Eligibility report

Governmental Orders Record and Eligibility Analysis

North Carolina

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 398 instruments cited; 387 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=NC&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 North Carolina 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=NC&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)

North Carolina, first day (Apr. 1, 2020): Stay at Home Order in force (NC-005; effective Mar. 30, 5:00 p.m.): stay home, essential travel only, non-essential businesses ceased, telework directed, gatherings over 10 prohibited; dine-in closed and bars closed (NC-003); gyms, theaters, salons, barbers, spas, pools closed (NC-004); schools closed through May 15 (NC-004 sec. 4); LTC visitation restricted (NC-004 sec. 3); court proceedings postponed (NC-049, NC-050); elective procedures suspended at the Secretary's request from Mar. 23 (NC-068); dental elective care postponed (NC-044 to NC-046); utility shut-offs barred (NC-006); insurance deferrals (NC-043).

North Carolina, last day (June 30, 2020): Phase 2 (NC-011 as extended by NC-013 to July 17): restaurants, retail, personal care 50%; bars, gyms, indoor entertainment, playgrounds closed; gatherings 10 indoor/25 outdoor; statewide face coverings from June 26 (NC-013); telework strongly encouraged; schools closed for the year (NC-010 sec. 4(E); NC-034 sec. 2.10); no jury trials (NC-052 ED 10); eviction moratorium and utility shut-off bar (NC-012).

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)

North Carolina, first day (July 1, 2020): Phase 2 (NC-011, NC-013): as of June 30.

North Carolina, last day (Sept. 30, 2020): Phase 2.5 (NC-017, from Sept. 4): gatherings 25/50; gyms 30%; museums 50%; bars, nightclubs, movie theaters, indoor entertainment, amusement parks closed; face coverings; alcohol onsite service ends 11 p.m. (NC-015, NC-035); courthouse face coverings and jury-trial plans (NC-053).

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)

North Carolina, first day (Oct. 1, 2020): Phase 2.5 (NC-017); Phase 3 from Oct. 2, 5:00 p.m. (NC-018).

North Carolina, last day (Dec. 31, 2020): Modified Stay at Home Order (NC-023, from Dec. 11): stay home 10 p.m.-5 a.m.; businesses closed to public at 10 p.m.; alcohol ends 9 p.m.; gatherings 10 indoor/50 outdoor (NC-021); tightened face coverings (NC-022); indoor bars closed; 30% categories; court proceedings postponed to Jan. 14, 2021 and no jury trials (NC-054); eviction moratorium (NC-020, NC-037); mixed beverages to-go (NC-036).

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)

North Carolina, first day (Jan. 1, 2021): As Dec. 31, 2020; extended by NC-024 (to Jan. 29) and NC-025 (to Feb. 28).

North Carolina, last day (Mar. 31, 2021): EO 204 (NC-027, from Mar. 26): gatherings 50 indoor/100 outdoor; 100/75/50% occupancy categories; indoor face coverings; alcohol curfew lifted; eviction moratorium to June 30 (NC-038); in-person instruction ordered (NC-033); court emergency directives extended (Mar. 15, 2021 order, indexed).

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)

North Carolina, first day (Apr. 1, 2021): EO 204 (NC-027).

North Carolina, last day (June 30, 2021): EO 220 (NC-030): face coverings required in K-12 schools, health care settings, transportation, correctional facilities and shelters; child care under NCDHHS guidelines; no capacity or gathering limits; DHHS waivers (NC-065); transportation waivers (EO 217); court emergency directives ended June 21 (NC-057); eviction moratorium expired June 30 (NC-038).

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)

North Carolina, first day (July 1, 2021): State of Emergency (NC-001); EO 220 (NC-030) through July 30, 5:00 p.m.; EO 211 DHHS waivers and Secretarial Orders (NC-065); EO 217 transportation waivers; federal layer.

North Carolina, last day (Sept. 30, 2021): State of Emergency (NC-001); EO 224 as extended by EO 229 (NC-031, NC-058): standing orders (secs. 2.1-2.2), Cabinet-agency face coverings (sec. 4.2, from Aug. 2), vaccination or weekly testing (sec. 4.1, from Sept. 1); EO 230 (NC-066); EO 232 (NC-059); EO 234 (NC-060); S.L. 2021-130 sec. 10 (NC-032); Toolkit quarantine rules (NC-072); DHHS waiver chain (NC-065, then NC-061).

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

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

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

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

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

Layer	2020 Q2	2020 Q3	2020 Q4	2021 Q1	2021 Q2	2021 Q3	Total
Federal layer	179	163	160	175	165	167	330
State of North Carolina	32	18	20	20	21	15	70
Agencies, boards and authorities	4	2	1	0	0	1	6
Standing duties	39	44	47	42	47	44	62
All layers	254	227	228	237	233	227	468

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 North Carolina

Ex. NC-009

Executive Order No. 135

Extension of Executive Orders 118, 120, 121, and 131 (Stay at Home Order extended)

Governor Roy Cooper, North Carolina (State)

Dates: In force from Apr. 23, 2020 to May 8, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureCapacity limitGathering cap
Functions reached: all functions reached by EO 118, 120, 121, 131
Grade: Primary source read
Days in this quarter: 16

Section 1. Extensions and technical amendments... [Executive Order] No. 120; and all of Executive Order No. 121 are in effect, and shall remain in effect, until 5:00 pm on May 8, 2020. Sections 1 and 2 of Executive Order No. 131 are amended to expire at 5:00 pm [on May 8, 2020]

Enforcement: as in EO 121 sec. 6

Citation: Governor Roy Cooper, Executive Order No. 135 (Apr. 23, 2020) (Ex. NC-009) Open the exhibit

Ex. NC-005

Executive Order No. 121

Stay at Home Order and Strategic Directions for North Carolina in Response to Increasing COVID-19 Cases

Governor Roy Cooper, North Carolina (State)

Dates: In force from Mar. 30, 2020 to May 8, 2020 (issued Mar. 27, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateGathering capTravel and quarantine
Functions reached: CB customer base under stay-home; SF premises closed to the public; OF offices (telework directed); TR travel limited to Essential Activities; GATH events; WF workforce; SC suppliers (Minimum Basic Operations only for non-essential)
Grade: Primary source read
Days in this quarter: 40

All individuals currently in the State of North Carolina are ordered to stay at home, their place of residence, or current place of abode... except as allowed in this Executive Order... Only travel for Essential Activities as defined herein is permitted... non-essential business and operations must cease. All businesses and operations in the State, except COVID-19 Essential Businesses and Operations as defined below, are required to cease all activities within the State except Minimum Basic Operations... All COVID-19 Essential Businesses and Operations are directed, to the maximum extent possible, to direct employees to work from home or telework... the businesses, not-for-profit organizations and educational institutions that were ordered closed by Executive Order Nos. 118 and 120 shall remain closed... A mass gathering is defined as any event or convening that brings together more than…

Enforcement: Sec. 6: enforced by State and local law enforcement under 166A-19.30(a)(2); 'A violation of this Executive Order may be subject to prosecution pursuant to N.C. Gen. Stat. 166A-19.30(d), and is punishable as a Class 2 misdemeanor in accordance with N.C. Gen. Stat. 14-288.20A.'

Citation: Governor Roy Cooper, Executive Order No. 121 (Mar. 27, 2020) (Ex. NC-005) Open the exhibit

Ex. NC-010

Executive Order No. 138

Easing Restrictions on Travel, Business Operations, and Mass Gatherings: Phase 1

Governor Roy Cooper, North Carolina (State)

Dates: In force from May 8, 2020 to May 22, 2020 (issued May 5, 2020)
Quarters: 2020 Q2
Limitations: Business closureTelework mandateCapacity limitGathering capSchools and child careAlcohol and bars
Functions reached: SF sales floor 50%; OF offices (telework promoted; meetings of 10); BA bars closed; SL personal care closed; FC gyms and entertainment closed; WF workforce (schools closed); GATH events
Grade: Primary source read
Days in this quarter: 15

Limit customer occupancy to not more than 50% of stated fire capacity... Continue to promote telework and limit non-essential travel whenever possible... Limit face-to-face meetings to no more than ten (10) workers... Bars are directed to not serve alcoholic beverages for onsite consumption... Mass Gatherings are prohibited. 'Mass Gathering' means an event or convening that brings together more than ten (10) persons at the same time in a single space... School facilities remain closed for in-person instruction. Consistent with Executive Orders No. 117 and 120, public school facilities are to remain closed as in-person instructional settings for students for the remainder of the 2019-2020 school year.

Enforcement: Class 2 misdemeanor under 166A-19.30(d) and 14-288.20A

Citation: Governor Roy Cooper, Executive Order No. 138 (May 5, 2020) (Ex. NC-010) Open the exhibit

Ex. NC-011

Executive Order No. 141

Easing Restrictions on Travel, Business Operations, and Mass Gatherings: Phase 2

Governor Roy Cooper, North Carolina (State)

Dates: In force from May 22, 2020 to Sept. 30, 2020 (issued May 20, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Business closureTelework mandateCapacity limitGathering capAlcohol and bars
Functions reached: DR dining room 50%; SF sales floor 50%; SL salons 50%; BA bars closed; FC gyms and indoor entertainment closed; GATH 10/25; OF telework strongly encouraged
Grade: Primary source read
Days in this quarter: 40 (in force on the last day)

Individuals are strongly encouraged to telework to the greatest extent permissible by their employer... Limit the number of customers in the restaurant to fifty percent (50%) of stated fire capacity... Limit the number of customers in the store to fifty percent (50%)... Mass Gatherings are prohibited. 'Mass Gathering' means an event or convening that brings together more than ten (10) people indoors or more than twenty-five (25) people outdoors

Enforcement: Class 2 misdemeanor under 166A-19.30(d) and 14-288.20A

Citation: Governor Roy Cooper, Executive Order No. 141 (May 20, 2020) (Ex. NC-011) Open the exhibit

Ex. NC-013

Executive Order No. 147

Extension of Phase 2 Order and New Measures to Save Lives in the COVID-19 Pandemic (statewide face coverings)

Governor Roy Cooper, North Carolina (State)

Dates: In force from June 26, 2020 to July 17, 2020 (issued June 24, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCapacity limitGathering capFace-covering requirementWorkplace rules
Functions reached: SF sales floor; DR dining room; PF production floor; JS job sites; OF offices; TR transportation; EMP workplace rules
Grade: Primary source read
Days in this quarter: 5 (in force on the last day)

B. Where Face Coverings Are Required. People are required to wear Face Coverings [in retail businesses, restaurants, personal care, child care, transportation, and workplaces where distancing is not possible]... Executive Order No. 141 shall remain in effect, as amended below, until 5:00 pm on July 17, 2020.

Enforcement: Class 2 misdemeanor; businesses required to have workers wear face coverings; sec. II citations against businesses only (individuals not cited)

Citation: Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. NC-013) Open the exhibit

Ex. NC-004

Executive Order No. 120

Additional Limitations on Mass Gatherings, Restrictions on Venues and Long Term Care Facilities, and Extension of School Closure Date

Governor Roy Cooper, North Carolina (State)

Dates: In force from Mar. 25, 2020 to May 15, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Business closureGathering capSchools and child careHealth care ordersCourts and public offices
Functions reached: FC facilities; SL salon services; PE performances; VS visitation; WF workforce (schools closed); GATH events
Grade: Primary source read
Days in this quarter: 52

A mass gathering is defined as any event or convening that brings together more than fifty (50) persons in a single room or single space at the same time... entertainment facilities without a retail or dining component are ordered to close at 5:00 pm on Wednesday, March 25, 2020... Bingo Parlors... Bowling Alleys; Indoor Exercise Facilities (e.g. gyms, yoga studios, martial arts facilities, indoor trampoline and rock climbing facilities); Health Clubs; Indoor/Outdoor Pools; Live Performance Venues; Movie Theaters; Skating Rinks; Spas; Gaming and business establishments which allow gaming activities... personal care and grooming businesses, including but not limited to the following, are also ordered to close: Barber Shops; Beauty Salons (including waxing and hair removal centers); Hair Salons; Nail Salons/Manicure/Pedicure Providers; Massage Parlors; Tattoo Parlors... Long term care…

Enforcement: Sec. 1(d): Class 2 misdemeanor under 166A-19.30(d) and 14-288.20A; enforced by State and local law enforcement (sec. 1(a)(3))

Citation: Governor Roy Cooper, Executive Order No. 120 (Mar. 23, 2020) (Ex. NC-004) Open the exhibit

Ex. NC-002

Executive Order No. 117

Prohibiting Mass Gatherings and Directing the Statewide Closure of K-12 Public Schools to Limit the Spread of COVID-19

Governor Roy Cooper, North Carolina (State)

Dates: In force from Mar. 14, 2020 to Mar. 23, 2020
Quarters: 2020 Q2
Limitations: Gathering capSchools and child care
Functions reached: GATH events and meetings; WF workforce (schools closed); MK conventions and shows
Grade: Primary source read
Days in this quarter: 10

I hereby prohibit mass gatherings in the State of North Carolina. a. A mass gathering is defined as any event or convening that brings together more than one hundred (100) persons in a single room or single space at the same time... I hereby direct that all public schools close for students effective Monday, March 16, 2020 until March 30, 2020, unless extended beyond that date.

Enforcement: Sec. 1(d): 'Violations... may be subject to prosecution pursuant to N.C. Gen. Stat. 166A-19.30(d) and is punishable as a Class 2 misdemeanor in accordance with N.C. Gen. Stat. 14-288.20A.'

Citation: Governor Roy Cooper, Executive Order No. 117 (Mar. 14, 2020) (Ex. NC-002) Open the exhibit

Ex. NC-003

Executive Order No. 118

Limiting Operations of Restaurants and Bars and Broadening Unemployment Insurance Benefits in Response to COVID-19

Governor Roy Cooper, North Carolina (State)

Dates: In force from Mar. 17, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closureAlcohol and bars
Functions reached: DR dining room; BA bar service; BQ banquets; CB customer base
Grade: Primary source read
Days in this quarter: 106 (in force on the last day)

restaurants are restricted to carry-out, drive-through, delivery, and onsite consumption in outdoor seating areas, subject to mass gathering restrictions to create an environment where staff and patrons maintain social distancing (at least 6 feet from other people) whenever possible. Bars are directed to close. These restrictions are effective as of 5:00pm, Tuesday, March 17, 2020 until March 31, 2020, or until this Order is rescinded or replaced.

Enforcement: Sec. 1(a)(vi): direction to State and local law enforcement under 166A-19.30(a)(2); Class 2 misdemeanor under 14-288.20A; Secretary's abatement order under 130A-20(a) (NC-067)

Citation: Governor Roy Cooper, Executive Order No. 118 (Mar. 17, 2020) (Ex. NC-003) Open the exhibit

Ex. NC-067

Order of Abatement of Imminent Hazard (restaurants and bars), March 17, 2020

Abatement order requiring restaurants and bars to limit food and beverage sales to carry-out, drive-through and delivery

Secretary of Health and Human Services Mandy Cohen, North Carolina (Sector regulator)

Dates: In force from Mar. 17, 2020 to May 22, 2020
Quarters: 2020 Q2
Limitations: Business closureHealth care ordersAlcohol and bars
Functions reached: DR dining room; BA bar service
Grade: Confirmed from a secondary source
Days in this quarter: 67

As recited in EO 118 sec. 1(a)(iv): 'Per N.C. Gen. Stat. 130A-20(a), the Secretary has determined an imminent hazard exists and that entities subject to this Section must limit the sale of food and beverages to carry-out, drive-through, and delivery only in order to abate the hazard, and has issued an order of abatement dated March 17, 2020'

Enforcement: G.S. 130A-20 abatement; G.S. 130A-25 (violation of Chapter 130A rules and orders)

Citation: Secretary of Health and Human Services Mandy Cohen, Order of Abatement of Imminent Hazard (restaurants and bars), March 17, 2020 (Mar. 17, 2020) (Ex. NC-067)

Ex. NC-008

Executive Order No. 131

Additional Limitations on Retail Establishments; Long Term Care Facility Requirements; and Unemployment Insurance Provisions

Governor Roy Cooper, North Carolina (State)

Dates: In force from Apr. 13, 2020 to May 8, 2020 (issued Apr. 9, 2020)
Quarters: 2020 Q2
Limitations: Capacity limitHealth care ordersWorkplace rules
Functions reached: SF sales floor; BR branches (banks named); SR showroom (vehicle dealerships named); EMP cleaning and disinfection; RS residential care
Grade: Primary source read
Days in this quarter: 26

The occupancy of all operating retail establishments shall be limited to be no more than: Twenty percent (20%) of the stated fire capacity; or Five (5) customers for every one thousand (1000) square feet of the retail location's total square footage, including non-customer-facing portions. This limit is the 'Emergency Maximum Occupancy' for that establishment.... it must post sufficient staff at store entrances and exits to enforce the Emergency Maximum Occupancy limit... all operating retail establishments must clearly mark six (6) feet of spacing

Enforcement: Class 2 misdemeanor (recitals cite 166A-19.30(a)(2), (d)); 'All operating retail establishments must enforce these limitations.'

Citation: Governor Roy Cooper, Executive Order No. 131 (Apr. 9, 2020) (Ex. NC-008) Open the exhibit

Ex. NC-001

Executive Order No. 116

Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19

Governor Roy Cooper, North Carolina (State)

Dates: In force from Mar. 10, 2020 to Aug. 15, 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)

DECLARATION OF A STATE OF EMERGENCY TO COORDINATE RESPONSE AND PROTECTIVE ACTIONS TO PREVENT THE SPREAD OF COVID-19... N.C. Gen. Stat. 166A-19.10 and 166A-19.20 authorize the undersigned to declare a state of emergency and exercise the powers and duties set forth therein

Enforcement: Predicate for every later order; every later order recites that 'An Executive Order rescinding the Declaration of the State of Emergency will automatically rescind this Executive Order'

Citation: Governor Roy Cooper, Executive Order No. 116 (Mar. 10, 2020) (Ex. NC-001) Open the exhibit

Ex. NC-070

Bulletin 20-B-04

Protective Actions to Prevent COVID-19 - NC Operations (Expired)

Commissioner of Insurance Mike Causey, North Carolina (Sector regulator)

Dates: In force from Mar. 10, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Workplace rulesOther
Functions reached: IN insurance regulatory operations
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

On March 10, 2020 Governor Cooper issued EXECUTIVE ORDER NO. 116, for the State of North [Carolina]... [the Department describes its protective operational measures and notes that requirements may be imposed by] an order issued by the Commissioner.

Enforcement: Departmental bulletin

Citation: Commissioner of Insurance Mike Causey, Bulletin 20-B-04 (Mar. 10, 2020) (Ex. NC-070) Open the exhibit

Ex. NC-049

Order of the Chief Justice, 13 March 2020 (Emergency Directives 1 and 2)

Order of the Chief Justice of the Supreme Court of North Carolina (COVID-19)

Chief Justice Cheri Beasley, Supreme Court of North Carolina, North Carolina (Court)

Dates: In force from Mar. 13, 2020 to Apr. 2, 2020
Quarters: 2020 Q2
Limitations: Courts and public offices
Functions reached: CT courts (all proceedings postponed); CL closings and foreclosures; SV collections (summary ejectment)
Grade: Primary source read
Days in this quarter: 21 (in force on the first day)

Emergency Directive 1. I order that all superior court and district court proceedings be scheduled or rescheduled for a date no sooner than 30 days from the issuance of this order, unless: 1. the proceeding will be conducted remotely; 2. the proceeding is necessary to preserve the right to due process of law... 3. the proceeding is for the purpose of obtaining emergency relief

Enforcement: Order of the Chief Justice binding on the trial courts

Citation: Chief Justice Cheri Beasley, Supreme Court of North Carolina, Order of the Chief Justice, 13 March 2020 (Emergency Directives 1 and 2) (Mar. 13, 2020) (Ex. NC-049) Open the exhibit

Ex. NC-050

Order of the Chief Justice, 19 March 2020

Order of the Chief Justice (extension of filing deadlines and time computations)

Chief Justice Cheri Beasley, North Carolina (Court)

Dates: In force from Mar. 16, 2020 to Apr. 17, 2020 (issued Mar. 19, 2020)
Quarters: 2020 Q2
Limitations: Courts and public offices
Functions reached: CT courts and clerks; CL closings (estates, special proceedings)
Grade: Primary source read
Days in this quarter: 33

[pleadings, motions, notices and other documents due on or after March 16, 2020 and before the close of business on April 17, 2020 in civil actions, criminal actions,] estates, and special proceedings shall be deemed to be timely filed if they are filed [before the close of business on April 17, 2020]

Enforcement: Order of the Chief Justice

Citation: Chief Justice Cheri Beasley, Order of the Chief Justice, 19 March 2020 (Mar. 19, 2020) (Ex. NC-050) Open the exhibit

Ex. NC-044

Board statement on dental practices and COVID-19 (March 16, 2020)

Statement regarding dental practices and COVID-19

North Carolina State Board of Dental Examiners, North Carolina (Sector regulator)

Dates: In force from Mar. 17, 2020 to Apr. 30, 2020 (issued Mar. 16, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: PR elective procedures; CH chairside care; FD scheduling
Grade: Primary source read
Days in this quarter: 45

dentists should consider postponing elective or non-urgent care for two weeks beginning 17 March 2020. Please note, this is a recommendation

Enforcement: Recommendation of the licensing board; the Board's Apr. 30, 2020 statement warns that failure to follow infection control, sterilization and patient safety recommendations 'may be viewed as a failure to meet the [standard of care]'

Citation: North Carolina State Board of Dental Examiners, Board statement on dental practices and COVID-19 (March 16, 2020) (Mar. 16, 2020) (Ex. NC-044) Open the exhibit

Ex. NC-045

Board statement on dental practices and COVID-19 (March 18, 2020)

Board Statement regarding dental practices and COVID-19 issued on March 18

North Carolina State Board of Dental Examiners, North Carolina (Sector regulator)

Dates: In force from Mar. 18, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: PR elective and aerosol-generating procedures; EM emergency-only period
Grade: Primary source read
Days in this quarter: 44

consider the continuation of emergency care to prevent dental patients from adding stress to hospitals, hospital emergency rooms, and urgent care facilities. Likewise, re-scheduling or postponing non-urgent, routine, and elective procedures is advised to lessen the risk of an inadvertent spread of the virus.

Enforcement: Board advice; standard-of-care implications

Citation: North Carolina State Board of Dental Examiners, Board statement on dental practices and COVID-19 (March 18, 2020) (Mar. 18, 2020) (Ex. NC-045) Open the exhibit

Ex. NC-039

Executive Order No. 119

Facilitating Critical Motor Vehicle Operations and Delegating Authority to the Secretary of the Department of Health and Human Services to Waive Regulations in Order to Expand Access to Child Care and Support Local Health Departments

Governor Roy Cooper, North Carolina (State)

Dates: In force from Mar. 20, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineSchools and child careCourts and public officesSupply chain
Functions reached: DR drivers and routes (hours of service); SC supply chain for medical supplies; EC child care regulation waivers; DM DMV offices
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

Section 5. Maximum Hours of Service... DPS, in conjunction with the North Carolina Department of Transportation ('DOT'), shall waive the maximum hours of service for drivers prescribed by DPS pursuant to N.C. Gen. Stat. 20-381, if the driver is transporting medical supplies and other equipment in support of the Plan... Section 6. Height and Weight Restrictions... DPS... shall waive certain size and weight restrictions... Section 1. Delegation of Authority... I hereby delegate my authority to waive a provision of any regulation or ordinance of a state agency which restricts the immediate relief of human suffering

Enforcement: State Highway Patrol enforces conditions (sec. 7(III)); waivers conditioned on documentation

Citation: Governor Roy Cooper, Executive Order No. 119 (Mar. 20, 2020) (Ex. NC-039) Open the exhibit

Ex. NC-046

COVID-19 Definitions of Emergency Treatment (March 20, 2020)

COVID-19 Definitions of Emergency Treatment

North Carolina State Board of Dental Examiners, North Carolina (Sector regulator)

Dates: In force from Mar. 20, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: EM emergency-only care; PR procedures
Grade: Primary source read
Days in this quarter: 42

COVID-19 Definitions of Emergency Treatment [defining the dental emergencies and urgent conditions that could be treated during the postponement of elective and non-urgent care]

Enforcement: Board guidance

Citation: North Carolina State Board of Dental Examiners, COVID-19 Definitions of Emergency Treatment (March 20, 2020) (Mar. 20, 2020) (Ex. NC-046) Open the exhibit

Ex. NC-048

NCDHHS COVID-19 guidance update for dental settings (March 20, 2020)

Information we were asked to share by the Department of Health and Human Services (COVID-19 guidance update)

NCDHHS (circulated by the State Board of Dental Examiners), North Carolina (Sector regulator)

Dates: In force from Mar. 20, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: PR procedures; ST infection control
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

[NCDHHS COVID-19 guidance update dated March 20, 2020, circulated to licensees by the Board]

Enforcement: Guidance

Citation: NCDHHS (circulated by the State Board of Dental Examiners), NCDHHS COVID-19 guidance update for dental settings (March 20, 2020) (Mar. 20, 2020) (Ex. NC-048) Open the exhibit

Ex. NC-068

NCDHHS letter to hospital and ambulatory surgery center leaders, March 20, 2020

Request to suspend all elective and non-urgent procedures and surgeries effective March 23, 2020

Secretary of Health and Human Services Mandy Cohen, North Carolina (Sector regulator)

Dates: In force from Mar. 23, 2020 to June 30, 2020 (issued Mar. 20, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX surgery and elective procedures; OC outpatient clinics; PR procedures; CB patients
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

Effective March 23rd, 2020, as part of a unified response, I request all hospitals and ambulatory surgery centers suspend all elective and non-urgent procedures and surgeries. Elective and non-urgent procedures and surgeries are defined as any procedure or surgery that if not done within the next 4 weeks would not cause harm to the patient. Beginning today, March 20th, hospitals and ambulatory surgery centers should institute an explicit, real-time review of all non-time sensitive procedures and surgeries.

Enforcement: Direction of the licensing Secretary framed as a request; 'we are committed to reviewing this recommendation on a weekly basis'

Citation: Secretary of Health and Human Services Mandy Cohen, NCDHHS letter to hospital and ambulatory surgery center leaders, March 20, 2020 (Mar. 20, 2020) (Ex. NC-068) Open the exhibit

Ex. NC-043

Order of the Commissioner of Insurance and Bulletin 20-B-06

COVID-19 Pandemic (activation of the disaster provisions of G.S. 58-2-46 for all 100 counties)

Commissioner of Insurance Mike Causey, North Carolina (Sector regulator)

Dates: In force from Mar. 27, 2020 to Apr. 26, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: IN insurance (grace periods and deferrals); SV servicing and collections; CB customers
Grade: Primary source read
Days in this quarter: 31

On March 27, 2020 Insurance Commissioner Causey issued an order that activated the state of disaster [provisions: the] automatic stay of proof of loss requirements, and premium and debt deferrals as [provided in] NCGS 58-2-46... premium finance companies, collections agencies, and other persons subject [to the Commissioner's jurisdiction are bound]

Enforcement: G.S. 58-2-46; Commissioner's regulatory authority

Citation: Commissioner of Insurance Mike Causey, Order of the Commissioner of Insurance and Bulletin 20-B-06 (Mar. 27, 2020) (Ex. NC-043) Open the exhibit

Ex. NC-006

Executive Order No. 124

Assisting North Carolinians by Prohibiting Utility Shut-Offs, Late Fees, and Reconnection Fees; Providing Guidance About Restrictions on Evictions; and Encouraging Telecommunications Providers, Banks, and Mortgage Servicers to Provide Assistance and Flexibility to Their Customers

Governor Roy Cooper, North Carolina (State)

Dates: In force from Mar. 31, 2020 to July 29, 2020
Quarters: 2020 Q22020 Q3
Limitations: Other
Functions reached: SV servicing and collections; PM property management; CB customers
Grade: Primary source read
Days in this quarter: 92 (in force on the last day)

ASSISTING NORTH CAROLINIANS BY PROHIBITING UTILITY SHUT-OFFS, LATE FEES, AND RECONNECTION FEES; PROVIDING GUIDANCE ABOUT RESTRICTIONS ON EVICTIONS; AND ENCOURAGING... BANKS, AND MORTGAGE SERVICERS TO PROVIDE ASSISTANCE AND FLEXIBILITY TO THEIR CUSTOMERS

Enforcement: Utilities Commission and Attorney General (recitals cite 75-14, 75-15, 114-2); 60-day utility provisions

Citation: Governor Roy Cooper, Executive Order No. 124 (Mar. 31, 2020) (Ex. NC-006) Open the exhibit

Ex. NC-051

Order of the Chief Justice, 2 April 2020 (Emergency Directives 1-7)

Order of the Chief Justice (Emergency Directives 1 through 7)

Chief Justice Cheri Beasley, North Carolina (Court)

Dates: In force from Apr. 2, 2020 to May 1, 2020
Quarters: 2020 Q2
Limitations: Courts and public offices
Functions reached: CT courts; CL closings (sworn statements); SV collections
Grade: Primary source read
Days in this quarter: 30

Emergency Directive 1... [proceedings] must be scheduled or rescheduled for a date no sooner [than June 1, 2020]... Emergency Directive 5... or that an oath be taken, it shall be sufficient if the subscriber affirms the truth of [the matter]... the emergency directives contained in this order are effective immediately and expire on 1 May 2020.

