5 and § 16-22-8-31.3." The Monroe County regulation of Aug. 4, 2021 recites approval by the Board of Commissioners under that regime. No Indiana instrument barred local mask or capacity orders outright at any time through Sept. 30, 2021.

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

Federal layer

Ex. FED-272
COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks

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

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

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

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

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

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

Ex. FED-307
Updated Amended Standing Order 21-04

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

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

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

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

Enforcement: court order

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

Ex. FED-130
FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)

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

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

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

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

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

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

Ex. FED-133
FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)

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

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

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

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

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

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

Ex. FED-143
FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)

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

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

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

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

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

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

Ex. FED-113
FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)

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

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

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

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

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

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

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

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

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

State of Indiana

Ex. IN-065
Executive Order 21-16

Sixteenth Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from July 1, 2021 to July 31, 2021 (issued June 30, 2021)
Quarters
2021 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31 (in force on the first day)

This renewal of the COVID-19 public health emergency shall become effective on July 1, 2021, and shall now expire on July 31, 2021, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 21-16 (June 30, 2021) (Ex. IN-065) Open the exhibit

Ex. IN-066
Executive Order 21-17

Continuation of Limited Provisions to Address the Impact and Spread of the Coronavirus Disease (COVID-19)

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from July 1, 2021 to July 31, 2021 (issued June 30, 2021)
Quarters
2021 Q3
Limitations
Health care ordersVaccination or testingQuarantine and isolationOther
Functions reached
HR credentialing; IC (vaccination program); WF (unemployment waiting period suspended); CB (Medicaid eligibility maintained)
Grade
Primary source read
Days in this quarter
31 (in force on the first day)

Executive Order 21-15 is rescinded as of 11:59 p.m. on June 30, 2021.... As of June 30, 2021, at 11:59 p.m., all directives in prior Executive Orders which have been continued throughout the duration of this public health emergency are rescinded and cease. These Executive Orders are found in EO's numbered 20-03 through 20-53 and 21-01 through 21-15 (excepting 21-04 & 21-10 which were unrelated to the coronavirus public health emergency).... As to the coronavirus public health emergency, only the directives in this Executive Order and Executive Order 21-16 which was signed simultaneously with this Executive Order, are in effect.... Students who have been granted a temporary license will be permitted to provide health care services under his or her temporary license only through September 30, 2021.... Nothing in this Executive Order shall, in any way, alter or modify any existing legal…

Enforcement: Reservation of quarantine, isolation and closure authority (¶ 11); local orders void if less restrictive (¶ 12)

Citation: Governor Eric J. Holcomb, Executive Order 21-17 (June 30, 2021) (Ex. IN-066) Open the exhibit

Ex. IN-092
COVID-19 Control Measures under 410 IAC 1 (updated July 19, 2021)

Specific control measures for COVID-19: mandatory reporting, case investigation, isolation of cases, quarantine of close contacts, outbreak control in schools, health care and congregate settings

Indiana Department of Health (State Health Commissioner), Indiana (Sector regulator)

Dates
In force from July 19, 2021 to Mar. 3, 2022
Quarters
2021 Q3
Limitations
Schools and child careHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached
WF workforce (isolation and quarantine with exclusion from employment); IN and EC (school and child-care exclusion, tracing, reporting); IC infection control (health-care worker exclusion); RS residential care; CB
Grade
Primary source read
Days in this quarter
74 (in force on the last day)

(1) Every laboratory confirmed case of COVID-19 shall be reported to the local health officer and Indiana Department of Health within twenty-four (24) hours.... (4) Individuals who test positive for COVID-19 shall isolate, including exclusion from schools, preschools, daycare settings, employment, and public places, until: A. At least 10 days following the onset of symptoms or, if asymptomatic, at least 10 days from the date of collection of the positive test and must be at least 24 hours fever-free without fever-reducing medications and symptom improvement. (5) Asymptomatic individuals, unless fully vaccinated or recovered from a COVID-19 infection within the past 90 days, who are identified as a close contact of a COVID-19 case shall quarantine, including exclusion from schools, preschools, daycare settings, employment, and public places, until: A. 14 days after the date of last…

Enforcement: Communicable disease control rule under Ind. Code § 16-41-2-1 and 410 IAC 1; incorporated in EO 21-19, 21-24 and 21-27; school personnel 'shall' conduct absenteeism inquiries, report cases and send exclusion notices the same day

Citation: Indiana Department of Health (State Health Commissioner), COVID-19 Control Measures under 410 IAC 1 (updated July 19, 2021) (Ex. IN-092) Open the exhibit

Ex. IN-067
Executive Order 21-18

Seventeenth Renewal of the Public Health Emergency Declaration for the COVID-19 Outbreak

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Aug. 1, 2021 to Aug. 30, 2021 (issued July 29, 2021)
Quarters
2021 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
30

This renewal of the COVID-19 public health emergency shall become effective on August 1, 2021, and shall now expire on August 30, 2021, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 21-18 (July 29, 2021) (Ex. IN-067) Open the exhibit

Ex. IN-068
Executive Order 21-19

Further Continuation of Limited Provisions to Address the Impact and Spread of the Coronavirus Disease (COVID-19)

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Aug. 1, 2021 to Aug. 30, 2021 (issued July 29, 2021)
Quarters
2021 Q3
Limitations
Schools and child careHealth care ordersVaccination or testingQuarantine and isolationOther
Functions reached
WF workforce (quarantine and isolation); IN and EC (school and child-care reporting, tracing, quarantine); RS residential care; IC infection control
Grade
Primary source read
Days in this quarter
30

All directives in Executive Order 21-17, except the provision in paragraph 7(d) pertaining to prescribing amounts for opioid take-home medications, will remain in effect for the duration of this Executive Order.... The Indiana Department of Health, pursuant to Ind. Code § 16-41-2-1 and 410 Ind. Admin. Code § 1-2.5-79, has issued measures to control COVID-19. The measures require institutions and congregate care facilities, including K-12 educational institutions, post-secondary facilities, long-term care facilities, jails, prisons, childcare, and other congregate settings to report all known positive COVID-19 cases in a manner prescribed by the Indiana Department of Health. This reporting measure is also required by Commissioner Order # CO 21-01. The control measures further require investigation and contract tracing as well as appropriate isolation of those who test positive for…

Enforcement: IDOH control measures under Ind. Code § 16-41-2-1 and 410 IAC 1 (communicable disease rules; Commissioner Order CO 21-01); reservation of quarantine, isolation and closure authority

Citation: Governor Eric J. Holcomb, Executive Order 21-19 (July 29, 2021) (Ex. IN-068) Open the exhibit

Ex. IN-094
Klaassen v. Trustees of Indiana University, No. 21-2326 (7th Cir. Aug. 2, 2021) (published order), describing Indiana University's fall-2021 vaccination requirement

Indiana University's requirement that all students be vaccinated against COVID-19 for the fall 2021 semester, with masks and twice-weekly testing for exempt students, left in force

Trustees of Indiana University (vaccination condition); United States Court of Appeals for the Seventh Circuit (Easterbrook, J.) (order denying injunction pending appeal), Indiana (Indiana University, a State educational institution) / United States Court of Appeals for the Seventh Circuit (Court)

Dates
In force from Aug. 2, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementVaccination or testingQuarantine and isolation
Functions reached
CP campus housing and dining; IN in-person instruction; WF (student workforce; exempt students' testing); CB (Bloomington-area customer base)
Grade
Primary source read
Days in this quarter
60 (in force on the last day)

Starting next semester, all students at Indiana University must be vaccinated against COVID-19 unless they are exempt for religious or medical reasons. Exempt students must wear masks and be tested for the disease twice a week.... Vaccination is instead a condition of attending Indiana University.... Each university may decide what is necessary to keep other students safe in a congregate setting.... The motion for an injunction pending appeal is denied.

Enforcement: Condition of enrollment and attendance at a State university; district court's denial of preliminary injunction (N.D. Ind. July 18, 2021) left undisturbed

Citation: Trustees of Indiana University (vaccination condition); United States Court of Appeals for the Seventh Circuit (Easterbrook, J.) (order denying injunction pending appeal), Klaassen v. Trustees of Indiana University, No. 21-2326 (7th Cir. Aug. 2, 2021) (published order), describing Indiana University's fall-2021 vaccination requirement (Ex. IN-094) Open the exhibit

Ex. IN-086
Public Health Regulation and Order effective Aug. 5, 2021 (as reported by WISH-TV, Aug. 4, 2021)

Countywide indoor face-covering requirement regardless of vaccination status

Monroe County Health Officer (Dr. Thomas W. Sharp) and Monroe County Board of Health, approved by the Monroe County Board of Commissioners, Monroe County, Indiana (County)

Dates
In force from Aug. 5, 2021 to Sept. 30, 2021 (issued Aug. 4, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF; DR; OF; FC; CB; WF
Grade
Confirmed from a secondary source
Days in this quarter
57 (in force on the last day)

The Monroe County Health Officer, Dr. Thomas Sharp, and the Health Board issued a health order and regulation that requires all people in Monroe County, vaccinated or not, to wear a face covering while indoors in a public space... The order will expire on 9/30/21 unless rescinded earlier or renewed by the Health Board and Commissioners.

Enforcement: County health regulation (see the primary text at Ex. IN-093 ¶ 3, Enforcement and Signage)

Citation: Monroe County Health Officer (Dr. Thomas W. Sharp) and Monroe County Board of Health, approved by the Monroe County Board of Commissioners, Public Health Regulation and Order effective Aug. 5, 2021 (as reported by WISH-TV, Aug. 4, 2021) (Ex. IN-086) Open the exhibit

Ex. IN-093
Public Health Regulation and Order effective August 5, 2021 at 8:00 a.m.

Face-covering requirement in all indoor public places whenever Monroe County is in the State's yellow, orange or red advisory category

Monroe County Board of Health and Health Officer Dr. Thomas W. Sharp; approved by the Monroe County Board of Commissioners Aug. 4, 2021, Monroe County, Indiana (County)

Dates
In force from Aug. 5, 2021 to Sept. 30, 2021 (issued Aug. 4, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF; DR; BA; OF (indoor public places); FC; CB; WF
Grade
Primary source read
Days in this quarter
57 (in force on the last day)

Effective Thursday, August 5, 2021 at 8:00 AM, the following shall apply in Monroe County: 1. Face Covering Requirement: Unless an exception as stated in Paragraph 2, below, applies, anytime Monroe County is in the State of Indiana's yellow, orange, or red advisory category, based on State of Indiana metrics, ALL individuals must wear a face shield, face covering, or mask... over their nose and mouth when in an indoor public place and shall, at all times, follow current CDC guidelines in every situation.... i. Individuals who are seated at a restaurant, bar, or other establishment that serves food and/or drink and who are actively eating and drinking [are excepted]. However, individuals entering and exiting restaurants or bars, or congregating in waiting areas or common areas of restaurants or bars (including bathrooms), must wear face coverings. 3. Enforcement and Signage: All…

Enforcement: County health regulation under Ind. Code ch. 16-20-1; business signage and enforcement duties (¶ 3); approved by the Board of Commissioners as Ind. Code § 16-20-1-21.5 requires

Citation: Monroe County Board of Health and Health Officer Dr. Thomas W. Sharp; approved by the Monroe County Board of Commissioners Aug. 4, 2021, Public Health Regulation and Order effective August 5, 2021 at 8:00 a.m. (Aug. 4, 2021) (Ex. IN-093) Open the exhibit

Ex. IN-069
Executive Order 21-22

Eighteenth Renewal of the Emergency Declaration

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Aug. 31, 2021 to Sept. 30, 2021 (issued Aug. 30, 2021)
Quarters
2021 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31 (in force on the last day)

This renewal of the COVID-19 public health emergency shall become effective on August 31, 2021, and shall now expire on September 30, 2021, unless further renewed.

Enforcement: Predicate renewal

Citation: Governor Eric J. Holcomb, Executive Order 21-22 (Aug. 30, 2021) (Ex. IN-069) Open the exhibit

Ex. IN-070
Executive Order 21-23

Limited Continuation of Provisions to Address the Impact and Spread of the Coronavirus Disease (COVID-19)

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Aug. 31, 2021 to Sept. 1, 2021 (issued Aug. 30, 2021)
Quarters
2021 Q3
Limitations
Health care ordersVaccination or testingOther
Functions reached
HR; IC; WF; CB
Grade
Primary source read
Days in this quarter
2

As previously extended in Executive Order 21-19, the directives in Executive Order 21-17, except the provision in paragraph 7(d) pertaining to prescribing amounts for opioid take-home medications, will remain in effect for the duration of this Executive Order.

Enforcement: Reservation of quarantine, isolation and closure authority; local-order clause

Citation: Governor Eric J. Holcomb, Executive Order 21-23 (Aug. 30, 2021) (Ex. IN-070) Open the exhibit

Ex. IN-071
Executive Order 21-24

Further Continuation of Limited Provisions to Address the Impact and Spread of the Coronavirus Disease (COVID-19)

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Sept. 2, 2021 to Sept. 30, 2021 (issued Sept. 1, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careHealth care ordersVaccination or testingQuarantine and isolationOther
Functions reached
SX surgery and elective procedures; ED and IP (diversion and capacity reporting); IN and EC (tracing, notification, reporting); WF (close-contact masking; quarantine; isolation); CB patients and payers (prior authorizations)
Grade
Primary source read
Days in this quarter
29 (in force on the last day)

Due to the current strain on our health care system, hospitals are directed to implement evidence-based criteria to ensure sufficient capacity and staffing to care for all patients, and where necessary, should reprioritize or postpone non-emergent surgeries or procedures.... Hospitals must report the following to the IDOH's EM Resource system... diversion status... number of hours spent in diversion for Emergency Departments (ED) and critical care units for the previous day must be reported daily... K-12 educational institutions and childcare facilities must continue to perform contact tracing activities, provide parental notification to close contacts to allow for monitoring of symptoms, and report all known positive COVID-19 cases to state and local health departments... Fully vaccinated individuals who are close contacts of a person who tests positive for COVID-19 may continue their…

Enforcement: IDOH control measures and Commissioner Order CO 21-01; reservation of quarantine, isolation and closure authority (¶ 8); local orders void if less restrictive, permitted if more restrictive under Ind. Code §§ 16-20-1-21.5 and 16-22-8-31.3 (¶ 9)

Citation: Governor Eric J. Holcomb, Executive Order 21-24 (Sept. 1, 2021) (Ex. IN-071) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. IN-011Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. IN-011)In force from Apr. 1, 2020 to Sept. 30, 2021 (issued Mar. 30, 2020)Business closureHealth care orders
Ex. IN-001Governor Eric J. Holcomb, Executive Order 20-02 (Mar. 6, 2020) (Ex. IN-001)In force from Mar. 6, 2020 to Mar. 3, 2022Emergency declaration
Ex. IN-081Indiana Supreme Court, Order Extending Authority for Expanded Remote Hearings, No. 20S-CB-123 (May 7, 2021) (Ex. IN-081)In force from May 7, 2021 to Sept. 30, 2021Courts and public offices
Ex. IN-089Indiana General Assembly (Senate Enrolled Act 5, 2021), as described in Taft Stettinius & Hollister LLP, 'The 2021 Indiana General Assembly in Review' (June 30, 2021), Senate Enrolled Act 5 (2021), 'Local Health Departments; Public Health Emergencies' (law-firm description) (May 10, 2021) (Ex. IN-089)In force from May 10, 2021 to Sept. 30, 2021Other
Ex. IN-095Indiana General Assembly, Senate Enrolled Act 5 (2021) (enrolled act text) (May 10, 2021) (Ex. IN-095)In force from May 10, 2021 to Sept. 30, 2021Other
Ex. IN-063Governor Eric J. Holcomb, Executive Order 21-14 (May 28, 2021) (Ex. IN-063)In force from June 1, 2021 to July 1, 2021 (issued May 28, 2021)Emergency declaration

Agencies, boards and authorities: Indiana

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

End of general restrictions, State of Indiana: Executive Order 21-09 (Mar. 31, 2021; effective 12:01 a.m. Apr. 6, 2021) ended the public face-covering mandate, the statewide gathering and event caps and the seated-service rule for restaurants and bars; Executive Order 21-15 (May 28, 2021) rescinded EO 21-12 and with it the business COVID-response-plan and IOSHA directives as of 11:59 p.m. May 31, 2021; Executive Order 21-17 (June 30, 2021) rescinded all directives in EOs 20-03 through 20-53 and 21-01 through 21-15 as of 11:59 p.m. June 30, 2021 (Ex. IN-059, IN-064, IN-066) (2021-04-06 (public mask mandate, gathering caps, seated service); 2021-05-31 (business plan and IOSHA directives); 2021-06-30 (K-12 mask mandate and school quarantine directives; all Stage and county-based directives)). What remained: The public health disaster emergency (renewed monthly by EO 21-16, 21-18, 21-22, 21-26 and successors to Mar. 3, 2022); the EO 21-17 series (temporary health-care licensing through Sept. 30 then Dec. 31, 2021; PREP Act vaccinator authorizations; FSSA Medicaid, HIP, CHIP and TANF waivers; DWD provisions; the reservation of State and local authority to order quarantine, isolation or closure of a specific location; the rule that local orders may be more restrictive if they comply with Ind. Code §§ 16-20-1-21.5 and 16-22-8-31.3); from Aug. 1, 2021 (EO 21-19) the IDOH COVID-19 Control Measures under 410 IAC 1 and Commissioner Order CO 21-01 (isolation, quarantine, institutional reporting, contact tracing); from Sept. 2, 2021 (EO 21-24) the hospital non-emergent-procedure and daily reporting directives, IDOI prior-authorization directives, K-12 and child-care contact-tracing and reporting duties, and the close-contact masking and quarantine rules; the Indiana Supreme Court's expanded remote-proceedings authority (May 7, 2021 order); local instruments (Monroe County mask regulation Aug. 5-Sept. 30, 2021; Marion County orders in the MET-IND file); Indiana University's fall-2021 vaccination condition.

