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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

North Dakota

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 403 instruments cited; 394 exhibit files held. Not legal advice.

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

1. About this report

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

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

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

The report reproduces at covidproject.com/report?state=ND&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1. Every exhibit identifier in it resolves at covidproject.com/library/ followed by the identifier, and the exhibit file, where held, at covidproject.com/exhibit/ followed by the identifier.

Disclaimer

The COVID Project is a free public reference. This report is generated from public governmental instruments, published organizer notices, published legal authorities and public court filings that The COVID Project has retrieved and indexed; it reports what those documents say and when they were in force. It is not legal, tax or accounting advice, it does not create any professional relationship, it does not determine any person's eligibility for the Employee Retention Credit or the amount of any credit, and it is not a count of every order that existed. The COVID Project sells nothing and represents no one. Errors in any record can be reported through covidproject.com/contact with the exhibit identifier, and corrections are recorded with their dates.

2. Summary of findings

For each quarter selected, this section states what was in force for this selection on the quarter's first and last days, in the words of the Library's own quarter-by-quarter record for the State, the metropolitan area, the industry's regulators and the federal layer. Exhibit identifiers in parentheses name the instruments. The table that follows counts the instruments listed in section 5 by layer and quarter.

The federal layer of this report is the Library's two federal files: FED-A, the health, safety and transport layer, and FED-B, the commerce, travel, workplace and finance layer, including the orders of the federal courts those files hold. The ecosystem clusters and the federal agency clusters are listed in the Library's federal layer at covidproject.com/federal and are not part of this report's federal layer; a quarter page counts every federal-level instrument of the quarter across those clusters as well, so its figure is the larger of the two.

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

North Dakota, first day (Apr. 1, 2020): April 1, 2020: state of emergency (ND-001); every restaurant, bar, brewery and cafe closed to on-site patrons, every recreational facility, health club, athletic facility, theater and entertainment venue closed, every salon, barber, tattoo, tanning and massage business closed, State staff ordered to remote worksites and State facilities appointment-only under EO 2020-06.2 through April 20 (ND-017; extended through April 30 by ND-028); all K-12 schools closed to students until further notice with compelled distance learning from April 1 (ND-010, ND-015); fourteen-day quarantine of all returning international travelers and travelers from domestic hot spots (ND-014), broadened April 8 to every person entering the State (ND-021); Supreme Court jury trials suspended and evictions suspended (ND-085, ND-086); health facility licensing suspended and telehealth compelled (ND-004, ND-006).

North Dakota, last day (June 30, 2020): June 30, 2020: state of emergency; EO 2020-06.7 in force (industry standards 'strongly encouraged'; State facilities open since June 1 with wellness screening) (ND-045); schools closed to students for the year with summer programs only under DPI guidelines (ND-040, ND-044); travel quarantine in force for international travel (Order 2020-02.2, superseded July 28 by 02.3; ND-056); isolation and household-contact quarantine orders (ND-022, ND-026, ND-032); long-term care visitation restricted under the phased VP3 (ND-048); Smart Restart capacity recommendations at the green level (75 percent) (ND-047); AO 25 jury-trial suspension to July 1, 2020 (ND-085).

The federal health, safety and transport layer, first day (Apr. 1, 2020): Apr. 1, 2020: national emergency (FED-001), nationwide Stafford emergency (FED-006) and major disasters declared for 28 States and the District of Columbia on or before Apr. 1, 2020 (29 of 51 jurisdictions; No Sail Order (FED-027); Title 42 order (FED-034, FED-039); DPA EOs 13909-13911 and scarce-materials designation (FED-070 to FED-074); FFCRA leave mandate operational (FED-170, FED-171); CMS-1744-IFC (FED-090), QSO-20-13, -14, -18, -12, -20 (FED-096 to FED-099, FED-164); § 1135 blanket waivers (FED-160); HHS telehealth enforcement discretion (FED-194); 30 Days to Slow the Spread guidance (FED-191, context); CMS elective-procedure recommendations (FED-158, context).

The federal health, safety and transport layer, last day (June 30, 2020): June 30, 2020: all of the above plus FEMA PPE export rule (FED-075, from Apr. 7) with exemptions (FED-076); EO 13917 meat and poultry (FED-073); No Sail extension (FED-028); Title 42 amended and indefinite (FED-036); CMS-5531-IFC weekly nursing-home reporting (FED-091, FED-161); QSO-20-30-NH reopening recommendations (FED-157); QSO-20-31-All (FED-165); Opening Up America Again guidance (FED-192, context); PHE renewed Apr. 26 (FED-011).

The federal commerce, travel, workplace and finance layer, first day (Apr. 1, 2020): In force: Proclamations 9984, 9992, 9993, 9996 (Exs. FED-200 to FED-203); DHS land-border closures to non-essential travel, Canada and Mexico (Exs. FED-216, FED-239, through Apr. 20, then FED-217, FED-240); OMB M-20-16 maximum telework and curtailment of in-person federal functions (Ex. FED-264) and M-20-18 contractor telework (FED-266); DoD stop-movement (Exs. FED-281, then FED-282 from Apr. 20); DOS suspension of routine visa services (FED-327) and the H-2 interview-waiver regime (FED-319); USCIS offices closed (FED-324); Interior on telework (FED-386); national parks, BLM sites, Hoover Dam, USACE areas and the Smithsonian closed (FED-387 to FED-393); Supreme Court closed to the public with the March session postponed (FED-290 to FED-292); Judicial Conference CARES Act finding (FED-295); jury trials suspended in N.D. Cal. (FED-317), N.D. Ill. (FED-338), D. Md. (FED-312), N.D. Ga. (FED-316 recites GO 20-01 of Mar. 16), C.D. Cal. courthouses closed (FED-284), Ninth Circuit courthouses closed (FED-279), Fifth Circuit (FED-286); CARES Act §§ 4022-4024 statutory moratoria (FED-340); FHFA, HUD and VA 60-day moratoria from Mar. 18 (FED-346, FED-356, FED-368, FED-369); interagency loan-modification statement (FED-342); 15/30 Days to Slow the Spread guidance (FED-396).