Enforcement: Order of the Chief Justice

Citation: Chief Justice Cheri Beasley, Order of the Chief Justice, 2 April 2020 (Emergency Directives 1-7) (Apr. 2, 2020) (Ex. NC-051) Open the exhibit

Ex. NC-007

Executive Order No. 130

Meeting North Carolina's Health and Human Services Needs

Governor Roy Cooper, North Carolina (State)

Dates: In force from Apr. 8, 2020 to Aug. 8, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Schools and child careHealth care ordersWorkplace rules
Functions reached: IP surge capacity; HR credentialing and background checks; TM telehealth; HC in-home visits; EC child care for essential workers
Grade: Primary source read
Days in this quarter: 84 (in force on the last day)

Section 1. Allowing Increases in Health Care Resources... the undersigned delegates to the Secretary of Health and Human Services authority to waive or modify [regulatory requirements to add beds and technology]; recitals: 'the Secretary of Health and Human Services requires authority to modify or waive enforcement of regulatory requirements to provide MH/DD/SAS services via telehealth'; 'in the circumstances of the COVID-19 pandemic, there are substantial delays in obtaining these [criminal history] checks and screens'; 'certain regulations regarding in-home aides' initial assessments and supervisory visits would, in these circumstances, put assessors, supervisors, aides, and patients at risk'

Enforcement: Delegations to the Secretary of DHHS; Secretarial Orders issued under it (EO 215 sec. 3.3(b) refers to 'the Secretarial Orders issued under Executive Order Nos. 152, 165, 177, 193, 211')

Citation: Governor Roy Cooper, Executive Order No. 130 (Apr. 8, 2020) (Ex. NC-007) Open the exhibit

Ex. NC-040

Executive Order No. 133

Extending Certain Transportation-Related Provisions in Previous Executive Orders

Governor Roy Cooper, North Carolina (State)

Dates: In force from Apr. 17, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Travel and quarantineSupply chain
Functions reached: DR drivers; SC supply chain
Grade: Primary source read
Days in this quarter: 75 (in force on the last day)

Section 1. Extensions and technical amendments... 1. Sections 3 to 6 of Executive Order No. 119 are hereby extended through the end of the [30-day period]

Enforcement: as in EO 119

Citation: Governor Roy Cooper, Executive Order No. 133 (Apr. 17, 2020) (Ex. NC-040) Open the exhibit

Ex. NC-069

Extended Order of the Commissioner of Insurance and Bulletin 20-B-07

COVID-19 Extended Deferral Period

Commissioner of Insurance Mike Causey, North Carolina (Sector regulator)

Dates: In force from Apr. 27, 2020 to June 30, 2020 (issued Apr. 24, 2020)
Quarters: 2020 Q2
Limitations: Other
Functions reached: IN insurance deferrals; SV collections
Grade: Primary source read
Days in this quarter: 65 (in force on the last day)

The March 27, 2020 Order expires at midnight on April 26, 2020. [This Extended Order takes] effect at 12:01 am on April 27, 2020. This Extended Order will expire 30 days from the effective [date]

Enforcement: G.S. 58-2-46

Citation: Commissioner of Insurance Mike Causey, Extended Order of the Commissioner of Insurance and Bulletin 20-B-07 (Apr. 24, 2020) (Ex. NC-069) Open the exhibit

Ex. NC-047

Statement on providing dental services during the COVID-19 pandemic (April 30, 2020)

Statement on providing dental services during the COVID-19 pandemic adopted by the Board

North Carolina State Board of Dental Examiners, North Carolina (Sector regulator)

Dates: In force from Apr. 30, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Health care ordersWorkplace rules
Functions reached: PR procedures; ST sterilization and infection control; SC PPE
Grade: Primary source read
Days in this quarter: 62 (in force on the last day)

The decision to resume offering routine and non-emergency care is a decision that must be made by [each dentist]... [failure to follow] infection control, sterilization, and patient safety recommendations may be viewed as a failure to meet the [standard of care]

Enforcement: Standard-of-care enforcement by the Board

Citation: North Carolina State Board of Dental Examiners, Statement on providing dental services during the COVID-19 pandemic (April 30, 2020) (Apr. 30, 2020) (Ex. NC-047) Open the exhibit

Ex. NC-034

S.L. 2020-3, secs. 2.10, 2.11, 4.7

COVID-19 Recovery Act (remote instruction for 2019-20; Remote Instruction Plans for 2020-21; DMV credential deadline extensions)

General Assembly of North Carolina, North Carolina (State)

Dates: In force from May 4, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Schools and child careCourts and public officesOther
Functions reached: IN instruction (remote); WF workforce (parents); DM motor-vehicle offices and credentials; HR (CDL testing)
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

SECTION 2.10.(a)... Each public school unit shall provide remote instruction for the remainder of its scheduled 2019-2020 school year... SECTION 2.11.(a) Remote Instruction Plans. The governing body of each public school unit shall develop a Remote Instruction Plan (Plan) for the 2020-2021 school year... DIVISION OF MOTOR VEHICLES/EXTEND DEADLINES SECTION 4.7.(a) Definition. For purposes of this section, 'credential' means any of the following issued by the Division of Motor Vehicles: (1) Drivers license... (6) Commercial drivers license... (11) Vehicle registration... (20) Motor vehicle dealer license

Enforcement: Statute

Citation: General Assembly of North Carolina, S.L. 2020-3, secs. 2.10, 2.11, 4.7 (May 4, 2020) (Ex. NC-034) Open the exhibit

Ex. NC-041

Executive Order No. 139

Meeting North Carolina's Health and Human Services Needs (public health, Medicaid, child care and licensing provisions)

Governor Roy Cooper, North Carolina (State)

Dates: In force from May 12, 2020 to Jan. 5, 2022
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Schools and child careHealth care ordersWorkplace rules
Functions reached: HC licensing and accreditation; CB payers (Medicaid); EC child care
Grade: Primary source read
Days in this quarter: 50 (in force on the last day)

Section 1. Public Health... Accreditations otherwise set to expire during this State of Emergency [may be extended]... Medicaid eligibility application processing for initial applications and redeterminations [modified]... provisions of this Executive Order and Executive Order No. 130 expire under the same schedule

Enforcement: Delegations to the Secretary of DHHS

Citation: Governor Roy Cooper, Executive Order No. 139 (May 12, 2020) (Ex. NC-041) Open the exhibit

Ex. NC-012

Executive Order No. 142

Temporary Prohibitions on Evictions and Extending the Prohibition on Utility Shut-Offs

Governor Roy Cooper, North Carolina (State)

Dates: In force from May 30, 2020 to June 20, 2020
Quarters: 2020 Q22020 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management; SV servicing and collections; CM commercial leasing
Grade: Primary source read
Days in this quarter: 22

Section 1. Evictions Moratorium... All leases are modified to disallow evicting, or otherwise terminating the [tenancy for nonpayment]... Section 4(A): Section 1 of Executive Order No. 124 shall remain in effect until 11:59 pm on July 29, 2020.

Enforcement: Modifies leases; six-month repayment plans; Attorney General enforcement

Citation: Governor Roy Cooper, Executive Order No. 142 (May 30, 2020) (Ex. NC-012) Open the exhibit

Ex. NC-052

Order of the Chief Justice, 21 May 2020 (Emergency Directives 9-16)

Order of the Chief Justice (Emergency Directives 9 through 16; no jury trials)

Chief Justice Cheri Beasley, North Carolina (Court)

Dates: In force from June 1, 2020 to Dec. 14, 2020 (issued May 21, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Courts and public officesWorkplace rules
Functions reached: CT courts (no jury trials); PJ litigation projects; CL closings
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

Emergency Directive 10. No jury trials shall be convened in the district or superior courts of this State for the next thirty (30) days. Although this emergency directive will expire in 30 days pursuant to N.C.G.S. 7A-39(b)(2), it is my intention to extend this directive through at least the end of July and judicial officials are directed to plan accordingly.

Enforcement: Order of the Chief Justice; COVID-19 Coordinators designated per facility (ED 11)

Citation: Chief Justice Cheri Beasley, Order of the Chief Justice, 21 May 2020 (Emergency Directives 9-16) (May 21, 2020) (Ex. NC-052) Open the exhibit

Ex. NC-042

Executive Order No. 144

Extension of Executive Order No. 130 (Health and Human Services Provisions)

Governor Roy Cooper, North Carolina (State)

Dates: In force from June 5, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Health care orders
Functions reached: HC waivers; HR credentialing
Grade: Primary source read
Days in this quarter: 26 (in force on the last day)

Section 1. Extension [of the provisions of Executive Order No. 130 that were set to expire]

Enforcement: as in EO 130

Citation: Governor Roy Cooper, Executive Order No. 144 (June 5, 2020) (Ex. NC-042) Open the exhibit

Agencies, boards and authorities: North Carolina

Ex. AGY-ST-EDUCATION-HIGHER-ED-028

UNC System Updates Guidance to Constituent Institutions (March 17, 2020)

System guidance moving all constituent institutions to remote instruction for the remainder of the spring 2020 semester and reducing campus operations

UNC System Interim President William L. Roper, University of North Carolina System (Board of Governors; sixteen constituent institutions); State level (State)

Dates: In force from Mar. 17, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closureGathering cap
Functions reached: IN in-person instruction suspended; CP housing and dining; CB students
Grade: Confirmed from a secondary source
Days in this quarter: 106 (in force on the last day)

Enforcement: N.C. Gen. Stat. ss. 116-11, 116-14

Citation: UNC System Interim President William L. Roper, UNC System Updates Guidance to Constituent Institutions (March 17, 2020) (Mar. 17, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-028) Open the exhibit

Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-102

NC Ports 'COVID-19 Business Continuity Plans' (updates of Mar. 20 and Mar. 24, 2020): all terminals on a normal schedule; Continuity of Operations Plan implemented: access to Maritime Buildings in Wilmington and Morehead City restricted to essential personnel only; security processes modified with the Coast Guard; social distancing, avoiding unnecessary travel, remote working encouraged

COVID-19 Business Continuity Plans - Operating Status; Continuity of Operations Plan (COOP) (Maritime Buildings restricted to essential personnel)

North Carolina State Ports Authority (NC Ports), an enterprise agency of the North Carolina Department of Transportation, North Carolina (Ports of Wilmington and Morehead City; Charlotte Inland Port) (State)

Dates: In force from Mar. 20, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closureTelework mandateWorkplace rulesSupply chain
Functions reached: PT ports (administrative buildings restricted to essential personnel; security processes modified); OP office (remote work); SC supply chain; CB customer access
Character: binding
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

All North Carolina Ports terminals - the ports of Wilmington and Morehead City and Charlotte Inland Port - continue to operate on a normal schedule... We have implemented the COOP regarding COVID-19 which includes the following: Coordinating with New Hanover County and Carteret County Emergency Management. Increasing information sharing with CBP and USCG. Working with USCG to modify security processes to protect employees. Restricting access to Maritime Buildings in Wilmington and Morehead City to essential personnel only.... This includes practicing social distancing, avoiding unnecessary travel, additional cleaning and disinfection of buildings and encouraging remote working when possible.

Enforcement: Access restriction under the facility security plan; employee directives

Citation: North Carolina State Ports Authority (NC Ports), an enterprise agency of the North Carolina Department of Transportation, NC Ports 'COVID-19 Business Continuity Plans' (updates of Mar. 20 and Mar. 24, 2020): all terminals on a normal schedule; Continuity of Operations Plan implemented: access to Maritime Buildings in Wilmington and Morehead City restricted to essential personnel only; security processes modified with the Coast Guard; social distancing, avoiding unnecessary travel, remote working encouraged (Mar. 20, 2020) (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-102) Open the exhibit

Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-047

NCDOT release, Mar. 18, 2020: visitors not allowed on Ocracoke-bound ferries from 5:00 a.m. Mar. 19, 2020 under the Hyde County emergency declaration; visitor reservations cancelled and refunded; only residents, property owners, workers, vendors and service providers may board; county law enforcement at terminals to check identification

Hyde County Restricts Visitation to Ocracoke Island Beginning March 19

Hyde County Board of Commissioners (emergency declaration), implemented by the North Carolina Department of Transportation Ferry Division, North Carolina (Hyde County; Ocracoke Island; Swan Quarter-Ocracoke and Cedar Island-Ocracoke ferry routes) (County)

Dates: In force from Mar. 19, 2020 to May 23, 2020 (issued Mar. 18, 2020)
Quarters: 2020 Q2
Limitations: Emergency declarationTravel and quarantine
Functions reached: TV travel (an island tourism destination closed to visitors by order); CB customer access (every Ocracoke lodging, restaurant and retail business lost its visitor base by order); WF workforce (workers admitted on identification)
Character: binding
Grade: Primary source read
Days in this quarter: 66

Visitors will not be allowed on Ocracoke-bound ferries starting Thursday morning, due to an emergency declaration issued today by Hyde County.... As part of that declaration, visitors will not be allowed access to Ocracoke Island beginning at 5 a.m. Thursday. Visitors with reservations for the Swan Quarter-Ocracoke and Cedar Island-Ocracoke ferry routes will have their reservations canceled and will be issued refunds. Only residents, property owners, workers, vendors and service providers will be allowed to board Ocracoke-bound ferries.... These restrictions will be in place until further notice. Hyde County will have law enforcement at ferry terminals to check passengers' identifications and enforce restrictions.

Enforcement: County law enforcement identification checks at the ferry terminals; N.C. Gen. Stat. § 14-288.20A (Class 2 misdemeanor for violating a local emergency prohibition); NCDOT cancellation of reservations

Citation: Hyde County Board of Commissioners (emergency declaration), implemented by the North Carolina Department of Transportation Ferry Division, NCDOT release, Mar. 18, 2020: visitors not allowed on Ocracoke-bound ferries from 5:00 a.m. Mar. 19, 2020 under the Hyde County emergency declaration; visitor reservations cancelled and refunded; only residents, property owners, workers, vendors and service providers may board; county law enforcement at terminals to check identification (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-047) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-043

Session Law 2020-3 (S.B. 704), COVID-19 Recovery Act

An Act to Provide Aid to North Carolinians in Response to the Coronavirus Disease 2019 (COVID-19) Crisis

General Assembly of North Carolina (ratified May 2, 2020); signed by Governor Roy Cooper May 4, 2020, North Carolina (General Assembly; Division of Motor Vehicles; notaries) (State)

Dates: In force from May 4, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Courts and public officesOther
Functions reached: DM titles, registrations, dealer plates and dealer licenses (items (11)-(24)); HR driver and CDL credentialing; driver-training schools (items (25)-(26)); SR dealer showrooms (dealer, sales-representative, manufacturer, distributor and wholesaler licenses extended); CL notarized closings by video; PM inspection stations and mechanics (items (16)-(18)); CB
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

SECTION 4.7.(b) Extend Validity of Credentials. - Notwithstanding renewal, duration, or expiration provisions of G.S. 20-7, 20-11, 20-37.6, 20-37.7, 20-37.13, 20-50, 20-66, 20-79, 20-79.02, 20-79.2, 20-183.4B, 20-183.4D, 20-280.3, 20-288, 20-324, and 20-359, or any other provision of law to the contrary, the Division of Motor Vehicles shall extend for a period of five months the validity of any credential that expires on or after March 1, 2020, and before August 1, 2020.... SECTION 4.7.(c)... until 30 days after the date the Governor rescinds Executive Order No. 116 or the date the Division reopens all drivers license offices, whichever is earlier.... '10B-25. Emergency video notarization. (a) Notwithstanding any other provision of law, a notary may perform an emergency video notarization using video conference technology provided all of the requirements of this section are satisfied.'

Enforcement: Statute; sec. 4.7(d) waives fines, fees and penalties for failure to renew during the extension; sec. 4.7(f) makes validity by extension a defense

Citation: General Assembly of North Carolina (ratified May 2, 2020); signed by Governor Roy Cooper May 4, 2020, Session Law 2020-3 (S.B. 704), COVID-19 Recovery Act (May 4, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-043) Open the exhibit

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

Federal layer

Ex. FED-029

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332

General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-333

General Order 72-6

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

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

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

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

Enforcement: court order

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

Ex. FED-154

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

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

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

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

Enforcement: F-tag F563 and F880 survey enforcement

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

Ex. FED-030

No Sail Order; Third Modification and Extension (Sept. 30, 2020)

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-006

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

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-202

Proclamation 9993

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-203

Proclamation 9996

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

President Donald J. Trump, United States (Federal)

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

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

Enforcement: Sec. 3 implementation by State and DHS

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

Ex. FED-311

Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

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

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

Enforcement: court order

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

Ex. FED-367

Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

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

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

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

Enforcement: VA program guidance to participants

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

Ex. FED-194

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

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

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

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

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

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

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

Ex. FED-070

Executive Order 13909

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

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

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

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

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

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

Ex. FED-265

OMB Memorandum M-20-17

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

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

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

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

Enforcement: OMB directive to awarding agencies

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

Ex. FED-292

Order of March 19, 2020, 589 U.S. (Order List)

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

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

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

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

Enforcement: order of the Court

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

Ex. FED-381

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

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

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

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

Enforcement: USDA program requirements

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

Ex. FED-034

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

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

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

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

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

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

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

Ex. FED-039

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

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

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

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

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

Enforcement: 42 U.S.C. § 271

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

Ex. FED-132

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

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

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

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

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

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

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

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

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

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

State of North Carolina

Ex. NC-014

Executive Order No. 151

Extension of Phase 2 Order

Governor Roy Cooper, North Carolina (State)

Dates: In force from July 17, 2020 to Aug. 7, 2020 (issued July 16, 2020)
Quarters: 2020 Q3
Limitations: Business closureCapacity limitGathering capFace-covering requirement
Functions reached: all Phase 2 functions
Grade: Primary source read
Days in this quarter: 22

Executive Order No. 141 shall remain in effect, as amended by Executive Order No. 147 and this Executive Order... through 5:00 pm on August 7, 2020.

Enforcement: as in EO 141

Citation: Governor Roy Cooper, Executive Order No. 151 (July 16, 2020) (Ex. NC-014) Open the exhibit

Ex. NC-016

Executive Order No. 155

Extension of Phase 2 Order

Governor Roy Cooper, North Carolina (State)

Dates: In force from Aug. 7, 2020 to Sept. 11, 2020 (issued Aug. 5, 2020)
Quarters: 2020 Q3
Limitations: Business closureCapacity limitGathering capFace-covering requirement
Functions reached: all Phase 2 functions
Grade: Primary source read
Days in this quarter: 36

Executive Order No. 141 shall remain in effect, as amended, until 5:00 pm on September 11, 2020.

Enforcement: as in EO 141

Citation: Governor Roy Cooper, Executive Order No. 155 (Aug. 5, 2020) (Ex. NC-016) Open the exhibit

Ex. NC-017

Executive Order No. 163

Extension of Phase 2 Order with Modifications: Phase 2.5

Governor Roy Cooper, North Carolina (State)

Dates: In force from Sept. 4, 2020 to Oct. 2, 2020 (issued Aug. 31, 2020)
Quarters: 2020 Q32020 Q4
Limitations: Business closureCapacity limitGathering capFace-covering requirementAlcohol and bars
Functions reached: FC gyms 30%; GATH 25/50; BA bars closed; PE theaters closed; DR dining 50%; SF retail 50%
Grade: Primary source read
Days in this quarter: 27 (in force on the last day)

Mass Gatherings are prohibited. 'Mass Gathering' means an event or convening that brings together more than twenty-five (25) people indoors or more than [fifty (50) people outdoors]... Limit any Guests in indoor areas to 30% Emergency Maximum Occupancy [fitness facilities]... Limit the number of Guests in the museum or aquarium to fifty percent (50%)... Entertainment areas within establishments that are open must remain closed... People are required to wear Face Coverings

Enforcement: Class 2 misdemeanor

Citation: Governor Roy Cooper, Executive Order No. 163 (Aug. 31, 2020) (Ex. NC-017) Open the exhibit

Ex. NC-053

Order of the Chief Justice, 16 July 2020 (Emergency Directives 21 and 22)

Order Issuing Emergency Directives 21 and 22 (face coverings in court facilities; jury trial resumption plans)

Chief Justice Cheri Beasley, North Carolina (Court)

Dates: In force from July 16, 2020 to May 14, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Face-covering requirementCourts and public offices
Functions reached: CT courts; WF workforce (attorneys, staff); CL closings
Grade: Primary source read
Days in this quarter: 77 (in force on the last day)

Emergency Directive 21. All persons who are in a court facility are required to wear a face covering while they are in common areas of the facility and when they are interacting with others... Pursuant to Emergency Directive 10, all jury trials in the superior court and district court are postponed through 20 July 2020. It is my intention to extend Emergency Directive 10 until at least the end of September.

Enforcement: Order of the Chief Justice

Citation: Chief Justice Cheri Beasley, Order of the Chief Justice, 16 July 2020 (Emergency Directives 21 and 22) (July 16, 2020) (Ex. NC-053) Open the exhibit

Ex. NC-015

Executive Order No. 153

Restricting Late Night Service of Alcoholic Beverages

Governor Roy Cooper, North Carolina (State)

Dates: In force from July 31, 2020 to Mar. 31, 2021 (issued July 28, 2020)
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Curfew and hoursAlcohol and bars
Functions reached: BA bar service; DR dining room hours; CB customer base
Grade: Primary source read
Days in this quarter: 62 (in force on the last day)

shall cease the sale and service of alcoholic beverages for onsite consumption between 11:00 pm and 7:00 am... Local governments cannot set more permissive policies concerning the sale of alcoholic beverages

Enforcement: Class 2 misdemeanor; ABC Commission permit enforcement (sec. 4(D))

Citation: Governor Roy Cooper, Executive Order No. 153 (July 28, 2020) (Ex. NC-015) Open the exhibit

Ex. NC-035

Executive Order No. 162

Extending Restrictions on Late Night Service of Alcoholic Beverages

Governor Roy Cooper, North Carolina (State)

Dates: In force from Aug. 31, 2020 to Oct. 2, 2020
Quarters: 2020 Q32020 Q4
Limitations: Curfew and hoursAlcohol and bars
Functions reached: BA bar service; DR dining hours
Grade: Primary source read
Days in this quarter: 31 (in force on the last day)

Section 1. Prior Executive Order [Executive Order No. 153 extended]... This Executive Order is effective at 11:00 pm on August 31, 2020. This Executive Order shall remain in effect through 11:00 pm on October 2, 2020

Enforcement: as in EO 153

Citation: Governor Roy Cooper, Executive Order No. 162 (Aug. 31, 2020) (Ex. NC-035) Open the exhibit

Ex. NC-073

NCDHHS Secretarial Orders on long-term care facility visitation and testing (including Secretarial Order No. 3, September 4, 2020)

Secretarial Orders governing visitation, testing and infection control at nursing homes and adult care homes (2020-2021)

Secretary of Health and Human Services Mandy Cohen, North Carolina (Sector regulator)

Dates: In force from Sept. 4, 2020 to Sept. 30, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersVaccination or testingQuarantine and isolation
Functions reached: VS visitation; RS residential care admissions and testing; IC infection control; HR staff testing
Grade: Confirmed from a secondary source
Days in this quarter: 27 (in force on the last day)

Husch Blackwell summary of Secretarial Order 3 (Sept. 4, 2020): authorized outdoor visitation at nursing homes and skilled nursing facilities meeting specific requirements (no current outbreak, testing plan, updated infection control plans, adequate PPE); EO 215 sec. 3.3(b): 'Additional requirements in health care settings can be found in Executive Order Nos. 130 and 139 and in the Secretarial Orders issued under Executive Order Nos. 152, 165, 177, 193, 211, and any subsequent extensions thereof.'

