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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Colorado

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 423 instruments cited; 409 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=CO&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 Colorado 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=CO&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)

Colorado, first day (Apr. 1, 2020): Apr. 1, 2020: disaster emergency D 2020 003 (CO-001); Stay at Home D 2020 017 with Third Updated PHO 20-24 issued that day, effective Apr. 2 (CO-012, CO-016): all individuals ordered to stay at home, all gatherings outside a residence prohibited, all non-critical businesses closed except Minimum Basic Operations, travel limited to Necessary Travel; PHO 20-22 closures of restaurants, bars, gyms, theaters, casinos and personal services (CO-004); PHO 20-23 ten-person gathering cap (CO-005); D 2020 007/021 school closure (CO-006); D 2020 009 elective-procedure suspension (CO-007); D 2020 004/006 ski closure (CO-003); D 2020 012 eviction, foreclosure and utility-disconnection limits (CO-009); D 2020 011 takeout alcohol (CO-008); D 2020 019 remote notarization (CO-014); D 2020 013 fifty-percent workforce order still nominally in force to Apr. 6 (CO-010, CO-062); Chief Justice order suspending jury calls (CO-056); PHO 20-20 residential-care visitor restrictions (CO-002); Pitkin County events and public-accommodation order (CO-090); Routt County lodging ban and five-person cap (CO-079).

Colorado, last day (June 30, 2020): June 30, 2020: D 2020 091 Safer at Home and in the Vast, Great Outdoors as amended by D 2020 123 (CO-028) with the Eighth Amended PHO 20-28 issued June 30 (CO-025 is the June 18 Seventh Amended text it carried forward): gatherings limited to ten; restaurants 50 percent indoors; bars 25 percent or 50 patrons; gyms 25 percent; indoor events to 100 and outdoor to 175; non-critical offices 50 percent with telecommuting promoted; personal services 50 percent or ten; houses of worship 50 percent or 50 (100 in extra-large venues); D 2020 045 and PHO 20-29 conditions on elective procedures (CO-021, CO-022); PHO 20-31 worker face coverings and mass transit (CO-049); D 2020 101 eviction limits (CO-029); PHO 20-20 (CO-002); Chief Justice orders barring jury service before Aug. 3, 2020 (CO-056, CO-086 recital); ski closure had expired May 23 (CO-082).

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)

Colorado, first day (July 1, 2020): July 1, 2020: same as June 30, 2020 (D 2020 091/123 and the Eighth Amended PHO 20-28; D 2020 045/PHO 20-29; PHO 20-31; D 2020 101; PHO 20-20; jury service barred before Aug. 3).

Colorado, last day (Sept. 30, 2020): Sept. 30, 2020: PHO 20-35 Safer at Home Dial, Sept. 15 (CO-033), setting three Safer at Home levels with sector capacity caps and gathering limits by county; D 2020 091 as amended by D 2020 199, Sept. 19 (CO-072), fixing alcohol last call by county level and barring takeout alcohol after 11:00 p.m.; statewide mask order D 2020 138 as extended by D 2020 190 (CO-031); Protect Our Neighbors D 2020 127/178 and PHO 20-32 (CO-030, CO-050); D 2020 045/198 and PHO 20-29 (CO-021, CO-022); D 2020 202 eviction limits (CO-029 chain); PHO 20-20 (CO-002).

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)

Colorado, first day (Oct. 1, 2020): Oct. 1, 2020: same as Sept. 30, 2020.

Colorado, last day (Dec. 31, 2020): Dec. 31, 2020: D 2020 235 COVID-19 Dial as amended by D 2020 265 and 289 (CO-035); Third Amended PHO 20-36, Dec. 7 (CO-037 chain), with the Denver metro and most Front Range counties in Level Red Severe Risk since 5:00 p.m. Nov. 20: personal gatherings prohibited, non-critical offices at 10 percent with remote work to the greatest extent possible, indoor dining closed, last call 8:00 p.m., indoor events closed, gyms at 10 percent, casinos and indoor smoking lounges closed, retail 50 percent, personal services 25 percent, worship 25 percent; mask order D 2020 138 as amended by D 2020 281 (CO-031); D 2020 260/286 hospital transfer authority (CO-065); tenant protections D 2020 223/285 and D 2020 307 issued Dec. 31 (CO-034, CO-071); D 2020 279 and PHO 20-29 elective conditions (CO-021 chain); PHO 20-20 (CO-002); 7th Judicial District AO 2020-16/2020-20 re-suspending jury trials (CO-086 recital).

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)

Colorado, first day (Jan. 1, 2021): Jan. 1, 2021: same as Dec. 31, 2020 (metro counties remained in Level Red until the Fourth Amended PHO 20-36 moved them to Level Orange on Jan. 4, 2021, CO-038: offices 25 percent, restaurants 25 percent or 50, indoor events 25 percent or 50, personal gatherings ten from two households).

Colorado, last day (Mar. 31, 2021): Mar. 31, 2021: Ninth Amended PHO 20-36 'Dial 3.0', Mar. 24 (CO-057): Level Blue offices and retail 75 percent, restaurants 100 percent with six-foot distancing, bars 25 percent or 75, indoor events 50 percent or 175; Level Yellow restaurants and indoor events 50 percent or 150; Level Orange offices 25 percent, restaurants and indoor events 25 percent or 50; Level Red offices 10 percent and indoor dining closed; D 2021 069 extending the Dial to Apr. 16, 2021 (CO-066); mask order D 2021 056 (CO-031 chain); D 2021 062 and Thirteenth Amended PHO 20-29 hospital reporting (CO-094 issued Apr. 9); tenant protections D 2021 073 (CO-071 chain); PHO 20-20; D 2021 068 disaster emergency (CO-001 chain).

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)

Colorado, first day (Apr. 1, 2021): Apr. 1, 2021: same as Mar. 31, 2021; D 2021 079 restated the mask order on Apr. 3 (CO-067): masks for age 11 and older in schools, child care, camps, State facilities, congregate care, prisons, jails, health care, personal services and limited health care settings in every county, and in every Public Indoor Space with ten or more unvaccinated persons in counties above 35 weekly cases per 100,000.

Colorado, last day (June 30, 2021): June 30, 2021: D 2021 121 disaster emergency (to July 10, 2021, CO-069); Third Amended PHO 20-38, May 31, effective June 1 (CO-052): face coverings for unvaccinated persons age 12 and older in schools, child care and camps, Department of Corrections staff, congregate care, prisons, jails and health care settings; 'All employers must implement the face covering requirements'; 85-percent hospital-capacity trigger; hospital reporting; Fourth Amended PHO 20-38 issued that day effective July 1 (CO-041); Seventh Amended PHO 20-20, effective June 1 (CO-042): weekly PCR surveillance testing of all staff and residents, visitation rules, vaccination plans; D 2021 120 tenant 30-day notice (CO-078); D 2020 011 takeout alcohol chain (CO-008); PHO 20-33 and PHO 21-01 reporting; statewide mask executive order had expired June 1, 2021 (CO-040).

The federal health, safety and transport layer, first day (Apr. 1, 2021): Apr. 1, 2021: national emergency (FED-002), Stafford declarations, PHE (FED-014; renewed Apr. 21, FED-015); CDC conveyance mask order (FED-020) and TSA SDs (FED-050 series); inbound testing order (FED-042); Conditional Sailing Order (FED-031); Title 42 (FED-037); FEMA PPE rule (FED-078); CDC eviction moratorium (FED-024); EO 13991; OSHA NEP (FED-082); CMS testing and reporting rules; DPA orders.

The federal health, safety and transport layer, last day (June 30, 2021): June 30, 2021: all of the above plus TSOB ratification Apr. 20 (FED-056); TSA SD -01A from May 12 (FED-051); QSO-20-39-NH rev. Apr. 27 (FED-156); CSO Technical Instructions (FED-032); CMS-3414-IFC from May 21 (FED-094) with QSO-21-19-NH (FED-163); OSHA Healthcare ETS effective June 21 (FED-080) with DIR 2021-02 from June 28 (FED-081); CDC eviction moratorium extended June 24 to July 31 (FED-025). FEMA PPE export rule expires this day (FED-078/079).

The federal commerce, travel, workplace and finance layer, first day (Apr. 1, 2021): In force: Proclamations 9984, 9992, 10143 (FED-200, FED-201, FED-207); DHS notification of Mar. 19 (to Apr. 21), then Apr. 22 (to May 21), May 24 (to June 21) and June 23, 2021 (to July 21) (FED-229 to FED-232, FED-252 to FED-255); EO 13991 and M-21-15 occupancy cap and masks until June 10 (FED-270); DoD Mar. 15, 2021 restrictions (FED-280); N.D. Ill. GO 21-0006 (Feb. 17, 2021) plan for resumption of jury trials, amended May 26 with vaccination-or-testing conditions (FED-297); D.N.J. SO 21-04 (jury trials to June 1) (FED-306); N.D. Cal. GO 72-6 and 73 (FED-333, FED-334); C.D. Cal. masks (FED-285); FHFA, HUD, VA and USDA moratoria to June 30, 2021 (FED-353, FED-363, FED-377, FED-382).

The federal commerce, travel, workplace and finance layer, last day (June 30, 2021): In force: Proclamations 9984, 9992, 10143 and 10199 (India, from May 4) (FED-207, FED-208); DHS notification of June 23, 2021 (to July 21) (FED-232, FED-255); EO 13991 with M-21-25 (June 10: occupancy cap lifted; reentry plans due July 19; 30 days' notice) (FED-271); DoD Mar. 15, 2021 restrictions (FED-280); N.D. Ill. GO 21-0006 as amended May 26 and Fifth Amended GO 20-0022 (June 21: video criminal proceedings to Oct. 4, 2021) (FED-297, FED-301); D. Md. Amended Standing Order 2021-07 (effective July 1) (FED-313); N.D. Cal. GO 78 (June 23, effective July 1) (FED-337); C.D. Cal. masks (FED-285); D.N.J. SO 20-13 masks and 21-04 as amended (FED-302, FED-307); FHFA, HUD, VA and USDA moratoria extended June 24-25 to July 31, 2021 (FED-354, FED-364, FED-378, FED-384); HUD and VA forbearance windows to Sept. 30, 2021 (FED-364, FED-378); CFPB final rule issued June 28 (effective Aug. 31) (FED-344).

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

Colorado, first day (July 1, 2021): July 1, 2021: D 2021 121 disaster emergency (CO-069) until replaced July 8 by the Recovery Order D 2021 122 (CO-043); Fourth Amended PHO 20-38 effective July 1 (CO-041): face coverings for unvaccinated patients, residents and visitors and medical-grade masks for unvaccinated staff in homeless shelters, prisons, jails and emergency medical and other health care settings, employer implementation duty, 85-percent trigger, hospital reporting; Seventh Amended PHO 20-20 (CO-042); PHO 21-01 and PHO 20-33 reporting; D 2021 120 tenant protections and D 2020 011 alcohol takeout (both to July 8); 7th Judicial District phased jury-trial protocols (CO-086).

Colorado, last day (Sept. 30, 2021): Sept. 30, 2021: Recovery Order D 2021 122 as extended by D 2021 129, Sept. 4 (CO-043 to CO-046); Sixth Amended PHO 20-38, effective Sept. 1 (CO-091), and the Seventh Amended issued Sept. 30 effective Oct. 1 (CO-054): the same mask, employer, hospital-reporting and 85-percent provisions plus school case reporting; Eighth Amended PHO 20-20, effective Sept. 27 (CO-092): testing, visitation, face coverings and booster clinics in every residential care facility; Amended PHO 21-01 (CO-093); Board of Health emergency rule 6 CCR 1011-1, ch. 2, Part 12, effective Aug. 30, 2021 (CO-055): first-dose deadline for every covered health care worker Sept. 30, 2021; State-employee vaccination-or-testing requirement (testing and indoor masks from Sept. 20; first doses by Sept. 30 for Corrections, Human Services and Public Health staff) (CO-095, secondary); San Miguel County PHO 2021-06 universal indoor mask order, effective Sept. 1 (CO-076), and PHO 2021-07 issued Sept. 30 (CO-077); Boulder County indoor mask order of Sept. 3, 2021 (DEN metro file).

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

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

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

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

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

Layer2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Total
Federal layer179163160175165167330
State of Colorado39241812232082
Agencies, boards and authorities77333512
Standing duties40444742474263
All layers265238228232238234487

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 Colorado

Ex. CO-012
Executive Order D 2020 017

Ordering Coloradans to Stay at Home Due to the Presence of COVID-19 in the State

Governor Jared Polis, Colorado (State)

Dates
In force from Mar. 26, 2020 to Apr. 11, 2020 (issued Mar. 25, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering capTravel and quarantine
Functions reached
CB customer base under stay-home; SF premises closed; OF office closed; WF workforce; TR travel; GATH
Grade
Primary source read
Days in this quarter
17

B. I direct all Coloradans to stay at home, subject to limited exceptions such as obtaining food and other household necessities, going to and from work at critical businesses, seeking medical care, caring for dependents or pets, or caring for a vulnerable person in another location. C. I direct all businesses other than those qualified as 'Critical Businesses' under Public Health Order 20-24 or any Public Health Order issued pursuant to this Executive Order, to close temporarily, except as necessary to engage in minimum basic operations needed to protect assets and maintain personnel functions, as of the effective date of this Executive Order.

Enforcement: Implemented by PHO 20-24 with C.R.S. § 25-1-114 penalties (fine up to $1,000; county jail up to one year); § II.D.1.e: 'Nothing in this Executive Order prevents a local public health authority from issuing an order more protective of public than this Executive Order. For clarity, any stay at home or similar order issued by a local jurisdiction remains in full force and effect.'

Citation: Governor Jared Polis, Executive Order D 2020 017 (Mar. 25, 2020) (Ex. CO-012) Open the exhibit

Ex. CO-015
Executive Order D 2020 024

Amending and Extending Executive Order D 2020 017 Ordering Coloradans to Stay at Home Due to the Presence of COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from Apr. 6, 2020 to Apr. 26, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering capTravel and quarantine
Functions reached
same as CO-012
Grade
Primary source read
Days in this quarter
21

This Executive Order amends and extends Executive Order D 2020 017 to require Coloradans to stay at home until April 26, 2020... any stay at home or similar [local] order shall remain in full force and effect

Enforcement: PHO 20-24, C.R.S. § 25-1-114

Citation: Governor Jared Polis, Executive Order D 2020 024 (Apr. 6, 2020) (Ex. CO-015) Open the exhibit

Ex. CO-047
Fourth Updated Public Health Order 20-24

Implementing Stay at Home Requirements

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Apr. 10, 2020 to Apr. 26, 2020 (issued Apr. 9, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering capTravel and quarantineSchools and child care
Functions reached
same as CO-013
Grade
Primary source read
Days in this quarter
17

I. STAY AT HOME. A. All individuals currently living within the State of Colorado are ordered to Stay at Home whenever possible. Individuals living in shared or outdoor spaces must at all times, to the greatest extent possible, comply with Social Distancing Requirements, and may leave their Residences only to perform or utilize Necessary Activities. B. All public and private gatherings of any number of people occurring outside a Residence are prohibited, except for the limited purposes expressly permitted in this PHO

Enforcement: § V: 'This order will be enforced by any appropriate legal means.... Failure to comply with this order could result in penalties including a fine of up to one thousand (1,000) dollars and imprisonment in the county jail for up to one year, pursuant to 25-1-114, C.R.S.'

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Fourth Updated Public Health Order 20-24 (Apr. 9, 2020) (Ex. CO-047) Open the exhibit

Ex. CO-019
Executive Order D 2020 044

Safer at Home

Governor Jared Polis, Colorado (State)

Dates
In force from Apr. 27, 2020 to May 26, 2020 (issued Apr. 26, 2020)
Quarters
2020 Q2
Limitations
Business closureTelework mandateCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careWorkplace rules
Functions reached
OF office (50 percent from May 4); SF sales floor (curbside Apr. 27; 50 percent May 1); SL personal services (May 1); GATH; TR travel; WF (Vulnerable Individuals stay home; employers must accommodate child-care responsibilities); MK
Grade
Primary source read
Days in this quarter
30

H. I direct the Executive Director of CDPHE to issue a new or amended PHO... [that] must: 1. Advise Coloradans to wear non-medical cloth face coverings... 2. Order Coloradans to limit: i. Social interactions to the greatest extent possible... ii. Essential Travel to within their county of residence or employment as much as possible and recreational travel to no further than ten (10) miles from their residence. 3. Prohibit public gatherings of ten (10) persons or more in both public spaces and private commercial venues. 4. Strongly encourage all Critical Businesses, Critical Government Functions, Non-Critical Retail, and Non-Critical Commercial Businesses to allow workers to telecommute whenever possible. 5. Require all [of them] to make work accommodations for Vulnerable Individuals, who remain subject to Stay at Home requirements

Enforcement: PHO 20-28 penalties (C.R.S. § 25-1-114); CCRD and CDPHE anti-discrimination direction; 'Employers must provide reasonable accommodation and are prohibited from discriminating against employees who are showing symptoms of COVID-19'

Citation: Governor Jared Polis, Executive Order D 2020 044 (Apr. 26, 2020) (Ex. CO-019) Open the exhibit

Ex. CO-023
Amended Public Health Order 20-28

Safer at Home

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from May 4, 2020 to May 8, 2020
Quarters
2020 Q2
Limitations
Business closureTelework mandateCapacity limitGathering capWorkplace rules
Functions reached
OF; SF; SL; GATH
Grade
Primary source read
Days in this quarter
5

G. Effective May 1, 2020, Non-Critical Retail and limited Personal Services may [open at fifty percent]... H. Effective May 4, 2020, the following businesses may reopen in accordance with [this Order: Non-Critical Office-Based Businesses at fifty percent in-office occupancy]

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Amended Public Health Order 20-28 (May 4, 2020) (Ex. CO-023) Open the exhibit

Ex. CO-064
Executive Order D 2020 079

Amending and Extending Executive Order D 2020 044 Safer at Home

Governor Jared Polis, Colorado (State)

Dates
In force from May 25, 2020 to June 1, 2020
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering capWorkplace rules
Functions reached
DR dining room (50 percent from May 27); AC camps; GATH
Grade
Primary source read
Days in this quarter
8

Q. CDPHE shall develop and issue guidance governing restaurants and summer [camps]... [all other COVID-19 executive orders] currently in effect shall remain in full force and effect... Executive Order D 2020 044, as amended and extended by this Executive Order, shall expire on June 1, 2020

Enforcement: PHO 20-28 as amended

Citation: Governor Jared Polis, Executive Order D 2020 079 (May 25, 2020) (Ex. CO-064) Open the exhibit

Ex. CO-024
Fourth Amended Public Health Order 20-28

Safer at Home

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from May 26, 2020 to June 1, 2020
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering capAlcohol and barsWorkplace rules
Functions reached
DR dining room 50 percent; BA bars closed; TO takeout; GATH ten; OF 50 percent; PF manufacturing up to fifty per room
Grade
Primary source read
Days in this quarter
7

1. Effective May 27, 2020, Restaurants may open to in-person dining at 50% [of the posted occupancy code limit, not to exceed 50 patrons, with tables 6 feet apart]. Restaurants may also use any existing, licensed outdoor space for in-person dining... C. All public and private gatherings are limited to no more than ten (10) [people]

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Fourth Amended Public Health Order 20-28 (May 26, 2020) (Ex. CO-024) Open the exhibit

Ex. CO-025
Seventh Amended Public Health Order 20-28

Safer at Home and in the Vast, Great Outdoors

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from June 18, 2020; end: Thirty days from June 1, 2020; superseded by the Eighth Amended (June 30), Ninth…
Quarters
2020 Q22020 Q3
Limitations
Business closureCapacity limitGathering capAlcohol and barsEvents and venuesWorkplace rules
Functions reached
PE performances and events 100/175; BA bars 25 percent or 50; FC gyms 25 percent; WS worship 50 percent or 50-100; PF manufacturing 50 percent or 50 per room; GATH ten; MC meetings and conventions
Grade
Primary source read
Days in this quarter
13 (in force on the last day)

4. Effective June 18, 2020, indoor and outdoor events such as [receptions, concerts, malls, rodeos, fairs, festivals and parades]... a. Outdoor venues may allow up to 175 people within their [usable space]... b. Indoor venues may allow up to 100 people within their [usable space]... 2. Effective June 18, 2020, bars, taverns, brew pubs, breweries, [microbreweries, distillery pubs, wineries, tasting rooms, referred to] as Bars, may operate with the lesser of 25% of the posted occupancy limit or 50 patrons... Effective June 18, 2020, Non-Critical Manufacturing may operate at 50% capacity not to exceed 50 employees per room... d. Gyms, recreation centers and indoor pools may open at 25% [capacity]... houses of worship may open to 50% of the posted occupancy limit indoors not to exceed [50 people; extra large venues 100]... C. All public and private gatherings are limited to no more than ten…

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Seventh Amended Public Health Order 20-28 (June 18, 2020) (Ex. CO-025) Open the exhibit

Ex. CO-089
Pitkin County Public Health Order (spring 2020; document captured Apr. 13, 2020)

Pitkin County Public Health Order

Pitkin County Public Health Director / Board of Health, Pitkin County, Colorado (Aspen, Snowmass Village, Basalt) (County)

Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering capTravel and quarantine
Functions reached
CB resort customer base; LG lodging; SF; DR
Grade
Confirmed from a secondary source

Enforcement: C.R.S. § 25-1-516

Citation: Pitkin County Public Health Director / Board of Health, Pitkin County Public Health Order (spring 2020; document captured Apr. 13, 2020) (Ex. CO-089) Open the exhibit

Ex. CO-004
Updated Notice of Public Health Order 20-22 (originally issued Mar. 16, 2020; updated Mar. 19, 2020)

Closing Bars, Restaurants, Theaters, Gymnasiums, Casinos, Nonessential Personal Services Facilities, and Horse Track and Off-Track Betting Facilities Statewide

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Mar. 17, 2020 to Apr. 30, 2020 (issued Mar. 16, 2020)
Quarters
2020 Q2
Limitations
Business closureGathering capAlcohol and barsEvents and venues
Functions reached
DR dining room; BA bar; FC fitness facilities; PE performances and cinemas; AM casinos; SL salon, spa, tattoo and massage services; CB customer base
Grade
Primary source read
Days in this quarter
45

Effective March 17, 2020 at 8:00 AM, and continuing through April 30, 2020, the following places of public accommodation are closed to ingress, egress, use, and occupancy by members of the public: 1. Restaurants, food courts, cafes, coffeehouses, and other similar places of public accommodation offering food or beverage for on-premises consumption; 2. Bars, taverns, brew pubs, breweries, microbreweries, distillery pubs, wineries, tasting rooms, special licensees, clubs...; 3. Cigar bars; 4. Gymnasiums; 5. Movie and performance theaters, opera houses, concert halls, and music halls; and 6. Casinos.... no consumption of food or beverages is permitted onsite... may permit up to five members of the public at one time... for the purpose of picking up their food or beverage orders

Enforcement: C.R.S. §§ 25-1.5-102, 25-1-114 (fine up to $1,000; county jail up to one year, as recited in the companion PHO 20-23)

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Updated Notice of Public Health Order 20-22 (originally issued Mar. 16, 2020; updated Mar. 19, 2020) (Ex. CO-004) Open the exhibit

Ex. CO-090
Amended Notice of Public Health Order (Standing Public Health Order Related to Events), Mar. 18, 2020, superseding the Mar. 13, 2020 order

Standing Public Health Order - Amended Notice of Public Health Order

Pitkin County Public Health Director (Standing Public Health Order), Pitkin County, Colorado (including the City of Aspen and the towns within the County) (County)

Dates
In force from Mar. 18, 2020 to Apr. 17, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capAlcohol and barsEvents and venues
Functions reached
GATH events; DR; BA; FC; PE; WS worship; MC meetings and conventions; CB resort customer base
Grade
Primary source read
Days in this quarter
31

III. ORDER. A. All Events of more than ten (10) are prohibited. B. All Events at retail stores, bars, taverns, taprooms, tasting rooms, brewpubs, distillery pubs, clubs, cigar bars, coffee houses, restaurants, gymnasiums, movie and performance theaters, concert halls, museums, music halls (collectively 'places of public accommodation'), and similar establishments are prohibited, regardless of the number of attendees, except that such establishments may provide takeout and delivery of food

Enforcement: C.R.S. §§ 25-1-506, 25-1-508, 25-1-516

Citation: Pitkin County Public Health Director (Standing Public Health Order), Amended Notice of Public Health Order (Standing Public Health Order Related to Events), Mar. 18, 2020, superseding the Mar. 13, 2020 order (Ex. CO-090) Open the exhibit

Ex. CO-079
Routt County Public Health Orders of Mar. 24, 2020 (Order One: lodging; Order Two: gatherings) as announced in the County's release

Routt County Commissioners Issue Executive Orders to Reduce COVID-19 Community Spread and Save Lives in the Community

Routt County Board of County Commissioners acting as the Board of Health (Commissioners Corrigan, Melton and Monger), Routt County, Colorado (Steamboat Springs) (County)

Dates
In force from Mar. 24, 2020 to Apr. 24, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capTravel and quarantine
Functions reached
LG lodging; TV travel demand; GATH; CB resort customer base
Grade
Confirmed from a secondary source
Days in this quarter
32

All lodging including hotels, motels, short-term rentals, such as VRBO's, Airbnb's, and campgrounds may not accept any new reservations or visitors with limited exceptions. There shall be no new bookings or reservations for the time period in which this Order is in effect. Reservations beginning on or after 8:00 a.m. on March 27, 2020 shall be cancelled.... Congregating with more than five people is not allowed, unless they are part of the same household.... Law enforcement has the authority to enforce these Public Health Orders.

Enforcement: 'Law enforcement has the authority to enforce these Public Health Orders' (C.R.S. § 25-1-516)

Citation: Routt County Board of County Commissioners acting as the Board of Health (Commissioners Corrigan, Melton and Monger), Routt County Public Health Orders of Mar. 24, 2020 (Order One: lodging; Order Two: gatherings) as announced in the County's release (Ex. CO-079) Open the exhibit

Ex. CO-028
Executive Order D 2020 091

Safer at Home and in the Vast, Great Outdoors

Governor Jared Polis, Colorado (State)

Dates
In force from June 1, 2020 to Oct. 6, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Telework mandateCapacity limitGathering capTravel and quarantineEvents and venuesWorkplace rules
Functions reached
all Safer at Home sectors
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

[Continues Safer at Home and directs CDPHE to issue amended PHOs permitting phased reopening of personal recreation, outdoor recreation, restaurants, camps and events under capacity and distancing limits while Vulnerable Individuals remain under Stay at Home advisement]

Enforcement: PHO 20-28 as amended; C.R.S. § 25-1-114

Citation: Governor Jared Polis, Executive Order D 2020 091 (June 1, 2020) (Ex. CO-028) Open the exhibit

Ex. CO-003
Executive Order D 2020 004

Ordering Closure of Downhill Ski Resorts Due to the Presence of COVID-19 in the State of Colorado

Governor Jared Polis, Colorado (State)

Dates
In force from Mar. 15, 2020 to May 23, 2020 (issued Mar. 14, 2020)
Quarters
2020 Q2
Limitations
Business closureEvents and venues
Functions reached
FC facilities; CB customer base (resort towns); WF seasonal workforce; LG lodging demand
Grade
Primary source read
Days in this quarter
70

I direct all downhill ski resorts in the State of Colorado to suspend operations

Enforcement: C.R.S. § 24-33.5-704; State and county broadcast of the order directed

Citation: Governor Jared Polis, Executive Order D 2020 004 (Mar. 14, 2020) (Ex. CO-003) Open the exhibit

Ex. CO-056
Order Regarding COVID-19 and Operation of Colorado State Courts

Chief Justice Nathan B. Coats, Supreme Court of Colorado, Colorado (Court)

Dates
In force from Mar. 16, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Telework mandateGathering capCourts and public offices
Functions reached
CT courts and clerks; CL closings and evictions (court process); SV foreclosure and collections; PJ litigation projects
Grade
Primary source read
Days in this quarter
107 (in force on the last day)

Effective immediately, all jury calls in state courts, with the exception of jury calls for criminal trials facing imminent speedy trial deadlines, are suspended through April 3, 2020.... the Chief Judges of the various districts will make every effort to facilitate work from remote locations and to minimize or eliminate in-person proceedings and contact.

Enforcement: Administrative order binding on all state courts; chief judges' administrative orders implement it district by district

Citation: Chief Justice Nathan B. Coats, Supreme Court of Colorado, Order Regarding COVID-19 and Operation of Colorado State Courts (Mar. 16, 2020) (Ex. CO-056) Open the exhibit

Ex. CO-005
Amended Notice of Public Health Order 20-23 (issued Mar. 18, 2020; amended Mar. 20, 2020)

Implementing Social Distancing Measures

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Mar. 19, 2020 to Apr. 18, 2020 (issued Mar. 18, 2020)
Quarters
2020 Q2
Limitations
Gathering capEvents and venues
Functions reached
GATH events; WS worship; MK trade shows and conventions; MC meetings
Grade
Primary source read
Days in this quarter
31

Effective at 12:01 AM on March 19, 2020, all mass gatherings shall be limited to no more than ten (10) people. Gatherings subject to this Order include, but are not limited to, community, civic, public, leisure, faith-based events, sporting events with spectators, concerts, conventions, fundraisers, parades, fairs, festivals, and any similar event or activity that brings together (10) or more persons in a single room or space at the same time

Enforcement: FAILURE TO COMPLY WITH THIS ORDER IS SUBJECT TO THE PENALTIES CONTAINED IN SECTIONS 25-1-114, C.R.S, INCLUDING A FINE OF UP TO ONE THOUSAND (1,000) DOLLARS AND IMPRISONMENT IN THE COUNTY JAIL FOR UP TO ONE YEAR

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Amended Notice of Public Health Order 20-23 (issued Mar. 18, 2020; amended Mar. 20, 2020) (Ex. CO-005) Open the exhibit

Ex. CO-011
Public Health Order 20-24

Implementing Fifty Percent Reduction in Nonessential Business In-Person Work and Extreme Social Distancing

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Mar. 24, 2020 to Mar. 26, 2020 (issued Mar. 22, 2020)
Quarters
2020 Q2
Limitations
Business closureTelework mandateWorkplace rules
Functions reached
OF office; PF production; WF workforce; SC critical supply chain (list of Critical Businesses)
Grade
Primary source read
Days in this quarter
3

B. All Colorado employers are ordered to implement tele-work or other work from home [capabilities to the greatest extent possible]... reduce in-person work... by at least fifty (50) percent. Achieving at least 50% reduction can be done through multiple strategies such as enabling telecommuting, rotating shifts, and staggering work schedules.

Enforcement: Failure to comply 'is subject to the penalties contained in sections 25-1-114, C.R.S. including a fine' of up to $1,000 and county jail up to one year

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-24 (Mar. 22, 2020) (Ex. CO-011) Open the exhibit

Ex. CO-099
Updated Orders Regarding COVID-19 and Operation of Colorado State Courts of Apr. 16, May 5, June 15 and July 24, 2020

Updated Order Regarding COVID-19 and Operation of Colorado State Courts

Chief Justice Nathan B. Coats, Supreme Court of Colorado, Colorado (Court)

Dates
In force from Apr. 16, 2020 to July 24, 2020
Quarters
2020 Q22020 Q3
Limitations
Gathering capCourts and public offices
Functions reached
CT courts
Grade
Confirmed from a secondary source
Days in this quarter
76 (in force on the last day)

no person shall be required to report for jury service in a state court before June 1, 2020 (Apr. 16, 2020 order, as quoted by Colorado Lawyer); [May 5: before July 6, 2020; June 15: before Aug. 3, 2020]

Enforcement: Administrative orders of the Chief Justice

Citation: Chief Justice Nathan B. Coats, Supreme Court of Colorado, Updated Orders Regarding COVID-19 and Operation of Colorado State Courts of Apr. 16, May 5, June 15 and July 24, 2020 (Apr. 16, 2020) (Ex. CO-099)

Ex. CO-082
Executive Order D 2020 049

Amending Executive Orders D 2020 004, D 2020 006, and D 2020 026 to Extend the Closure of Downhill Ski Areas Due to the Presence of COVID-19 in the State of Colorado

Governor Jared Polis, Colorado (State)

Dates
In force from Apr. 30, 2020 to May 23, 2020
Quarters
2020 Q2
Limitations
Business closureEvents and venues
Functions reached
FC facilities; CB resort customer base; LG lodging demand; WF seasonal workforce
Grade
Primary source read
Days in this quarter
24

I direct all ski area operators, as defined in C.R.S. § 33-44-103(7), to suspend operations at ski areas, as defined in C.R.S. § 33-44-103(6), until [May 23, 2020]

Enforcement: Disaster Emergency Act

Citation: Governor Jared Polis, Executive Order D 2020 049 (Apr. 30, 2020) (Ex. CO-082) Open the exhibit

Ex. CO-001
Executive Order D 2020 003

Declaring a Disaster Emergency Due to the Presence of Coronavirus Disease 2019 in Colorado

Governor Jared Polis, Colorado (State)

Dates
In force from Mar. 11, 2020 to July 8, 2021
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)

hereby issue this Executive Order declaring a state of disaster emergency due to the presence of coronavirus disease 2019 (COVID-19) in Colorado, and authorizing response activities associated with the disaster emergency to enable State agencies to coordinate response, recovery, and mitigation efforts.