Preemption of local orders, State of Indiana: Indiana did not preempt local COVID-19 orders during 2020 and expressly authorized stricter local rules. Every stay-at-home and reopening order from EO 20-18 forward carried the same clause: "Pursuant to the Emergency Disaster Law, no local ordinance, directive, or order of any county, political subdivision, or other local government entity pertaining to this public health emergency, may contradict or impose less restrictive requirements than those set forth in this Executive Order, or else that ordinance, directive, or order will be void and of no force or effect. However, unless prohibited by an Executive Order, local ordinances, directives, and orders may be more restrictive" (EO 20-18 ¶ 22(a); EO 20-26 ¶ 36(a); EO 20-28 ¶ 23(a); EO 20-32 ¶ 24; EO 20-43 ¶ 10; EO 20-48 ¶ 12; EO 21-09 ¶ 12). The one restriction on local power, "No local unit of government and/or political subdivision may restrict travel within their jurisdiction above a Travel Watch status" (EO 20-18 ¶ 22(b); EO 20-26 ¶ 36(b); EO 20-28 ¶ 23(b)), was terminated by EO 20-29 effective 11:00 a.m. May 31, 2020. Marion County (Indianapolis), Monroe County, Elkhart, Lake, Cass and other counties imposed stricter or later-lifted rules under that authority (Marion County instruments are in the MET-IND file). From May 10, 2021, Senate Enrolled Act 5 (2021), enacted over the Governor's veto (Senate 36-10, House 59-30) and codified at Ind. Code § 16-20-1-21.5 (local health departments) and § 16-22-8-31.3 (the Marion County Health and Hospital Corporation), conditioned any local health order more stringent than, or not addressed by, the Governor's executive order on approval by the county legislative body or, for a city health department, by ordinance approved by the mayor, and created an appeal to the local legislative body from local enforcement actions. EO 21-15, 21-17, 21-19, 21-23, 21-24 and 21-27 incorporate that condition verbatim: local orders "may be more restrictive provided there is compliance with Ind. Code § 16-20-1-21.5 and § 16-22-8-31.3." The Monroe County regulation of Aug. 4, 2021 recites approval by the Board of Commissioners under that regime. No Indiana instrument barred local mask or capacity orders outright at any time through Sept. 30, 2021.

Third quarter of 2021: the instruments in force, State of Indiana

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):

  • IN-065 EO 21-16 (sixteenth renewal of the public health emergency, July 1-31, 2021)
  • IN-066 EO 21-17 (July 1-31, 2021: health-care licensing, PREP Act, FSSA, DWD; quarantine, isolation and closure authority reserved; local orders may be more restrictive under Ind. Code §§ 16-20-1-21.5, 16-22-8-31.3)
  • IN-067 EO 21-18 (seventeenth renewal, Aug. 1-30, 2021)
  • IN-068 EO 21-19 (Aug. 1-30, 2021: EO 21-17 directives continued; IDOH Control Measures and Commissioner Order CO 21-01 reporting, investigation, isolation and quarantine requirements for K-12, post-secondary, long-term care, jails, child care and congregate settings)
  • IN-069 EO 21-22 (eighteenth renewal, Aug. 31-Sept. 30, 2021)
  • IN-070 EO 21-23 (Aug. 31-Sept. 1, 2021 continuation)
  • IN-071 EO 21-24 (Sept. 2-30, 2021: hospital non-emergent-procedure and daily reporting directives; IDOI prior-authorization directives; school and child-care contact tracing and reporting; close-contact masking and quarantine rules; temporary licenses extended to Dec. 31, 2021)
  • IN-072 EO 21-26 and IN-073 EO 21-27 (signed Sept. 30, 2021; nineteenth renewal and continuation effective Oct. 1)
  • IN-092 IDOH COVID-19 Control Measures under 410 IAC 1 (Ind. Code § 16-41-2-1; updated July 19, 2021): isolation and quarantine with exclusion from employment, schools and public places; 24-hour case reporting by institutions
  • IN-093 Monroe County Public Health Regulation and Order (Aug. 4, 2021; effective 8:00 a.m. Aug. 5 through Sept. 30, 2021): face coverings in all indoor public places regardless of vaccination status; business signage and enforcement duties
  • IN-094 Indiana University vaccination condition for the fall 2021 semester with masking and twice-weekly testing for exempt students (as found in Klaassen v. Trustees of Indiana University, 7th Cir. Aug. 2, 2021)
  • IN-081 Indiana Supreme Court Order Extending Authority for Expanded Remote Hearings (May 7, 2021; in effect until further order)
  • IN-089 / Ind. Code § 16-20-1-21.5 (SEA 5, effective May 10, 2021): the legislative-approval structure governing every local health order in force in Q3 2021
  • Marion County (Indianapolis) public health orders: see MET-IND

5. Standing duties in Indiana

Indiana law imposed, throughout the six quarters, four standing duties that made the pandemic protocols compulsory for every employer and every operator of premises open to the public. First, the communicable-disease title of the Indiana Code (Title 16, Article 41) empowered the State Department of Health and every local health officer to impose isolation and quarantine, by court order or, in exigent circumstances, by immediate order posted on the premises, and made violation of a condition of isolation or quarantine a Class A misdemeanor (Ind. Code 16-41-9-1.5(k), (t)); the Department's communicable-disease rule, 410 IAC 1-2.5, directed health officers to place 'such restrictions upon the movements of cases or carriers and their contacts as may be reasonably necessary to prevent the spread of disease' and to require cases to cease 'conduct that constitutes a health threat to others' (410 IAC 1-2.5-79(2), (8)(E)); the Department's COVID-19 Control Measures issued under that rule required every positive case to isolate and every unvaccinated close contact to quarantine 'including exclusion from... employment' (Ex. IN-092; Ex. DUT-IN-018). Second, the local-health-department article forbade every person to 'institute, permit, or maintain any conditions that may transmit, generate, or promote disease,' required health officers to order abatement, and authorized enforcement by injunction, license suspension, vacation of property and civil penalty (Ind. Code 16-20-1-25, 16-20-1-26); the State Department held the parallel powers to 'establish quarantine,' 'forbid public gatherings' and 'issue an order condemning or abating conditions causative of disease' (Ind. Code 16-19-3-9 to -12). Third, the Emergency Management and Disaster Law gave the Governor's orders 'the full force and effect of law' (Ind. Code 10-14-3-22(b)), authorized him to 'control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises in the area' (Ind. Code 10-14-3-12(d)(7)), and made a knowing, intentional or reckless violation a Class B misdemeanor through April 14, 2021 (Ind. Code 10-14-3-34 (2020 ed.)) and a Class B infraction carrying a judgment of up to $1,000 thereafter (Ind. Code 10-14-3-34 (2021 ed.), as amended by P.L.64-2021; Ind. Code 34-28-5-4(b)). Every stay-at-home and reopening order recited the misdemeanor (Exs. IN-016, IN-024, IN-026, IN-030). Fourth, the Indiana Occupational Safety and Health Act bound every employer to 'establish and maintain conditions of work which are reasonably safe and healthful for employees, and free from recognized hazards that are causing or are likely to cause death or serious physical harm' (Ind. Code 22-8-1.1-2) and to comply with the adopted standards (Ind. Code 22-8-1.1-3.1; 620 IAC 1-1-1 adopting 29 C.F.R. Part 1910), on pain of civil penalties of up to $7,000 per violation and $70,000 for repeated or knowing violations (Ind. Code 22-8-1.1-27.1). The Governor's orders wrote this duty into the pandemic regime in terms: 'All employers, whether manufacturers, distributors, professional offices, retailers or others, must comply with safety and health standards established and enforced by IOSHA. Employers are subject to specific standards to prevent the exposure or spread of a disease. Additionally, the General Duty Clause requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm' (Ex. IN-024 para. 4(b); Ex. IN-016; Ex. IN-061). The Indiana Department of Labor administered that duty against the CDC's business guidance: IOSHA 'required employers to demonstrate they were following both Centers for Disease Control business COVID guidelines as part of general duty and any guidance federal OSHA recommended,' collected 'thousands of documents that employers were required to submit in response to complaints,' received more than 6,700 valid complaints in 2020 and 2021 against a pre-pandemic average of about 1,200 a year, conducted more than 120 inspections and issued citations (Ex. DUT-IN-020; federal OSHA's FAME reports record 6,200 complaints in FY 2020 and 3,157 complaint investigations in FY 2021, Exs. DUT-IN-011, DUT-IN-010). The COVID-19 civil-immunity statute (Ind. Code 34-30-32, P.L.1-2021, signed Feb. 18, 2021, retroactive to causes accruing on or after Mar. 1, 2020) contains no compliance-with-guidance condition in terms; it withholds immunity from 'gross negligence or willful or wanton misconduct' proven by clear and convincing evidence (Ind. Code 34-30-32-7), so the governmental protocols remained the measure of the conduct a business had to meet. A federal court applying Indiana law held in December 2020 that the Epidemic Statute (Ind. Code 16-20-1-24) authorized the Marion County health officer to close and restrict bars, nightclubs and restaurants and that the health department 'acted within the authority granted to them' (Ex. DUT-IN-009).

The phase question

Whether the measures employers took beyond the four corners of the emergency orders were 'voluntary' within Notice 2021-20 Q&A-14, or were compelled by standing legal duties.

The State's standing duties

Ex. DUT-IN-001

Ind. Code Title 16, Article 41: chapter 2 (Communicable Disease: Duty to Report; section 16-41-2-1) and chapter 9 (Communicable Disease: Imposition of Restrictions on Individuals; sections 16-41-9-1.5, 16-41-9-1.6)

Public Health Measures for the Prevention and Control of Disease

Indiana General Assembly (Indiana Code 2021 edition, published by the Indiana General Assembly), Indiana (State)

Dates
Standing (In force before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureGathering capQuarantine and isolationStanding duty
Character
statutory authority
Grade
Primary source read

The public health authority may issue an immediate order imposing isolation or quarantine on an individual if exigent circumstances, including the number of affected individuals, exist that make it impracticable for the public health authority to seek an order from a court, and obtaining the individual's voluntary compliance is or has proven impracticable or ineffective.

Enforcement: Ind. Code 16-41-9-1.5(t): 'A person who knowingly or intentionally violates a condition of isolation or quarantine under this chapter commits violating quarantine or isolation, a Class A misdemeanor.' (Indiana Class A misdemeanor: up to one year and $5,000.)

Citation: Indiana General Assembly (Indiana Code 2021 edition, published by the Indiana General Assembly), Ind. Code Title 16, Article 41: chapter 2 (Communicable Disease: Duty to Report; section 16-41-2-1) and chapter 9 (Communicable Disease: Imposition of Restrictions on Individuals; sections 16-41-9-1.5, 16-41-9-1.6) (standing) (Ex. DUT-IN-001) Open the exhibit

Ex. DUT-IN-002

Ind. Code Title 10, Article 14, chapter 3: sections 10-14-3-11 (governor's orders), 10-14-3-12 (disaster emergency; gubernatorial powers), 10-14-3-22(b) (orders have the force of law), 10-14-3-34 (infraction, as amended by P.L.64-2021)

Emergency Management and Disaster Law (2021 edition, including the 2021 amendment of the penalty section)

Indiana General Assembly (Indiana Code 2021 edition), Indiana (State)

Dates
Standing (Section 34 in its infraction form from April 15, 2021 (verified_secondary as to the date: Holcomb v. Bray, No. 21S-PL-518 (Ind. June 3, 2022), slip op. at 2-3 ('because an emergency was declared for HEA-1123, the law went into effect immediately'), and contemporaneous press reports of the April 15, 2021 override); the remaining sections in force before March 1, 2020)
Quarters
2021 Q22021 Q3
Limitations
Emergency declarationStay-at-homeCapacity limitAlcohol and barsStanding duty
Character
order penalty
Grade
Primary source read

A person who knowingly, intentionally, or recklessly violates this chapter or an order authorized by this chapter commits a Class B infraction.

Enforcement: Class B infraction from April 15, 2021: judgment of up to $1,000 for each violation (Ind. Code 34-28-5-4(b), Ex. DUT-IN-017). Before April 15, 2021 the same section made the violation a Class B misdemeanor (Ex. DUT-IN-015).

Citation: Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 10, Article 14, chapter 3: sections 10-14-3-11 (governor's orders), 10-14-3-12 (disaster emergency; gubernatorial powers), 10-14-3-22(b) (orders have the force of law), 10-14-3-34 (infraction, as amended by P.L.64-2021) (standing) (Ex. DUT-IN-002) Open the exhibit

Ex. DUT-IN-003

Ind. Code Title 16, Article 20, chapter 1: sections 16-20-1-21.5 (SEA 5 of 2021), 16-20-1-22, 16-20-1-24 (epidemic control), 16-20-1-25 (unlawful conditions; abatement; enforcement), 16-20-1-26 (enforcement in circuit or superior court), 16-20-1-28

Local Health Departments: epidemic-control powers, the duty of every person not to maintain disease-transmitting conditions, and enforcement

Indiana General Assembly (Indiana Code 2021 edition), Indiana (State)

Dates
Standing (Sections 24(a), 25(a), 25(c) and 26(a), (c) in force in substance before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3; the 2021 additions from their dates)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureGathering capSchools and child careStanding dutyOperating condition
Character
statutory duty
Grade
Primary source read

A person shall not institute, permit, or maintain any conditions that may transmit, generate, or promote disease.... If a person refuses or neglects to obey an order issued under this section, the attorney representing the county... shall... institute proceedings in the courts for enforcement. An order may be enforced by injunction.

Enforcement: Section 25(c): court enforcement 'by injunction'; if 'a criminal offense,' notification of law enforcement. Section 26(c): the court may issue an injunction, order suspension or revocation of a license, order an inspection, order that a property be vacated, impose 'a penalty not to exceed an amount set forth in IC 36-1-3-8(a)(10)' (ordinance-violation penalty ceiling: $2,500 first violation…

Citation: Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 16, Article 20, chapter 1: sections 16-20-1-21.5 (SEA 5 of 2021), 16-20-1-22, 16-20-1-24 (epidemic control), 16-20-1-25 (unlawful conditions; abatement; enforcement), 16-20-1-26 (enforcement in circuit or superior court), 16-20-1-28 (standing) (Ex. DUT-IN-003) Open the exhibit

Ex. DUT-IN-004

Ind. Code Title 16, Article 19, chapter 3: sections 16-19-3-4 (rules to protect the public health, including 'nuisances dangerous to public health' and 'the detection, reporting, prevention, and control of diseases'), 16-19-3-9 (quarantine), 16-19-3-10 (epidemics), 16-19-3-11 (abatement of conditions causative of disease), 16-19-3-12 (State enforcement within local jurisdictions in a public health emergency)

State Department of Health: quarantine, epidemic-control, abatement and emergency-enforcement powers

Indiana General Assembly (Indiana Code 2021 edition), Indiana (State)

Dates
Standing (In force before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureGathering capSchools and child careQuarantine and isolationStanding dutyOperating condition
Character
statutory authority
Grade
Primary source read

The state department may establish quarantine and may do what is reasonable and necessary for the prevention and suppression of disease.... The state department may order schools closed and forbid public gatherings when considered necessary to prevent and stop epidemics.... The state department may issue an order condemning or abating conditions causative of disease.

Enforcement: Enforcement through the State Department's orders and the local enforcement powers it may assume (section 12(a)); removal of a non-enforcing local health officer (section 12(b)); the criminal and civil sanctions of Title 16 apply to the underlying duties (Exs. DUT-IN-001, DUT-IN-003, DUT-IN-016)

Citation: Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 16, Article 19, chapter 3: sections 16-19-3-4 (rules to protect the public health, including 'nuisances dangerous to public health' and 'the detection, reporting, prevention, and control of diseases'), 16-19-3-9 (quarantine), 16-19-3-10 (epidemics), 16-19-3-11 (abatement of conditions causative of disease), 16-19-3-12 (State enforcement within local jurisdictions in a public health emergency) (standing) (Ex. DUT-IN-004) Open the exhibit

Ex. DUT-IN-005

Ind. Code Title 22, Article 8, chapter 1.1: sections 22-8-1.1-1 ('employer' defined), 22-8-1.1-2 (employer's duty), 22-8-1.1-3.1 (compliance with standards), 22-8-1.1-27.1 (civil penalties)

Indiana Occupational Safety and Health Act: the general duty of every employer and the penalties

Indiana General Assembly (Indiana Code 2021 edition), Indiana (State)

Dates
Standing (In force before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Primary source read

Each employer shall establish and maintain conditions of work which are reasonably safe and healthful for employees, and free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.... Every employer shall comply with the occupational health and safety standards promulgated under this chapter

Enforcement: Ind. Code 22-8-1.1-27.1(a): civil penalties of up to $7,000 for each non-serious or serious violation and for each day a violation continues uncorrected; up to $70,000 for each repeated violation; not less than $5,000 and up to $70,000 for each knowing violation; not less than $9,472 and up to $132,598 for a knowing violation that contributed to an employee fatality. Subsection (b): a serious…

Citation: Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 22, Article 8, chapter 1.1: sections 22-8-1.1-1 ('employer' defined), 22-8-1.1-2 (employer's duty), 22-8-1.1-3.1 (compliance with standards), 22-8-1.1-27.1 (civil penalties) (standing) (Ex. DUT-IN-005) Open the exhibit

Ex. DUT-IN-006

Ind. Code Title 34, Article 30, chapter 32, sections 34-30-32-1 to 34-30-32-11 (and chapter 33, sections 34-30-33-1 to -9)

Civil Immunity Related to COVID-19 (SEA 1 of 2021): immunity for damages arising from COVID-19 on premises and in activities, with the exception for gross negligence and willful or wanton misconduct

Indiana General Assembly (Senate Enrolled Act 1 (2021), P.L.1-2021, signed by Governor Eric J. Holcomb Feb. 18, 2021; Indiana Code 2021 edition), Indiana (State)

Dates
Standing (2021-02-18, retroactive to causes of action accruing on or after 2020-03-01)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOperating conditionOther
Character
liability shield condition
Grade
Primary source read

a person is immune from civil tort liability for damages arising from COVID-19: (1) on the premises owned or operated by the person;... This chapter does not grant immunity from civil tort liability to a person whose actions or omissions constitute gross negligence or willful or wanton misconduct (including fraud and intentionally tortious acts) as proven by clear and convincing evidence.

Enforcement: Not a penal statute. Its operative consequence is that ordinary-negligence claims arising from COVID-19 are barred while claims for gross negligence or willful or wanton misconduct proven by clear and convincing evidence proceed; class actions for tort damages arising from COVID-19 are prohibited (section 10).