Enforcement: Licensure conditions; G.S. 130A

Citation: Secretary of Health and Human Services Mandy Cohen, NCDHHS Secretarial Orders on long-term care facility visitation and testing (including Secretarial Order No. 3, September 4, 2020) (Sept. 4, 2020) (Ex. NC-073)

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

Exhibit	Citation	Dates	Limitations
Ex. NC-011	Governor Roy Cooper, Executive Order No. 141 (May 20, 2020) (Ex. NC-011)	In force from May 22, 2020 to Sept. 30, 2020 (issued May 20, 2020)	Business closureTelework mandateCapacity limitGathering capAlcohol and bars
Ex. NC-013	Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. NC-013)	In force from June 26, 2020 to July 17, 2020 (issued June 24, 2020)	Business closureCapacity limitGathering capFace-covering requirementWorkplace rules
Ex. NC-001	Governor Roy Cooper, Executive Order No. 116 (Mar. 10, 2020) (Ex. NC-001)	In force from Mar. 10, 2020 to Aug. 15, 2022	Emergency declaration
Ex. NC-039	Governor Roy Cooper, Executive Order No. 119 (Mar. 20, 2020) (Ex. NC-039)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantineSchools and child careCourts and public officesSupply chain
Ex. NC-006	Governor Roy Cooper, Executive Order No. 124 (Mar. 31, 2020) (Ex. NC-006)	In force from Mar. 31, 2020 to July 29, 2020	Other
Ex. NC-007	Governor Roy Cooper, Executive Order No. 130 (Apr. 8, 2020) (Ex. NC-007)	In force from Apr. 8, 2020 to Aug. 8, 2021	Schools and child careHealth care ordersWorkplace rules
Ex. NC-034	General Assembly of North Carolina, S.L. 2020-3, secs. 2.10, 2.11, 4.7 (May 4, 2020) (Ex. NC-034)	In force from May 4, 2020 to Dec. 31, 2020	Schools and child careCourts and public officesOther
Ex. NC-041	Governor Roy Cooper, Executive Order No. 139 (May 12, 2020) (Ex. NC-041)	In force from May 12, 2020 to Jan. 5, 2022	Schools and child careHealth care ordersWorkplace rules
Ex. NC-012	Governor Roy Cooper, Executive Order No. 142 (May 30, 2020) (Ex. NC-012)	In force from May 30, 2020 to June 20, 2020	Courts and public officesOther
Ex. NC-052	Chief Justice Cheri Beasley, Order of the Chief Justice, 21 May 2020 (Emergency Directives 9-16) (May 21, 2020) (Ex. NC-052)	In force from June 1, 2020 to Dec. 14, 2020 (issued May 21, 2020)	Courts and public officesWorkplace rules
Ex. NC-042	Governor Roy Cooper, Executive Order No. 144 (June 5, 2020) (Ex. NC-042)	In force from June 5, 2020 to Sept. 30, 2020	Health care orders

Agencies, boards and authorities: North Carolina

Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-052

NCDOT release, July 2, 2020: Ocracoke Express passenger ferry resumes July 3, 2020 after final approval of Senate Bill 750; passengers limited to 96 ('about half of what the vessel's certificate of occupancy allows'); face coverings strongly encouraged; groups six feet apart; no refreshments

Ocracoke Express Passenger Ferry Set to Resume Service Friday

North Carolina Department of Transportation, Ferry Division (with State health officials), North Carolina (Hatteras-Ocracoke passenger ferry) (State)

Dates: In force from July 3, 2020 to Sept. 10, 2020 (issued July 2, 2020)
Quarters: 2020 Q3
Limitations: Capacity limitTravel and quarantine
Functions reached: TV travel (50 percent capacity cap on the Outer Banks passenger ferry through Q3 2020); CB customer access (Ocracoke visitor volume halved by rule); SC (onboard concessions suspended)
Character: binding
Grade: Primary source read
Days in this quarter: 70

The Ferry Division is working with state health officials to develop procedures to protect Ocracoke Express passengers and crew during the COVID-19 pandemic. The Ferry Division will: Limit the number of passengers to 96, which is about half of what the vessel's certificate of occupancy allows. Strongly encourage passengers to wear face coverings. Encourage passenger groups to remain six feet apart from each other.... Due to COVID-19 concerns, no refreshments will be offered at this time

Enforcement: Operator capacity limit (boarding refused above 96); first-come, first-served ticketing

Citation: North Carolina Department of Transportation, Ferry Division (with State health officials), NCDOT release, July 2, 2020: Ocracoke Express passenger ferry resumes July 3, 2020 after final approval of Senate Bill 750; passengers limited to 96 ('about half of what the vessel's certificate of occupancy allows'); face coverings strongly encouraged; groups six feet apart; no refreshments (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-052) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-DMV-SOS-RECORDERS-043	General Assembly of North Carolina (ratified May 2, 2020); signed by Governor Roy Cooper May 4, 2020, Session Law 2020-3 (S.B. 704), COVID-19 Recovery Act (May 4, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-043)	In force from May 4, 2020 to Dec. 31, 2020	Courts and public officesOther

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

Federal layer

Ex. FED-031

CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

Ex. FED-339

Eighth Amended General Order 20-0012

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

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

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

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

Enforcement: court order

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

Ex. FED-303

Standing Order 20-17

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

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

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

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

Enforcement: court order

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

Ex. FED-266

OMB Memorandum M-20-18

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

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

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

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

Enforcement: OMB directive to contracting officers

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

Ex. FED-104

FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)

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

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

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

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

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

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

Ex. FED-147

FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)

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

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

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

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

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

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

Ex. FED-267

OMB Memorandum M-20-19

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

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

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

State of North Carolina

Ex. NC-023

Executive Order No. 181

Implementing a Modified Stay at Home Order and Requiring Night-Time Business Closures

Governor Roy Cooper, North Carolina (State)

Dates: In force from Dec. 11, 2020 to Jan. 8, 2021 (issued Dec. 8, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Stay-at-homeBusiness closureCapacity limitGathering capFace-covering requirementTravel and quarantineCurfew and hoursAlcohol and bars
Functions reached: CB customer base (night-time stay-home); DR dining hours; BA bar service (indoor closed; 9 p.m. cut-off); PE and FC venues 30%; GATH 10/50; TR night travel; OF offices (work from home recommended)
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

all North Carolinians are required to stay at home and travel only for work or to obtain essential goods or services during the hours of 10:00 PM and 5:00 AM each day... 3.17. Closure No Later than 10:00 PM. [Businesses covered by Section] 3 must close their premises to the public no later than 10:00 PM and may not reopen [before 5:00 AM] on the following morning, except for the facilities within Subsection 3.3 (child care facilities), Subsection 3.4 (children's overnight camps), Subsection 3.6 (government operations), Subsection 3.7 (health care settings), Subsection 3.15 (transportation), and Subsection 3.16 (workplaces in agriculture, construction, and manufacturing)... [establishments shall not sell or serve alcoholic beverages for onsite] consumption between 9:00 pm and 7:00 am

Enforcement: Sec. 12: Class 2 misdemeanor under 166A-19.30(d) and 14-288.20A

Citation: Governor Roy Cooper, Executive Order No. 181 (Dec. 8, 2020) (Ex. NC-023) Open the exhibit

Ex. NC-018

Executive Order No. 169

Easing Restrictions: Phase 3

Governor Roy Cooper, North Carolina (State)

Dates: In force from Oct. 2, 2020 to Oct. 23, 2020 (issued Sept. 30, 2020)
Quarters: 2020 Q4
Limitations: Business closureCapacity limitGathering capFace-covering requirementAlcohol and barsEvents and venues
Functions reached: BA bars outdoor only 30%/100; PE theaters 30%/100; MC conference centers 30%/100; SP large outdoor venues 7%; AM amusement parks 30% outdoor; GATH 25/50
Grade: Primary source read
Days in this quarter: 22

Face Coverings must be worn in any public place, business or establishment, indoor or [outdoor where distancing is not possible]... Bars must not serve alcoholic beverages for on-site consumption in any [indoor area]... Thirty percent (30%) of the facility's stated outdoor occupancy [or 100 guests]... Limit the number of Guests in the facility to thirty percent (30%) of stated fire capacity [movie theaters and conference centers]... Section 4. Restrictions on Late Night Service of Alcoholic Beverages. Any businesses or organizations that sell or serve alcoholic beverages for onsite consumption shall cease the sale and service of alcoholic beverages for onsite consumption [between 11:00 pm and 7:00 am]

Enforcement: Class 2 misdemeanor

Citation: Governor Roy Cooper, Executive Order No. 169 (Sept. 30, 2020) (Ex. NC-018) Open the exhibit

Ex. NC-019

Executive Order No. 170

Extension of Phase 3 Order

Governor Roy Cooper, North Carolina (State)

Dates: In force from Oct. 23, 2020 to Nov. 13, 2020 (issued Oct. 21, 2020)
Quarters: 2020 Q4
Limitations: Business closureCapacity limitGathering capFace-covering requirementAlcohol and bars
Functions reached: all Phase 3 functions
Grade: Primary source read
Days in this quarter: 22

Section 1. Extension of the Phase 3 Order... [Executive Order No. 169 remains in effect] through 5:00 pm on November 13, 2020.

Enforcement: as in EO 169

Citation: Governor Roy Cooper, Executive Order No. 170 (Oct. 21, 2020) (Ex. NC-019) Open the exhibit

Ex. NC-021

Executive Order No. 176

Extension of Phase 3 Order with Reduced Indoor Mass Gathering Limit

Governor Roy Cooper, North Carolina (State)

Dates: In force from Nov. 13, 2020 to Dec. 4, 2020 (issued Nov. 10, 2020)
Quarters: 2020 Q4
Limitations: Business closureCapacity limitGathering capFace-covering requirement
Functions reached: GATH events and meetings; WS worship (indoor gatherings 10 except as provided); MC meetings
Grade: Primary source read
Days in this quarter: 22

5.1. Prohibition. Mass Gatherings are prohibited. 'Mass Gathering' means an event or convening which brings together more than ten (10) people indoors or more than fifty (50) people outdoors

Enforcement: Class 2 misdemeanor

Citation: Governor Roy Cooper, Executive Order No. 176 (Nov. 10, 2020) (Ex. NC-021) Open the exhibit

Ex. NC-022

Executive Order No. 180

Additional Face Covering Requirements and Extension of Phase 3

Governor Roy Cooper, North Carolina (State)

Dates: In force from Nov. 25, 2020 to Dec. 11, 2020 (issued Nov. 23, 2020)
Quarters: 2020 Q4
Limitations: Capacity limitGathering capFace-covering requirementWorkplace rules
Functions reached: SF sales floor (enforcement); DR dining (masks except while eating or drinking); FC gyms (masks while exercising); OF offices; EMP workplace rules
Grade: Primary source read
Days in this quarter: 17

Face Coverings must be worn indoors if anyone else is in that space [who is not a member of the same household]... Face Coverings must be worn outdoors if it is not possible to [consistently be six feet apart]... If a person does not wear a Face Covering in a situation where a Face Covering is [required, the business must not allow entry or service]

Enforcement: Class 2 misdemeanor; large retail businesses required to post staff to enforce face coverings

Citation: Governor Roy Cooper, Executive Order No. 180 (Nov. 23, 2020) (Ex. NC-022) Open the exhibit

Ex. NC-020

Executive Order No. 171

Assisting North Carolinians at Risk of Eviction

Governor Roy Cooper, North Carolina (State)

Dates: In force from Oct. 30, 2020 to June 30, 2021 (issued Oct. 28, 2020)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Courts and public officesOther
Functions reached: PM property management; SV servicing and collections; CT courts
Grade: Primary source read
Days in this quarter: 63 (in force on the last day)

Section 1. Evictions Moratorium... [makes the CDC Temporary Halt in Residential Evictions enforceable as State law and requires landlords to provide the CDC Declaration form]... This Executive Order is effective October 30, 2020, at 5:00 pm... shall remain in effect until December 31, 2020

Enforcement: Enforceable as State law; Class 2 misdemeanor recited

Citation: Governor Roy Cooper, Executive Order No. 171 (Oct. 28, 2020) (Ex. NC-020) Open the exhibit

Ex. NC-054

Order of the Chief Justice, 14 December 2020 (Emergency Directives 1-5, 8-15, 18, 20-22)

Order Extending Emergency Directives 1-5, 8-15, 18, 20-22 (Emergency Directive 1 reinstated; jury trials paused)

Chief Justice Cheri Beasley, North Carolina (Court)

Dates: In force from Dec. 14, 2020 to May 7, 2021
Quarters: 2020 Q42021 Q1
Limitations: Face-covering requirementCourts and public offices
Functions reached: CT courts; CL closings; SV collections and summary ejectment; PJ litigation
Grade: Primary source read
Days in this quarter: 18 (in force on the last day)

I am reinstituting Emergency Directive 1, which orders a 30-day pause for most judicial proceedings... Emergency Directive 1. All superior court and district court proceedings, including proceedings before the clerks of superior court, must be scheduled or rescheduled for a date no sooner than 14 January 2021, unless [remote, due process, emergency relief...]... Emergency Directive 10. No jury trials shall be conducted in the superior or district court of any county for the next thirty (30) days, unless a jury has already been empaneled.

Enforcement: Order of the Chief Justice

Citation: Chief Justice Cheri Beasley, Order of the Chief Justice, 14 December 2020 (Emergency Directives 1-5, 8-15, 18, 20-22) (Dec. 14, 2020) (Ex. NC-054) Open the exhibit

Ex. NC-036

Executive Order No. 183

Authorizing Delivery and Carry-Out of Mixed Beverages; Curbside Pickup and Delivery of Health Care Goods and Services

Governor Roy Cooper, North Carolina (State)

Dates: In force from Dec. 21, 2020 to June 30, 2021
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Health care ordersAlcohol and bars
Functions reached: BA bar sales (to-go substitute); TO takeout and delivery
Grade: Primary source read
Days in this quarter: 11 (in force on the last day)

Section 1. Curbside Pickup and Delivery of Health Care Goods and Services... [Section 2 authorizes mixed beverages to-go as an alternative to on-site consumption]... This Executive Order is effective December 21, 2020, at 5:00 pm. This Executive Order shall remain in effect through January 31, 2021, at 5:00 pm.

Enforcement: ABC Commission permit conditions

Citation: Governor Roy Cooper, Executive Order No. 183 (Dec. 21, 2020) (Ex. NC-036) Open the exhibit

Ex. NC-037

Executive Order No. 184

Extension of Executive Order No. 171 (Evictions) and Unemployment Insurance Claims Provisions

Governor Roy Cooper, North Carolina (State)

Dates: In force from Dec. 31, 2020 to Jan. 31, 2021 (issued Dec. 30, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Other
Functions reached: PM property management; SV servicing
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

Section 1. Extension of Executive Order No. 171 - Assisting North Carolinians at Risk of [Eviction]... Executive Order No. 171, as amended by this Executive Order, shall remain in effect through and [including January 31, 2021]

Enforcement: as in EO 171

Citation: Governor Roy Cooper, Executive Order No. 184 (Dec. 30, 2020) (Ex. NC-037) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. NC-013	Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. NC-013)	In force from June 26, 2020 to July 17, 2020 (issued June 24, 2020)	Business closureCapacity limitGathering capFace-covering requirementWorkplace rules
Ex. NC-017	Governor Roy Cooper, Executive Order No. 163 (Aug. 31, 2020) (Ex. NC-017)	In force from Sept. 4, 2020 to Oct. 2, 2020 (issued Aug. 31, 2020)	Business closureCapacity limitGathering capFace-covering requirementAlcohol and bars
Ex. NC-001	Governor Roy Cooper, Executive Order No. 116 (Mar. 10, 2020) (Ex. NC-001)	In force from Mar. 10, 2020 to Aug. 15, 2022	Emergency declaration
Ex. NC-039	Governor Roy Cooper, Executive Order No. 119 (Mar. 20, 2020) (Ex. NC-039)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantineSchools and child careCourts and public officesSupply chain
Ex. NC-007	Governor Roy Cooper, Executive Order No. 130 (Apr. 8, 2020) (Ex. NC-007)	In force from Apr. 8, 2020 to Aug. 8, 2021	Schools and child careHealth care ordersWorkplace rules
Ex. NC-034	General Assembly of North Carolina, S.L. 2020-3, secs. 2.10, 2.11, 4.7 (May 4, 2020) (Ex. NC-034)	In force from May 4, 2020 to Dec. 31, 2020	Schools and child careCourts and public officesOther
Ex. NC-041	Governor Roy Cooper, Executive Order No. 139 (May 12, 2020) (Ex. NC-041)	In force from May 12, 2020 to Jan. 5, 2022	Schools and child careHealth care ordersWorkplace rules
Ex. NC-053	Chief Justice Cheri Beasley, Order of the Chief Justice, 16 July 2020 (Emergency Directives 21 and 22) (July 16, 2020) (Ex. NC-053)	In force from July 16, 2020 to May 14, 2021	Face-covering requirementCourts and public offices
Ex. NC-015	Governor Roy Cooper, Executive Order No. 153 (July 28, 2020) (Ex. NC-015)	In force from July 31, 2020 to Mar. 31, 2021 (issued July 28, 2020)	Curfew and hoursAlcohol and bars
Ex. NC-035	Governor Roy Cooper, Executive Order No. 162 (Aug. 31, 2020) (Ex. NC-035)	In force from Aug. 31, 2020 to Oct. 2, 2020	Curfew and hoursAlcohol and bars
Ex. NC-073	Secretary of Health and Human Services Mandy Cohen, NCDHHS Secretarial Orders on long-term care facility visitation and testing (including Secretarial Order No. 3, September 4, 2020) (Sept. 4, 2020) (Ex. NC-073)	In force from Sept. 4, 2020 to Sept. 30, 2021	Health care ordersVaccination or testingQuarantine and isolation

Agencies, boards and authorities: North Carolina

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-DMV-SOS-RECORDERS-043	General Assembly of North Carolina (ratified May 2, 2020); signed by Governor Roy Cooper May 4, 2020, Session Law 2020-3 (S.B. 704), COVID-19 Recovery Act (May 4, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-043)	In force from May 4, 2020 to Dec. 31, 2020	Courts and public officesOther

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

Federal layer

Ex. FED-060

Executive Order 13991

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

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

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

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

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

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

Ex. FED-270

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

Ex. FED-296

Tenth Amended General Order 20-0012

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

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

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

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

Enforcement: court order

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

Ex. FED-155

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

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

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

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

Enforcement: F-tag F563

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

Ex. FED-305

Standing Order 21-02

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

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

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

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

Enforcement: court order

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

Ex. FED-008

Memorandum of February 2, 2021

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

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

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

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

Enforcement: Funding directive

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

Ex. FED-071

Executive Order 13910

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-099

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

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

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

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

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

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

Ex. FED-115

FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)

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

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

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

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

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

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

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

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

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

State of North Carolina

Ex. NC-024

Executive Order No. 188

Extension of the Modified Stay at Home Order

Governor Roy Cooper, North Carolina (State)

Dates: In force from Jan. 8, 2021 to Jan. 29, 2021 (issued Jan. 6, 2021)
Quarters: 2021 Q1
Limitations: Stay-at-homeBusiness closureCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and bars
Functions reached: all EO 181 functions
Grade: Primary source read
Days in this quarter: 22

EXTENSION OF THE MODIFIED STAY AT HOME ORDER [Executive Order No. 181 extended through January 29, 2021]

Enforcement: as in EO 181

Citation: Governor Roy Cooper, Executive Order No. 188 (Jan. 6, 2021) (Ex. NC-024) Open the exhibit

Ex. NC-025

Executive Order No. 189

Further Extension of the Modified Stay at Home Order

Governor Roy Cooper, North Carolina (State)

Dates: In force from Jan. 29, 2021 to Feb. 28, 2021 (issued Jan. 27, 2021)
Quarters: 2021 Q1
Limitations: Stay-at-homeBusiness closureCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and bars
Functions reached: all EO 181 functions
Grade: Primary source read
Days in this quarter: 31

FURTHER EXTENSION OF THE MODIFIED STAY AT HOME ORDER [Executive Order No. 181 as extended remains in effect through February 28, 2021]

Enforcement: as in EO 181

Citation: Governor Roy Cooper, Executive Order No. 189 (Jan. 27, 2021) (Ex. NC-025) Open the exhibit

Ex. NC-026

Executive Order No. 195

Lifting the Modified Stay at Home Order and Easing Certain COVID-19 Restrictions

Governor Roy Cooper, North Carolina (State)

Dates: In force from Feb. 26, 2021 to Mar. 26, 2021 (issued Feb. 24, 2021)
Quarters: 2021 Q1
Limitations: Business closureCapacity limitGathering capFace-covering requirementAlcohol and bars
Functions reached: BA indoor bars 30%; FC gyms 50%; PE theaters 30%; DR dining 50%; GATH 25/50; CB customers (masks)
Grade: Primary source read
Days in this quarter: 29

the provisions of the Modified Stay at Home Order requiring night-time business closure, along with the provisions directing individuals to stay at home, may be lifted... it is reasonable to raise the indoor mass gathering limit to twenty-five (25) persons... The limit is fifty percent (50%) of fire capacity for fitness and physical activity facilities, [restaurants, retail, personal care, museums, pools]... The limit is thirty percent (30%) of fire capacity for bars, lounges, movie theaters and [indoor entertainment, sports arenas, amusement parks]... Most indoor facilities in the 30%-occupancy category have additional limits [of 250 guests]... [certain indoor facilities] fifteen percent (15%) of fire capacity... the cut-off time on the sale and service of alcoholic beverages for on-site consumption can safely be extended from 9:00 pm to 11:00 pm

Enforcement: Class 2 misdemeanor

Citation: Governor Roy Cooper, Executive Order No. 195 (Feb. 24, 2021) (Ex. NC-026) Open the exhibit

Ex. NC-027

Executive Order No. 204

Further Easing of COVID-19 Restrictions

Governor Roy Cooper, North Carolina (State)

Dates: In force from Mar. 26, 2021 to Apr. 30, 2021 (issued Mar. 23, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Capacity limitGathering capFace-covering requirement
Functions reached: DR dining 75%; BA bars 50%; PE theaters 50%; MC conference centers 50%; SF retail 100% with masks; GATH 50/100
Grade: Primary source read
Days in this quarter: 6 (in force on the last day)

it is reasonable to raise the indoor mass gathering limit to fifty (50) persons [and the outdoor limit to one hundred (100)]... The limit is one hundred percent (100%) of fire capacity for museums, personal care [businesses, retail]... The limit is seventy-five percent (75%) of fire capacity for the indoor spaces of restaurants, [breweries, wineries, gyms, pools, amusement parks]... The limit is fifty percent (50%) of fire capacity for the indoor areas of movie theaters and [bars, lounges, night spots, arenas, conference centers]... Face Coverings must be worn indoors if anyone else is in that space

Enforcement: Class 2 misdemeanor

Citation: Governor Roy Cooper, Executive Order No. 204 (Mar. 23, 2021) (Ex. NC-027) Open the exhibit

Ex. NC-064

Executive Order No. 193

Extending Certain Health and Human Services Provisions in Previous Executive Orders and Delegation of Authority (amending EO 130 and 139; dentists authorized to administer COVID-19 vaccines)

Governor Roy Cooper, North Carolina (State)

Dates: In force from Feb. 9, 2021 to May 10, 2021
Quarters: 2021 Q12021 Q2
Limitations: Health care orders
Functions reached: HC waivers; HR scope of practice (dentists as vaccinators)
Grade: Primary source read
Days in this quarter: 51 (in force on the last day)

Section 1. Extension, Generally [of the provisions of Executive Order Nos. 130 and 139 previously extended by Executive Order Nos. 144, 148, 152, 165 and 177]... This Executive Order is effective immediately.

Enforcement: Delegations to the Secretary

Citation: Governor Roy Cooper, Executive Order No. 193 (Feb. 9, 2021) (Ex. NC-064) Open the exhibit

Ex. NC-033

S.L. 2021-4

An Act to Provide Access to In-Person Learning for Students in North Carolina

General Assembly of North Carolina, North Carolina (State)

Dates: In force from Mar. 11, 2021 to Sept. 15, 2021
Quarters: 2021 Q12021 Q2
Limitations: Schools and child care
Functions reached: IN in-person instruction; RL remote learning option; WF workforce (parents)
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

SECTION 1. All local school administrative units shall provide in-person instruction to students in grades kindergarten through 12... for the remainder of the scheduled 2020-2021 school year, beginning no later than the first instructional day scheduled in the adopted school calendar that occurs 21 days following the effective date of this act. SECTION 2... Local boards of education shall provide in-person instruction under either Plan A (Minimal Social Distancing), Plan B (Six Feet Social Distancing)... except that a local board shall provide the option to participate in Plan A instruction, at the discretion of the student's parent [for students with IEPs]... SECTION 6. This act is effective when it becomes law.

Enforcement: Statutory mandate; Plans A and B as defined in the StrongSchoolsNC Toolkit as of March 4, 2021

Citation: General Assembly of North Carolina, S.L. 2021-4 (Mar. 11, 2021) (Ex. NC-033) Open the exhibit

Ex. NC-038

Executive Order No. 206

Extension of, and Updates to, Executive Order No. 171 (Evictions Moratorium)

Governor Roy Cooper, North Carolina (State)

Dates: In force from Mar. 31, 2021 to June 30, 2021 (issued Mar. 30, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Other
Functions reached: PM property management; SV servicing and collections
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

Section 1. Extension of, and Updates to, Executive Order No. 171. A. Executive Order No. 171, as amended herein, shall remain in effect through and including [June 30, 2021]

Enforcement: as in EO 171

Citation: Governor Roy Cooper, Executive Order No. 206 (Mar. 30, 2021) (Ex. NC-038) Open the exhibit

Continuing in force from an earlier quarter of this report (13 instruments):

Exhibit	Citation	Dates	Limitations
Ex. NC-023	Governor Roy Cooper, Executive Order No. 181 (Dec. 8, 2020) (Ex. NC-023)	In force from Dec. 11, 2020 to Jan. 8, 2021 (issued Dec. 8, 2020)	Stay-at-homeBusiness closureCapacity limitGathering capFace-covering requirementTravel and quarantineCurfew and hoursAlcohol and bars
Ex. NC-013	Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. NC-013)	In force from June 26, 2020 to July 17, 2020 (issued June 24, 2020)	Business closureCapacity limitGathering capFace-covering requirementWorkplace rules
Ex. NC-001	Governor Roy Cooper, Executive Order No. 116 (Mar. 10, 2020) (Ex. NC-001)	In force from Mar. 10, 2020 to Aug. 15, 2022	Emergency declaration
Ex. NC-039	Governor Roy Cooper, Executive Order No. 119 (Mar. 20, 2020) (Ex. NC-039)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantineSchools and child careCourts and public officesSupply chain
Ex. NC-007	Governor Roy Cooper, Executive Order No. 130 (Apr. 8, 2020) (Ex. NC-007)	In force from Apr. 8, 2020 to Aug. 8, 2021	Schools and child careHealth care ordersWorkplace rules
Ex. NC-041	Governor Roy Cooper, Executive Order No. 139 (May 12, 2020) (Ex. NC-041)	In force from May 12, 2020 to Jan. 5, 2022	Schools and child careHealth care ordersWorkplace rules
Ex. NC-053	Chief Justice Cheri Beasley, Order of the Chief Justice, 16 July 2020 (Emergency Directives 21 and 22) (July 16, 2020) (Ex. NC-053)	In force from July 16, 2020 to May 14, 2021	Face-covering requirementCourts and public offices
Ex. NC-015	Governor Roy Cooper, Executive Order No. 153 (July 28, 2020) (Ex. NC-015)	In force from July 31, 2020 to Mar. 31, 2021 (issued July 28, 2020)	Curfew and hoursAlcohol and bars
Ex. NC-073	Secretary of Health and Human Services Mandy Cohen, NCDHHS Secretarial Orders on long-term care facility visitation and testing (including Secretarial Order No. 3, September 4, 2020) (Sept. 4, 2020) (Ex. NC-073)	In force from Sept. 4, 2020 to Sept. 30, 2021	Health care ordersVaccination or testingQuarantine and isolation
Ex. NC-020	Governor Roy Cooper, Executive Order No. 171 (Oct. 28, 2020) (Ex. NC-020)	In force from Oct. 30, 2020 to June 30, 2021 (issued Oct. 28, 2020)	Courts and public officesOther
Ex. NC-054	Chief Justice Cheri Beasley, Order of the Chief Justice, 14 December 2020 (Emergency Directives 1-5, 8-15, 18, 20-22) (Dec. 14, 2020) (Ex. NC-054)	In force from Dec. 14, 2020 to May 7, 2021	Face-covering requirementCourts and public offices
Ex. NC-036	Governor Roy Cooper, Executive Order No. 183 (Dec. 21, 2020) (Ex. NC-036)	In force from Dec. 21, 2020 to June 30, 2021	Health care ordersAlcohol and bars
Ex. NC-037	Governor Roy Cooper, Executive Order No. 184 (Dec. 30, 2020) (Ex. NC-037)	In force from Dec. 31, 2020 to Jan. 31, 2021 (issued Dec. 30, 2020)	Other

Agencies, boards and authorities: North Carolina

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

End of general restrictions, State of North Carolina: Executive Order No. 215 (Ex. NC-029), re-issued by Executive Order No. 220 (Ex. NC-030) (2021-05-14 13:30 (EO 215); remaining EO 220 face covering settings expired 2021-07-30 17:00). What remained: State of Emergency (EO 116) to Aug. 15, 2022; face coverings in K-12 schools (StrongSchoolsNC Toolkit), health care settings (CDC infection control), public and private transportation, airports and stations, correctional facilities and homeless shelters, and child care under NCDHHS guidelines, through July 30, 2021 (EO 215 secs. 2-3; EO 220); DHHS waiver and Secretarial Order chain (EO 130/139 as extended by EO 211 to Aug. 8, 2021 and EO 236 to Jan. 5, 2022); transportation waivers (EO 217, EO 230); from July 29, 2021 EO 224 (standing orders; Cabinet-agency face coverings Aug. 2; vaccination or weekly testing Sept. 1) as extended by EO 229 and EO 238; S.L. 2021-130 sec. 10 school face covering policies from Aug. 30, 2021.