Enforcement: Predicate for every executive and public health order below; C.R.S. § 24-33.5-704(7) powers

Citation: Governor Jared Polis, Executive Order D 2020 003 (Mar. 11, 2020) (Ex. CO-001) Open the exhibit

Ex. CO-096
Colorado Health Emergency Leave with Pay ('Colorado HELP') Rules, 7 CCR 1103-10 (emergency rules adopted Mar. 11, 2020; amended Mar. 16, Apr. 3, Apr. 27 and July 14, 2020)

Colorado Health Emergency Leave with Pay Rules

Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Colorado (Sector regulator)

Dates
In force from Mar. 11, 2020 to July 14, 2020
Quarters
2020 Q22020 Q3
Limitations
Workplace rulesQuarantine and isolationOther
Functions reached
WF workforce (paid sick leave for testing, symptoms and quarantine); HR
Grade
Confirmed from a secondary source
Days in this quarter
110 (the whole quarter)

Enforcement: Division of Labor Standards and Statistics wage-and-hour enforcement

Citation: Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Colorado Health Emergency Leave with Pay ('Colorado HELP') Rules, 7 CCR 1103-10 (emergency rules adopted Mar. 11, 2020; amended Mar. 16, Apr. 3, Apr. 27 and July 14, 2020) (Ex. CO-096)

Ex. CO-002
Notice of Public Health Order 20-20

Restricting Visitors at All Colorado Skilled Nursing Facilities, Assisted Living Residences and Intermediate Care Facilities

Colorado Department of Public Health and Environment (CDPHE), Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Mar. 12, 2020 to May 31, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesQuarantine and isolation
Functions reached
VS visitation; IC infection control; HR staffing; CB residents and families
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

Effective March 12, 2020 to protect the public's health and to prevent further [spread]... Facilities shall post signage clearly summarizing the essential individual visitor [restrictions]... Screening documentation must be maintained until further notice

Enforcement: C.R.S. § 25-1-114 (fine up to $1,000; county jail up to one year) as recited in CDPHE orders of March 2020

Citation: Colorado Department of Public Health and Environment (CDPHE), Executive Director Jill Hunsaker Ryan, Notice of Public Health Order 20-20 (Mar. 12, 2020) (Ex. CO-002) Open the exhibit

Ex. CO-100
Division of Motor Vehicles office closures (from Mar. 18, 2020) and emergency rules extending expirations

DMV office closures and document-expiration extensions

Colorado Department of Revenue, Division of Motor Vehicles, Colorado (Sector regulator)

Dates
In force from Mar. 18, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Courts and public officesOther
Functions reached
DM motor-vehicle offices, titles and registrations; FI finance and insurance
Grade
Primary source read
Days in this quarter
105 (in force on the last day)

Enforcement: Department of Revenue emergency rules

Citation: Colorado Department of Revenue, Division of Motor Vehicles, Division of Motor Vehicles office closures (from Mar. 18, 2020) and emergency rules extending expirations (Ex. CO-100)

Ex. CO-008
Executive Order D 2020 011

Ordering the Temporary Suspension of Certain Regulatory Statutes Due to the Presence of COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from Mar. 20, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Alcohol and barsOther
Functions reached
BA bar and alcohol service; TO takeout and delivery; KT kitchen
Grade
Primary source read
Days in this quarter
103 (in force on the last day)

suspend... C.R.S. §§ 44-3-301(3)(a), 44-3-901(1)(g), 44-3-901(10), and 44-4-107(6) to allow retailers licensed for on-premises alcohol consumption to sell, deliver, or provide for takeout of sealed alcohol beverages if the customer, who is [of legal age, also purchases food]... for a period of thirty (30) days until April 18, 2020

Enforcement: Liquor Enforcement Division; suspension of enforcement of the cited statutes

Citation: Governor Jared Polis, Executive Order D 2020 011 (Mar. 20, 2020) (Ex. CO-008) Open the exhibit

Ex. CO-009
Executive Order D 2020 012

Order Limiting Evictions, Foreclosures, and Public Utility Disconnections and Expediting Unemployment Insurance Claim Processing to Provide Relief to Coloradans Affected by COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from Mar. 20, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Courts and public officesOther
Functions reached
PM property management; SV servicing, collections and foreclosure; CL closings; CB tenants and borrowers
Grade
Primary source read
Days in this quarter
42

I direct the Executive Directors of the Department of Local Affairs (DOLA) [and DORA]... [to] work with property owners and landlords to... avoid removing or executing eviction procedures against [tenants for non-]payment of rent or minor tenancy violations until April 30, 2020... I direct the Executive Director of the Department of Public [Safety to work with law enforcement to suspend] eviction activity in the State until April 30, 2020 unless such actions are necessary [for public safety]

Enforcement: Executive direction to State agencies and law enforcement; DORA/Division of Banking direction to lenders on foreclosures

Citation: Governor Jared Polis, Executive Order D 2020 012 (Mar. 20, 2020) (Ex. CO-009) Open the exhibit

Ex. CO-006
Executive Order D 2020 007

Ordering Suspension of Normal In-Person Instruction at All Public and Private Elementary and Secondary Schools in the State of Colorado Due to the Presence of COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from Mar. 23, 2020 to Apr. 17, 2020 (issued Mar. 18, 2020)
Quarters
2020 Q2
Limitations
Schools and child careOther
Functions reached
WF workforce (parents of school-age children); IN in-person instruction; FS school food service
Grade
Primary source read
Days in this quarter
26

shall suspend normal in-person instruction from March 23, 2020 to April 17, [2020]

Enforcement: Directive to CDE and school districts under the Disaster Emergency Act

Citation: Governor Jared Polis, Executive Order D 2020 007 (Mar. 18, 2020) (Ex. CO-006) Open the exhibit

Ex. CO-007
Executive Order D 2020 009

Ordering the Temporary Cessation of All Elective and Non-Essential Surgeries and Procedures and Preserving Personal Protective Equipment and Ventilators in Colorado Due to the Presence of COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from Mar. 23, 2020 to Apr. 14, 2020 (issued Mar. 19, 2020)
Quarters
2020 Q2
Limitations
Health care ordersSupply chain
Functions reached
SX surgery and elective procedures; PR dental procedures; CH chairside care; SC PPE supply; CB patients
Grade
Primary source read
Days in this quarter
23

all voluntary or elective surgeries or procedures, whether medical, dental, or veterinary, are suspended in the State of Colorado until April 14, 2020 at the earliest

Enforcement: Directive under the Disaster Emergency Act; PPE allocation through the State Emergency Operations Center

Citation: Governor Jared Polis, Executive Order D 2020 009 (Mar. 19, 2020) (Ex. CO-007) Open the exhibit

Ex. CO-087
Executive Order D 2020 015

Authorizing the Executive Directors of Certain State Agencies to Promulgate and Issue Emergency Rules Extending the Expiration Date of Licenses and Other Documents Due to the Presence of COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from Mar. 25, 2020 to May 7, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public officesOther
Functions reached
DM motor-vehicle offices, titles and registrations; HR credentialing and licensing; FI banking licenses
Grade
Primary source read
Days in this quarter
98 (in force on the last day)

[authorizes the Executive Directors to] promulgate and issue emergency rules extending the expiration date of licenses and other [documents]... J. I authorize the Executive Director of the Department of Revenue, as determined to [be necessary, to extend:] Commercial driver licenses, issued by the Division of Motor Vehicles, pursuant to C.R.S. § 42-2-403... 9. Vehicle registration requiring emissions test, C.R.S. § 42-4-310... [licenses issued by the Division of Banking; professional licenses that would] expire on the basis of a lack of renewal during the next thirty [days]

Enforcement: Agency emergency rules under C.R.S. § 24-4-103(6)

Citation: Governor Jared Polis, Executive Order D 2020 015 (Mar. 25, 2020) (Ex. CO-087) Open the exhibit

Ex. CO-014
Executive Order D 2020 019 (Mar. 27, 2020)

Ordering the Temporary Suspension of the Personal Appearance Requirement for Notarization due to the Presence of COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from Mar. 27, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Courts and public officesOther
Functions reached
CL closings, notaries and recorders; CT courts and agencies; FI finance documents
Grade
Primary source read
Days in this quarter
96 (in force on the last day)

temporary suspension of the personal appearance requirement before notarial officers to perform notarizations, and authorizes the Secretary of State to promulgate and issue temporary emergency rules to permit notarial officers to perform remote notarizations... where a person appears before a notarial officer remotely, by real-time audio-video [communication]

Enforcement: Secretary of State emergency rules (8 CCR 1505-11)

Citation: Governor Jared Polis, Executive Order D 2020 019 (Mar. 27, 2020) (Ex. CO-014) Open the exhibit

Ex. CO-088
Executive Order D 2020 020

Ordering the Temporary Suspension of Certain Statutes to Expand the Use of Telehealth Services Due to the Presence of COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from Apr. 1, 2020 to July 6, 2020
Quarters
2020 Q22020 Q3
Limitations
Health care ordersOther
Functions reached
TM telehealth under waivers; CL clinical intake; IN insurance coverage rules; CB patients and payers
Grade
Primary source read
Days in this quarter
91 (in force on the last day)

H. I direct the Colorado Department of Regulatory Agencies' (DORA) Division of [Insurance to promulgate emergency regulations requiring carriers to reimburse telehealth services and to permit telehealth by telephone]... shall expire thirty (30) days from April 1, 2020

Enforcement: Division of Insurance emergency regulation; HCPF rule

Citation: Governor Jared Polis, Executive Order D 2020 020 (Apr. 1, 2020) (Ex. CO-088) Open the exhibit

Ex. CO-062
Executive Order D 2020 025

Rescinding Executive Order D 2020 013 Concerning Colorado Employers Reducing In-Person Workforce by Fifty Percent Due to the Presence of COVID-19 in the State

Governor Jared Polis, Colorado (State)

Dates
In force from Apr. 6, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Telework mandateWorkplace rules
Functions reached
OF; PF; WF
Grade
Primary source read
Days in this quarter
86 (in force on the last day)

[Rescinds D 2020 013 because the Stay at Home order D 2020 017, which closed all non-critical businesses to in-person work, superseded the fifty-percent reduction]

Enforcement: n/a

Citation: Governor Jared Polis, Executive Order D 2020 025 (Apr. 6, 2020) (Ex. CO-062) Open the exhibit

Ex. CO-063
Executive Order D 2020 035

Amending Executive Orders D 2020 007 and D 2020 021 to Promote the Provision of Emergency Child Care for Essential Workers and to Temporarily Suspend Certain Statutes to Enable Schools to Focus on Student [Needs]

Governor Jared Polis, Colorado (State)

Dates
In force from Apr. 14, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Schools and child careQuarantine and isolationOther
Functions reached
EC child care (emergency-only, cohorted); WF workforce; IN schools
Grade
Primary source read
Days in this quarter
78 (in force on the last day)

I direct local public health agencies to work with child care providers and [school districts to provide emergency child care for essential workers]... [where a case is identified in a] facility, I direct the facility to work in partnership with the appropriate local [public health agency; the] facility or affected portion shall close for no less [than 72 hours]... L. I direct CDHS to access additional federal Child Care Development [Funds]

Enforcement: Directive under the Disaster Emergency Act; local public health agency closure of facilities

Citation: Governor Jared Polis, Executive Order D 2020 035 (Apr. 14, 2020) (Ex. CO-063) Open the exhibit

Ex. CO-017
Executive Order D 2020 039

Ordering Workers in Critical Businesses and Critical Government Functions to Wear Non-Medical Face Coverings

Governor Jared Polis, Colorado (State)

Dates
In force from Apr. 17, 2020 to July 16, 2020
Quarters
2020 Q22020 Q3
Limitations
Face-covering requirementWorkplace rules
Functions reached
all in-person worker functions (EMP); SF sales floor; PF production floor
Grade
Primary source read
Days in this quarter
75 (in force on the last day)

I direct the Executive Director of CDPHE to issue a public health order [requiring workers in Critical Businesses and Critical Government Functions to] 1. Wear medical or non-medical cloth face coverings that cover the [nose and mouth while working]

Enforcement: PHO 20-26, C.R.S. § 25-1-114

Citation: Governor Jared Polis, Executive Order D 2020 039 (Apr. 17, 2020) (Ex. CO-017) Open the exhibit

Ex. CO-018
Executive Order D 2020 041

Amending and Extending Executive Orders D 2020 007, D 2020 021, and D 2020 035 to Suspend Normal In-Person Instruction at All Public and Private Elementary and Secondary Schools in the State of Colorado Until the End of the School Year Due to the Presence of COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from Apr. 22, 2020 to May 21, 2020
Quarters
2020 Q2
Limitations
Schools and child careOther
Functions reached
WF workforce (child care burden); IN instruction; AC athletics and events
Grade
Primary source read
Days in this quarter
30

I direct all P-12 schools to suspend normal in-person instruction from March 23, 2020 until the end of the scheduled 2019-2020 regular school year.

Enforcement: Directive to CDE, districts and the Charter School Institute

Citation: Governor Jared Polis, Executive Order D 2020 041 (Apr. 22, 2020) (Ex. CO-018) Open the exhibit

Ex. CO-021
Executive Order D 2020 045

Permitting the Limited Recommencement of Voluntary or Elective Surgeries and Procedures in Colorado

Governor Jared Polis, Colorado (State)

Dates
In force from Apr. 27, 2020 to June 30, 2021 (issued Apr. 26, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementHealth care ordersWorkplace rules
Functions reached
SX surgery; PR procedures; CH chairside dental care; ST sterilization and PPE; FD scheduling; CB patients
Grade
Primary source read
Days in this quarter
65 (in force on the last day)

A. Medical, dental, or veterinary voluntary or elective surgeries and procedures may [resume subject to conditions]... B. Facilities performing medical, dental or veterinary voluntary or elective surgeries and procedures shall establish a plan to reduce or stop voluntary or elective [surgeries and procedures if required]... E. I direct the Executive Director of CDPHE to issue a PHO consistent with the directives [including] requirements... ii. Use of PPE or face coverings for providers, staff, patients, and visitors

Enforcement: PHO 20-29 conditions; C.R.S. § 25-1-114

Citation: Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. CO-021) Open the exhibit

Ex. CO-022
Public Health Order 20-29

Limited Recommencement of Voluntary or Elective Surgeries and Procedures in Colorado

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Apr. 27, 2020 to Apr. 9, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementHealth care ordersWorkplace rules
Functions reached
SX; PR; CH; ST fallow time and PPE; FD virtual waiting rooms; SC PPE supply; CB
Grade
Primary source read
Days in this quarter
65 (in force on the last day)

I. Effective April 27, 2020, Voluntary or Elective Surgeries and Procedures at Medical, Dental, and Veterinary settings, including healthcare facilities, clinics, offices or practices, [may resume only if the requirements of this Order are met]... Medical Facilities shall require all patients and visitors to wear a face covering... Prior to resuming Voluntary or Elective Surgeries and Procedures in dental Facilities,... The dental Facility must have access to adequate PPE supplies

Enforcement: C.R.S. § 25-1-114; facilities that cannot meet PPE, testing and capacity conditions may not perform elective procedures

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-29 (Apr. 27, 2020) (Ex. CO-022) Open the exhibit

Ex. CO-085
Legislative Council Staff Memorandum, 'Court Operations During COVID-19'

Memorandum on Colorado court operations during the COVID-19 emergency

Legislative Council Staff, Colorado General Assembly (nonpartisan memorandum describing Judicial Branch orders), Colorado (State)

Dates
In force from May 8, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Courts and public offices
Functions reached
CT courts
Grade
Confirmed from a secondary source
Days in this quarter
54 (in force on the last day)

The Chief Justice issued an order on March 16, 2020, that set general parameters for the operation of state courts during this public health crisis. The order suspends jury trials, but [designates essential functions]... order extending the prohibition on jury calls until at least July 6, 2020

Enforcement: n/a

Citation: Legislative Council Staff, Colorado General Assembly (nonpartisan memorandum describing Judicial Branch orders), Legislative Council Staff Memorandum, 'Court Operations During COVID-19' (May 8, 2020) (Ex. CO-085) Open the exhibit

Ex. CO-029
Executive Order D 2020 101

Ordering the Temporary Limiting of Certain Evictions to Provide Relief to Coloradans Affected by COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from June 13, 2020 to Oct. 15, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Courts and public officesOther
Functions reached
PM property management; SV collections; CB tenants
Grade
Primary source read
Days in this quarter
18 (in force on the last day)

[Suspends the statutory ten-day demand period so that a] thirty (30) day period [precedes any eviction for nonpayment; during that] day period, tenants shall have the opportunity to cure any default for nonpayment.... I direct the Executive Director of DOLA to work with landlords to implement the model [repayment agreement]

Enforcement: Suspension of C.R.S. § 13-40-104 demand period; courts apply the extended notice

Citation: Governor Jared Polis, Executive Order D 2020 101 (June 13, 2020) (Ex. CO-029) Open the exhibit

Ex. CO-049
Public Health Order 20-31 (Amended)

Face Coverings for Critical Businesses and Mass Transportation Operations

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from June 30, 2020 to July 20, 2020
Quarters
2020 Q22020 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
TR transit; WF commuting workforce; all in-person worker functions
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

I. Face Coverings. All employees, contractors, and others providing services for Mass [Transportation Operations and Critical Businesses who work in close proximity to other employees or the public shall wear a] medical or non-medical cloth face covering that covers the nose and mouth while working

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-31 (Amended) (June 30, 2020) (Ex. CO-049) Open the exhibit

Agencies, boards and authorities: Colorado

Ex. AGY-ST-ALCOHOL-110
LED Bulletin 20-07 re Emergency Regulations 47-302(F) (COVID-19 Temporary Modification of On-Premises Licenses) and 47-1102 (Compliance with Public Health Orders and Executive Orders)

Bulletin 20-07: Emergency Regulations 47-302(F) COVID-19 Temporary Modification of On-Premises Licenses and 47-1102 Compliance with Public Health Orders and Executive Orders

Colorado Department of Revenue, Liquor Enforcement Division, Colorado (State alcoholic-beverage regulator) (Sector regulator)

Dates
In force from May 27, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Business closureCapacity limitAlcohol and barsWorkplace rules
Functions reached
DR; BA; EMP; OP
Grade
Primary source read
Days in this quarter
35 (in force on the last day)

Due to COVID-19, liquor establishments licensed for on-premises sales and consumption of alcohol beverages were [closed to on-premises consumption]. Emergency Regulation 47-302(F) is being adopted to allow on-premises liquor licensed businesses to apply for temporary modifications with their local and state licensing authority and to pre plan for temporary outdoor seating areas that support social distancing requirements. If your local jurisdiction does not have an approved variance, you are still unable to open at this time for on-premises consumption of alcohol beverages and food service

Enforcement: Regulation 47-1102 makes compliance with public health orders and executive orders a license requirement; C.R.S. § 44-3-601

Citation: Colorado Department of Revenue, Liquor Enforcement Division, LED Bulletin 20-07 re Emergency Regulations 47-302(F) (COVID-19 Temporary Modification of On-Premises Licenses) and 47-1102 (Compliance with Public Health Orders and Executive Orders) (May 27, 2020) (Ex. AGY-ST-ALCOHOL-110) Open the exhibit

Ex. AGY-ST-ALCOHOL-109
LED Bulletin 20-06 re Updated Guidance Regarding LED Response to "Safer at Home" Orders

Bulletin 20-06: Updated Guidance Regarding LED Response to Safer at Home Orders

Colorado Department of Revenue, Liquor Enforcement Division, Colorado (State alcoholic-beverage regulator) (Sector regulator)

Dates
In force from Apr. 27, 2020 to June 30, 2020 (issued May 1, 2020)
Quarters
2020 Q2
Limitations
Business closureAlcohol and barsWorkplace rules
Functions reached
BA; DR; TO
Grade
Confirmed from a secondary source
Days in this quarter
65 (in force on the last day)

Enforcement: C.R.S. § 44-3-601

Citation: Colorado Department of Revenue, Liquor Enforcement Division, LED Bulletin 20-06 re Updated Guidance Regarding LED Response to "Safer at Home" Orders (May 1, 2020) (Ex. AGY-ST-ALCOHOL-109)

Ex. AGY-ST-LABOR-WORKPLACE-044
Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, 7 CCR 1103-10 (adopted Mar. 11, 2020; amended Mar. 26, Apr. 3, Apr. 27 and July 14, 2020)

Colorado HELP Rules: paid sick leave for employees in specified industries with flu-like or respiratory symptoms who are being tested for COVID-19 or are under quarantine or isolation instructions

Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Colorado; Division of Labor Standards and Statistics, Department of Labor and Employment (statewide) (Sector regulator)

Dates
In force from Mar. 11, 2020 to July 14, 2020
Quarters
2020 Q22020 Q3
Limitations
Workplace rulesQuarantine and isolation
Functions reached
WF workforce availability; HR leave administration; OP payroll; SL salon and personal care; DR dining room and food service; SF retail sales floor; OF offices; CL clinical (elective health services)
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

3.1 Any employer engaged in, or employing workers in, the field of leisure and hospitality, food services, retail establishments, real estate sales and leasing, offices and office work, elective health services (including medical, dental, or other health services), personal care services (defined as hair, beauty, spas, massage, tattoos, pet care, or substantially similar services), food and beverage manufacturing, child care, education at all levels... shall provide up to four days of paid sick leave to an employee with flu-like or respiratory illness symptoms who is being tested for COVID-19 or under instructions from a health care provider to quarantine or isolate.

Enforcement: Division of Labor Standards and Statistics wage-claim and rule-enforcement procedures (C.R.S. §§ 8-1-111, 8-4-111); Rule 6.1 preserves investigation of violations after July 14, 2020

Citation: Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, 7 CCR 1103-10 (adopted Mar. 11, 2020; amended Mar. 26, Apr. 3, Apr. 27 and July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-044) Open the exhibit

Ex. AGY-ST-ALCOHOL-108
LED Delivery Permit Notification

LED - Delivery Permit Notification (state delivery permit required for retail deliveries)

Colorado Department of Revenue, Liquor Enforcement Division, Colorado (State alcoholic-beverage regulator) (Sector regulator)

Dates
In force from Mar. 20, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Alcohol and barsOther
Functions reached
TO; RT; BA
Grade
Confirmed from a secondary source
Days in this quarter
103 (in force on the last day)

delivery permit applications from any retailer licensed pursuant to section 44-3-409 or 44-3-410, or 44-4-107(1)(a), C.R.S., must hold a valid delivery permit issued by the state licensing authority to [deliver]... The Delivery Permit application is only available online.

Enforcement: C.R.S. § 44-3-601 (suspension, revocation)

Citation: Colorado Department of Revenue, Liquor Enforcement Division, LED Delivery Permit Notification (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-108) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-064
Temporary Licensing Order, Case Number 2020-CDS-007

Temporary Relief for Registrants Affected by the COVID-19 Outbreak

Tung Chan, Securities Commissioner, Colorado; Division of Securities, Department of Regulatory Agencies (State securities regulator) (Sector regulator)

Dates
In force from Mar. 20, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Telework mandateOther
Functions reached
WM broker-dealers and advisers (displaced personnel; temporary offices); OP; HR
Grade
Primary source read
Days in this quarter
42

A. Such financial professionals are temporarily exempted from the registration and filing requirements of the Colorado Securities Act 11-51-401 and related regulations in the following circumstances: 1. The financial professional is displaced and working from a location outside of the jurisdiction in which he/she/it is currently register[ed]... [2.] Open and maintain a temporary branch office or office of supervisory jurisdiction in Colorado that was not in operation on March 1, 2020, provided that the financial professional [informs the Division]... Pursuant to 11-51-704(2), C.R.S., the commissioner finds that entry of this Order is necessary [and in the public interest]... This Temporary Order shall remain in effect until April 30, 2020, unless extended or [terminated]. DATE: March 20, 2020

Enforcement: C.R.S. §§ 11-51-602, 11-51-603 (enforcement; penalties)

Citation: Tung Chan, Securities Commissioner, Temporary Licensing Order, Case Number 2020-CDS-007 (Mar. 20, 2020) (Ex. AGY-ST-INSURANCE-BANKING-064) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-011
Executive Order D 2020 016

Temporarily Suspending Certain Regulatory Statutes Concerning Criminal Justice Due to the Presence of COVID-19 (suspension of the Department of Corrections' duty to receive and take custody of prisoners; earned-time and special-needs-parole criteria suspended; community corrections funding)

Governor Jared Polis, Colorado (Governor; Department of Corrections; Department of Public Safety; community corrections); State level (State)

Dates
In force from Mar. 25, 2020 to Dec. 31, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Health care ordersOther
Functions reached
CB county jails and their vendors (sentenced population retained 'in any pre-transfer facility'); OP DOC intake and reception; CB community corrections contractors (subsistence payments suspended; funding shifted); SC
Grade
Primary source read
Days in this quarter
98 (in force on the last day)

A. In compliance with Centers for Disease Control and Prevention's (CDC) Interim Guidance on Management of Correctional and Detention Facilities, I temporarily suspend the Colorado Department of Corrections' (DOC) duty to receive and take custody of prisoners pursuant to C.R.S. § 16-11-301 and -308. I direct DOC to identify the criteria that would justify the acceptance of such prisoners. Offenders shall remain in any pre-transfer facility until otherwise directed by the DOC. B. I temporarily suspend the caps and criteria on awards of earned time credits set forth in C.R.S. § 17-22.5-405.... G. I direct DPS to identify funding allocated in the Fiscal Year 2019-2020 to be utilized for the purposes of suspending the $17.00 a day subsistence payments required from community corrections clients...

Enforcement: C.R.S. § 24-33.5-704(4) (orders have the force and effect of law); suspension of statutes

Citation: Governor Jared Polis, Executive Order D 2020 016 (Mar. 25, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-011) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-012
Executive Order D 2020 043

Amending and Extending Executive Order D 2020 016 Temporarily Suspending Certain Regulatory Statutes Concerning Criminal Justice (intensive supervision program criteria; community corrections time credits)

Governor Jared Polis, Colorado (Governor; Department of Corrections; community corrections); State level (State)

Dates
In force from Apr. 23, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Other
Functions reached
CB community corrections contractors (population reductions); OP DOC supervision programs
Grade
Primary source read
Days in this quarter
69 (in force on the last day)

This Executive Order amends and extends Executive Order D 2020 016 for an additional thirty (30) days and temporarily suspends additional statutes so that DOC can take further action to prevent the spread of COVID-19 in Colorado prisons.... I. I temporarily suspend the provisions of C.R.S. §§ 17-27.5-102(2) and (4) regarding the standards and criteria for intensive supervision programs... J. I temporarily suspend the provisions related to time credit deductions for offenders sentenced directly to a community corrections program in C.R.S. § 18-1.3-301(1)(i). The administrator of each community corrections program shall have discretion to make awards of time credit deductions... to safely facilitate the reduction of the State's incarcerated population.

Enforcement: C.R.S. § 24-33.5-704(4)

Citation: Governor Jared Polis, Executive Order D 2020 043 (Apr. 23, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-012) Open the exhibit

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

Federal layer

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332
General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-333
General Order 72-6

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563 and F880 survey enforcement

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

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

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

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

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

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

Enforcement: same as FED-027

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

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

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-202
Proclamation 9993

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-203
Proclamation 9996

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

President Donald J. Trump, United States (Federal)

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

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

Enforcement: Sec. 3 implementation by State and DHS

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

Ex. FED-311
Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

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

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

Enforcement: court order

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

Ex. FED-367
Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

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

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

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

Enforcement: VA program guidance to participants

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

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

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

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

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

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

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

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

Ex. FED-070
Executive Order 13909

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

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

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

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

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

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

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

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

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

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

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

Enforcement: OMB directive to awarding agencies

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

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

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

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

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

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

Enforcement: order of the Court

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

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

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

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

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

Enforcement: USDA program requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: 42 U.S.C. § 271

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

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

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

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

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

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

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

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

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

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

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

State of Colorado

Ex. CO-050
Public Health Order 20-32

Protect Our Neighbors

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from July 6, 2020 to July 6, 2020 (issued July 10, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capWorkplace rules
Functions reached
all sectors (50 percent cap even at the least restrictive tier)
Grade
Primary source read
Days in this quarter
1

[Counties with low virus levels and adequate public health capacity] can seek certification to enter into Protect Our Neighbors... The certification process shall [require metrics on virus levels, public health capacity and health system capacity; certified jurisdictions may permit activities at 50 percent of pre-pandemic capacity]... Counties and regions shall have a three week period of time [to address noncompliance]

Enforcement: CDPHE certification, review and revocation

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-32 (July 10, 2020) (Ex. CO-050) Open the exhibit

Ex. CO-030
Executive Order D 2020 127

Protect Our Neighbors

Governor Jared Polis, Colorado (State)

Dates
In force from July 9, 2020 to Oct. 30, 2020
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capWorkplace rules
Functions reached
all sectors (capacity 50 percent in certified counties)
Grade
Primary source read
Days in this quarter
84 (in force on the last day)

D. I direct the Executive Director of CDPHE to create a certification process to allow [qualifying counties or regions to]... E. I direct the Executive Director of CDPHE to issue a new public health order [permitting activities in certified jurisdictions at] fifty percent (50%) pre-pandemic capacity, which can be increased over time through [subsequent public health orders]

Enforcement: CDPHE certification and revocation; PHO 20-32

Citation: Governor Jared Polis, Executive Order D 2020 127 (July 9, 2020) (Ex. CO-030) Open the exhibit

Ex. CO-026
Ninth Amended Public Health Order 20-28

Safer at Home and in the Vast, Great Outdoors

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from July 30, 2020; end: Thirty days from July 21, 2020; superseded by the Tenth Amended PHO 20-28 (Aug.…
Quarters
2020 Q3
Limitations
Capacity limitGathering capCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached
BA; DR; PE; FC; GATH; OF
Grade
Primary source read
Days in this quarter
63 (in force on the last day)

[Carries forward the June 18 capacity and gathering limits and incorporates D 2020 142's requirement that on-premises licensees cease] alcohol beverage sales to [end consumers at 10:00 P.M. each day]

Enforcement: C.R.S. § 25-1-114; Liquor Enforcement Division

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Ninth Amended Public Health Order 20-28 (July 30, 2020) (Ex. CO-026) Open the exhibit

Ex. CO-027
Tenth Amended Public Health Order 20-28

Safer at Home and in the Vast, Great Outdoors

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Aug. 21, 2020 to Sept. 15, 2020
Quarters
2020 Q3
Limitations
Capacity limitGathering capCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached
all Safer at Home sectors
Grade
Primary source read
Days in this quarter
26

[Restates the Safer at Home regime: gatherings of ten; restaurants 50 percent; bars 25 percent or 50; indoor events 100 and outdoor 175; gyms 25 percent; offices 50 percent; and the alcohol last-call provisions of D 2020 142, 144 and 170]... 5. Effective June 30, 2020, professional sports may resume pre-season [without spectators]

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Tenth Amended Public Health Order 20-28 (Aug. 21, 2020) (Ex. CO-027) Open the exhibit

Ex. CO-033
Public Health Order 20-35

Safer at Home Dial

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Sept. 15, 2020 to Nov. 2, 2020
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
all sectors by level
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

A. Effective September 15, 2020, Safer at Home consists of three levels that counties qualify for based on meeting three specific metrics. Counties will begin in the level that [most closely fits their current approval]... [Level 1 Cautious, Level 2 Concern, Level 3 High Risk, with Protect Our Neighbors above and Stay at Home below, each fixing capacity limits for offices, retail, restaurants, bars, gyms, events, worship and personal services and gathering limits of 10 or 25]

Enforcement: C.R.S. § 25-1-114; CDPHE may move counties to more restrictive levels

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-35 (Sept. 15, 2020) (Ex. CO-033) Open the exhibit

Ex. CO-072
Executive Order D 2020 199

Amending and Extending Executive Orders D 2020 091, D 2020 123, D 2020 142, D 2020 144, and D 2020 170 Safer at Home and in the Vast, Great Outdoors

Governor Jared Polis, Colorado (State)

Dates
In force from Sept. 21, 2020 to Oct. 6, 2020 (issued Sept. 19, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitCurfew and hoursAlcohol and bars
Functions reached
BA bar and alcohol service; DR late dining
Grade
Primary source read
Days in this quarter
10 (in force on the last day)

Effective 10:00 P.M. MDT on Monday, September 21, 2020, pursuant to [C.R.S. § 24-33.5-704(7)(h), CDPHE may set a time] before 2:00 A.M. MDT for counties to cease alcohol beverage sales to end [consumers based on each county's Safer at Home level]... [licensees may continue] making alcohol beverage sales for delivery until 2:00 A.M. MDT but takeout alcohol beverage sales are not permitted after 11:00 P.M. MDT.

Enforcement: Liquor Enforcement Division; license action

Citation: Governor Jared Polis, Executive Order D 2020 199 (Sept. 19, 2020) (Ex. CO-072) Open the exhibit

Ex. CO-032
Executive Order D 2020 142

Amending and Extending Executive Orders D 2020 091 and D 2020 123 Safer at Home and in the Vast, Great Outdoors

Governor Jared Polis, Colorado (State)

Dates
In force from July 23, 2020; end: Thirty days from July 21, 2020; extended by D 2020 144 (July 23) and D 2020 170… (issued July 21, 2020)
Quarters
2020 Q3
Limitations
Curfew and hoursAlcohol and bars
Functions reached
BA bar and alcohol service; DR late dining; CN concessions
Grade
Primary source read
Days in this quarter
70 (in force on the last day)

O. Effective 9:00 A.M. MDT on Thursday July 23, 2020, Pursuant to Colorado [Revised Statute § 24-33.5-704(7)(h), all on-premises licensees licensed under Articles 3,] 4, and 5 of Title 44 of the Colorado Revised Statutes must cease alcohol beverage sales to end consumers at 10:00 P.M. MDT each day.