Citation: Indiana General Assembly (Senate Enrolled Act 1 (2021), P.L.1-2021, signed by Governor Eric J. Holcomb Feb. 18, 2021; Indiana Code 2021 edition), Ind. Code Title 34, Article 30, chapter 32, sections 34-30-32-1 to 34-30-32-11 (and chapter 33, sections 34-30-33-1 to -9) (standing) (Ex. DUT-IN-006) Open the exhibit

Ex. DUT-IN-007

410 IAC 1-2.5, Communicable Disease Reporting and Control (Title 410, Article 1, Rule 2.5; official compilation published by the Indiana Department of Health): sections 410 IAC 1-2.5-75 and -76 (reporting), -77 (disease intervention measures), -79 (general control measures), -80 to -148 (specific control measures)

Communicable Disease Reporting and Control rule: duties of health officers, cases, carriers and contacts; general and specific control measures

Indiana Department of Health (Indiana State Department of Health; executive board rulemaking under Ind. Code 16-19-3-4 and 16-41-2-1), Indiana (State)

Dates
Standing (In force before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesQuarantine and isolationStanding dutyOperating condition
Character
statutory duty
Grade
Primary source read

A local health officer or the commissioner, upon learning or being notified of communicable diseases that are not covered by any specific control measures in this section, shall place such restrictions upon the movements of cases or carriers and their contacts as may be reasonably necessary to prevent the spread of disease.

Enforcement: Enforced through the isolation and quarantine orders and Class A misdemeanor of Ind. Code 16-41-9-1.5 (Ex. DUT-IN-001), the abatement and injunction powers of Ind. Code 16-20-1-25 and -26 (Ex. DUT-IN-003) and the State enforcement power of Ind. Code 16-19-3-12 (Ex. DUT-IN-004); the rule itself carries no separate fine

Citation: Indiana Department of Health (Indiana State Department of Health; executive board rulemaking under Ind. Code 16-19-3-4 and 16-41-2-1), 410 IAC 1-2.5, Communicable Disease Reporting and Control (Title 410, Article 1, Rule 2.5; official compilation published by the Indiana Department of Health): sections 410 IAC 1-2.5-75 and -76 (reporting), -77 (disease intervention measures), -79 (general control measures), -80 to -148 (specific control measures) (standing) (Ex. DUT-IN-007) Open the exhibit

Ex. DUT-IN-008

'LHD guidance on Communicable Disease Laws' (guidance to local health departments, with the statutory and regulatory text appended; footer 'Last updated: 10.25.21')

Local health department guidance stating that Indiana communicable-disease law requires compliance with control measures for COVID-19

Indiana Department of Health, Infectious Disease Epidemiology and Prevention Division, Indiana (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Schools and child careQuarantine and isolationStanding duty
Character
agency position statement
Grade
Primary source read

In Indiana, communicable disease laws require individuals, schools, healthcare settings, etc. to comply with disease intervention activities, called control measures, to help stop the spread of disease. Pursuant to IC 16-41-2-1, the Indiana Department of Health is required to publish a list of reportable communicable diseases and their control measures on its website.

Enforcement: As stated in the appended law: Ind. Code 16-41-9-1.5 and 410 IAC 1-2.5-79 (Exs. DUT-IN-001, DUT-IN-007)

Citation: Indiana Department of Health, Infectious Disease Epidemiology and Prevention Division, 'LHD guidance on Communicable Disease Laws' (guidance to local health departments, with the statutory and regulatory text appended; footer 'Last updated: 10.25.21') (standing) (Ex. DUT-IN-008) Open the exhibit

Ex. DUT-IN-009

Order on Motion to Remand and Motion for Preliminary Injunctive Relief, Bar Indy LLC v. City of Indianapolis, No. 1:20-cv-02482-JMS-DML, Doc. 33 (S.D. Ind. Dec. 22, 2020) (43 pages)

Federal decision holding that the Marion County health officer acted within the authority of Ind. Code 16-20-1-24 in closing and restricting bars, nightclubs and restaurants by Public Health Orders 22-2020 through 38-2020, and denying the businesses' preliminary injunction

Chief Judge Jane Magnus-Stinson, U.S. District Court, S.D. Ind., Indiana (United States District Court for the Southern District of Indiana, Indianapolis Division, applying Indiana law) (Court)

Dates
Standing (2020-12-22)
Quarters
2020 Q4
Limitations
Business closureCapacity limitGathering capCurfew and hoursAlcohol and bars
Character
adjudication
Grade
Primary source read

The Epidemic Statute empowers the health officer to "forbid public gatherings" when the health officer finds doing so "necessary to prevent and stop epidemics"... The General Assembly has authorized local health officers to make the factual determination of when forbidding gatherings is necessary to prevent an epidemic.

Enforcement: Not applicable (judicial decision); the underlying orders were enforceable under Ind. Code 16-20-1-25 and -26 (Ex. DUT-IN-003)

Citation: Chief Judge Jane Magnus-Stinson, U.S. District Court, S.D. Ind, Order on Motion to Remand and Motion for Preliminary Injunctive Relief, Bar Indy LLC v. City of Indianapolis, No. 1:20-cv-02482-JMS-DML, Doc. 33 (S.D. Ind. Dec. 22, 2020) (43 pages) (Ex. DUT-IN-009) Open the exhibit

Ex. DUT-IN-010

FY 2021 Comprehensive Federal Annual Monitoring Evaluation (FAME) Report, Indiana Occupational Safety and Health Administration (evaluation period Oct. 1, 2020 to Sept. 30, 2021)

Federal OSHA's evaluation of IOSHA's FY 2021 enforcement, recording 3,157 COVID-heavy complaint investigations and inspections of COVID-19 related hazards under the general duty clause

U.S. Department of Labor, Occupational Safety and Health Administration, Region V (Chicago), Indiana (State plan monitored by federal OSHA Region V) (Federal)

Dates
Standing (Describes enforcement during 2020 Q4 through 2021 Q3)
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
enforcement record
Grade
Primary source read

IOSHA completed 3,157 complaint investigations in FY 2021. While this number is quite a bit less than in FY 2020, many of these were COVID-related and the number of complaint investigations is significantly more than in FY 2018 and FY 2019 when there were 1,369 and 1,228 complaint investigations respectively.

Enforcement: Enforcement record; penalties under Ind. Code 22-8-1.1-27.1 (Ex. DUT-IN-005)

Citation: U.S. Department of Labor, Occupational Safety and Health Administration, Region V (Chicago), FY 2021 Comprehensive Federal Annual Monitoring Evaluation (FAME) Report, Indiana Occupational Safety and Health Administration (evaluation period Oct. 1, 2020 to Sept. 30, 2021) (Ex. DUT-IN-010) Open the exhibit

Ex. DUT-IN-011

FY 2020 Follow-up Federal Annual Monitoring Evaluation (FAME) Report, Indiana Occupational Safety and Health Administration (evaluation period Oct. 1, 2019 to Sept. 30, 2020)

Federal OSHA's evaluation of IOSHA's FY 2020 enforcement, recording over 6,200 complaints (5,098 in the second half of the year), automated employer letters for COVID-19 complaints and the March 23 to July 10, 2020 pause of onsite inspections

U.S. Department of Labor, Occupational Safety and Health Administration, Region V (Chicago), Indiana (State plan monitored by federal OSHA Region V) (Federal)

Dates
Standing (Describes enforcement during 2020 Q2 and 2020 Q3)
Quarters
2020 Q22020 Q3
Limitations
Workplace rulesStanding duty
Character
enforcement record
Grade
Primary source read

IOSHA received and processed significantly more complaints in the second half of FY 2020 than they have ever received for any similar time period. They received over 6,200 complaints during the fiscal year and 5,098 of these were received in the second half of the year.... Indiana's Commissioner of Labor at the time directed staff to pause onsite inspections from March 23 to July 10.

Enforcement: Enforcement record; penalties under Ind. Code 22-8-1.1-27.1 (Ex. DUT-IN-005)

Citation: U.S. Department of Labor, Occupational Safety and Health Administration, Region V (Chicago), FY 2020 Follow-up Federal Annual Monitoring Evaluation (FAME) Report, Indiana Occupational Safety and Health Administration (evaluation period Oct. 1, 2019 to Sept. 30, 2020) (Ex. DUT-IN-011) Open the exhibit

Ex. DUT-IN-012

'Guidance for Employers During the COVID-19 Response' (July 20, 2020)

ISDH occupational guidance: identification of workers exempt from the stay-at-home orders; public-health management of exposed critical-infrastructure workers (pre-screening, masks, distancing); management of sick employees; cleaning; local health officer coordination

Indiana State Department of Health (coronavirus.in.gov), Indiana (State)

Dates
Standing (2020-07-20 (guidance; describes EO 20-08, EO 20-18 and the Back on Track plan))
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Workplace rulesQuarantine and isolation
Character
recommendation only
Grade
Primary source read

Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work. Ideally, temperature checks should happen before the individual enters the facility.... Employees with the signs and symptoms above should immediately enter self-isolation at home.

Enforcement: None in the document; the incorporating orders carried the Class B misdemeanor (Exs. IN-016, IN-024) and the IOSHA civil penalties (Ex. DUT-IN-005)

Citation: Indiana State Department of Health (coronavirus.in.gov), 'Guidance for Employers During the COVID-19 Response' (July 20, 2020) (Ex. DUT-IN-012) Open the exhibit

Ex. DUT-IN-013

IDOL web page, 'Non-formal IOSHA Complaints Related to COVID-19' (live page, rendered Sept. 28, 2026; the page refers to the May 1, 2020 Back On Track plan and to the IDOL COVID-19 page, Ex. DUT-IN-014)

IDOL statement that COVID-19 workplace complaints are received and processed through the IOSHA formal and non-formal complaint process

Indiana Department of Labor (IOSHA), Indiana (State)

Dates
Standing (2020 Q2 through 2021 Q3 (the complaint channel described was open throughout))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
agency position statement
Grade
Primary source read

For all formal and non-formal IOSHA complaints including COVID-19 complaints, please use the standard form at www.in.gov/dol/2733.htm.

Enforcement: Complaint-driven enforcement under Ind. Code 22-8-1.1-27.1 (Ex. DUT-IN-005)

Citation: Indiana Department of Labor (IOSHA), IDOL web page, 'Non-formal IOSHA Complaints Related to COVID-19' (live page, rendered Sept. 28, 2026; the page refers to the May 1, 2020 Back On Track plan and to the IDOL COVID-19 page, Ex. DUT-IN-014) (standing) (Ex. DUT-IN-013) Open the exhibit

Ex. DUT-IN-014

IDOL web page, 'Coronavirus (COVID-19)' (www.in.gov/dol/3142.htm), Wayback Machine capture of May 29, 2020

IDOL's COVID-19 page: IOSHA will continue to accept and process COVID-19 safety and health complaints; the PPE standards and the General Duty Clause apply to preventing occupational exposure; OSHA enforcement memoranda listed

Indiana Department of Labor (IOSHA), Indiana (State)

Dates
Standing (2020 Q2 through 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
agency position statement
Grade
Primary source read

We will continue to accept and process safety and health complaints related to the COVID-19 pandemic through our IOSHA nonformal complaint form... The General Duty Clause... 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."

Enforcement: Complaint-driven enforcement under Ind. Code 22-8-1.1-27.1 (Ex. DUT-IN-005)

Citation: Indiana Department of Labor (IOSHA), IDOL web page, 'Coronavirus (COVID-19)' (www.in.gov/dol/3142.htm), Wayback Machine capture of May 29, 2020 (standing) (Ex. DUT-IN-014) Open the exhibit

Ex. DUT-IN-015

Ind. Code Title 10, Article 14 (2020 edition): section 10-14-3-34 (Offenses) as in force from the recodification of 2003 through April 14, 2021, with sections 10-14-3-11, -12 and -22

Emergency Management and Disaster Law, 2020 edition: the Class B misdemeanor for knowing, intentional or reckless violation, recited in every stay-at-home and reopening order

Indiana General Assembly (Indiana Code 2020 edition), Indiana (State)

Dates
Standing (In force before March 1, 2020 through April 14, 2021 (superseded April 15, 2021 by P.L.64-2021, SEC.8, Ex. DUT-IN-002))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Emergency declarationStay-at-homeCapacity limitStanding duty
Character
order penalty
Grade
Primary source read

A person who knowingly, intentionally, or recklessly violates this chapter commits a Class B misdemeanor.

Enforcement: Class B misdemeanor: up to 180 days and a fine of up to $1,000 (Ind. Code 35-50-3-3, as recited in the orders)

Citation: Indiana General Assembly (Indiana Code 2020 edition), Ind. Code Title 10, Article 14 (2020 edition): section 10-14-3-34 (Offenses) as in force from the recodification of 2003 through April 14, 2021, with sections 10-14-3-11, -12 and -22 (standing) (Ex. DUT-IN-015) Open the exhibit

Ex. DUT-IN-016

Ind. Code Title 16, Article 42, chapter 5: sections 16-42-5-6, -8 (premises 'must at all times be clean and sanitary'), -19 (diseased employees), -25 (orders to abate), -26 (offense for noncompliance with the commissioner's order), -27 (offense for violation), -28 (civil penalties)

Sanitary Requirements for Food Establishments: standing sanitation and disease-exclusion duties of restaurants, bars, groceries and every other food establishment, with abatement orders and misdemeanor and civil penalties

Indiana General Assembly (Indiana Code 2021 edition), Indiana (State)

Dates
Standing (In force before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding dutyOperating condition
Character
sanitary code duty
Grade
Primary source read

A person who has a communicable or infectious disease may not work in a food establishment in any capacity in which epidemiological evidence indicates the person may spread the disease.... A person who refuses to comply with a lawful order or requirement of the state health commissioner made in writing as provided in this chapter commits a Class B misdemeanor.

Enforcement: Section 26(a): refusal to comply with the commissioner's written order, Class B misdemeanor, each day a separate offense; section 27(a): reckless violation of the chapter, Class B misdemeanor, each day a separate offense; section 28: civil penalties of up to $1,000 per violation per day and orders of compliance; prosecution by the prosecuting attorney (section 25(1))

Citation: Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 16, Article 42, chapter 5: sections 16-42-5-6, -8 (premises 'must at all times be clean and sanitary'), -19 (diseased employees), -25 (orders to abate), -26 (offense for noncompliance with the commissioner's order), -27 (offense for violation), -28 (civil penalties) (standing) (Ex. DUT-IN-016) Open the exhibit

Ex. DUT-IN-017

Ind. Code 34-28-5-4 (judgments for infractions)

Infraction judgments: the monetary judgment for a Class B infraction, the classification given to violations of emergency orders from April 15, 2021

Indiana General Assembly (Indiana Code 2021 edition), Indiana (State)

Dates
Standing (In force before March 1, 2020; relevant to emergency-order violations from April 15, 2021)
Quarters
2021 Q22021 Q3
Limitations
Standing dutyOther
Character
order penalty
Grade
Primary source read

A judgment of up to one thousand dollars ($1,000) may be entered for a violation constituting a Class B infraction.

Enforcement: Judgment of up to $1,000 per Class B infraction

Citation: Indiana General Assembly (Indiana Code 2021 edition), Ind. Code 34-28-5-4 (judgments for infractions) (standing) (Ex. DUT-IN-017) Open the exhibit

Ex. DUT-IN-018

COVID-19 Control Measures (Legal Authority: IC 16-41-2-1), version 'Updated 9.1.21' (the version in force when EO 21-24 issued Sept. 2, 2021; supersedes the July 19, 2021 version saved as Ex. IN-092)

IDOH specific control measures for COVID-19: 24-hour reporting of every confirmed case; investigation; isolation of positive cases and quarantine of unvaccinated close contacts 'including exclusion from... employment'; outbreak control in schools and congregate settings

Indiana Department of Health (State Health Commissioner), Indiana (State)

Dates
Standing (2021-09-01 (with executive-order status under EO 21-19 and EO 21-24 through Q3 2021 and after))
Quarters
2021 Q3
Limitations
Schools and child careHealth care ordersWorkplace rulesQuarantine and isolationStanding duty
Character
guidance incorporated
Grade
Primary source read

(4) Individuals who test positive for COVID-19 shall isolate, including exclusion from school, preschools, daycare settings, employment, and public places, until:... (5)... who are identified as a close contact of a COVID-19 case shall quarantine, including exclusion from preschools, daycare settings, employment, and public places, until:

Enforcement: Enforced as a control measure under Ind. Code 16-41-2-1 and 410 IAC 1-2.5-79 through the isolation and quarantine orders and Class A misdemeanor of Ind. Code 16-41-9-1.5 (Ex. DUT-IN-001) and, from Aug. 1, 2021, as a directive of the Governor's executive orders (Ex. IN-068; Ind. Code 10-14-3-34 Class B infraction, Ex. DUT-IN-002)

Citation: Indiana Department of Health (State Health Commissioner), COVID-19 Control Measures (Legal Authority: IC 16-41-2-1), version 'Updated 9.1.21' (the version in force when EO 21-24 issued Sept. 2, 2021; supersedes the July 19, 2021 version saved as Ex. IN-092) (Sept. 1, 2021) (Ex. DUT-IN-018) Open the exhibit

Ex. DUT-IN-019

620 IAC 1-1-1, Recordkeeping requirements; construction industry; adoption of federal standards (Title 620, Article 1, Rule 1, Section 1)

IOSHA's adoption of the federal occupational safety and health standards (29 C.F.R. Part 1910 and the construction standards) as Indiana standards binding every employer operating within the State

Indiana Occupational Safety Standards Commission (rule compiled in the Indiana Administrative Code; text as mirrored by the Legal Information Institute, Cornell Law School), Indiana (State)

Dates
Standing (In force before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Confirmed from a secondary source

The Indiana Occupational Safety Standards Commission adopted the following rules and regulations for employers operating within the State of Indiana:... Occupational Safety and Health Standards; National Concensus Standards and Established Federal Standards, Part 1910, Federal Register, Vol. 36, No. 105, Part II, May 29, 1971, pp. 10466 to 10714.

Enforcement: Ind. Code 22-8-1.1-27.1 (Ex. DUT-IN-005)

Citation: Indiana Occupational Safety Standards Commission (rule compiled in the Indiana Administrative Code; text as mirrored by the Legal Information Institute, Cornell Law School), 620 IAC 1-1-1, Recordkeeping requirements; construction industry; adoption of federal standards (Title 620, Article 1, Rule 1, Section 1) (standing) (Ex. DUT-IN-019) Open the exhibit

Ex. DUT-IN-020

IDOL news release, 'Indiana Employers Made Diligent Efforts to Protect Employees During Pandemic' (Sept. 16, 2022), reproduced as 'Indiana Department of Labor: Employers made diligent efforts to protect employees during pandemic,' WIMS Radio (Sept. 17, 2022)

IOSHA's retrospective analysis of its COVID-19 enforcement: more than 6,700 complaints in 2020 and 2021; employers required to demonstrate compliance with CDC business guidelines as part of the general duty; documents required in response to complaints; more than 120 inspections; citations issued

Indiana Department of Labor (press release quoting Michelle Ellison, IOSHA deputy commissioner), as reproduced in full by WIMS Radio, LaPorte, Indiana, Indiana (State)

Dates
Standing (Describes IOSHA's enforcement during 2020 and 2021 (all six quarters))
Limitations
Workplace rulesStanding duty
Character
agency position statement
Grade
Confirmed from a secondary source

While IOSHA by statute is not permitted to enforce beyond existing federal OSHA standards, IOSHA required employers to demonstrate they were following both Centers for Disease Control business COVID guidelines as part of general duty and any guidance federal OSHA recommended. IOSHA collected and reviewed thousands of documents that employers were required to submit in response to complaints.