The federal commerce, travel, workplace and finance layer, last day (June 30, 2020): In force: Proclamations 9984, 9992, 9993, 9996, 10041 (from May 26), 10014 (from Apr. 23) and 10052 (from June 24) (FED-200 to FED-204, FED-210, FED-211); DHS land-border notifications of June 24, 2020 through July 21 (FED-219, FED-242); OMB/OPM M-20-23 gating period with maximum telework (FED-268); DoD conditions-based travel restrictions (FED-283); DOS routine visa services still suspended (FED-327; resumption began July 15); USCIS reopened June 4 under mask and screening conditions (FED-325); premium processing resumed June 1 (FED-326); H-2A temporary rule (FED-320) and H-2B rule (FED-321); N.D. Cal. General Order 72-4 (no new civil jury trials through Sept. 30, 2020) and General Orders 73, 75, 77 (FED-331, FED-334 to FED-336); N.D. Ill. Fourth Amended GO 20-0012 (May 26, 2020) and the D. Colo., D.N.J., D. Md. and N.D. Ga. continuances (FED-288, FED-302, FED-316); C.D. Cal. face-covering order (FED-285); FHFA, HUD and VA moratoria extended to Aug. 31, 2020 on June 17-18 (FED-348, FED-359, FED-371, FED-372); CARES Act § 4024 eviction moratorium (to July 24) and § 4022 forbearance (FED-340); CFPB interim final rule effective July 1 (FED-343); H.Res. 965 proxy voting (FED-398).

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

North Dakota, first day (July 1, 2020): July 1, 2020: state of emergency; Smart Restart recommendations (green: 75 percent occupancy; large gatherings 75 percent up to 500) (ND-047); international-travel quarantine (Order 2020-02.2/02.3) (ND-056); isolation and household quarantine orders (ND-022, ND-026); VP3 long-term care restrictions (ND-048); driver-license and registration grace to Aug. 31 (ND-049); telehealth and licensing suspensions (ND-006, ND-018); jury trials resumed only from July 1 under AO 25 (ND-085).

North Dakota, last day (Sept. 30, 2020): September 30, 2020: state of emergency; EO 2020-38 Health and Safety Plan mandate governing every school (ND-051); travel quarantine revoked Sept. 21 (ND-056); close-contact quarantine order issued Sept. 23 and revoked Sept. 26 (ND-057, ND-058); household-contact quarantine and isolation orders in force (ND-026, ND-022); eight counties (Barnes, Benson, Burleigh, Grand Forks, McLean, Morton, Stark, Williams) at yellow with 50 percent and a 250-person recommendation since Sept. 4 (ND-053); VP3 restrictions (ND-048); phased driver-license renewal schedule (ND-052).

The federal health, safety and transport layer, first day (July 1, 2020): July 1, 2020: national emergency, Stafford declarations, PHE (FED-011); No Sail (FED-028, then FED-029 from July 16); Title 42 (FED-036); FEMA PPE export rule (FED-075/076); DPA orders; FFCRA mandate and 29 C.F.R. part 826 (FED-170/171); CMS rules FED-090, FED-091 and QSOs; § 1135 waivers; EO 13945 from Aug. 8 (FED-066).

The federal health, safety and transport layer, last day (Sept. 30, 2020): Sept. 30, 2020: PHE renewed July 25 (FED-012); No Sail third extension (FED-030); Title 42 (FED-036); FEMA PPE rule as extended Aug. 10 (FED-077); CDC eviction moratorium from Sept. 4 (FED-022); CMS-3401-IFC nursing-home testing from Sept. 2 (FED-092) with QSO-20-38-NH (FED-168); QSO-20-39-NH visitation from Sept. 17 (FED-154); revised FFCRA rule from Sept. 16 (FED-172); QSO-20-35-ALL (FED-166).

The federal commerce, travel, workplace and finance layer, first day (July 1, 2020): In force: all seven entry proclamations (FED-200 to FED-204, FED-210 to FED-212); DHS land-border notifications of June 24 (to July 21) then July 22, Aug. 21 and Sept. 23, 2020 (FED-219 to FED-222, FED-242 to FED-245); M-20-23 maximum telework at agency discretion (FED-268); DoD conditions-based travel restrictions and the June 29, 2020 update (FED-283); N.D. Cal. GO 72-4 (civil jury trials through Sept. 30, 2020; limited criminal trials from July 1) (FED-331); N.D. Ill. Fifth Amended GO 20-0012 (July 10) (FED-338 series); N.D. Ga. GO 20-01 Fourth Amendment (no jury trials through July 31) (FED-316); D. Colo. GO 2020-8 (trials continued through July 6) (FED-288); D.N.J. and D. Md. continuances; C.D. Cal. masks (FED-285); FHFA/HUD/VA moratoria to Aug. 31 (FED-348, FED-359, FED-371, FED-372); CARES § 4024 to July 24 (FED-340); DOS phased resumption from July 15 (FED-328); USDA Service Centers by phone appointment (FED-391); USACE areas reopening location by location (FED-393).

The federal commerce, travel, workplace and finance layer, last day (Sept. 30, 2020): In force: the entry proclamations; DHS notification of Sept. 23, 2020 (to Oct. 21) (FED-222, FED-245); M-20-23 (FED-268); DoD conditions-based restrictions (FED-283); N.D. Cal. GO 72-6 (Sept. 16: courthouses closed to public events; remote appearances) (FED-333); N.D. Ill. Sixth Amended GO 20-0012 (Sept. 4); FHFA moratoria to Dec. 31 (Aug. 27) (FED-349), HUD ML 2020-27 (Aug. 27) (FED-360), VA Circulars 26-20-29 and 26-20-30 (Aug. 24) (FED-373, FED-374); EO 13945 (FED-A) and the student-loan payment relief memorandum (Aug. 8) (FED-345); H-2A partial extension (Aug. 20) (FED-322); the CDC eviction order (FED-A) from Sept. 4.

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

North Dakota, first day (Oct. 1, 2020): October 1, 2020: as at Sept. 30, plus the Governor's Oct. 1 quarantine-guidance exception for masked close contacts; Fargo's mayoral mask mandate followed on Oct. 19 (ND-088) and the State's Oct. 16 guideline cut to 25 percent occupancy and a 50-person cap in sixteen high-risk counties (ND-059).

North Dakota, last day (Dec. 31, 2020): December 31, 2020: state of emergency; State Health Officer Order 2020-08.1 requiring face coverings in every indoor business and public setting, businesses responsible for compliance (ND-066); EO 2020-43.2 as amended by 43.3: event venues 25 percent of occupancy under the tiered caps, bars and restaurants 50 percent of licensed seating and 150 patrons, seated service only, dance areas closed, masks for owners, staff and patrons, normal hours restored Dec. 22 (ND-067, ND-070); isolation order 2020-05.2 (ten days) and household quarantine (ND-060, ND-026); VP3 long-term care restrictions (ND-048); EO 2020-45 dealer relief (ND-069); Fargo mask mandate (ND-088); Grand Forks County health officer mask order (ND-064); district court jury-trial suspensions in three judicial districts from Nov. 20-25 and AO 33 face coverings (ND-087).