Enforcement: Liquor Enforcement Division; license action

Citation: Governor Jared Polis, Executive Order D 2020 142 (July 21, 2020) (Ex. CO-032) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. CO-025CDPHE, Executive Director Jill Hunsaker Ryan, Seventh Amended Public Health Order 20-28 (June 18, 2020) (Ex. CO-025)In force from June 18, 2020; end: Thirty days from June 1, 2020; superseded by the Eighth Amended (June 30), Ninth…Business closureCapacity limitGathering capAlcohol and barsEvents and venuesWorkplace rules
Ex. CO-028Governor Jared Polis, Executive Order D 2020 091 (June 1, 2020) (Ex. CO-028)In force from June 1, 2020 to Oct. 6, 2020Telework mandateCapacity limitGathering capTravel and quarantineEvents and venuesWorkplace rules
Ex. CO-056Chief Justice Nathan B. Coats, Supreme Court of Colorado, Order Regarding COVID-19 and Operation of Colorado State Courts (Mar. 16, 2020) (Ex. CO-056)In force from Mar. 16, 2020 to Sept. 30, 2020Telework mandateGathering capCourts and public offices
Ex. CO-099Chief Justice Nathan B. Coats, Supreme Court of Colorado, Updated Orders Regarding COVID-19 and Operation of Colorado State Courts of Apr. 16, May 5, June 15 and July 24, 2020 (Apr. 16, 2020) (Ex. CO-099)In force from Apr. 16, 2020 to July 24, 2020Gathering capCourts and public offices
Ex. CO-001Governor Jared Polis, Executive Order D 2020 003 (Mar. 11, 2020) (Ex. CO-001)In force from Mar. 11, 2020 to July 8, 2021Emergency declaration
Ex. CO-096Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Colorado Health Emergency Leave with Pay ('Colorado HELP') Rules, 7 CCR 1103-10 (emergency rules adopted Mar. 11, 2020; amended Mar. 16, Apr. 3, Apr. 27 and July 14, 2020) (Ex. CO-096)In force from Mar. 11, 2020 to July 14, 2020Workplace rulesQuarantine and isolationOther
Ex. CO-002Colorado Department of Public Health and Environment (CDPHE), Executive Director Jill Hunsaker Ryan, Notice of Public Health Order 20-20 (Mar. 12, 2020) (Ex. CO-002)In force from Mar. 12, 2020 to May 31, 2021Health care ordersWorkplace rulesQuarantine and isolation
Ex. CO-100Colorado Department of Revenue, Division of Motor Vehicles, Division of Motor Vehicles office closures (from Mar. 18, 2020) and emergency rules extending expirations (Ex. CO-100)In force from Mar. 18, 2020 to Sept. 30, 2020Courts and public officesOther
Ex. CO-008Governor Jared Polis, Executive Order D 2020 011 (Mar. 20, 2020) (Ex. CO-008)In force from Mar. 20, 2020 to Sept. 30, 2021Alcohol and barsOther
Ex. CO-087Governor Jared Polis, Executive Order D 2020 015 (Mar. 25, 2020) (Ex. CO-087)In force from Mar. 25, 2020 to May 7, 2021Courts and public officesOther
Ex. CO-014Governor Jared Polis, Executive Order D 2020 019 (Mar. 27, 2020) (Ex. CO-014)In force from Mar. 27, 2020 to Sept. 30, 2020Courts and public officesOther
Ex. CO-088Governor Jared Polis, Executive Order D 2020 020 (Apr. 1, 2020) (Ex. CO-088)In force from Apr. 1, 2020 to July 6, 2020Health care ordersOther
Ex. CO-017Governor Jared Polis, Executive Order D 2020 039 (Apr. 17, 2020) (Ex. CO-017)In force from Apr. 17, 2020 to July 16, 2020Face-covering requirementWorkplace rules
Ex. CO-021Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. CO-021)In force from Apr. 27, 2020 to June 30, 2021 (issued Apr. 26, 2020)Face-covering requirementHealth care ordersWorkplace rules
Ex. CO-022CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-29 (Apr. 27, 2020) (Ex. CO-022)In force from Apr. 27, 2020 to Apr. 9, 2021Face-covering requirementHealth care ordersWorkplace rules
Ex. CO-029Governor Jared Polis, Executive Order D 2020 101 (June 13, 2020) (Ex. CO-029)In force from June 13, 2020 to Oct. 15, 2020Courts and public officesOther
Ex. CO-049CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-31 (Amended) (June 30, 2020) (Ex. CO-049)In force from June 30, 2020 to July 20, 2020Face-covering requirementTravel and quarantineWorkplace rules

Agencies, boards and authorities: Colorado

Ex. AGY-ST-LABOR-WORKPLACE-004
Senate Bill 20-205, the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq.

Concerning paid sick leave for employees; public health emergency leave supplement (§ 8-13.3-405); interim COVID-19 paid sick leave for every employer from the effective date through December 31, 2020 (§ 8-13.3-416)

Colorado General Assembly; signed by Governor Polis, Colorado; General Assembly (enforced by the Division of Labor Standards and Statistics, Department of Labor and Employment) (State)

Dates
In force from July 14, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesQuarantine and isolation
Functions reached
WF workforce availability (up to 80 hours of paid public-health-emergency leave for every employee); HR leave administration, notice and posting; OP payroll; CB (every Colorado employer in every industry)
Grade
Primary source read
Days in this quarter
79 (in force on the last day)

8-13.3-405. Additional paid sick leave during a public health emergency. (1) In addition to paid sick leave accrued under section 8-13.3-403, on the date a public health emergency is declared, each employer in the state shall supplement each employee's accrued paid sick leave as necessary to ensure that an employee may take... (a) For employees who normally work forty or more hours in a week, at least eighty hours.

Enforcement: C.R.S. § 8-13.3-407 (retaliation prohibited); §§ 8-13.3-410 and -411 (Division enforcement, fines, complaints and civil actions)

Citation: Colorado General Assembly; signed by Governor Polis, Senate Bill 20-205, the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq. (July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-004) Open the exhibit

Ex. AGY-ST-UTILITIES-HOUSING-AG-036
House Bill 20-1414

Concerning a Prohibition Against Engaging in Price Gouging for a Period Following a Declared Disaster (C.R.S. 6-1-730)

Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis, Colorado (General Assembly; enforced by the Attorney General and district attorneys) (State)

Dates
In force from July 14, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Other
Functions reached
SF pricing of building-material, food, fuel, medical-supply and emergency-supply sellers; JS and RP repair and reconstruction service pricing; DR and WH transportation, freight, storage and towing service pricing; SC supplier cost documentation; CB
Grade
Primary source read
Days in this quarter
79 (in force on the last day)

6-1-730. Price gouging during declared disaster prohibited - deceptive trade practice - legislative declaration - definitions.... (2) A person engages in an unfair and unconscionable act or practice when, during a disaster period and within the designated area, the person charges a price so excessive as to amount to price gouging in: (a) the sale or offer for sale of: (I) building materials;... [consumer food items; emergency supplies; fuel; medical supplies; and other necessities]; or (b) [repair or reconstruction services; transportation, freight, or storage services]... (m)(I) 'Transportation, freight, or storage services' means a service that is performed by a person that: (A) contracts to move, transport, or store property; or (B) rents equipment for the purpose of moving, transporting, or storing property. (II) 'Transportation, freight, or storage services' includes towing…

Enforcement: Colorado Consumer Protection Act remedies, C.R.S. 6-1-110 to -113 (Attorney General and district attorney actions; civil penalties up to $20,000 per violation); the seller's defense is that the increase is 'directly attributable to additional costs imposed on the seller by the seller's supplier or suppliers or other direct costs' of the disaster

Citation: Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis, House Bill 20-1414 (July 14, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-036) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-ALCOHOL-110Colorado Department of Revenue, Liquor Enforcement Division, LED Bulletin 20-07 re Emergency Regulations 47-302(F) (COVID-19 Temporary Modification of On-Premises Licenses) and 47-1102 (Compliance with Public Health Orders and Executive Orders) (May 27, 2020) (Ex. AGY-ST-ALCOHOL-110)In force from May 27, 2020 to Sept. 30, 2020Business closureCapacity limitAlcohol and barsWorkplace rules
Ex. AGY-ST-LABOR-WORKPLACE-044Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, 7 CCR 1103-10 (adopted Mar. 11, 2020; amended Mar. 26, Apr. 3, Apr. 27 and July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-044)In force from Mar. 11, 2020 to July 14, 2020Workplace rulesQuarantine and isolation
Ex. AGY-ST-ALCOHOL-108Colorado Department of Revenue, Liquor Enforcement Division, LED Delivery Permit Notification (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-108)In force from Mar. 20, 2020 to Sept. 30, 2020Alcohol and barsOther
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-011Governor Jared Polis, Executive Order D 2020 016 (Mar. 25, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-011)In force from Mar. 25, 2020 to Dec. 31, 2020Health care ordersOther
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-012Governor Jared Polis, Executive Order D 2020 043 (Apr. 23, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-012)In force from Apr. 23, 2020 to Sept. 30, 2020Other

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

Federal layer

Ex. FED-031
CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

Ex. FED-303
Standing Order 20-17

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

Enforcement: OMB directive to contracting officers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

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

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

State of Colorado

Ex. CO-081
First Amended Public Health Order 20-36

COVID-19 Dial

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Nov. 17, 2020 to Nov. 20, 2020
Quarters
2020 Q4
Limitations
Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached
OF office 10 percent (Red) or closed (Purple); DR indoor dining closed; BA last call 8 p.m.; PE indoor events closed; FC gyms 10 percent; AM casinos closed; SL personal services 25 percent; SF retail 50 percent; PF manufacturing 25/10 percent; GATH prohibited; WS worship 25 percent
Grade
Primary source read
Days in this quarter
4

F. LEVEL RED: SEVERE RISK.... a. Public and private gatherings involving two or more people are [prohibited]... b. Non-critical Office-based businesses may allow in-person work up to 10% of their posted occupancy limit, and are strongly encouraged to implement remote work to the greatest extent possible. c. Critical and Non-critical Retail may operate at 50% of the posted [occupancy limit]... d. Non-critical Manufacturing may operate at 25%... f. Personal Services may operate at 25%... h. Restaurants are closed for in-person indoor dining but may offer curbside, takeout and delivery services... [licensees must cease alcohol] sales to end consumers for on-premises consumption between 8:00 P.M. and 7:00 A.M. MDT each day. Takeout may continue until 10:00 PM.... k. Indoor Events are closed. l. Outdoor Events may operate at 25%... m. 1. Gyms, recreation centers and indoor pools may operate…

Enforcement: C.R.S. § 25-1-114; last call by level: Blue 12:00 a.m., Yellow 11:00 p.m., Orange 10:00 p.m., Red 8:00 p.m.

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, First Amended Public Health Order 20-36 (Nov. 17, 2020) (Ex. CO-081) Open the exhibit

Ex. CO-037
Second Amended Public Health Order 20-36

COVID-19 Dial

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Nov. 20, 2020 to Dec. 7, 2020
Quarters
2020 Q4
Limitations
Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached
same as CO-081
Grade
Primary source read
Days in this quarter
18

1. The COVID-19 Dial consists of six levels that counties qualify for based on [meeting specific metrics]... [Level Red Severe Risk and Level Purple Extreme Risk as in the First Amended order]... all individuals must wear face coverings in [public indoor spaces pursuant to D 2020 138 as amended]

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Second Amended Public Health Order 20-36 (Nov. 20, 2020) (Ex. CO-037) Open the exhibit

Ex. CO-059
Third Amended Public Health Order 20-35

Safer at Home Dial

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Oct. 23, 2020 to Nov. 2, 2020
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
all sectors by level; GATH
Grade
Primary source read
Days in this quarter
11

[Gatherings limited to] groups of no more than 10 or 25, depending on the level for which the county is approved... [pursuant to D 2020 138 as amended] individuals must wear face coverings in public indoor spaces... [personal gatherings further restricted] effective October 23, 2020

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Third Amended Public Health Order 20-35 (Oct. 23, 2020) (Ex. CO-059) Open the exhibit

Ex. CO-034
Executive Order D 2020 223

Limiting Certain Evictions to Provide Relief to Coloradans Affected by COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from Oct. 15, 2020 to Dec. 18, 2020
Quarters
2020 Q4
Limitations
Courts and public officesOther
Functions reached
PM property management; CM commercial leasing; SV collections; CB tenants
Grade
Primary source read
Days in this quarter
65

During this thirty (30) day period, tenants shall have the opportunity to cure any [default for nonpayment]... [no landlord or] property management entity shall charge a monetary sum, fee, or other penalty [against a tenant for late payment of rent]... [any fee] assessed on or after January 1, 2021, shall apply only to rent due on or after that [date]

Enforcement: Suspension of demand-period statutes; recites the CDC Temporary Halt in Residential Evictions and the Special Eviction Prevention Task Force

Citation: Governor Jared Polis, Executive Order D 2020 223 (Oct. 15, 2020) (Ex. CO-034) Open the exhibit

Ex. CO-065
Executive Order D 2020 260

Authorizing the Colorado Department of Public Health and Environment to Order Hospitals and Freestanding Emergency Departments to Transfer or Cease the Admission of Patients to Respond to the Current COVID-19 Disaster Emergency in Colorado

Governor Jared Polis, Colorado (State)

Dates
In force from Nov. 23, 2020 to Mar. 31, 2021
Quarters
2020 Q42021 Q1
Limitations
Health care ordersSupply chain
Functions reached
ED emergency department; IP inpatient surge; CB patients and payers
Grade
Primary source read
Days in this quarter
39 (in force on the last day)

[Authorizes CDPHE to order hospitals and freestanding emergency departments to transfer patients or cease admissions to balance statewide capacity;] Hospitals and freestanding emergency departments shall not consider a patient's [insurance status in transfers]... [facilities that in good] faith comply completely with this Executive Order shall be immune from civil or [criminal liability]

Enforcement: CDPHE orders to facilities; State ESF 8 lead notification

Citation: Governor Jared Polis, Executive Order D 2020 260 (Nov. 23, 2020) (Ex. CO-065) Open the exhibit

Ex. CO-071
Executive Order D 2020 307

Providing Protections for Coloradans Tenants Due to COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from Dec. 31, 2020 to June 30, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Other
Functions reached
PM property management; CM commercial leasing; SV collections
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

[No landlord or property management] entity shall charge a monetary sum, fee, or other penalty against a tenant or mobile home [owner for late payment of rent while this] Order is executed. Any fee or penalty assessed on or after January 31, 2021, shall apply [only to rent due on or after that date]... [and landlords must give tenants] notice of the Consolidated Appropriations Act, 2021, Section 502

Enforcement: Suspension of statutory late-fee provisions

Citation: Governor Jared Polis, Executive Order D 2020 307 (Dec. 31, 2020) (Ex. CO-071) Open the exhibit

Continuing in force from an earlier quarter of this report (12 instruments):

ExhibitCitationDatesLimitations
Ex. CO-028Governor Jared Polis, Executive Order D 2020 091 (June 1, 2020) (Ex. CO-028)In force from June 1, 2020 to Oct. 6, 2020Telework mandateCapacity limitGathering capTravel and quarantineEvents and venuesWorkplace rules
Ex. CO-050CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-32 (July 10, 2020) (Ex. CO-050)In force from July 6, 2020 to July 6, 2020 (issued July 10, 2020)Capacity limitGathering capWorkplace rules
Ex. CO-030Governor Jared Polis, Executive Order D 2020 127 (July 9, 2020) (Ex. CO-030)In force from July 9, 2020 to Oct. 30, 2020Capacity limitGathering capWorkplace rules
Ex. CO-033CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-35 (Sept. 15, 2020) (Ex. CO-033)In force from Sept. 15, 2020 to Nov. 2, 2020Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolation
Ex. CO-072Governor Jared Polis, Executive Order D 2020 199 (Sept. 19, 2020) (Ex. CO-072)In force from Sept. 21, 2020 to Oct. 6, 2020 (issued Sept. 19, 2020)Capacity limitCurfew and hoursAlcohol and bars
Ex. CO-001Governor Jared Polis, Executive Order D 2020 003 (Mar. 11, 2020) (Ex. CO-001)In force from Mar. 11, 2020 to July 8, 2021Emergency declaration
Ex. CO-002Colorado Department of Public Health and Environment (CDPHE), Executive Director Jill Hunsaker Ryan, Notice of Public Health Order 20-20 (Mar. 12, 2020) (Ex. CO-002)In force from Mar. 12, 2020 to May 31, 2021Health care ordersWorkplace rulesQuarantine and isolation
Ex. CO-008Governor Jared Polis, Executive Order D 2020 011 (Mar. 20, 2020) (Ex. CO-008)In force from Mar. 20, 2020 to Sept. 30, 2021Alcohol and barsOther
Ex. CO-087Governor Jared Polis, Executive Order D 2020 015 (Mar. 25, 2020) (Ex. CO-087)In force from Mar. 25, 2020 to May 7, 2021Courts and public officesOther
Ex. CO-021Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. CO-021)In force from Apr. 27, 2020 to June 30, 2021 (issued Apr. 26, 2020)Face-covering requirementHealth care ordersWorkplace rules
Ex. CO-022CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-29 (Apr. 27, 2020) (Ex. CO-022)In force from Apr. 27, 2020 to Apr. 9, 2021Face-covering requirementHealth care ordersWorkplace rules
Ex. CO-029Governor Jared Polis, Executive Order D 2020 101 (June 13, 2020) (Ex. CO-029)In force from June 13, 2020 to Oct. 15, 2020Courts and public officesOther

Agencies, boards and authorities: Colorado

Continuing in force from an earlier quarter of this report (3 instruments):

ExhibitCitationDatesLimitations
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-011Governor Jared Polis, Executive Order D 2020 016 (Mar. 25, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-011)In force from Mar. 25, 2020 to Dec. 31, 2020Health care ordersOther
Ex. AGY-ST-LABOR-WORKPLACE-004Colorado General Assembly; signed by Governor Polis, Senate Bill 20-205, the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq. (July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-004)In force from July 14, 2020 to Sept. 30, 2021Workplace rulesQuarantine and isolation
Ex. AGY-ST-UTILITIES-HOUSING-AG-036Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis, House Bill 20-1414 (July 14, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-036)In force from July 14, 2020 to Sept. 30, 2021Other

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

Federal layer

Ex. FED-060
Executive Order 13991

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

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

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

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

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

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

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563

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

Ex. FED-305
Standing Order 21-02

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

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

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

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

Enforcement: court order

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

Ex. FED-008
Memorandum of February 2, 2021

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

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

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

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

Enforcement: Funding directive

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

Ex. FED-071
Executive Order 13910

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State of Colorado

Ex. CO-039
Sixth Amended Public Health Order 20-36 ('Dial 2.0')

COVID-19 Dial

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Feb. 6, 2021 to Mar. 23, 2021 (issued Feb. 5, 2021)
Quarters
2021 Q1
Limitations
Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached
all sectors by level
Grade
Primary source read
Days in this quarter
46

C. LEVEL BLUE: CAUTIOUS. a. Public and private gatherings are limited to no more than 25 individuals... h. Restaurants may operate at 50% of the posted occupancy limit indoors not to exceed 175 people... k. Indoor Events may be conducted at 50% of the posted occupancy limit not to exceed 175 people... D. LEVEL YELLOW: CONCERN. a. Public and private gatherings are limited to no more than 10 individuals from no more than 2 households... h. Restaurants may operate at 50% of the posted occupancy limit indoors not to exceed 50 people... k. Indoor Events may operate at 50% of the posted occupancy limit not to exceed 50 people... E. LEVEL ORANGE: HIGH RISK.... h. Restaurants may operate at 25% of the posted occupancy limit indoors not to exceed 50 people... k. Indoor Events may operate at 25% of the posted occupancy limit not to exceed 50 people... F. LEVEL RED: SEVERE RISK. a. Public and…

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Sixth Amended Public Health Order 20-36 ('Dial 2.0') (Feb. 5, 2021) (Ex. CO-039) Open the exhibit

Ex. CO-057
Ninth Amended Public Health Order 20-36 ('Dial 3.0')

COVID-19 Dial

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Mar. 24, 2021 to Apr. 4, 2021 (issued Mar. 23, 2021)
Quarters
2021 Q12021 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached
OF office 75/50/25/10 percent; SF retail 75/50 percent; DR restaurants 100 (6 ft)/50-150/25-50/closed; BA bars 25 percent or 75 (Blue only); PE indoor events 175/150/50/closed; GATH
Grade
Primary source read
Days in this quarter
8 (in force on the last day)

C. LEVEL BLUE: CAUTIOUS.... b. Non-Critical Office-based Businesses may allow in-person work up to 75% of their posted occupancy limit. c. Critical and Non-critical Retail may operate at 75%... h. Restaurants may operate at 100% of the posted occupancy limit indoors with 6 feet distancing between nonhousehold members... k. Indoor Events may be conducted at 50% of the posted occupancy limit not to exceed 175 people... s. Bars that do not serve food may operate at 25% capacity not to exceed 75 people. D. LEVEL YELLOW: CONCERN.... h. Restaurants may operate at 50% of the posted occupancy limit indoors not to exceed 150 people... k. Indoor Events may operate at 50% of the posted occupancy limit not to exceed 150 people... E. LEVEL ORANGE: HIGH RISK.... b. Non-Critical Office-based businesses may allow in-person work up to 25% of their posted occupancy limit, and are strongly encouraged to…

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Ninth Amended Public Health Order 20-36 ('Dial 3.0') (Mar. 23, 2021) (Ex. CO-057) Open the exhibit

Ex. CO-066
Executive Order D 2021 069

Amending and Extending Executive Orders D 2020 235, D 2020 265, D 2020 289, D 2021 023, and D 2021 047 Establishing Directives for the COVID-19 Dial Framework

Governor Jared Polis, Colorado (State)

Dates
In force from Mar. 24, 2021 to Apr. 16, 2021
Quarters
2021 Q12021 Q2
Limitations
Stay-at-homeCapacity limitGathering capCurfew and hoursAlcohol and barsWorkplace rules
Functions reached
all sectors by level
Grade
Primary source read
Days in this quarter
8 (in force on the last day)

Each county or region is at one of the six levels represented by colors on the Dial, which range from least restrictive to most restrictive... [the Dial framework is extended] until April 16, 2021 due to the continued presence of COVID-19 in Colorado

Enforcement: PHO 20-36 (Ninth and Tenth Amended)

Citation: Governor Jared Polis, Executive Order D 2021 069 (Mar. 24, 2021) (Ex. CO-066) Open the exhibit

Ex. CO-038
Fourth Amended Public Health Order 20-36

COVID-19 Dial

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Jan. 4, 2021 to Feb. 5, 2021
Quarters
2021 Q1
Limitations
Telework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached
OF 25 percent; DR 25 percent or 50; PE 25 percent or 50; FC 25 percent; SL 25 percent; GATH ten from two households
Grade
Primary source read
Days in this quarter
33

E. LEVEL ORANGE: HIGH RISK.... [gatherings of ten from no more than two households; offices 25 percent with remote work strongly encouraged; retail 50 percent; personal services 25 percent; restaurants 25 percent not to exceed 50; indoor events 25 percent not to exceed 50; gyms 25 percent; last call 10:00 p.m.]... 3. Level Green: Protect Our Neighbors Certification

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Fourth Amended Public Health Order 20-36 (Jan. 4, 2021) (Ex. CO-038) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. CO-001Governor Jared Polis, Executive Order D 2020 003 (Mar. 11, 2020) (Ex. CO-001)In force from Mar. 11, 2020 to July 8, 2021Emergency declaration
Ex. CO-002Colorado Department of Public Health and Environment (CDPHE), Executive Director Jill Hunsaker Ryan, Notice of Public Health Order 20-20 (Mar. 12, 2020) (Ex. CO-002)In force from Mar. 12, 2020 to May 31, 2021Health care ordersWorkplace rulesQuarantine and isolation
Ex. CO-008Governor Jared Polis, Executive Order D 2020 011 (Mar. 20, 2020) (Ex. CO-008)In force from Mar. 20, 2020 to Sept. 30, 2021Alcohol and barsOther
Ex. CO-087Governor Jared Polis, Executive Order D 2020 015 (Mar. 25, 2020) (Ex. CO-087)In force from Mar. 25, 2020 to May 7, 2021Courts and public officesOther
Ex. CO-021Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. CO-021)In force from Apr. 27, 2020 to June 30, 2021 (issued Apr. 26, 2020)Face-covering requirementHealth care ordersWorkplace rules
Ex. CO-022CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-29 (Apr. 27, 2020) (Ex. CO-022)In force from Apr. 27, 2020 to Apr. 9, 2021Face-covering requirementHealth care ordersWorkplace rules
Ex. CO-065Governor Jared Polis, Executive Order D 2020 260 (Nov. 23, 2020) (Ex. CO-065)In force from Nov. 23, 2020 to Mar. 31, 2021Health care ordersSupply chain
Ex. CO-071Governor Jared Polis, Executive Order D 2020 307 (Dec. 31, 2020) (Ex. CO-071)In force from Dec. 31, 2020 to June 30, 2021Other

Agencies, boards and authorities: Colorado

Ex. AGY-ST-LABOR-WORKPLACE-046
Wage Protection Rules, 7 CCR 1103-7 (adopted Nov. 10, 2020; effective Jan. 1, 2021), Rules 2.6-2.7 and 3 (HFWA paid sick leave and public health emergency leave)

Wage Protection Rules implementing the Healthy Families and Workplaces Act paid sick leave and public health emergency leave

Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Colorado; Division of Labor Standards and Statistics, Department of Labor and Employment (Sector regulator)

Dates
In force from Jan. 1, 2021 to Feb. 23, 2021 (issued Nov. 10, 2020)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Workplace rulesQuarantine and isolation
Functions reached
WF workforce availability (public health emergency leave); HR leave administration and notice; OP payroll
Grade
Primary source read
Days in this quarter
54 (in force on the first day)

Adopted on November 10, 2020, and effective January 1, 2021.... These rules are adopted pursuant to the Division's authority in C.R.S. §§ 8-1-103(3), -107(2)(p), -111; C.R.S. § 8-4-101 et seq.; and C.R.S. § 8-13.3-401 et seq.... [Rule 3.5: employees may use the public health emergency leave] provided under C.R.S. § 8-13.3-405(1) and this rule, prior to using any of the employee's previously-accrued leave under C.R.S. § 8-13.3-403(2)(a).

Enforcement: Division complaints, investigations, fines and penalties under C.R.S. §§ 8-4-111 and 8-13.3-407(4), -410, -411

Citation: Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Wage Protection Rules, 7 CCR 1103-7 (adopted Nov. 10, 2020; effective Jan. 1, 2021), Rules 2.6-2.7 and 3 (HFWA paid sick leave and public health emergency leave) (Ex. AGY-ST-LABOR-WORKPLACE-046) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-LABOR-WORKPLACE-004Colorado General Assembly; signed by Governor Polis, Senate Bill 20-205, the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq. (July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-004)In force from July 14, 2020 to Sept. 30, 2021Workplace rulesQuarantine and isolation
Ex. AGY-ST-UTILITIES-HOUSING-AG-036Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis, House Bill 20-1414 (July 14, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-036)In force from July 14, 2020 to Sept. 30, 2021Other

End of general restrictions, State of Colorado: CDPHE Public Health Order 20-38 Limited COVID-19 Restrictions (issued April 15, 2021; superseding PHO 20-36 COVID-19 Dial and PHO 20-29), following Executive Order D 2021 069 (March 24, 2021), which set the Dial framework to expire April 16, 2021 (2021-04-16 12:01 a.m.). What remained: The disaster emergency (D 2020 003 chain, to July 8, 2021, then the Recovery Order D 2021 122 chain); the statewide face-covering order (D 2021 079, amended by D 2021 095 on May 2 and restated by D 2021 103 on May 14, 2021, effective May 15 and expiring June 1, 2021); PHO 20-38's rule that indoor settings with more than 100 unvaccinated persons may operate at 100 percent capacity not to exceed 500 people with six-foot distancing between unvaccinated parties and require a CDPHE-approved variance above 500 (dropped effective June 1, 2021); face-covering duties in schools, child care, camps, congregate care, prisons, jails and health care settings (all persons to May 15, 2021; unvaccinated persons age 12 and older June 1 to June 30, 2021; unvaccinated patients, residents, visitors and staff in health care settings, prisons, jails and homeless shelters July 1, 2021 onward); 'All employers must implement the face covering requirements'; CDPHE authority to require counties whose resident hospitalizations threaten to exceed 85 percent of hospital capacity to implement additional restrictions; hospital case and bed reporting; PHO 20-20 residential-care testing, visitation and PPE requirements; PHO 20-29 hospital reporting (to April 16, 2021 only); PHO 20-33 laboratory reporting; PHO 20-37/21-01 vaccine access and reporting; existing 5 Star and county variances; county authority to adopt local orders (Boulder County, Denver, San Miguel and others did so in 2021); tenant 30-day-notice protections (D 2021 088 chain to July 8, 2021); takeout alcohol authorization (D 2020 011 chain to July 8, 2021).

Preemption of local orders, State of Colorado: None. Colorado set a statewide floor and expressly preserved stricter local orders throughout. D 2020 017 (Mar. 25, 2020) § II.D.1.e: 'Nothing in this Executive Order prevents a local public health authority from issuing an order more protective of public than this Executive Order. For clarity, any stay at home or similar order issued by a local jurisdiction remains in full force and effect' (Ex. CO-012); D 2020 235 (Oct. 30, 2020) § M: 'Nothing in this Executive Order prevents a county or municipality from adopting more protective standards than those contained in this Executive Order as necessary' (Ex. CO-035). Local public health directors act under C.R.S. §§ 25-1-506 and 25-1-508 (recited in the Pitkin County order, Ex. CO-090, and the San Miguel County order, Ex. CO-076). Less protective local measures required State approval: PHO 20-24 § IV allowed local agencies to apply to CDPHE for relief (Ex. CO-016); the Protect Our Neighbors and Dial variance processes ran through CDPHE certification (Exs. CO-030, CO-050, CO-036); D 2020 235 § K authorized CDPHE to 'restrict funding to any county that implements measures that are less restrictive than the standards approved by CDPHE for each level if the county did not first obtain approval from CDPHE' (Ex. CO-035). Counties in Level Red in November 2020 (Weld County among them) that announced non-enforcement did not thereby remove the State order's force. From April 16, 2021 (PHO 20-38) counties assumed local control and several reimposed mask orders in Q3 2021.