Enforcement: Citations under Ind. Code 22-8-1.1-27.1 (Ex. DUT-IN-005)

Citation: Indiana Department of Labor (press release quoting Michelle Ellison, IOSHA deputy commissioner), as reproduced in full by WIMS Radio, LaPorte, Indiana, IDOL news release, 'Indiana Employers Made Diligent Efforts to Protect Employees During Pandemic' (Sept. 16, 2022), reproduced as 'Indiana Department of Labor: Employers made diligent efforts to protect employees during pandemic,' WIMS Radio (Sept. 17, 2022) (Ex. DUT-IN-020) 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 Indiana 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 259 instruments in force for this selection: 40 instruments from the State of Indiana (Governor Eric J. Holcomb, Executive Order 20-18 (Apr. 6, 2020) (Ex. IN-016); Governor Eric J. Holcomb, Executive Order 20-26 (May 1, 2020) (Ex. IN-024); Governor Eric J. Holcomb, Executive Order 20-08 (Mar. 23, 2020) (Ex. IN-006); and 37 more), 1 instrument from the agencies, boards and authorities of Indiana (Indiana Department of Correction (Commissioner Robert E. Carter, Jr.), IDOC 'Comprehensive Response to COVID-19' page (as archived Sept. 21, 2020), linking Executive Directive 20-20 (Pandemic Response) and the IDOC and Wexford COVID-19 Protocol (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082)), 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 39 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 37 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CB (Ex. IN-024); HR (Ex. IN-016); WF (Ex. IN-016); DR (Ex. IN-026); GATH (Ex. IN-016); WF workforce (Ex. IN-006); AM (Ex. IN-026); BA bar and alcohol service (Ex. IN-003); CT (Ex. IN-030); DR dining room (Ex. IN-024).

Step three, the change compelled. Governor Eric J. Holcomb, Executive Order 20-18 (Apr. 6, 2020) (Ex. IN-016) ordered: "This Executive Order, upon taking effect, replaces Executive Order 20-08.... all individuals currently living in the State of Indiana are ordered to stay at home or their place of residence, except as allowed in this Executive Order.... All businesses and operations in the State of Indiana, except…" Enforcement: ¶ 19: IOSHA administrative and enforcement actions; an Enforcement Response Team of State law enforcement led by the Chairman of the Alcohol and Tobacco… Governor Eric J. Holcomb, Executive Order 20-26 (May 1, 2020) (Ex. IN-024) ordered: "On or before May 11, 2020, all Hoosier employers shall develop a plan to implement measures and institute safeguards to ensure a safe environment for their employees, customers, clients, and members. The plan shall be provided to each employee or staff and posted publicly.... Once a county is…" Enforcement: ¶ 34: IOSHA; Enforcement Response Team led by the ATC Chairman; ISDH cease and closure orders; reports to the Secretary of State and licensing boards; referral… Governor Eric J. Holcomb, Executive Order 20-08 (Mar. 23, 2020) (Ex. IN-006) ordered: "With exceptions as outlined below, all individuals currently living in the State of Indiana are ordered to stay at home or their place of residence, except as allowed in this Executive Order.... All persons may leave their homes or residences only for Essential Activities, Essential Governmental…" Enforcement: ¶ 19: 'This Executive Order may be enforced by State and local law enforcement, as well as other governmental entities (such as state and local departments of… The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Mar. 13, 2020 to June 30, 2020, 110 days. Executive Order 20-18 (Ex. IN-016) was in force from Apr. 6, 2020 to Apr. 20, 2020, 15 of the quarter's 110 days; Executive Order 20-26 (Ex. IN-024) was in force from May 1, 2020 to May 23, 2020, 23 of the quarter's 110 days; Executive Order 20-08 (Ex. IN-006) was in force from Mar. 24, 2020 to Apr. 6, 2020, 14 of the quarter's 110 days. Of the 41 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: 36 instruments from the State of Indiana (Governor Eric J. Holcomb, Executive Order 20-32 (June 11, 2020) (Ex. IN-030); Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090); Governor Eric J. Holcomb, Executive Order 20-35 (July 1, 2020) (Ex. IN-033); and 33 more), 1 instrument from the agencies, boards and authorities of Indiana (Indiana Department of Correction (Commissioner Robert E. Carter, Jr.), IDOC 'Comprehensive Response to COVID-19' page (as archived Sept. 21, 2020), linking Executive Directive 20-20 (Pandemic Response) and the IDOC and Wexford COVID-19 Protocol (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082)), 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 44 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 42 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CB (Ex. IN-030); DR (Ex. IN-030); GATH (Ex. IN-030); BA (Ex. IN-030); AM (Ex. IN-030); CT (Ex. IN-030); WF workforce (Ex. IN-004); predicate (Ex. IN-028); BA bar and alcohol service (Ex. IN-090); FC (Ex. IN-030).

Step three, the change compelled. Governor Eric J. Holcomb, Executive Order 20-32 (June 11, 2020) (Ex. IN-030) ordered: "All businesses continuing operations or resuming full operations are required to develop a plan to implement measures and institute safeguards... The plan must be provided to each employee or staff and posted publicly.... Retail businesses may open at 100% of occupancy... In-person or on-premises…" Enforcement: ¶ 22: IOSHA; ISDH, local boards of health and law enforcement; cease, closure, revocation and prosecutor referral steps; 'Criminal Penalty:... a knowing… Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090) ordered: "Compliance or noncompliance of the executive order related to on-premises consumption will be considered upon renewals.... Until further notice, no Type II gaming activities should be conducted (May 18, 2020).... Customers are no longer required to be seated while in a bar or restaurant (Apr. 9…" Enforcement: ATC permit conditions; State Excise Police Governor Eric J. Holcomb, Executive Order 20-35 (July 1, 2020) (Ex. IN-033) ordered: "All Indiana counties, except Elkhart county, will transition to Stage 4.5 at 11:59 p.m. on Friday, July 3, 2020.... All individuals in counties designated at, or transitioning into, Stage 4.5 shall follow the directives in Executive Order 20-32 as modified by this Executive Order.... In Stage 4.5…" Enforcement: EO 20-32 ¶ 22 continued (IOSHA; health and law enforcement; Class B misdemeanor recital) 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. Executive Order 20-32 (Ex. IN-030) was in force from June 12, 2020 to July 3, 2020, 3 of the quarter's 92 days; ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through… (Ex. IN-090) was in force from Mar. 23, 2020 to June 30, 2021, 92 of the quarter's 92 days; Executive Order 20-35 (Ex. IN-033) was in force from July 3, 2020 to July 17, 2020, 15 of the quarter's 92 days. Of the 37 instruments in the quarter's record, 24 were in force on its first day, 23 on its last day and 18 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 235 instruments in force for this selection: 26 instruments from the State of Indiana (Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090); Governor Eric J. Holcomb, Executive Order 20-43 (Sept. 24, 2020) (Ex. IN-041); Governor Eric J. Holcomb, Executive Order 20-48 (Nov. 13, 2020) (Ex. IN-046); and 23 more), 1 instrument from the agencies, boards and authorities of Indiana (Indiana Department of Correction (Commissioner Robert E. Carter, Jr.), IDOC 'Comprehensive Response to COVID-19' page (as archived Sept. 21, 2020), linking Executive Directive 20-20 (Pandemic Response) and the IDOC and Wexford COVID-19 Protocol (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082)), 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 48 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 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: CB (Ex. IN-041); DR (Ex. IN-090); EMP (Ex. IN-041); WF workforce (Ex. IN-004); predicate (Ex. IN-042); CL (Ex. IN-078); HR (Ex. IN-010); SF (Ex. IN-046); BA (Ex. IN-041); BA bar and alcohol service (Ex. IN-090).

Step three, the change compelled. Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090) ordered: "Compliance or noncompliance of the executive order related to on-premises consumption will be considered upon renewals.... Until further notice, no Type II gaming activities should be conducted (May 18, 2020).... Customers are no longer required to be seated while in a bar or restaurant (Apr. 9…" Enforcement: ATC permit conditions; State Excise Police Governor Eric J. Holcomb, Executive Order 20-43 (Sept. 24, 2020) (Ex. IN-041) ordered: "During Stage 5, every individual within the State of Indiana shall wear a face covering over the nose and mouth when: i) inside a business, a public building, or other indoor place open to the public... All businesses and entities continuing operations or resuming full operations are required to…" Enforcement: ¶ 7: IOSHA; ISDH, local boards of health, other officials and law enforcement; cease, closure, revocation-referral and prosecutor-referral steps Governor Eric J. Holcomb, Executive Order 20-48 (Nov. 13, 2020) (Ex. IN-046) ordered: "On November 14, 2020, at 11:59 p.m., the measures and restrictions set forth in Executive Order 20-46 (Stage 5) are rescinded.... Every individual within the State of Indiana shall wear a face covering over the nose and mouth when: i) inside a business, a public building, or other indoor place open…" Enforcement: ¶ 10: IOSHA; ISDH, Indiana Department of Homeland Security, Alcohol and Tobacco Commission, local boards of health and law enforcement; cease, closure… 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. ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through… (Ex. IN-090) was in force from Mar. 23, 2020 to June 30, 2021, 92 of the quarter's 92 days; Executive Order 20-43 (Ex. IN-041) was in force from Sept. 26, 2020 to Oct. 17, 2020, 17 of the quarter's 92 days; Executive Order 20-48 (Ex. IN-046) was in force from Nov. 15, 2020 to Dec. 12, 2020, 28 of the quarter's 92 days. Of the 27 instruments in the quarter's record, 15 were in force on its first day, 19 on its last day and 13 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 242 instruments in force for this selection: 24 instruments from the State of Indiana (Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090); Governor Eric J. Holcomb, Executive Order 20-50 (Dec. 10, 2020) (Ex. IN-048); Governor Eric J. Holcomb, Executive Order 20-53 (Dec. 31, 2020) (Ex. IN-051); and 21 more), 1 instrument from the agencies, boards and authorities of Indiana (Indiana Department of Correction (Commissioner Robert E. Carter, Jr.), IDOC 'Comprehensive Response to COVID-19' page (as archived Sept. 21, 2020), linking Executive Directive 20-20 (Pandemic Response) and the IDOC and Wexford COVID-19 Protocol (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082)), 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 42 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 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: CB (Ex. IN-048); DR (Ex. IN-090); EMP (Ex. IN-048); SF (Ex. IN-048); GATH and MK (Ex. IN-048); IN (Ex. IN-051); SX (Ex. IN-051); WF workforce (Ex. IN-004); predicate (Ex. IN-050); HR credentialing (Ex. IN-017).

Step three, the change compelled. Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090) ordered: "Compliance or noncompliance of the executive order related to on-premises consumption will be considered upon renewals.... Until further notice, no Type II gaming activities should be conducted (May 18, 2020).... Customers are no longer required to be seated while in a bar or restaurant (Apr. 9…" Enforcement: ATC permit conditions; State Excise Police Governor Eric J. Holcomb, Executive Order 20-50 (Dec. 10, 2020) (Ex. IN-048) ordered: "In order to preserve hospital bed and staffing capacity, for the period beginning December 16, 2020, through January 3, 2021, licensed hospitals are directed to postpone and/or reschedule non-emergent procedures to be performed in an in-patient setting which are unlikely to result in a significant…" Enforcement: ¶ 10: IOSHA; ISDH, IDHS, ATC, local boards of health and law enforcement; cease, closure, revocation-referral and prosecutor-referral steps Governor Eric J. Holcomb, Executive Order 20-53 (Dec. 31, 2020) (Ex. IN-051) ordered: "Effective 12:01 a.m. on January 4, 2021, Executive Order 20-50 is extended and shall remain in full force and effect until 11:59 p.m. on Sunday, January 24, 2021, subject only to the modification listed paragraph 2 below.... Hospitals are directed to implement evidenced-based criteria to ensure…" Enforcement: EO 20-50 ¶ 10 continued 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. ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through… (Ex. IN-090) was in force from Mar. 23, 2020 to June 30, 2021, 90 of the quarter's 90 days; Executive Order 20-50 (Ex. IN-048) was in force from Dec. 13, 2020 to Jan. 3, 2021, 3 of the quarter's 90 days; Executive Order 20-53 (Ex. IN-051) was in force from Jan. 4, 2021 to Jan. 24, 2021, 21 of the quarter's 90 days. Of the 25 instruments in the quarter's record, 15 were in force on its first day, 16 on its last day and 12 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the first quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the second quarter of 2021 the Library holds 239 instruments in force for this selection: 25 instruments from the State of Indiana (Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090); Governor Eric J. Holcomb, Executive Order 21-06 (Feb. 25, 2021) (Ex. IN-056); Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. IN-011); and 22 more), 165 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334); and 162 more) and 49 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 47 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CB (Ex. IN-056); CT (Ex. IN-059); IN (Ex. IN-056); WF (Ex. IN-035); WF workforce (Ex. IN-004); DR (Ex. IN-090); EMP (Ex. IN-056); GATH (Ex. IN-059); HR credentialing (Ex. IN-017); predicate (Ex. IN-058).

Step three, the change compelled. Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090) ordered: "Compliance or noncompliance of the executive order related to on-premises consumption will be considered upon renewals.... Until further notice, no Type II gaming activities should be conducted (May 18, 2020).... Customers are no longer required to be seated while in a bar or restaurant (Apr. 9…" Enforcement: ATC permit conditions; State Excise Police Governor Eric J. Holcomb, Executive Order 21-06 (Feb. 25, 2021) (Ex. IN-056) ordered: "On March 1, 2021, at 12:01 a.m. and continuing through 11:59 p.m. on Wednesday, March 31, 2021, all Hoosiers, Hoosier businesses, and other individuals in the state must adhere to the directives in this Executive Order... Face Covering Requirement: Every individual within the State of Indiana shall…" Enforcement: IOSHA; ISDH, IDHS, ATC, local boards of health and law enforcement Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. IN-011) ordered: "To preserve PPE for health care providers who are battling the COVID-19 pandemic, beginning April 1, 2020, all health care providers, whether medical, dental or other, and health care facilities, whether hospitals, ambulatory surgical centers, dental facilities, plastic surgery centers, dermatology…" Enforcement: Ind. Code ch. 10-14-3; licensing boards (PLA) and ISDH facility authority 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. ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through… (Ex. IN-090) was in force from Mar. 23, 2020 to June 30, 2021, 91 of the quarter's 91 days; Executive Order 21-06 (Ex. IN-056) was in force from Mar. 1, 2021 to June 30, 2021, 91 of the quarter's 91 days; Executive Order 20-13 (Ex. IN-011) was in force from Apr. 1, 2020 to Sept. 30, 2021, 91 of the quarter's 91 days. Of the 25 instruments in the quarter's record, 14 were in force on its first day, 20 on its last day and 13 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the third quarter of 2021 the Library holds 227 instruments in force for this selection: 17 instruments from the State of Indiana (Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. IN-011); Governor Eric J. Holcomb, Executive Order 20-02 (Mar. 6, 2020) (Ex. IN-001); Indiana Supreme Court, Order Extending Authority for Expanded Remote Hearings, No. 20S-CB-123 (May 7, 2021) (Ex. IN-081); and 14 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 43 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 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: CB (Ex. IN-066); WF (Ex. IN-066); predicate (Ex. IN-063); IN and EC (Ex. IN-092); DR (Ex. IN-086); FC (Ex. IN-086); IC (Ex. IN-066); IC infection control (Ex. IN-092); OF (Ex. IN-086); RS residential care (Ex. IN-092).