The federal health, safety and transport layer, first day (Oct. 1, 2020): Oct. 1, 2020: national emergency, Stafford declarations, PHE (FED-012; renewed Oct. 23, FED-013); No Sail (FED-030) to Oct. 31 then Conditional Sailing Order from Oct. 30 (FED-031); Title 42 order of Oct. 13 (FED-037) under the final rule (FED-048); FEMA PPE rule (FED-077); CDC eviction moratorium (FED-022); FFCRA mandate (to Dec. 31); CMS-3401-IFC testing; CMS-9912-IFC from Nov. 2 (FED-093); DPA orders.

The federal health, safety and transport layer, last day (Dec. 31, 2020): Dec. 31, 2020: all of the above; FEMA PPE rule re-extended Dec. 31 to June 30, 2021 (FED-078); CDC eviction moratorium extended by Pub. L. 116-260 § 502 to Jan. 31, 2021 (FED-173); UK pre-departure testing order from Dec. 28 (FED-040); FFCRA leave mandate expires this day (FED-170); Pfizer and Moderna EUAs Dec. 11 and 18 (FED-185, FED-186, context).

The federal commerce, travel, workplace and finance layer, first day (Oct. 1, 2020): In force: the entry proclamations; DHS notification of Sept. 23 (to Oct. 21), then Oct. 22, Nov. 23 and Dec. 22, 2020 (FED-222 to FED-225, FED-245 to FED-248); M-20-23 (FED-268); DoD Oct. 5, 2020 conditions-based update (FED-283); N.D. Cal. GO 72-6 and GO 73 (FED-333, FED-334); N.D. Ill. Sixth Amended GO 20-0012; D.N.J. Standing Orders 20-12 (extended Sept. 2020), 20-13, 20-14, 20-16 (FED-302); C.D. Cal. masks (FED-285); FHFA/HUD/VA moratoria to Dec. 31, 2020 (FED-349, FED-360, FED-373, FED-374); CARES § 4022 forbearance (FED-340).

The federal commerce, travel, workplace and finance layer, last day (Dec. 31, 2020): In force: the entry proclamations, with Proclamation 10131 (Dec. 31) extending 10014 and 10052 to Mar. 31, 2021 (FED-213); DHS notification of Dec. 22, 2020 (to Jan. 21, 2021) (FED-225, FED-248); M-20-23 (FED-268); DoD conditions-based restrictions (FED-283); N.D. Ill. Eighth Amended GO 20-0012 (Nov. 13: all jury trials suspended until further order) (FED-339); D.N.J. Standing Order 20-17 (Nov. 25: all in-person proceedings suspended through Jan. 31, 2021) and the Third Extension of SO 20-12 (Dec. 17) (FED-303, FED-304); N.D. Cal. GO 72-6 (FED-333); FHFA moratoria to Jan. 31, 2021 (Dec. 2) (FED-350); HUD ML 2020-43 to Feb. 28, 2021 (Dec. 17) (FED-361); VA Circular 26-20-40 to Feb. 28, 2021 (Dec. 28) (FED-375); USDA extension (FED-382); H-2A extension (Dec. 18) (FED-323).

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

North Dakota, first day (Jan. 1, 2021): January 1, 2021: identical to December 31, 2020 (masks statewide; 50 percent/150 and 25 percent capacity limits to Jan. 8; then 65 percent/200 and 50 percent under EO 2020-43.4 from Jan. 8) (ND-066, ND-067, ND-072).

North Dakota, last day (Mar. 31, 2021): March 31, 2021: state of emergency (ND-001) with residual orders: EO 2020-05.1 licensing and telehealth (ND-006), 2020-09 (ND-009), 2020-14/14.1 (ND-012, ND-024), 2020-16 remote meetings (ND-016), 2020-20/20.1 (ND-018), 2020-21.1/21.2 isolation and quarantine as directed by the State Health Officer (ND-025, ND-032), 2020-29 Medicaid (ND-030), 2020-38 school plans (ND-051), 2020-40 (ND-054), 2020-42 (ND-055), 2020-43.5 (ND-074); State Health Officer isolation order 2020-05.2 and household-quarantine order 2020-06 'effective until revocation' (ND-060, ND-026); mask order expired Jan. 18 and capacity limits rescinded Jan. 18 (ND-073, ND-074); long-term care visitation orders rescinded Mar. 12 (ND-048); court AO 33 face coverings (ND-087).

The federal health, safety and transport layer, first day (Jan. 1, 2021): Jan. 1, 2021: national emergency, Stafford declarations, PHE (FED-013; renewed Jan. 21, FED-014); Conditional Sailing Order (FED-031); Title 42 (FED-037); FEMA PPE rule (FED-078); CDC eviction moratorium (statutory extension, then FED-023 from Jan. 31); UK testing order (FED-040); CMS rules and testing; DPA orders. FFCRA mandate no longer in force (voluntary credits only, FED-173).

The federal health, safety and transport layer, last day (Mar. 31, 2021): Mar. 31, 2021: all of the above plus EO 13991 (Jan. 20, FED-060), EO 13998 and 13999 (Jan. 21, FED-061, FED-062); global inbound testing order from Jan. 26 (FED-041/042); DHS transportation emergency determination Jan. 27 (FED-057); CDC conveyance mask order from Feb. 1 (FED-020) and TSA SDs from Feb. 1 (FED-050, FED-053 to FED-055); national emergency continued Feb. 24 (FED-002); Janssen EUA Feb. 27 (FED-187, context); OSHA NEP from Mar. 12 (FED-082); QSO-20-39-NH rev. Mar. 10 (FED-155); ARPA enacted Mar. 11 (FED-174); CDC eviction moratorium extended Mar. 29 to June 30 (FED-024).