Preemption of local orders, State of North Carolina: None. EO 121 sec. 4(A): 'nothing herein is intended to limit or prohibit counties and cities in North Carolina from enacting ordinances and issuing state of emergency declarations which impose greater restrictions or prohibitions to the extent authorized under North Carolina law'; repeated in EO 215 sec. 5.3(a) and EO 224 sec. 2.4(a). Local orders could not restrict State or federal government operations (EO 121 sec. 4(B); EO 215 sec. 5.3(b); EO 224 sec. 2.4(b)). EO 153 sec. 3(B): local governments 'cannot set more permissive policies concerning the sale of alcoholic beverages.' G.S. 166A-19.30(c)(1) lets the Governor amend or rescind local prohibitions; no order did. S.L. 2021-130 sec. 10 (Aug. 30, 2021) required school boards to adopt a face covering policy and vote monthly; it did not bar local mask orders. No statute barred county or city mask orders 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):

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

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

State of North Carolina

Ex. NC-028

Executive Order No. 209

Easing Statewide Restrictions

Governor Roy Cooper, North Carolina (State)

Dates: In force from Apr. 30, 2021 to June 1, 2021 (issued Apr. 28, 2021)
Quarters: 2021 Q2
Limitations: Capacity limitGathering capFace-covering requirement
Functions reached: GATH 100/200; CB customers (indoor masks); DR dining 75%; BA bars 50%; PE theaters 50%
Grade: Primary source read
Days in this quarter: 33

5.1. Prohibition. Mass Gatherings are prohibited. 'Mass Gathering' means an event or convening... [that] brings together more than one hundred (100) people indoors or more than two hundred (200) people outdoors at the same time in a single [space]... [in listed indoor] establishments and spaces, Face Coverings must be worn indoors if anyone else is in [that space]... Face Coverings are recommended, but not required [outdoors]

Enforcement: Class 2 misdemeanor

Citation: Governor Roy Cooper, Executive Order No. 209 (Apr. 28, 2021) (Ex. NC-028) Open the exhibit

Ex. NC-065

Executive Order No. 211

Extending Certain Health and Human Services Provisions in Previous Executive Orders and Delegations of Authority

Governor Roy Cooper, North Carolina (State)

Dates: In force from May 10, 2021 to Aug. 8, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care orders
Functions reached: HC waivers; VS visitation (Secretarial Orders); HR credentialing
Grade: Primary source read
Days in this quarter: 52 (in force on the last day)

[the provisions of Executive Order Nos. 130 and 139 previously extended by] Executive Order Nos. 144, 148, 152, 165, 177 and 193 [are extended]... This Executive Order is effective immediately. Except as set forth expressly above, this Executive Order shall remain in effect until August 8, 2021, unless rescinded or replaced with a superseding [Executive Order]

Enforcement: Delegations to the Secretary

Citation: Governor Roy Cooper, Executive Order No. 211 (May 10, 2021) (Ex. NC-065) Open the exhibit

Ex. NC-029

Executive Order No. 215

Lifting Certain COVID-19 Restrictions and Continuing Face Covering Requirements in Certain Settings

Governor Roy Cooper, North Carolina (State)

Dates: In force from May 14, 2021 to June 11, 2021
Quarters: 2021 Q2
Limitations: Face-covering requirementTravel and quarantineSchools and child careHealth care ordersWorkplace rules
Functions reached: IN in-person instruction (masks); EC child care; IC infection control in health care; TR transportation; WF workforce commuting by transit
Grade: Primary source read
Days in this quarter: 29

In public school units... and non-public schools... the StrongSchoolsNC Public Health Toolkit (K-12) ('Toolkit') sets any Face Covering requirements. As of the date of this Executive Order, the Toolkit currently requires Face Coverings indoors... Otherwise, the Face Covering requirements in Executive Order No. 209 are rescinded... Operators of child care facilities must follow all applicable NCDHHS guidelines... All residents, workers, and visitors in health care settings... must follow the requirements in the CDC Healthcare Infection and Prevention Control Recommendations in Response to COVID-19 Vaccination... All workers and riders on public or private transportation regulated by the State of North Carolina, as well as all people in North Carolina airports, bus and train stations or stops, must wear Face Coverings indoors at all times... All persons indoors on-premises at state and…

Enforcement: Sec. 10: Class 2 misdemeanor under 166A-19.30(d) and 14-288.20A; 'Local governments are specifically authorized and encouraged to adopt [ordinances with civil penalties]'

Citation: Governor Roy Cooper, Executive Order No. 215 (May 14, 2021) (Ex. NC-029) Open the exhibit

Ex. NC-055

Modification of the 10 May 2021 Order of the Chief Justice (14 May 2021)

Modification eliminating Emergency Directive 21 (face coverings)

Chief Justice Paul Newby, North Carolina (Court)

Dates: In force from May 14, 2021 to June 6, 2021
Quarters: 2021 Q2
Limitations: Courts and public offices
Functions reached: CT courts
Grade: Primary source read
Days in this quarter: 24

This modification eliminates Emergency Directive 21 that pertains to face [coverings]... [the remaining directives in the 10 May 2021] order will remain in place until they expire on 6 June 2021. Local court officials are [authorized to set local requirements].

Enforcement: Order of the Chief Justice

Citation: Chief Justice Paul Newby, Modification of the 10 May 2021 Order of the Chief Justice (14 May 2021) (May 14, 2021) (Ex. NC-055) Open the exhibit

Ex. NC-056

Order of the Chief Justice, 4 June 2021 (effective 7 June 2021)

Order Extending Emergency Directives (Emergency Directives 3 and 5 and related tools)

Chief Justice Paul Newby, North Carolina (Court)

Dates: In force from June 7, 2021 to July 4, 2021 (issued June 4, 2021)
Quarters: 2021 Q2
Limitations: Courts and public offices
Functions reached: CT courts (remote proceedings)
Grade: Primary source read
Days in this quarter: 24 (in force on the last day)

I determine and declare under N.C.G.S. 7A-39(b)(2) that catastrophic conditions resulting from the COVID-19 outbreak have existed and continue to exist in all counties of this State... I hereby extend for an additional thirty-day period only those emergency directives that provide the necessary tools to effectively dispose of those accumulated cases... Emergency Directive 3. Judicial officials throughout the state are hereby authorized to conduct proceedings that include remote audio and video transmissions... the emergency directives contained in this order expire on 4 July 2021.

Enforcement: Order of the Chief Justice

Citation: Chief Justice Paul Newby, Order of the Chief Justice, 4 June 2021 (effective 7 June 2021) (June 4, 2021) (Ex. NC-056) Open the exhibit

Ex. NC-030

Executive Order No. 220

Extension of Executive Order No. 215 (face covering requirements in certain settings)

Governor Roy Cooper, North Carolina (State)

Dates: In force from June 11, 2021 to July 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantineSchools and child careHealth care ordersWorkplace rules
Functions reached: IN in-person instruction; EC child care; IC health care infection control; TR transportation; WF workforce
Grade: Primary source read
Days in this quarter: 20 (in force on the last day)

[In public school units and non-public schools] covered by Article 39 of Chapter 115C of the General Statutes, Face Coverings must be worn [as the Toolkit requires]... In addition, Face Coverings are also required in the settings listed in Section 3... [transportation:] must wear Face Coverings indoors at all times, unless an exception applies... This Executive Order is effective June 11, 2021, at 5:00 pm. This Executive Order shall remain in effect through July 30, 2021, at 5:00 pm

Enforcement: Class 2 misdemeanor under 166A-19.30(d) and 14-288.20A

Citation: Governor Roy Cooper, Executive Order No. 220 (June 11, 2021) (Ex. NC-030) Open the exhibit

Ex. NC-071

S.L. 2021-47 (G.S. 7A-49.6)

An Act to Make Various Changes and Technical Corrections to the Laws Governing the Administration of Justice (proceedings by audio and video transmission)

General Assembly of North Carolina, North Carolina (State)

Dates: In force from June 18, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT courts (remote proceedings)
Grade: Primary source read
Days in this quarter: 13 (in force on the last day)

7A-49.6. Proceedings conducted by audio and video transmission. [Courts may conduct] proceedings of all types using an audio and video transmission in which the parties, the presiding [official and other participants can see and hear each other]... (d) A party may object to conducting a civil proceeding by audio and video transmission.

Enforcement: Statute

Citation: General Assembly of North Carolina, S.L. 2021-47 (G.S. 7A-49.6) (June 18, 2021) (Ex. NC-071) Open the exhibit

Ex. NC-057

21 June 2021 Revocation of the 7 June 2021 Order of the Chief Justice

Revocation of the 7 June 2021 Order (no more Emergency Directives)

Chief Justice Paul Newby, North Carolina (Court)

Dates: In force from June 21, 2021 to June 30, 2021
Quarters: 2021 Q2
Limitations: Courts and public offices
Functions reached: CT courts
Grade: Primary source read
Days in this quarter: 10 (in force on the last day)

Last Friday, Governor Cooper signed into law Senate Bill 255 that codified those essential tools for future use. These legislative changes render the 7 June 2021 order unnecessary. Effective immediately, I hereby rescind my 7 June 2021 order. No more Emergency Directives remain in place.

Enforcement: Order of the Chief Justice

Citation: Chief Justice Paul Newby, 21 June 2021 Revocation of the 7 June 2021 Order of the Chief Justice (June 21, 2021) (Ex. NC-057) Open the exhibit

Continuing in force from an earlier quarter of this report (13 instruments):

Exhibit	Citation	Dates	Limitations
Ex. NC-013	Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. NC-013)	In force from June 26, 2020 to July 17, 2020 (issued June 24, 2020)	Business closureCapacity limitGathering capFace-covering requirementWorkplace rules
Ex. NC-027	Governor Roy Cooper, Executive Order No. 204 (Mar. 23, 2021) (Ex. NC-027)	In force from Mar. 26, 2021 to Apr. 30, 2021 (issued Mar. 23, 2021)	Capacity limitGathering capFace-covering requirement
Ex. NC-001	Governor Roy Cooper, Executive Order No. 116 (Mar. 10, 2020) (Ex. NC-001)	In force from Mar. 10, 2020 to Aug. 15, 2022	Emergency declaration
Ex. NC-039	Governor Roy Cooper, Executive Order No. 119 (Mar. 20, 2020) (Ex. NC-039)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantineSchools and child careCourts and public officesSupply chain
Ex. NC-007	Governor Roy Cooper, Executive Order No. 130 (Apr. 8, 2020) (Ex. NC-007)	In force from Apr. 8, 2020 to Aug. 8, 2021	Schools and child careHealth care ordersWorkplace rules
Ex. NC-041	Governor Roy Cooper, Executive Order No. 139 (May 12, 2020) (Ex. NC-041)	In force from May 12, 2020 to Jan. 5, 2022	Schools and child careHealth care ordersWorkplace rules
Ex. NC-053	Chief Justice Cheri Beasley, Order of the Chief Justice, 16 July 2020 (Emergency Directives 21 and 22) (July 16, 2020) (Ex. NC-053)	In force from July 16, 2020 to May 14, 2021	Face-covering requirementCourts and public offices
Ex. NC-073	Secretary of Health and Human Services Mandy Cohen, NCDHHS Secretarial Orders on long-term care facility visitation and testing (including Secretarial Order No. 3, September 4, 2020) (Sept. 4, 2020) (Ex. NC-073)	In force from Sept. 4, 2020 to Sept. 30, 2021	Health care ordersVaccination or testingQuarantine and isolation
Ex. NC-020	Governor Roy Cooper, Executive Order No. 171 (Oct. 28, 2020) (Ex. NC-020)	In force from Oct. 30, 2020 to June 30, 2021 (issued Oct. 28, 2020)	Courts and public officesOther
Ex. NC-036	Governor Roy Cooper, Executive Order No. 183 (Dec. 21, 2020) (Ex. NC-036)	In force from Dec. 21, 2020 to June 30, 2021	Health care ordersAlcohol and bars
Ex. NC-064	Governor Roy Cooper, Executive Order No. 193 (Feb. 9, 2021) (Ex. NC-064)	In force from Feb. 9, 2021 to May 10, 2021	Health care orders
Ex. NC-033	General Assembly of North Carolina, S.L. 2021-4 (Mar. 11, 2021) (Ex. NC-033)	In force from Mar. 11, 2021 to Sept. 15, 2021	Schools and child care
Ex. NC-038	Governor Roy Cooper, Executive Order No. 206 (Mar. 30, 2021) (Ex. NC-038)	In force from Mar. 31, 2021 to June 30, 2021 (issued Mar. 30, 2021)	Other

Agencies, boards and authorities: North Carolina

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

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

Federal layer

Ex. FED-272

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

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

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

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

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

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

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

Ex. FED-307

Updated Amended Standing Order 21-04

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

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

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

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

Enforcement: court order

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

Ex. FED-130

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

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

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

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

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

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

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

Ex. FED-133

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

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

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

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

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

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

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

Ex. FED-143

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

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

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

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

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

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

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

Ex. FED-113

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

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

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

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

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

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

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

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

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

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

State of North Carolina

Ex. NC-031

Executive Order No. 224

Implementing Measures to Address COVID-19 and Related Variants

Governor Roy Cooper, North Carolina (State)

Dates: In force from July 29, 2021 to Aug. 31, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careHealth care ordersWorkplace rulesVaccination or testing
Functions reached: WF workforce (vaccination status; testing; masks); HR screening and onboarding; OF State offices; HC testing and vaccination standing orders; IN schools (universal masking recommended)
Grade: Primary source read
Days in this quarter: 34

4.1. Vaccination or Testing Required for Unvaccinated Workers at Cabinet Agencies... The OSHR policy shall be effective September 1, 2021... a. All workers must either: 1. Provide proof that they are Fully Vaccinated; or 2. Be tested at least once a week for COVID-19... 4.2. Face Covering Requirements at Cabinet Agencies. Effective Monday, August 2, 2021: a. If they are not Fully Vaccinated, workers must wear Face Coverings in any indoor space, within a state government office, building, or facility, that is... controlled by an agency that is either part of the Governor's Office or is headed by a member of the Governor's Cabinet... 2.4(a)... nothing herein... is intended to limit or prohibit counties and cities in North Carolina from enacting ordinances and issuing state of emergency declarations which impose greater restrictions or prohibitions

Enforcement: Sec. 8: enforced by State and local law enforcement under 166A-19.30(a)(2); 'A violation of this Executive Order may be subject to prosecution pursuant to N.C. Gen. Stat. [166A-19.30(d)]... Class 2 misdemeanor'

Citation: Governor Roy Cooper, Executive Order No. 224 (July 29, 2021) (Ex. NC-031) Open the exhibit

Ex. NC-072

StrongSchoolsNC Public Health Toolkit (K-12), Interim Guidance, published June 2020, updated July 21 and August 10, 2021

StrongSchoolsNC: Public Health Toolkit (K-12) Interim Guidance

North Carolina Department of Health and Human Services, North Carolina (Sector regulator)

Dates: In force from July 30, 2021 to Sept. 30, 2021 (issued Aug. 10, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careQuarantine and isolation
Functions reached: IN in-person instruction; RL remote learning on quarantine; WF workforce (staff and parents); AC athletics and activities
Grade: Primary source read
Days in this quarter: 63 (in force on the last day)

The StrongSchoolsNC Public Health Toolkit was updated on July 21 to align to the CDC Guidance for COVID-19 Prevention in K-12 Schools updated on July 9, 2021. To allow for operational transition time, [the requirements took effect July 30, 2021]... Added modified quarantine guidance for students after a close contact in which both people were wearing masks... Recommend that everyone wear a face covering outdoors [where distancing cannot be maintained]

Enforcement: Binding through EO 215/220 until July 30, 2021 (Class 2 misdemeanor); thereafter through local board policies and S.L. 2021-130 sec. 3 reporting of shifts to remote instruction due to exposures and quarantines

Citation: North Carolina Department of Health and Human Services, StrongSchoolsNC Public Health Toolkit (K-12), Interim Guidance, published June 2020, updated July 21 and August 10, 2021 (Aug. 10, 2021) (Ex. NC-072) Open the exhibit

Ex. NC-032

S.L. 2021-130, sec. 10

An Act to Make Various Changes to Education Laws (Part X, Local Face Covering Policies)

General Assembly of North Carolina, North Carolina (State)

Dates: In force from Aug. 30, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN in-person instruction; WF workforce (school staff; parents); AD admissions and enrollment
Grade: Primary source read
Days in this quarter: 32 (in force on the last day)

SECTION 10. For the 2021-2022 school year, all public school units shall adopt a policy regarding the use of face coverings by employees and students. The governing body of the public school unit shall vote at least once a month on whether the face covering policy should be modified.

Enforcement: Statutory mandate on governing bodies

Citation: General Assembly of North Carolina, S.L. 2021-130, sec. 10 (Aug. 30, 2021) (Ex. NC-032) Open the exhibit

Ex. NC-058

Executive Order No. 229

Extending Measures to Facilitate Vaccine Administration, COVID-19 Testing, and the Vaccine Verification Policy for Cabinet Agencies

Governor Roy Cooper, North Carolina (State)

Dates: In force from Aug. 31, 2021 to Nov. 29, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesVaccination or testing
Functions reached: WF workforce (vaccination or testing); OF State offices; HC standing orders
Grade: Primary source read
Days in this quarter: 31 (in force on the last day)

Section 1. Extension of Certain Provisions of Executive Order No. 224... Section 2. Continuation of Policies Established under Executive Order No. 224... Throughout the effective period of this Executive Order, Cabinet agencies are directed to [continue to implement the OSHR vaccine verification policy, which] updated on August 27, 2021, takes effect on September 1, 2021... This Executive Order is effective August 31, 2021 at 5:00 p.m. This Executive Order shall remain in effect for an additional ninety (90) days

Enforcement: as in EO 224 sec. 8

Citation: Governor Roy Cooper, Executive Order No. 229 (Aug. 31, 2021) (Ex. NC-058) Open the exhibit

Ex. NC-066

Executive Order No. 230

Extending Transportation-Related Provisions in Previous Executive Orders

Governor Roy Cooper, North Carolina (State)

Dates: In force from Aug. 31, 2021 to Nov. 29, 2021
Quarters: 2021 Q3
Limitations: Travel and quarantineSupply chain
Functions reached: DR drivers and routes; SC supply chain
Grade: Primary source read
Days in this quarter: 31 (in force on the last day)

Section 1. Extensions [of the hours-of-service and size-and-weight waivers of Executive Order No. 119 as previously extended]... This Executive Order is effective immediately.

Enforcement: State Highway Patrol

Citation: Governor Roy Cooper, Executive Order No. 230 (Aug. 31, 2021) (Ex. NC-066) Open the exhibit

Ex. NC-059

Executive Order No. 232

Directing the Issuance of a Statewide Standing Order to Expand Access to Monoclonal Antibody Treatment for COVID-19

Governor Roy Cooper, North Carolina (State)

Dates: In force from Sept. 2, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care orders
Functions reached: HC treatment protocols; PR clinical procedures
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

Section 1. Statewide Standing Order for Use of Monoclonal Antibodies for Treatment and [Post-Exposure Prophylaxis of COVID-19]... This Executive Order is effective immediately and shall remain in effect until November [2021]

Enforcement: Standing order of the State Health Director

Citation: Governor Roy Cooper, Executive Order No. 232 (Sept. 2, 2021) (Ex. NC-059) Open the exhibit

Ex. NC-060

Executive Order No. 234

Providing Flexibility in Certain Health Assessments and Immunization Requirements Due to Impacts of the Pandemic

Governor Roy Cooper, North Carolina (State)

Dates: In force from Sept. 24, 2021 to Nov. 1, 2021
Quarters: 2021 Q3
Limitations: Schools and child care
Functions reached: AD admissions and enrollment; EC child care; WF workforce (parents)
Grade: Primary source read
Days in this quarter: 7 (in force on the last day)

[Days in this period shall not] count towards the thirty (30) calendar day grace period for submission of a [health assessment or immunization record]... will be reinstated on November 1, 2021, with a grace period until November 30, 2021 or thirty (30) calendar days from the child's first day of attendance, whichever [is later]

Enforcement: Waiver of statutory deadlines

Citation: Governor Roy Cooper, Executive Order No. 234 (Sept. 24, 2021) (Ex. NC-060) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. NC-001	Governor Roy Cooper, Executive Order No. 116 (Mar. 10, 2020) (Ex. NC-001)	In force from Mar. 10, 2020 to Aug. 15, 2022	Emergency declaration
Ex. NC-039	Governor Roy Cooper, Executive Order No. 119 (Mar. 20, 2020) (Ex. NC-039)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantineSchools and child careCourts and public officesSupply chain
Ex. NC-007	Governor Roy Cooper, Executive Order No. 130 (Apr. 8, 2020) (Ex. NC-007)	In force from Apr. 8, 2020 to Aug. 8, 2021	Schools and child careHealth care ordersWorkplace rules
Ex. NC-041	Governor Roy Cooper, Executive Order No. 139 (May 12, 2020) (Ex. NC-041)	In force from May 12, 2020 to Jan. 5, 2022	Schools and child careHealth care ordersWorkplace rules
Ex. NC-073	Secretary of Health and Human Services Mandy Cohen, NCDHHS Secretarial Orders on long-term care facility visitation and testing (including Secretarial Order No. 3, September 4, 2020) (Sept. 4, 2020) (Ex. NC-073)	In force from Sept. 4, 2020 to Sept. 30, 2021	Health care ordersVaccination or testingQuarantine and isolation
Ex. NC-065	Governor Roy Cooper, Executive Order No. 211 (May 10, 2021) (Ex. NC-065)	In force from May 10, 2021 to Aug. 8, 2021	Health care orders
Ex. NC-030	Governor Roy Cooper, Executive Order No. 220 (June 11, 2021) (Ex. NC-030)	In force from June 11, 2021 to July 30, 2021	Face-covering requirementTravel and quarantineSchools and child careHealth care ordersWorkplace rules
Ex. NC-071	General Assembly of North Carolina, S.L. 2021-47 (G.S. 7A-49.6) (June 18, 2021) (Ex. NC-071)	In force from June 18, 2021 to Sept. 30, 2021	Courts and public offices

Agencies, boards and authorities: North Carolina

Ex. AGY-ST-LABOR-WORKPLACE-081

DES press release, 'North Carolina Reinstates Certain Unemployment Benefits Requirements' (Sept. 2, 2021)

Executive Order No. 231 reinstates the waiting week and employer charging for weeks beginning after Sept. 4, 2021

North Carolina Division of Employment Security, North Carolina; Division of Employment Security, Department of Commerce (statewide) (Sector regulator)

Dates: In force from Sept. 4, 2021 to Sept. 30, 2021 (issued Sept. 2, 2021)
Quarters: 2021 Q3
Limitations: Other
Functions reached: WF (the State's unemployment-benefit waivers of March 2020 ran into 2021 Q3); HR (employer account charging resumed Sept. 2021)
Grade: Primary source read
Days in this quarter: 27 (in force on the last day)

Waiting week and employer charging to resume after Sept. 4, 2021... Executive Order No. 231 reinstates the waiting period for unemployment benefits under state law and directs the [Division to resume charging employers' accounts]... For weeks beginning after Sept 4, state unemployment benefits will [be subject to the one-week waiting period].

Enforcement: N.C. Gen. Stat. ch. 96

Citation: North Carolina Division of Employment Security, DES press release, 'North Carolina Reinstates Certain Unemployment Benefits Requirements' (Sept. 2, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-081) Open the exhibit

Third quarter of 2021: the instruments in force, State of North Carolina

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):

NC-001
NC-030 (to 2021-07-30 17:00)
NC-065 (to 2021-08-08; chain to NC-061)
EO 217 and NC-066 (transportation waivers)
NC-031 (from 2021-07-29; sec. 4.2 from 2021-08-02; sec. 4.1 from 2021-09-01)
NC-058
NC-059
NC-060
NC-032 (from 2021-08-30)
NC-072 (Toolkit quarantine and close-contact rules, 2021-22 year)
NC-073 (DHHS Secretarial Orders under the EO 211 chain; secondary)
federal layer: CDC conveyance mask order, TSA directives, OSHA Healthcare ETS

5. Standing duties in North Carolina

North Carolina bound its employers through four standing layers of law that predate March 2020 and ran through every claimable quarter, and the emergency orders themselves wrote the protocols in as conditions of operating. First, the communicable-disease law. G.S. 130A-144(f) commands that 'All persons shall comply with control measures... prescribed by the Commission,' and G.S. 130A-2(7) defines 'person' to include a corporation, company, association or partnership (Exs. DUT-NC-001, DUT-NC-002). The Commission for Public Health's rule 10A NCAC 41A.0201(a) makes the American Public Health Association's control measures 'the required control measures' and provides that 'Guidelines and recommended actions published by the Centers for Disease Control and Prevention shall supercede' them 'and are likewise incorporated by reference, including subsequent amendments and editions' (Ex. DUT-NC-007); for an outbreak designated by the State Health Director, the control measures 'shall be those which can reasonably be expected to decrease the risk of transmission' and, for airborne disease, 'shall require physical isolation for the duration of infectivity' (41A.0201(b)). Novel coronavirus infection became immediately reportable by emergency rule effective February 17, 2020 (Ex. DUT-NC-008), which engaged the local health director's duty to investigate and to give control measures (G.S. 130A-144(a), (e); G.S. 130A-41(b)(3), (4), (11), Ex. DUT-NC-010), the State and local quarantine and isolation authority of G.S. 130A-145, and the abatement powers of G.S. 130A-19 and 130A-20 over 'the owner, lessee, operator, or other person in control of the property.' Violation of the Chapter or the Commission's rules is a misdemeanor (G.S. 130A-25(a)), with a special sentence of up to two years for violating G.S. 130A-144(f) or 130A-145 (G.S. 130A-25(b)), and injunction lies under G.S. 130A-18. Second, the Emergency Management Act. G.S. 166A-19.30(c)(1) let the Governor 'impose by declaration prohibitions and restrictions' of the types listed in G.S. 166A-19.31(b), which include restrictions 'Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate' (Exs. DUT-NC-003, DUT-NC-012), and 'Any person who violates any provision of a declaration or executive order issued pursuant to this section shall be guilty of a Class 2 misdemeanor in accordance with G.S. 14-288.20A' (G.S. 166A-19.30(d); G.S. 14-288.20A(2), Ex. DUT-NC-004). Every order in the library recites that penalty (e.g., Exs. NC-005 § 6, NC-010 § 13, NC-011 § 15, NC-029 § 10, NC-031 § 8). The Supreme Court of North Carolina has described the Act as granting the Governor 'the ability to impose significant restrictions or prohibitions on otherwise permissible activity during states of emergency' and to restrict the operation of business establishments (Ex. DUT-NC-019), and the Ace Speedway litigation shows the machinery in use: an imminent-hazard abatement order under G.S. 130A-20 closing a business that hosted gatherings above the EO 141 limit, a June 11, 2020 temporary restraining order and a July 10, 2020 preliminary injunction enforcing it (Exs. DUT-NC-017, DUT-NC-018). Third, the workplace duty. North Carolina runs its own OSHA plan; G.S. 95-129(1) requires each employer to furnish 'a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or serious physical harm to his employees,' and G.S. 95-129(2) requires compliance with every adopted standard (Ex. DUT-NC-005); 13 NCAC 07F.0101 incorporates 29 C.F.R. Part 1910 by reference and was 'Amended Eff. July 21, 2021 as an emergency temporary standard' to adopt the federal COVID-19 Healthcare ETS verbatim, repealed effective March 4, 2022 (Exs. DUT-NC-009, DUT-NC-016). The Department of Labor identified the general duty clause and the PPE, respiratory-protection, sanitation, bloodborne-pathogen and hazard-communication standards as the standards applicable to occupational exposure to COVID-19 and adopted OSHA's Updated Interim Enforcement Response Plan for use in North Carolina, reading 'Section 5(a)(1) - General Duty Clause' as 'NCGS 95-129(1)' (Exs. DUT-NC-014, DUT-NC-015). Fourth, the liability shields. S.L. 2020-3 § 4.14 (G.S. 66-460, Ex. NC-034) gave essential businesses immunity from COVID-19 claims from March 27, 2020 unless the injury 'were caused by an act or omission... constituting gross negligence, reckless misconduct, or intentional infliction of harm,' and S.L. 2020-89 (G.S. 99E-71, Ex. DUT-NC-006) extended limited immunity to every person from July 2, 2020 while commanding that 'Every person shall provide, with respect to any premises... under the person's possession, custody, or control, reasonable notice of actions taken by the person for the purpose of reducing the risk of transmission of COVID-19 to individuals present on the premises.' The legislature thereby presupposed that every occupier of premises was taking risk-reduction actions and made public notice of them a statutory duty. Fifth, the orders wrote the protocols in as conditions of operating: retail businesses 'must' limit occupancy, mark spacing, disinfect, screen workers daily and send symptomatic workers home (EO 138 § 3(B), Ex. NC-010); every establishment open to the public 'must follow' the Core Signage, Screening, and Sanitation Requirements (EO 141 § 1(2), Ex. NC-011, carried to EO 204 App. A, Ex. NC-027); retail businesses, restaurants and personal-care businesses 'must have all workers wear Face Coverings,' with citations 'written only to businesses or organizations that fail to enforce the requirement' (EO 147 §§ 3.5(B), (F), Ex. NC-013); child-care facilities and camps 'must follow all applicable NCDHHS guidelines' (EO 141 § 12, EO 215 §§ 3.1-3.2, Exs. NC-011, NC-029). Where the State chose a recommendation it said so ('are strongly encouraged to' in EO 138 § 3(D); 'encouraged to follow the Guidelines for Businesses published by NCDHHS' in the recitals of EO 163 and EO 169; 'strongly encouraged, at a minimum, to follow the measures in the NCDHHS guidance' in EO 224 § 3), and those recommendations are recorded here as recommendations; their legal force in North Carolina came from 41A.0201(a), which made CDC guidance the required control measure, from G.S. 95-129(1), and from the orders' own mandatory clauses.