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

Federal layer

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: as for FED-031

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: Framework

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

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

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

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

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

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

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

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

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

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

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

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

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

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

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

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

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

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

State of Colorado

Ex. CO-058
Tenth Amended Public Health Order 20-36

COVID-19 Dial

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Apr. 4, 2021 to Apr. 16, 2021
Quarters
2021 Q2
Limitations
Telework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached
all sectors by level (Dial 3.0 capacities)
Grade
Primary source read
Days in this quarter
13

1. The COVID-19 Dial consists of six levels that counties qualify for based on meeting specific metrics. Counties will remain in a Dial level so long as they continue to meet the metrics in that level. Counties may exceed their Dial level's [incidence metric before being moved]... CDPHE may move counties to a more restrictive Dial level if county [conditions warrant]

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Tenth Amended Public Health Order 20-36 (Apr. 4, 2021) (Ex. CO-058) Open the exhibit

Ex. CO-051
Public Health Order 20-38

Limited COVID-19 Restrictions

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Apr. 16, 2021 to Sept. 30, 2021 (issued Apr. 15, 2021)
Quarters
2021 Q2
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rules
Functions reached
PE indoor events over 500 barred without variance; MC conventions; WS worship gatherings; EMP employer mask duties; IN schools; EC child care; IC health care; OF hospital reporting
Grade
Primary source read
Days in this quarter
76 (in force on the last day)

This Order supersedes and replaces Public Health Orders 20-29 and 20-36, as amended, effective [April 16, 2021]... A. FACE COVERINGS. 1. Face coverings are required pursuant to Executive Order D 2020 138, as [amended and extended by D 2021 079, in:] a. Preschool through grade 12 schools (including extracurricular activities), child care centers and services, and indoor children's camps; [b. public areas of State facilities; c. congregate care; d. Prisons; e. Jails;] f. Emergency medical and other healthcare settings... 2. For counties with a one week disease incidence rate in excess of 35 per 100,000, face coverings are also required... where 10 or more unvaccinated individuals or individuals of unknown vaccination status are present.... 2. Face coverings. All employers must implement the face covering requirements... [Mass Indoor Gatherings: the] setting may operate at 100% capacity not…

Enforcement: C.R.S. § 25-1-114; CDPHE may require counties whose hospitalizations threaten to exceed 85 percent of capacity to implement additional restrictions; PHOs 20-20, 20-33 and 20-37 remain in effect

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-38 (Apr. 15, 2021) (Ex. CO-051) Open the exhibit

Ex. CO-060
Amended Public Health Order 20-38

Limited COVID-19 Restrictions

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from May 2, 2021 to May 15, 2021
Quarters
2021 Q2
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rules
Functions reached
same as CO-051
Grade
Primary source read
Days in this quarter
14

[Adds:] face coverings [may be removed] in Public Indoor Spaces if 80% of the individuals in the Public Indoor Space have shown proof of vaccination... [where all Restaurant employees are] vaccinated, the Restaurant employees are no longer required to wear face [coverings]... [Mass Indoor Gathering 100 percent not to exceed 500 retained]

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Amended Public Health Order 20-38 (May 2, 2021) (Ex. CO-060) Open the exhibit

Ex. CO-086
Administrative Order 2021-05

Resuming, Scheduling and Conducting Jury Trials in the 7th Judicial District Commencing April 5, 2021 on a Phased In Basis

Chief Judge, 7th Judicial District, Colorado, 7th Judicial District (Delta, Gunnison, Hinsdale, Montrose, Ouray and San Miguel Counties) (Court)

Dates
In force from Apr. 5, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Gathering capFace-covering requirementCourts and public offices
Functions reached
CT courts and clerks; PJ litigation
Grade
Primary source read
Days in this quarter
87 (in force on the last day)

jury trials throughout the state of Colorado were suspended by the order of then Colorado Supreme Court Chief Justice Nathan B. Coats dated March 16, 2020, and as extended by the Chief Justice's orders of May 5, 2020 and June 15, 2020, which precluded any person being summoned to state courts to assemble for jury service to begin any time prior to August 3, 2020... On July 24, 2020, Chief Justice Coats issued an Updated Order Regarding COVID-19 and [Operation of Colorado State Courts permitting districts to] resume conducting jury trials after August 2, 2020, provided the Chief Judge of the district determined that a jury pool can safely be assembled... [the District] again suspended jury trials. AO 2020-16.... That Order was extended by AO 2020-20 [and by the order continuing] jury trials set though April 2, 2021 dated February 1, 2021... we are able to resume a limited numbers of jury…

Enforcement: District administrative order

Citation: Chief Judge, 7th Judicial District, Administrative Order 2021-05 (Apr. 5, 2021) (Ex. CO-086) Open the exhibit

Ex. CO-061
Second Amended Public Health Order 20-38

Limited COVID-19 Restrictions

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from May 15, 2021 to June 1, 2021 (issued May 14, 2021)
Quarters
2021 Q2
Limitations
Capacity limitFace-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rules
Functions reached
IN schools; EC child care; IC health care; EMP; PE indoor events over 500
Grade
Primary source read
Days in this quarter
18

1. Face coverings are required pursuant to Executive Order D 2021 103 for certain [individuals in:] a. Preschool through grade 12 schools (including extracurricular activities) and child care centers and services; however, fully vaccinated individuals... may remove masks where the teacher(s), caregiver(s), or [staff have] provided proof of fully completed vaccination to their employer; b. Unvaccinated or not fully vaccinated staff of Colorado Department of [Corrections facilities]; c.... congregate care; d.... Prisons; e.... Jails; f. Unvaccinated or not fully vaccinated personnel in emergency medical and other healthcare settings... [Mass Indoor Gathering:] the setting may operate at 100% capacity not to exceed 500 people

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Second Amended Public Health Order 20-38 (May 14, 2021) (Ex. CO-061) Open the exhibit

Ex. CO-067
Executive Order D 2021 079

Amending, Restating, and Extending Executive Orders D 2020 039 [through] D 2021 056 Ordering Individuals in Colorado to Wear Non-Medical Face Coverings

Governor Jared Polis, Colorado (State)

Dates
In force from Apr. 3, 2021 to June 1, 2021
Quarters
2021 Q2
Limitations
Face-covering requirementSchools and child careHealth care ordersWorkplace rules
Functions reached
SF; DR; OF; SL personal services; IN schools; EC child care; IC health care; EMP
Grade
Primary source read
Days in this quarter
60

A. In all counties, medical or non-medical cloth face coverings that cover the nose and mouth are required to be worn by individuals age eleven (11) and older when entering or within the following public and private settings: 1. Preschool through grade 12 schools (including extracurricular activities), child care centers and services, and indoor children's camps; 2. Public areas of state government facilities...; 3. Congregate care facilities...; 4. Prisons; 5. Jails; 6. Emergency medical and other healthcare settings...; 7. Personal services, as defined by Public Health Order (PHO) 20-36; and 8. Limited healthcare settings... B. In counties with one week disease incidence rates of 35 or fewer per 100,000 (Level Green under PHO 20-36), counties may lift or modify face covering requirements... In counties with one week disease incidence rates in excess of 35 per 100,000, medical or…

Enforcement: Owners and operators 'shall deny admittance or [service to any individual who fails to wear a medical or] non-medical face covering as required by this Executive Order'; PHO 20-38

Citation: Governor Jared Polis, Executive Order D 2021 079 (Apr. 3, 2021) (Ex. CO-067) Open the exhibit

Ex. CO-094
Thirteenth Amended Public Health Order 20-29

Limited Recommencement of Voluntary or Elective Surgeries and Procedures in Colorado

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Apr. 9, 2021 to Apr. 16, 2021
Quarters
2021 Q2
Limitations
Health care ordersWorkplace rules
Functions reached
OF hospital reporting; SX elective procedures (conditions carried from prior versions)
Grade
Primary source read
Days in this quarter
8

A. Each hospital shall report to CDPHE in a form and format determined by CDPHE, [case counts, bed and ICU capacity, ventilator availability] and utilization, and availability of N95 masks. B. All hospitals shall report daily to CDPHE the following in EMResource by 10:00 a.m.

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Thirteenth Amended Public Health Order 20-29 (Apr. 9, 2021) (Ex. CO-094) Open the exhibit

Ex. CO-070
Executive Order D 2021 088

Providing Assistance for Tenants at Risk for Eviction Due to COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from Apr. 20, 2021 to July 8, 2021
Quarters
2021 Q22021 Q3
Limitations
Courts and public officesOther
Functions reached
PM property management; SV collections; CB tenants
Grade
Primary source read
Days in this quarter
72 (in force on the last day)

[A landlord must give a thirty-day notice before commencing an eviction for nonpayment;] During this thirty (30) day period, tenants shall have the [opportunity to cure]... B. Nothing in this Executive Order shall be construed as relieving an individual from [the obligation to pay rent]

Enforcement: Suspension of statutory demand periods; courts apply the extended notice

Citation: Governor Jared Polis, Executive Order D 2021 088 (Apr. 20, 2021) (Ex. CO-070) Open the exhibit

Ex. CO-068
Executive Order D 2021 095

Amending and Extending Executive Orders D 2020 039 [through] D 2021 079 Ordering Individuals in Colorado to Wear Non-Medical Face Coverings

Governor Jared Polis, Colorado (State)

Dates
In force from May 2, 2021 to May 2, 2021
Quarters
2021 Q2
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF; DR; OF; EMP
Grade
Primary source read
Days in this quarter
1

All of the directives set out in Executive Order D 2021 079 remain in effect. This Executive Order extends the prior Executive Orders relating to face coverings... [and permits] individuals to remove their medical or non-medical cloth face coverings in Public Indoor Spaces [where 80 percent of individuals present have shown proof of vaccination]

Enforcement: As in D 2021 079; PHO 20-38 (Amended May 2, 2021)

Citation: Governor Jared Polis, Executive Order D 2021 095 (May 2, 2021) (Ex. CO-068) Open the exhibit

Ex. CO-040
Executive Order D 2021 103

Amending, Restating, and Extending Executive Orders D 2020 039 [through] D 2021 095 Ordering Individuals in Colorado to Wear Face Coverings in Certain Settings

Governor Jared Polis, Colorado (State)

Dates
In force from May 15, 2021 to June 1, 2021 (issued May 14, 2021)
Quarters
2021 Q2
Limitations
Face-covering requirementSchools and child careHealth care ordersWorkplace rules
Functions reached
IN schools; EC child care; IC health care infection control; EMP
Grade
Primary source read
Days in this quarter
18

B. Any fully vaccinated individual may go without any type of face covering in any [setting]... [unvaccinated individuals age eleven] and older, must wear a medical or non-medical cloth face covering that covers the [nose and mouth in:] 1. Preschool through grade 12 schools (including extracurricular activities) [child care centers and services, and indoor camps; Department of Corrections facilities; congregate care facilities; prisons; jails; emergency medical and other healthcare settings]... [businesses may require individuals at] their locations to wear face coverings or show proof of full vaccination

Enforcement: Implemented by the Second and Third Amended PHO 20-38

Citation: Governor Jared Polis, Executive Order D 2021 103 (May 14, 2021) (Ex. CO-040) Open the exhibit

Ex. CO-042
Seventh Amended Public Health Order 20-20

Requirements for Colorado Skilled Nursing Facilities, Assisted Living Residences, Intermediate Care Facilities, and Group Homes for COVID-19 Prevention and Response

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from June 1, 2021 to Sept. 27, 2021 (issued May 31, 2021)
Quarters
2021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
RS residential care admissions, testing and cohorting; VS visitation; IC infection control; HR staffing and contractors; SL salon services inside facilities; CB residents and families
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

I. TESTING REQUIREMENTS. A. All Facilities must implement and maintain ongoing COVID-19 surveillance testing, and outbreak testing as needed, for staff and residents.... Facilities are required to utilize PCR testing for all testing requirements in this Order... 2. For the purposes of Facility testing, Facility staff are defined as employees, [contractors, volunteers and ancillary non-medical service providers who] must either participate in the Facility's surveillance testing, or bring to the Facility evidence of negative PCR test results within the preceding week... Ancillary non-medical services include services such as hairstylists... [facilities] implement visitor requirements and daily Facility [screening]... requiring facilities to submit ongoing vaccination plans to CDPHE

Enforcement: C.R.S. § 25-1-114; facility licensure (CDPHE Health Facilities and EMS Division)

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Seventh Amended Public Health Order 20-20 (May 31, 2021) (Ex. CO-042) Open the exhibit

Ex. CO-052
Third Amended Public Health Order 20-38

Limited COVID-19 Restrictions

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from June 1, 2021 to July 1, 2021 (issued May 31, 2021)
Quarters
2021 Q2
Limitations
Face-covering requirementSchools and child careHealth care ordersWorkplace rules
Functions reached
IN schools; EC child care and camps; IC health care; EMP; OF hospital reporting
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

A. FACE COVERINGS. 1. Face coverings are required for certain individuals, age twelve (12) and older, in [the following settings]: a. Unvaccinated or not fully vaccinated students, staff, and visitors to preschool through grade 12 schools (including extracurricular activities) and child care centers and services, including camps... b. Unvaccinated or not fully vaccinated staff of Colorado Department of [Corrections]... d.... Prisons; e.... Jails; f. Unvaccinated or not fully vaccinated patients, visitors, and personnel in emergency medical and other healthcare settings (including hospitals, [ambulance service centers, urgent care centers, clinics, doctors' offices])... 2. Face coverings. All employers must implement the face covering requirements... 1. CDPHE may require counties whose resident hospitalizations threaten to exceed 85% of hospital or hospital system capacity to implement…

Enforcement: C.R.S. § 25-1-114

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Third Amended Public Health Order 20-38 (May 31, 2021) (Ex. CO-052) Open the exhibit

Ex. CO-069
Executive Order D 2021 121

Amending Executive Orders D 2020 003 [and twenty-five extensions] Declaring a Disaster Emergency Due to the Presence of Coronavirus Disease 2019 in Colorado

Governor Jared Polis, Colorado (State)

Dates
In force from June 30, 2021 to July 10, 2021
Quarters
2021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

This Executive Order amends Executive Orders D 2020 003 [et seq.] to rescind an allocation of $79,994,066 from CDPHE from the Disaster Emergency [Fund and reallocate funds]... [the declaration] shall expire on July 10, 2021, unless extended further by Executive Order

Enforcement: Disaster Emergency Act

Citation: Governor Jared Polis, Executive Order D 2021 121 (June 30, 2021) (Ex. CO-069) Open the exhibit

Ex. CO-078
Executive Order D 2021 120

Extending Executive Orders D 2021 088, D 2021 105, and D 2021 110 Providing Assistance for Tenants at Risk for Eviction Due to COVID-19

Governor Jared Polis, Colorado (State)

Dates
In force from June 30, 2021 to June 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Courts and public officesOther
Functions reached
PM; SV; CB tenants
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

[Extends the thirty-day notice and cure protections of D 2021 088 while] State and federal funds are [distributed]... shall expire thirty (30) days from June 30, 2021

Enforcement: As in D 2021 088

Citation: Governor Jared Polis, Executive Order D 2021 120 (June 30, 2021) (Ex. CO-078) Open the exhibit

Continuing in force from an earlier quarter of this report (9 instruments):

ExhibitCitationDatesLimitations
Ex. CO-057CDPHE, Executive Director Jill Hunsaker Ryan, Ninth Amended Public Health Order 20-36 ('Dial 3.0') (Mar. 23, 2021) (Ex. CO-057)In force from Mar. 24, 2021 to Apr. 4, 2021 (issued Mar. 23, 2021)Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Ex. CO-066Governor Jared Polis, Executive Order D 2021 069 (Mar. 24, 2021) (Ex. CO-066)In force from Mar. 24, 2021 to Apr. 16, 2021Stay-at-homeCapacity limitGathering capCurfew and hoursAlcohol and barsWorkplace rules
Ex. CO-001Governor Jared Polis, Executive Order D 2020 003 (Mar. 11, 2020) (Ex. CO-001)In force from Mar. 11, 2020 to July 8, 2021Emergency declaration
Ex. CO-002Colorado Department of Public Health and Environment (CDPHE), Executive Director Jill Hunsaker Ryan, Notice of Public Health Order 20-20 (Mar. 12, 2020) (Ex. CO-002)In force from Mar. 12, 2020 to May 31, 2021Health care ordersWorkplace rulesQuarantine and isolation
Ex. CO-008Governor Jared Polis, Executive Order D 2020 011 (Mar. 20, 2020) (Ex. CO-008)In force from Mar. 20, 2020 to Sept. 30, 2021Alcohol and barsOther
Ex. CO-087Governor Jared Polis, Executive Order D 2020 015 (Mar. 25, 2020) (Ex. CO-087)In force from Mar. 25, 2020 to May 7, 2021Courts and public officesOther
Ex. CO-021Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. CO-021)In force from Apr. 27, 2020 to June 30, 2021 (issued Apr. 26, 2020)Face-covering requirementHealth care ordersWorkplace rules
Ex. CO-022CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-29 (Apr. 27, 2020) (Ex. CO-022)In force from Apr. 27, 2020 to Apr. 9, 2021Face-covering requirementHealth care ordersWorkplace rules
Ex. CO-071Governor Jared Polis, Executive Order D 2020 307 (Dec. 31, 2020) (Ex. CO-071)In force from Dec. 31, 2020 to June 30, 2021Other

Agencies, boards and authorities: Colorado

Continuing in force from an earlier quarter of this report (3 instruments):

ExhibitCitationDatesLimitations
Ex. AGY-ST-LABOR-WORKPLACE-004Colorado General Assembly; signed by Governor Polis, Senate Bill 20-205, the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq. (July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-004)In force from July 14, 2020 to Sept. 30, 2021Workplace rulesQuarantine and isolation
Ex. AGY-ST-UTILITIES-HOUSING-AG-036Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis, House Bill 20-1414 (July 14, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-036)In force from July 14, 2020 to Sept. 30, 2021Other
Ex. AGY-ST-LABOR-WORKPLACE-046Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Wage Protection Rules, 7 CCR 1103-7 (adopted Nov. 10, 2020; effective Jan. 1, 2021), Rules 2.6-2.7 and 3 (HFWA paid sick leave and public health emergency leave) (Ex. AGY-ST-LABOR-WORKPLACE-046)In force from Jan. 1, 2021 to Feb. 23, 2021 (issued Nov. 10, 2020)Workplace rulesQuarantine and isolation

End of general restrictions, State of Colorado: CDPHE Public Health Order 20-38 Limited COVID-19 Restrictions (issued April 15, 2021; superseding PHO 20-36 COVID-19 Dial and PHO 20-29), following Executive Order D 2021 069 (March 24, 2021), which set the Dial framework to expire April 16, 2021 (2021-04-16 12:01 a.m.). What remained: The disaster emergency (D 2020 003 chain, to July 8, 2021, then the Recovery Order D 2021 122 chain); the statewide face-covering order (D 2021 079, amended by D 2021 095 on May 2 and restated by D 2021 103 on May 14, 2021, effective May 15 and expiring June 1, 2021); PHO 20-38's rule that indoor settings with more than 100 unvaccinated persons may operate at 100 percent capacity not to exceed 500 people with six-foot distancing between unvaccinated parties and require a CDPHE-approved variance above 500 (dropped effective June 1, 2021); face-covering duties in schools, child care, camps, congregate care, prisons, jails and health care settings (all persons to May 15, 2021; unvaccinated persons age 12 and older June 1 to June 30, 2021; unvaccinated patients, residents, visitors and staff in health care settings, prisons, jails and homeless shelters July 1, 2021 onward); 'All employers must implement the face covering requirements'; CDPHE authority to require counties whose resident hospitalizations threaten to exceed 85 percent of hospital capacity to implement additional restrictions; hospital case and bed reporting; PHO 20-20 residential-care testing, visitation and PPE requirements; PHO 20-29 hospital reporting (to April 16, 2021 only); PHO 20-33 laboratory reporting; PHO 20-37/21-01 vaccine access and reporting; existing 5 Star and county variances; county authority to adopt local orders (Boulder County, Denver, San Miguel and others did so in 2021); tenant 30-day-notice protections (D 2021 088 chain to July 8, 2021); takeout alcohol authorization (D 2020 011 chain to July 8, 2021).

Preemption of local orders, State of Colorado: None. Colorado set a statewide floor and expressly preserved stricter local orders throughout. D 2020 017 (Mar. 25, 2020) § II.D.1.e: 'Nothing in this Executive Order prevents a local public health authority from issuing an order more protective of public than this Executive Order. For clarity, any stay at home or similar order issued by a local jurisdiction remains in full force and effect' (Ex. CO-012); D 2020 235 (Oct. 30, 2020) § M: 'Nothing in this Executive Order prevents a county or municipality from adopting more protective standards than those contained in this Executive Order as necessary' (Ex. CO-035). Local public health directors act under C.R.S. §§ 25-1-506 and 25-1-508 (recited in the Pitkin County order, Ex. CO-090, and the San Miguel County order, Ex. CO-076). Less protective local measures required State approval: PHO 20-24 § IV allowed local agencies to apply to CDPHE for relief (Ex. CO-016); the Protect Our Neighbors and Dial variance processes ran through CDPHE certification (Exs. CO-030, CO-050, CO-036); D 2020 235 § K authorized CDPHE to 'restrict funding to any county that implements measures that are less restrictive than the standards approved by CDPHE for each level if the county did not first obtain approval from CDPHE' (Ex. CO-035). Counties in Level Red in November 2020 (Weld County among them) that announced non-enforcement did not thereby remove the State order's force. From April 16, 2021 (PHO 20-38) counties assumed local control and several reimposed mask orders in Q3 2021.

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

Federal layer

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State of Colorado

Ex. CO-053
Fifth Amended Public Health Order 20-38

Limited COVID-19 Restrictions

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Aug. 1, 2021 to Sept. 1, 2021 (issued July 30, 2021)
Quarters
2021 Q3
Limitations
Capacity limitFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached
IC; VS; HR; EMP; OF reporting
Grade
Primary source read
Days in this quarter
32

1. Face coverings are required for unvaccinated or not fully vaccinated patients, residents, and visitors, and medical grade face masks are required for unvaccinated or not fully vaccinated staff in the following settings that serve [vulnerable populations]: a. Homeless shelters; b. Prisons; [c. Jails;] d. Emergency medical and other healthcare settings... 2. Face coverings. All employers must implement the face covering requirements... 1. CDPHE may require counties whose resident hospitalizations threaten to exceed 85% of hospital or hospital system capacity to implement additional restrictions... II. HOSPITAL FACILITY REPORTING

Enforcement: C.R.S. § 25-1-114; PHOs 20-20, 20-33 and 21-01 remain in effect

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Fifth Amended Public Health Order 20-38 (July 30, 2021) (Ex. CO-053) Open the exhibit

Ex. CO-091
Sixth Amended Public Health Order 20-38

Limited COVID-19 Restrictions

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Sept. 1, 2021 to Oct. 1, 2021 (issued Aug. 31, 2021)
Quarters
2021 Q3
Limitations
Capacity limitFace-covering requirementSchools and child careHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached
IC; VS; HR; EMP; IN school reporting; OF reporting
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

A. FACE COVERINGS AND COVID-19 TESTING. 1. Face coverings are required for unvaccinated or not fully vaccinated patients, residents, and visitors, and medical grade face masks are required for unvaccinated or not fully vaccinated staff in the following settings... a. Homeless shelters; [b. Prisons; c. Jails; d. Emergency medical and other healthcare settings]... 2. Face coverings. All employers must implement the face covering requirements... C. SCHOOLS. 1. In accordance with existing law, Schools shall report all COVID-19 cases and [outbreaks to public health]

Enforcement: C.R.S. § 25-1-114; PHOs 20-20, 20-33 and 21-01 remain in effect

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Sixth Amended Public Health Order 20-38 (Aug. 31, 2021) (Ex. CO-091) Open the exhibit

Ex. CO-043
Executive Order D 2021 122

Colorado COVID-19 Disaster Recovery Order

Governor Jared Polis, Colorado (State)

Dates
In force from July 8, 2021 to Dec. 28, 2021
Quarters
2021 Q3
Limitations
Emergency declarationHealth care ordersOther
Functions reached
predicate for Q3 2021 PHOs; HR health care workforce; OF administration
Grade
Primary source read
Days in this quarter
85 (in force on the last day)

hereby rescind Executive Order D 2020 003, as amended and [extended, Declaring a Disaster Emergency Due to the Presence of coronavirus] disease 2019 (COVID-19) and issue this Colorado COVID-19 Disaster Recovery Executive Order. This Executive Order focuses the State's efforts on recovery, as most of the measures [taken to slow the spread are no longer necessary]... v. Rescinding All Other Executive Orders Issued Due to COVID-19: A. I rescind Executive Order D 2020 011... B.... D 2020 038... C.... D 2020 068... D.... D 2020 100... E.... D 2021 016... F.... D 2021 088... G.... D 2021 104

Enforcement: Disaster Emergency Act; recovery declaration continues federal-funding eligibility, health care workforce flexibilities and vaccine administration directives; PHOs 20-20, 20-33, 20-38 and 21-01 continued in force under CDPHE's independent statutory authority

Citation: Governor Jared Polis, Executive Order D 2021 122 (July 8, 2021) (Ex. CO-043) Open the exhibit

Ex. CO-044
Executive Order D 2021 124

Colorado COVID-19 Disaster Recovery Order Amending Executive Order D 2021 122

Governor Jared Polis, Colorado (State)

Dates
In force from July 30, 2021 to Aug. 6, 2021
Quarters
2021 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
8

[Amends D 2021 122 to refocus efforts on recovery, facilitate vaccine administration, ensure health care facility resources and maintain federal funding]

Enforcement: Disaster Emergency Act

Citation: Governor Jared Polis, Executive Order D 2021 124 (July 30, 2021) (Ex. CO-044) Open the exhibit

Ex. CO-093
Amended Public Health Order 21-01

Vaccine Access and Data Reporting for COVID-19

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Aug. 1, 2021 to Sept. 30, 2021 (issued July 30, 2021)
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesOther
Functions reached
OF administration and reporting; CB patients (access requirements); HR
Grade
Primary source read
Days in this quarter
61 (in force on the last day)

[Providers] shall report demographic information to CDPHE pertaining to individuals they vaccinate.... D. All enrolled COVID-19 vaccine providers shall report vaccine administration information [to the Colorado Immunization Information System]... This Order is effective on August 1, 2021 and will continue to be in effect until Executive Order D 2021 122, as amended and extended, has expired or been rescinded.

Enforcement: C.R.S. § 25-1-114; provider enrollment conditions

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Amended Public Health Order 21-01 (July 30, 2021) (Ex. CO-093) Open the exhibit

Ex. CO-045
Executive Order D 2021 125

Colorado COVID-19 Disaster Recovery Order Amending and Extending Executive Orders D 2021 122 and D 2021 124

Governor Jared Polis, Colorado (State)

Dates
In force from Aug. 6, 2021 to Sept. 5, 2021
Quarters
2021 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31

[Amends and extends the Recovery Order for thirty days]

Enforcement: Disaster Emergency Act

Citation: Governor Jared Polis, Executive Order D 2021 125 (Aug. 6, 2021) (Ex. CO-045) Open the exhibit

Ex. CO-055
Emergency rule, 6 CCR 1011-1, Chapter 2, Part 12

COVID-19 Immunization of Employees, Direct Contractors, and Support Staff [of licensed health care facilities]

Colorado State Board of Health (rule enforced by CDPHE Health Facilities and Emergency Medical Services Division), Colorado (Sector regulator)

Dates
In force from Aug. 30, 2021 to Oct. 31, 2021
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testingOther
Functions reached
HR credentialing and hiring; IC infection control; WF workforce availability; OF reporting and compliance
Grade
Primary source read
Days in this quarter
32 (in force on the last day)

12.2.1 Each facility shall develop and implement a policy and procedure to ensure 100% of employees, [direct contractors, and support staff are vaccinated]... (A) All employees, direct contractors, and support staff must have received their first dose of the COVID-19 vaccination no later than September 30, 2021. [(B)... second dose] of the COVID-19 vaccination (if applicable) no later than October 31, 2021.... (E) On or after October 31, 2021, each facility shall ensure all newly hired employees, direct [contractors, and support staff are fully vaccinated in] accordance with this Part 12.... 12.4.1 Beginning October 1, 2021, each facility shall report its COVID-19 vaccination rate to the [Department]

Enforcement: 12.1.2 'The requirements of this Part 12 shall be overseen and enforced by the Department' through facility licensure; documentation subject to Department examination 'at any time'; waiver process for religious exemptions

Citation: Colorado State Board of Health (rule enforced by CDPHE Health Facilities and Emergency Medical Services Division), Emergency rule, 6 CCR 1011-1, Chapter 2, Part 12 (Aug. 30, 2021) (Ex. CO-055) Open the exhibit

Ex. CO-076
Public Health Agency Order No. 2021-06

Adoption of the State of Colorado COVID-19 Orders and Additional Safety Requirements to Curtail the Spread of COVID-19

San Miguel County Department of Public Health and Environment, Director Grace Franklin, San Miguel County, Colorado (including Telluride, Mountain Village, Norwood, Ophir and Sawpit) (County)

Dates
In force from Sept. 1, 2021 to Sept. 30, 2021 (issued Sept. 2, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careWorkplace rules
Functions reached
SF; DR; OF; IN schools; EMP; CB customers
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

B. All persons, regardless of vaccination status, shall be required to wear a Face Covering when [indoors in public settings, including businesses open to the public, schools, and any County] and Town of Norwood owned or operated building or indoor facility of any kind... Businesses. The responsibility for compliance for businesses within this Order shall apply to the [owner, operator and manager]

Enforcement: K. 'Penalties. Failure to comply with any provision of this Order may result in (1) a fine of up to [the statutory maximum and imprisonment]' (C.R.S. § 25-1-516)

Citation: San Miguel County Department of Public Health and Environment, Director Grace Franklin, Public Health Agency Order No. 2021-06 (Sept. 2, 2021) (Ex. CO-076) Open the exhibit

Ex. CO-046
Executive Order D 2021 129

Colorado COVID-19 Disaster Recovery Order Amending and Extending Executive Orders D 2021 122, D 2021 124, and D 2021 125

Governor Jared Polis, Colorado (State)

Dates
In force from Sept. 4, 2021 to Sept. 4, 2021
Quarters
2021 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
1

Over seventy percent of Colorado's adults have now received at least one dose of the lifesaving COVID-19 vaccine, and we are beginning to see life return to a new normal. I therefore rescinded all previous Executive Orders issued due to [COVID-19 and issued the Recovery Order]... [this Order] shall expire thirty (30) days from September 4, 2021

Enforcement: Disaster Emergency Act

Citation: Governor Jared Polis, Executive Order D 2021 129 (Sept. 4, 2021) (Ex. CO-046) Open the exhibit

Ex. CO-095
State-employee COVID-19 vaccination-or-testing requirement (announced July-Aug. 2021) and the CDOC, CDHS and CDPHE vaccination requirements announced Aug. 17, 2021

Vaccination or twice-weekly testing and indoor masking for all State employees; vaccination of State staff in 24/7 facilities and serving vulnerable populations

State of Colorado as employer (Governor's Office; Department of Personnel and Administration; Departments of Corrections, Human Services and Public Health and Environment), Colorado (State)

Dates
In force from Sept. 20, 2021 to Sept. 30, 2021 (issued Aug. 17, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testingOther
Functions reached
WF State workforce; HR; PL placements at State facilities (contractors and vendors); CB State-agency counterparties
Grade
Confirmed from a secondary source
Days in this quarter
11 (in force on the last day)

Several weeks ago Colorado announced that all state employees will have to [be vaccinated] by September 20 or submit to twice-weekly testing. Yesterday, the Department of Public Health, Department of Corrections and Department of Human Services announced that agency staff members that interact with vulnerable populations and those living in congregate living settings will be required [to be vaccinated]. Department of Corrections staff will have until September 30 to get their first dose, and until October 31 to be fully vaccinated, and Human Services staff will have until September 30 to get their first dose and November 14 to get their second. (Governor's release, Aug. 18, 2021)

Enforcement: Condition of State employment; 'unvaccinated state workers must begin serial testing and continue mask-wearing indoors in public spaces' (Governor's release, Aug. 17, 2021)

Citation: State of Colorado as employer (Governor's Office; Department of Personnel and Administration; Departments of Corrections, Human Services and Public Health and Environment), State-employee COVID-19 vaccination-or-testing requirement (announced July-Aug. 2021) and the CDOC, CDHS and CDPHE vaccination requirements announced Aug. 17, 2021 (Ex. CO-095)

Ex. CO-092
Eighth Amended Public Health Order 20-20

Requirements for Colorado Skilled Nursing Facilities, Assisted Living Residences, Intermediate Care Facilities, and Group Homes for COVID-19 Prevention and Response

CDPHE, Executive Director Jill Hunsaker Ryan, Colorado (Sector regulator)

Dates
In force from Sept. 27, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
RS residential care; VS visitation; IC infection control; HR staffing; OF reporting
Grade
Primary source read
Days in this quarter
4 (in force on the last day)

[Facilities must maintain] ongoing COVID-19 surveillance testing, and outbreak testing as needed, for staff and residents... D. Facilities that restrict or limit visitor access for any of the foregoing reasons must: [provide alternative means of visitation]... III. COVID-19 PLANS, FACE COVERING AND BOOSTER DOSE CLINIC REQUIREMENTS... C. Face coverings are required in congregate care settings in accordance with [CDC and CMS guidance]... A. All Facilities in Colorado shall report to CDPHE information pertaining to their [testing, vaccination and outbreaks]... This Eighth Amended Order is effective on September 27, 2021

Enforcement: C.R.S. § 25-1-114; facility licensure

Citation: CDPHE, Executive Director Jill Hunsaker Ryan, Eighth Amended Public Health Order 20-20 (Sept. 27, 2021) (Ex. CO-092) Open the exhibit

Ex. CO-077
Public Health Agency Order No. 2021-07

[Successor to PHO 2021-06: adoption of State orders and face-covering requirements]

San Miguel County Department of Public Health and Environment, Director Grace Franklin, San Miguel County, Colorado (County)

Dates
In force from Sept. 30, 2021 to Nov. 2, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF; DR; OF; IN; EMP
Grade
Confirmed from a secondary source
Days in this quarter
1 (in force on the last day)

Enforcement: C.R.S. § 25-1-516 (as in PHO 2021-06)

Citation: San Miguel County Department of Public Health and Environment, Director Grace Franklin, Public Health Agency Order No. 2021-07 (Sept. 30, 2021) (Ex. CO-077) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. CO-086Chief Judge, 7th Judicial District, Administrative Order 2021-05 (Apr. 5, 2021) (Ex. CO-086)In force from Apr. 5, 2021 to Sept. 30, 2021Gathering capFace-covering requirementCourts and public offices
Ex. CO-001Governor Jared Polis, Executive Order D 2020 003 (Mar. 11, 2020) (Ex. CO-001)In force from Mar. 11, 2020 to July 8, 2021Emergency declaration
Ex. CO-002Colorado Department of Public Health and Environment (CDPHE), Executive Director Jill Hunsaker Ryan, Notice of Public Health Order 20-20 (Mar. 12, 2020) (Ex. CO-002)In force from Mar. 12, 2020 to May 31, 2021Health care ordersWorkplace rulesQuarantine and isolation
Ex. CO-008Governor Jared Polis, Executive Order D 2020 011 (Mar. 20, 2020) (Ex. CO-008)In force from Mar. 20, 2020 to Sept. 30, 2021Alcohol and barsOther
Ex. CO-070Governor Jared Polis, Executive Order D 2021 088 (Apr. 20, 2021) (Ex. CO-070)In force from Apr. 20, 2021 to July 8, 2021Courts and public officesOther
Ex. CO-042CDPHE, Executive Director Jill Hunsaker Ryan, Seventh Amended Public Health Order 20-20 (May 31, 2021) (Ex. CO-042)In force from June 1, 2021 to Sept. 27, 2021 (issued May 31, 2021)Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. CO-069Governor Jared Polis, Executive Order D 2021 121 (June 30, 2021) (Ex. CO-069)In force from June 30, 2021 to July 10, 2021Emergency declaration
Ex. CO-078Governor Jared Polis, Executive Order D 2021 120 (June 30, 2021) (Ex. CO-078)In force from June 30, 2021 to June 30, 2021Courts and public officesOther

Agencies, boards and authorities: Colorado

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-092
CDOC news article, 'State Agencies with 24/7 Facilities to Require COVID-19 Vaccinations for Staff Members' (Aug. 17, 2021)

COVID-19 vaccination required for staff of State agencies operating 24/7 facilities, including the Department of Corrections

Colorado Department of Corrections (announcing the Governor's Office requirement for State agencies with 24/7 facilities), Colorado (Governor's Office and State agencies with 24/7 facilities, including the Department of Corrections); State level (State)

Dates
In force from Aug. 17, 2021 to Sept. 28, 2021
Quarters
2021 Q3
Limitations
Workplace rulesVaccination or testing
Functions reached
WF workforce of the State prisons (vaccination condition); HR
Grade
Confirmed from a secondary source
Days in this quarter
43

State Agencies with 24/7 Facilities to Require COVID-19 Vaccinations for Staff Members. Tuesday, August 17, 2021. Learn more about the new requirements HERE

Enforcement: Condition of State employment

Citation: Colorado Department of Corrections (announcing the Governor's Office requirement for State agencies with 24/7 facilities), CDOC news article, 'State Agencies with 24/7 Facilities to Require COVID-19 Vaccinations for Staff Members' (Aug. 17, 2021) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-092) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-093
CDOC news article, 'Visitors to CDOC Vaccination Requirement' (Sept. 28, 2021)

COVID-19 vaccination required of all CDOC employees who interface with the public, interact with inmates or parolees or enter facilities, and of other State employees, contract employees, visitors, volunteers and vendors who enter a prison facility; first dose required of visitors from Oct. 7, 2021, full vaccination by Oct. 31, 2021; masks still required of vaccinated visitors

Colorado Department of Corrections, Colorado Department of Corrections; State level (State)

Dates
In force from Sept. 28, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Functions reached
EMP contract employees and vendors entering 20 State prisons (vaccination condition); VL volunteers; VS visitors; WF
Grade
Primary source read
Days in this quarter
3 (in force on the last day)

Given the increased danger from the Delta variant we have made the decision that all CDOC employees that interface with the public, interact with inmates or parolees, or who enter into facilities as part of their job assignment will be required to receive the COVID-19 vaccine. CDOC will also require other state employees, contract employees, visitors, volunteers and vendors who enter a prison facility to be vaccinated against COVID-19 (with some accommodations made for extenuating circumstances). Beginning on October 7, 2021 any visitor will be required to bring a copy of their vaccine card or their printed CIIS verification to the facility... By October 31, 2021 all visitors will need to be fully vaccinated... Vaccinated visitors will still be required to wear a mask during visitation.