Step three, the change compelled. Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. IN-011) ordered: "To preserve PPE for health care providers who are battling the COVID-19 pandemic, beginning April 1, 2020, all health care providers, whether medical, dental or other, and health care facilities, whether hospitals, ambulatory surgical centers, dental facilities, plastic surgery centers, dermatology…" Enforcement: Ind. Code ch. 10-14-3; licensing boards (PLA) and ISDH facility authority Governor Eric J. Holcomb, Executive Order 20-02 (Mar. 6, 2020) (Ex. IN-001) ordered: "Declare that a public health disaster emergency exists in Indiana attributable to COVID-19.... Order all state and local health officials, law enforcement and emergency response agencies, health care providers, and hospitals, in our State to cooperate with the ISDH in its response to the public…" Enforcement: Predicate for every subsequent order; Ind. Code § 10-14-3-34 (knowing, intentional or reckless violation of an order under the chapter; recited in the 2020… Indiana Supreme Court, Order Extending Authority for Expanded Remote Hearings, No. 20S-CB-123 (May 7, 2021) (Ex. IN-081) ordered: "the Court finds that public health conditions will likely require trial courts to retain expanded authority for remote hearings beyond July 1, and until the formal process to amend Administrative Rule 14 is complete. Being duly advised, the Court ORDERS that the May 13, 2020 'Emergency Order…" Enforcement: Supreme Court order modifying Admin. Rule 14 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. Executive Order 20-13 (Ex. IN-011) was in force from Apr. 1, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Executive Order 20-02 (Ex. IN-001) was in force from Mar. 6, 2020 to Mar. 3, 2022, 92 of the quarter's 92 days; Order Extending Authority for Expanded Remote Hearings, No. 20S-CB-123 (May 7, 2021) (Ex. IN-081) was in force from May 7, 2021 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 17 instruments in the quarter's record, 8 were in force on its first day, 11 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: 417 records, of which The COVID Project holds the document for 407. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