The State's standing duties

Ex. DUT-NC-001

N.C. Gen. Stat. ch. 130A, Article 6 (Communicable Diseases), Part 1, secs. 130A-133 to 130A-148, including sec. 130A-144 (Investigation and control measures) and sec. 130A-145 (Quarantine and isolation authority)

Communicable Diseases: reporting, investigation, control measures, quarantine and isolation authority

General Assembly of North Carolina, North Carolina (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolationStanding duty
Character: statutory duty
Grade: Primary source read

(f) All persons shall comply with control measures, including submission to examinations and tests, prescribed by the Commission subject to the limitations of G.S. 130A-148. (g) The Commission shall adopt rules that prescribe control measures for communicable diseases and conditions subject to the limitations of G.S. 130A-148.

Enforcement: Misdemeanor under G.S. 130A-25(a); violation of sec. 130A-144(f) or sec. 130A-145 carries a special sentence of imprisonment of up to two years under G.S. 130A-25(b); injunction under G.S. 130A-18 (Ex. DUT-NC-002)

Citation: General Assembly of North Carolina, N.C. Gen. Stat. ch. 130A, Article 6 (Communicable Diseases), Part 1, secs. 130A-133 to 130A-148, including sec. 130A-144 (Investigation and control measures) and sec. 130A-145 (Quarantine and isolation authority) (standing) (Ex. DUT-NC-001) Open the exhibit

Ex. DUT-NC-002

N.C. Gen. Stat. ch. 130A, Article 1, secs. 130A-1 to 130A-27, including sec. 130A-2 (definitions of 'imminent hazard', 'isolation authority', 'person', 'quarantine authority'), sec. 130A-17 (right of entry), sec. 130A-18 (injunction), sec. 130A-19 (abatement of public health nuisance), sec. 130A-20 (abatement of an imminent hazard), sec. 130A-23 (suspension and revocation of permits) and sec. 130A-25 (misdemeanor)

Public Health: definitions, enforcement, nuisance and imminent-hazard abatement, permits, criminal penalty

General Assembly of North Carolina, North Carolina (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureStanding dutyOperating condition
Character: sanitary code duty
Grade: Primary source read

If the Secretary or a local health director determines that an imminent hazard exists, the Secretary or a local health director may order the owner, lessee, operator, or other person in control of the property to abate the imminent hazard or may, after notice to or reasonable attempt to notify the owner... enter upon any property and take any action necessary to abate the imminent hazard.

Enforcement: Misdemeanor (sec. 130A-25(a)); imprisonment up to two years for violation of sec. 130A-144(f) or sec. 130A-145 (sec. 130A-25(b)); injunction (sec. 130A-18); lien for abatement costs (sec. 130A-20(a))

Citation: General Assembly of North Carolina, N.C. Gen. Stat. ch. 130A, Article 1, secs. 130A-1 to 130A-27, including sec. 130A-2 (definitions of 'imminent hazard', 'isolation authority', 'person', 'quarantine authority'), sec. 130A-17 (right of entry), sec. 130A-18 (injunction), sec. 130A-19 (abatement of public health nuisance), sec. 130A-20 (abatement of an imminent hazard), sec. 130A-23 (suspension and revocation of permits) and sec. 130A-25 (misdemeanor) (standing) (Ex. DUT-NC-002) Open the exhibit

Ex. DUT-NC-003

N.C. Gen. Stat. sec. 166A-19.30 (Additional powers of the Governor during state of emergency)

Additional powers of the Governor during state of emergency: direction of law enforcement (a)(2); control of ingress, egress, movement and occupancy of premises and of congregation in public places (b)(1), (b)(3); prohibitions and restrictions by declaration (c)(1); Class 2 misdemeanor for violation (d)

General Assembly of North Carolina, North Carolina (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStay-at-homeBusiness closureGathering capStanding duty
Character: statutory authority
Grade: Primary source read

(c)(1) To impose by declaration prohibitions and restrictions in the emergency area... (d) Violation. - Any person who violates any provision of a declaration or executive order issued pursuant to this section shall be guilty of a Class 2 misdemeanor in accordance with G.S. 14-288.20A.

Enforcement: Class 2 misdemeanor, G.S. 166A-19.30(d) and G.S. 14-288.20A(2) (Ex. DUT-NC-004)

Citation: General Assembly of North Carolina, N.C. Gen. Stat. sec. 166A-19.30 (Additional powers of the Governor during state of emergency) (standing) (Ex. DUT-NC-003) Open the exhibit

Ex. DUT-NC-004

N.C. Gen. Stat. sec. 14-288.20A (Violation of emergency prohibitions and restrictions)

Violation of emergency prohibitions and restrictions: Class 2 misdemeanor

General Assembly of North Carolina, North Carolina (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStanding duty
Character: order penalty
Grade: Primary source read

Any person who does any of the following is guilty of a Class 2 misdemeanor: (1) Violates any provision of an ordinance or a declaration enacted or declared pursuant to G.S. 166A-19.31. (2) Violates any provision of a declaration or executive order issued pursuant to G.S. 166A-19.30.

Enforcement: Class 2 misdemeanor (sentenced under G.S. 15A-1340.23: up to 60 days and a fine up to $1,000 for a prior-record level III offender; fine at the court's discretion for levels I and II)

Citation: General Assembly of North Carolina, N.C. Gen. Stat. sec. 14-288.20A (Violation of emergency prohibitions and restrictions) (standing) (Ex. DUT-NC-004) Open the exhibit

Ex. DUT-NC-005

N.C. Gen. Stat. ch. 95, Article 16, secs. 95-126 to 95-160, including sec. 95-129 (Rights and duties of employers), sec. 95-131 (adoption of standards), sec. 95-138 (Civil penalties) and sec. 95-139 (Criminal penalties)

Occupational Safety and Health Act of North Carolina: the general duty clause and the duty to comply with adopted standards

General Assembly of North Carolina, North Carolina (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: workplace duty
Grade: Primary source read

(1) Each employer shall furnish to each of his employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or serious physical harm to his employees; (2) Each employer shall comply with occupational safety and health standards or regulations promulgated pursuant to this Article.

Enforcement: Civil penalties for each willful, repeat, serious and other-than-serious violation and for each day of failure to abate, in amounts adjusted under sec. 95-138(a1); Class 2 misdemeanor with a fine up to $10,000 for a willful violation causing the death of an employee (sec. 95-139(a))

Citation: General Assembly of North Carolina, N.C. Gen. Stat. ch. 95, Article 16, secs. 95-126 to 95-160, including sec. 95-129 (Rights and duties of employers), sec. 95-131 (adoption of standards), sec. 95-138 (Civil penalties) and sec. 95-139 (Criminal penalties) (standing) (Ex. DUT-NC-005) Open the exhibit

Ex. DUT-NC-006

Session Law 2020-89 (House Bill 118), An Act to Provide Limited Immunity from Liability for Claims Based on Transmission of Coronavirus Disease 2019 (COVID-19), enacting G.S. secs. 99E-70 to 99E-72 (COVID-19 Limited Immunity)

COVID-19 Limited Immunity: no liability absent gross negligence, willful or wanton conduct or intentional wrongdoing; duty of every person in control of premises to give reasonable notice of the actions taken to reduce transmission risk

General Assembly of North Carolina (ratified June 24, 2020; approved by Governor Roy Cooper July 2, 2020), North Carolina (State)

Dates: Standing (2020-07-02 (applies to claims arising on or after that date))
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding dutyOperating condition
Character: liability shield condition
Grade: Primary source read

(b) Every person shall provide, with respect to any premises owned by the person or under the person's possession, custody, or control, reasonable notice of actions taken by the person for the purpose of reducing the risk of transmission of COVID-19 to individuals present on the premises.

Enforcement: None criminal; the sanction is the standard of civil liability: conduct amounting to gross negligence, willful or wanton conduct or intentional wrongdoing remains actionable, and the notice duty of subsec. (b) is enforceable only through the same standard

Citation: General Assembly of North Carolina (ratified June 24, 2020; approved by Governor Roy Cooper July 2, 2020), Session Law 2020-89 (House Bill 118), An Act to Provide Limited Immunity from Liability for Claims Based on Transmission of Coronavirus Disease 2019 (COVID-19), enacting G.S. secs. 99E-70 to 99E-72 (COVID-19 Limited Immunity) (July 2, 2020) (Ex. DUT-NC-006) Open the exhibit

Ex. DUT-NC-007

10A NCAC 41A.0201 (Control Measures - General)

Control measures for communicable diseases: APHA Control of Communicable Diseases Manual and CDC guidelines and recommended actions incorporated by reference as the required control measures; principles for outbreaks designated by the State Health Director

North Carolina Commission for Public Health (rule); administered by the Division of Public Health, NCDHHS, and local health directors, North Carolina (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolationStanding dutyOperating condition
Character: guidance incorporated
Grade: Primary source read

the recommendations and guidelines for... prevention of transmission for each disease and condition specified by the American Public Health Association... shall be the required control measures.... Guidelines and recommended actions published by the Centers for Disease Control and Prevention shall supercede those... and are likewise incorporated by reference, including subsequent amendments

Enforcement: Misdemeanor under G.S. 130A-25(a); imprisonment up to two years for violation of G.S. 130A-144(f) (G.S. 130A-25(b)); injunction under G.S. 130A-18 (Ex. DUT-NC-002)

Citation: North Carolina Commission for Public Health (rule); administered by the Division of Public Health, NCDHHS, and local health directors, 10A NCAC 41A.0201 (Control Measures - General) (standing) (Ex. DUT-NC-007) Open the exhibit

Ex. DUT-NC-008

10A NCAC 41A.0101 (Reportable Diseases and Conditions), as amended by emergency rule effective February 17, 2020 (novel coronavirus infection), temporary rule effective April 24, 2020 and permanent rule effective July 1, 2020

Reportable diseases and conditions: novel coronavirus infection reportable immediately; novel coronavirus infection causing death reportable within 24 hours

North Carolina Commission for Public Health, North Carolina (State)

Dates: Standing (2020-02-17)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersQuarantine and isolationStanding duty
Character: statutory duty
Grade: Primary source read

(51) novel coronavirus infection causing death -- 24 hours; (52) novel coronavirus infection -- immediately.

Enforcement: Misdemeanor under G.S. 130A-25(a) for violation of the Chapter or the Commission's rules

Citation: North Carolina Commission for Public Health, 10A NCAC 41A.0101 (Reportable Diseases and Conditions), as amended by emergency rule effective February 17, 2020 (novel coronavirus infection), temporary rule effective April 24, 2020 and permanent rule effective July 1, 2020 (standing) (Ex. DUT-NC-008) Open the exhibit

Ex. DUT-NC-009

13 NCAC 07F.0101 (General Industry), incorporating 29 C.F.R. Part 1910 by reference; amended effective July 21, 2021 as an emergency temporary standard (COVID-19 Healthcare ETS, 29 C.F.R. 1910.502-.509) and amended effective March 4, 2022 on the expiration of that standard

General industry standards: incorporation of 29 C.F.R. Part 1910; adoption of the COVID-19 Healthcare Emergency Temporary Standard effective July 21, 2021

North Carolina Department of Labor, Occupational Safety and Health Division (Commissioner of Labor), North Carolina (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesStanding duty
Character: covid workplace rule
Grade: Primary source read

The provisions for the Occupational Safety and Health Standards for General Industry, Title 29 of the Code of Federal Regulations Part 1910... are incorporated by reference except as modified or amended in 13 NCAC 07F.0103.... Amended Eff. July 21, 2021 as an emergency temporary standard; Amended Eff. March 4, 2022 (expiration of emergency temporary standard).

Enforcement: Civil penalties under G.S. 95-138; criminal penalty under G.S. 95-139 (Ex. DUT-NC-005)

Citation: North Carolina Department of Labor, Occupational Safety and Health Division (Commissioner of Labor), 13 NCAC 07F.0101 (General Industry), incorporating 29 C.F.R. Part 1910 by reference; amended effective July 21, 2021 as an emergency temporary standard (COVID-19 Healthcare ETS, 29 C.F.R. 1910.502-.509) and amended effective March 4, 2022 on the expiration of that standard (standing) (Ex. DUT-NC-009) Open the exhibit

Ex. DUT-NC-010

N.C. Gen. Stat. sec. 130A-41 (Powers and duties of local health director)

Powers and duties of local health director: investigation of communicable disease; quarantine and isolation authority; abatement of nuisances and imminent hazards

General Assembly of North Carolina, North Carolina (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureQuarantine and isolationStanding duty
Character: statutory duty
Grade: Primary source read

(b) A local health director shall have the following powers and duties:... (3) To investigate the causes of infectious, communicable and other diseases; (4) To exercise quarantine authority and isolation authority pursuant to G.S. 130A-145;... (11) To abate public health nuisances and imminent hazards pursuant to G.S. 130A-19 and G.S. 130A-20.

Enforcement: Enforced through G.S. 130A-18 (injunction), 130A-20 (abatement and lien) and 130A-25 (misdemeanor) (Ex. DUT-NC-002)

Citation: General Assembly of North Carolina, N.C. Gen. Stat. sec. 130A-41 (Powers and duties of local health director) (standing) (Ex. DUT-NC-010) Open the exhibit

Ex. DUT-NC-011

N.C. Gen. Stat. sec. 130A-248 (Regulation of food and lodging establishments)

Regulation of food and lodging establishments: Commission sanitation rules; no operation without a permit; permit conditioned on compliance with the rules; suspension and revocation

General Assembly of North Carolina, North Carolina (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureStanding dutyOperating condition
Character: sanitary code duty
Grade: Primary source read

(b) No establishment shall commence or continue operation without a permit or transitional permit issued by the Department.... A permit shall be issued only when the establishment satisfies all of the requirements of the rules.... A permit or transitional permit may otherwise be suspended or revoked in accordance with G.S. 130A-23.

Enforcement: Permit suspension or revocation (G.S. 130A-23); misdemeanor (G.S. 130A-25(a)); injunction (G.S. 130A-18)

Citation: General Assembly of North Carolina, N.C. Gen. Stat. sec. 130A-248 (Regulation of food and lodging establishments) (standing) (Ex. DUT-NC-011) Open the exhibit

Ex. DUT-NC-012

N.C. Gen. Stat. sec. 166A-19.31 (Power of municipalities and counties to enact ordinances to deal with states of emergency)

Types of emergency prohibitions and restrictions authorized: movements of people; operation of offices and business establishments; alcoholic beverages; other activities reasonably necessary to protect lives; immediate effect upon publication

General Assembly of North Carolina, North Carolina (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureGathering capCurfew and hoursAlcohol and barsStanding duty
Character: order penalty
Grade: Primary source read

(b)... may permit prohibitions and restrictions:... (2) Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate.... (5) Upon other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency.

Enforcement: Class 2 misdemeanor, G.S. 14-288.20A(1) (local) and (2) (gubernatorial through 166A-19.30(c)(1)) (Ex. DUT-NC-004)

Citation: General Assembly of North Carolina, N.C. Gen. Stat. sec. 166A-19.31 (Power of municipalities and counties to enact ordinances to deal with states of emergency) (standing) (Ex. DUT-NC-012) Open the exhibit

Ex. DUT-NC-013

15A NCAC 18A.2650 (General - Adoption by Reference): the FDA Food Code incorporated by reference as the sanitation rule for food establishments

Rules Governing the Food Protection and Sanitation of Food Establishments: adoption of the FDA Food Code by reference

North Carolina Commission for Public Health, North Carolina (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding dutyOperating condition
Character: sanitary code duty
Grade: Primary source read

The 2017 Food Code and the accompanying 2017 Food Code Supplement, not including subsequent amendments and editions, established by the U.S. Department of Health and Human Services, Food and Drug Administration (hereinafter referred to as the "Food Code") are hereby incorporated by reference.

Enforcement: Permit suspension or revocation and grade reduction under G.S. 130A-23 and 130A-248; misdemeanor under G.S. 130A-25(a)

Citation: North Carolina Commission for Public Health, 15A NCAC 18A.2650 (General - Adoption by Reference): the FDA Food Code incorporated by reference as the sanitation rule for food establishments (standing) (Ex. DUT-NC-013) Open the exhibit

Ex. DUT-NC-014

NCDOL Safety and Health Topic page, 'COVID-19' (labor.nc.gov/coronavirus): Hazard Overview, Solutions, Regulations ('Which standards apply?'), Learn More

COVID-19 (Coronavirus): the standards the OSH Division has adopted that apply to occupational exposure to COVID-19, including the General Duty Clause, NCGS 95-129(1)

North Carolina Department of Labor, Occupational Safety and Health Division, North Carolina (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesOther
Character: recommendation only
Grade: Primary source read

The OSH Division has adopted the following standards which are, or may be, applicable to occupational exposure to COVID-19 in North Carolina. This is not all inclusive.... 29 CFR 1910.132... 29 CFR 1910.134: respiratory protection... 29 CFR 1910.141: sanitation... 29 CFR 1910.1030: bloodborne pathogens... General Duty Clause NCGS 95-129(1)

Enforcement: None in the page itself; the standards it lists are enforced through G.S. 95-138 and 95-139 (Ex. DUT-NC-005)

Citation: North Carolina Department of Labor, Occupational Safety and Health Division, NCDOL Safety and Health Topic page, 'COVID-19' (labor.nc.gov/coronavirus): Hazard Overview, Solutions, Regulations ('Which standards apply?'), Learn More (standing) (Ex. DUT-NC-014) Open the exhibit

Ex. DUT-NC-015

NCDOL OSH Division Memo COV 5A, 'Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)' (dated March 24, 2022, updating the Division's adoption of OSHA's memorandum of July 7, 2021, attached), with the attached federal memorandum

Adoption for use in North Carolina of OSHA's Updated Interim Enforcement Response Plan for COVID-19: complaints, referrals and severe-illness reports in workplaces not covered by the Healthcare ETS; the general duty clause read as NCGS 95-129(1)

North Carolina Department of Labor, Occupational Safety and Health Division (Scott Mabry, Assistant Deputy Commissioner; Commissioner Josh Dobson), North Carolina (State)

Dates: Standing (federal plan effective July 7, 2021 for workplaces not covered by the COVID-19 ETS; NCDOL adoption with listed modifications)
Quarters: 2021 Q3
Limitations: Workplace rulesStanding duty
Character: guidance incorporated
Grade: Primary source read

the Occupational Safety and Health (OSH) Division of the North Carolina Department of Labor adopts the above-mentioned OSHA interim enforcement response plan memorandum (attached) for use in North Carolina, with modifications as listed below:... References to Section 5(a)(1) - General Duty Clause will mean NCGS 95-129(1) - General Duty Clause.

Enforcement: Citations and civil penalties under G.S. 95-138 for violations of the listed standards or of G.S. 95-129(1)

Citation: North Carolina Department of Labor, Occupational Safety and Health Division (Scott Mabry, Assistant Deputy Commissioner; Commissioner Josh Dobson), NCDOL OSH Division Memo COV 5A, 'Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)' (dated March 24, 2022, updating the Division's adoption of OSHA's memorandum of July 7, 2021, attached), with the attached federal memorandum (Mar. 24, 2022) (Ex. DUT-NC-015) Open the exhibit

Ex. DUT-NC-016

NCDOL OSH Division Memo, 'Repeal - Healthcare Emergency Temporary Standard on Occupational Exposure to COVID-19' (March 30, 2022)

Repeal of the Healthcare ETS effective March 4, 2022, reciting North Carolina's adoption of the federal COVID-19 Healthcare ETS verbatim as a permanent standard

North Carolina Department of Labor, Occupational Safety and Health Division (Scott Mabry, Assistant Deputy Commissioner; Commissioner Josh Dobson), North Carolina (State)

Dates: Standing (records the adoption effective July 21, 2021 (13 NCAC 07F.0101) and the repeal effective Mar. 4, 2022)
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesStanding duty
Character: agency position statement
Grade: Primary source read

Because the initial timelines for the federal rule (6 months) did not match up with the APA timelines for emergency rules (30 days), the NC Department of Labor (NCDOL) OSH Division chose to adopt the Healthcare ETS verbatim as a permanent standard.... Commissioner of Labor Josh Dobson chose to repeal the prior adoption of the Healthcare ETS effective March 4, 2022.

Enforcement: Civil penalties under G.S. 95-138 for violation of the adopted standard

Citation: North Carolina Department of Labor, Occupational Safety and Health Division (Scott Mabry, Assistant Deputy Commissioner; Commissioner Josh Dobson), NCDOL OSH Division Memo, 'Repeal - Healthcare Emergency Temporary Standard on Occupational Exposure to COVID-19' (March 30, 2022) (Mar. 30, 2022) (Ex. DUT-NC-016) Open the exhibit

Ex. DUT-NC-017

Kinsley v. Ace Speedway Racing, Ltd., No. 280PA22 (N.C. Aug. 23, 2024), affirming 284 N.C. App. 665 (2022)

Opinion: the June 8, 2020 NCDHHS abatement order closing Ace Speedway as an 'imminent hazard' for hosting gatherings above the EO 141 limit, the Governor's letter that the races 'were criminal acts', the preliminary injunction enforcing the order, and the sufficiency of the speedway's constitutional counterclaims

Supreme Court of North Carolina, North Carolina (Court)

Dates: Standing (2024-08-23)
Limitations: Business closureGathering capOther
Character: adjudication
Grade: Primary source read

the Secretary... issued an abatement order that required Ace Speedway to close its operations as an "imminent hazard" to public health.... the trial court issued a preliminary injunction prohibiting Ace Speedway from conducting races and other events at its facilities until it complied with the terms of the abatement order.

Enforcement: As recited: Class 2 misdemeanor enforcement of EO 141; imminent-hazard abatement order under G.S. 130A-20; temporary restraining order and preliminary injunction

Citation: Supreme Court of North Carolina, Kinsley v. Ace Speedway Racing, Ltd., No. 280PA22 (N.C. Aug. 23, 2024), affirming 284 N.C. App. 665 (2022) (Ex. DUT-NC-017) Open the exhibit

Ex. DUT-NC-018

Kinsley v. Ace Speedway Racing, Ltd., 2022-NCCOA-524, No. COA21-428 (N.C. Ct. App. Aug. 2, 2022)

Opinion: the terms of the June 8, 2020 Abatement Order (close until Order 141 expires or until a plan for 'full compliance with Order 141's mass gathering restrictions'), the June 11, 2020 TRO and the July 10, 2020 preliminary injunction

Court of Appeals of North Carolina, North Carolina (Court)

Dates: Standing (2022-08-02)
Limitations: Business closureGathering capOther
Character: adjudication
Grade: Primary source read

The Abatement Order instructed Ace to close its facilities until the expiration of Order 141, or until such time as Ace developed a plan to host events in full compliance with Order 141's mass gathering restrictions.... [the court] "enjoined [Ace] from taking any action to conduct or facilitate a stock car race or other mass gathering at ACE Speedway[.]"

Enforcement: As recited: abatement order under G.S. 130A-20 enforced by TRO (June 11, 2020) and preliminary injunction (July 10, 2020)

Citation: Court of Appeals of North Carolina, Kinsley v. Ace Speedway Racing, Ltd., 2022-NCCOA-524, No. COA21-428 (N.C. Ct. App. Aug. 2, 2022) (Ex. DUT-NC-018) Open the exhibit

Ex. DUT-NC-019

North Carolina Bar and Tavern Ass'n v. Stein, No. 126PA24 (N.C. Aug. 22, 2025), on review of 293 N.C. App. 402 (2024)

Opinion: the Emergency Management Act 'grants the Governor the ability to impose significant restrictions or prohibitions on otherwise permissible activity during states of emergency', including restrictions on 'the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate'; no statutory compensation for such restrictions

Supreme Court of North Carolina, North Carolina (Court)

Dates: Standing (2025-08-22)
Limitations: Business closureAlcohol and barsOther
Character: adjudication
Grade: Primary source read

the Emergency Management Act... grants the Governor the ability to impose significant restrictions or prohibitions on otherwise permissible activity during states of emergency... [and] allows the Governor to restrict "the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate"

Enforcement: As construed: the Act's prohibitions and restrictions bind without compensation; violation is a Class 2 misdemeanor (G.S. 166A-19.30(d))

Citation: Supreme Court of North Carolina, North Carolina Bar and Tavern Ass'n v. Stein, No. 126PA24 (N.C. Aug. 22, 2025), on review of 293 N.C. App. 402 (2024) (Ex. DUT-NC-019) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

29 U.S.C. 654 (OSH Act § 5, the general duty clause)

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory duty
Grade: Primary source read

(a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.

Enforcement: 29 U.S.C. 666: civil penalties for serious, other-than-serious, willful and repeated violations (2020-2021 maxima $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); willful violations causing death are criminal (29 U.S.C. 666(e)).

Citation: Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001) Open the exhibit

Ex. DUT-FED-002

29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)

Judicial review; discharge or discrimination against employee for exercise of rights

Congress (OSH Act § 11(c)), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory duty
Grade: Primary source read

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.

Enforcement: 29 U.S.C. 660(c)(2): Secretary's suit in district court for reinstatement with back pay and 'all appropriate relief'

Citation: Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002) Open the exhibit

Ex. DUT-FED-003

29 C.F.R. 1910.132 (personal protective equipment, general requirements)

General requirements (Subpart I, Personal Protective Equipment)

Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment... (d)(1) The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE).