The federal commerce, travel, workplace and finance layer, first day (Jan. 1, 2021): In force: Proclamations 9984, 9992, 9993, 9996, 10041, 10014, 10052 (as extended by 10131) (FED-200 to FED-204, FED-210 to FED-213); DHS notification of Dec. 22, 2020 (FED-225, FED-248), corrected Jan. 19 and renewed Jan. 19 (to Feb. 21), Feb. 23 (to Mar. 21) and Mar. 19, 2021 (to Apr. 21) (FED-226 to FED-229, FED-249 to FED-252); M-20-23 (FED-268) until EO 13991 (Jan. 20) and M-21-15 (Jan. 24: 25 percent occupancy cap, masks, visitor minimization, mission-critical travel only) (FED-270); DoD conditions-based restrictions (FED-283); N.D. Ill. Eighth then Ninth (Jan. 12) and Tenth Amended GO 20-0012 (Feb. 12: jury trials suspended until Apr. 5, 2021) (FED-339, FED-296); D.N.J. SO 21-02 (January: in-person proceedings suspended to Mar. 17, jury trials to Mar. 12) and SO 21-04 (Mar. 11: jury trials continued to June 1, 2021) (FED-305, FED-306); N.D. Cal. GO 72-6 (FED-333); C.D. Cal. masks (FED-285); FHFA moratoria to Jan. 31 then Feb. 28 (Jan. 19), Mar. 31 (Feb. 9) and June 30, 2021 (Feb. 25) (FED-350 to FED-353); HUD ML 2021-03 (Jan. 21: to Mar. 31) and 2021-05 (Feb. 16: to June 30) (FED-362, FED-363); VA Circulars 26-21-2 (Jan. 29: to Mar. 31) and 26-21-5 (Feb. 16: to June 30) (FED-376, FED-377); USDA extensions (FED-382).

The federal commerce, travel, workplace and finance layer, last day (Mar. 31, 2021): In force: Proclamations 9984, 9992 and 10143 (from Jan. 26, with South Africa from Jan. 30) (FED-207); Proclamation 10052 expired at the end of this day (FED-211); Proclamation 10014 revoked Feb. 24 (FED-214); DHS notification of Mar. 19, 2021 (to Apr. 21) (FED-229, FED-252); EO 13991 and M-21-15 (FED-270); DoD Mar. 15, 2021 memorandum (until further notice) (FED-280); N.D. Ill. Tenth Amended GO 20-0012 (jury trials suspended until Apr. 5) (FED-296); D.N.J. SO 21-04 (jury trials continued to June 1) (FED-306); N.D. Cal. GO 72-6 and 73 (FED-333, FED-334); C.D. Cal. masks (FED-285); FHFA, HUD and VA moratoria to June 30, 2021 (FED-353, FED-363, FED-377); H-2A flexibilities (FED-323).

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

North Dakota, first day (Apr. 1, 2021): April 1, 2021: as at March 31, 2021 (state of emergency and residual orders; no statewide business or mask restrictions) (ND-001, ND-077).

North Dakota, last day (June 30, 2021): June 30, 2021: no state of emergency (rescinded Apr. 30, EO 2021-09, ND-081); no State executive or health-officer order; HB 1118 in force (ND-078); HB 1175 in force (ND-079); HB 1465 in force since May 10 barring vaccination-documentation requirements by State entities and private businesses (ND-082); HB 1323 enacted and awaiting its Aug. 1 effective date (ND-080); the federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS from June 21, 2021, CMS conditions) governed transit, health care and federal facilities in the State.

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

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

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

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

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

North Dakota, first day (July 1, 2021): July 1, 2021: no State order; HB 1465 (ND-082) and HB 1118 (ND-078) in force; federal instruments in force; local school boards and the University System setting fall 2021 rules.

North Dakota, last day (Sept. 30, 2021): September 30, 2021: no State order; HB 1323 in force since Aug. 1 (ND-080); HB 1465 (ND-082); NDSU classroom face-covering requirement for the fall semester (ND-083); State and hospital leaders' Sept. 30 statement that hospital capacity was 'reaching critical levels' (ND-084); federal instruments (CDC conveyance mask order and TSA SD 1582/84-21-01 series; OSHA Healthcare ETS, 29 C.F.R. § 1910.502; CMS QSO memoranda and 42 C.F.R. § 483.80(h); FMCSA and DHS land-border notices on the Canadian border) in force in the State.

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 North Dakota4639443622579
Standing duties38434541454059
All layers263245249252232212468

3. The statute and the test

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

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

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

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

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

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

The partial-suspension test and how this report applies it

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

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

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

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

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

How this report was assembled

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

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

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

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

4. The orders, quarter by quarter

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

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

Federal layer

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

Guidelines for Opening Up America Again

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

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

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

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

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

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

QSO-20-14-NH (REVISED)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: None (guidance)

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

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

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

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

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

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

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

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

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

Supreme Court Building closed to the public until further notice

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

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

Enforcement: Supreme Court Police

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

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

In re: Coronavirus COVID-19 Public Emergency

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

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

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

Enforcement: court order

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Supreme Court postpones oral arguments scheduled for the March session

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

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

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

Enforcement: order of the Court

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

Ex. FED-317
General Order 72

In re: Coronavirus Disease Public Health Emergency

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

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

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

Enforcement: court order

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

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

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

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

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

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

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

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

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

Hoover Dam temporarily closed to all visitors

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

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

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

Enforcement: Reclamation facility order

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

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

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

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

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

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

Enforcement: agency closure

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

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

National Park Service to Temporarily Suspend Park Entrance Fees

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

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

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

Enforcement: Secretarial direction

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

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

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

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

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

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

Enforcement: court order; U.S. Marshals

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

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

In re: Restrictions on Visitors to Courthouses

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

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

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

Enforcement: court order; court security officers

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

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

USDA Service Centers Open for Business by Phone Appointment Only

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

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

Enforcement: USDA operating directive

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

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

BLM Temporarily Closes Developed Recreation Facilities in Oregon

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

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

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

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

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

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

Supreme Court postpones the April session oral arguments

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

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

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

Enforcement: order of the Court

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

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

Non-Emergent, Elective Medical Services, and Treatment Recommendations

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

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

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

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

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

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

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

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

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

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

Enforcement: order of the Court

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

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

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

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

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

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

Enforcement: same as FED-027

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

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

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

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

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

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

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

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

Ex. FED-318
General Order 72-2

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

Enforcement: House rule

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

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

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

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

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

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

Enforcement: court order; court security

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

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

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

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

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

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

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

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

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

Determination that a Public Health Emergency Exists

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

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

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

Enforcement: Predicate; the enabled instruments carry their own enforcement

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

Ex. FED-200
Proclamation 9984

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: Framework for FDA emergency use authorizations