Enforcement: Condition of entry and employment

Citation: Colorado Department of Corrections, CDOC news article, 'Visitors to CDOC Vaccination Requirement' (Sept. 28, 2021) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-093) Open the exhibit

Continuing in force from an earlier quarter of this report (3 instruments):

ExhibitCitationDatesLimitations
Ex. AGY-ST-LABOR-WORKPLACE-004Colorado General Assembly; signed by Governor Polis, Senate Bill 20-205, the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq. (July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-004)In force from July 14, 2020 to Sept. 30, 2021Workplace rulesQuarantine and isolation
Ex. AGY-ST-UTILITIES-HOUSING-AG-036Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis, House Bill 20-1414 (July 14, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-036)In force from July 14, 2020 to Sept. 30, 2021Other
Ex. AGY-ST-LABOR-WORKPLACE-046Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Wage Protection Rules, 7 CCR 1103-7 (adopted Nov. 10, 2020; effective Jan. 1, 2021), Rules 2.6-2.7 and 3 (HFWA paid sick leave and public health emergency leave) (Ex. AGY-ST-LABOR-WORKPLACE-046)In force from Jan. 1, 2021 to Feb. 23, 2021 (issued Nov. 10, 2020)Workplace rulesQuarantine and isolation

End of general restrictions, State of Colorado: CDPHE Public Health Order 20-38 Limited COVID-19 Restrictions (issued April 15, 2021; superseding PHO 20-36 COVID-19 Dial and PHO 20-29), following Executive Order D 2021 069 (March 24, 2021), which set the Dial framework to expire April 16, 2021 (2021-04-16 12:01 a.m.). What remained: The disaster emergency (D 2020 003 chain, to July 8, 2021, then the Recovery Order D 2021 122 chain); the statewide face-covering order (D 2021 079, amended by D 2021 095 on May 2 and restated by D 2021 103 on May 14, 2021, effective May 15 and expiring June 1, 2021); PHO 20-38's rule that indoor settings with more than 100 unvaccinated persons may operate at 100 percent capacity not to exceed 500 people with six-foot distancing between unvaccinated parties and require a CDPHE-approved variance above 500 (dropped effective June 1, 2021); face-covering duties in schools, child care, camps, congregate care, prisons, jails and health care settings (all persons to May 15, 2021; unvaccinated persons age 12 and older June 1 to June 30, 2021; unvaccinated patients, residents, visitors and staff in health care settings, prisons, jails and homeless shelters July 1, 2021 onward); 'All employers must implement the face covering requirements'; CDPHE authority to require counties whose resident hospitalizations threaten to exceed 85 percent of hospital capacity to implement additional restrictions; hospital case and bed reporting; PHO 20-20 residential-care testing, visitation and PPE requirements; PHO 20-29 hospital reporting (to April 16, 2021 only); PHO 20-33 laboratory reporting; PHO 20-37/21-01 vaccine access and reporting; existing 5 Star and county variances; county authority to adopt local orders (Boulder County, Denver, San Miguel and others did so in 2021); tenant 30-day-notice protections (D 2021 088 chain to July 8, 2021); takeout alcohol authorization (D 2020 011 chain to July 8, 2021).

Preemption of local orders, State of Colorado: None. Colorado set a statewide floor and expressly preserved stricter local orders throughout. D 2020 017 (Mar. 25, 2020) § II.D.1.e: 'Nothing in this Executive Order prevents a local public health authority from issuing an order more protective of public than this Executive Order. For clarity, any stay at home or similar order issued by a local jurisdiction remains in full force and effect' (Ex. CO-012); D 2020 235 (Oct. 30, 2020) § M: 'Nothing in this Executive Order prevents a county or municipality from adopting more protective standards than those contained in this Executive Order as necessary' (Ex. CO-035). Local public health directors act under C.R.S. §§ 25-1-506 and 25-1-508 (recited in the Pitkin County order, Ex. CO-090, and the San Miguel County order, Ex. CO-076). Less protective local measures required State approval: PHO 20-24 § IV allowed local agencies to apply to CDPHE for relief (Ex. CO-016); the Protect Our Neighbors and Dial variance processes ran through CDPHE certification (Exs. CO-030, CO-050, CO-036); D 2020 235 § K authorized CDPHE to 'restrict funding to any county that implements measures that are less restrictive than the standards approved by CDPHE for each level if the county did not first obtain approval from CDPHE' (Ex. CO-035). Counties in Level Red in November 2020 (Weld County among them) that announced non-enforcement did not thereby remove the State order's force. From April 16, 2021 (PHO 20-38) counties assumed local control and several reimposed mask orders in Q3 2021.

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

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):

  • CO-069 D 2021 121 disaster emergency (July 1-8, 2021)
  • CO-043 D 2021 122 Colorado COVID-19 Disaster Recovery Order (July 8, 2021) and CO-044, CO-045, CO-046 (D 2021 124, 125, 129) continuing it through Sept. 30, 2021 and beyond
  • CO-041 Fourth Amended PHO 20-38 (effective July 1, 2021)
  • CO-053 Fifth Amended PHO 20-38 (effective Aug. 1, 2021)
  • CO-091 Sixth Amended PHO 20-38 (effective Sept. 1, 2021; school case reporting added)
  • CO-054 Seventh Amended PHO 20-38 (issued Sept. 30, 2021, effective Oct. 1, 2021)
  • CO-042 Seventh Amended PHO 20-20 (effective June 1, 2021) residential-care testing, visitation, PPE and vaccination-plan requirements
  • CO-092 Eighth Amended PHO 20-20 (effective Sept. 27, 2021)
  • CO-093 Amended PHO 21-01 Vaccine Access and Data Reporting (effective Aug. 1, 2021); PHO 20-33 Laboratory Data Reporting (recited in CO-041, CO-053, CO-091, CO-054; not separately retrieved)
  • CO-055 State Board of Health emergency rule 6 CCR 1011-1, ch. 2, Part 12 (adopted and effective Aug. 30, 2021): first dose by Sept. 30, 2021; fully vaccinated by Oct. 31, 2021
  • CO-095 State of Colorado employer vaccination-or-testing requirement for State employees (testing and indoor masking of unvaccinated employees from Sept. 20, 2021; CDOC, CDHS and CDPHE first-dose deadline Sept. 30, 2021) (secondary)
  • CO-078 D 2021 120 tenant 30-day notice protections (July 1-8, 2021) and CO-008 D 2020 011 takeout-alcohol suspension chain (July 1-8, 2021), both rescinded by D 2021 122
  • CO-076 San Miguel County PHO 2021-06 (effective Sept. 1, 2021, 11:59 p.m.): face coverings for all persons regardless of vaccination status in indoor public settings; CO-077 PHO 2021-07 (Sept. 30, 2021)
  • CO-086 7th Judicial District AO 2021-05 phased jury-trial protocols (courts operating under COVID protocols through 2021)
  • Boulder County Public Health Order 2021-07 indoor mask order (Sept. 3, 2021) and Denver school and child-care mask order (Aug. 2021): DEN metro file
  • Federal layer: CDC conveyance mask order, TSA directives, OSHA Healthcare ETS (29 C.F.R. § 1910.502) from June 21, 2021, CMS QSO memoranda: Federal files

5. Standing duties in Colorado

Colorado's pandemic measures rested on standing law that no single order created. C.R.S. 25-1.5-101(1)(a) and 25-1.5-102(1)(a)(I), (c) and (d) empower CDPHE to close public places, forbid gatherings, investigate and control communicable disease, and establish and enforce isolation and quarantine with physical control over property and persons; 25-1-506(3)(b) gives county and district public health agencies the same powers locally. C.R.S. 25-1-114(1)(a) makes it unlawful for any person, association or corporation, and the officers thereof, to willfully violate, disobey or disregard any lawful public-health order, punishable during the period by a fine up to $1,000 and county jail up to one year (25-1-114(4), 2018 text), and expressly preserves civil actions in damages for violations of the public health laws; 25-1-516 is the local analogue (class 1 misdemeanor in the 2018 text). Every CDPHE order in the library recites 25-1.5-101 and 25-1.5-102 as authority and 25-1-114 as the penalty. C.R.S. 24-33.5-704(2) gives the Governor's executive orders the force and effect of law and (7)(g) the power to control the occupancy of premises; violations of executive orders were enforced through the implementing PHOs, license suspension (D 2020 138 sec. K) and trespass (D 2020 138 sec. H). Colorado is a federal-OSHA State without a State general-duty statute (the former 8-1-109 is repealed; HB 26-1054 to enact one was lost May 13, 2026), so 29 U.S.C. 654(a)(1) bound every private employer; the General Assembly added the Public Health Emergency Whistleblower Act (HB 20-1415, eff. July 11, 2020) and the Healthy Families and Workplaces Act (SB 20-205, eff. July 14, 2020). Colorado enacted no COVID-19 liability shield: SB 20B-011, HB 21-1074 and SB 21-080 were each postponed indefinitely, and each would have protected only an entity that attempted in good faith to comply with applicable public health guidelines, instructions, orders and mandates; the Premises Liability Act's duty of reasonable care to invitees (13-21-115) and the ordinary negligence standard therefore governed. The retail food statute (25-4-1609, 25-4-1611) allowed closure for an imminent health hazard and license suspension, the route CDPHE used against a Castle Rock restaurant in May 2020, and the Board of Health's rules (6 CCR 1009-1) impose reporting, investigation and food-worker exclusion duties. The orders themselves wrote the protocols into operating conditions with mandatory verbs (must comply, shall take, must implement) and incorporated CDPHE guidance by reference, while marking recommendations as such (encouraged, should, strongly encouraged); PHO 20-38's employer implementation duty ran through September 30, 2021. The Attorney General stated in March 2020 that residents and businesses are required to follow the orders on pain of criminal penalty and license revocation, and the District of Colorado held on April 19, 2020 that the Stay at Home orders represented the reasonable judgment of the Governor and the public health departments under broad emergency powers.

The State's standing duties

Ex. DUT-CO-001

C.R.S. § 25-1.5-102 (Epidemic and communicable diseases - powers and duties of department - rules - definitions)

Epidemic and communicable diseases - powers and duties of department

Colorado General Assembly (text as published by the Office of Legislative Legal Services, Colorado Revised Statutes 2018), Colorado (State)

Dates
Standing (In force throughout 2020 Q2 - 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureGathering capQuarantine and isolationStanding duty
Character
statutory authority
Grade
Primary source read

To investigate and control the causes of epidemic and communicable diseases affecting the public health.... To establish, maintain, and enforce isolation and quarantine, and, in pursuance thereof and for this purpose only, to exercise such physical control over property and the persons of the people within this state as the department may find necessary for the protection of the public health

Enforcement: Through § 25-1-114(1)(a), (4): misdemeanor; fine up to $1,000 and/or county jail up to one year (2018 text in force during the period)

Citation: Colorado General Assembly (text as published by the Office of Legislative Legal Services, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-102 (Epidemic and communicable diseases - powers and duties of department - rules - definitions) (standing) (Ex. DUT-CO-001) Open the exhibit

Ex. DUT-CO-002

C.R.S. § 25-1.5-101(1)(a) (Powers and duties of department)

Powers and duties of department - laboratory cash fund - report

Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), Colorado (State)

Dates
Standing (In force throughout 2020 Q2 - 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureGathering capEvents and venuesStanding duty
Character
statutory authority
Grade
Primary source read

(a) To close theaters, schools, and other public places, and to forbid gatherings of people when necessary to protect the public health.

Enforcement: Through § 25-1-114(1)(a), (4)

Citation: Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-101(1)(a) (Powers and duties of department) (standing) (Ex. DUT-CO-002) Open the exhibit

Ex. DUT-CO-003

C.R.S. § 25-1-114 (Unlawful acts - penalties)

Unlawful acts - penalties

Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), Colorado (State)

Dates
Standing (In force throughout 2020 Q2 - 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
order penalty
Grade
Primary source read

It is unlawful for any person, association, or corporation, and the officers thereof: (a) To willfully violate, disobey, or disregard... the terms of any lawful notice, order, standard, rule, or regulation issued pursuant thereto... guilty of a misdemeanor... a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year

Enforcement: Misdemeanor: fine of not more than $1,000, or county jail not more than one year, or both, plus liability for health authorities' abatement expense (subsection (4), 2018 text); 'Conviction... shall not relieve any person from any civil action in damages'

Citation: Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1-114 (Unlawful acts - penalties) (standing) (Ex. DUT-CO-003) Open the exhibit

Ex. DUT-CO-004

C.R.S. § 25-1-506(3)(b)(V)-(VIII) (County or district public health agency - powers)

County or district public health agency

Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), Colorado (State)

Dates
Standing (In force throughout 2020 Q2 - 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureGathering capQuarantine and isolationStanding duty
Character
statutory authority
Grade
Primary source read

To establish, maintain, and enforce isolation and quarantine... to exercise physical control over property and over the persons of the people within the jurisdiction of the agency as the agency may find necessary for the protection of the public health; (VII) To close schools and public places and to prohibit gatherings of people when necessary to protect public health.

Enforcement: Through § 25-1-516(1)(a), (3) (class 1 misdemeanor, 2018 text) and § 25-1-114

Citation: Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1-506(3)(b)(V)-(VIII) (County or district public health agency - powers) (standing) (Ex. DUT-CO-004) Open the exhibit

Ex. DUT-CO-005

C.R.S. § 25-1-516 (Unlawful acts - penalties) (local public health orders)

Unlawful acts - penalties

Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), Colorado (State)

Dates
Standing (In force throughout 2020 Q2 - 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
order penalty
Grade
Primary source read

It is unlawful for any person, association, or corporation and the officers thereof to: (a) Willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, or rule;... (3)... is guilty of a class 1 misdemeanor and, upon conviction thereof, shall be punished pursuant to the provisions of section 18-1.3-501, C.R.S.

Enforcement: Class 1 misdemeanor punished under § 18-1.3-501 (2018 text; the sentencing range under § 18-1.3-501 was not verified in this packet), plus abatement expense; 'Conviction... shall not relieve any person from any civil action in damages'

Citation: Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1-516 (Unlawful acts - penalties) (local public health orders) (standing) (Ex. DUT-CO-005) Open the exhibit

Ex. DUT-CO-006

C.R.S. § 24-33.5-704 (The governor and disaster emergencies - response - duties and limitations)

The governor and disaster emergencies - response - duties and limitations

Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), Colorado (State)

Dates
Standing (In force throughout 2020 Q2 - 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationStay-at-homeBusiness closureStanding duty
Character
statutory authority
Grade
Primary source read

Under this part 7, the governor may issue executive orders, proclamations, and regulations and amend or rescind them. Executive orders, proclamations, and regulations have the force and effect of law.... (7)... the governor may:... (g) Control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises therein.

Enforcement: The Act itself prescribes no penalty for violating an executive order. Enforcement in Colorado ran through the implementing CDPHE order (§ 25-1-114: Ex. CO-012 with CO-013), summary suspension of business licenses (D 2020 138 § K, Ex. CO-031) and prosecution for trespass (D 2020 138 § H, Ex. CO-031).

Citation: Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 24-33.5-704 (The governor and disaster emergencies - response - duties and limitations) (standing) (Ex. DUT-CO-006) Open the exhibit

Ex. DUT-CO-007

House Bill 20-1415, Public Health Emergency Whistleblower Act ('PHEW'), C.R.S. § 8-14.4-101 et seq.

Concerning a Worker's Rights in the Workplace for Conduct Related to a Principal's Actions During a Public Health Emergency, and, in Connection Therewith, Making an Appropriation

Colorado General Assembly (Seventy-second General Assembly, Second Regular Session); signed by Governor Jared Polis, Colorado (State)

Dates
Standing (2020-07-11 (signed and effective; safety clause))
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Primary source read

A principal shall not discriminate, take adverse action, or retaliate against any worker based on the worker, in good faith, raising any reasonable concern about workplace violations of government health or safety rules, or about an otherwise significant workplace threat to health or safety, related to a public health emergency

Enforcement: Administrative complaint to the Division of Labor Standards and Statistics and private civil action with reinstatement, back pay and other relief (art. 14.4; see Ex. DUT-CO-019 § 2 for the Division's enforcement authority under §§ 8-14.4-103, -105, -108)

Citation: Colorado General Assembly (Seventy-second General Assembly, Second Regular Session); signed by Governor Jared Polis, House Bill 20-1415, Public Health Emergency Whistleblower Act ('PHEW'), C.R.S. § 8-14.4-101 et seq. (standing) (Ex. DUT-CO-007) Open the exhibit

Ex. DUT-CO-008

Senate Bill 20-205, Healthy Families and Workplaces Act ('HFWA'), C.R.S. § 8-13.3-401 et seq.

Concerning Paid Sick Leave (Healthy Families and Workplaces Act)

Colorado General Assembly (Seventy-second General Assembly, Second Regular Session); signed by Governor Jared Polis, Colorado (State)

Dates
Standing (2020-07-14 (signed; safety clause). § 8-13.3-406(2): from the effective date through Dec. 31, 2020 every employer 'regardless of size' had to provide paid sick leave in the amount and for the purposes of the federal Emergency Paid Sick Leave Act to each employee not covered by it; § 8-13.3-405 public health emergency leave supplements accrued leave 'on the date a public health emergency is declared'; § 8-13.3-403 accrual duty from Jan. 1, 2021 (employers with sixteen or more employees) and Jan. 1, 2022 (all employers))
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesQuarantine and isolationStanding duty
Character
workplace duty
Grade
Primary source read

on the date a public health emergency is declared, each employer in the state shall supplement each employee's accrued paid sick leave as necessary to ensure that an employee may take the following amounts of paid sick leave for the purposes specified in subsection (3) of this section: (a) For employees who normally work forty or more hours in a week, at least eighty hours.

Enforcement: Division of Labor Standards and Statistics enforcement and private civil action under the Act's remedies and anti-retaliation provisions (§§ 8-13.3-407 to -411.

Citation: Colorado General Assembly (Seventy-second General Assembly, Second Regular Session); signed by Governor Jared Polis, Senate Bill 20-205, Healthy Families and Workplaces Act ('HFWA'), C.R.S. § 8-13.3-401 et seq. (standing) (Ex. DUT-CO-008) Open the exhibit

Ex. DUT-CO-009

29 U.S.C. § 654(a)(1) (general duty clause)

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5(a)); text as published in the United States Code, 2020 edition (Office of the Law Revision Counsel via GovInfo), United States (applies in Colorado, a federal-OSHA State with no approved State plan for private-sector employers) (Federal)

Dates
Standing (In force throughout 2020 Q2 - 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Primary source read

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

Enforcement: Civil penalties under 29 U.S.C. § 666 (in 2020-2021 up to $13,494 per serious or general-duty violation, the figure OSHA proposed in its Sept. 10, 2020 Smithfield general-duty citation, Ex. AGY-FED-LABOR-IMMIGRATION-031); willful or repeated violations up to ten times that amount

Citation: Congress (Occupational Safety and Health Act of 1970, § 5(a)); text as published in the United States Code, 2020 edition (Office of the Law Revision Counsel via GovInfo), 29 U.S.C. § 654(a)(1) (general duty clause) (standing) (Ex. DUT-CO-009) Open the exhibit

Ex. DUT-CO-010

Frequently Asked Questions: Enforcement of Public Health Orders (revised Mar. 31, 2020)

Frequently Asked Questions: Enforcement of Public Health Orders

Colorado Attorney General Phil Weiser (Department of Law), Colorado (State)

Dates
Standing (2020-03-31 (interpretive statement; an earlier version was posted in March 2020 with the Mar. 20, 2020 release, Ex. DUT-CO-016))
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering capStanding duty
Character
agency position statement
Grade
Primary source read

Are residents and businesses required to follow these public health orders? Yes. Any person who violates an order may be subject to civil and criminal penalties. Violation of a public health order is a misdemeanor and can be punished by a fine of up to $1,000 or up to one year in jail. Individuals who violate an order... could have a state license--such as a restaurant or liquor license--revoked.

Enforcement: Misdemeanor, fine up to $1,000 or jail up to one year (§ 25-1-114); abatement costs; State license revocation; injunctive orders in State court

Citation: Colorado Attorney General Phil Weiser (Department of Law), Frequently Asked Questions: Enforcement of Public Health Orders (revised Mar. 31, 2020) (standing) (Ex. DUT-CO-010) Open the exhibit

Ex. DUT-CO-011

Memorandum to Entities Regulated by the Consumer Credit Unit, RE: COVID-19 (Mar. 20, 2020)

Memorandum re COVID-19: employees working remotely; applications and notification filings

Colorado Attorney General, Department of Law, Consumer Protection Section, Consumer Credit Unit (Martha Fulford, Administrator of the Uniform Consumer Credit Code), Colorado (State)

Dates
Standing (2020-03-20, 'during the pendency of the COVID-19 outbreak'; 'may be amended, revised, or extended at any time')
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Telework mandateOperating condition
Character
guidance incorporated
Grade
Primary source read

The Administrator does not intend to take an administrative, disciplinary, or enforcement action for such activities, so long as the following criteria are met:... 6. The individual ceases conducting the activity from the home location as soon as reasonably possible, consistent with recommendations from the CDC, CDPHE, and applicable state health departments.

Enforcement: None imposed; the instrument is a conditional non-enforcement position ('does not intend to take an administrative, disciplinary, or enforcement action... so long as the following criteria are met'); it 'does not constitute a statutory or regulatory exemption from licensure'

Citation: Colorado Attorney General, Department of Law, Consumer Protection Section, Consumer Credit Unit (Martha Fulford, Administrator of the Uniform Consumer Credit Code), Memorandum to Entities Regulated by the Consumer Credit Unit, RE: COVID-19 (Mar. 20, 2020) (Ex. DUT-CO-011) Open the exhibit

Ex. DUT-CO-012

Order Denying Plaintiff's Request for Preliminary Injunction, Lawrence v. Colorado, No. 1:20-cv-00862-DDD-SKC, ECF No. 19

Order Denying Plaintiff's Request for Preliminary Injunction

Hon. Daniel D. Domenico, U.S. District Judge, Colorado (United States District Court for the District of Colorado) (Court)

Dates
Standing (2020-04-19)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering capOther
Character
adjudication
Grade
Primary source read

Defendants' orders, while onerous and subject to legitimate debate, represent the reasonable judgment of the Governor, the Denver Mayor, and the respective public health departments of the State and the City, based on the information currently available, as to what measures are necessary to slow the spread of the virus and protect the public health.

Enforcement: n/a (judicial decision); the court left the orders and their § 25-1-114 penalties in force

Citation: Hon. Daniel D. Domenico, U.S. District Judge, Order Denying Plaintiff's Request for Preliminary Injunction, Lawrence v. Colorado, No. 1:20-cv-00862-DDD-SKC, ECF No. 19 (Apr. 19, 2020) (Ex. DUT-CO-012) Open the exhibit

Ex. DUT-CO-013

House Bill 21-1074, Immunity for Entities During COVID-19 (introduced; not enacted)

Concerning Civil Immunity for Entities that Comply with Applicable Health Guidelines Related to COVID-19

Colorado House of Representatives (Seventy-third General Assembly, First Regular Session); sponsor Rep. Bradfield, Colorado (State)

Dates
Standing (Never effective)
Limitations
Operating condition
Character
not enacted
Grade
Primary source read

An entity is immune from civil liability for any act or omission that results in exposure, loss, damage, injury, or death arising out of COVID-19 if the entity attempts in good faith to comply with applicable guidelines unless the exposure, loss, damage, injury, or death was caused by gross negligence or a willful and wanton act or omission of the entity.

Enforcement: n/a

Citation: Colorado House of Representatives (Seventy-third General Assembly, First Regular Session); sponsor Rep. Bradfield, House Bill 21-1074, Immunity for Entities During COVID-19 (introduced; not enacted) (Feb. 16, 2021) (Ex. DUT-CO-013) Open the exhibit

Ex. DUT-CO-014

C.R.S. § 13-21-115 (Actions against landowners)

Actions against landowners

Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), Colorado (State)

Dates
Standing (In force throughout 2020 Q2 - 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing duty
Character
statutory duty
Grade
Primary source read

an invitee may recover for damages caused by the landowner's unreasonable failure to exercise reasonable care to protect against dangers of which he actually knew or should have known.

Enforcement: Civil liability in damages

Citation: Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 13-21-115 (Actions against landowners) (standing) (Ex. DUT-CO-014) Open the exhibit

Ex. DUT-CO-015

C.R.S. §§ 25-4-1609 (Disciplinary actions - closure - revocation - suspension - review) and 25-4-1611 (Violation - penalties)

Disciplinary actions - closure - revocation - suspension - review; Violation - penalties

Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), Colorado (State)

Dates
Standing (In force throughout 2020 Q2 - 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureStanding dutyOperating condition
Character
sanitary code duty
Grade
Primary source read

(2) Except in cases of closure due to an imminent health hazard, proceedings for the revocation or suspension of a license or certificate of license may not be commenced until after the imposition of the penalties prescribed by section 25-4-1611. The maximum period of suspension is one month.

Enforcement: Civil penalty 'of not less than two hundred fifty dollars and not more than one thousand dollars' (§ 25-4-1611(1)); license suspension up to one month or revocation (§ 25-4-1609(1)-(2)); closure for imminent health hazard; cease-and-desist order (§ 25-4-1609(2.5))

Citation: Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. §§ 25-4-1609 (Disciplinary actions - closure - revocation - suspension - review) and 25-4-1611 (Violation - penalties) (standing) (Ex. DUT-CO-015) Open the exhibit

Ex. DUT-CO-016

Press release, 'State law enforcement and public health officials urge Coloradans to follow state public health order during coronavirus emergency' (Mar. 20, 2020)

State law enforcement and public health officials urge Coloradans to follow state public health order during coronavirus emergency; Enforcement guidance includes voluntary compliance, stronger action when necessary

Colorado Attorney General Phil Weiser, with CDPHE Executive Director Jill Hunsaker Ryan and the Colorado Department of Public Safety, Colorado (State)

Dates
Standing
Quarters
2020 Q2
Limitations
Business closureStanding duty
Character
agency position statement
Grade
Primary source read

Under Colorado law, it is unlawful for any person, association, or corporation to willfully violate, disobey, or disregard the provisions of the public health laws or the terms of this or any other public health order. Any person who violates the order may be subject to civil and criminal penalties.

Enforcement: Civil and criminal penalties under § 25-1-114 (restated)

Citation: Colorado Attorney General Phil Weiser, with CDPHE Executive Director Jill Hunsaker Ryan and the Colorado Department of Public Safety, Press release, 'State law enforcement and public health officials urge Coloradans to follow state public health order during coronavirus emergency' (Mar. 20, 2020) (standing) (Ex. DUT-CO-016) Open the exhibit

Ex. DUT-CO-017

6 CCR 1009-1, Epidemic and Communicable Disease Control (Regulations 1-11), version adopted Apr. 17, 2019, effective June 14, 2019

Epidemic and Communicable Disease Control

Colorado State Board of Health (rules administered by CDPHE, Disease Control and Environmental Epidemiology Division), Colorado (State)

Dates
Standing (2019-06-14)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesQuarantine and isolationStanding duty
Character
sanitary code duty
Grade
Primary source read

The employer is responsible for ensuring the absence from work of an employee with an infectious disease for which there is evidence of transmission to persons in a food service, food processing, milk producing, or milk processing setting, as determined by the Department.

Enforcement: Through § 25-1-114(1)(a), (b), (4) (violation of a rule of the board; failure to file required disease reports)

Citation: Colorado State Board of Health (rules administered by CDPHE, Disease Control and Environmental Epidemiology Division), 6 CCR 1009-1, Epidemic and Communicable Disease Control (Regulations 1-11), version adopted Apr. 17, 2019, effective June 14, 2019 (standing) (Ex. DUT-CO-017) Open the exhibit

Ex. DUT-CO-018

Senate Bill 20B-011, Immunity for Small Businesses During COVID-19 (introduced; not enacted)

Concerning Civil Immunity for Small Businesses that Comply with Applicable Health Guidelines Related to COVID-19

Colorado Senate (Seventy-second General Assembly, First Extraordinary Session); prime sponsors Sen. Tate, Reps. Landgraf and Pelton, Colorado (State)

Dates
Standing (Never effective)
Limitations
Operating condition
Character
not enacted
Grade
Primary source read

(2) A small business is immune from civil liability for any act or omission that results in exposure, loss, damage, injury, or death arising out of COVID-19 if the small business attempts in good faith to comply with applicable guidelines unless the exposure, loss, damage, injury, or death was caused by gross negligence or a willful and wanton act or omission of the small business.