Enforcement: 29 U.S.C. 666 (civil penalties per violation)

Citation: Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003) Open the exhibit

Ex. DUT-FED-004

29 C.F.R. 1910.134 (respiratory protection)

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a)(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program... (c)(1)... the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004) Open the exhibit

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a)(3)(i) All places of employment shall be kept clean to the extent that the nature of the work allows.... (d)(1) Washing facilities shall be maintained in a sanitary condition.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005) Open the exhibit

Ex. DUT-FED-006

29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: agency position statement
Grade: Primary source read

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates: Standing (2021-01-29)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-08-13)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-06)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

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

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates: Standing (2020-09-09)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates: Standing (2020-09-11)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates: Standing (2021-04-22)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates: Standing (2021-04-15)
Quarters: 2020 Q42021 Q2
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates: Standing (2020-10-09)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-11-06)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Character: agency enforcement summary
Grade: Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates: Standing (2020-12-08)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates: Standing (2021-04-20)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingStanding duty
Character: regulatory duty
Grade: Primary source read

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: liability shield condition
Grade: Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates: Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Character: agency interpretation
Grade: Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

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

Dates: Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Vaccination or testingOther
Character: liability shield condition
Grade: Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates: Standing (2020-04-17)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-09-08)
Quarters: 2020 Q32020 Q4
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory framework
Grade: Primary source read

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory framework
Grade: Primary source read

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory framework
Grade: Primary source read

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

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

Dates: Standing (2020-03-21)
Quarters: 2020 Q2
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

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

Dates: Standing (2020-05-06)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates: Standing (2020-03-18)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

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

Dates: Standing (2020-07-15)
Quarters: 2020 Q32020 Q4
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-04-26)
Quarters: 2020 Q22020 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character: agency guidance recommendation
Grade: Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-07-09)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

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

Dates: Standing (2020-04-08)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

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

Dates: Standing (2020-05-27)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates: Standing (2020-03-13)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rules
Character: agency position statement
Grade: Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates: Standing (2021-01-08)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates: Standing (2021-10-01)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-12-16)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2021-05-28)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-06-10)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates: Standing (2022-06-06)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rules
Character: adjudication
Grade: Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

6. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business in North Carolina 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 254 instruments in force for this selection: 32 instruments from the State of North Carolina (Governor Roy Cooper, Executive Order No. 135 (Apr. 23, 2020) (Ex. NC-009); Governor Roy Cooper, Executive Order No. 121 (Mar. 27, 2020) (Ex. NC-005); Governor Roy Cooper, Executive Order No. 138 (May 5, 2020) (Ex. NC-010); and 29 more), 4 instruments from the agencies, boards and authorities of North Carolina (UNC System Interim President William L. Roper, UNC System Updates Guidance to Constituent Institutions (March 17, 2020) (Mar. 17, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-028); North Carolina State Ports Authority (NC Ports), an enterprise agency of the North Carolina Department of Transportation, NC Ports 'COVID-19 Business Continuity Plans' (updates of Mar. 20 and Mar. 24, 2020): all terminals on a normal schedule; Continuity of Operations Plan implemented: access to Maritime Buildings in Wilmington and Morehead City restricted to essential personnel only; security processes modified with the Coast Guard; social distancing, avoiding unnecessary travel, remote working encouraged (Mar. 20, 2020) (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-102); Hyde County Board of Commissioners (emergency declaration), implemented by the North Carolina Department of Transportation Ferry Division, NCDOT release, Mar. 18, 2020: visitors not allowed on Ocracoke-bound ferries from 5:00 a.m. Mar. 19, 2020 under the Hyde County emergency declaration; visitor reservations cancelled and refunded; only residents, property owners, workers, vendors and service providers may board; county law enforcement at terminals to check identification (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-047); and 1 more), 179 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190); and 176 more) and 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: WF workforce (Ex. NC-005); PR procedures (Ex. NC-046); CL closings (Ex. NC-050); CT courts (Ex. NC-049); DR dining room (Ex. NC-013); GATH events (Ex. NC-005); OF offices (Ex. NC-005); SV collections (Ex. NC-049); SV servicing and collections (Ex. NC-043); BA bar service (Ex. NC-003).

Step three, the change compelled. Governor Roy Cooper, Executive Order No. 135 (Apr. 23, 2020) (Ex. NC-009) ordered: "Section 1. Extensions and technical amendments... [Executive Order] No. 120; and all of Executive Order No. 121 are in effect, and shall remain in effect, until 5:00 pm on May 8, 2020. Sections 1 and 2 of Executive Order No. 131 are amended to expire at 5:00 pm [on May 8, 2020]" Enforcement: as in EO 121 sec. 6 Governor Roy Cooper, Executive Order No. 121 (Mar. 27, 2020) (Ex. NC-005) ordered: "All individuals currently in the State of North Carolina are ordered to stay at home, their place of residence, or current place of abode... except as allowed in this Executive Order... Only travel for Essential Activities as defined herein is permitted... non-essential business and operations must…" Enforcement: Sec. 6: enforced by State and local law enforcement under 166A-19.30(a)(2); 'A violation of this Executive Order may be subject to prosecution pursuant to N.C.… Governor Roy Cooper, Executive Order No. 138 (May 5, 2020) (Ex. NC-010) ordered: "Limit customer occupancy to not more than 50% of stated fire capacity... Continue to promote telework and limit non-essential travel whenever possible... Limit face-to-face meetings to no more than ten (10) workers... Bars are directed to not serve alcoholic beverages for onsite consumption... Mass…" Enforcement: Class 2 misdemeanor under 166A-19.30(d) and 14-288.20A 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 No. 135 (Ex. NC-009) was in force from Apr. 23, 2020 to May 8, 2020, 16 of the quarter's 110 days; Executive Order No. 121 (Ex. NC-005) was in force from Mar. 30, 2020 to May 8, 2020, 40 of the quarter's 110 days; Executive Order No. 138 (Ex. NC-010) was in force from May 8, 2020 to May 22, 2020, 15 of the quarter's 110 days. Of the 36 instruments in the quarter's record, 3 were in force on its first day, 20 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 227 instruments in force for this selection: 18 instruments from the State of North Carolina (Governor Roy Cooper, Executive Order No. 141 (May 20, 2020) (Ex. NC-011); Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. NC-013); Governor Roy Cooper, Executive Order No. 151 (July 16, 2020) (Ex. NC-014); and 15 more), 2 instruments from the agencies, boards and authorities of North Carolina (North Carolina Department of Transportation, Ferry Division (with State health officials), NCDOT release, July 2, 2020: Ocracoke Express passenger ferry resumes July 3, 2020 after final approval of Senate Bill 750; passengers limited to 96 ('about half of what the vessel's certificate of occupancy allows'); face coverings strongly encouraged; groups six feet apart; no refreshments (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-052); General Assembly of North Carolina (ratified May 2, 2020); signed by Governor Roy Cooper May 4, 2020, Session Law 2020-3 (S.B. 704), COVID-19 Recovery Act (May 4, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-043)), 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: BA bar service (Ex. NC-015); BA bars closed (Ex. NC-011); CL closings (Ex. NC-052); CT courts (Ex. NC-052); PM property management (Ex. NC-006); SV servicing and collections (Ex. NC-006); WF workforce (Ex. NC-034); all Phase 2 functions (Ex. NC-014); CB (Ex. AGY-ST-DMV-SOS-RECORDERS-043); CB customer access (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-052).

Step three, the change compelled. Governor Roy Cooper, Executive Order No. 141 (May 20, 2020) (Ex. NC-011) ordered: "Individuals are strongly encouraged to telework to the greatest extent permissible by their employer... Limit the number of customers in the restaurant to fifty percent (50%) of stated fire capacity... Limit the number of customers in the store to fifty percent (50%)... Mass Gatherings are…" Enforcement: Class 2 misdemeanor under 166A-19.30(d) and 14-288.20A Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. NC-013) ordered: "B. Where Face Coverings Are Required. People are required to wear Face Coverings [in retail businesses, restaurants, personal care, child care, transportation, and workplaces where distancing is not possible]... Executive Order No. 141 shall remain in effect, as amended below, until 5:00 pm on July…" Enforcement: Class 2 misdemeanor; businesses required to have workers wear face coverings; sec. II citations against businesses only (individuals not cited) Governor Roy Cooper, Executive Order No. 151 (July 16, 2020) (Ex. NC-014) ordered: "Executive Order No. 141 shall remain in effect, as amended by Executive Order No. 147 and this Executive Order... through 5:00 pm on August 7, 2020." Enforcement: as in EO 141 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 No. 141 (Ex. NC-011) was in force from May 22, 2020 to Sept. 30, 2020, 92 of the quarter's 92 days; Executive Order No. 147 (Ex. NC-013) was in force from June 26, 2020 to July 17, 2020, 17 of the quarter's 92 days; Executive Order No. 151 (Ex. NC-014) was in force from July 17, 2020 to Aug. 7, 2020, 22 of the quarter's 92 days. Of the 20 instruments in the quarter's record, 11 were in force on its first day, 14 on its last day and 9 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 228 instruments in force for this selection: 20 instruments from the State of North Carolina (Governor Roy Cooper, Executive Order No. 181 (Dec. 8, 2020) (Ex. NC-023); Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. NC-013); Governor Roy Cooper, Executive Order No. 163 (Aug. 31, 2020) (Ex. NC-017); and 17 more), 1 instrument from the agencies, boards and authorities of North Carolina (General Assembly of North Carolina (ratified May 2, 2020); signed by Governor Roy Cooper May 4, 2020, Session Law 2020-3 (S.B. 704), COVID-19 Recovery Act (May 4, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-043)), 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 47 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 45 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: BA bar service (Ex. NC-023); CT courts (Ex. NC-053); OF offices (Ex. NC-023); CB customer base (Ex. NC-023); CL closings (Ex. NC-053); DR dining hours (Ex. NC-023); EMP workplace rules (Ex. NC-013); GATH 25/50 (Ex. NC-017); PM property management (Ex. NC-020); SF sales floor (Ex. NC-013).

Step three, the change compelled. Governor Roy Cooper, Executive Order No. 181 (Dec. 8, 2020) (Ex. NC-023) ordered: "all North Carolinians are required to stay at home and travel only for work or to obtain essential goods or services during the hours of 10:00 PM and 5:00 AM each day... 3.17. Closure No Later than 10:00 PM. [Businesses covered by Section] 3 must close their premises to the public no later than…" Enforcement: Sec. 12: Class 2 misdemeanor under 166A-19.30(d) and 14-288.20A Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. NC-013) ordered: "B. Where Face Coverings Are Required. People are required to wear Face Coverings [in retail businesses, restaurants, personal care, child care, transportation, and workplaces where distancing is not possible]... Executive Order No. 141 shall remain in effect, as amended below, until 5:00 pm on July…" Enforcement: Class 2 misdemeanor; businesses required to have workers wear face coverings; sec. II citations against businesses only (individuals not cited) Governor Roy Cooper, Executive Order No. 163 (Aug. 31, 2020) (Ex. NC-017) ordered: "Mass Gatherings are prohibited. 'Mass Gathering' means an event or convening that brings together more than twenty-five (25) people indoors or more than [fifty (50) people outdoors]... Limit any Guests in indoor areas to 30% Emergency Maximum Occupancy [fitness facilities]... Limit the number of…" Enforcement: Class 2 misdemeanor 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. Executive Order No. 181 (Ex. NC-023) was in force from Dec. 11, 2020 to Jan. 8, 2021, 21 of the quarter's 92 days; Executive Order No. 163 (Ex. NC-017) was in force from Sept. 4, 2020 to Oct. 2, 2020, 2 of the quarter's 92 days; Executive Order No. 169 (Ex. NC-018) was in force from Oct. 2, 2020 to Oct. 23, 2020, 22 of the quarter's 92 days. Of the 21 instruments in the quarter's record, 11 were in force on its first day, 14 on its last day and 9 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 237 instruments in force for this selection: 20 instruments from the State of North Carolina (Governor Roy Cooper, Executive Order No. 181 (Dec. 8, 2020) (Ex. NC-023); Governor Roy Cooper, Executive Order No. 188 (Jan. 6, 2021) (Ex. NC-024); Governor Roy Cooper, Executive Order No. 189 (Jan. 27, 2021) (Ex. NC-025); and 17 more), 175 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); and 172 more) and 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: CT courts (Ex. NC-053); PM property management (Ex. NC-020); BA bar service (Ex. NC-023); CB customer base (Ex. NC-023); CL closings (Ex. NC-053); OF offices (Ex. NC-023); SV servicing and collections (Ex. NC-020); WF workforce (Ex. NC-053); all EO 181 functions (Ex. NC-024); BA bar sales (Ex. NC-036).

Step four, the quarter. The quarter's record runs from Jan. 1, 2021 to Mar. 31, 2021, 90 days. Executive Order No. 181 (Ex. NC-023) was in force from Dec. 11, 2020 to Jan. 8, 2021, 8 of the quarter's 90 days; Executive Order No. 188 (Ex. NC-024) was in force from Jan. 8, 2021 to Jan. 29, 2021, 22 of the quarter's 90 days; Executive Order No. 189 (Ex. NC-025) was in force from Jan. 29, 2021 to Feb. 28, 2021, 31 of the quarter's 90 days. Of the 20 instruments in the quarter's record, 12 were in force on its first day, 14 on its last day and 10 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 233 instruments in force for this selection: 21 instruments from the State of North Carolina (Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. NC-013); Governor Roy Cooper, Executive Order No. 204 (Mar. 23, 2021) (Ex. NC-027); Governor Roy Cooper, Executive Order No. 209 (Apr. 28, 2021) (Ex. NC-028); and 18 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 47 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 45 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CT courts (Ex. NC-053); EC child care (Ex. NC-041); IN in-person instruction (Ex. NC-033); TR transportation (Ex. NC-013); WF workforce (Ex. NC-053); BA bars 50% (Ex. NC-027); DR dining 75% (Ex. NC-027); HC waivers (Ex. NC-064); PE theaters 50% (Ex. NC-027); PM property management (Ex. NC-020).

Step three, the change compelled. Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. NC-013) ordered: "B. Where Face Coverings Are Required. People are required to wear Face Coverings [in retail businesses, restaurants, personal care, child care, transportation, and workplaces where distancing is not possible]... Executive Order No. 141 shall remain in effect, as amended below, until 5:00 pm on July…" Enforcement: Class 2 misdemeanor; businesses required to have workers wear face coverings; sec. II citations against businesses only (individuals not cited) Governor Roy Cooper, Executive Order No. 204 (Mar. 23, 2021) (Ex. NC-027) ordered: "it is reasonable to raise the indoor mass gathering limit to fifty (50) persons [and the outdoor limit to one hundred (100)]... The limit is one hundred percent (100%) of fire capacity for museums, personal care [businesses, retail]... The limit is seventy-five percent (75%) of fire capacity for the…" Enforcement: Class 2 misdemeanor Governor Roy Cooper, Executive Order No. 209 (Apr. 28, 2021) (Ex. NC-028) ordered: "5.1. Prohibition. Mass Gatherings are prohibited. 'Mass Gathering' means an event or convening... [that] brings together more than one hundred (100) people indoors or more than two hundred (200) people outdoors at the same time in a single [space]... [in listed indoor] establishments and spaces…" Enforcement: Class 2 misdemeanor 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. Executive Order No. 204 (Ex. NC-027) was in force from Mar. 26, 2021 to Apr. 30, 2021, 30 of the quarter's 91 days; Executive Order No. 209 (Ex. NC-028) was in force from Apr. 30, 2021 to June 1, 2021, 33 of the quarter's 91 days; Executive Order No. 116 (Ex. NC-001) was in force from Mar. 10, 2020 to Aug. 15, 2022, 91 of the quarter's 91 days. Of the 21 instruments in the quarter's record, 12 were in force on its first day, 14 on its last day and 9 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: 15 instruments from the State of North Carolina (Governor Roy Cooper, Executive Order No. 116 (Mar. 10, 2020) (Ex. NC-001); Governor Roy Cooper, Executive Order No. 119 (Mar. 20, 2020) (Ex. NC-039); Governor Roy Cooper, Executive Order No. 130 (Apr. 8, 2020) (Ex. NC-007); and 12 more), 1 instrument from the agencies, boards and authorities of North Carolina (North Carolina Division of Employment Security, DES press release, 'North Carolina Reinstates Certain Unemployment Benefits Requirements' (Sept. 2, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-081)), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 44 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 42 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF workforce (Ex. NC-030); EC child care (Ex. NC-041); IN in-person instruction (Ex. NC-030); AD admissions and enrollment (Ex. NC-032); DR drivers and routes (Ex. NC-039); OF State offices (Ex. NC-031); VS visitation (Ex. NC-073); AC athletics and activities (Ex. NC-072); CB payers (Ex. NC-041); CT courts (Ex. NC-071).