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

Ex. FED-001
Proclamation 9994

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

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

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

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

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

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

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

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

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

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

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

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

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

Ex. FED-201
Proclamation 9992

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

QSO-20-13-Hospitals

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

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

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

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

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

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

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

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

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

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

Enforcement: Governs federal survey operations

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

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

Guidance on Preparing Workplaces for COVID-19

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

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

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

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

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

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

QSO-20-18-HHA

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

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

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

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

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

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

State of North Dakota

Ex. ND-039
Executive Order 2020-06.5

Re-issue of the reopening conditions; high school graduation ceremonies permitted under DPI Smart Restart graduation guidelines; arenas and venues remain closed; State telework continues

Governor Doug Burgum, North Dakota (State)

Dates
In force from May 6, 2020 to May 15, 2020
Quarters
2020 Q2
Limitations
Business closureTelework mandateCapacity limitGathering capSchools and child careWorkplace rules
Functions reached
EVT; GATH; DR; BA; FC; SL; OF
Grade
Primary source read
Days in this quarter
10

At the discretion of local school boards and superintendents, high school graduation ceremonies may be held using school facilities, provided they follow proper social distancing and other mitigation guidelines issued by the ND Department of Public Instruction: ND Smart Restart: Graduation Guidelines. Recreational and sports arenas, and music and entertainment venues will remain closed until further notice.

Enforcement: Infraction; $1,000 fine; law enforcement directed to enforce

Citation: Governor Doug Burgum, Executive Order 2020-06.5 (May 6, 2020) (Ex. ND-039) Open the exhibit

Ex. ND-037
ND Smart Restart industry-specific standards: Fitness Centers

Group classes limited to one participant per 144 square feet; group sports over ten participants discontinued; high-exhalation classes omitted; equipment six feet apart; 24-hour access and drop-in child care suspended

Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 5, North Dakota (State)

Dates
In force from May 1, 2020 to May 22, 2020 (issued Apr. 28, 2020)
Quarters
2020 Q2
Limitations
Capacity limitGathering capWorkplace rules
Functions reached
FC facilities; CL classes and group activities; SP sports
Grade
Primary source read
Days in this quarter
22

Limit group fitness classes to 1 participant / staff per 144 square feet (SF)... Suspend or discontinue drop-in childcare until such time as social distancing measures are no longer in place.... Discontinue group sports (basketball, soccer, hockey, etc.) where more than 10 participants are playing at the same time... Omit fitness classes with high inhalation / exhalation exchange, like spin for example... Suspend 24-hour facility use until such time social distancing recommendations are suspended.

Enforcement: Through EO 2020-06.4 ¶ 5

Citation: Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 5, ND Smart Restart industry-specific standards: Fitness Centers (Apr. 28, 2020) (Ex. ND-037) Open the exhibit

Ex. ND-041
ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level

State reopening plan fixing the risk levels and the industry capacity guidance by level (e.g., banquets and event venues at 50 percent of certificate of occupancy but no more than 250 at moderate risk; personal services at 50 percent at moderate and 75 percent at low risk)

Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), North Dakota (State)

Dates
In force from May 15, 2020 to Jan. 18, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Capacity limitGathering capOther
Functions reached
MC meetings and conventions; BQ banquets; DR; SL; FC; GATH
Grade
Primary source read
Days in this quarter
47 (in force on the last day)

Orange / High Risk is the level of guidance for mitigation strategies that North Dakota functioned under... emphasizing 'Stay Home. Stay Healthy. Stay Connected.' Only essential travel and essential critical infrastructure... recommended restrictions, such as avoiding groups greater than 10 people... Yellow / Moderate is the level of guidance for mitigation strategies that North Dakota functions under right now.... [Banquets, ballrooms, event venues:] certificate of occupancy for that room but no more than 250... [Personal services:] to 50% certificate of occupancy for that room... up to 75% certificate of occupancy for that room

Enforcement: Recommendations, except where incorporated by executive order (EO 2020-06.4 to 06.6 for reopening conditions; EO 2020-43 for the tiered capacity caps)

Citation: Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041) Open the exhibit

Ex. ND-042
Executive Order 2020-06.6

Recreational and sports arenas and music and entertainment venues may begin to reopen under the ND Smart Restart Large Gatherings Protocol (strongly encouraged); all other reopening conditions and State telework continue

Governor Doug Burgum, North Dakota (State)

Dates
In force from May 15, 2020 to May 22, 2020
Quarters
2020 Q2
Limitations
Telework mandateCapacity limitGathering capEvents and venuesCourts and public offices
Functions reached
PE performances and live events; SP sports; EVT; OF State telework
Grade
Primary source read
Days in this quarter
8

Recreational and sports arenas, and music and entertainment venues may begin to reopen, and are strongly encouraged to adopt the ND Smart Restart: Large Gatherings Protocol. 11. All state employees who have been teleworking since March 20, 2020, will continue to telework until further notice. 12. Access to the North Dakota Capitol will continue to be limited to by-appointment only until further notice.

Enforcement: Infraction; $1,000 fine; law enforcement directed to enforce

Citation: Governor Doug Burgum, Executive Order 2020-06.6 (May 15, 2020) (Ex. ND-042) Open the exhibit

Ex. ND-046
ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020)

Event-venue standards: capacity limited to a percentage of normal operating capacity or a total cap by risk level; at Orange/High risk 'Limit gathering size to 10 people or less... gatherings, events and fitness and recreational centers are closed'; tribal-law requirements noted

Department of Commerce and State Health Officer (ND Smart Restart), North Dakota (State)

Dates
In force from May 29, 2020 to Jan. 18, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Capacity limitGathering capEvents and venues
Functions reached
MC meetings and conventions; BQ banquets; EV events and fundraising; WS worship gatherings (guidance)
Grade
Primary source read
Days in this quarter
33 (in force on the last day)

Capacity should be limited to a percentage of normal operating capacity for controlled and managed facilities or capped at a total number. If there is no way to control access of entry (egress), spread out activities to double the normal footprint.... Orange/High Risk Level... Only essential work and travel are open. Limit gathering size to 10 people or less.... Yellow/Moderate Risk Level... Group gatherings are limited by certificate of occupancy for the room or seating area according to industry-specific Smart Restart protocols and social distancing is maintained. Cancel gatherings of any size where distancing cannot be maintained.