ExhibitInstrumentIssuerDateCitationRecord URLExhibit file
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082IDOC 'Comprehensive Response to COVID-19' page (as archived Sept. 21, 2020), linking Executive Directive 20-20 (Pandemic Response) and the IDOC and Wexford…Indiana Department of Correction (Commissioner Robert E. Carter, Jr.)Mar. 13, 2020Indiana Department of Correction (Commissioner Robert E. Carter, Jr.), IDOC 'Comprehensive Response to COVID-19' page (as archived Sept. 21, 2020), linking Executive Directive 20-20 (Pandemic Response) and the IDOC and Wexford COVID-19 Protocol (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-082)/library/AGY-ST-CORRECTIONS-EMA-GUARD-082/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-082
Ex. DUT-FED-00129 U.S.C. 654 (OSH Act § 5, the general duty clause)Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)standingCongress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)/library/DUT-FED-001/exhibit/DUT-FED-001
Ex. DUT-FED-00229 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)Congress (OSH Act § 11(c))standingCongress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)/library/DUT-FED-002/exhibit/DUT-FED-002
Ex. DUT-FED-00329 C.F.R. 1910.132 (personal protective equipment, general requirements)Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)standingOccupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)/library/DUT-FED-003/exhibit/DUT-FED-003
Ex. DUT-FED-00429 C.F.R. 1910.134 (respiratory protection)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)/library/DUT-FED-004/exhibit/DUT-FED-004
Ex. DUT-FED-00529 C.F.R. 1910.141 (sanitation)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)/library/DUT-FED-005/exhibit/DUT-FED-005
Ex. DUT-FED-00629 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)/library/DUT-FED-006/exhibit/DUT-FED-006
Ex. DUT-FED-00729 C.F.R. 1910.1030 (bloodborne pathogens)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)/library/DUT-FED-007/exhibit/DUT-FED-007
Ex. DUT-FED-00829 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))standingOccupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)/library/DUT-FED-008/exhibit/DUT-FED-008
Ex. DUT-FED-009OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')standingOccupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)/library/DUT-FED-009/exhibit/DUT-FED-009
Ex. DUT-FED-010Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))standingOccupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)/library/DUT-FED-010/exhibit/DUT-FED-010
Ex. DUT-FED-011Protecting Workers guidance, as updated August 13, 2021Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)/library/DUT-FED-011/exhibit/DUT-FED-011
Ex. DUT-FED-013Guidance on Returning to Work (OSHA 4045, June 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)/library/DUT-FED-013/exhibit/DUT-FED-013
Ex. DUT-FED-015Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)standingOSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)/library/DUT-FED-015/exhibit/DUT-FED-015
Ex. DUT-FED-016Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)OSHA, Denver Area Office (Inspection No. 1475131)standingOSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)/library/DUT-FED-016/exhibit/DUT-FED-016
Ex. DUT-FED-017Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)standingOSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)/library/DUT-FED-017/exhibit/DUT-FED-017
Ex. DUT-FED-018Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)OSHA, Hartford Area Office (Inspection No. 1505094)standingOSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)/library/DUT-FED-018/exhibit/DUT-FED-018
Ex. DUT-FED-019Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)OSHA, Hartford Area Office (Inspection No. 1472908)standingOSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)/library/DUT-FED-019/exhibit/DUT-FED-019
Ex. DUT-FED-020Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)/library/DUT-FED-020/exhibit/DUT-FED-020
Ex. DUT-FED-021Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)OSHA, Avenel Area Office (Inspection No. 1480762)standingOSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)/library/DUT-FED-021/exhibit/DUT-FED-021
Ex. DUT-FED-022Citation, United States Postal Service, Washington, DC (general duty clause)OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)standingOSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)/library/DUT-FED-022/exhibit/DUT-FED-022
Ex. DUT-FED-02342 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)standingCenters for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)/library/DUT-FED-023/exhibit/DUT-FED-023
Ex. DUT-FED-02442 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)Centers for Medicare & Medicaid Services (hospital condition of participation)standingCenters for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)/library/DUT-FED-024/exhibit/DUT-FED-024
Ex. DUT-FED-02542 U.S.C. 247d-6d (PREP Act targeted liability protections)Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)standingCongress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)/library/DUT-FED-025/exhibit/DUT-FED-025
Ex. DUT-FED-026Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)standingDepartment of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)/library/DUT-FED-026/exhibit/DUT-FED-026
Ex. DUT-FED-027Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190Secretary of Health and Human Services (Alex M. Azar II)standingSecretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)/library/DUT-FED-027/exhibit/DUT-FED-027
Ex. DUT-FED-029Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and CrewsFederal Aviation Administration, Flight Standards Service (with the CDC)standingFederal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)/library/DUT-FED-029/exhibit/DUT-FED-029
Ex. DUT-FED-030What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)/library/DUT-FED-030/exhibit/DUT-FED-030
Ex. DUT-FED-03142 U.S.C. 12113 (ADA defenses; direct threat)Congress (Americans with Disabilities Act § 103)standingCongress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)/library/DUT-FED-031/exhibit/DUT-FED-031
Ex. DUT-FED-03229 C.F.R. 1630.2(r) (definition of direct threat)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)/library/DUT-FED-032/exhibit/DUT-FED-032
Ex. DUT-FED-03329 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)/library/DUT-FED-033/exhibit/DUT-FED-033
Ex. DUT-FED-034Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)/library/DUT-FED-034/exhibit/DUT-FED-034
Ex. DUT-FED-035Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)/library/DUT-FED-035/exhibit/DUT-FED-035
Ex. DUT-FED-037Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)standingFederal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)/library/DUT-FED-037/exhibit/DUT-FED-037
Ex. DUT-FED-060Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)/library/DUT-FED-060/exhibit/DUT-FED-060
Ex. DUT-FED-061Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)/library/DUT-FED-061/exhibit/DUT-FED-061
Ex. DUT-FED-062Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)/library/DUT-FED-062/exhibit/DUT-FED-062
Ex. DUT-FED-063Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)/library/DUT-FED-063/exhibit/DUT-FED-063
Ex. DUT-FED-064Considerations for Restaurants and Bars (updated May 27, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)/library/DUT-FED-064/exhibit/DUT-FED-064
Ex. DUT-FED-065Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)Federal Motor Carrier Safety AdministrationstandingFederal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)/library/DUT-FED-065/exhibit/DUT-FED-065
Ex. DUT-FED-066News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news releasestandingOccupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)/library/DUT-FED-066/exhibit/DUT-FED-066
Ex. DUT-FED-067News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)Occupational Safety and Health Administration, national news releasestandingOccupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)/library/DUT-FED-067/exhibit/DUT-FED-067
Ex. DUT-FED-069News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)standingOccupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)/library/DUT-FED-069/exhibit/DUT-FED-069
Ex. DUT-FED-070What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)/library/DUT-FED-070/exhibit/DUT-FED-070
Ex. DUT-FED-071What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)/library/DUT-FED-071/exhibit/DUT-FED-071
Ex. DUT-FED-072Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)/library/DUT-FED-072/exhibit/DUT-FED-072
Ex. DUT-FED-073Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette RooneystandingOccupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)/library/DUT-FED-073/exhibit/DUT-FED-073
Ex. DUT-IN-001Ind. Code Title 16, Article 41: chapter 2 (Communicable Disease: Duty to Report; section 16-41-2-1) and chapter 9 (Communicable Disease: Imposition of…Indiana General Assembly (Indiana Code 2021 edition, published by the Indiana General Assembly)standingIndiana General Assembly (Indiana Code 2021 edition, published by the Indiana General Assembly), Ind. Code Title 16, Article 41: chapter 2 (Communicable Disease: Duty to Report; section 16-41-2-1) and chapter 9 (Communicable Disease: Imposition of Restrictions on Individuals; sections 16-41-9-1.5, 16-41-9-1.6) (standing) (Ex. DUT-IN-001)/library/DUT-IN-001/exhibit/DUT-IN-001
Ex. DUT-IN-002Ind. Code Title 10, Article 14, chapter 3: sections 10-14-3-11 (governor's orders), 10-14-3-12 (disaster emergency; gubernatorial powers), 10-14-3-22(b) (orders…Indiana General Assembly (Indiana Code 2021 edition)standingIndiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 10, Article 14, chapter 3: sections 10-14-3-11 (governor's orders), 10-14-3-12 (disaster emergency; gubernatorial powers), 10-14-3-22(b) (orders have the force of law), 10-14-3-34 (infraction, as amended by P.L.64-2021) (standing) (Ex. DUT-IN-002)/library/DUT-IN-002/exhibit/DUT-IN-002
Ex. DUT-IN-003Ind. Code Title 16, Article 20, chapter 1: sections 16-20-1-21.5 (SEA 5 of 2021), 16-20-1-22, 16-20-1-24 (epidemic control), 16-20-1-25 (unlawful conditions…Indiana General Assembly (Indiana Code 2021 edition)standingIndiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 16, Article 20, chapter 1: sections 16-20-1-21.5 (SEA 5 of 2021), 16-20-1-22, 16-20-1-24 (epidemic control), 16-20-1-25 (unlawful conditions; abatement; enforcement), 16-20-1-26 (enforcement in circuit or superior court), 16-20-1-28 (standing) (Ex. DUT-IN-003)/library/DUT-IN-003/exhibit/DUT-IN-003
Ex. DUT-IN-004Ind. Code Title 16, Article 19, chapter 3: sections 16-19-3-4 (rules to protect the public health, including 'nuisances dangerous to public health' and 'the…Indiana General Assembly (Indiana Code 2021 edition)standingIndiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 16, Article 19, chapter 3: sections 16-19-3-4 (rules to protect the public health, including 'nuisances dangerous to public health' and 'the detection, reporting, prevention, and control of diseases'), 16-19-3-9 (quarantine), 16-19-3-10 (epidemics), 16-19-3-11 (abatement of conditions causative of disease), 16-19-3-12 (State enforcement within local jurisdictions in a public health emergency) (standing) (Ex. DUT-IN-004)/library/DUT-IN-004/exhibit/DUT-IN-004
Ex. DUT-IN-005Ind. Code Title 22, Article 8, chapter 1.1: sections 22-8-1.1-1 ('employer' defined), 22-8-1.1-2 (employer's duty), 22-8-1.1-3.1 (compliance with standards)…Indiana General Assembly (Indiana Code 2021 edition)standingIndiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 22, Article 8, chapter 1.1: sections 22-8-1.1-1 ('employer' defined), 22-8-1.1-2 (employer's duty), 22-8-1.1-3.1 (compliance with standards), 22-8-1.1-27.1 (civil penalties) (standing) (Ex. DUT-IN-005)/library/DUT-IN-005/exhibit/DUT-IN-005
Ex. DUT-IN-006Ind. Code Title 34, Article 30, chapter 32, sections 34-30-32-1 to 34-30-32-11 (and chapter 33, sections 34-30-33-1 to -9)Indiana General Assembly (Senate Enrolled Act 1 (2021), P.L.1-2021, signed by Governor Eric J. Holcomb Feb. 18, 2021; Indiana Code 2021 edition)standingIndiana General Assembly (Senate Enrolled Act 1 (2021), P.L.1-2021, signed by Governor Eric J. Holcomb Feb. 18, 2021; Indiana Code 2021 edition), Ind. Code Title 34, Article 30, chapter 32, sections 34-30-32-1 to 34-30-32-11 (and chapter 33, sections 34-30-33-1 to -9) (standing) (Ex. DUT-IN-006)/library/DUT-IN-006/exhibit/DUT-IN-006
Ex. DUT-IN-007410 IAC 1-2.5, Communicable Disease Reporting and Control (Title 410, Article 1, Rule 2.5; official compilation published by the Indiana Department of Health)…Indiana Department of Health (Indiana State Department of Health; executive board rulemaking under Ind. Code 16-19-3-4 and 16-41-2-1)standingIndiana Department of Health (Indiana State Department of Health; executive board rulemaking under Ind. Code 16-19-3-4 and 16-41-2-1), 410 IAC 1-2.5, Communicable Disease Reporting and Control (Title 410, Article 1, Rule 2.5; official compilation published by the Indiana Department of Health): sections 410 IAC 1-2.5-75 and -76 (reporting), -77 (disease intervention measures), -79 (general control measures), -80 to -148 (specific control measures) (standing) (Ex. DUT-IN-007)/library/DUT-IN-007/exhibit/DUT-IN-007
Ex. DUT-IN-008'LHD guidance on Communicable Disease Laws' (guidance to local health departments, with the statutory and regulatory text appended; footer 'Last updated…Indiana Department of Health, Infectious Disease Epidemiology and Prevention DivisionstandingIndiana Department of Health, Infectious Disease Epidemiology and Prevention Division, 'LHD guidance on Communicable Disease Laws' (guidance to local health departments, with the statutory and regulatory text appended; footer 'Last updated: 10.25.21') (standing) (Ex. DUT-IN-008)/library/DUT-IN-008/exhibit/DUT-IN-008
Ex. DUT-IN-009Order on Motion to Remand and Motion for Preliminary Injunctive Relief, Bar Indy LLC v. City of Indianapolis, No. 1:20-cv-02482-JMS-DML, Doc. 33 (S.D. Ind. Dec.…Chief Judge Jane Magnus-Stinson, U.S. District Court, S.D. Ind.standingChief Judge Jane Magnus-Stinson, U.S. District Court, S.D. Ind, Order on Motion to Remand and Motion for Preliminary Injunctive Relief, Bar Indy LLC v. City of Indianapolis, No. 1:20-cv-02482-JMS-DML, Doc. 33 (S.D. Ind. Dec. 22, 2020) (43 pages) (Ex. DUT-IN-009)/library/DUT-IN-009/exhibit/DUT-IN-009
Ex. DUT-IN-010FY 2021 Comprehensive Federal Annual Monitoring Evaluation (FAME) Report, Indiana Occupational Safety and Health Administration (evaluation period Oct. 1, 2020…U.S. Department of Labor, Occupational Safety and Health Administration, Region V (Chicago)standingU.S. Department of Labor, Occupational Safety and Health Administration, Region V (Chicago), FY 2021 Comprehensive Federal Annual Monitoring Evaluation (FAME) Report, Indiana Occupational Safety and Health Administration (evaluation period Oct. 1, 2020 to Sept. 30, 2021) (Ex. DUT-IN-010)/library/DUT-IN-010/exhibit/DUT-IN-010
Ex. DUT-IN-011FY 2020 Follow-up Federal Annual Monitoring Evaluation (FAME) Report, Indiana Occupational Safety and Health Administration (evaluation period Oct. 1, 2019 to…U.S. Department of Labor, Occupational Safety and Health Administration, Region V (Chicago)standingU.S. Department of Labor, Occupational Safety and Health Administration, Region V (Chicago), FY 2020 Follow-up Federal Annual Monitoring Evaluation (FAME) Report, Indiana Occupational Safety and Health Administration (evaluation period Oct. 1, 2019 to Sept. 30, 2020) (Ex. DUT-IN-011)/library/DUT-IN-011/exhibit/DUT-IN-011
Ex. DUT-IN-012'Guidance for Employers During the COVID-19 Response' (July 20, 2020)Indiana State Department of Health (coronavirus.in.gov)standingIndiana State Department of Health (coronavirus.in.gov), 'Guidance for Employers During the COVID-19 Response' (July 20, 2020) (Ex. DUT-IN-012)/library/DUT-IN-012/exhibit/DUT-IN-012
Ex. DUT-IN-013IDOL web page, 'Non-formal IOSHA Complaints Related to COVID-19' (live page, rendered Sept. 28, 2026; the page refers to the May 1, 2020 Back On Track plan and…Indiana Department of Labor (IOSHA)standingIndiana Department of Labor (IOSHA), IDOL web page, 'Non-formal IOSHA Complaints Related to COVID-19' (live page, rendered Sept. 28, 2026; the page refers to the May 1, 2020 Back On Track plan and to the IDOL COVID-19 page, Ex. DUT-IN-014) (standing) (Ex. DUT-IN-013)/library/DUT-IN-013/exhibit/DUT-IN-013
Ex. DUT-IN-014IDOL web page, 'Coronavirus (COVID-19)' (www.in.gov/dol/3142.htm), Wayback Machine capture of May 29, 2020Indiana Department of Labor (IOSHA)standingIndiana Department of Labor (IOSHA), IDOL web page, 'Coronavirus (COVID-19)' (www.in.gov/dol/3142.htm), Wayback Machine capture of May 29, 2020 (standing) (Ex. DUT-IN-014)/library/DUT-IN-014/exhibit/DUT-IN-014
Ex. DUT-IN-015Ind. Code Title 10, Article 14 (2020 edition): section 10-14-3-34 (Offenses) as in force from the recodification of 2003 through April 14, 2021, with sections…Indiana General Assembly (Indiana Code 2020 edition)standingIndiana General Assembly (Indiana Code 2020 edition), Ind. Code Title 10, Article 14 (2020 edition): section 10-14-3-34 (Offenses) as in force from the recodification of 2003 through April 14, 2021, with sections 10-14-3-11, -12 and -22 (standing) (Ex. DUT-IN-015)/library/DUT-IN-015/exhibit/DUT-IN-015
Ex. DUT-IN-016Ind. Code Title 16, Article 42, chapter 5: sections 16-42-5-6, -8 (premises 'must at all times be clean and sanitary'), -19 (diseased employees), -25 (orders to…Indiana General Assembly (Indiana Code 2021 edition)standingIndiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 16, Article 42, chapter 5: sections 16-42-5-6, -8 (premises 'must at all times be clean and sanitary'), -19 (diseased employees), -25 (orders to abate), -26 (offense for noncompliance with the commissioner's order), -27 (offense for violation), -28 (civil penalties) (standing) (Ex. DUT-IN-016)/library/DUT-IN-016/exhibit/DUT-IN-016
Ex. DUT-IN-017Ind. Code 34-28-5-4 (judgments for infractions)Indiana General Assembly (Indiana Code 2021 edition)standingIndiana General Assembly (Indiana Code 2021 edition), Ind. Code 34-28-5-4 (judgments for infractions) (standing) (Ex. DUT-IN-017)/library/DUT-IN-017/exhibit/DUT-IN-017
Ex. DUT-IN-018COVID-19 Control Measures (Legal Authority: IC 16-41-2-1), version 'Updated 9.1.21' (the version in force when EO 21-24 issued Sept. 2, 2021; supersedes the…Indiana Department of Health (State Health Commissioner)standingIndiana Department of Health (State Health Commissioner), COVID-19 Control Measures (Legal Authority: IC 16-41-2-1), version 'Updated 9.1.21' (the version in force when EO 21-24 issued Sept. 2, 2021; supersedes the July 19, 2021 version saved as Ex. IN-092) (Sept. 1, 2021) (Ex. DUT-IN-018)/library/DUT-IN-018/exhibit/DUT-IN-018
Ex. DUT-IN-019620 IAC 1-1-1, Recordkeeping requirements; construction industry; adoption of federal standards (Title 620, Article 1, Rule 1, Section 1)Indiana Occupational Safety Standards Commission (rule compiled in the Indiana Administrative Code; text as mirrored by the Legal Information Institute, Cornell Law School)standingIndiana Occupational Safety Standards Commission (rule compiled in the Indiana Administrative Code; text as mirrored by the Legal Information Institute, Cornell Law School), 620 IAC 1-1-1, Recordkeeping requirements; construction industry; adoption of federal standards (Title 620, Article 1, Rule 1, Section 1) (standing) (Ex. DUT-IN-019)/library/DUT-IN-019/exhibit/DUT-IN-019
Ex. DUT-IN-020IDOL news release, 'Indiana Employers Made Diligent Efforts to Protect Employees During Pandemic' (Sept. 16, 2022), reproduced as 'Indiana Department of Labor…Indiana Department of Labor (press release quoting Michelle Ellison, IOSHA deputy commissioner), as reproduced in full by WIMS Radio, LaPorte, IndianastandingIndiana Department of Labor (press release quoting Michelle Ellison, IOSHA deputy commissioner), as reproduced in full by WIMS Radio, LaPorte, Indiana, IDOL news release, 'Indiana Employers Made Diligent Efforts to Protect Employees During Pandemic' (Sept. 16, 2022), reproduced as 'Indiana Department of Labor: Employers made diligent efforts to protect employees during pandemic,' WIMS Radio (Sept. 17, 2022) (Ex. DUT-IN-020)/library/DUT-IN-020/exhibit/DUT-IN-020
Ex. FED-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-002Notice of February 24, 2021President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)/library/FED-002/exhibit/FED-002
Ex. FED-006Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)Mar. 13, 2020President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)/library/FED-006/exhibit/FED-006
Ex. FED-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)/library/FED-007/exhibit/FED-007
Ex. FED-008Memorandum of February 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)Feb. 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)/library/FED-008/exhibit/FED-008
Ex. FED-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-010Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel CoronavirusAlex M. Azar II, Secretary of Health and Human ServicesJan. 31, 2020Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)/library/FED-010/exhibit/FED-010
Ex. FED-011Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)Alex M. Azar II, Secretary of HHSApr. 21, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)/library/FED-011/exhibit/FED-011
Ex. FED-012Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)Alex M. Azar II, Secretary of HHSJuly 23, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)/library/FED-012/exhibit/FED-012
Ex. FED-013Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)Alex M. Azar II, Secretary of HHSOct. 2, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)/library/FED-013/exhibit/FED-013
Ex. FED-014Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)Alex M. Azar II, Secretary of HHSJan. 7, 2021Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)/library/FED-014/exhibit/FED-014
Ex. FED-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)/library/FED-015/exhibit/FED-015
Ex. FED-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)/library/FED-016/exhibit/FED-016
Ex. FED-020CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)Jan. 29, 2021Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)/library/FED-020/exhibit/FED-020
Ex. FED-022CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)Sept. 1, 2020Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)/library/FED-022/exhibit/FED-022
Ex. FED-023CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)Centers for Disease Control and Prevention, HHSJan. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)/library/FED-023/exhibit/FED-023
Ex. FED-024CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)Centers for Disease Control and Prevention, HHSMar. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)/library/FED-024/exhibit/FED-024
Ex. FED-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)/library/FED-025/exhibit/FED-025
Ex. FED-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)/library/FED-026/exhibit/FED-026
Ex. FED-027CDC No Sail Order and Suspension of Further EmbarkationCenters for Disease Control and Prevention, HHS (CDC Director)Mar. 14, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)/library/FED-027/exhibit/FED-027
Ex. FED-028No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)Centers for Disease Control and Prevention, HHSApr. 9, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)/library/FED-028/exhibit/FED-028
Ex. FED-029No Sail Order; Second Modification and Extension (July 16, 2020)Centers for Disease Control and Prevention, HHSJuly 16, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)/library/FED-029/exhibit/FED-029
Ex. FED-030No Sail Order; Third Modification and Extension (Sept. 30, 2020)Centers for Disease Control and Prevention, HHSSept. 30, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)/library/FED-030/exhibit/FED-030
Ex. FED-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)/library/FED-031/exhibit/FED-031
Ex. FED-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)/library/FED-032/exhibit/FED-032
Ex. FED-034CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')Centers for Disease Control and Prevention, HHS (CDC Director)Mar. 20, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)/library/FED-034/exhibit/FED-034
Ex. FED-036Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)Centers for Disease Control and Prevention, HHSMay 19, 2020Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)/library/FED-036/exhibit/FED-036
Ex. FED-037CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)Centers for Disease Control and Prevention, HHSOct. 13, 2020Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)/library/FED-037/exhibit/FED-037
Ex. FED-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)/library/FED-038/exhibit/FED-038
Ex. FED-039Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…Centers for Disease Control and Prevention, HHSMar. 20, 2020Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)/library/FED-039/exhibit/FED-039
Ex. FED-040CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United KingdomCenters for Disease Control and Prevention, HHSDec. 25, 2020Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)/library/FED-040/exhibit/FED-040
Ex. FED-041CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…Centers for Disease Control and Prevention, HHSJan. 12, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)/library/FED-041/exhibit/FED-041
Ex. FED-042CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)Jan. 25, 2021Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)/library/FED-042/exhibit/FED-042
Ex. FED-048Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…Centers for Disease Control and Prevention, HHSSept. 11, 2020Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)/library/FED-048/exhibit/FED-048
Ex. FED-050TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)Jan. 31, 2021Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)/library/FED-050/exhibit/FED-050
Ex. FED-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)/library/FED-051/exhibit/FED-051
Ex. FED-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)/library/FED-052/exhibit/FED-052
Ex. FED-053TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)/library/FED-053/exhibit/FED-053
Ex. FED-055Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)/library/FED-055/exhibit/FED-055