Step three, the change compelled. Governor Roy Cooper, Executive Order No. 116 (Mar. 10, 2020) (Ex. NC-001) ordered: "DECLARATION OF A STATE OF EMERGENCY TO COORDINATE RESPONSE AND PROTECTIVE ACTIONS TO PREVENT THE SPREAD OF COVID-19... N.C. Gen. Stat. 166A-19.10 and 166A-19.20 authorize the undersigned to declare a state of emergency and exercise the powers and duties set forth therein" Enforcement: Predicate for every later order; every later order recites that 'An Executive Order rescinding the Declaration of the State of Emergency will automatically… Governor Roy Cooper, Executive Order No. 119 (Mar. 20, 2020) (Ex. NC-039) ordered: "Section 5. Maximum Hours of Service... DPS, in conjunction with the North Carolina Department of Transportation ('DOT'), shall waive the maximum hours of service for drivers prescribed by DPS pursuant to N.C. Gen. Stat. 20-381, if the driver is transporting medical supplies and other equipment in…" Enforcement: State Highway Patrol enforces conditions (sec. 7(III)); waivers conditioned on documentation Governor Roy Cooper, Executive Order No. 130 (Apr. 8, 2020) (Ex. NC-007) ordered: "Section 1. Allowing Increases in Health Care Resources... the undersigned delegates to the Secretary of Health and Human Services authority to waive or modify [regulatory requirements to add beds and technology]; recitals: 'the Secretary of Health and Human Services requires authority to modify or…" Enforcement: Delegations to the Secretary of DHHS; Secretarial Orders issued under it (EO 215 sec. 3.3(b) refers to 'the Secretarial Orders issued under Executive Order Nos.… 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 No. 116 (Ex. NC-001) was in force from Mar. 10, 2020 to Aug. 15, 2022, 92 of the quarter's 92 days; Executive Order No. 119 (Ex. NC-039) was in force from Mar. 20, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Executive Order No. 130 (Ex. NC-007) was in force from Apr. 8, 2020 to Aug. 8, 2021, 39 of the quarter's 92 days. Of the 16 instruments in the quarter's record, 8 were in force on its first day, 12 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: 398 records, of which The COVID Project holds the document for 387. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. AGY-ST-DMV-SOS-RECORDERS-043	Session Law 2020-3 (S.B. 704), COVID-19 Recovery Act	General Assembly of North Carolina (ratified May 2, 2020); signed by Governor Roy Cooper May 4, 2020	May 4, 2020	General Assembly of North Carolina (ratified May 2, 2020); signed by Governor Roy Cooper May 4, 2020, Session Law 2020-3 (S.B. 704), COVID-19 Recovery Act (May 4, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-043)	/library/AGY-ST-DMV-SOS-RECORDERS-043	/exhibit/AGY-ST-DMV-SOS-RECORDERS-043
Ex. AGY-ST-EDUCATION-HIGHER-ED-028	UNC System Updates Guidance to Constituent Institutions (March 17, 2020)	UNC System Interim President William L. Roper	Mar. 17, 2020	UNC System Interim President William L. Roper, UNC System Updates Guidance to Constituent Institutions (March 17, 2020) (Mar. 17, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-028)	/library/AGY-ST-EDUCATION-HIGHER-ED-028	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-028
Ex. AGY-ST-LABOR-WORKPLACE-081	DES press release, 'North Carolina Reinstates Certain Unemployment Benefits Requirements' (Sept. 2, 2021)	North Carolina Division of Employment Security	Sept. 2, 2021	North Carolina Division of Employment Security, DES press release, 'North Carolina Reinstates Certain Unemployment Benefits Requirements' (Sept. 2, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-081)	/library/AGY-ST-LABOR-WORKPLACE-081	/exhibit/AGY-ST-LABOR-WORKPLACE-081
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-047	NCDOT release, Mar. 18, 2020: visitors not allowed on Ocracoke-bound ferries from 5:00 a.m. Mar. 19, 2020 under the Hyde County emergency declaration; visitor…	Hyde County Board of Commissioners (emergency declaration), implemented by the North Carolina Department of Transportation Ferry Division	Mar. 18, 2020	Hyde County Board of Commissioners (emergency declaration), implemented by the North Carolina Department of Transportation Ferry Division, NCDOT release, Mar. 18, 2020: visitors not allowed on Ocracoke-bound ferries from 5:00 a.m. Mar. 19, 2020 under the Hyde County emergency declaration; visitor reservations cancelled and refunded; only residents, property owners, workers, vendors and service providers may board; county law enforcement at terminals to check identification (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-047)	/library/AGY-ST-TRANSPORT-PORTS-TRANSIT-047	/exhibit/AGY-ST-TRANSPORT-PORTS-TRANSIT-047
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-052	NCDOT release, July 2, 2020: Ocracoke Express passenger ferry resumes July 3, 2020 after final approval of Senate Bill 750; passengers limited to 96 ('about…	North Carolina Department of Transportation, Ferry Division (with State health officials)	July 2, 2020	North Carolina Department of Transportation, Ferry Division (with State health officials), NCDOT release, July 2, 2020: Ocracoke Express passenger ferry resumes July 3, 2020 after final approval of Senate Bill 750; passengers limited to 96 ('about half of what the vessel's certificate of occupancy allows'); face coverings strongly encouraged; groups six feet apart; no refreshments (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-052)	/library/AGY-ST-TRANSPORT-PORTS-TRANSIT-052	/exhibit/AGY-ST-TRANSPORT-PORTS-TRANSIT-052
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-102	NC Ports 'COVID-19 Business Continuity Plans' (updates of Mar. 20 and Mar. 24, 2020): all terminals on a normal schedule; Continuity of Operations Plan…	North Carolina State Ports Authority (NC Ports), an enterprise agency of the North Carolina Department of Transportation	Mar. 20, 2020	North Carolina State Ports Authority (NC Ports), an enterprise agency of the North Carolina Department of Transportation, NC Ports 'COVID-19 Business Continuity Plans' (updates of Mar. 20 and Mar. 24, 2020): all terminals on a normal schedule; Continuity of Operations Plan implemented: access to Maritime Buildings in Wilmington and Morehead City restricted to essential personnel only; security processes modified with the Coast Guard; social distancing, avoiding unnecessary travel, remote working encouraged (Mar. 20, 2020) (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-102)	/library/AGY-ST-TRANSPORT-PORTS-TRANSIT-102	/exhibit/AGY-ST-TRANSPORT-PORTS-TRANSIT-102
Ex. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	standing	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)	/library/DUT-FED-001	/exhibit/DUT-FED-001
Ex. DUT-FED-002	29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)	Congress (OSH Act § 11(c))	standing	Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)	/library/DUT-FED-002	/exhibit/DUT-FED-002
Ex. DUT-FED-003	29 C.F.R. 1910.132 (personal protective equipment, general requirements)	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)	standing	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)	/library/DUT-FED-003	/exhibit/DUT-FED-003
Ex. DUT-FED-004	29 C.F.R. 1910.134 (respiratory protection)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)	/library/DUT-FED-004	/exhibit/DUT-FED-004
Ex. DUT-FED-005	29 C.F.R. 1910.141 (sanitation)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)	/library/DUT-FED-005	/exhibit/DUT-FED-005
Ex. DUT-FED-006	29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)	/library/DUT-FED-006	/exhibit/DUT-FED-006
Ex. DUT-FED-007	29 C.F.R. 1910.1030 (bloodborne pathogens)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)	/library/DUT-FED-007	/exhibit/DUT-FED-007
Ex. DUT-FED-008	29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))	standing	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)	/library/DUT-FED-008	/exhibit/DUT-FED-008
Ex. DUT-FED-009	OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')	standing	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)	/library/DUT-FED-009	/exhibit/DUT-FED-009
Ex. DUT-FED-010	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))	standing	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)	/library/DUT-FED-010	/exhibit/DUT-FED-010
Ex. DUT-FED-011	Protecting Workers guidance, as updated August 13, 2021	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)	/library/DUT-FED-011	/exhibit/DUT-FED-011
Ex. DUT-FED-013	Guidance on Returning to Work (OSHA 4045, June 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)	/library/DUT-FED-013	/exhibit/DUT-FED-013
Ex. DUT-FED-015	Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)	standing	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)	/library/DUT-FED-015	/exhibit/DUT-FED-015
Ex. DUT-FED-016	Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)	OSHA, Denver Area Office (Inspection No. 1475131)	standing	OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)	/library/DUT-FED-016	/exhibit/DUT-FED-016
Ex. DUT-FED-017	Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)	standing	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)	/library/DUT-FED-017	/exhibit/DUT-FED-017
Ex. DUT-FED-018	Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)	OSHA, Hartford Area Office (Inspection No. 1505094)	standing	OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)	/library/DUT-FED-018	/exhibit/DUT-FED-018
Ex. DUT-FED-019	Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)	OSHA, Hartford Area Office (Inspection No. 1472908)	standing	OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)	/library/DUT-FED-019	/exhibit/DUT-FED-019
Ex. DUT-FED-020	Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)	/library/DUT-FED-020	/exhibit/DUT-FED-020
Ex. DUT-FED-021	Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)	OSHA, Avenel Area Office (Inspection No. 1480762)	standing	OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)	/library/DUT-FED-021	/exhibit/DUT-FED-021
Ex. DUT-FED-022	Citation, United States Postal Service, Washington, DC (general duty clause)	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)	standing	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)	/library/DUT-FED-022	/exhibit/DUT-FED-022
Ex. DUT-FED-023	42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)	standing	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)	/library/DUT-FED-023	/exhibit/DUT-FED-023
Ex. DUT-FED-024	42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)	Centers for Medicare & Medicaid Services (hospital condition of participation)	standing	Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)	/library/DUT-FED-024	/exhibit/DUT-FED-024
Ex. DUT-FED-025	42 U.S.C. 247d-6d (PREP Act targeted liability protections)	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)	standing	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)	/library/DUT-FED-025	/exhibit/DUT-FED-025
Ex. DUT-FED-026	Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)	standing	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)	/library/DUT-FED-026	/exhibit/DUT-FED-026
Ex. DUT-FED-027	Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190	Secretary of Health and Human Services (Alex M. Azar II)	standing	Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)	/library/DUT-FED-027	/exhibit/DUT-FED-027
Ex. DUT-FED-029	Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews	Federal Aviation Administration, Flight Standards Service (with the CDC)	standing	Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)	/library/DUT-FED-029	/exhibit/DUT-FED-029
Ex. DUT-FED-030	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)	/library/DUT-FED-030	/exhibit/DUT-FED-030
Ex. DUT-FED-031	42 U.S.C. 12113 (ADA defenses; direct threat)	Congress (Americans with Disabilities Act § 103)	standing	Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)	/library/DUT-FED-031	/exhibit/DUT-FED-031
Ex. DUT-FED-032	29 C.F.R. 1630.2(r) (definition of direct threat)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)	/library/DUT-FED-032	/exhibit/DUT-FED-032
Ex. DUT-FED-033	29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)	/library/DUT-FED-033	/exhibit/DUT-FED-033
Ex. DUT-FED-034	Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)	/library/DUT-FED-034	/exhibit/DUT-FED-034
Ex. DUT-FED-035	Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)	/library/DUT-FED-035	/exhibit/DUT-FED-035
Ex. DUT-FED-037	Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)	standing	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)	/library/DUT-FED-037	/exhibit/DUT-FED-037
Ex. DUT-FED-060	Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)	/library/DUT-FED-060	/exhibit/DUT-FED-060
Ex. DUT-FED-061	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)	/library/DUT-FED-061	/exhibit/DUT-FED-061
Ex. DUT-FED-062	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)	/library/DUT-FED-062	/exhibit/DUT-FED-062
Ex. DUT-FED-063	Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)	/library/DUT-FED-063	/exhibit/DUT-FED-063
Ex. DUT-FED-064	Considerations for Restaurants and Bars (updated May 27, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)	/library/DUT-FED-064	/exhibit/DUT-FED-064
Ex. DUT-FED-065	Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)	Federal Motor Carrier Safety Administration	standing	Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)	/library/DUT-FED-065	/exhibit/DUT-FED-065
Ex. DUT-FED-066	News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release	standing	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)	/library/DUT-FED-066	/exhibit/DUT-FED-066
Ex. DUT-FED-067	News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)	Occupational Safety and Health Administration, national news release	standing	Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)	/library/DUT-FED-067	/exhibit/DUT-FED-067
Ex. DUT-FED-069	News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)	standing	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)	/library/DUT-FED-069	/exhibit/DUT-FED-069
Ex. DUT-FED-070	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)	/library/DUT-FED-070	/exhibit/DUT-FED-070
Ex. DUT-FED-071	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)	/library/DUT-FED-071	/exhibit/DUT-FED-071
Ex. DUT-FED-072	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)	/library/DUT-FED-072	/exhibit/DUT-FED-072
Ex. DUT-FED-073	Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney	standing	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)	/library/DUT-FED-073	/exhibit/DUT-FED-073
Ex. DUT-NC-001	N.C. Gen. Stat. ch. 130A, Article 6 (Communicable Diseases), Part 1, secs. 130A-133 to 130A-148, including sec. 130A-144 (Investigation and control measures)…	General Assembly of North Carolina	standing	General Assembly of North Carolina, N.C. Gen. Stat. ch. 130A, Article 6 (Communicable Diseases), Part 1, secs. 130A-133 to 130A-148, including sec. 130A-144 (Investigation and control measures) and sec. 130A-145 (Quarantine and isolation authority) (standing) (Ex. DUT-NC-001)	/library/DUT-NC-001	/exhibit/DUT-NC-001
Ex. DUT-NC-002	N.C. Gen. Stat. ch. 130A, Article 1, secs. 130A-1 to 130A-27, including sec. 130A-2 (definitions of 'imminent hazard', 'isolation authority', 'person'…	General Assembly of North Carolina	standing	General Assembly of North Carolina, N.C. Gen. Stat. ch. 130A, Article 1, secs. 130A-1 to 130A-27, including sec. 130A-2 (definitions of 'imminent hazard', 'isolation authority', 'person', 'quarantine authority'), sec. 130A-17 (right of entry), sec. 130A-18 (injunction), sec. 130A-19 (abatement of public health nuisance), sec. 130A-20 (abatement of an imminent hazard), sec. 130A-23 (suspension and revocation of permits) and sec. 130A-25 (misdemeanor) (standing) (Ex. DUT-NC-002)	/library/DUT-NC-002	/exhibit/DUT-NC-002
Ex. DUT-NC-003	N.C. Gen. Stat. sec. 166A-19.30 (Additional powers of the Governor during state of emergency)	General Assembly of North Carolina	standing	General Assembly of North Carolina, N.C. Gen. Stat. sec. 166A-19.30 (Additional powers of the Governor during state of emergency) (standing) (Ex. DUT-NC-003)	/library/DUT-NC-003	/exhibit/DUT-NC-003
Ex. DUT-NC-004	N.C. Gen. Stat. sec. 14-288.20A (Violation of emergency prohibitions and restrictions)	General Assembly of North Carolina	standing	General Assembly of North Carolina, N.C. Gen. Stat. sec. 14-288.20A (Violation of emergency prohibitions and restrictions) (standing) (Ex. DUT-NC-004)	/library/DUT-NC-004	/exhibit/DUT-NC-004
Ex. DUT-NC-005	N.C. Gen. Stat. ch. 95, Article 16, secs. 95-126 to 95-160, including sec. 95-129 (Rights and duties of employers), sec. 95-131 (adoption of standards), sec.…	General Assembly of North Carolina	standing	General Assembly of North Carolina, N.C. Gen. Stat. ch. 95, Article 16, secs. 95-126 to 95-160, including sec. 95-129 (Rights and duties of employers), sec. 95-131 (adoption of standards), sec. 95-138 (Civil penalties) and sec. 95-139 (Criminal penalties) (standing) (Ex. DUT-NC-005)	/library/DUT-NC-005	/exhibit/DUT-NC-005
Ex. DUT-NC-006	Session Law 2020-89 (House Bill 118), An Act to Provide Limited Immunity from Liability for Claims Based on Transmission of Coronavirus Disease 2019 (COVID-19)…	General Assembly of North Carolina (ratified June 24, 2020; approved by Governor Roy Cooper July 2, 2020)	standing	General Assembly of North Carolina (ratified June 24, 2020; approved by Governor Roy Cooper July 2, 2020), Session Law 2020-89 (House Bill 118), An Act to Provide Limited Immunity from Liability for Claims Based on Transmission of Coronavirus Disease 2019 (COVID-19), enacting G.S. secs. 99E-70 to 99E-72 (COVID-19 Limited Immunity) (July 2, 2020) (Ex. DUT-NC-006)	/library/DUT-NC-006	/exhibit/DUT-NC-006
Ex. DUT-NC-007	10A NCAC 41A.0201 (Control Measures - General)	North Carolina Commission for Public Health (rule); administered by the Division of Public Health, NCDHHS, and local health directors	standing	North Carolina Commission for Public Health (rule); administered by the Division of Public Health, NCDHHS, and local health directors, 10A NCAC 41A.0201 (Control Measures - General) (standing) (Ex. DUT-NC-007)	/library/DUT-NC-007	/exhibit/DUT-NC-007
Ex. DUT-NC-008	10A NCAC 41A.0101 (Reportable Diseases and Conditions), as amended by emergency rule effective February 17, 2020 (novel coronavirus infection), temporary rule…	North Carolina Commission for Public Health	standing	North Carolina Commission for Public Health, 10A NCAC 41A.0101 (Reportable Diseases and Conditions), as amended by emergency rule effective February 17, 2020 (novel coronavirus infection), temporary rule effective April 24, 2020 and permanent rule effective July 1, 2020 (standing) (Ex. DUT-NC-008)	/library/DUT-NC-008	/exhibit/DUT-NC-008
Ex. DUT-NC-009	13 NCAC 07F.0101 (General Industry), incorporating 29 C.F.R. Part 1910 by reference; amended effective July 21, 2021 as an emergency temporary standard…	North Carolina Department of Labor, Occupational Safety and Health Division (Commissioner of Labor)	standing	North Carolina Department of Labor, Occupational Safety and Health Division (Commissioner of Labor), 13 NCAC 07F.0101 (General Industry), incorporating 29 C.F.R. Part 1910 by reference; amended effective July 21, 2021 as an emergency temporary standard (COVID-19 Healthcare ETS, 29 C.F.R. 1910.502-.509) and amended effective March 4, 2022 on the expiration of that standard (standing) (Ex. DUT-NC-009)	/library/DUT-NC-009	/exhibit/DUT-NC-009
Ex. DUT-NC-010	N.C. Gen. Stat. sec. 130A-41 (Powers and duties of local health director)	General Assembly of North Carolina	standing	General Assembly of North Carolina, N.C. Gen. Stat. sec. 130A-41 (Powers and duties of local health director) (standing) (Ex. DUT-NC-010)	/library/DUT-NC-010	/exhibit/DUT-NC-010
Ex. DUT-NC-011	N.C. Gen. Stat. sec. 130A-248 (Regulation of food and lodging establishments)	General Assembly of North Carolina	standing	General Assembly of North Carolina, N.C. Gen. Stat. sec. 130A-248 (Regulation of food and lodging establishments) (standing) (Ex. DUT-NC-011)	/library/DUT-NC-011	/exhibit/DUT-NC-011
Ex. DUT-NC-012	N.C. Gen. Stat. sec. 166A-19.31 (Power of municipalities and counties to enact ordinances to deal with states of emergency)	General Assembly of North Carolina	standing	General Assembly of North Carolina, N.C. Gen. Stat. sec. 166A-19.31 (Power of municipalities and counties to enact ordinances to deal with states of emergency) (standing) (Ex. DUT-NC-012)	/library/DUT-NC-012	/exhibit/DUT-NC-012
Ex. DUT-NC-013	15A NCAC 18A.2650 (General - Adoption by Reference): the FDA Food Code incorporated by reference as the sanitation rule for food establishments	North Carolina Commission for Public Health	standing	North Carolina Commission for Public Health, 15A NCAC 18A.2650 (General - Adoption by Reference): the FDA Food Code incorporated by reference as the sanitation rule for food establishments (standing) (Ex. DUT-NC-013)	/library/DUT-NC-013	/exhibit/DUT-NC-013
Ex. DUT-NC-014	NCDOL Safety and Health Topic page, 'COVID-19' (labor.nc.gov/coronavirus): Hazard Overview, Solutions, Regulations ('Which standards apply?'), Learn More	North Carolina Department of Labor, Occupational Safety and Health Division	standing	North Carolina Department of Labor, Occupational Safety and Health Division, NCDOL Safety and Health Topic page, 'COVID-19' (labor.nc.gov/coronavirus): Hazard Overview, Solutions, Regulations ('Which standards apply?'), Learn More (standing) (Ex. DUT-NC-014)	/library/DUT-NC-014	/exhibit/DUT-NC-014
Ex. DUT-NC-015	NCDOL OSH Division Memo COV 5A, 'Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)' (dated March 24, 2022, updating the…	North Carolina Department of Labor, Occupational Safety and Health Division (Scott Mabry, Assistant Deputy Commissioner; Commissioner Josh Dobson)	standing	North Carolina Department of Labor, Occupational Safety and Health Division (Scott Mabry, Assistant Deputy Commissioner; Commissioner Josh Dobson), NCDOL OSH Division Memo COV 5A, 'Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)' (dated March 24, 2022, updating the Division's adoption of OSHA's memorandum of July 7, 2021, attached), with the attached federal memorandum (Mar. 24, 2022) (Ex. DUT-NC-015)	/library/DUT-NC-015	/exhibit/DUT-NC-015
Ex. DUT-NC-016	NCDOL OSH Division Memo, 'Repeal - Healthcare Emergency Temporary Standard on Occupational Exposure to COVID-19' (March 30, 2022)	North Carolina Department of Labor, Occupational Safety and Health Division (Scott Mabry, Assistant Deputy Commissioner; Commissioner Josh Dobson)	standing	North Carolina Department of Labor, Occupational Safety and Health Division (Scott Mabry, Assistant Deputy Commissioner; Commissioner Josh Dobson), NCDOL OSH Division Memo, 'Repeal - Healthcare Emergency Temporary Standard on Occupational Exposure to COVID-19' (March 30, 2022) (Mar. 30, 2022) (Ex. DUT-NC-016)	/library/DUT-NC-016	/exhibit/DUT-NC-016
Ex. DUT-NC-017	Kinsley v. Ace Speedway Racing, Ltd., No. 280PA22 (N.C. Aug. 23, 2024), affirming 284 N.C. App. 665 (2022)	Supreme Court of North Carolina	standing	Supreme Court of North Carolina, Kinsley v. Ace Speedway Racing, Ltd., No. 280PA22 (N.C. Aug. 23, 2024), affirming 284 N.C. App. 665 (2022) (Ex. DUT-NC-017)	/library/DUT-NC-017	/exhibit/DUT-NC-017
Ex. DUT-NC-018	Kinsley v. Ace Speedway Racing, Ltd., 2022-NCCOA-524, No. COA21-428 (N.C. Ct. App. Aug. 2, 2022)	Court of Appeals of North Carolina	standing	Court of Appeals of North Carolina, Kinsley v. Ace Speedway Racing, Ltd., 2022-NCCOA-524, No. COA21-428 (N.C. Ct. App. Aug. 2, 2022) (Ex. DUT-NC-018)	/library/DUT-NC-018	/exhibit/DUT-NC-018
Ex. DUT-NC-019	North Carolina Bar and Tavern Ass'n v. Stein, No. 126PA24 (N.C. Aug. 22, 2025), on review of 293 N.C. App. 402 (2024)	Supreme Court of North Carolina	standing	Supreme Court of North Carolina, North Carolina Bar and Tavern Ass'n v. Stein, No. 126PA24 (N.C. Aug. 22, 2025), on review of 293 N.C. App. 402 (2024) (Ex. DUT-NC-019)	/library/DUT-NC-019	/exhibit/DUT-NC-019
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-002	Notice of February 24, 2021	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)	/library/FED-002	/exhibit/FED-002
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-011	Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)	Alex M. Azar II, Secretary of HHS	Apr. 21, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)	/library/FED-011	/exhibit/FED-011
Ex. FED-012	Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)	Alex M. Azar II, Secretary of HHS	July 23, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)	/library/FED-012	/exhibit/FED-012
Ex. FED-013	Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)	Alex M. Azar II, Secretary of HHS	Oct. 2, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)	/library/FED-013	/exhibit/FED-013
Ex. FED-014	Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)	Alex M. Azar II, Secretary of HHS	Jan. 7, 2021	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)	/library/FED-014	/exhibit/FED-014
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-022	CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)	Sept. 1, 2020	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)	/library/FED-022	/exhibit/FED-022
Ex. FED-023	CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)	Centers for Disease Control and Prevention, HHS	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)	/library/FED-023	/exhibit/FED-023
Ex. FED-024	CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)	Centers for Disease Control and Prevention, HHS	Mar. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)	/library/FED-024	/exhibit/FED-024
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-027	CDC No Sail Order and Suspension of Further Embarkation	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 14, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	/library/FED-027	/exhibit/FED-027
Ex. FED-028	No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)	Centers for Disease Control and Prevention, HHS	Apr. 9, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	/library/FED-028	/exhibit/FED-028
Ex. FED-029	No Sail Order; Second Modification and Extension (July 16, 2020)	Centers for Disease Control and Prevention, HHS	July 16, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)	/library/FED-029	/exhibit/FED-029
Ex. FED-030	No Sail Order; Third Modification and Extension (Sept. 30, 2020)	Centers for Disease Control and Prevention, HHS	Sept. 30, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	/library/FED-030	/exhibit/FED-030
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-036	Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)	Centers for Disease Control and Prevention, HHS	May 19, 2020	Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)	/library/FED-036	/exhibit/FED-036
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-039	Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…	Centers for Disease Control and Prevention, HHS	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)	/library/FED-039	/exhibit/FED-039
Ex. FED-040	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom	Centers for Disease Control and Prevention, HHS	Dec. 25, 2020	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)	/library/FED-040	/exhibit/FED-040
Ex. FED-041	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…	Centers for Disease Control and Prevention, HHS	Jan. 12, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)	/library/FED-041	/exhibit/FED-041
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-048	Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…	Centers for Disease Control and Prevention, HHS	Sept. 11, 2020	Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)	/library/FED-048	/exhibit/FED-048
Ex. FED-050	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)	Jan. 31, 2021	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	/library/FED-050	/exhibit/FED-050
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-055	Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	/library/FED-055	/exhibit/FED-055
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-061	Executive Order 13998	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)	/library/FED-061	/exhibit/FED-061
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-066	Executive Order 13945	President Donald J. Trump	Aug. 8, 2020	President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)	/library/FED-066	/exhibit/FED-066
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-071	Executive Order 13910	President Donald J. Trump	Mar. 23, 2020	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	/library/FED-071	/exhibit/FED-071
Ex. FED-073	Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)	President Donald J. Trump	Apr. 28, 2020	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	/library/FED-073	/exhibit/FED-073
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-075	Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use	Federal Emergency Management Agency, DHS	Apr. 7, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)	/library/FED-075	/exhibit/FED-075
Ex. FED-076	Notification of Exemptions to the PPE allocation rule	Federal Emergency Management Agency, DHS	Apr. 17, 2020	Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)	/library/FED-076	/exhibit/FED-076
Ex. FED-077	Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)	Federal Emergency Management Agency, DHS	Aug. 10, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)	/library/FED-077	/exhibit/FED-077
Ex. FED-078	Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)	Federal Emergency Management Agency, DHS	Dec. 31, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)	/library/FED-078	/exhibit/FED-078
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-088	Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)	OSHA, U.S. Department of Labor	Mar. 9, 2020	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	/library/FED-088	/exhibit/FED-088
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-091	CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)	Centers for Medicare & Medicaid Services, HHS	May 1, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	/library/FED-091	/exhibit/FED-091
Ex. FED-092	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	Centers for Medicare & Medicaid Services, HHS	Sept. 2, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	/library/FED-092	/exhibit/FED-092
Ex. FED-093	CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)	Nov. 2, 2020	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	/library/FED-093	/exhibit/FED-093
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-097	QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 13, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	/library/FED-097	/exhibit/FED-097
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-104	FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	/library/FED-104	/exhibit/FED-104
Ex. FED-109	FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)	/library/FED-109	/exhibit/FED-109
Ex. FED-113	FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 26, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)	/library/FED-113	/exhibit/FED-113
Ex. FED-115	FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 23, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)	/library/FED-115	/exhibit/FED-115
Ex. FED-118	FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 24, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)	/library/FED-118	/exhibit/FED-118
Ex. FED-130	FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)	/library/FED-130	/exhibit/FED-130
Ex. FED-132	FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 20, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	/library/FED-132	/exhibit/FED-132
Ex. FED-133	FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)	/library/FED-133	/exhibit/FED-133
Ex. FED-143	FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)	/library/FED-143	/exhibit/FED-143
Ex. FED-147	FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	/library/FED-147	/exhibit/FED-147
Ex. FED-150	FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Apr. 11, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)	/library/FED-150	/exhibit/FED-150
Ex. FED-154	QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)	CMS, Quality, Safety & Oversight Group	Sept. 17, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	/library/FED-154	/exhibit/FED-154
Ex. FED-155	QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19	CMS, Quality, Safety & Oversight Group	Mar. 10, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	/library/FED-155	/exhibit/FED-155
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-157	QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)	CMS, Quality, Safety & Oversight Group	May 18, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	/library/FED-157	/exhibit/FED-157
Ex. FED-158	CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…	Centers for Medicare & Medicaid Services, HHS	Apr. 7, 2020	Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)	/library/FED-158	/exhibit/FED-158
Ex. FED-159	CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)	Centers for Medicare & Medicaid Services, HHS	Apr. 19, 2020	Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)	/library/FED-159	/exhibit/FED-159
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-164	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)	/library/FED-164	/exhibit/FED-164
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-170	Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…	Congress (Pub. L. 116-127); approved by the President	Mar. 18, 2020	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	/library/FED-170	/exhibit/FED-170
Ex. FED-171	Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826	Wage and Hour Division, U.S. Department of Labor	Apr. 1, 2020	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	/library/FED-171	/exhibit/FED-171
Ex. FED-172	Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)	Wage and Hour Division, U.S. Department of Labor	Sept. 11, 2020	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	/library/FED-172	/exhibit/FED-172
Ex. FED-173	Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…	Congress (Pub. L. 116-260)	Dec. 27, 2020	Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)	/library/FED-173	/exhibit/FED-173
Ex. FED-174	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…	Congress (Pub. L. 117-2); approved by the President	Mar. 11, 2021	Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)	/library/FED-174	/exhibit/FED-174
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	/library/FED-182	/exhibit/FED-182
Ex. FED-183	Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices	Secretary of Health and Human Services	Mar. 24, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)	/library/FED-183	/exhibit/FED-183
Ex. FED-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	/library/FED-184	/exhibit/FED-184
Ex. FED-185	Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)	Dec. 11, 2020	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	/library/FED-185	/exhibit/FED-185
Ex. FED-186	Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)	Food and Drug Administration, HHS	Dec. 18, 2020	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	/library/FED-186	/exhibit/FED-186
Ex. FED-187	Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)	Food and Drug Administration, HHS	Feb. 27, 2021	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	/library/FED-187	/exhibit/FED-187
Ex. FED-190	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)	/library/FED-190	/exhibit/FED-190
Ex. FED-191	30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)	The President and the White House Coronavirus Task Force	Mar. 31, 2020	The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)	/library/FED-191	/exhibit/FED-191