Enforcement: Guidance until incorporated by EO 2020-43 (infraction; law enforcement directed to enforce)

Citation: Department of Commerce and State Health Officer (ND Smart Restart), ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020) (Ex. ND-046) Open the exhibit

Ex. ND-047
Governor's release, 'Burgum announces move to next phase of ND Smart Restart plan' (May 29, 2020)

Statewide move from moderate (yellow) to low (green) risk level effective June 1, 2020: recommended capacity for bars and restaurants 75 percent; banquets and weddings 75 percent of occupancy up to 500; movie theaters 65 percent; high-exhalation fitness classes permitted

Office of Governor Doug Burgum (news release), North Dakota (State)

Dates
In force from June 1, 2020 to Sept. 3, 2020 (issued May 29, 2020)
Quarters
2020 Q22020 Q3
Limitations
Capacity limitGathering capOther
Functions reached
DR; BQ; MC; PE; FC
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

Gov. Doug Burgum today announced North Dakota is moving to the next phase of its ND Smart Restart plan, as the state continues to see a high rate of testing per capita, a low positive test rate and adequate hospital capacity to handle potential surges in COVID-19 cases.

Enforcement: Recommendations

Citation: Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces move to next phase of ND Smart Restart plan' (May 29, 2020) (Ex. ND-047) Open the exhibit

Ex. ND-085
Administrative Order 25, Coronavirus Pandemic (Declaration of Judicial Emergency), adopted March 16, 2020, amended March 17, April 15, May 20 and June 9, 2020 (text as amended June 9, 2020)

Statewide judicial emergency: civil and criminal jury trials suspended (to April 24, then July 1, 2020); presumptive continuances; guardianship reviews suspended; specialty-court group meetings suspended to May 20, 2020; emergency days treated as legal holidays for time computation

North Dakota Supreme Court (Jensen, C.J.), North Dakota (Court)

Dates
In force from Mar. 16, 2020 to July 1, 2020
Quarters
2020 Q22020 Q3
Limitations
Gathering capCourts and public offices
Functions reached
CT courts (law firms, lenders, landlords, insurers); CL closings and collections; SV collections and foreclosure
Grade
Primary source read
Days in this quarter
107 (in force on the last day)

[¶1] In response to the coronavirus, COVID-19, pandemic, and as authorized by law, the Justices of the North Dakota Supreme Court declare a state of emergency statewide for the Judicial Branch.... [¶5] After consideration, it is hereby ORDERED: 1. Civil jury trials are suspended until July 1, 2020 unless otherwise ordered by the Court. 2. Criminal jury trials are suspended until July 1, 2020 unless otherwise ordered by the Court.... 6. Continuances and extension requests related to COVID-19 should be presumptively granted.... 9. Unless otherwise ordered, for proceedings suspended under authority of this order the days covered by the judicial emergency are considered legal holidays for time computation under North Dakota's court rules.

Enforcement: Order of the Supreme Court binding all courts

Citation: North Dakota Supreme Court (Jensen, C.J.), Administrative Order 25, Coronavirus Pandemic (Declaration of Judicial Emergency), adopted March 16, 2020, amended March 17, April 15, May 20 and June 9, 2020 (text as amended June 9, 2020) (Mar. 16, 2020) (Ex. ND-085) Open the exhibit

Ex. ND-086
North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived April 17, 2020)

Court system's official summary of the March 16, 2020 Emergency Order as amended March 17 and April 15, 2020: all jury trials suspended until after July 1, 2020; guardianship reviews suspended to June 1; specialty-court group meetings suspended to July 1; AO 27 eviction proceedings suspended until further order; district administrative orders (ECJD Mar. 17, 2020)

North Dakota Court System (Supreme Court and presiding judges), North Dakota (Court)

Dates
In force from Mar. 16, 2020 to Sept. 30, 2020 (issued Apr. 17, 2020)
Quarters
2020 Q22020 Q3
Limitations
Gathering capCourts and public offices
Functions reached
CT courts; PM property management (evictions suspended); SV servicing and collections; CL closings
Grade
Primary source read
Days in this quarter
107 (in force on the last day)

On March 16, 2020, the North Dakota Supreme Court issued an Emergency Order in response to the COVID-19 Pandemic for the purpose of protecting the health of litigants, judicial branch employees, and the public while maintaining judicial branch functions.... Suspends all jury trials until after July 1, 2020... ADMINISTRATIVE ORDER 27 - Emergency Suspension of Eviction Proceedings: Suspends eviction proceedings until further order, unless there is a showing of good cause to proceed on a specific case... Criminal jury trials - Effective immediately, all criminal jury trials are suspended until April 24, 2020 or until further order of the Supreme Court.

Enforcement: Supreme Court orders

Citation: North Dakota Court System (Supreme Court and presiding judges), North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived April 17, 2020) (Apr. 17, 2020) (Ex. ND-086) Open the exhibit

Ex. ND-005
Executive Order 2020-06

Closure of restaurants, bars and on-site dining to on-sale/on-site patrons; closure of recreational facilities, health clubs, athletic facilities and theaters; transition of non-essential State staff to remote worksites; State Capitol and State facilities by appointment only

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 20, 2020 to Apr. 30, 2020 (issued Mar. 19, 2020)
Quarters
2020 Q2
Limitations
Business closureTelework mandateAlcohol and barsEvents and venuesCourts and public offices
Functions reached
DR dining room; BA bar and alcohol service (on-sale prohibited; off-sale permitted); FC fitness facilities; PE theaters and live venues; OF State offices (telework mandate); CB customers of closed venues; CRT public access to State offices
Grade
Primary source read
Days in this quarter
42

1. Effective at 12:00 p.m., Friday March 20, all restaurants, bars, breweries, cafes and similar on-site dining establishments are closed to on-sale/on-site patrons; take-out, delivery, curbside, drive-through or off-sale services may continue; this requirement will continue through Monday, April 6, 2020. 2. Effective at 12:00 p.m., Friday March 20, all recreational facilities, health clubs, athletic facilities and theaters, including movie theater and music or entertainment venues are directed to close and cease operations... 3. All state agencies and offices are directed to accelerate the transition of non-essential staff members to remote, in-home worksite... 4. Access to the North Dakota Capitol will be limited to by-appointment only, effective immediately... Access to all other state facilities will be limited to by-appointment only effective Friday, March 20, 2020

Enforcement: N.D.C.C. § 37-17.1-05(2) (force and effect of law); enforcement clause added by EO 2020-06.1: violations 'an infraction and subject to a one-thousand dollar fine'; 'All local, county and state law enforcement officers are authorized and directed to enforce'

Citation: Governor Doug Burgum, Executive Order 2020-06 (Mar. 19, 2020) (Ex. ND-005) Open the exhibit

Ex. ND-016
Executive Order 2020-16

Open-meetings law suspended to the extent it requires a physical meeting room and speakerphone when governing bodies meet remotely

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 30, 2020 to Apr. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Gathering capCourts and public offices
Functions reached
CRT public bodies (permits, zoning, licensing boards meeting remotely); PM permits and approvals
Grade
Primary source read
Days in this quarter
93 (in force on the last day)

hereby suspends the requirements that a meeting room be available to the public and that a speakerphone or monitor be provided at a physical location under NDCC § 44-04-19 when members of a governing body are attending a meeting via remote means.