Enforcement: n/a

Citation: Colorado Senate (Seventy-second General Assembly, First Extraordinary Session); prime sponsors Sen. Tate, Reps. Landgraf and Pelton, Senate Bill 20B-011, Immunity for Small Businesses During COVID-19 (introduced; not enacted) (Nov. 30, 2020) (Ex. DUT-CO-018) Open the exhibit

Ex. DUT-CO-019

Statement of Basis, Purpose, Specific Statutory Authority, and Findings, Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving Rules ('Colorado WARNING Rules'), 7 CCR 1103-11, as proposed Sept. 25, 2020

Statement of Basis, Purpose, Specific Statutory Authority, and Findings: Colorado WARNING Rules, 7 CCR 1103-11 (as proposed September 25, 2020)

Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (Director), Colorado (State)

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

These Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving Rules ("Colorado WARNING Rules") implement and enforce multiple recent and/or imminently effective additions and changes to labor standards law in C.R.S. Title 8, including but not limited to the Public Health Emergency Whistleblower Act ("PHEW"), C.R.S. § 8-14.4-101, et seq. (effective July 11, 2020)

Enforcement: Division enforcement: reinstatement, lost pay, penalties and fines (as described in Part 4(A) of the statement)

Citation: Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (Director), Statement of Basis, Purpose, Specific Statutory Authority, and Findings, Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving Rules ('Colorado WARNING Rules'), 7 CCR 1103-11, as proposed Sept. 25, 2020 (Ex. DUT-CO-019) Open the exhibit

Ex. DUT-CO-020

Senate Bill 21-080, Protections for Entities During COVID-19 (introduced; not enacted)

Concerning Protections for Entities that Comply with Public Health Guidelines Related to COVID-19

Colorado Senate (Seventy-third General Assembly, First Regular Session); prime sponsors Sen. Woodward, Reps. Bird, Bradfield and Larson, Colorado (State)

Dates
Standing (Never effective)
Limitations
Operating condition
Character
not enacted
Grade
Primary source read

An entity is not liable for any damages that result from exposure, loss, damage, injury, or death arising out of COVID-19 unless: A claimant proves by clear and convincing evidence that the exposure, loss, damage, injury, or death was caused by the entity's failure to comply with public health guidelines; or (b)... gross negligence or a willful and wanton act or omission

Enforcement: n/a

Citation: Colorado Senate (Seventy-third General Assembly, First Regular Session); prime sponsors Sen. Woodward, Reps. Bird, Bradfield and Larson, Senate Bill 21-080, Protections for Entities During COVID-19 (introduced; not enacted) (Feb. 16, 2021) (Ex. DUT-CO-020) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

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

Duties of employers and employees

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

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

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

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

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

Ex. DUT-FED-002

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

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

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

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

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

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

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

Ex. DUT-FED-003

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

General requirements (Subpart I, Personal Protective Equipment)

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

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

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

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

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

Ex. DUT-FED-004

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

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

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

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

Enforcement: 29 U.S.C. 666

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

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

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

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

Enforcement: 29 U.S.C. 666

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

Ex. DUT-FED-006

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

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

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

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

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

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

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

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

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

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates
Standing (2021-01-29)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-08-13)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-06)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

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

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates
Standing (2020-09-09)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates
Standing (2020-09-11)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates
Standing (2021-04-22)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates
Standing (2021-04-15)
Quarters
2020 Q42021 Q2
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates
Standing (2020-10-09)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-11-06)
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rules
Character
agency enforcement summary
Grade
Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates
Standing (2020-12-08)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates
Standing (2021-04-20)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

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

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

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

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
liability shield condition
Grade
Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates
Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Other
Character
agency interpretation
Grade
Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

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

Dates
Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Vaccination or testingOther
Character
liability shield condition
Grade
Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates
Standing (2020-04-17)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-09-08)
Quarters
2020 Q32020 Q4
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

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

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

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

Dates
Standing (2020-03-21)
Quarters
2020 Q2
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

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

Dates
Standing (2020-05-06)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates
Standing (2020-03-18)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

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

Dates
Standing (2020-07-15)
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-04-26)
Quarters
2020 Q22020 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character
agency guidance recommendation
Grade
Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-07-09)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

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

Dates
Standing (2020-04-08)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

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

Dates
Standing (2020-05-27)
Quarters
2020 Q22020 Q3
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates
Standing (2020-03-13)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rules
Character
agency position statement
Grade
Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates
Standing (2021-01-08)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates
Standing (2021-10-01)
Quarters
2021 Q22021 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-12-16)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2021-05-28)
Quarters
2021 Q22021 Q3
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-06-10)
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates
Standing (2022-06-06)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Character
adjudication
Grade
Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

6. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business in Colorado 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 265 instruments in force for this selection: 39 instruments from the State of Colorado (Governor Jared Polis, Executive Order D 2020 017 (Mar. 25, 2020) (Ex. CO-012); Governor Jared Polis, Executive Order D 2020 024 (Apr. 6, 2020) (Ex. CO-015); CDPHE, Executive Director Jill Hunsaker Ryan, Fourth Updated Public Health Order 20-24 (Apr. 9, 2020) (Ex. CO-047); and 36 more), 7 instruments from the agencies, boards and authorities of Colorado (Colorado Department of Revenue, Liquor Enforcement Division, LED Bulletin 20-07 re Emergency Regulations 47-302(F) (COVID-19 Temporary Modification of On-Premises Licenses) and 47-1102 (Compliance with Public Health Orders and Executive Orders) (May 27, 2020) (Ex. AGY-ST-ALCOHOL-110); Colorado Department of Revenue, Liquor Enforcement Division, LED Bulletin 20-06 re Updated Guidance Regarding LED Response to "Safer at Home" Orders (May 1, 2020) (Ex. AGY-ST-ALCOHOL-109); Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, 7 CCR 1103-10 (adopted Mar. 11, 2020; amended Mar. 26, Apr. 3, Apr. 27 and July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-044); and 4 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 40 standing duties (Colorado General Assembly (text as published by the Office of Legislative Legal Services, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-102 (Epidemic and communicable diseases - powers and duties of department - rules - definitions) (standing) (Ex. DUT-CO-001); Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-101(1)(a) (Powers and duties of department) (standing) (Ex. DUT-CO-002); and 38 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF workforce (Ex. CO-012); GATH (Ex. CO-012); BA (Ex. CO-090); CB resort customer base (Ex. CO-089); DR (Ex. CO-089); CB community corrections contractors (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-011); CB customer base (Ex. CO-004); CB patients (Ex. CO-007); CT courts (Ex. CO-099); DM motor-vehicle offices, titles and registrations (Ex. CO-100).

Step three, the change compelled. Governor Jared Polis, Executive Order D 2020 017 (Mar. 25, 2020) (Ex. CO-012) ordered: "B. I direct all Coloradans to stay at home, subject to limited exceptions such as obtaining food and other household necessities, going to and from work at critical businesses, seeking medical care, caring for dependents or pets, or caring for a vulnerable person in another location. C. I direct all…" Enforcement: Implemented by PHO 20-24 with C.R.S. § 25-1-114 penalties (fine up to $1,000; county jail up to one year); § II.D.1.e: 'Nothing in this Executive Order prevents… Governor Jared Polis, Executive Order D 2020 024 (Apr. 6, 2020) (Ex. CO-015) ordered: "This Executive Order amends and extends Executive Order D 2020 017 to require Coloradans to stay at home until April 26, 2020... any stay at home or similar [local] order shall remain in full force and effect" Enforcement: PHO 20-24, C.R.S. § 25-1-114 CDPHE, Executive Director Jill Hunsaker Ryan, Fourth Updated Public Health Order 20-24 (Apr. 9, 2020) (Ex. CO-047) ordered: "I. STAY AT HOME. A. All individuals currently living within the State of Colorado are ordered to Stay at Home whenever possible. Individuals living in shared or outdoor spaces must at all times, to the greatest extent possible, comply with Social Distancing Requirements, and may leave their…" Enforcement: § V: 'This order will be enforced by any appropriate legal means.... Failure to comply with this order could result in penalties including a fine of up to one… 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 D 2020 017 (Ex. CO-012) was in force from Mar. 26, 2020 to Apr. 11, 2020, 17 of the quarter's 110 days; Executive Order D 2020 024 (Ex. CO-015) was in force from Apr. 6, 2020 to Apr. 26, 2020, 21 of the quarter's 110 days; Fourth Updated Public Health Order 20-24 (Ex. CO-047) was in force from Apr. 10, 2020 to Apr. 26, 2020, 17 of the quarter's 110 days. Of the 46 instruments in the quarter's record, 4 were in force on its first day, 26 on its last day and 4 on every day of the quarter; 1 carries no parsed date and is placed in the quarter by the record itself.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 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 238 instruments in force for this selection: 24 instruments from the State of Colorado (CDPHE, Executive Director Jill Hunsaker Ryan, Seventh Amended Public Health Order 20-28 (June 18, 2020) (Ex. CO-025); Governor Jared Polis, Executive Order D 2020 091 (June 1, 2020) (Ex. CO-028); CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-32 (July 10, 2020) (Ex. CO-050); and 21 more), 7 instruments from the agencies, boards and authorities of Colorado (Colorado Department of Revenue, Liquor Enforcement Division, LED Bulletin 20-07 re Emergency Regulations 47-302(F) (COVID-19 Temporary Modification of On-Premises Licenses) and 47-1102 (Compliance with Public Health Orders and Executive Orders) (May 27, 2020) (Ex. AGY-ST-ALCOHOL-110); Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, 7 CCR 1103-10 (adopted Mar. 11, 2020; amended Mar. 26, Apr. 3, Apr. 27 and July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-044); Colorado Department of Revenue, Liquor Enforcement Division, LED Delivery Permit Notification (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-108); and 4 more), 163 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); and 160 more) and 44 standing duties (Colorado General Assembly (text as published by the Office of Legislative Legal Services, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-102 (Epidemic and communicable diseases - powers and duties of department - rules - definitions) (standing) (Ex. DUT-CO-001); Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-101(1)(a) (Powers and duties of department) (standing) (Ex. DUT-CO-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 (Ex. AGY-ST-ALCOHOL-110); BA bar and alcohol service (Ex. CO-072); CB (Ex. CO-022); CB community corrections contractors (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-011); DM motor-vehicle offices, titles and registrations (Ex. CO-100); DR (Ex. AGY-ST-ALCOHOL-110); DR late dining (Ex. CO-072); OP payroll (Ex. AGY-ST-LABOR-WORKPLACE-044); WF workforce availability (Ex. AGY-ST-LABOR-WORKPLACE-044); all Safer at Home sectors (Ex. CO-028).

Step three, the change compelled. CDPHE, Executive Director Jill Hunsaker Ryan, Seventh Amended Public Health Order 20-28 (June 18, 2020) (Ex. CO-025) ordered: "4. Effective June 18, 2020, indoor and outdoor events such as [receptions, concerts, malls, rodeos, fairs, festivals and parades]... a. Outdoor venues may allow up to 175 people within their [usable space]... b. Indoor venues may allow up to 100 people within their [usable space]... 2. Effective…" Enforcement: C.R.S. § 25-1-114 Colorado Department of Revenue, Liquor Enforcement Division, LED Bulletin 20-07 re Emergency Regulations 47-302(F) (COVID-19 Temporary Modification of On-Premises Licenses) and 47-1102 (Compliance with Public Health Orders and Executive Orders) (May 27, 2020) (Ex. AGY-ST-ALCOHOL-110) ordered: "Due to COVID-19, liquor establishments licensed for on-premises sales and consumption of alcohol beverages were [closed to on-premises consumption]. Emergency Regulation 47-302(F) is being adopted to allow on-premises liquor licensed businesses to apply for temporary modifications with their local…" Enforcement: Regulation 47-1102 makes compliance with public health orders and executive orders a license requirement; C.R.S. § 44-3-601 Governor Jared Polis, Executive Order D 2020 091 (June 1, 2020) (Ex. CO-028) ordered: "[Continues Safer at Home and directs CDPHE to issue amended PHOs permitting phased reopening of personal recreation, outdoor recreation, restaurants, camps and events under capacity and distancing limits while Vulnerable Individuals remain under Stay at Home advisement]" Enforcement: PHO 20-28 as amended; C.R.S. § 25-1-114 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. Seventh Amended Public Health Order 20-28 (Ex. CO-025) was in force from June 18, 2020 to its end date, not recorded, 92 of the quarter's 92 days; LED Bulletin 20-07 re Emergency Regulations 47-302(F) (COVID-19 Temporary Modification of… (Ex. AGY-ST-ALCOHOL-110) was in force from May 27, 2020 to Sept. 30, 2020, 92 of the quarter's 92 days; Executive Order D 2020 091 (Ex. CO-028) was in force from June 1, 2020 to Oct. 6, 2020, 92 of the quarter's 92 days. Of the 31 instruments in the quarter's record, 22 were in force on its first day, 23 on its last day and 16 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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: 18 instruments from the State of Colorado (CDPHE, Executive Director Jill Hunsaker Ryan, First Amended Public Health Order 20-36 (Nov. 17, 2020) (Ex. CO-081); CDPHE, Executive Director Jill Hunsaker Ryan, Second Amended Public Health Order 20-36 (Nov. 20, 2020) (Ex. CO-037); Governor Jared Polis, Executive Order D 2020 091 (June 1, 2020) (Ex. CO-028); and 15 more), 3 instruments from the agencies, boards and authorities of Colorado (Governor Jared Polis, Executive Order D 2020 016 (Mar. 25, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-011); Colorado General Assembly; signed by Governor Polis, Senate Bill 20-205, the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq. (July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-004); Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis, House Bill 20-1414 (July 14, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-036)), 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 (Colorado General Assembly (text as published by the Office of Legislative Legal Services, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-102 (Epidemic and communicable diseases - powers and duties of department - rules - definitions) (standing) (Ex. DUT-CO-001); Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-101(1)(a) (Powers and duties of department) (standing) (Ex. DUT-CO-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: CB (Ex. CO-022); PM property management (Ex. CO-029); SV collections (Ex. CO-029); BA bar and alcohol service (Ex. CO-072); CB tenants (Ex. CO-029); CM commercial leasing (Ex. CO-034); all sectors (Ex. CO-050); all sectors by level (Ex. CO-033); AM casinos closed (Ex. CO-081); BA last call 8 p.m. (Ex. CO-081).

Step three, the change compelled. CDPHE, Executive Director Jill Hunsaker Ryan, First Amended Public Health Order 20-36 (Nov. 17, 2020) (Ex. CO-081) ordered: "F. LEVEL RED: SEVERE RISK.... a. Public and private gatherings involving two or more people are [prohibited]... b. Non-critical Office-based businesses may allow in-person work up to 10% of their posted occupancy limit, and are strongly encouraged to implement remote work to the greatest extent…" Enforcement: C.R.S. § 25-1-114; last call by level: Blue 12:00 a.m., Yellow 11:00 p.m., Orange 10:00 p.m., Red 8:00 p.m. CDPHE, Executive Director Jill Hunsaker Ryan, Second Amended Public Health Order 20-36 (Nov. 20, 2020) (Ex. CO-037) ordered: "1. The COVID-19 Dial consists of six levels that counties qualify for based on [meeting specific metrics]... [Level Red Severe Risk and Level Purple Extreme Risk as in the First Amended order]... all individuals must wear face coverings in [public indoor spaces pursuant to D 2020 138 as amended]" Enforcement: C.R.S. § 25-1-114 Governor Jared Polis, Executive Order D 2020 091 (June 1, 2020) (Ex. CO-028) ordered: "[Continues Safer at Home and directs CDPHE to issue amended PHOs permitting phased reopening of personal recreation, outdoor recreation, restaurants, camps and events under capacity and distancing limits while Vulnerable Individuals remain under Stay at Home advisement]" Enforcement: PHO 20-28 as amended; C.R.S. § 25-1-114 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. First Amended Public Health Order 20-36 (Ex. CO-081) was in force from Nov. 17, 2020 to Nov. 20, 2020, 4 of the quarter's 92 days; Second Amended Public Health Order 20-36 (Ex. CO-037) was in force from Nov. 20, 2020 to Dec. 7, 2020, 18 of the quarter's 92 days; Executive Order D 2020 091 (Ex. CO-028) was in force from June 1, 2020 to Oct. 6, 2020, 6 of the quarter's 92 days. Of the 21 instruments in the quarter's record, 14 were in force on its first day, 11 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 232 instruments in force for this selection: 12 instruments from the State of Colorado (CDPHE, Executive Director Jill Hunsaker Ryan, Sixth Amended Public Health Order 20-36 ('Dial 2.0') (Feb. 5, 2021) (Ex. CO-039); CDPHE, Executive Director Jill Hunsaker Ryan, Ninth Amended Public Health Order 20-36 ('Dial 3.0') (Mar. 23, 2021) (Ex. CO-057); Governor Jared Polis, Executive Order D 2021 069 (Mar. 24, 2021) (Ex. CO-066); and 9 more), 3 instruments from the agencies, boards and authorities of Colorado (Colorado General Assembly; signed by Governor Polis, Senate Bill 20-205, the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq. (July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-004); Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis, House Bill 20-1414 (July 14, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-036); Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Wage Protection Rules, 7 CCR 1103-7 (adopted Nov. 10, 2020; effective Jan. 1, 2021), Rules 2.6-2.7 and 3 (HFWA paid sick leave and public health emergency leave) (Ex. AGY-ST-LABOR-WORKPLACE-046)), 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 (Colorado General Assembly (text as published by the Office of Legislative Legal Services, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-102 (Epidemic and communicable diseases - powers and duties of department - rules - definitions) (standing) (Ex. DUT-CO-001); Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-101(1)(a) (Powers and duties of department) (standing) (Ex. DUT-CO-002); and 40 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CB (Ex. CO-022); OP payroll (Ex. AGY-ST-LABOR-WORKPLACE-004); WF workforce availability (Ex. AGY-ST-LABOR-WORKPLACE-004); all sectors by level (Ex. CO-039); BA bar and alcohol service (Ex. CO-008); BA bars 25 percent or 75 (Ex. CO-057); CB patients (Ex. CO-021); CB patients and payers (Ex. CO-065); CB residents and families (Ex. CO-002); CH (Ex. CO-022).

Step three, the change compelled. CDPHE, Executive Director Jill Hunsaker Ryan, Sixth Amended Public Health Order 20-36 ('Dial 2.0') (Feb. 5, 2021) (Ex. CO-039) ordered: "C. LEVEL BLUE: CAUTIOUS. a. Public and private gatherings are limited to no more than 25 individuals... h. Restaurants may operate at 50% of the posted occupancy limit indoors not to exceed 175 people... k. Indoor Events may be conducted at 50% of the posted occupancy limit not to exceed 175…" Enforcement: C.R.S. § 25-1-114 CDPHE, Executive Director Jill Hunsaker Ryan, Ninth Amended Public Health Order 20-36 ('Dial 3.0') (Mar. 23, 2021) (Ex. CO-057) ordered: "C. LEVEL BLUE: CAUTIOUS.... b. Non-Critical Office-based Businesses may allow in-person work up to 75% of their posted occupancy limit. c. Critical and Non-critical Retail may operate at 75%... h. Restaurants may operate at 100% of the posted occupancy limit indoors with 6 feet distancing between…" Enforcement: C.R.S. § 25-1-114 Governor Jared Polis, Executive Order D 2021 069 (Mar. 24, 2021) (Ex. CO-066) ordered: "Each county or region is at one of the six levels represented by colors on the Dial, which range from least restrictive to most restrictive... [the Dial framework is extended] until April 16, 2021 due to the continued presence of COVID-19 in Colorado" Enforcement: PHO 20-36 (Ninth and Tenth Amended) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Jan. 1, 2021 to Mar. 31, 2021, 90 days. Sixth Amended Public Health Order 20-36 ('Dial 2.0') (Ex. CO-039) was in force from Feb. 6, 2021 to Mar. 23, 2021, 46 of the quarter's 90 days; Ninth Amended Public Health Order 20-36 ('Dial 3.0') (Ex. CO-057) was in force from Mar. 24, 2021 to Apr. 4, 2021, 8 of the quarter's 90 days; Executive Order D 2021 069 (Ex. CO-066) was in force from Mar. 24, 2021 to Apr. 16, 2021, 8 of the quarter's 90 days. Of the 15 instruments in the quarter's record, 11 were in force on its first day, 12 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 238 instruments in force for this selection: 23 instruments from the State of Colorado (CDPHE, Executive Director Jill Hunsaker Ryan, Ninth Amended Public Health Order 20-36 ('Dial 3.0') (Mar. 23, 2021) (Ex. CO-057); Governor Jared Polis, Executive Order D 2021 069 (Mar. 24, 2021) (Ex. CO-066); CDPHE, Executive Director Jill Hunsaker Ryan, Tenth Amended Public Health Order 20-36 (Apr. 4, 2021) (Ex. CO-058); and 20 more), 3 instruments from the agencies, boards and authorities of Colorado (Colorado General Assembly; signed by Governor Polis, Senate Bill 20-205, the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq. (July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-004); Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis, House Bill 20-1414 (July 14, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-036); Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Wage Protection Rules, 7 CCR 1103-7 (adopted Nov. 10, 2020; effective Jan. 1, 2021), Rules 2.6-2.7 and 3 (HFWA paid sick leave and public health emergency leave) (Ex. AGY-ST-LABOR-WORKPLACE-046)), 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 (Colorado General Assembly (text as published by the Office of Legislative Legal Services, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-102 (Epidemic and communicable diseases - powers and duties of department - rules - definitions) (standing) (Ex. DUT-CO-001); Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-101(1)(a) (Powers and duties of department) (standing) (Ex. DUT-CO-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: EMP (Ex. CO-061); IN schools (Ex. CO-051); EC child care (Ex. CO-051); IC health care (Ex. CO-051); CB (Ex. CO-022); OF hospital reporting (Ex. CO-051); CB residents and families (Ex. CO-002); CB tenants (Ex. CO-070); DR (Ex. CO-067); IC infection control (Ex. CO-002).

Step three, the change compelled. CDPHE, Executive Director Jill Hunsaker Ryan, Ninth Amended Public Health Order 20-36 ('Dial 3.0') (Mar. 23, 2021) (Ex. CO-057) ordered: "C. LEVEL BLUE: CAUTIOUS.... b. Non-Critical Office-based Businesses may allow in-person work up to 75% of their posted occupancy limit. c. Critical and Non-critical Retail may operate at 75%... h. Restaurants may operate at 100% of the posted occupancy limit indoors with 6 feet distancing between…" Enforcement: C.R.S. § 25-1-114 Governor Jared Polis, Executive Order D 2021 069 (Mar. 24, 2021) (Ex. CO-066) ordered: "Each county or region is at one of the six levels represented by colors on the Dial, which range from least restrictive to most restrictive... [the Dial framework is extended] until April 16, 2021 due to the continued presence of COVID-19 in Colorado" Enforcement: PHO 20-36 (Ninth and Tenth Amended) CDPHE, Executive Director Jill Hunsaker Ryan, Tenth Amended Public Health Order 20-36 (Apr. 4, 2021) (Ex. CO-058) ordered: "1. The COVID-19 Dial consists of six levels that counties qualify for based on meeting specific metrics. Counties will remain in a Dial level so long as they continue to meet the metrics in that level. Counties may exceed their Dial level's [incidence metric before being moved]... CDPHE may move…" Enforcement: C.R.S. § 25-1-114 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. Ninth Amended Public Health Order 20-36 ('Dial 3.0') (Ex. CO-057) was in force from Mar. 24, 2021 to Apr. 4, 2021, 4 of the quarter's 91 days; Executive Order D 2021 069 (Ex. CO-066) was in force from Mar. 24, 2021 to Apr. 16, 2021, 16 of the quarter's 91 days; Tenth Amended Public Health Order 20-36 (Ex. CO-058) was in force from Apr. 4, 2021 to Apr. 16, 2021, 13 of the quarter's 91 days. Of the 26 instruments in the quarter's record, 11 were in force on its first day, 13 on its last day and 6 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 234 instruments in force for this selection: 20 instruments from the State of Colorado (Chief Judge, 7th Judicial District, Administrative Order 2021-05 (Apr. 5, 2021) (Ex. CO-086); CDPHE, Executive Director Jill Hunsaker Ryan, Fifth Amended Public Health Order 20-38 (July 30, 2021) (Ex. CO-053); CDPHE, Executive Director Jill Hunsaker Ryan, Sixth Amended Public Health Order 20-38 (Aug. 31, 2021) (Ex. CO-091); and 17 more), 5 instruments from the agencies, boards and authorities of Colorado (Colorado General Assembly; signed by Governor Polis, Senate Bill 20-205, the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq. (July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-004); Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis, House Bill 20-1414 (July 14, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-036); Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Wage Protection Rules, 7 CCR 1103-7 (adopted Nov. 10, 2020; effective Jan. 1, 2021), Rules 2.6-2.7 and 3 (HFWA paid sick leave and public health emergency leave) (Ex. AGY-ST-LABOR-WORKPLACE-046); and 2 more), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 42 standing duties (Colorado General Assembly (text as published by the Office of Legislative Legal Services, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-102 (Epidemic and communicable diseases - powers and duties of department - rules - definitions) (standing) (Ex. DUT-CO-001); Colorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-101(1)(a) (Powers and duties of department) (standing) (Ex. DUT-CO-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: HR (Ex. CO-053); EMP (Ex. CO-053); IC infection control (Ex. CO-002); predicate (Ex. CO-069); OF reporting (Ex. CO-053); VS visitation (Ex. CO-002); WF workforce availability (Ex. AGY-ST-LABOR-WORKPLACE-004); CB (Ex. AGY-ST-LABOR-WORKPLACE-004); CB residents and families (Ex. CO-002); CB tenants (Ex. CO-070).

Step three, the change compelled. Chief Judge, 7th Judicial District, Administrative Order 2021-05 (Apr. 5, 2021) (Ex. CO-086) ordered: "jury trials throughout the state of Colorado were suspended by the order of then Colorado Supreme Court Chief Justice Nathan B. Coats dated March 16, 2020, and as extended by the Chief Justice's orders of May 5, 2020 and June 15, 2020, which precluded any person being summoned to state courts to…" Enforcement: District administrative order CDPHE, Executive Director Jill Hunsaker Ryan, Fifth Amended Public Health Order 20-38 (July 30, 2021) (Ex. CO-053) ordered: "1. Face coverings are required for unvaccinated or not fully vaccinated patients, residents, and visitors, and medical grade face masks are required for unvaccinated or not fully vaccinated staff in the following settings that serve [vulnerable populations]: a. Homeless shelters; b. Prisons; [c.…" Enforcement: C.R.S. § 25-1-114; PHOs 20-20, 20-33 and 21-01 remain in effect CDPHE, Executive Director Jill Hunsaker Ryan, Sixth Amended Public Health Order 20-38 (Aug. 31, 2021) (Ex. CO-091) ordered: "A. FACE COVERINGS AND COVID-19 TESTING. 1. Face coverings are required for unvaccinated or not fully vaccinated patients, residents, and visitors, and medical grade face masks are required for unvaccinated or not fully vaccinated staff in the following settings... a. Homeless shelters; [b. Prisons…" Enforcement: C.R.S. § 25-1-114; PHOs 20-20, 20-33 and 21-01 remain in effect 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. Administrative Order 2021-05 (Ex. CO-086) was in force from Apr. 5, 2021 to Sept. 30, 2021, 92 of the quarter's 92 days; Fifth Amended Public Health Order 20-38 (Ex. CO-053) was in force from Aug. 1, 2021 to Sept. 1, 2021, 32 of the quarter's 92 days; Sixth Amended Public Health Order 20-38 (Ex. CO-091) was in force from Sept. 1, 2021 to Oct. 1, 2021, 30 of the quarter's 92 days. Of the 25 instruments in the quarter's record, 8 were in force on its first day, 13 on its last day and 4 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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: 423 records, of which The COVID Project holds the document for 409. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