Ex. FED-192	Guidelines for Opening Up America Again (Apr. 16, 2020)	The President and the White House Coronavirus Task Force	Apr. 16, 2020	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	/library/FED-192	/exhibit/FED-192
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-202	Proclamation 9993	President Donald J. Trump	Mar. 11, 2020	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	/library/FED-202	/exhibit/FED-202
Ex. FED-203	Proclamation 9996	President Donald J. Trump	Mar. 14, 2020	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	/library/FED-203	/exhibit/FED-203
Ex. FED-204	Proclamation 10041	President Donald J. Trump	May 24, 2020	President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)	/library/FED-204	/exhibit/FED-204
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-210	Proclamation 10014	President Donald J. Trump	Apr. 22, 2020	President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)	/library/FED-210	/exhibit/FED-210
Ex. FED-211	Proclamation 10052	President Donald J. Trump	June 22, 2020	President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)	/library/FED-211	/exhibit/FED-211
Ex. FED-212	Proclamation 10054	President Donald J. Trump	June 29, 2020	President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)	/library/FED-212	/exhibit/FED-212
Ex. FED-213	Proclamation 10131	President Donald J. Trump	Dec. 31, 2020	President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)	/library/FED-213	/exhibit/FED-213
Ex. FED-214	Proclamation 10149	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)	/library/FED-214	/exhibit/FED-214
Ex. FED-216	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection	Mar. 24, 2020	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)	/library/FED-216	/exhibit/FED-216
Ex. FED-217	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)	/library/FED-217	/exhibit/FED-217
Ex. FED-219	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)	/library/FED-219	/exhibit/FED-219
Ex. FED-222	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)	/library/FED-222	/exhibit/FED-222
Ex. FED-225	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)	/library/FED-225	/exhibit/FED-225
Ex. FED-226	Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)	/library/FED-226	/exhibit/FED-226
Ex. FED-229	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)	/library/FED-229	/exhibit/FED-229
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-239	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…	DHS (Acting Secretary Chad F. Wolf), with CBP	Mar. 24, 2020	DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)	/library/FED-239	/exhibit/FED-239
Ex. FED-240	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)	/library/FED-240	/exhibit/FED-240
Ex. FED-242	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)	/library/FED-242	/exhibit/FED-242
Ex. FED-245	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)	/library/FED-245	/exhibit/FED-245
Ex. FED-248	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)	/library/FED-248	/exhibit/FED-248
Ex. FED-249	Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)	/library/FED-249	/exhibit/FED-249
Ex. FED-252	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)	/library/FED-252	/exhibit/FED-252
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-264	OMB Memorandum M-20-16	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 17, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)	/library/FED-264	/exhibit/FED-264
Ex. FED-265	OMB Memorandum M-20-17	Office of Management and Budget	Mar. 19, 2020	Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)	/library/FED-265	/exhibit/FED-265
Ex. FED-266	OMB Memorandum M-20-18	Office of Management and Budget (Deputy Director for Management)	Mar. 20, 2020	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	/library/FED-266	/exhibit/FED-266
Ex. FED-267	OMB Memorandum M-20-19	Office of Management and Budget	Mar. 22, 2020	Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)	/library/FED-267	/exhibit/FED-267
Ex. FED-268	OMB/OPM Memorandum M-20-23	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)	Apr. 20, 2020	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	/library/FED-268	/exhibit/FED-268
Ex. FED-270	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	/library/FED-271	/exhibit/FED-271
Ex. FED-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)	/library/FED-272	/exhibit/FED-272
Ex. FED-274	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)	/library/FED-274	/exhibit/FED-274
Ex. FED-275	Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)	/library/FED-278	/exhibit/FED-278
Ex. FED-279	Order of March 16, 2020 (COVID-19 building access)	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)	Mar. 16, 2020	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)	/library/FED-279	/exhibit/FED-279
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	/library/FED-280	/exhibit/FED-280
Ex. FED-281	Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019	Deputy Secretary of Defense David L. Norquist	Mar. 13, 2020	Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)	/library/FED-281	/exhibit/FED-281
Ex. FED-282	Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions	Secretary of Defense Mark T. Esper	Apr. 20, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)	/library/FED-282	/exhibit/FED-282
Ex. FED-283	Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…	Secretary of Defense Mark T. Esper	May 22, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)	/library/FED-283	/exhibit/FED-283
Ex. FED-284	Order of the Chief Judge No. 20-042	Chief Judge Virginia A. Phillips	Mar. 19, 2020	Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)	/library/FED-284	/exhibit/FED-284
Ex. FED-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	/library/FED-285	/exhibit/FED-285
Ex. FED-286	General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)	Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)	/library/FED-286	/exhibit/FED-286
Ex. FED-288	General Order 2020-8	Chief Judge Philip A. Brimmer	May 6, 2020	Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)	/library/FED-288	/exhibit/FED-288
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	/library/FED-290
Ex. FED-291	Press release of March 16, 2020 (postponement of the March 2020 argument session)	Supreme Court of the United States (Public Information Office)	Mar. 16, 2020	Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)	/library/FED-291	/exhibit/FED-291
Ex. FED-292	Order of March 19, 2020, 589 U.S. (Order List)	Supreme Court of the United States	Mar. 19, 2020	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	/library/FED-292	/exhibit/FED-292
Ex. FED-293	Press release of April 3, 2020 (postponement of the April 2020 argument session)	Supreme Court of the United States (Public Information Office)	Apr. 3, 2020	Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)	/library/FED-293	/exhibit/FED-293
Ex. FED-294	Press release of April 13, 2020 (telephone arguments in May 2020)	Supreme Court of the United States (Public Information Office)	Apr. 13, 2020	Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)	/library/FED-294	/exhibit/FED-294
Ex. FED-295	Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020	Mar. 29, 2020	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)	/library/FED-295	/exhibit/FED-295
Ex. FED-296	Tenth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Feb. 12, 2021	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	/library/FED-296	/exhibit/FED-296
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	/library/FED-297	/exhibit/FED-297
Ex. FED-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)	/library/FED-298	/exhibit/FED-298
Ex. FED-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)	/library/FED-299	/exhibit/FED-299
Ex. FED-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)	/library/FED-300	/exhibit/FED-300
Ex. FED-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-303	Standing Order 20-17	Chief Judge Freda L. Wolfson	Nov. 25, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	/library/FED-303	/exhibit/FED-303
Ex. FED-304	Third Extension of Standing Order 20-12	Chief Judge Freda L. Wolfson	Dec. 17, 2020	Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)	/library/FED-304	/exhibit/FED-304
Ex. FED-305	Standing Order 21-02	Chief Judge Freda L. Wolfson	Mar. 17, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	/library/FED-305	/exhibit/FED-305
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-310	Second Amended Standing Order 2020-02	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)	/library/FED-310	/exhibit/FED-310
Ex. FED-311	Standing Order 2020-04	Chief Judge James K. Bredar	Mar. 16, 2020	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	/library/FED-311	/exhibit/FED-311
Ex. FED-312	Standing Order 2020-05	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)	/library/FED-312	/exhibit/FED-312
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-316	Fourth Amendment to General Order 20-01	Chief Judge Thomas W. Thrash, Jr.	July 31, 2020	Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)	/library/FED-316	/exhibit/FED-316
Ex. FED-317	General Order 72	Chief Judge Phyllis J. Hamilton	Mar. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)	/library/FED-317	/exhibit/FED-317
Ex. FED-318	General Order 72-2	Chief Judge Phyllis J. Hamilton	Apr. 30, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)	/library/FED-318	/exhibit/FED-318
Ex. FED-319	Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…	U.S. Department of State, Bureau of Consular Affairs	Mar. 26, 2020	U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)	/library/FED-319
Ex. FED-320	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services	Apr. 20, 2020	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)	/library/FED-320	/exhibit/FED-320
Ex. FED-321	Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)	U.S. Department of Homeland Security, USCIS	May 14, 2020	U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)	/library/FED-321	/exhibit/FED-321
Ex. FED-322	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…	DHS, USCIS	Aug. 20, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)	/library/FED-322	/exhibit/FED-322
Ex. FED-323	Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…	DHS, USCIS	Dec. 18, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)	/library/FED-323	/exhibit/FED-323
Ex. FED-324	USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020	U.S. Citizenship and Immigration Services	Mar. 17, 2020	U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)	/library/FED-324	/exhibit/FED-324
Ex. FED-325	USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4	U.S. Citizenship and Immigration Services	May 27, 2020	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	/library/FED-325	/exhibit/FED-325
Ex. FED-327	Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)	U.S. Department of State, Bureau of Consular Affairs	Mar. 20, 2020	U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)	/library/FED-327	/exhibit/FED-327
Ex. FED-328	Phased Resumption of Routine Visa Services (announcement of July 14, 2020)	U.S. Department of State, Bureau of Consular Affairs	July 14, 2020	U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)	/library/FED-328	/exhibit/FED-328
Ex. FED-331	General Order 72-4	Chief Judge Phyllis J. Hamilton	June 24, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)	/library/FED-331	/exhibit/FED-331
Ex. FED-332	General Order 72-5	Chief Judge Phyllis J. Hamilton	July 23, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)	/library/FED-332	/exhibit/FED-332
Ex. FED-333	General Order 72-6	Chief Judge Phyllis J. Hamilton	Sept. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	/library/FED-333	/exhibit/FED-333
Ex. FED-334	General Order 73 (Amended May 21, 2020)	Chief Judge Phyllis J. Hamilton	May 21, 2020	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	/library/FED-334	/exhibit/FED-334
Ex. FED-336	General Order 77	Chief Judge Phyllis J. Hamilton	June 9, 2020	Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)	/library/FED-336	/exhibit/FED-336
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-338	General Order 20-0012 (original)	Chief Judge Rebecca R. Pallmeyer	Mar. 12, 2020	Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)	/library/FED-338	/exhibit/FED-338
Ex. FED-339	Eighth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Nov. 13, 2020	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	/library/FED-339	/exhibit/FED-339
Ex. FED-340	CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…	Congress (Pub. L. 116-136, signed Mar. 27, 2020)	Mar. 27, 2020	Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)	/library/FED-340	/exhibit/FED-340
Ex. FED-342	Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors	Apr. 7, 2020	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)	/library/FED-342	/exhibit/FED-342
Ex. FED-343	Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…	Bureau of Consumer Financial Protection	June 30, 2020	Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)	/library/FED-343	/exhibit/FED-343
Ex. FED-344	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…	Bureau of Consumer Financial Protection	June 25, 2021	Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)	/library/FED-344	/exhibit/FED-344
Ex. FED-345	Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)	President Donald J. Trump (Memorandum for the Secretary of Education)	Aug. 8, 2020	President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)	/library/FED-345	/exhibit/FED-345
Ex. FED-346	FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac	Mar. 18, 2020	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)	/library/FED-346	/exhibit/FED-346
Ex. FED-348	FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)	Federal Housing Finance Agency	June 17, 2020	Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)	/library/FED-348	/exhibit/FED-348
Ex. FED-349	FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)	Federal Housing Finance Agency	Aug. 27, 2020	Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)	/library/FED-349	/exhibit/FED-349
Ex. FED-350	FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)	Federal Housing Finance Agency	Dec. 2, 2020	Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)	/library/FED-350	/exhibit/FED-350
Ex. FED-353	FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…	Federal Housing Finance Agency	Feb. 25, 2021	Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)	/library/FED-353	/exhibit/FED-353
Ex. FED-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)	/library/FED-354	/exhibit/FED-354
Ex. FED-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)	/library/FED-355	/exhibit/FED-355
Ex. FED-356	Mortgagee Letter 2020-04	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)	Mar. 18, 2020	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)	/library/FED-356	/exhibit/FED-356
Ex. FED-359	Mortgagee Letter 2020-19	HUD, Federal Housing Administration	June 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)	/library/FED-359
Ex. FED-360	Mortgagee Letter 2020-27	HUD, Federal Housing Administration	Aug. 27, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)	/library/FED-360	/exhibit/FED-360
Ex. FED-361	Mortgagee Letter 2020-43	HUD, Federal Housing Administration	Dec. 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)	/library/FED-361	/exhibit/FED-361
Ex. FED-362	Mortgagee Letter 2021-03	HUD, Federal Housing Administration	Jan. 21, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)	/library/FED-362	/exhibit/FED-362
Ex. FED-363	Mortgagee Letter 2021-05	HUD, Federal Housing Administration	Feb. 16, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)	/library/FED-363	/exhibit/FED-363
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-367	Circular 26-20-7	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service	Mar. 16, 2020	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	/library/FED-367	/exhibit/FED-367
Ex. FED-368	Circular 26-20-8	VA, Loan Guaranty Service	Mar. 18, 2020	VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)	/library/FED-368	/exhibit/FED-368
Ex. FED-369	Circular 26-20-12	VA, Loan Guaranty Service	Apr. 8, 2020	VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)	/library/FED-369	/exhibit/FED-369
Ex. FED-371	Circular 26-20-22	VA, Loan Guaranty Service	June 17, 2020	VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)	/library/FED-371	/exhibit/FED-371
Ex. FED-372	Circular 26-20-23	VA, Loan Guaranty Service	June 18, 2020	VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)	/library/FED-372	/exhibit/FED-372
Ex. FED-373	Circular 26-20-29	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)	/library/FED-373	/exhibit/FED-373
Ex. FED-374	Circular 26-20-30	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)	/library/FED-374	/exhibit/FED-374
Ex. FED-375	Circular 26-20-40	VA, Loan Guaranty Service	Dec. 28, 2020	VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)	/library/FED-375	/exhibit/FED-375
Ex. FED-376	Circular 26-21-2	VA, Loan Guaranty Service	Jan. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)	/library/FED-376	/exhibit/FED-376
Ex. FED-377	Circular 26-21-5	VA, Loan Guaranty Service	Feb. 16, 2021	VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)	/library/FED-377
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-381	USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…	U.S. Department of Agriculture, Rural Development	Mar. 19, 2020	U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)	/library/FED-381
Ex. FED-382	USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…	USDA Rural Development	Dec. 28, 2020	USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)	/library/FED-382
Ex. FED-384	USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…	USDA Rural Development (with the White House announcement of June 24, 2021)	June 24, 2021	USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)	/library/FED-384
Ex. FED-385	USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)	July 30, 2021	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)	/library/FED-385	/exhibit/FED-385
Ex. FED-386	Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…	Secretary of the Interior David L. Bernhardt	Mar. 22, 2020	Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)	/library/FED-386	/exhibit/FED-386
Ex. FED-387	NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…	Secretary of the Interior David L. Bernhardt; National Park Service	Mar. 18, 2020	Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)	/library/FED-387	/exhibit/FED-387
Ex. FED-389	BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon	Bureau of Land Management, Oregon/Washington State Office and District Managers	Mar. 27, 2020	Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)	/library/FED-389	/exhibit/FED-389
Ex. FED-390	Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors	Bureau of Reclamation	Mar. 17, 2020	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	/library/FED-390	/exhibit/FED-390
Ex. FED-391	USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only	U.S. Department of Agriculture, Farm Production and Conservation mission area	Mar. 23, 2020	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	/library/FED-391
Ex. FED-393	USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…	U.S. Army Corps of Engineers Headquarters and district commanders	Mar. 17, 2020	U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)	/library/FED-393
Ex. FED-396	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)	/library/FED-396	/exhibit/FED-396
Ex. FED-398	H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)	May 15, 2020	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	/library/FED-398	/exhibit/FED-398
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)	/library/LAW-001	/exhibit/LAW-001
Ex. LAW-002	Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…	United States Congress	Dec. 27, 2020	United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)	/library/LAW-002	/exhibit/LAW-002
Ex. LAW-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)	/library/LAW-003	/exhibit/LAW-003
Ex. LAW-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)	/library/LAW-004	/exhibit/LAW-004
Ex. NC-001	Executive Order No. 116	Governor Roy Cooper	Mar. 10, 2020	Governor Roy Cooper, Executive Order No. 116 (Mar. 10, 2020) (Ex. NC-001)	/library/NC-001	/exhibit/NC-001
Ex. NC-002	Executive Order No. 117	Governor Roy Cooper	Mar. 14, 2020	Governor Roy Cooper, Executive Order No. 117 (Mar. 14, 2020) (Ex. NC-002)	/library/NC-002	/exhibit/NC-002
Ex. NC-003	Executive Order No. 118	Governor Roy Cooper	Mar. 17, 2020	Governor Roy Cooper, Executive Order No. 118 (Mar. 17, 2020) (Ex. NC-003)	/library/NC-003	/exhibit/NC-003
Ex. NC-004	Executive Order No. 120	Governor Roy Cooper	Mar. 23, 2020	Governor Roy Cooper, Executive Order No. 120 (Mar. 23, 2020) (Ex. NC-004)	/library/NC-004	/exhibit/NC-004
Ex. NC-005	Executive Order No. 121	Governor Roy Cooper	Mar. 27, 2020	Governor Roy Cooper, Executive Order No. 121 (Mar. 27, 2020) (Ex. NC-005)	/library/NC-005	/exhibit/NC-005
Ex. NC-006	Executive Order No. 124	Governor Roy Cooper	Mar. 31, 2020	Governor Roy Cooper, Executive Order No. 124 (Mar. 31, 2020) (Ex. NC-006)	/library/NC-006	/exhibit/NC-006
Ex. NC-007	Executive Order No. 130	Governor Roy Cooper	Apr. 8, 2020	Governor Roy Cooper, Executive Order No. 130 (Apr. 8, 2020) (Ex. NC-007)	/library/NC-007	/exhibit/NC-007
Ex. NC-008	Executive Order No. 131	Governor Roy Cooper	Apr. 9, 2020	Governor Roy Cooper, Executive Order No. 131 (Apr. 9, 2020) (Ex. NC-008)	/library/NC-008	/exhibit/NC-008
Ex. NC-009	Executive Order No. 135	Governor Roy Cooper	Apr. 23, 2020	Governor Roy Cooper, Executive Order No. 135 (Apr. 23, 2020) (Ex. NC-009)	/library/NC-009	/exhibit/NC-009
Ex. NC-010	Executive Order No. 138	Governor Roy Cooper	May 5, 2020	Governor Roy Cooper, Executive Order No. 138 (May 5, 2020) (Ex. NC-010)	/library/NC-010	/exhibit/NC-010
Ex. NC-011	Executive Order No. 141	Governor Roy Cooper	May 20, 2020	Governor Roy Cooper, Executive Order No. 141 (May 20, 2020) (Ex. NC-011)	/library/NC-011	/exhibit/NC-011
Ex. NC-012	Executive Order No. 142	Governor Roy Cooper	May 30, 2020	Governor Roy Cooper, Executive Order No. 142 (May 30, 2020) (Ex. NC-012)	/library/NC-012	/exhibit/NC-012
Ex. NC-013	Executive Order No. 147	Governor Roy Cooper	June 24, 2020	Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. NC-013)	/library/NC-013	/exhibit/NC-013
Ex. NC-014	Executive Order No. 151	Governor Roy Cooper	July 16, 2020	Governor Roy Cooper, Executive Order No. 151 (July 16, 2020) (Ex. NC-014)	/library/NC-014	/exhibit/NC-014
Ex. NC-015	Executive Order No. 153	Governor Roy Cooper	July 28, 2020	Governor Roy Cooper, Executive Order No. 153 (July 28, 2020) (Ex. NC-015)	/library/NC-015	/exhibit/NC-015
Ex. NC-016	Executive Order No. 155	Governor Roy Cooper	Aug. 5, 2020	Governor Roy Cooper, Executive Order No. 155 (Aug. 5, 2020) (Ex. NC-016)	/library/NC-016	/exhibit/NC-016
Ex. NC-017	Executive Order No. 163	Governor Roy Cooper	Aug. 31, 2020	Governor Roy Cooper, Executive Order No. 163 (Aug. 31, 2020) (Ex. NC-017)	/library/NC-017	/exhibit/NC-017
Ex. NC-018	Executive Order No. 169	Governor Roy Cooper	Sept. 30, 2020	Governor Roy Cooper, Executive Order No. 169 (Sept. 30, 2020) (Ex. NC-018)	/library/NC-018	/exhibit/NC-018
Ex. NC-019	Executive Order No. 170	Governor Roy Cooper	Oct. 21, 2020	Governor Roy Cooper, Executive Order No. 170 (Oct. 21, 2020) (Ex. NC-019)	/library/NC-019	/exhibit/NC-019
Ex. NC-020	Executive Order No. 171	Governor Roy Cooper	Oct. 28, 2020	Governor Roy Cooper, Executive Order No. 171 (Oct. 28, 2020) (Ex. NC-020)	/library/NC-020	/exhibit/NC-020
Ex. NC-021	Executive Order No. 176	Governor Roy Cooper	Nov. 10, 2020	Governor Roy Cooper, Executive Order No. 176 (Nov. 10, 2020) (Ex. NC-021)	/library/NC-021	/exhibit/NC-021
Ex. NC-022	Executive Order No. 180	Governor Roy Cooper	Nov. 23, 2020	Governor Roy Cooper, Executive Order No. 180 (Nov. 23, 2020) (Ex. NC-022)	/library/NC-022	/exhibit/NC-022
Ex. NC-023	Executive Order No. 181	Governor Roy Cooper	Dec. 8, 2020	Governor Roy Cooper, Executive Order No. 181 (Dec. 8, 2020) (Ex. NC-023)	/library/NC-023	/exhibit/NC-023
Ex. NC-024	Executive Order No. 188	Governor Roy Cooper	Jan. 6, 2021	Governor Roy Cooper, Executive Order No. 188 (Jan. 6, 2021) (Ex. NC-024)	/library/NC-024	/exhibit/NC-024
Ex. NC-025	Executive Order No. 189	Governor Roy Cooper	Jan. 27, 2021	Governor Roy Cooper, Executive Order No. 189 (Jan. 27, 2021) (Ex. NC-025)	/library/NC-025	/exhibit/NC-025
Ex. NC-026	Executive Order No. 195	Governor Roy Cooper	Feb. 24, 2021	Governor Roy Cooper, Executive Order No. 195 (Feb. 24, 2021) (Ex. NC-026)	/library/NC-026	/exhibit/NC-026
Ex. NC-027	Executive Order No. 204	Governor Roy Cooper	Mar. 23, 2021	Governor Roy Cooper, Executive Order No. 204 (Mar. 23, 2021) (Ex. NC-027)	/library/NC-027	/exhibit/NC-027
Ex. NC-028	Executive Order No. 209	Governor Roy Cooper	Apr. 28, 2021	Governor Roy Cooper, Executive Order No. 209 (Apr. 28, 2021) (Ex. NC-028)	/library/NC-028	/exhibit/NC-028
Ex. NC-029	Executive Order No. 215	Governor Roy Cooper	May 14, 2021	Governor Roy Cooper, Executive Order No. 215 (May 14, 2021) (Ex. NC-029)	/library/NC-029	/exhibit/NC-029
Ex. NC-030	Executive Order No. 220	Governor Roy Cooper	June 11, 2021	Governor Roy Cooper, Executive Order No. 220 (June 11, 2021) (Ex. NC-030)	/library/NC-030	/exhibit/NC-030
Ex. NC-031	Executive Order No. 224	Governor Roy Cooper	July 29, 2021	Governor Roy Cooper, Executive Order No. 224 (July 29, 2021) (Ex. NC-031)	/library/NC-031	/exhibit/NC-031
Ex. NC-032	S.L. 2021-130, sec. 10	General Assembly of North Carolina	Aug. 30, 2021	General Assembly of North Carolina, S.L. 2021-130, sec. 10 (Aug. 30, 2021) (Ex. NC-032)	/library/NC-032	/exhibit/NC-032
Ex. NC-033	S.L. 2021-4	General Assembly of North Carolina	Mar. 11, 2021	General Assembly of North Carolina, S.L. 2021-4 (Mar. 11, 2021) (Ex. NC-033)	/library/NC-033	/exhibit/NC-033
Ex. NC-034	S.L. 2020-3, secs. 2.10, 2.11, 4.7	General Assembly of North Carolina	May 4, 2020	General Assembly of North Carolina, S.L. 2020-3, secs. 2.10, 2.11, 4.7 (May 4, 2020) (Ex. NC-034)	/library/NC-034	/exhibit/NC-034
Ex. NC-035	Executive Order No. 162	Governor Roy Cooper	Aug. 31, 2020	Governor Roy Cooper, Executive Order No. 162 (Aug. 31, 2020) (Ex. NC-035)	/library/NC-035	/exhibit/NC-035
Ex. NC-036	Executive Order No. 183	Governor Roy Cooper	Dec. 21, 2020	Governor Roy Cooper, Executive Order No. 183 (Dec. 21, 2020) (Ex. NC-036)	/library/NC-036	/exhibit/NC-036
Ex. NC-037	Executive Order No. 184	Governor Roy Cooper	Dec. 30, 2020	Governor Roy Cooper, Executive Order No. 184 (Dec. 30, 2020) (Ex. NC-037)	/library/NC-037	/exhibit/NC-037
Ex. NC-038	Executive Order No. 206	Governor Roy Cooper	Mar. 30, 2021	Governor Roy Cooper, Executive Order No. 206 (Mar. 30, 2021) (Ex. NC-038)	/library/NC-038	/exhibit/NC-038
Ex. NC-039	Executive Order No. 119	Governor Roy Cooper	Mar. 20, 2020	Governor Roy Cooper, Executive Order No. 119 (Mar. 20, 2020) (Ex. NC-039)	/library/NC-039	/exhibit/NC-039
Ex. NC-040	Executive Order No. 133	Governor Roy Cooper	Apr. 17, 2020	Governor Roy Cooper, Executive Order No. 133 (Apr. 17, 2020) (Ex. NC-040)	/library/NC-040	/exhibit/NC-040
Ex. NC-041	Executive Order No. 139	Governor Roy Cooper	May 12, 2020	Governor Roy Cooper, Executive Order No. 139 (May 12, 2020) (Ex. NC-041)	/library/NC-041	/exhibit/NC-041
Ex. NC-042	Executive Order No. 144	Governor Roy Cooper	June 5, 2020	Governor Roy Cooper, Executive Order No. 144 (June 5, 2020) (Ex. NC-042)	/library/NC-042	/exhibit/NC-042
Ex. NC-043	Order of the Commissioner of Insurance and Bulletin 20-B-06	Commissioner of Insurance Mike Causey	Mar. 27, 2020	Commissioner of Insurance Mike Causey, Order of the Commissioner of Insurance and Bulletin 20-B-06 (Mar. 27, 2020) (Ex. NC-043)	/library/NC-043	/exhibit/NC-043
Ex. NC-044	Board statement on dental practices and COVID-19 (March 16, 2020)	North Carolina State Board of Dental Examiners	Mar. 16, 2020	North Carolina State Board of Dental Examiners, Board statement on dental practices and COVID-19 (March 16, 2020) (Mar. 16, 2020) (Ex. NC-044)	/library/NC-044	/exhibit/NC-044
Ex. NC-045	Board statement on dental practices and COVID-19 (March 18, 2020)	North Carolina State Board of Dental Examiners	Mar. 18, 2020	North Carolina State Board of Dental Examiners, Board statement on dental practices and COVID-19 (March 18, 2020) (Mar. 18, 2020) (Ex. NC-045)	/library/NC-045	/exhibit/NC-045
Ex. NC-046	COVID-19 Definitions of Emergency Treatment (March 20, 2020)	North Carolina State Board of Dental Examiners	Mar. 20, 2020	North Carolina State Board of Dental Examiners, COVID-19 Definitions of Emergency Treatment (March 20, 2020) (Mar. 20, 2020) (Ex. NC-046)	/library/NC-046	/exhibit/NC-046
Ex. NC-047	Statement on providing dental services during the COVID-19 pandemic (April 30, 2020)	North Carolina State Board of Dental Examiners	Apr. 30, 2020	North Carolina State Board of Dental Examiners, Statement on providing dental services during the COVID-19 pandemic (April 30, 2020) (Apr. 30, 2020) (Ex. NC-047)	/library/NC-047	/exhibit/NC-047
Ex. NC-048	NCDHHS COVID-19 guidance update for dental settings (March 20, 2020)	NCDHHS (circulated by the State Board of Dental Examiners)	Mar. 20, 2020	NCDHHS (circulated by the State Board of Dental Examiners), NCDHHS COVID-19 guidance update for dental settings (March 20, 2020) (Mar. 20, 2020) (Ex. NC-048)	/library/NC-048	/exhibit/NC-048
Ex. NC-049	Order of the Chief Justice, 13 March 2020 (Emergency Directives 1 and 2)	Chief Justice Cheri Beasley, Supreme Court of North Carolina	Mar. 13, 2020	Chief Justice Cheri Beasley, Supreme Court of North Carolina, Order of the Chief Justice, 13 March 2020 (Emergency Directives 1 and 2) (Mar. 13, 2020) (Ex. NC-049)	/library/NC-049	/exhibit/NC-049
Ex. NC-050	Order of the Chief Justice, 19 March 2020	Chief Justice Cheri Beasley	Mar. 19, 2020	Chief Justice Cheri Beasley, Order of the Chief Justice, 19 March 2020 (Mar. 19, 2020) (Ex. NC-050)	/library/NC-050	/exhibit/NC-050
Ex. NC-051	Order of the Chief Justice, 2 April 2020 (Emergency Directives 1-7)	Chief Justice Cheri Beasley	Apr. 2, 2020	Chief Justice Cheri Beasley, Order of the Chief Justice, 2 April 2020 (Emergency Directives 1-7) (Apr. 2, 2020) (Ex. NC-051)	/library/NC-051	/exhibit/NC-051
Ex. NC-052	Order of the Chief Justice, 21 May 2020 (Emergency Directives 9-16)	Chief Justice Cheri Beasley	May 21, 2020	Chief Justice Cheri Beasley, Order of the Chief Justice, 21 May 2020 (Emergency Directives 9-16) (May 21, 2020) (Ex. NC-052)	/library/NC-052	/exhibit/NC-052
Ex. NC-053	Order of the Chief Justice, 16 July 2020 (Emergency Directives 21 and 22)	Chief Justice Cheri Beasley	July 16, 2020	Chief Justice Cheri Beasley, Order of the Chief Justice, 16 July 2020 (Emergency Directives 21 and 22) (July 16, 2020) (Ex. NC-053)	/library/NC-053	/exhibit/NC-053
Ex. NC-054	Order of the Chief Justice, 14 December 2020 (Emergency Directives 1-5, 8-15, 18, 20-22)	Chief Justice Cheri Beasley	Dec. 14, 2020	Chief Justice Cheri Beasley, Order of the Chief Justice, 14 December 2020 (Emergency Directives 1-5, 8-15, 18, 20-22) (Dec. 14, 2020) (Ex. NC-054)	/library/NC-054	/exhibit/NC-054
Ex. NC-055	Modification of the 10 May 2021 Order of the Chief Justice (14 May 2021)	Chief Justice Paul Newby	May 14, 2021	Chief Justice Paul Newby, Modification of the 10 May 2021 Order of the Chief Justice (14 May 2021) (May 14, 2021) (Ex. NC-055)	/library/NC-055	/exhibit/NC-055
Ex. NC-056	Order of the Chief Justice, 4 June 2021 (effective 7 June 2021)	Chief Justice Paul Newby	June 4, 2021	Chief Justice Paul Newby, Order of the Chief Justice, 4 June 2021 (effective 7 June 2021) (June 4, 2021) (Ex. NC-056)	/library/NC-056	/exhibit/NC-056
Ex. NC-057	21 June 2021 Revocation of the 7 June 2021 Order of the Chief Justice	Chief Justice Paul Newby	June 21, 2021	Chief Justice Paul Newby, 21 June 2021 Revocation of the 7 June 2021 Order of the Chief Justice (June 21, 2021) (Ex. NC-057)	/library/NC-057	/exhibit/NC-057
Ex. NC-058	Executive Order No. 229	Governor Roy Cooper	Aug. 31, 2021	Governor Roy Cooper, Executive Order No. 229 (Aug. 31, 2021) (Ex. NC-058)	/library/NC-058	/exhibit/NC-058
Ex. NC-059	Executive Order No. 232	Governor Roy Cooper	Sept. 2, 2021	Governor Roy Cooper, Executive Order No. 232 (Sept. 2, 2021) (Ex. NC-059)	/library/NC-059	/exhibit/NC-059
Ex. NC-060	Executive Order No. 234	Governor Roy Cooper	Sept. 24, 2021	Governor Roy Cooper, Executive Order No. 234 (Sept. 24, 2021) (Ex. NC-060)	/library/NC-060	/exhibit/NC-060
Ex. NC-061	Executive Order No. 236	Governor Roy Cooper	Oct. 4, 2021	Governor Roy Cooper, Executive Order No. 236 (Oct. 4, 2021) (Ex. NC-061)	/library/NC-061	/exhibit/NC-061
Ex. NC-064	Executive Order No. 193	Governor Roy Cooper	Feb. 9, 2021	Governor Roy Cooper, Executive Order No. 193 (Feb. 9, 2021) (Ex. NC-064)	/library/NC-064	/exhibit/NC-064
Ex. NC-065	Executive Order No. 211	Governor Roy Cooper	May 10, 2021	Governor Roy Cooper, Executive Order No. 211 (May 10, 2021) (Ex. NC-065)	/library/NC-065	/exhibit/NC-065
Ex. NC-066	Executive Order No. 230	Governor Roy Cooper	Aug. 31, 2021	Governor Roy Cooper, Executive Order No. 230 (Aug. 31, 2021) (Ex. NC-066)	/library/NC-066	/exhibit/NC-066
Ex. NC-067	Order of Abatement of Imminent Hazard (restaurants and bars), March 17, 2020	Secretary of Health and Human Services Mandy Cohen	Mar. 17, 2020	Secretary of Health and Human Services Mandy Cohen, Order of Abatement of Imminent Hazard (restaurants and bars), March 17, 2020 (Mar. 17, 2020) (Ex. NC-067)	/library/NC-067
Ex. NC-068	NCDHHS letter to hospital and ambulatory surgery center leaders, March 20, 2020	Secretary of Health and Human Services Mandy Cohen	Mar. 20, 2020	Secretary of Health and Human Services Mandy Cohen, NCDHHS letter to hospital and ambulatory surgery center leaders, March 20, 2020 (Mar. 20, 2020) (Ex. NC-068)	/library/NC-068	/exhibit/NC-068
Ex. NC-069	Extended Order of the Commissioner of Insurance and Bulletin 20-B-07	Commissioner of Insurance Mike Causey	Apr. 24, 2020	Commissioner of Insurance Mike Causey, Extended Order of the Commissioner of Insurance and Bulletin 20-B-07 (Apr. 24, 2020) (Ex. NC-069)	/library/NC-069	/exhibit/NC-069
Ex. NC-070	Bulletin 20-B-04	Commissioner of Insurance Mike Causey	Mar. 10, 2020	Commissioner of Insurance Mike Causey, Bulletin 20-B-04 (Mar. 10, 2020) (Ex. NC-070)	/library/NC-070	/exhibit/NC-070
Ex. NC-071	S.L. 2021-47 (G.S. 7A-49.6)	General Assembly of North Carolina	June 18, 2021	General Assembly of North Carolina, S.L. 2021-47 (G.S. 7A-49.6) (June 18, 2021) (Ex. NC-071)	/library/NC-071	/exhibit/NC-071
Ex. NC-072	StrongSchoolsNC Public Health Toolkit (K-12), Interim Guidance, published June 2020, updated July 21 and August 10, 2021	North Carolina Department of Health and Human Services	Aug. 10, 2021	North Carolina Department of Health and Human Services, StrongSchoolsNC Public Health Toolkit (K-12), Interim Guidance, published June 2020, updated July 21 and August 10, 2021 (Aug. 10, 2021) (Ex. NC-072)	/library/NC-072	/exhibit/NC-072
Ex. NC-073	NCDHHS Secretarial Orders on long-term care facility visitation and testing (including Secretarial Order No. 3, September 4, 2020)	Secretary of Health and Human Services Mandy Cohen	Sept. 4, 2020	Secretary of Health and Human Services Mandy Cohen, NCDHHS Secretarial Orders on long-term care facility visitation and testing (including Secretarial Order No. 3, September 4, 2020) (Sept. 4, 2020) (Ex. NC-073)	/library/NC-073
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004

8. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?state=NC&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.