Ex. FED-056Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight BoardApr. 20, 2021Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)/library/FED-056/exhibit/FED-056
Ex. FED-057Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)Acting Secretary of Homeland Security David P. PekoskeJan. 27, 2021Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)/library/FED-057/exhibit/FED-057
Ex. FED-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-061Executive Order 13998President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)/library/FED-061/exhibit/FED-061
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)/library/FED-063/exhibit/FED-063
Ex. FED-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-066Executive Order 13945President Donald J. TrumpAug. 8, 2020President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)/library/FED-066/exhibit/FED-066
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-071Executive Order 13910President Donald J. TrumpMar. 23, 2020President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)/library/FED-071/exhibit/FED-071
Ex. FED-073Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)President Donald J. TrumpApr. 28, 2020President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)/library/FED-073/exhibit/FED-073
Ex. FED-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)/library/FED-074/exhibit/FED-074
Ex. FED-075Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic UseFederal Emergency Management Agency, DHSApr. 7, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)/library/FED-075/exhibit/FED-075
Ex. FED-076Notification of Exemptions to the PPE allocation ruleFederal Emergency Management Agency, DHSApr. 17, 2020Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)/library/FED-076/exhibit/FED-076
Ex. FED-077Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)Federal Emergency Management Agency, DHSAug. 10, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)/library/FED-077/exhibit/FED-077
Ex. FED-078Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)Federal Emergency Management Agency, DHSDec. 31, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)/library/FED-078/exhibit/FED-078
Ex. FED-080Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)Occupational Safety and Health Administration, U.S. Department of LaborJune 21, 2021Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)/library/FED-080/exhibit/FED-080
Ex. FED-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)/library/FED-081/exhibit/FED-081
Ex. FED-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)/library/FED-082/exhibit/FED-082
Ex. FED-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)/library/FED-083/exhibit/FED-083
Ex. FED-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)/library/FED-084/exhibit/FED-084
Ex. FED-088Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)OSHA, U.S. Department of LaborMar. 9, 2020OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)/library/FED-088/exhibit/FED-088
Ex. FED-090CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…Centers for Medicare & Medicaid Services, HHSMar. 30, 2020Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)/library/FED-090/exhibit/FED-090
Ex. FED-091CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)Centers for Medicare & Medicaid Services, HHSMay 1, 2020Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)/library/FED-091/exhibit/FED-091
Ex. FED-092CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…Centers for Medicare & Medicaid Services, HHSSept. 2, 2020Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)/library/FED-092/exhibit/FED-092
Ex. FED-093CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)Nov. 2, 2020Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)/library/FED-093/exhibit/FED-093
Ex. FED-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)/library/FED-094/exhibit/FED-094
Ex. FED-096CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight GroupMar. 4, 2020CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)/library/FED-096/exhibit/FED-096
Ex. FED-097QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)CMS, Quality, Safety & Oversight GroupMar. 13, 2020CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)/library/FED-097/exhibit/FED-097
Ex. FED-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)/library/FED-098/exhibit/FED-098
Ex. FED-099CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 23, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)/library/FED-099/exhibit/FED-099
Ex. FED-100FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 29, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)/library/FED-100/exhibit/FED-100
Ex. FED-104FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)/library/FED-104/exhibit/FED-104
Ex. FED-109FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)/library/FED-109/exhibit/FED-109
Ex. FED-113FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 26, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)/library/FED-113/exhibit/FED-113
Ex. FED-115FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 23, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)/library/FED-115/exhibit/FED-115
Ex. FED-118FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 24, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)/library/FED-118/exhibit/FED-118
Ex. FED-130FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)/library/FED-130/exhibit/FED-130
Ex. FED-132FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 20, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)/library/FED-132/exhibit/FED-132
Ex. FED-133FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)/library/FED-133/exhibit/FED-133
Ex. FED-143FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)/library/FED-143/exhibit/FED-143
Ex. FED-147FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)/library/FED-147/exhibit/FED-147
Ex. FED-150FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Apr. 11, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)/library/FED-150/exhibit/FED-150
Ex. FED-154QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)CMS, Quality, Safety & Oversight GroupSept. 17, 2020CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)/library/FED-154/exhibit/FED-154
Ex. FED-155QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19CMS, Quality, Safety & Oversight GroupMar. 10, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)/library/FED-155/exhibit/FED-155
Ex. FED-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)/library/FED-156/exhibit/FED-156
Ex. FED-157QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)CMS, Quality, Safety & Oversight GroupMay 18, 2020CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)/library/FED-157/exhibit/FED-157
Ex. FED-158CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…Centers for Medicare & Medicaid Services, HHSApr. 7, 2020Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)/library/FED-158/exhibit/FED-158
Ex. FED-159CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)Centers for Medicare & Medicaid Services, HHSApr. 19, 2020Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)/library/FED-159/exhibit/FED-159
Ex. FED-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)/library/FED-160/exhibit/FED-160
Ex. FED-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)/library/FED-161/exhibit/FED-161
Ex. FED-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)/library/FED-163/exhibit/FED-163
Ex. FED-164CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 4, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)/library/FED-164/exhibit/FED-164
Ex. FED-165CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupJune 1, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)/library/FED-165/exhibit/FED-165
Ex. FED-166CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupAug. 17, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)/library/FED-166/exhibit/FED-166
Ex. FED-168CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…CMS, Quality, Safety & Oversight GroupAug. 26, 2020CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)/library/FED-168/exhibit/FED-168
Ex. FED-170Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…Congress (Pub. L. 116-127); approved by the PresidentMar. 18, 2020Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)/library/FED-170/exhibit/FED-170
Ex. FED-171Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826Wage and Hour Division, U.S. Department of LaborApr. 1, 2020Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)/library/FED-171/exhibit/FED-171
Ex. FED-172Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)Wage and Hour Division, U.S. Department of LaborSept. 11, 2020Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)/library/FED-172/exhibit/FED-172
Ex. FED-173Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…Congress (Pub. L. 116-260)Dec. 27, 2020Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)/library/FED-173/exhibit/FED-173
Ex. FED-174American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…Congress (Pub. L. 117-2); approved by the PresidentMar. 11, 2021Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)/library/FED-174/exhibit/FED-174
Ex. FED-180Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)Secretary of Health and Human ServicesMar. 10, 2020Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)/library/FED-180/exhibit/FED-180
Ex. FED-181Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…Secretary of Health and Human ServicesFeb. 4, 2020Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)/library/FED-181/exhibit/FED-181
Ex. FED-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)/library/FED-182/exhibit/FED-182
Ex. FED-183Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devicesSecretary of Health and Human ServicesMar. 24, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)/library/FED-183/exhibit/FED-183
Ex. FED-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)/library/FED-184/exhibit/FED-184
Ex. FED-185Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)Dec. 11, 2020Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)/library/FED-185/exhibit/FED-185
Ex. FED-186Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)Food and Drug Administration, HHSDec. 18, 2020Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)/library/FED-186/exhibit/FED-186
Ex. FED-187Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)Food and Drug Administration, HHSFeb. 27, 2021Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)/library/FED-187/exhibit/FED-187
Ex. FED-190The President's Coronavirus Guidelines for America: 15 Days to Slow the SpreadThe President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)/library/FED-190/exhibit/FED-190
Ex. FED-19130 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)The President and the White House Coronavirus Task ForceMar. 31, 2020The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)/library/FED-191/exhibit/FED-191
Ex. FED-192Guidelines for Opening Up America Again (Apr. 16, 2020)The President and the White House Coronavirus Task ForceApr. 16, 2020The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)/library/FED-192/exhibit/FED-192
Ex. FED-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)/library/FED-194/exhibit/FED-194
Ex. FED-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-202Proclamation 9993President Donald J. TrumpMar. 11, 2020President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)/library/FED-202/exhibit/FED-202
Ex. FED-203Proclamation 9996President Donald J. TrumpMar. 14, 2020President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)/library/FED-203/exhibit/FED-203
Ex. FED-204Proclamation 10041President Donald J. TrumpMay 24, 2020President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)/library/FED-204/exhibit/FED-204
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-210Proclamation 10014President Donald J. TrumpApr. 22, 2020President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)/library/FED-210/exhibit/FED-210
Ex. FED-211Proclamation 10052President Donald J. TrumpJune 22, 2020President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)/library/FED-211/exhibit/FED-211
Ex. FED-212Proclamation 10054President Donald J. TrumpJune 29, 2020President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)/library/FED-212/exhibit/FED-212
Ex. FED-213Proclamation 10131President Donald J. TrumpDec. 31, 2020President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)/library/FED-213/exhibit/FED-213
Ex. FED-214Proclamation 10149President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)/library/FED-214/exhibit/FED-214
Ex. FED-216Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border ProtectionMar. 24, 2020U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)/library/FED-216/exhibit/FED-216
Ex. FED-217Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)/library/FED-217/exhibit/FED-217
Ex. FED-219Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)/library/FED-219/exhibit/FED-219
Ex. FED-222Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)/library/FED-222/exhibit/FED-222
Ex. FED-225Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)/library/FED-225/exhibit/FED-225
Ex. FED-226Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)/library/FED-226/exhibit/FED-226
Ex. FED-229Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)/library/FED-229/exhibit/FED-229
Ex. FED-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)/library/FED-232/exhibit/FED-232
Ex. FED-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)/library/FED-235/exhibit/FED-235
Ex. FED-239Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…DHS (Acting Secretary Chad F. Wolf), with CBPMar. 24, 2020DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)/library/FED-239/exhibit/FED-239
Ex. FED-240Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)/library/FED-240/exhibit/FED-240
Ex. FED-242Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)/library/FED-242/exhibit/FED-242
Ex. FED-245Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)/library/FED-245/exhibit/FED-245
Ex. FED-248Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)/library/FED-248/exhibit/FED-248
Ex. FED-249Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)/library/FED-249/exhibit/FED-249
Ex. FED-252Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)/library/FED-252/exhibit/FED-252
Ex. FED-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)/library/FED-255/exhibit/FED-255
Ex. FED-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)/library/FED-258/exhibit/FED-258
Ex. FED-264OMB Memorandum M-20-16Office of Management and Budget (Acting Director Russell T. Vought)Mar. 17, 2020Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)/library/FED-264/exhibit/FED-264
Ex. FED-265OMB Memorandum M-20-17Office of Management and BudgetMar. 19, 2020Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)/library/FED-265/exhibit/FED-265
Ex. FED-266OMB Memorandum M-20-18Office of Management and Budget (Deputy Director for Management)Mar. 20, 2020Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)/library/FED-266/exhibit/FED-266
Ex. FED-267OMB Memorandum M-20-19Office of Management and BudgetMar. 22, 2020Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)/library/FED-267/exhibit/FED-267
Ex. FED-268OMB/OPM Memorandum M-20-23Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)Apr. 20, 2020Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)/library/FED-268/exhibit/FED-268
Ex. FED-270Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task ForceJan. 24, 2021Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)/library/FED-270/exhibit/FED-270
Ex. FED-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)/library/FED-271/exhibit/FED-271
Ex. FED-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)/library/FED-272/exhibit/FED-272
Ex. FED-274Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Safer Federal Workforce Task Force; approved by the Director of OMBSept. 24, 2021Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)/library/FED-274/exhibit/FED-274
Ex. FED-275Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)Office of Management and Budget (Acting Director Shalanda D. Young)Sept. 24, 2021Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)/library/FED-275/exhibit/FED-275
Ex. FED-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)/library/FED-278/exhibit/FED-278
Ex. FED-279Order of March 16, 2020 (COVID-19 building access)United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)Mar. 16, 2020United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)/library/FED-279/exhibit/FED-279
Ex. FED-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)/library/FED-280/exhibit/FED-280
Ex. FED-281Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019Deputy Secretary of Defense David L. NorquistMar. 13, 2020Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)/library/FED-281/exhibit/FED-281
Ex. FED-282Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel RestrictionsSecretary of Defense Mark T. EsperApr. 20, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)/library/FED-282/exhibit/FED-282
Ex. FED-283Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…Secretary of Defense Mark T. EsperMay 22, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)/library/FED-283/exhibit/FED-283
Ex. FED-284Order of the Chief Judge No. 20-042Chief Judge Virginia A. PhillipsMar. 19, 2020Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)/library/FED-284/exhibit/FED-284
Ex. FED-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)/library/FED-285/exhibit/FED-285
Ex. FED-286General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)/library/FED-286/exhibit/FED-286
Ex. FED-288General Order 2020-8Chief Judge Philip A. BrimmerMay 6, 2020Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)/library/FED-288/exhibit/FED-288
Ex. FED-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)/library/FED-290
Ex. FED-291Press release of March 16, 2020 (postponement of the March 2020 argument session)Supreme Court of the United States (Public Information Office)Mar. 16, 2020Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)/library/FED-291/exhibit/FED-291
Ex. FED-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)/library/FED-292/exhibit/FED-292
Ex. FED-293Press release of April 3, 2020 (postponement of the April 2020 argument session)Supreme Court of the United States (Public Information Office)Apr. 3, 2020Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)/library/FED-293/exhibit/FED-293
Ex. FED-294Press release of April 13, 2020 (telephone arguments in May 2020)Supreme Court of the United States (Public Information Office)Apr. 13, 2020Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)/library/FED-294/exhibit/FED-294
Ex. FED-295Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020Mar. 29, 2020Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)/library/FED-295/exhibit/FED-295
Ex. FED-296Tenth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerFeb. 12, 2021Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)/library/FED-296/exhibit/FED-296
Ex. FED-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)/library/FED-297/exhibit/FED-297
Ex. FED-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)/library/FED-298/exhibit/FED-298
Ex. FED-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)/library/FED-299/exhibit/FED-299
Ex. FED-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)/library/FED-300/exhibit/FED-300
Ex. FED-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-303Standing Order 20-17Chief Judge Freda L. WolfsonNov. 25, 2020Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)/library/FED-303/exhibit/FED-303
Ex. FED-304Third Extension of Standing Order 20-12Chief Judge Freda L. WolfsonDec. 17, 2020Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)/library/FED-304/exhibit/FED-304
Ex. FED-305Standing Order 21-02Chief Judge Freda L. WolfsonMar. 17, 2021Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)/library/FED-305/exhibit/FED-305
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-310Second Amended Standing Order 2020-02Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)/library/FED-310/exhibit/FED-310
Ex. FED-311Standing Order 2020-04Chief Judge James K. BredarMar. 16, 2020Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)/library/FED-311/exhibit/FED-311
Ex. FED-312Standing Order 2020-05Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)/library/FED-312/exhibit/FED-312
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-316Fourth Amendment to General Order 20-01Chief Judge Thomas W. Thrash, Jr.July 31, 2020Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)/library/FED-316/exhibit/FED-316
Ex. FED-317General Order 72Chief Judge Phyllis J. HamiltonMar. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)/library/FED-317/exhibit/FED-317
Ex. FED-318General Order 72-2Chief Judge Phyllis J. HamiltonApr. 30, 2020Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)/library/FED-318/exhibit/FED-318
Ex. FED-319Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…U.S. Department of State, Bureau of Consular AffairsMar. 26, 2020U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)/library/FED-319
Ex. FED-320Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)U.S. Department of Homeland Security, U.S. Citizenship and Immigration ServicesApr. 20, 2020U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)/library/FED-320/exhibit/FED-320
Ex. FED-321Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)U.S. Department of Homeland Security, USCISMay 14, 2020U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)/library/FED-321/exhibit/FED-321
Ex. FED-322Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…DHS, USCISAug. 20, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)/library/FED-322/exhibit/FED-322
Ex. FED-323Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…DHS, USCISDec. 18, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)/library/FED-323/exhibit/FED-323
Ex. FED-324USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020U.S. Citizenship and Immigration ServicesMar. 17, 2020U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)/library/FED-324/exhibit/FED-324
Ex. FED-325USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4U.S. Citizenship and Immigration ServicesMay 27, 2020U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)/library/FED-325/exhibit/FED-325
Ex. FED-327Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)U.S. Department of State, Bureau of Consular AffairsMar. 20, 2020U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)/library/FED-327/exhibit/FED-327
Ex. FED-328Phased Resumption of Routine Visa Services (announcement of July 14, 2020)U.S. Department of State, Bureau of Consular AffairsJuly 14, 2020U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)/library/FED-328/exhibit/FED-328
Ex. FED-331General Order 72-4Chief Judge Phyllis J. HamiltonJune 24, 2020Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)/library/FED-331/exhibit/FED-331
Ex. FED-332General Order 72-5Chief Judge Phyllis J. HamiltonJuly 23, 2020Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)/library/FED-332/exhibit/FED-332
Ex. FED-333General Order 72-6Chief Judge Phyllis J. HamiltonSept. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)/library/FED-333/exhibit/FED-333
Ex. FED-334General Order 73 (Amended May 21, 2020)Chief Judge Phyllis J. HamiltonMay 21, 2020Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)/library/FED-334/exhibit/FED-334
Ex. FED-336General Order 77Chief Judge Phyllis J. HamiltonJune 9, 2020Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)/library/FED-336/exhibit/FED-336
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-338General Order 20-0012 (original)Chief Judge Rebecca R. PallmeyerMar. 12, 2020Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)/library/FED-338/exhibit/FED-338
Ex. FED-339Eighth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerNov. 13, 2020Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)/library/FED-339/exhibit/FED-339
Ex. FED-340CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…Congress (Pub. L. 116-136, signed Mar. 27, 2020)Mar. 27, 2020Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)/library/FED-340/exhibit/FED-340
Ex. FED-342Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank SupervisorsApr. 7, 2020Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)/library/FED-342/exhibit/FED-342
Ex. FED-343Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…Bureau of Consumer Financial ProtectionJune 30, 2020Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)/library/FED-343/exhibit/FED-343
Ex. FED-344Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…Bureau of Consumer Financial ProtectionJune 25, 2021Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)/library/FED-344/exhibit/FED-344
Ex. FED-345Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)President Donald J. Trump (Memorandum for the Secretary of Education)Aug. 8, 2020President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)/library/FED-345/exhibit/FED-345
Ex. FED-346FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed MortgagesFederal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie MacMar. 18, 2020Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)/library/FED-346/exhibit/FED-346
Ex. FED-348FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)Federal Housing Finance AgencyJune 17, 2020Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)/library/FED-348/exhibit/FED-348
Ex. FED-349FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)Federal Housing Finance AgencyAug. 27, 2020Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)/library/FED-349/exhibit/FED-349
Ex. FED-350FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)Federal Housing Finance AgencyDec. 2, 2020Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)/library/FED-350/exhibit/FED-350
Ex. FED-353FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…Federal Housing Finance AgencyFeb. 25, 2021Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)/library/FED-353/exhibit/FED-353
Ex. FED-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)/library/FED-354/exhibit/FED-354
Ex. FED-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)/library/FED-355/exhibit/FED-355
Ex. FED-356Mortgagee Letter 2020-04U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)Mar. 18, 2020U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)/library/FED-356/exhibit/FED-356