Enforcement: Suspension of statute

Citation: Governor Doug Burgum, Executive Order 2020-16 (Mar. 30, 2020) (Ex. ND-016) Open the exhibit

Ex. ND-017
Executive Order 2020-06.2

Business closures, State telework and appointment-only access to State facilities extended through April 20, 2020

Governor Doug Burgum, North Dakota (State)

Dates
In force from Apr. 1, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Business closureTelework mandateAlcohol and barsCourts and public offices
Functions reached
DR; BA; FC; PE; SL; OF
Grade
Primary source read
Days in this quarter
30

all restaurants, bars, breweries, cafes and similar on-site dining establishments are closed to on-sale/on-site patrons; take-out, delivery, curbside, drive-through or off-sale services may continue; this requirement will continue through Monday, April 20, 2020.

Enforcement: Infraction; $1,000 fine; all law enforcement officers directed to enforce

Citation: Governor Doug Burgum, Executive Order 2020-06.2 (Apr. 1, 2020) (Ex. ND-017) Open the exhibit

Ex. ND-023
Executive Order 2020-25

Public Service Commission permit hearings and University and School Lands auctions may be held remotely; statutes fixing physical locations suspended

Governor Doug Burgum, North Dakota (State)

Dates
In force from Apr. 8, 2020 to Feb. 19, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Gathering capCourts and public offices
Functions reached
CRT agency hearings (energy, pipeline and transmission permitting); PM permits
Grade
Primary source read
Days in this quarter
84 (in force on the last day)

The operation of North Dakota Century Code (NDCC) §§ 49-22-13, 49-22.1-10 that requires the Public Service Commission to hold public hearings on permit applications in specific locations, is hereby suspended.... The operation of NDCC § 15-04-10 that requires the Commissioner of University and School Lands to hold public auctions for public land leasing, in the county seat, is hereby suspended.

Enforcement: Suspension of statutes

Citation: Governor Doug Burgum, Executive Order 2020-25 (Apr. 8, 2020) (Ex. ND-023) Open the exhibit

Ex. ND-028
Executive Order 2020-06.3

Business closures, State telework and appointment-only access to State facilities extended through Thursday, April 30, 2020

Governor Doug Burgum, North Dakota (State)

Dates
In force from Apr. 15, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Business closureTelework mandateAlcohol and barsCourts and public offices
Functions reached
DR; BA; FC; PE; SL; OF; CRT
Grade
Primary source read
Days in this quarter
16

all restaurants, bars, breweries, cafes and similar on-site dining establishments are closed to on-sale/on-site patrons; take-out, delivery, curbside, drive-through or off-sale services may continue; this requirement will continue through Thursday, April 30.... all recreational facilities, health clubs, athletic facilities and theaters, including movie theater and music or entertainment venues are directed to close and cease operations; this requirement will continue through Thursday, April 30.... All state agencies and offices are directed to accelerate the transition of non-essential staff members to remote, in-home worksite; this requirement will continue through Thursday, April 30.

Enforcement: Infraction; $1,000 fine; all local, county and state law enforcement officers directed to enforce

Citation: Governor Doug Burgum, Executive Order 2020-06.3 (Apr. 15, 2020) (Ex. ND-028) Open the exhibit

Ex. ND-031
State Health Officer Confinement Order (LM Power (ND), Inc., Grand Forks)

Fourteen-day quarantine of all persons employed by LM Power (ND), Inc., Grand Forks, after workplace exposure

State Health Officer Mylynn Tufte, North Dakota Department of Health, North Dakota (Grand Forks employer) (State)

Dates
In force from Apr. 16, 2020 to Apr. 30, 2020 (issued Apr. 18, 2020)
Quarters
2020 Q2
Limitations
Business closureWorkplace rulesQuarantine and isolation
Functions reached
PF production floor (entire workforce confined); WF; SC supply chain (wind-blade manufacturer's customers)
Grade
Primary source read
Days in this quarter
15

ALL PERSONS EMPLOYED BY LM POWER (ND), INC. LOCATED IN GRAND FORKS, NORTH DAKOTA, HAVE BEEN DETERMINED TO HAVE BEEN EXPOSED... are subject to quarantine effective immediately upon execution of this order and for a period of fourteen days starting on April 16, 2020, the last day of contact. The place of confinement is the subject person's home or residence

Enforcement: Class B misdemeanor, N.D.C.C. § 23-07.6-02(3); infraction, N.D.C.C. § 23-07-21(1)

Citation: State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order (LM Power (ND), Inc., Grand Forks) (Apr. 18, 2020) (Ex. ND-031) Open the exhibit

Ex. ND-035
ND Smart Restart industry-specific standards: Restaurants, Bars, Breweries, Distilleries, Food Trucks (updated Apr. 28, 2020)

Capacity limited to 50 percent of normal operating capacity; six feet between groups; tables of ten; no standing in bars; buffets pre-portioned; daily four-hour closure for cleaning in Phase I; blackjack tables closed

Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 6, North Dakota (State)

Dates
In force from May 1, 2020 to May 22, 2020 (issued Apr. 28, 2020)
Quarters
2020 Q2
Limitations
Capacity limitAlcohol and barsWorkplace rules
Functions reached
DR dining room (50 percent); BA bar (no standing; stool spacing); BQ banquets; KT kitchen (buffet rules)
Grade
Primary source read
Days in this quarter
22

Capacity will be limited to 50% of normal operating capacity. Allow for 6 feet of spacing between groups... Tables must be limited to 10 people per table.... Standing in bars is not allowed. Bar stool seating will be allowed for 1-2 guests, with 6 feet of separation between groups.... During phase I, all restaurants should close for a minimum of 4 hours daily to deep clean. Blackjack tables will remain closed.