ExhibitInstrumentIssuerDateCitationRecord URLExhibit file
Ex. AGY-ST-ALCOHOL-108LED Delivery Permit NotificationColorado Department of Revenue, Liquor Enforcement DivisionMar. 20, 2020Colorado Department of Revenue, Liquor Enforcement Division, LED Delivery Permit Notification (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-108)/library/AGY-ST-ALCOHOL-108/exhibit/AGY-ST-ALCOHOL-108
Ex. AGY-ST-ALCOHOL-109LED Bulletin 20-06 re Updated Guidance Regarding LED Response to "Safer at Home" OrdersColorado Department of Revenue, Liquor Enforcement DivisionMay 1, 2020Colorado Department of Revenue, Liquor Enforcement Division, LED Bulletin 20-06 re Updated Guidance Regarding LED Response to "Safer at Home" Orders (May 1, 2020) (Ex. AGY-ST-ALCOHOL-109)/library/AGY-ST-ALCOHOL-109
Ex. AGY-ST-ALCOHOL-110LED Bulletin 20-07 re Emergency Regulations 47-302(F) (COVID-19 Temporary Modification of On-Premises Licenses) and 47-1102 (Compliance with Public Health…Colorado Department of Revenue, Liquor Enforcement DivisionMay 27, 2020Colorado Department of Revenue, Liquor Enforcement Division, LED Bulletin 20-07 re Emergency Regulations 47-302(F) (COVID-19 Temporary Modification of On-Premises Licenses) and 47-1102 (Compliance with Public Health Orders and Executive Orders) (May 27, 2020) (Ex. AGY-ST-ALCOHOL-110)/library/AGY-ST-ALCOHOL-110/exhibit/AGY-ST-ALCOHOL-110
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-011Executive Order D 2020 016Governor Jared PolisMar. 25, 2020Governor Jared Polis, Executive Order D 2020 016 (Mar. 25, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-011)/library/AGY-ST-CORRECTIONS-EMA-GUARD-011/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-011
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-012Executive Order D 2020 043Governor Jared PolisApr. 23, 2020Governor Jared Polis, Executive Order D 2020 043 (Apr. 23, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-012)/library/AGY-ST-CORRECTIONS-EMA-GUARD-012/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-012
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-092CDOC news article, 'State Agencies with 24/7 Facilities to Require COVID-19 Vaccinations for Staff Members' (Aug. 17, 2021)Colorado Department of Corrections (announcing the Governor's Office requirement for State agencies with 24/7 facilities)Aug. 17, 2021Colorado Department of Corrections (announcing the Governor's Office requirement for State agencies with 24/7 facilities), CDOC news article, 'State Agencies with 24/7 Facilities to Require COVID-19 Vaccinations for Staff Members' (Aug. 17, 2021) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-092)/library/AGY-ST-CORRECTIONS-EMA-GUARD-092/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-092
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-093CDOC news article, 'Visitors to CDOC Vaccination Requirement' (Sept. 28, 2021)Colorado Department of CorrectionsSept. 28, 2021Colorado Department of Corrections, CDOC news article, 'Visitors to CDOC Vaccination Requirement' (Sept. 28, 2021) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-093)/library/AGY-ST-CORRECTIONS-EMA-GUARD-093/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-093
Ex. AGY-ST-INSURANCE-BANKING-064Temporary Licensing Order, Case Number 2020-CDS-007Tung Chan, Securities CommissionerMar. 20, 2020Tung Chan, Securities Commissioner, Temporary Licensing Order, Case Number 2020-CDS-007 (Mar. 20, 2020) (Ex. AGY-ST-INSURANCE-BANKING-064)/library/AGY-ST-INSURANCE-BANKING-064/exhibit/AGY-ST-INSURANCE-BANKING-064
Ex. AGY-ST-LABOR-WORKPLACE-004Senate Bill 20-205, the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq.Colorado General Assembly; signed by Governor PolisJuly 14, 2020Colorado General Assembly; signed by Governor Polis, Senate Bill 20-205, the Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq. (July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-004)/library/AGY-ST-LABOR-WORKPLACE-004/exhibit/AGY-ST-LABOR-WORKPLACE-004
Ex. AGY-ST-LABOR-WORKPLACE-044Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, 7 CCR 1103-10 (adopted Mar. 11, 2020; amended Mar. 26, Apr. 3, Apr. 27 and July 14, 2020)Colorado Department of Labor and Employment, Division of Labor Standards and StatisticsMar. 11, 2020Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Colorado Health Emergency Leave with Pay (Colorado HELP) Rules, 7 CCR 1103-10 (adopted Mar. 11, 2020; amended Mar. 26, Apr. 3, Apr. 27 and July 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-044)/library/AGY-ST-LABOR-WORKPLACE-044/exhibit/AGY-ST-LABOR-WORKPLACE-044
Ex. AGY-ST-LABOR-WORKPLACE-046Wage Protection Rules, 7 CCR 1103-7 (adopted Nov. 10, 2020; effective Jan. 1, 2021), Rules 2.6-2.7 and 3 (HFWA paid sick leave and public health emergency…Colorado Department of Labor and Employment, Division of Labor Standards and StatisticsNov. 10, 2020Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Wage Protection Rules, 7 CCR 1103-7 (adopted Nov. 10, 2020; effective Jan. 1, 2021), Rules 2.6-2.7 and 3 (HFWA paid sick leave and public health emergency leave) (Ex. AGY-ST-LABOR-WORKPLACE-046)/library/AGY-ST-LABOR-WORKPLACE-046/exhibit/AGY-ST-LABOR-WORKPLACE-046
Ex. AGY-ST-UTILITIES-HOUSING-AG-036House Bill 20-1414Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared PolisJuly 14, 2020Colorado General Assembly (Reps. Weissman and Titone; Sens. Foote and Pettersen); approved by Governor Jared Polis, House Bill 20-1414 (July 14, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-036)/library/AGY-ST-UTILITIES-HOUSING-AG-036/exhibit/AGY-ST-UTILITIES-HOUSING-AG-036
Ex. CO-001Executive Order D 2020 003Governor Jared PolisMar. 11, 2020Governor Jared Polis, Executive Order D 2020 003 (Mar. 11, 2020) (Ex. CO-001)/library/CO-001/exhibit/CO-001
Ex. CO-002Notice of Public Health Order 20-20Colorado Department of Public Health and Environment (CDPHE), Executive Director Jill Hunsaker RyanMar. 12, 2020Colorado Department of Public Health and Environment (CDPHE), Executive Director Jill Hunsaker Ryan, Notice of Public Health Order 20-20 (Mar. 12, 2020) (Ex. CO-002)/library/CO-002/exhibit/CO-002
Ex. CO-003Executive Order D 2020 004Governor Jared PolisMar. 14, 2020Governor Jared Polis, Executive Order D 2020 004 (Mar. 14, 2020) (Ex. CO-003)/library/CO-003/exhibit/CO-003
Ex. CO-004Updated Notice of Public Health Order 20-22 (originally issued Mar. 16, 2020; updated Mar. 19, 2020)CDPHE, Executive Director Jill Hunsaker RyanMar. 16, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Updated Notice of Public Health Order 20-22 (originally issued Mar. 16, 2020; updated Mar. 19, 2020) (Ex. CO-004)/library/CO-004/exhibit/CO-004
Ex. CO-005Amended Notice of Public Health Order 20-23 (issued Mar. 18, 2020; amended Mar. 20, 2020)CDPHE, Executive Director Jill Hunsaker RyanMar. 18, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Amended Notice of Public Health Order 20-23 (issued Mar. 18, 2020; amended Mar. 20, 2020) (Ex. CO-005)/library/CO-005/exhibit/CO-005
Ex. CO-006Executive Order D 2020 007Governor Jared PolisMar. 18, 2020Governor Jared Polis, Executive Order D 2020 007 (Mar. 18, 2020) (Ex. CO-006)/library/CO-006/exhibit/CO-006
Ex. CO-007Executive Order D 2020 009Governor Jared PolisMar. 19, 2020Governor Jared Polis, Executive Order D 2020 009 (Mar. 19, 2020) (Ex. CO-007)/library/CO-007/exhibit/CO-007
Ex. CO-008Executive Order D 2020 011Governor Jared PolisMar. 20, 2020Governor Jared Polis, Executive Order D 2020 011 (Mar. 20, 2020) (Ex. CO-008)/library/CO-008/exhibit/CO-008
Ex. CO-009Executive Order D 2020 012Governor Jared PolisMar. 20, 2020Governor Jared Polis, Executive Order D 2020 012 (Mar. 20, 2020) (Ex. CO-009)/library/CO-009/exhibit/CO-009
Ex. CO-010Executive Order D 2020 013 (existing library exhibit; cross-reference, not re-saved)Governor Jared PolisMar. 22, 2020Governor Jared Polis, Executive Order D 2020 013 (existing library exhibit; cross-reference, not re-saved) (Mar. 22, 2020) (Ex. CO-010)/library/CO-010/exhibit/CO-010
Ex. CO-011Public Health Order 20-24CDPHE, Executive Director Jill Hunsaker RyanMar. 22, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-24 (Mar. 22, 2020) (Ex. CO-011)/library/CO-011/exhibit/CO-011
Ex. CO-012Executive Order D 2020 017Governor Jared PolisMar. 25, 2020Governor Jared Polis, Executive Order D 2020 017 (Mar. 25, 2020) (Ex. CO-012)/library/CO-012/exhibit/CO-012
Ex. CO-014Executive Order D 2020 019 (Mar. 27, 2020)Governor Jared PolisMar. 27, 2020Governor Jared Polis, Executive Order D 2020 019 (Mar. 27, 2020) (Ex. CO-014)/library/CO-014/exhibit/CO-014
Ex. CO-015Executive Order D 2020 024Governor Jared PolisApr. 6, 2020Governor Jared Polis, Executive Order D 2020 024 (Apr. 6, 2020) (Ex. CO-015)/library/CO-015/exhibit/CO-015
Ex. CO-016Third Updated Public Health Order 20-24, § III Critical Businesses (existing library exhibit; cross-reference)Jill Hunsaker Ryan, Executive Director, CDPHEApr. 1, 2020Jill Hunsaker Ryan, Executive Director, CDPHE, Third Updated Public Health Order 20-24, § III Critical Businesses (existing library exhibit; cross-reference) (Apr. 1, 2020) (Ex. CO-016)/library/CO-016/exhibit/CO-016
Ex. CO-017Executive Order D 2020 039Governor Jared PolisApr. 17, 2020Governor Jared Polis, Executive Order D 2020 039 (Apr. 17, 2020) (Ex. CO-017)/library/CO-017/exhibit/CO-017
Ex. CO-018Executive Order D 2020 041Governor Jared PolisApr. 22, 2020Governor Jared Polis, Executive Order D 2020 041 (Apr. 22, 2020) (Ex. CO-018)/library/CO-018/exhibit/CO-018
Ex. CO-019Executive Order D 2020 044Governor Jared PolisApr. 26, 2020Governor Jared Polis, Executive Order D 2020 044 (Apr. 26, 2020) (Ex. CO-019)/library/CO-019/exhibit/CO-019
Ex. CO-021Executive Order D 2020 045Governor Jared PolisApr. 26, 2020Governor Jared Polis, Executive Order D 2020 045 (Apr. 26, 2020) (Ex. CO-021)/library/CO-021/exhibit/CO-021
Ex. CO-022Public Health Order 20-29CDPHE, Executive Director Jill Hunsaker RyanApr. 27, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-29 (Apr. 27, 2020) (Ex. CO-022)/library/CO-022/exhibit/CO-022
Ex. CO-023Amended Public Health Order 20-28CDPHE, Executive Director Jill Hunsaker RyanMay 4, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Amended Public Health Order 20-28 (May 4, 2020) (Ex. CO-023)/library/CO-023/exhibit/CO-023
Ex. CO-024Fourth Amended Public Health Order 20-28CDPHE, Executive Director Jill Hunsaker RyanMay 26, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Fourth Amended Public Health Order 20-28 (May 26, 2020) (Ex. CO-024)/library/CO-024/exhibit/CO-024
Ex. CO-025Seventh Amended Public Health Order 20-28CDPHE, Executive Director Jill Hunsaker RyanJune 18, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Seventh Amended Public Health Order 20-28 (June 18, 2020) (Ex. CO-025)/library/CO-025/exhibit/CO-025
Ex. CO-026Ninth Amended Public Health Order 20-28CDPHE, Executive Director Jill Hunsaker RyanJuly 30, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Ninth Amended Public Health Order 20-28 (July 30, 2020) (Ex. CO-026)/library/CO-026/exhibit/CO-026
Ex. CO-027Tenth Amended Public Health Order 20-28CDPHE, Executive Director Jill Hunsaker RyanAug. 21, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Tenth Amended Public Health Order 20-28 (Aug. 21, 2020) (Ex. CO-027)/library/CO-027/exhibit/CO-027
Ex. CO-028Executive Order D 2020 091Governor Jared PolisJune 1, 2020Governor Jared Polis, Executive Order D 2020 091 (June 1, 2020) (Ex. CO-028)/library/CO-028/exhibit/CO-028
Ex. CO-029Executive Order D 2020 101Governor Jared PolisJune 13, 2020Governor Jared Polis, Executive Order D 2020 101 (June 13, 2020) (Ex. CO-029)/library/CO-029/exhibit/CO-029
Ex. CO-030Executive Order D 2020 127Governor Jared PolisJuly 9, 2020Governor Jared Polis, Executive Order D 2020 127 (July 9, 2020) (Ex. CO-030)/library/CO-030/exhibit/CO-030
Ex. CO-031Executive Order D 2020 138, §§ II.G-K (existing library exhibit; cross-reference)Governor Jared PolisJuly 16, 2020Governor Jared Polis, Executive Order D 2020 138, §§ II.G-K (existing library exhibit; cross-reference) (July 16, 2020) (Ex. CO-031)/library/CO-031/exhibit/CO-031
Ex. CO-032Executive Order D 2020 142Governor Jared PolisJuly 21, 2020Governor Jared Polis, Executive Order D 2020 142 (July 21, 2020) (Ex. CO-032)/library/CO-032/exhibit/CO-032
Ex. CO-033Public Health Order 20-35CDPHE, Executive Director Jill Hunsaker RyanSept. 15, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-35 (Sept. 15, 2020) (Ex. CO-033)/library/CO-033/exhibit/CO-033
Ex. CO-034Executive Order D 2020 223Governor Jared PolisOct. 15, 2020Governor Jared Polis, Executive Order D 2020 223 (Oct. 15, 2020) (Ex. CO-034)/library/CO-034/exhibit/CO-034
Ex. CO-035Executive Order D 2020 235, §§ II.G-H (existing library exhibit; cross-reference)Governor Jared PolisOct. 30, 2020Governor Jared Polis, Executive Order D 2020 235, §§ II.G-H (existing library exhibit; cross-reference) (Oct. 30, 2020) (Ex. CO-035)/library/CO-035/exhibit/CO-035
Ex. CO-036Public Health Order 20-36 COVID-19 Dial, § II.B-C (existing library exhibit; cross-reference)Jill Hunsaker Ryan, Executive Director, CDPHENov. 2, 2020Jill Hunsaker Ryan, Executive Director, CDPHE, Public Health Order 20-36 COVID-19 Dial, § II.B-C (existing library exhibit; cross-reference) (Nov. 2, 2020) (Ex. CO-036)/library/CO-036/exhibit/CO-036
Ex. CO-037Second Amended Public Health Order 20-36CDPHE, Executive Director Jill Hunsaker RyanNov. 20, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Second Amended Public Health Order 20-36 (Nov. 20, 2020) (Ex. CO-037)/library/CO-037/exhibit/CO-037
Ex. CO-038Fourth Amended Public Health Order 20-36CDPHE, Executive Director Jill Hunsaker RyanJan. 4, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Fourth Amended Public Health Order 20-36 (Jan. 4, 2021) (Ex. CO-038)/library/CO-038/exhibit/CO-038
Ex. CO-039Sixth Amended Public Health Order 20-36 ('Dial 2.0')CDPHE, Executive Director Jill Hunsaker RyanFeb. 5, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Sixth Amended Public Health Order 20-36 ('Dial 2.0') (Feb. 5, 2021) (Ex. CO-039)/library/CO-039/exhibit/CO-039
Ex. CO-040Executive Order D 2021 103Governor Jared PolisMay 14, 2021Governor Jared Polis, Executive Order D 2021 103 (May 14, 2021) (Ex. CO-040)/library/CO-040/exhibit/CO-040
Ex. CO-041Fourth Amended Public Health Order 20-38 Limited COVID-19 Restrictions, § I.B (existing library exhibit; cross-reference)Jill Hunsaker Ryan, Executive Director, CDPHEJune 30, 2021Jill Hunsaker Ryan, Executive Director, CDPHE, Fourth Amended Public Health Order 20-38 Limited COVID-19 Restrictions, § I.B (existing library exhibit; cross-reference) (June 30, 2021) (Ex. CO-041)/library/CO-041/exhibit/CO-041
Ex. CO-042Seventh Amended Public Health Order 20-20CDPHE, Executive Director Jill Hunsaker RyanMay 31, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Seventh Amended Public Health Order 20-20 (May 31, 2021) (Ex. CO-042)/library/CO-042/exhibit/CO-042
Ex. CO-043Executive Order D 2021 122Governor Jared PolisJuly 8, 2021Governor Jared Polis, Executive Order D 2021 122 (July 8, 2021) (Ex. CO-043)/library/CO-043/exhibit/CO-043
Ex. CO-044Executive Order D 2021 124Governor Jared PolisJuly 30, 2021Governor Jared Polis, Executive Order D 2021 124 (July 30, 2021) (Ex. CO-044)/library/CO-044/exhibit/CO-044
Ex. CO-045Executive Order D 2021 125Governor Jared PolisAug. 6, 2021Governor Jared Polis, Executive Order D 2021 125 (Aug. 6, 2021) (Ex. CO-045)/library/CO-045/exhibit/CO-045
Ex. CO-046Executive Order D 2021 129Governor Jared PolisSept. 4, 2021Governor Jared Polis, Executive Order D 2021 129 (Sept. 4, 2021) (Ex. CO-046)/library/CO-046/exhibit/CO-046
Ex. CO-047Fourth Updated Public Health Order 20-24CDPHE, Executive Director Jill Hunsaker RyanApr. 9, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Fourth Updated Public Health Order 20-24 (Apr. 9, 2020) (Ex. CO-047)/library/CO-047/exhibit/CO-047
Ex. CO-049Public Health Order 20-31 (Amended)CDPHE, Executive Director Jill Hunsaker RyanJune 30, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-31 (Amended) (June 30, 2020) (Ex. CO-049)/library/CO-049/exhibit/CO-049
Ex. CO-050Public Health Order 20-32CDPHE, Executive Director Jill Hunsaker RyanJuly 10, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-32 (July 10, 2020) (Ex. CO-050)/library/CO-050/exhibit/CO-050
Ex. CO-051Public Health Order 20-38CDPHE, Executive Director Jill Hunsaker RyanApr. 15, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-38 (Apr. 15, 2021) (Ex. CO-051)/library/CO-051/exhibit/CO-051
Ex. CO-052Third Amended Public Health Order 20-38CDPHE, Executive Director Jill Hunsaker RyanMay 31, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Third Amended Public Health Order 20-38 (May 31, 2021) (Ex. CO-052)/library/CO-052/exhibit/CO-052
Ex. CO-053Fifth Amended Public Health Order 20-38CDPHE, Executive Director Jill Hunsaker RyanJuly 30, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Fifth Amended Public Health Order 20-38 (July 30, 2021) (Ex. CO-053)/library/CO-053/exhibit/CO-053
Ex. CO-054Seventh Amended Public Health Order 20-38CDPHE, Executive Director Jill Hunsaker RyanSept. 30, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Seventh Amended Public Health Order 20-38 (Sept. 30, 2021) (Ex. CO-054)/library/CO-054/exhibit/CO-054
Ex. CO-055Emergency rule, 6 CCR 1011-1, Chapter 2, Part 12Colorado State Board of Health (rule enforced by CDPHE Health Facilities and Emergency Medical Services Division)Aug. 30, 2021Colorado State Board of Health (rule enforced by CDPHE Health Facilities and Emergency Medical Services Division), Emergency rule, 6 CCR 1011-1, Chapter 2, Part 12 (Aug. 30, 2021) (Ex. CO-055)/library/CO-055/exhibit/CO-055
Ex. CO-056Order Regarding COVID-19 and Operation of Colorado State CourtsChief Justice Nathan B. Coats, Supreme Court of ColoradoMar. 16, 2020Chief Justice Nathan B. Coats, Supreme Court of Colorado, Order Regarding COVID-19 and Operation of Colorado State Courts (Mar. 16, 2020) (Ex. CO-056)/library/CO-056/exhibit/CO-056
Ex. CO-057Ninth Amended Public Health Order 20-36 ('Dial 3.0')CDPHE, Executive Director Jill Hunsaker RyanMar. 23, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Ninth Amended Public Health Order 20-36 ('Dial 3.0') (Mar. 23, 2021) (Ex. CO-057)/library/CO-057/exhibit/CO-057
Ex. CO-058Tenth Amended Public Health Order 20-36CDPHE, Executive Director Jill Hunsaker RyanApr. 4, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Tenth Amended Public Health Order 20-36 (Apr. 4, 2021) (Ex. CO-058)/library/CO-058/exhibit/CO-058
Ex. CO-059Third Amended Public Health Order 20-35CDPHE, Executive Director Jill Hunsaker RyanOct. 23, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Third Amended Public Health Order 20-35 (Oct. 23, 2020) (Ex. CO-059)/library/CO-059/exhibit/CO-059
Ex. CO-060Amended Public Health Order 20-38CDPHE, Executive Director Jill Hunsaker RyanMay 2, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Amended Public Health Order 20-38 (May 2, 2021) (Ex. CO-060)/library/CO-060/exhibit/CO-060
Ex. CO-061Second Amended Public Health Order 20-38CDPHE, Executive Director Jill Hunsaker RyanMay 14, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Second Amended Public Health Order 20-38 (May 14, 2021) (Ex. CO-061)/library/CO-061/exhibit/CO-061
Ex. CO-062Executive Order D 2020 025Governor Jared PolisApr. 6, 2020Governor Jared Polis, Executive Order D 2020 025 (Apr. 6, 2020) (Ex. CO-062)/library/CO-062/exhibit/CO-062
Ex. CO-063Executive Order D 2020 035Governor Jared PolisApr. 14, 2020Governor Jared Polis, Executive Order D 2020 035 (Apr. 14, 2020) (Ex. CO-063)/library/CO-063/exhibit/CO-063
Ex. CO-064Executive Order D 2020 079Governor Jared PolisMay 25, 2020Governor Jared Polis, Executive Order D 2020 079 (May 25, 2020) (Ex. CO-064)/library/CO-064/exhibit/CO-064
Ex. CO-065Executive Order D 2020 260Governor Jared PolisNov. 23, 2020Governor Jared Polis, Executive Order D 2020 260 (Nov. 23, 2020) (Ex. CO-065)/library/CO-065/exhibit/CO-065
Ex. CO-066Executive Order D 2021 069Governor Jared PolisMar. 24, 2021Governor Jared Polis, Executive Order D 2021 069 (Mar. 24, 2021) (Ex. CO-066)/library/CO-066/exhibit/CO-066
Ex. CO-067Executive Order D 2021 079Governor Jared PolisApr. 3, 2021Governor Jared Polis, Executive Order D 2021 079 (Apr. 3, 2021) (Ex. CO-067)/library/CO-067/exhibit/CO-067
Ex. CO-068Executive Order D 2021 095Governor Jared PolisMay 2, 2021Governor Jared Polis, Executive Order D 2021 095 (May 2, 2021) (Ex. CO-068)/library/CO-068/exhibit/CO-068
Ex. CO-069Executive Order D 2021 121Governor Jared PolisJune 30, 2021Governor Jared Polis, Executive Order D 2021 121 (June 30, 2021) (Ex. CO-069)/library/CO-069/exhibit/CO-069
Ex. CO-070Executive Order D 2021 088Governor Jared PolisApr. 20, 2021Governor Jared Polis, Executive Order D 2021 088 (Apr. 20, 2021) (Ex. CO-070)/library/CO-070/exhibit/CO-070
Ex. CO-071Executive Order D 2020 307Governor Jared PolisDec. 31, 2020Governor Jared Polis, Executive Order D 2020 307 (Dec. 31, 2020) (Ex. CO-071)/library/CO-071/exhibit/CO-071
Ex. CO-072Executive Order D 2020 199Governor Jared PolisSept. 19, 2020Governor Jared Polis, Executive Order D 2020 199 (Sept. 19, 2020) (Ex. CO-072)/library/CO-072/exhibit/CO-072
Ex. CO-076Public Health Agency Order No. 2021-06San Miguel County Department of Public Health and Environment, Director Grace FranklinSept. 2, 2021San Miguel County Department of Public Health and Environment, Director Grace Franklin, Public Health Agency Order No. 2021-06 (Sept. 2, 2021) (Ex. CO-076)/library/CO-076/exhibit/CO-076
Ex. CO-077Public Health Agency Order No. 2021-07San Miguel County Department of Public Health and Environment, Director Grace FranklinSept. 30, 2021San Miguel County Department of Public Health and Environment, Director Grace Franklin, Public Health Agency Order No. 2021-07 (Sept. 30, 2021) (Ex. CO-077)/library/CO-077/exhibit/CO-077
Ex. CO-078Executive Order D 2021 120Governor Jared PolisJune 30, 2021Governor Jared Polis, Executive Order D 2021 120 (June 30, 2021) (Ex. CO-078)/library/CO-078/exhibit/CO-078
Ex. CO-079Routt County Public Health Orders of Mar. 24, 2020 (Order One: lodging; Order Two: gatherings) as announced in the County's releaseRoutt County Board of County Commissioners acting as the Board of Health (Commissioners Corrigan, Melton and Monger)Mar. 24, 2020Routt County Board of County Commissioners acting as the Board of Health (Commissioners Corrigan, Melton and Monger), Routt County Public Health Orders of Mar. 24, 2020 (Order One: lodging; Order Two: gatherings) as announced in the County's release (Ex. CO-079)/library/CO-079/exhibit/CO-079
Ex. CO-081First Amended Public Health Order 20-36CDPHE, Executive Director Jill Hunsaker RyanNov. 17, 2020CDPHE, Executive Director Jill Hunsaker Ryan, First Amended Public Health Order 20-36 (Nov. 17, 2020) (Ex. CO-081)/library/CO-081/exhibit/CO-081
Ex. CO-082Executive Order D 2020 049Governor Jared PolisApr. 30, 2020Governor Jared Polis, Executive Order D 2020 049 (Apr. 30, 2020) (Ex. CO-082)/library/CO-082/exhibit/CO-082
Ex. CO-085Legislative Council Staff Memorandum, 'Court Operations During COVID-19'Legislative Council Staff, Colorado General Assembly (nonpartisan memorandum describing Judicial Branch orders)May 8, 2020Legislative Council Staff, Colorado General Assembly (nonpartisan memorandum describing Judicial Branch orders), Legislative Council Staff Memorandum, 'Court Operations During COVID-19' (May 8, 2020) (Ex. CO-085)/library/CO-085/exhibit/CO-085
Ex. CO-086Administrative Order 2021-05Chief Judge, 7th Judicial DistrictApr. 5, 2021Chief Judge, 7th Judicial District, Administrative Order 2021-05 (Apr. 5, 2021) (Ex. CO-086)/library/CO-086/exhibit/CO-086
Ex. CO-087Executive Order D 2020 015Governor Jared PolisMar. 25, 2020Governor Jared Polis, Executive Order D 2020 015 (Mar. 25, 2020) (Ex. CO-087)/library/CO-087/exhibit/CO-087
Ex. CO-088Executive Order D 2020 020Governor Jared PolisApr. 1, 2020Governor Jared Polis, Executive Order D 2020 020 (Apr. 1, 2020) (Ex. CO-088)/library/CO-088/exhibit/CO-088
Ex. CO-089Pitkin County Public Health Order (spring 2020; document captured Apr. 13, 2020)Pitkin County Public Health Director / Board of HealthPitkin County Public Health Director / Board of Health, Pitkin County Public Health Order (spring 2020; document captured Apr. 13, 2020) (Ex. CO-089)/library/CO-089/exhibit/CO-089
Ex. CO-090Amended Notice of Public Health Order (Standing Public Health Order Related to Events), Mar. 18, 2020, superseding the Mar. 13, 2020 orderPitkin County Public Health Director (Standing Public Health Order)Mar. 18, 2020Pitkin County Public Health Director (Standing Public Health Order), Amended Notice of Public Health Order (Standing Public Health Order Related to Events), Mar. 18, 2020, superseding the Mar. 13, 2020 order (Ex. CO-090)/library/CO-090/exhibit/CO-090
Ex. CO-091Sixth Amended Public Health Order 20-38CDPHE, Executive Director Jill Hunsaker RyanAug. 31, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Sixth Amended Public Health Order 20-38 (Aug. 31, 2021) (Ex. CO-091)/library/CO-091/exhibit/CO-091
Ex. CO-092Eighth Amended Public Health Order 20-20CDPHE, Executive Director Jill Hunsaker RyanSept. 27, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Eighth Amended Public Health Order 20-20 (Sept. 27, 2021) (Ex. CO-092)/library/CO-092/exhibit/CO-092
Ex. CO-093Amended Public Health Order 21-01CDPHE, Executive Director Jill Hunsaker RyanJuly 30, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Amended Public Health Order 21-01 (July 30, 2021) (Ex. CO-093)/library/CO-093/exhibit/CO-093
Ex. CO-094Thirteenth Amended Public Health Order 20-29CDPHE, Executive Director Jill Hunsaker RyanApr. 9, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Thirteenth Amended Public Health Order 20-29 (Apr. 9, 2021) (Ex. CO-094)/library/CO-094/exhibit/CO-094
Ex. CO-095State-employee COVID-19 vaccination-or-testing requirement (announced July-Aug. 2021) and the CDOC, CDHS and CDPHE vaccination requirements announced Aug. 17…State of Colorado as employer (Governor's Office; Department of Personnel and Administration; Departments of Corrections, Human Services and Public Health and Environment)Aug. 17, 2021State of Colorado as employer (Governor's Office; Department of Personnel and Administration; Departments of Corrections, Human Services and Public Health and Environment), State-employee COVID-19 vaccination-or-testing requirement (announced July-Aug. 2021) and the CDOC, CDHS and CDPHE vaccination requirements announced Aug. 17, 2021 (Ex. CO-095)/library/CO-095
Ex. CO-096Colorado Health Emergency Leave with Pay ('Colorado HELP') Rules, 7 CCR 1103-10 (emergency rules adopted Mar. 11, 2020; amended Mar. 16, Apr. 3, Apr. 27 and…Colorado Department of Labor and Employment, Division of Labor Standards and StatisticsMar. 11, 2020Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, Colorado Health Emergency Leave with Pay ('Colorado HELP') Rules, 7 CCR 1103-10 (emergency rules adopted Mar. 11, 2020; amended Mar. 16, Apr. 3, Apr. 27 and July 14, 2020) (Ex. CO-096)/library/CO-096
Ex. CO-099Updated Orders Regarding COVID-19 and Operation of Colorado State Courts of Apr. 16, May 5, June 15 and July 24, 2020Chief Justice Nathan B. Coats, Supreme Court of ColoradoApr. 16, 2020Chief Justice Nathan B. Coats, Supreme Court of Colorado, Updated Orders Regarding COVID-19 and Operation of Colorado State Courts of Apr. 16, May 5, June 15 and July 24, 2020 (Apr. 16, 2020) (Ex. CO-099)/library/CO-099
Ex. CO-100Division of Motor Vehicles office closures (from Mar. 18, 2020) and emergency rules extending expirationsColorado Department of Revenue, Division of Motor VehiclesMar. 18, 2020Colorado Department of Revenue, Division of Motor Vehicles, Division of Motor Vehicles office closures (from Mar. 18, 2020) and emergency rules extending expirations (Ex. CO-100)/library/CO-100
Ex. DUT-CO-001C.R.S. § 25-1.5-102 (Epidemic and communicable diseases - powers and duties of department - rules - definitions)Colorado General Assembly (text as published by the Office of Legislative Legal Services, Colorado Revised Statutes 2018)standingColorado General Assembly (text as published by the Office of Legislative Legal Services, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-102 (Epidemic and communicable diseases - powers and duties of department - rules - definitions) (standing) (Ex. DUT-CO-001)/library/DUT-CO-001/exhibit/DUT-CO-001
Ex. DUT-CO-002C.R.S. § 25-1.5-101(1)(a) (Powers and duties of department)Colorado General Assembly (OLLS, Colorado Revised Statutes 2018)standingColorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1.5-101(1)(a) (Powers and duties of department) (standing) (Ex. DUT-CO-002)/library/DUT-CO-002/exhibit/DUT-CO-002
Ex. DUT-CO-003C.R.S. § 25-1-114 (Unlawful acts - penalties)Colorado General Assembly (OLLS, Colorado Revised Statutes 2018)standingColorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1-114 (Unlawful acts - penalties) (standing) (Ex. DUT-CO-003)/library/DUT-CO-003/exhibit/DUT-CO-003
Ex. DUT-CO-004C.R.S. § 25-1-506(3)(b)(V)-(VIII) (County or district public health agency - powers)Colorado General Assembly (OLLS, Colorado Revised Statutes 2018)standingColorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1-506(3)(b)(V)-(VIII) (County or district public health agency - powers) (standing) (Ex. DUT-CO-004)/library/DUT-CO-004/exhibit/DUT-CO-004
Ex. DUT-CO-005C.R.S. § 25-1-516 (Unlawful acts - penalties) (local public health orders)Colorado General Assembly (OLLS, Colorado Revised Statutes 2018)standingColorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 25-1-516 (Unlawful acts - penalties) (local public health orders) (standing) (Ex. DUT-CO-005)/library/DUT-CO-005/exhibit/DUT-CO-005
Ex. DUT-CO-006C.R.S. § 24-33.5-704 (The governor and disaster emergencies - response - duties and limitations)Colorado General Assembly (OLLS, Colorado Revised Statutes 2018)standingColorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 24-33.5-704 (The governor and disaster emergencies - response - duties and limitations) (standing) (Ex. DUT-CO-006)/library/DUT-CO-006/exhibit/DUT-CO-006
Ex. DUT-CO-007House Bill 20-1415, Public Health Emergency Whistleblower Act ('PHEW'), C.R.S. § 8-14.4-101 et seq.Colorado General Assembly (Seventy-second General Assembly, Second Regular Session); signed by Governor Jared PolisstandingColorado General Assembly (Seventy-second General Assembly, Second Regular Session); signed by Governor Jared Polis, House Bill 20-1415, Public Health Emergency Whistleblower Act ('PHEW'), C.R.S. § 8-14.4-101 et seq. (standing) (Ex. DUT-CO-007)/library/DUT-CO-007/exhibit/DUT-CO-007
Ex. DUT-CO-008Senate Bill 20-205, Healthy Families and Workplaces Act ('HFWA'), C.R.S. § 8-13.3-401 et seq.Colorado General Assembly (Seventy-second General Assembly, Second Regular Session); signed by Governor Jared PolisstandingColorado General Assembly (Seventy-second General Assembly, Second Regular Session); signed by Governor Jared Polis, Senate Bill 20-205, Healthy Families and Workplaces Act ('HFWA'), C.R.S. § 8-13.3-401 et seq. (standing) (Ex. DUT-CO-008)/library/DUT-CO-008/exhibit/DUT-CO-008
Ex. DUT-CO-00929 U.S.C. § 654(a)(1) (general duty clause)Congress (Occupational Safety and Health Act of 1970, § 5(a)); text as published in the United States Code, 2020 edition (Office of the Law Revision Counsel via GovInfo)standingCongress (Occupational Safety and Health Act of 1970, § 5(a)); text as published in the United States Code, 2020 edition (Office of the Law Revision Counsel via GovInfo), 29 U.S.C. § 654(a)(1) (general duty clause) (standing) (Ex. DUT-CO-009)/library/DUT-CO-009/exhibit/DUT-CO-009
Ex. DUT-CO-010Frequently Asked Questions: Enforcement of Public Health Orders (revised Mar. 31, 2020)Colorado Attorney General Phil Weiser (Department of Law)standingColorado Attorney General Phil Weiser (Department of Law), Frequently Asked Questions: Enforcement of Public Health Orders (revised Mar. 31, 2020) (standing) (Ex. DUT-CO-010)/library/DUT-CO-010/exhibit/DUT-CO-010
Ex. DUT-CO-011Memorandum to Entities Regulated by the Consumer Credit Unit, RE: COVID-19 (Mar. 20, 2020)Colorado Attorney General, Department of Law, Consumer Protection Section, Consumer Credit Unit (Martha Fulford, Administrator of the Uniform Consumer Credit Code)standingColorado Attorney General, Department of Law, Consumer Protection Section, Consumer Credit Unit (Martha Fulford, Administrator of the Uniform Consumer Credit Code), Memorandum to Entities Regulated by the Consumer Credit Unit, RE: COVID-19 (Mar. 20, 2020) (Ex. DUT-CO-011)/library/DUT-CO-011/exhibit/DUT-CO-011
Ex. DUT-CO-012Order Denying Plaintiff's Request for Preliminary Injunction, Lawrence v. Colorado, No. 1:20-cv-00862-DDD-SKC, ECF No. 19Hon. Daniel D. Domenico, U.S. District JudgestandingHon. Daniel D. Domenico, U.S. District Judge, Order Denying Plaintiff's Request for Preliminary Injunction, Lawrence v. Colorado, No. 1:20-cv-00862-DDD-SKC, ECF No. 19 (Apr. 19, 2020) (Ex. DUT-CO-012)/library/DUT-CO-012/exhibit/DUT-CO-012
Ex. DUT-CO-013House Bill 21-1074, Immunity for Entities During COVID-19 (introduced; not enacted)Colorado House of Representatives (Seventy-third General Assembly, First Regular Session); sponsor Rep. BradfieldstandingColorado House of Representatives (Seventy-third General Assembly, First Regular Session); sponsor Rep. Bradfield, House Bill 21-1074, Immunity for Entities During COVID-19 (introduced; not enacted) (Feb. 16, 2021) (Ex. DUT-CO-013)/library/DUT-CO-013/exhibit/DUT-CO-013
Ex. DUT-CO-014C.R.S. § 13-21-115 (Actions against landowners)Colorado General Assembly (OLLS, Colorado Revised Statutes 2018)standingColorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. § 13-21-115 (Actions against landowners) (standing) (Ex. DUT-CO-014)/library/DUT-CO-014/exhibit/DUT-CO-014
Ex. DUT-CO-015C.R.S. §§ 25-4-1609 (Disciplinary actions - closure - revocation - suspension - review) and 25-4-1611 (Violation - penalties)Colorado General Assembly (OLLS, Colorado Revised Statutes 2018)standingColorado General Assembly (OLLS, Colorado Revised Statutes 2018), C.R.S. §§ 25-4-1609 (Disciplinary actions - closure - revocation - suspension - review) and 25-4-1611 (Violation - penalties) (standing) (Ex. DUT-CO-015)/library/DUT-CO-015/exhibit/DUT-CO-015
Ex. DUT-CO-016Press release, 'State law enforcement and public health officials urge Coloradans to follow state public health order during coronavirus emergency' (Mar. 20…Colorado Attorney General Phil Weiser, with CDPHE Executive Director Jill Hunsaker Ryan and the Colorado Department of Public SafetystandingColorado Attorney General Phil Weiser, with CDPHE Executive Director Jill Hunsaker Ryan and the Colorado Department of Public Safety, Press release, 'State law enforcement and public health officials urge Coloradans to follow state public health order during coronavirus emergency' (Mar. 20, 2020) (standing) (Ex. DUT-CO-016)/library/DUT-CO-016/exhibit/DUT-CO-016
Ex. DUT-CO-0176 CCR 1009-1, Epidemic and Communicable Disease Control (Regulations 1-11), version adopted Apr. 17, 2019, effective June 14, 2019Colorado State Board of Health (rules administered by CDPHE, Disease Control and Environmental Epidemiology Division)standingColorado State Board of Health (rules administered by CDPHE, Disease Control and Environmental Epidemiology Division), 6 CCR 1009-1, Epidemic and Communicable Disease Control (Regulations 1-11), version adopted Apr. 17, 2019, effective June 14, 2019 (standing) (Ex. DUT-CO-017)/library/DUT-CO-017/exhibit/DUT-CO-017
Ex. DUT-CO-018Senate Bill 20B-011, Immunity for Small Businesses During COVID-19 (introduced; not enacted)Colorado Senate (Seventy-second General Assembly, First Extraordinary Session); prime sponsors Sen. Tate, Reps. Landgraf and PeltonstandingColorado Senate (Seventy-second General Assembly, First Extraordinary Session); prime sponsors Sen. Tate, Reps. Landgraf and Pelton, Senate Bill 20B-011, Immunity for Small Businesses During COVID-19 (introduced; not enacted) (Nov. 30, 2020) (Ex. DUT-CO-018)/library/DUT-CO-018/exhibit/DUT-CO-018
Ex. DUT-CO-019Statement of Basis, Purpose, Specific Statutory Authority, and Findings, Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving Rules…Colorado Department of Labor and Employment, Division of Labor Standards and Statistics (Director)standingColorado Department of Labor and Employment, Division of Labor Standards and Statistics (Director), Statement of Basis, Purpose, Specific Statutory Authority, and Findings, Colorado Whistleblower, Anti-Retaliation, Non-Interference, and Notice-Giving Rules ('Colorado WARNING Rules'), 7 CCR 1103-11, as proposed Sept. 25, 2020 (Ex. DUT-CO-019)/library/DUT-CO-019/exhibit/DUT-CO-019
Ex. DUT-CO-020Senate Bill 21-080, Protections for Entities During COVID-19 (introduced; not enacted)Colorado Senate (Seventy-third General Assembly, First Regular Session); prime sponsors Sen. Woodward, Reps. Bird, Bradfield and LarsonstandingColorado Senate (Seventy-third General Assembly, First Regular Session); prime sponsors Sen. Woodward, Reps. Bird, Bradfield and Larson, Senate Bill 21-080, Protections for Entities During COVID-19 (introduced; not enacted) (Feb. 16, 2021) (Ex. DUT-CO-020)/library/DUT-CO-020/exhibit/DUT-CO-020
Ex. DUT-FED-00129 U.S.C. 654 (OSH Act § 5, the general duty clause)Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)standingCongress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)/library/DUT-FED-001/exhibit/DUT-FED-001
Ex. DUT-FED-00229 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)Congress (OSH Act § 11(c))standingCongress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)/library/DUT-FED-002/exhibit/DUT-FED-002
Ex. DUT-FED-00329 C.F.R. 1910.132 (personal protective equipment, general requirements)Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)standingOccupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)/library/DUT-FED-003/exhibit/DUT-FED-003
Ex. DUT-FED-00429 C.F.R. 1910.134 (respiratory protection)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)/library/DUT-FED-004/exhibit/DUT-FED-004
Ex. DUT-FED-00529 C.F.R. 1910.141 (sanitation)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)/library/DUT-FED-005/exhibit/DUT-FED-005
Ex. DUT-FED-00629 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)/library/DUT-FED-006/exhibit/DUT-FED-006
Ex. DUT-FED-00729 C.F.R. 1910.1030 (bloodborne pathogens)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)/library/DUT-FED-007/exhibit/DUT-FED-007
Ex. DUT-FED-00829 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))standingOccupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)/library/DUT-FED-008/exhibit/DUT-FED-008
Ex. DUT-FED-009OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')standingOccupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)/library/DUT-FED-009/exhibit/DUT-FED-009
Ex. DUT-FED-010Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))standingOccupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)/library/DUT-FED-010/exhibit/DUT-FED-010
Ex. DUT-FED-011Protecting Workers guidance, as updated August 13, 2021Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)/library/DUT-FED-011/exhibit/DUT-FED-011
Ex. DUT-FED-013Guidance on Returning to Work (OSHA 4045, June 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)/library/DUT-FED-013/exhibit/DUT-FED-013
Ex. DUT-FED-015Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)standingOSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)/library/DUT-FED-015/exhibit/DUT-FED-015
Ex. DUT-FED-016Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)OSHA, Denver Area Office (Inspection No. 1475131)standingOSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)/library/DUT-FED-016/exhibit/DUT-FED-016
Ex. DUT-FED-017Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)standingOSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)/library/DUT-FED-017/exhibit/DUT-FED-017
Ex. DUT-FED-018Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)OSHA, Hartford Area Office (Inspection No. 1505094)standingOSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)/library/DUT-FED-018/exhibit/DUT-FED-018
Ex. DUT-FED-019Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)OSHA, Hartford Area Office (Inspection No. 1472908)standingOSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)/library/DUT-FED-019/exhibit/DUT-FED-019
Ex. DUT-FED-020Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)/library/DUT-FED-020/exhibit/DUT-FED-020
Ex. DUT-FED-021Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)OSHA, Avenel Area Office (Inspection No. 1480762)standingOSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)/library/DUT-FED-021/exhibit/DUT-FED-021
Ex. DUT-FED-022Citation, United States Postal Service, Washington, DC (general duty clause)OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)standingOSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)/library/DUT-FED-022/exhibit/DUT-FED-022
Ex. DUT-FED-02342 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)standingCenters for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)/library/DUT-FED-023/exhibit/DUT-FED-023
Ex. DUT-FED-02442 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)Centers for Medicare & Medicaid Services (hospital condition of participation)standingCenters for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)/library/DUT-FED-024/exhibit/DUT-FED-024
Ex. DUT-FED-02542 U.S.C. 247d-6d (PREP Act targeted liability protections)Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)standingCongress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)/library/DUT-FED-025/exhibit/DUT-FED-025
Ex. DUT-FED-026Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)standingDepartment of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)/library/DUT-FED-026/exhibit/DUT-FED-026