Ex. FED-359Mortgagee Letter 2020-19HUD, Federal Housing AdministrationJune 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)/library/FED-359
Ex. FED-360Mortgagee Letter 2020-27HUD, Federal Housing AdministrationAug. 27, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)/library/FED-360/exhibit/FED-360
Ex. FED-361Mortgagee Letter 2020-43HUD, Federal Housing AdministrationDec. 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)/library/FED-361/exhibit/FED-361
Ex. FED-362Mortgagee Letter 2021-03HUD, Federal Housing AdministrationJan. 21, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)/library/FED-362/exhibit/FED-362
Ex. FED-363Mortgagee Letter 2021-05HUD, Federal Housing AdministrationFeb. 16, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)/library/FED-363/exhibit/FED-363
Ex. FED-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-367Circular 26-20-7Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty ServiceMar. 16, 2020Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)/library/FED-367/exhibit/FED-367
Ex. FED-368Circular 26-20-8VA, Loan Guaranty ServiceMar. 18, 2020VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)/library/FED-368/exhibit/FED-368
Ex. FED-369Circular 26-20-12VA, Loan Guaranty ServiceApr. 8, 2020VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)/library/FED-369/exhibit/FED-369
Ex. FED-371Circular 26-20-22VA, Loan Guaranty ServiceJune 17, 2020VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)/library/FED-371/exhibit/FED-371
Ex. FED-372Circular 26-20-23VA, Loan Guaranty ServiceJune 18, 2020VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)/library/FED-372/exhibit/FED-372
Ex. FED-373Circular 26-20-29VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)/library/FED-373/exhibit/FED-373
Ex. FED-374Circular 26-20-30VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)/library/FED-374/exhibit/FED-374
Ex. FED-375Circular 26-20-40VA, Loan Guaranty ServiceDec. 28, 2020VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)/library/FED-375/exhibit/FED-375
Ex. FED-376Circular 26-21-2VA, Loan Guaranty ServiceJan. 29, 2021VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)/library/FED-376/exhibit/FED-376
Ex. FED-377Circular 26-21-5VA, Loan Guaranty ServiceFeb. 16, 2021VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)/library/FED-377
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-381USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…U.S. Department of Agriculture, Rural DevelopmentMar. 19, 2020U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)/library/FED-381
Ex. FED-382USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…USDA Rural DevelopmentDec. 28, 2020USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)/library/FED-382
Ex. FED-384USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…USDA Rural Development (with the White House announcement of June 24, 2021)June 24, 2021USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)/library/FED-384
Ex. FED-385USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)July 30, 2021USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)/library/FED-385/exhibit/FED-385
Ex. FED-386Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…Secretary of the Interior David L. BernhardtMar. 22, 2020Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)/library/FED-386/exhibit/FED-386
Ex. FED-387NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…Secretary of the Interior David L. Bernhardt; National Park ServiceMar. 18, 2020Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)/library/FED-387/exhibit/FED-387
Ex. FED-389BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in OregonBureau of Land Management, Oregon/Washington State Office and District ManagersMar. 27, 2020Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)/library/FED-389/exhibit/FED-389
Ex. FED-390Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitorsBureau of ReclamationMar. 17, 2020Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)/library/FED-390/exhibit/FED-390
Ex. FED-391USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment OnlyU.S. Department of Agriculture, Farm Production and Conservation mission areaMar. 23, 2020U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)/library/FED-391
Ex. FED-393USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…U.S. Army Corps of Engineers Headquarters and district commandersMar. 17, 2020U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)/library/FED-393
Ex. FED-396The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…The President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)/library/FED-396/exhibit/FED-396
Ex. FED-398H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)May 15, 2020U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)/library/FED-398/exhibit/FED-398
Ex. IN-001Executive Order 20-02Governor Eric J. HolcombMar. 6, 2020Governor Eric J. Holcomb, Executive Order 20-02 (Mar. 6, 2020) (Ex. IN-001)/library/IN-001/exhibit/IN-001
Ex. IN-002Executive Order 20-03Governor Eric J. HolcombMar. 13, 2020Governor Eric J. Holcomb, Executive Order 20-03 (Mar. 13, 2020) (Ex. IN-002)/library/IN-002/exhibit/IN-002
Ex. IN-003Executive Order 20-04Governor Eric J. HolcombMar. 16, 2020Governor Eric J. Holcomb, Executive Order 20-04 (Mar. 16, 2020) (Ex. IN-003)/library/IN-003/exhibit/IN-003
Ex. IN-004Executive Order 20-05 (Mar. 19, 2020)Governor Eric J. HolcombMar. 19, 2020Governor Eric J. Holcomb, Executive Order 20-05 (Mar. 19, 2020) (Ex. IN-004)/library/IN-004/exhibit/IN-004
Ex. IN-005Executive Order 20-06Governor Eric J. HolcombMar. 19, 2020Governor Eric J. Holcomb, Executive Order 20-06 (Mar. 19, 2020) (Ex. IN-005)/library/IN-005/exhibit/IN-005
Ex. IN-006Executive Order 20-08Governor Eric J. HolcombMar. 23, 2020Governor Eric J. Holcomb, Executive Order 20-08 (Mar. 23, 2020) (Ex. IN-006)/library/IN-006/exhibit/IN-006
Ex. IN-007Executive Order 20-09Governor Eric J. HolcombMar. 23, 2020Governor Eric J. Holcomb, Executive Order 20-09 (Mar. 23, 2020) (Ex. IN-007)/library/IN-007/exhibit/IN-007
Ex. IN-008Executive Order 20-10Governor Eric J. HolcombMar. 23, 2020Governor Eric J. Holcomb, Executive Order 20-10 (Mar. 23, 2020) (Ex. IN-008)/library/IN-008/exhibit/IN-008
Ex. IN-009Executive Order 20-11Governor Eric J. HolcombMar. 23, 2020Governor Eric J. Holcomb, Executive Order 20-11 (Mar. 23, 2020) (Ex. IN-009)/library/IN-009/exhibit/IN-009
Ex. IN-010Executive Order 20-12Governor Eric J. HolcombMar. 26, 2020Governor Eric J. Holcomb, Executive Order 20-12 (Mar. 26, 2020) (Ex. IN-010)/library/IN-010/exhibit/IN-010
Ex. IN-011Executive Order 20-13Governor Eric J. HolcombMar. 30, 2020Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. IN-011)/library/IN-011/exhibit/IN-011
Ex. IN-012Executive Order 20-14Governor Eric J. HolcombMar. 31, 2020Governor Eric J. Holcomb, Executive Order 20-14 (Mar. 31, 2020) (Ex. IN-012)/library/IN-012/exhibit/IN-012
Ex. IN-013Executive Order 20-15Governor Eric J. HolcombMar. 31, 2020Governor Eric J. Holcomb, Executive Order 20-15 (Mar. 31, 2020) (Ex. IN-013)/library/IN-013/exhibit/IN-013
Ex. IN-014Executive Order 20-16Governor Eric J. HolcombApr. 2, 2020Governor Eric J. Holcomb, Executive Order 20-16 (Apr. 2, 2020) (Ex. IN-014)/library/IN-014/exhibit/IN-014
Ex. IN-015Executive Order 20-17Governor Eric J. HolcombApr. 3, 2020Governor Eric J. Holcomb, Executive Order 20-17 (Apr. 3, 2020) (Ex. IN-015)/library/IN-015/exhibit/IN-015
Ex. IN-016Executive Order 20-18Governor Eric J. HolcombApr. 6, 2020Governor Eric J. Holcomb, Executive Order 20-18 (Apr. 6, 2020) (Ex. IN-016)/library/IN-016/exhibit/IN-016
Ex. IN-017Executive Order 20-19Governor Eric J. HolcombApr. 7, 2020Governor Eric J. Holcomb, Executive Order 20-19 (Apr. 7, 2020) (Ex. IN-017)/library/IN-017/exhibit/IN-017
Ex. IN-018Executive Order 20-20Governor Eric J. HolcombApr. 10, 2020Governor Eric J. Holcomb, Executive Order 20-20 (Apr. 10, 2020) (Ex. IN-018)/library/IN-018/exhibit/IN-018
Ex. IN-019Executive Order 20-21Governor Eric J. HolcombApr. 15, 2020Governor Eric J. Holcomb, Executive Order 20-21 (Apr. 15, 2020) (Ex. IN-019)/library/IN-019/exhibit/IN-019
Ex. IN-020Indiana Executive Order 20-22 (Apr. 20, 2020; to May 1, 2020)Governor Eric J. HolcombApr. 20, 2020Governor Eric J. Holcomb, Indiana Executive Order 20-22 (Apr. 20, 2020; to May 1, 2020) (Ex. IN-020)/library/IN-020/exhibit/IN-020
Ex. IN-021Executive Order 20-23Governor Eric J. HolcombApr. 23, 2020Governor Eric J. Holcomb, Executive Order 20-23 (Apr. 23, 2020) (Ex. IN-021)/library/IN-021/exhibit/IN-021
Ex. IN-022Executive Order 20-24Governor Eric J. HolcombApr. 24, 2020Governor Eric J. Holcomb, Executive Order 20-24 (Apr. 24, 2020) (Ex. IN-022)/library/IN-022/exhibit/IN-022
Ex. IN-023Executive Order 20-25Governor Eric J. HolcombMay 1, 2020Governor Eric J. Holcomb, Executive Order 20-25 (May 1, 2020) (Ex. IN-023)/library/IN-023/exhibit/IN-023
Ex. IN-024Executive Order 20-26Governor Eric J. HolcombMay 1, 2020Governor Eric J. Holcomb, Executive Order 20-26 (May 1, 2020) (Ex. IN-024)/library/IN-024/exhibit/IN-024
Ex. IN-025Executive Order 20-27Governor Eric J. HolcombMay 8, 2020Governor Eric J. Holcomb, Executive Order 20-27 (May 8, 2020) (Ex. IN-025)/library/IN-025/exhibit/IN-025
Ex. IN-026Executive Order 20-28Governor Eric J. HolcombMay 21, 2020Governor Eric J. Holcomb, Executive Order 20-28 (May 21, 2020) (Ex. IN-026)/library/IN-026/exhibit/IN-026
Ex. IN-027Executive Order 20-29Governor Eric J. HolcombMay 31, 2020Governor Eric J. Holcomb, Executive Order 20-29 (May 31, 2020) (Ex. IN-027)/library/IN-027/exhibit/IN-027
Ex. IN-028Executive Order 20-30Governor Eric J. HolcombJune 3, 2020Governor Eric J. Holcomb, Executive Order 20-30 (June 3, 2020) (Ex. IN-028)/library/IN-028/exhibit/IN-028
Ex. IN-029Executive Order 20-31Governor Eric J. HolcombJune 3, 2020Governor Eric J. Holcomb, Executive Order 20-31 (June 3, 2020) (Ex. IN-029)/library/IN-029/exhibit/IN-029
Ex. IN-030Executive Order 20-32Governor Eric J. HolcombJune 11, 2020Governor Eric J. Holcomb, Executive Order 20-32 (June 11, 2020) (Ex. IN-030)/library/IN-030/exhibit/IN-030
Ex. IN-031Executive Order 20-33Governor Eric J. HolcombJune 30, 2020Governor Eric J. Holcomb, Executive Order 20-33 (June 30, 2020) (Ex. IN-031)/library/IN-031/exhibit/IN-031
Ex. IN-032Executive Order 20-34Governor Eric J. HolcombJuly 1, 2020Governor Eric J. Holcomb, Executive Order 20-34 (July 1, 2020) (Ex. IN-032)/library/IN-032/exhibit/IN-032
Ex. IN-033Executive Order 20-35Governor Eric J. HolcombJuly 1, 2020Governor Eric J. Holcomb, Executive Order 20-35 (July 1, 2020) (Ex. IN-033)/library/IN-033/exhibit/IN-033
Ex. IN-034Executive Order 20-36Governor Eric J. HolcombJuly 16, 2020Governor Eric J. Holcomb, Executive Order 20-36 (July 16, 2020) (Ex. IN-034)/library/IN-034/exhibit/IN-034
Ex. IN-035Executive Order 20-37Governor Eric J. HolcombJuly 24, 2020Governor Eric J. Holcomb, Executive Order 20-37 (July 24, 2020) (Ex. IN-035)/library/IN-035/exhibit/IN-035
Ex. IN-036Executive Order 20-38Governor Eric J. HolcombJuly 30, 2020Governor Eric J. Holcomb, Executive Order 20-38 (July 30, 2020) (Ex. IN-036)/library/IN-036/exhibit/IN-036
Ex. IN-037Executive Order 20-39Governor Eric J. HolcombJuly 30, 2020Governor Eric J. Holcomb, Executive Order 20-39 (July 30, 2020) (Ex. IN-037)/library/IN-037/exhibit/IN-037
Ex. IN-038Executive Order 20-40Governor Eric J. HolcombAug. 27, 2020Governor Eric J. Holcomb, Executive Order 20-40 (Aug. 27, 2020) (Ex. IN-038)/library/IN-038/exhibit/IN-038
Ex. IN-039Executive Order 20-41Governor Eric J. HolcombAug. 26, 2020Governor Eric J. Holcomb, Executive Order 20-41 (Aug. 26, 2020) (Ex. IN-039)/library/IN-039/exhibit/IN-039
Ex. IN-040Executive Order 20-42Governor Eric J. HolcombAug. 26, 2020Governor Eric J. Holcomb, Executive Order 20-42 (Aug. 26, 2020) (Ex. IN-040)/library/IN-040/exhibit/IN-040
Ex. IN-041Executive Order 20-43Governor Eric J. HolcombSept. 24, 2020Governor Eric J. Holcomb, Executive Order 20-43 (Sept. 24, 2020) (Ex. IN-041)/library/IN-041/exhibit/IN-041
Ex. IN-042Executive Order 20-44Governor Eric J. HolcombSept. 24, 2020Governor Eric J. Holcomb, Executive Order 20-44 (Sept. 24, 2020) (Ex. IN-042)/library/IN-042/exhibit/IN-042
Ex. IN-043Executive Order 20-45Governor Eric J. HolcombSept. 29, 2020Governor Eric J. Holcomb, Executive Order 20-45 (Sept. 29, 2020) (Ex. IN-043)/library/IN-043/exhibit/IN-043
Ex. IN-044Executive Order 20-46Governor Eric J. HolcombOct. 15, 2020Governor Eric J. Holcomb, Executive Order 20-46 (Oct. 15, 2020) (Ex. IN-044)/library/IN-044/exhibit/IN-044
Ex. IN-045Executive Order 20-47Governor Eric J. HolcombOct. 30, 2020Governor Eric J. Holcomb, Executive Order 20-47 (Oct. 30, 2020) (Ex. IN-045)/library/IN-045/exhibit/IN-045
Ex. IN-046Executive Order 20-48Governor Eric J. HolcombNov. 13, 2020Governor Eric J. Holcomb, Executive Order 20-48 (Nov. 13, 2020) (Ex. IN-046)/library/IN-046/exhibit/IN-046
Ex. IN-047Executive Order 20-49Governor Eric J. HolcombDec. 1, 2020Governor Eric J. Holcomb, Executive Order 20-49 (Dec. 1, 2020) (Ex. IN-047)/library/IN-047/exhibit/IN-047
Ex. IN-048Executive Order 20-50Governor Eric J. HolcombDec. 10, 2020Governor Eric J. Holcomb, Executive Order 20-50 (Dec. 10, 2020) (Ex. IN-048)/library/IN-048/exhibit/IN-048
Ex. IN-049Executive Order 20-51Governor Eric J. HolcombDec. 22, 2020Governor Eric J. Holcomb, Executive Order 20-51 (Dec. 22, 2020) (Ex. IN-049)/library/IN-049/exhibit/IN-049
Ex. IN-050Executive Order 20-52Governor Eric J. HolcombDec. 31, 2020Governor Eric J. Holcomb, Executive Order 20-52 (Dec. 31, 2020) (Ex. IN-050)/library/IN-050/exhibit/IN-050
Ex. IN-051Executive Order 20-53Governor Eric J. HolcombDec. 31, 2020Governor Eric J. Holcomb, Executive Order 20-53 (Dec. 31, 2020) (Ex. IN-051)/library/IN-051/exhibit/IN-051
Ex. IN-052Executive Order 21-01Governor Eric J. HolcombJan. 22, 2021Governor Eric J. Holcomb, Executive Order 21-01 (Jan. 22, 2021) (Ex. IN-052)/library/IN-052/exhibit/IN-052
Ex. IN-053Executive Order 21-02Governor Eric J. HolcombJan. 28, 2021Governor Eric J. Holcomb, Executive Order 21-02 (Jan. 28, 2021) (Ex. IN-053)/library/IN-053/exhibit/IN-053
Ex. IN-054Executive Order 21-03Governor Eric J. HolcombJan. 28, 2021Governor Eric J. Holcomb, Executive Order 21-03 (Jan. 28, 2021) (Ex. IN-054)/library/IN-054/exhibit/IN-054
Ex. IN-055Executive Order 21-05Governor Eric J. HolcombFeb. 25, 2021Governor Eric J. Holcomb, Executive Order 21-05 (Feb. 25, 2021) (Ex. IN-055)/library/IN-055/exhibit/IN-055
Ex. IN-056Executive Order 21-06Governor Eric J. HolcombFeb. 25, 2021Governor Eric J. Holcomb, Executive Order 21-06 (Feb. 25, 2021) (Ex. IN-056)/library/IN-056/exhibit/IN-056
Ex. IN-057Executive Order 21-07Governor Eric J. HolcombMar. 22, 2021Governor Eric J. Holcomb, Executive Order 21-07 (Mar. 22, 2021) (Ex. IN-057)/library/IN-057/exhibit/IN-057
Ex. IN-058Executive Order 21-08Governor Eric J. HolcombMar. 31, 2021Governor Eric J. Holcomb, Executive Order 21-08 (Mar. 31, 2021) (Ex. IN-058)/library/IN-058/exhibit/IN-058
Ex. IN-059Executive Order 21-09Governor Eric J. HolcombMar. 31, 2021Governor Eric J. Holcomb, Executive Order 21-09 (Mar. 31, 2021) (Ex. IN-059)/library/IN-059/exhibit/IN-059
Ex. IN-060Executive Order 21-11Governor Eric J. HolcombApr. 29, 2021Governor Eric J. Holcomb, Executive Order 21-11 (Apr. 29, 2021) (Ex. IN-060)/library/IN-060/exhibit/IN-060
Ex. IN-061Executive Order 21-12Governor Eric J. HolcombApr. 29, 2021Governor Eric J. Holcomb, Executive Order 21-12 (Apr. 29, 2021) (Ex. IN-061)/library/IN-061/exhibit/IN-061
Ex. IN-062Executive Order 21-13Governor Eric J. HolcombMay 11, 2021Governor Eric J. Holcomb, Executive Order 21-13 (May 11, 2021) (Ex. IN-062)/library/IN-062/exhibit/IN-062
Ex. IN-063Executive Order 21-14Governor Eric J. HolcombMay 28, 2021Governor Eric J. Holcomb, Executive Order 21-14 (May 28, 2021) (Ex. IN-063)/library/IN-063/exhibit/IN-063
Ex. IN-064Executive Order 21-15Governor Eric J. HolcombMay 28, 2021Governor Eric J. Holcomb, Executive Order 21-15 (May 28, 2021) (Ex. IN-064)/library/IN-064/exhibit/IN-064
Ex. IN-065Executive Order 21-16Governor Eric J. HolcombJune 30, 2021Governor Eric J. Holcomb, Executive Order 21-16 (June 30, 2021) (Ex. IN-065)/library/IN-065/exhibit/IN-065
Ex. IN-066Executive Order 21-17Governor Eric J. HolcombJune 30, 2021Governor Eric J. Holcomb, Executive Order 21-17 (June 30, 2021) (Ex. IN-066)/library/IN-066/exhibit/IN-066
Ex. IN-067Executive Order 21-18Governor Eric J. HolcombJuly 29, 2021Governor Eric J. Holcomb, Executive Order 21-18 (July 29, 2021) (Ex. IN-067)/library/IN-067/exhibit/IN-067
Ex. IN-068Executive Order 21-19Governor Eric J. HolcombJuly 29, 2021Governor Eric J. Holcomb, Executive Order 21-19 (July 29, 2021) (Ex. IN-068)/library/IN-068/exhibit/IN-068
Ex. IN-069Executive Order 21-22Governor Eric J. HolcombAug. 30, 2021Governor Eric J. Holcomb, Executive Order 21-22 (Aug. 30, 2021) (Ex. IN-069)/library/IN-069/exhibit/IN-069
Ex. IN-070Executive Order 21-23Governor Eric J. HolcombAug. 30, 2021Governor Eric J. Holcomb, Executive Order 21-23 (Aug. 30, 2021) (Ex. IN-070)/library/IN-070/exhibit/IN-070
Ex. IN-071Executive Order 21-24Governor Eric J. HolcombSept. 1, 2021Governor Eric J. Holcomb, Executive Order 21-24 (Sept. 1, 2021) (Ex. IN-071)/library/IN-071/exhibit/IN-071
Ex. IN-072Executive Order 21-26Governor Eric J. HolcombSept. 30, 2021Governor Eric J. Holcomb, Executive Order 21-26 (Sept. 30, 2021) (Ex. IN-072)/library/IN-072/exhibit/IN-072
Ex. IN-073Executive Order 21-27Governor Eric J. HolcombSept. 30, 2021Governor Eric J. Holcomb, Executive Order 21-27 (Sept. 30, 2021) (Ex. IN-073)/library/IN-073/exhibit/IN-073
Ex. IN-074Order, In re Administrative Rule 17 Emergency Relief for Indiana Trial Courts Relating to the 2019 Novel Coronavirus (COVID-19), No. 20S-CB-123 (Mar. 16, 2020)Indiana Supreme Court (Rush, C.J.)Mar. 16, 2020Indiana Supreme Court (Rush, C.J.), Order, In re Administrative Rule 17 Emergency Relief for Indiana Trial Courts Relating to the 2019 Novel Coronavirus (COVID-19), No. 20S-CB-123 (Mar. 16, 2020) (Ex. IN-074)/library/IN-074/exhibit/IN-074
Ex. IN-075Order, No. 20S-CB-123 (Mar. 23, 2020)Indiana Supreme CourtMar. 23, 2020Indiana Supreme Court, Order, No. 20S-CB-123 (Mar. 23, 2020) (Ex. IN-075)/library/IN-075/exhibit/IN-075
Ex. IN-076Order, No. 20S-CB-123 (Apr. 3, 2020)Indiana Supreme CourtApr. 3, 2020Indiana Supreme Court, Order, No. 20S-CB-123 (Apr. 3, 2020) (Ex. IN-076)/library/IN-076/exhibit/IN-076
Ex. IN-077Order Extending Time for Expanding Trial Court Operations, No. 20S-CB-123 (May 13, 2020)Indiana Supreme CourtMay 13, 2020Indiana Supreme Court, Order Extending Time for Expanding Trial Court Operations, No. 20S-CB-123 (May 13, 2020) (Ex. IN-077)/library/IN-077/exhibit/IN-077
Ex. IN-078Order Extending Trial Courts' Emergency Tolling Authority and Setting Expiration of Other Emergency Orders, No. 20S-CB-123 (May 29, 2020)Indiana Supreme CourtMay 29, 2020Indiana Supreme Court, Order Extending Trial Courts' Emergency Tolling Authority and Setting Expiration of Other Emergency Orders, No. 20S-CB-123 (May 29, 2020) (Ex. IN-078)/library/IN-078/exhibit/IN-078
Ex. IN-079Order on Continued Emergency Actions, No. 20S-CB-123 (Nov. 10, 2020)Indiana Supreme CourtNov. 10, 2020Indiana Supreme Court, Order on Continued Emergency Actions, No. 20S-CB-123 (Nov. 10, 2020) (Ex. IN-079)/library/IN-079/exhibit/IN-079
Ex. IN-080Order Suspending Jury Trials, No. 20S-CB-123 (Dec. 14, 2020)Indiana Supreme CourtDec. 14, 2020Indiana Supreme Court, Order Suspending Jury Trials, No. 20S-CB-123 (Dec. 14, 2020) (Ex. IN-080)/library/IN-080/exhibit/IN-080
Ex. IN-081Order Extending Authority for Expanded Remote Hearings, No. 20S-CB-123 (May 7, 2021)Indiana Supreme CourtMay 7, 2021Indiana Supreme Court, Order Extending Authority for Expanded Remote Hearings, No. 20S-CB-123 (May 7, 2021) (Ex. IN-081)/library/IN-081/exhibit/IN-081
Ex. IN-082Bulletin 252Indiana Department of Insurance (Commissioner Stephen W. Robertson)Mar. 26, 2020Indiana Department of Insurance (Commissioner Stephen W. Robertson), Bulletin 252 (Mar. 26, 2020) (Ex. IN-082)/library/IN-082/exhibit/IN-082
Ex. IN-083Indiana Gaming Commission order closing all State-regulated casinos, racinos and off-track betting facilities (announced Mar. 14, 2020)Indiana Gaming CommissionMar. 14, 2020Indiana Gaming Commission, Indiana Gaming Commission order closing all State-regulated casinos, racinos and off-track betting facilities (announced Mar. 14, 2020) (Ex. IN-083)/library/IN-083/exhibit/IN-083
Ex. IN-084Health and Safety Guidelines for Reopening of Casino Operations (Phase One), last updated May 14, 2020Indiana Gaming Commission (Executive Director Sara Gonso Tait)May 14, 2020Indiana Gaming Commission (Executive Director Sara Gonso Tait), Health and Safety Guidelines for Reopening of Casino Operations (Phase One), last updated May 14, 2020 (Ex. IN-084)/library/IN-084/exhibit/IN-084
Ex. IN-085Bloomington Resolution 20-11 (passed 9-0, July 22, 2020) supporting the Monroe County Health Department Public Health Order of July 17, 2020, the Board of…Common Council of the City of Bloomington (Resolution 20-11), reciting orders of the Monroe County Health Department (July 17, 2020), the Monroe County Board of Health (regulation of July 21, 2020) and Mayor John Hamilton (Executive Order 20-02 of July 20, 2020)July 22, 2020Common Council of the City of Bloomington (Resolution 20-11), reciting orders of the Monroe County Health Department (July 17, 2020), the Monroe County Board of Health (regulation of July 21, 2020) and Mayor John Hamilton (Executive Order 20-02 of July 20, 2020), Bloomington Resolution 20-11 (passed 9-0, July 22, 2020) supporting the Monroe County Health Department Public Health Order of July 17, 2020, the Board of Health Public Health Regulation of July 21, 2020 and Mayor's Executive Order 20-02 of July 20, 2020 (Ex. IN-085)/library/IN-085/exhibit/IN-085
Ex. IN-086Public Health Regulation and Order effective Aug. 5, 2021 (as reported by WISH-TV, Aug. 4, 2021)Monroe County Health Officer (Dr. Thomas W. Sharp) and Monroe County Board of Health, approved by the Monroe County Board of CommissionersAug. 4, 2021Monroe County Health Officer (Dr. Thomas W. Sharp) and Monroe County Board of Health, approved by the Monroe County Board of Commissioners, Public Health Regulation and Order effective Aug. 5, 2021 (as reported by WISH-TV, Aug. 4, 2021) (Ex. IN-086)/library/IN-086/exhibit/IN-086
Ex. IN-087Governor's release, 'Gov. Holcomb Signs Executive Order to Require Face Coverings' (July 24, 2020)Office of Governor Eric J. Holcomb (news release)July 24, 2020Office of Governor Eric J. Holcomb (news release), Governor's release, 'Gov. Holcomb Signs Executive Order to Require Face Coverings' (July 24, 2020) (Ex. IN-087)/library/IN-087/exhibit/IN-087
Ex. IN-088Governor's release, 'Gov. Holcomb Signs COVID-19 Executive Orders' (Mar. 31, 2021)Office of Governor Eric J. Holcomb (news release)Mar. 31, 2021Office of Governor Eric J. Holcomb (news release), Governor's release, 'Gov. Holcomb Signs COVID-19 Executive Orders' (Mar. 31, 2021) (Ex. IN-088)/library/IN-088/exhibit/IN-088
Ex. IN-089Senate Enrolled Act 5 (2021), 'Local Health Departments; Public Health Emergencies' (law-firm description)Indiana General Assembly (Senate Enrolled Act 5, 2021), as described in Taft Stettinius & Hollister LLP, 'The 2021 Indiana General Assembly in Review' (June 30, 2021)May 10, 2021Indiana General Assembly (Senate Enrolled Act 5, 2021), as described in Taft Stettinius & Hollister LLP, 'The 2021 Indiana General Assembly in Review' (June 30, 2021), Senate Enrolled Act 5 (2021), 'Local Health Departments; Public Health Emergencies' (law-firm description) (May 10, 2021) (Ex. IN-089)/library/IN-089/exhibit/IN-089
Ex. IN-090ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021)Indiana Alcohol and Tobacco CommissionJuly 1, 2021Indiana Alcohol and Tobacco Commission, ATC 'COVID-19 Action' page (agency timeline of orders and notices, Mar. 23, 2020 through July 1, 2021) (Ex. IN-090)/library/IN-090/exhibit/IN-090
Ex. IN-092COVID-19 Control Measures under 410 IAC 1 (updated July 19, 2021)Indiana Department of Health (State Health Commissioner)July 19, 2021Indiana Department of Health (State Health Commissioner), COVID-19 Control Measures under 410 IAC 1 (updated July 19, 2021) (Ex. IN-092)/library/IN-092/exhibit/IN-092
Ex. IN-093Public Health Regulation and Order effective August 5, 2021 at 8:00 a.m.Monroe County Board of Health and Health Officer Dr. Thomas W. Sharp; approved by the Monroe County Board of Commissioners Aug. 4, 2021Aug. 4, 2021Monroe County Board of Health and Health Officer Dr. Thomas W. Sharp; approved by the Monroe County Board of Commissioners Aug. 4, 2021, Public Health Regulation and Order effective August 5, 2021 at 8:00 a.m. (Aug. 4, 2021) (Ex. IN-093)/library/IN-093/exhibit/IN-093
Ex. IN-094Klaassen v. Trustees of Indiana University, No. 21-2326 (7th Cir. Aug. 2, 2021) (published order), describing Indiana University's fall-2021 vaccination…Trustees of Indiana University (vaccination condition); United States Court of Appeals for the Seventh Circuit (Easterbrook, J.) (order denying injunction pending appeal)Aug. 2, 2021Trustees of Indiana University (vaccination condition); United States Court of Appeals for the Seventh Circuit (Easterbrook, J.) (order denying injunction pending appeal), Klaassen v. Trustees of Indiana University, No. 21-2326 (7th Cir. Aug. 2, 2021) (published order), describing Indiana University's fall-2021 vaccination requirement (Ex. IN-094)/library/IN-094/exhibit/IN-094
Ex. IN-095Senate Enrolled Act 5 (2021) (enrolled act text)Indiana General AssemblyMay 10, 2021Indiana General Assembly, Senate Enrolled Act 5 (2021) (enrolled act text) (May 10, 2021) (Ex. IN-095)/library/IN-095
Ex. LAW-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)/library/LAW-001/exhibit/LAW-001
Ex. LAW-002Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…United States CongressDec. 27, 2020United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)/library/LAW-002/exhibit/LAW-002
Ex. LAW-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)/library/LAW-003/exhibit/LAW-003
Ex. LAW-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)/library/LAW-004/exhibit/LAW-004
Ex. TX-004Executive Order GA-09Governor Greg AbbottMar. 22, 2020Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)/library/TX-004/exhibit/TX-004

8. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?state=IN&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1 on Sept. 30, 2026. The COVID Project is a free public reference and this report is not legal advice.