Ex. DUT-FED-027Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190Secretary of Health and Human Services (Alex M. Azar II)standingSecretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)/library/DUT-FED-027/exhibit/DUT-FED-027
Ex. DUT-FED-029Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and CrewsFederal Aviation Administration, Flight Standards Service (with the CDC)standingFederal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)/library/DUT-FED-029/exhibit/DUT-FED-029
Ex. DUT-FED-030What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)/library/DUT-FED-030/exhibit/DUT-FED-030
Ex. DUT-FED-03142 U.S.C. 12113 (ADA defenses; direct threat)Congress (Americans with Disabilities Act § 103)standingCongress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)/library/DUT-FED-031/exhibit/DUT-FED-031
Ex. DUT-FED-03229 C.F.R. 1630.2(r) (definition of direct threat)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)/library/DUT-FED-032/exhibit/DUT-FED-032
Ex. DUT-FED-03329 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)/library/DUT-FED-033/exhibit/DUT-FED-033
Ex. DUT-FED-034Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)/library/DUT-FED-034/exhibit/DUT-FED-034
Ex. DUT-FED-035Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)/library/DUT-FED-035/exhibit/DUT-FED-035
Ex. DUT-FED-037Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)standingFederal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)/library/DUT-FED-037/exhibit/DUT-FED-037
Ex. DUT-FED-060Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)/library/DUT-FED-060/exhibit/DUT-FED-060
Ex. DUT-FED-061Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)/library/DUT-FED-061/exhibit/DUT-FED-061
Ex. DUT-FED-062Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)/library/DUT-FED-062/exhibit/DUT-FED-062
Ex. DUT-FED-063Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)/library/DUT-FED-063/exhibit/DUT-FED-063
Ex. DUT-FED-064Considerations for Restaurants and Bars (updated May 27, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)/library/DUT-FED-064/exhibit/DUT-FED-064
Ex. DUT-FED-065Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)Federal Motor Carrier Safety AdministrationstandingFederal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)/library/DUT-FED-065/exhibit/DUT-FED-065
Ex. DUT-FED-066News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news releasestandingOccupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)/library/DUT-FED-066/exhibit/DUT-FED-066
Ex. DUT-FED-067News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)Occupational Safety and Health Administration, national news releasestandingOccupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)/library/DUT-FED-067/exhibit/DUT-FED-067
Ex. DUT-FED-069News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)standingOccupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)/library/DUT-FED-069/exhibit/DUT-FED-069
Ex. DUT-FED-070What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)/library/DUT-FED-070/exhibit/DUT-FED-070
Ex. DUT-FED-071What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)/library/DUT-FED-071/exhibit/DUT-FED-071
Ex. DUT-FED-072Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)/library/DUT-FED-072/exhibit/DUT-FED-072
Ex. DUT-FED-073Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette RooneystandingOccupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)/library/DUT-FED-073/exhibit/DUT-FED-073
Ex. FED-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-002Notice of February 24, 2021President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)/library/FED-002/exhibit/FED-002
Ex. FED-006Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)Mar. 13, 2020President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)/library/FED-006/exhibit/FED-006
Ex. FED-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)/library/FED-007/exhibit/FED-007
Ex. FED-008Memorandum of February 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)Feb. 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)/library/FED-008/exhibit/FED-008
Ex. FED-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-010Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel CoronavirusAlex M. Azar II, Secretary of Health and Human ServicesJan. 31, 2020Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)/library/FED-010/exhibit/FED-010
Ex. FED-011Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)Alex M. Azar II, Secretary of HHSApr. 21, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)/library/FED-011/exhibit/FED-011
Ex. FED-012Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)Alex M. Azar II, Secretary of HHSJuly 23, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)/library/FED-012/exhibit/FED-012
Ex. FED-013Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)Alex M. Azar II, Secretary of HHSOct. 2, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)/library/FED-013/exhibit/FED-013
Ex. FED-014Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)Alex M. Azar II, Secretary of HHSJan. 7, 2021Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)/library/FED-014/exhibit/FED-014
Ex. FED-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)/library/FED-015/exhibit/FED-015
Ex. FED-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)/library/FED-016/exhibit/FED-016
Ex. FED-020CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)Jan. 29, 2021Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)/library/FED-020/exhibit/FED-020
Ex. FED-022CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)Sept. 1, 2020Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)/library/FED-022/exhibit/FED-022
Ex. FED-023CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)Centers for Disease Control and Prevention, HHSJan. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)/library/FED-023/exhibit/FED-023
Ex. FED-024CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)Centers for Disease Control and Prevention, HHSMar. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)/library/FED-024/exhibit/FED-024
Ex. FED-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)/library/FED-025/exhibit/FED-025
Ex. FED-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)/library/FED-026/exhibit/FED-026
Ex. FED-027CDC No Sail Order and Suspension of Further EmbarkationCenters for Disease Control and Prevention, HHS (CDC Director)Mar. 14, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)/library/FED-027/exhibit/FED-027
Ex. FED-028No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)Centers for Disease Control and Prevention, HHSApr. 9, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)/library/FED-028/exhibit/FED-028
Ex. FED-029No Sail Order; Second Modification and Extension (July 16, 2020)Centers for Disease Control and Prevention, HHSJuly 16, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)/library/FED-029/exhibit/FED-029
Ex. FED-030No Sail Order; Third Modification and Extension (Sept. 30, 2020)Centers for Disease Control and Prevention, HHSSept. 30, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)/library/FED-030/exhibit/FED-030
Ex. FED-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)/library/FED-031/exhibit/FED-031
Ex. FED-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)/library/FED-032/exhibit/FED-032
Ex. FED-034CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')Centers for Disease Control and Prevention, HHS (CDC Director)Mar. 20, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)/library/FED-034/exhibit/FED-034
Ex. FED-036Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)Centers for Disease Control and Prevention, HHSMay 19, 2020Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)/library/FED-036/exhibit/FED-036
Ex. FED-037CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)Centers for Disease Control and Prevention, HHSOct. 13, 2020Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)/library/FED-037/exhibit/FED-037
Ex. FED-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)/library/FED-038/exhibit/FED-038
Ex. FED-039Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…Centers for Disease Control and Prevention, HHSMar. 20, 2020Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)/library/FED-039/exhibit/FED-039
Ex. FED-040CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United KingdomCenters for Disease Control and Prevention, HHSDec. 25, 2020Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)/library/FED-040/exhibit/FED-040
Ex. FED-041CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…Centers for Disease Control and Prevention, HHSJan. 12, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)/library/FED-041/exhibit/FED-041
Ex. FED-042CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)Jan. 25, 2021Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)/library/FED-042/exhibit/FED-042
Ex. FED-048Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…Centers for Disease Control and Prevention, HHSSept. 11, 2020Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)/library/FED-048/exhibit/FED-048
Ex. FED-050TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)Jan. 31, 2021Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)/library/FED-050/exhibit/FED-050
Ex. FED-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)/library/FED-051/exhibit/FED-051
Ex. FED-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)/library/FED-052/exhibit/FED-052
Ex. FED-053TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)/library/FED-053/exhibit/FED-053
Ex. FED-055Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)/library/FED-055/exhibit/FED-055
Ex. FED-056Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight BoardApr. 20, 2021Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)/library/FED-056/exhibit/FED-056
Ex. FED-057Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)Acting Secretary of Homeland Security David P. PekoskeJan. 27, 2021Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)/library/FED-057/exhibit/FED-057
Ex. FED-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-061Executive Order 13998President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)/library/FED-061/exhibit/FED-061
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)/library/FED-063/exhibit/FED-063
Ex. FED-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-066Executive Order 13945President Donald J. TrumpAug. 8, 2020President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)/library/FED-066/exhibit/FED-066
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-071Executive Order 13910President Donald J. TrumpMar. 23, 2020President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)/library/FED-071/exhibit/FED-071
Ex. FED-073Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)President Donald J. TrumpApr. 28, 2020President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)/library/FED-073/exhibit/FED-073
Ex. FED-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)/library/FED-074/exhibit/FED-074
Ex. FED-075Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic UseFederal Emergency Management Agency, DHSApr. 7, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)/library/FED-075/exhibit/FED-075
Ex. FED-076Notification of Exemptions to the PPE allocation ruleFederal Emergency Management Agency, DHSApr. 17, 2020Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)/library/FED-076/exhibit/FED-076
Ex. FED-077Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)Federal Emergency Management Agency, DHSAug. 10, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)/library/FED-077/exhibit/FED-077
Ex. FED-078Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)Federal Emergency Management Agency, DHSDec. 31, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)/library/FED-078/exhibit/FED-078
Ex. FED-080Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)Occupational Safety and Health Administration, U.S. Department of LaborJune 21, 2021Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)/library/FED-080/exhibit/FED-080
Ex. FED-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)/library/FED-081/exhibit/FED-081
Ex. FED-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)/library/FED-082/exhibit/FED-082
Ex. FED-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)/library/FED-083/exhibit/FED-083
Ex. FED-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)/library/FED-084/exhibit/FED-084
Ex. FED-088Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)OSHA, U.S. Department of LaborMar. 9, 2020OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)/library/FED-088/exhibit/FED-088
Ex. FED-090CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…Centers for Medicare & Medicaid Services, HHSMar. 30, 2020Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)/library/FED-090/exhibit/FED-090
Ex. FED-091CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)Centers for Medicare & Medicaid Services, HHSMay 1, 2020Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)/library/FED-091/exhibit/FED-091
Ex. FED-092CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…Centers for Medicare & Medicaid Services, HHSSept. 2, 2020Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)/library/FED-092/exhibit/FED-092
Ex. FED-093CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)Nov. 2, 2020Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)/library/FED-093/exhibit/FED-093
Ex. FED-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)/library/FED-094/exhibit/FED-094
Ex. FED-096CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight GroupMar. 4, 2020CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)/library/FED-096/exhibit/FED-096
Ex. FED-097QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)CMS, Quality, Safety & Oversight GroupMar. 13, 2020CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)/library/FED-097/exhibit/FED-097
Ex. FED-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)/library/FED-098/exhibit/FED-098
Ex. FED-099CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 23, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)/library/FED-099/exhibit/FED-099
Ex. FED-100FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 29, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)/library/FED-100/exhibit/FED-100
Ex. FED-104FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)/library/FED-104/exhibit/FED-104
Ex. FED-109FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)/library/FED-109/exhibit/FED-109
Ex. FED-113FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 26, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)/library/FED-113/exhibit/FED-113
Ex. FED-115FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 23, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)/library/FED-115/exhibit/FED-115
Ex. FED-118FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 24, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)/library/FED-118/exhibit/FED-118
Ex. FED-130FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)/library/FED-130/exhibit/FED-130
Ex. FED-132FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 20, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)/library/FED-132/exhibit/FED-132
Ex. FED-133FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)/library/FED-133/exhibit/FED-133
Ex. FED-143FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)/library/FED-143/exhibit/FED-143
Ex. FED-147FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)/library/FED-147/exhibit/FED-147
Ex. FED-150FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Apr. 11, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)/library/FED-150/exhibit/FED-150
Ex. FED-154QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)CMS, Quality, Safety & Oversight GroupSept. 17, 2020CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)/library/FED-154/exhibit/FED-154
Ex. FED-155QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19CMS, Quality, Safety & Oversight GroupMar. 10, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)/library/FED-155/exhibit/FED-155
Ex. FED-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)/library/FED-156/exhibit/FED-156
Ex. FED-157QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)CMS, Quality, Safety & Oversight GroupMay 18, 2020CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)/library/FED-157/exhibit/FED-157
Ex. FED-158CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…Centers for Medicare & Medicaid Services, HHSApr. 7, 2020Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)/library/FED-158/exhibit/FED-158
Ex. FED-159CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)Centers for Medicare & Medicaid Services, HHSApr. 19, 2020Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)/library/FED-159/exhibit/FED-159
Ex. FED-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)/library/FED-160/exhibit/FED-160
Ex. FED-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)/library/FED-161/exhibit/FED-161
Ex. FED-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)/library/FED-163/exhibit/FED-163
Ex. FED-164CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 4, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)/library/FED-164/exhibit/FED-164
Ex. FED-165CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupJune 1, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)/library/FED-165/exhibit/FED-165
Ex. FED-166CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupAug. 17, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)/library/FED-166/exhibit/FED-166
Ex. FED-168CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…CMS, Quality, Safety & Oversight GroupAug. 26, 2020CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)/library/FED-168/exhibit/FED-168
Ex. FED-170Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…Congress (Pub. L. 116-127); approved by the PresidentMar. 18, 2020Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)/library/FED-170/exhibit/FED-170
Ex. FED-171Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826Wage and Hour Division, U.S. Department of LaborApr. 1, 2020Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)/library/FED-171/exhibit/FED-171
Ex. FED-172Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)Wage and Hour Division, U.S. Department of LaborSept. 11, 2020Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)/library/FED-172/exhibit/FED-172
Ex. FED-173Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…Congress (Pub. L. 116-260)Dec. 27, 2020Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)/library/FED-173/exhibit/FED-173
Ex. FED-174American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…Congress (Pub. L. 117-2); approved by the PresidentMar. 11, 2021Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)/library/FED-174/exhibit/FED-174
Ex. FED-180Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)Secretary of Health and Human ServicesMar. 10, 2020Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)/library/FED-180/exhibit/FED-180
Ex. FED-181Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…Secretary of Health and Human ServicesFeb. 4, 2020Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)/library/FED-181/exhibit/FED-181
Ex. FED-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)/library/FED-182/exhibit/FED-182
Ex. FED-183Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devicesSecretary of Health and Human ServicesMar. 24, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)/library/FED-183/exhibit/FED-183
Ex. FED-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)/library/FED-184/exhibit/FED-184
Ex. FED-185Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)Dec. 11, 2020Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)/library/FED-185/exhibit/FED-185
Ex. FED-186Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)Food and Drug Administration, HHSDec. 18, 2020Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)/library/FED-186/exhibit/FED-186
Ex. FED-187Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)Food and Drug Administration, HHSFeb. 27, 2021Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)/library/FED-187/exhibit/FED-187
Ex. FED-190The President's Coronavirus Guidelines for America: 15 Days to Slow the SpreadThe President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)/library/FED-190/exhibit/FED-190
Ex. FED-19130 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)The President and the White House Coronavirus Task ForceMar. 31, 2020The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)/library/FED-191/exhibit/FED-191
Ex. FED-192Guidelines for Opening Up America Again (Apr. 16, 2020)The President and the White House Coronavirus Task ForceApr. 16, 2020The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)/library/FED-192/exhibit/FED-192
Ex. FED-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)/library/FED-194/exhibit/FED-194
Ex. FED-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-202Proclamation 9993President Donald J. TrumpMar. 11, 2020President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)/library/FED-202/exhibit/FED-202
Ex. FED-203Proclamation 9996President Donald J. TrumpMar. 14, 2020President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)/library/FED-203/exhibit/FED-203
Ex. FED-204Proclamation 10041President Donald J. TrumpMay 24, 2020President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)/library/FED-204/exhibit/FED-204
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-210Proclamation 10014President Donald J. TrumpApr. 22, 2020President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)/library/FED-210/exhibit/FED-210
Ex. FED-211Proclamation 10052President Donald J. TrumpJune 22, 2020President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)/library/FED-211/exhibit/FED-211
Ex. FED-212Proclamation 10054President Donald J. TrumpJune 29, 2020President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)/library/FED-212/exhibit/FED-212
Ex. FED-213Proclamation 10131President Donald J. TrumpDec. 31, 2020President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)/library/FED-213/exhibit/FED-213
Ex. FED-214Proclamation 10149President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)/library/FED-214/exhibit/FED-214
Ex. FED-216Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border ProtectionMar. 24, 2020U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)/library/FED-216/exhibit/FED-216
Ex. FED-217Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)/library/FED-217/exhibit/FED-217
Ex. FED-219Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)/library/FED-219/exhibit/FED-219
Ex. FED-222Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)/library/FED-222/exhibit/FED-222
Ex. FED-225Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)/library/FED-225/exhibit/FED-225
Ex. FED-226Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)/library/FED-226/exhibit/FED-226
Ex. FED-229Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)/library/FED-229/exhibit/FED-229
Ex. FED-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)/library/FED-232/exhibit/FED-232
Ex. FED-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)/library/FED-235/exhibit/FED-235
Ex. FED-239Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…DHS (Acting Secretary Chad F. Wolf), with CBPMar. 24, 2020DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)/library/FED-239/exhibit/FED-239
Ex. FED-240Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)/library/FED-240/exhibit/FED-240
Ex. FED-242Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)/library/FED-242/exhibit/FED-242
Ex. FED-245Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)/library/FED-245/exhibit/FED-245
Ex. FED-248Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)/library/FED-248/exhibit/FED-248
Ex. FED-249Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)/library/FED-249/exhibit/FED-249
Ex. FED-252Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)/library/FED-252/exhibit/FED-252
Ex. FED-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)/library/FED-255/exhibit/FED-255
Ex. FED-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)/library/FED-258/exhibit/FED-258
Ex. FED-264OMB Memorandum M-20-16Office of Management and Budget (Acting Director Russell T. Vought)Mar. 17, 2020Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)/library/FED-264/exhibit/FED-264
Ex. FED-265OMB Memorandum M-20-17Office of Management and BudgetMar. 19, 2020Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)/library/FED-265/exhibit/FED-265
Ex. FED-266OMB Memorandum M-20-18Office of Management and Budget (Deputy Director for Management)Mar. 20, 2020Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)/library/FED-266/exhibit/FED-266
Ex. FED-267OMB Memorandum M-20-19Office of Management and BudgetMar. 22, 2020Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)/library/FED-267/exhibit/FED-267
Ex. FED-268OMB/OPM Memorandum M-20-23Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)Apr. 20, 2020Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)/library/FED-268/exhibit/FED-268
Ex. FED-270Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task ForceJan. 24, 2021Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)/library/FED-270/exhibit/FED-270
Ex. FED-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)/library/FED-271/exhibit/FED-271
Ex. FED-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)/library/FED-272/exhibit/FED-272
Ex. FED-274Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Safer Federal Workforce Task Force; approved by the Director of OMBSept. 24, 2021Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)/library/FED-274/exhibit/FED-274
Ex. FED-275Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)Office of Management and Budget (Acting Director Shalanda D. Young)Sept. 24, 2021Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)/library/FED-275/exhibit/FED-275
Ex. FED-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)/library/FED-278/exhibit/FED-278
Ex. FED-279Order of March 16, 2020 (COVID-19 building access)United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)Mar. 16, 2020United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)/library/FED-279/exhibit/FED-279
Ex. FED-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)/library/FED-280/exhibit/FED-280
Ex. FED-281Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019Deputy Secretary of Defense David L. NorquistMar. 13, 2020Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)/library/FED-281/exhibit/FED-281
Ex. FED-282Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel RestrictionsSecretary of Defense Mark T. EsperApr. 20, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)/library/FED-282/exhibit/FED-282
Ex. FED-283Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…Secretary of Defense Mark T. EsperMay 22, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)/library/FED-283/exhibit/FED-283
Ex. FED-284Order of the Chief Judge No. 20-042Chief Judge Virginia A. PhillipsMar. 19, 2020Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)/library/FED-284/exhibit/FED-284
Ex. FED-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)/library/FED-285/exhibit/FED-285
Ex. FED-286General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)/library/FED-286/exhibit/FED-286
Ex. FED-288General Order 2020-8Chief Judge Philip A. BrimmerMay 6, 2020Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)/library/FED-288/exhibit/FED-288
Ex. FED-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)/library/FED-290
Ex. FED-291Press release of March 16, 2020 (postponement of the March 2020 argument session)Supreme Court of the United States (Public Information Office)Mar. 16, 2020Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)/library/FED-291/exhibit/FED-291
Ex. FED-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)/library/FED-292/exhibit/FED-292
Ex. FED-293Press release of April 3, 2020 (postponement of the April 2020 argument session)Supreme Court of the United States (Public Information Office)Apr. 3, 2020Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)/library/FED-293/exhibit/FED-293
Ex. FED-294Press release of April 13, 2020 (telephone arguments in May 2020)Supreme Court of the United States (Public Information Office)Apr. 13, 2020Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)/library/FED-294/exhibit/FED-294
Ex. FED-295Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020Mar. 29, 2020Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)/library/FED-295/exhibit/FED-295
Ex. FED-296Tenth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerFeb. 12, 2021Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)/library/FED-296/exhibit/FED-296
Ex. FED-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)/library/FED-297/exhibit/FED-297
Ex. FED-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)/library/FED-298/exhibit/FED-298
Ex. FED-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)/library/FED-299/exhibit/FED-299
Ex. FED-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)/library/FED-300/exhibit/FED-300
Ex. FED-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-303Standing Order 20-17Chief Judge Freda L. WolfsonNov. 25, 2020Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)/library/FED-303/exhibit/FED-303
Ex. FED-304Third Extension of Standing Order 20-12Chief Judge Freda L. WolfsonDec. 17, 2020Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)/library/FED-304/exhibit/FED-304
Ex. FED-305Standing Order 21-02Chief Judge Freda L. WolfsonMar. 17, 2021Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)/library/FED-305/exhibit/FED-305
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-310Second Amended Standing Order 2020-02Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)/library/FED-310/exhibit/FED-310
Ex. FED-311Standing Order 2020-04Chief Judge James K. BredarMar. 16, 2020Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)/library/FED-311/exhibit/FED-311
Ex. FED-312Standing Order 2020-05Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)/library/FED-312/exhibit/FED-312
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-316Fourth Amendment to General Order 20-01Chief Judge Thomas W. Thrash, Jr.July 31, 2020Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)/library/FED-316/exhibit/FED-316
Ex. FED-317General Order 72Chief Judge Phyllis J. HamiltonMar. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)/library/FED-317/exhibit/FED-317
Ex. FED-318General Order 72-2Chief Judge Phyllis J. HamiltonApr. 30, 2020Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)/library/FED-318/exhibit/FED-318
Ex. FED-319Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…U.S. Department of State, Bureau of Consular AffairsMar. 26, 2020U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)/library/FED-319
Ex. FED-320Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)U.S. Department of Homeland Security, U.S. Citizenship and Immigration ServicesApr. 20, 2020U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)/library/FED-320/exhibit/FED-320
Ex. FED-321Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)U.S. Department of Homeland Security, USCISMay 14, 2020U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)/library/FED-321/exhibit/FED-321
Ex. FED-322Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…DHS, USCISAug. 20, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)/library/FED-322/exhibit/FED-322
Ex. FED-323Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…DHS, USCISDec. 18, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)/library/FED-323/exhibit/FED-323
Ex. FED-324USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020U.S. Citizenship and Immigration ServicesMar. 17, 2020U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)/library/FED-324/exhibit/FED-324
Ex. FED-325USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4U.S. Citizenship and Immigration ServicesMay 27, 2020U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)/library/FED-325/exhibit/FED-325
Ex. FED-327Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)U.S. Department of State, Bureau of Consular AffairsMar. 20, 2020U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)/library/FED-327/exhibit/FED-327
Ex. FED-328Phased Resumption of Routine Visa Services (announcement of July 14, 2020)U.S. Department of State, Bureau of Consular AffairsJuly 14, 2020U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)/library/FED-328/exhibit/FED-328
Ex. FED-331General Order 72-4Chief Judge Phyllis J. HamiltonJune 24, 2020Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)/library/FED-331/exhibit/FED-331
Ex. FED-332General Order 72-5Chief Judge Phyllis J. HamiltonJuly 23, 2020Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)/library/FED-332/exhibit/FED-332
Ex. FED-333General Order 72-6Chief Judge Phyllis J. HamiltonSept. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)/library/FED-333/exhibit/FED-333
Ex. FED-334General Order 73 (Amended May 21, 2020)Chief Judge Phyllis J. HamiltonMay 21, 2020Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)/library/FED-334/exhibit/FED-334
Ex. FED-336General Order 77Chief Judge Phyllis J. HamiltonJune 9, 2020Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)/library/FED-336/exhibit/FED-336
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-338General Order 20-0012 (original)Chief Judge Rebecca R. PallmeyerMar. 12, 2020Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)/library/FED-338/exhibit/FED-338
Ex. FED-339Eighth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerNov. 13, 2020Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)/library/FED-339/exhibit/FED-339
Ex. FED-340CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…Congress (Pub. L. 116-136, signed Mar. 27, 2020)Mar. 27, 2020Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)/library/FED-340/exhibit/FED-340
Ex. FED-342Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank SupervisorsApr. 7, 2020Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)/library/FED-342/exhibit/FED-342
Ex. FED-343Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…Bureau of Consumer Financial ProtectionJune 30, 2020Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)/library/FED-343/exhibit/FED-343
Ex. FED-344Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…Bureau of Consumer Financial ProtectionJune 25, 2021Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)/library/FED-344/exhibit/FED-344
Ex. FED-345Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)President Donald J. Trump (Memorandum for the Secretary of Education)Aug. 8, 2020President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)/library/FED-345/exhibit/FED-345
Ex. FED-346FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed MortgagesFederal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie MacMar. 18, 2020Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)/library/FED-346/exhibit/FED-346
Ex. FED-348FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)Federal Housing Finance AgencyJune 17, 2020Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)/library/FED-348/exhibit/FED-348
Ex. FED-349FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)Federal Housing Finance AgencyAug. 27, 2020Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)/library/FED-349/exhibit/FED-349
Ex. FED-350FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)Federal Housing Finance AgencyDec. 2, 2020Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)/library/FED-350/exhibit/FED-350
Ex. FED-353FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…Federal Housing Finance AgencyFeb. 25, 2021Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)/library/FED-353/exhibit/FED-353
Ex. FED-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)/library/FED-354/exhibit/FED-354
Ex. FED-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)/library/FED-355/exhibit/FED-355
Ex. FED-356Mortgagee Letter 2020-04U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)Mar. 18, 2020U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)/library/FED-356/exhibit/FED-356
Ex. FED-359Mortgagee Letter 2020-19HUD, Federal Housing AdministrationJune 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)/library/FED-359
Ex. FED-360Mortgagee Letter 2020-27HUD, Federal Housing AdministrationAug. 27, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)/library/FED-360/exhibit/FED-360
Ex. FED-361Mortgagee Letter 2020-43HUD, Federal Housing AdministrationDec. 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)/library/FED-361/exhibit/FED-361
Ex. FED-362Mortgagee Letter 2021-03HUD, Federal Housing AdministrationJan. 21, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)/library/FED-362/exhibit/FED-362
Ex. FED-363Mortgagee Letter 2021-05HUD, Federal Housing AdministrationFeb. 16, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)/library/FED-363/exhibit/FED-363
Ex. FED-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-367Circular 26-20-7Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty ServiceMar. 16, 2020Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)/library/FED-367/exhibit/FED-367
Ex. FED-368Circular 26-20-8VA, Loan Guaranty ServiceMar. 18, 2020VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)/library/FED-368/exhibit/FED-368
Ex. FED-369Circular 26-20-12VA, Loan Guaranty ServiceApr. 8, 2020VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)/library/FED-369/exhibit/FED-369
Ex. FED-371Circular 26-20-22VA, Loan Guaranty ServiceJune 17, 2020VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)/library/FED-371/exhibit/FED-371
Ex. FED-372Circular 26-20-23VA, Loan Guaranty ServiceJune 18, 2020VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)/library/FED-372/exhibit/FED-372
Ex. FED-373Circular 26-20-29VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)/library/FED-373/exhibit/FED-373
Ex. FED-374Circular 26-20-30VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)/library/FED-374/exhibit/FED-374
Ex. FED-375Circular 26-20-40VA, Loan Guaranty ServiceDec. 28, 2020VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)/library/FED-375/exhibit/FED-375
Ex. FED-376Circular 26-21-2VA, Loan Guaranty ServiceJan. 29, 2021VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)/library/FED-376/exhibit/FED-376
Ex. FED-377Circular 26-21-5VA, Loan Guaranty ServiceFeb. 16, 2021VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)/library/FED-377
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-381USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…U.S. Department of Agriculture, Rural DevelopmentMar. 19, 2020U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)/library/FED-381
Ex. FED-382USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…USDA Rural DevelopmentDec. 28, 2020USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)/library/FED-382
Ex. FED-384USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…USDA Rural Development (with the White House announcement of June 24, 2021)June 24, 2021USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)/library/FED-384
Ex. FED-385USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)July 30, 2021USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)/library/FED-385/exhibit/FED-385
Ex. FED-386Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…Secretary of the Interior David L. BernhardtMar. 22, 2020Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)/library/FED-386/exhibit/FED-386
Ex. FED-387NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…Secretary of the Interior David L. Bernhardt; National Park ServiceMar. 18, 2020Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)/library/FED-387/exhibit/FED-387
Ex. FED-389BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in OregonBureau of Land Management, Oregon/Washington State Office and District ManagersMar. 27, 2020Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)/library/FED-389/exhibit/FED-389
Ex. FED-390Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitorsBureau of ReclamationMar. 17, 2020Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)/library/FED-390/exhibit/FED-390
Ex. FED-391USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment OnlyU.S. Department of Agriculture, Farm Production and Conservation mission areaMar. 23, 2020U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)/library/FED-391
Ex. FED-393USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…U.S. Army Corps of Engineers Headquarters and district commandersMar. 17, 2020U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)/library/FED-393
Ex. FED-396The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…The President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)/library/FED-396/exhibit/FED-396
Ex. FED-398H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)May 15, 2020U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)/library/FED-398/exhibit/FED-398
Ex. LAW-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)/library/LAW-001/exhibit/LAW-001
Ex. LAW-002Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…United States CongressDec. 27, 2020United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)/library/LAW-002/exhibit/LAW-002
Ex. LAW-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)/library/LAW-003/exhibit/LAW-003
Ex. LAW-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)/library/LAW-004/exhibit/LAW-004
Ex. TX-004Executive Order GA-09Governor Greg AbbottMar. 22, 2020Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)/library/TX-004/exhibit/TX-004

8. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?state=CO&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.