Enforcement: Through EO 2020-06.4 ¶ 6: reopening permitted only if these standards 'must be adopted and rigorously followed'

Citation: Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 6, ND Smart Restart industry-specific standards: Restaurants, Bars, Breweries, Distilleries, Food Trucks (updated Apr. 28, 2020) (Ex. ND-035) Open the exhibit

Ex. ND-036
ND Smart Restart industry-specific standards: Hair Salons, Barbershops, Nail Salons, Tanning Salons, Waxing Studios and Other Cosmetology Related Businesses (updated Apr. 28, 2020)

Employees must wear face masks at all times; clients to wear masks to the extent possible; six feet between work stations; appointment systems; enhanced cleaning between customers

Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 2, North Dakota (State)

Dates
In force from May 1, 2020 to May 22, 2020 (issued Apr. 28, 2020)
Quarters
2020 Q2
Limitations
Capacity limitFace-covering requirementWorkplace rules
Functions reached
SL salon services (station spacing, appointment throughput); EMP
Grade
Primary source read
Days in this quarter
22

If necessary, increase space between work stations so that employees and clients can maintain 6 feet of distance.... Employees must wear face masks at all times and other available protective equipment as necessary. Clients are to wear face masks to the extent possible. Businesses are encouraged to limit the provision of services that require removal of PPE.... Adjust appointment times for enhanced cleaning between customers.

Enforcement: Through EO 2020-06.4 ¶ 2

Citation: Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 2, ND Smart Restart industry-specific standards: Hair Salons, Barbershops, Nail Salons, Tanning Salons, Waxing Studios and Other Cosmetology Related Businesses (updated Apr. 28, 2020) (Ex. ND-036) Open the exhibit

Ex. ND-043
ND Smart Restart industry-specific standards: Movie Theaters

Theater capacity limited to 20 percent of normal operating capacity at the higher risk level, 65 percent per auditorium at the lower level, two empty seats or six feet between parties; lobby seating removed; masks for staff

Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 7 and 06.5/06.6 ¶ 7, North Dakota (State)

Dates
In force from May 1, 2020 to May 22, 2020 (issued May 15, 2020)
Quarters
2020 Q2
Limitations
Capacity limitFace-covering requirementWorkplace rules
Functions reached
PE cinemas; CN concessions; CAP
Grade
Primary source read
Days in this quarter
22

Capacity should be limited to 20% of normal operating capacity... Capacity should be increased to 65% of normal operating capacity for each auditorium.... at least two empty seats (or 6 feet) between parties in any row... Lines and waiting areas must be marked so physical distancing standards are met.

Enforcement: Through EO 2020-06.4 ¶ 7

Citation: Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 7 and 06.5/06.6 ¶ 7, ND Smart Restart industry-specific standards: Movie Theaters (May 15, 2020) (Ex. ND-043) Open the exhibit

Ex. ND-001
Executive Order 2020-03

Declaration of a state of emergency in response to the public health crisis resulting from the novel coronavirus (COVID-19); activation of the State Emergency Operations Plan

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 13, 2020 to Apr. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Emergency declaration
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

hereby declares a state of emergency in North Dakota in response to the public health crisis resulting from the novel coronavirus (COVID-19), and hereby orders activation of the North Dakota State Emergency Operations Plan (SEOP)... All state agencies are ordered to provide response resources and capabilities pursuant to their respective responsibilities detailed in the SEOP.

Enforcement: Predicate order; N.D.C.C. § 37-17.1-05(2) gives executive orders the force and effect of law (recited in later orders)

Citation: Governor Doug Burgum, Executive Order 2020-03 (Mar. 13, 2020) (Ex. ND-001) Open the exhibit

Ex. ND-008
Executive Order 2020-08

Suspension of unemployment insurance work-registration, work-search and requalification requirements for COVID-19-related unemployment; employer accounts not charged

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 13, 2020 to Dec. 31, 2020 (issued Mar. 20, 2020)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Other
Functions reached
WF workforce (unemployment during closures); HR
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

Effective March 13, 2020, those portions of NDCC 52-04-07 specifying the charging of base-period employers are suspended under the following circumstances: Benefits paid to an individual whose unemployment is related directly or indirectly to COVID-19 shall not be charged against the accounts of the individual's employer.... the requirement in N.D.C.C. § 52-06-01 (2)(a) that an individual must register for work shall be suspended for those individuals whose unemployment is related to COVID-19.

Enforcement: Suspension of statutory requirements

Citation: Governor Doug Burgum, Executive Order 2020-08 (Mar. 20, 2020) (Ex. ND-008) Open the exhibit

Ex. ND-002
Executive Order 2020-04

Closure of all K-12 schools, public and non-public, March 16-20, 2020

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 16, 2020 to Mar. 20, 2020 (issued Mar. 15, 2020)
Quarters
2020 Q2
Limitations
Emergency declarationSchools and child care
Functions reached
WF workforce (parents of school-age children); IN in-person instruction; EC child care demand
Grade
Primary source read
Days in this quarter
5

It is hereby ordered that all K-12 schools in North Dakota, both public and non-public, will be closed to students from Monday, March 16 to Friday, March 20, 2020. Essential school district staff are directed to report to work on March 16 and 17 (Monday and Tuesday) to develop plans for fragile and special needs students, future continuity of food nutritional programs and alternate learning plans.

Enforcement: N.D.C.C. § 37-17.1-05(2) (executive orders have the force and effect of law)

Citation: Governor Doug Burgum, Executive Order 2020-04 (Mar. 15, 2020) (Ex. ND-002) Open the exhibit

Ex. ND-003
Executive Order 2020-04.1

Amended school-closure order; exempts residential schools and residential treatment programs

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 16, 2020 to Mar. 22, 2020
Quarters
2020 Q2
Limitations
Schools and child care
Functions reached
WF; IN
Grade
Primary source read
Days in this quarter
7

It is hereby ordered that all K-12 schools in North Dakota, both public and non-public, will be closed to students from Monday, March 16 to Friday, March 20, 2020.... This order does not impact programming and instructional hours for K-12 students attending non-public residential schools...

Enforcement: N.D.C.C. § 37-17.1-05(2)

Citation: Governor Doug Burgum, Executive Order 2020-04.1 (Mar. 16, 2020) (Ex. ND-003) Open the exhibit

Ex. ND-004
Executive Order 2020-05

Suspension of licensure requirements for out-of-state health care and behavioral health professionals and of health care facility licensing requirements

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 19, 2020 to Feb. 22, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Health care ordersOther
Functions reached
HR credentialing; IC; OF
Grade
Primary source read
Days in this quarter
104 (in force on the last day)

hereby suspends the licensure requirements for health care or behavioral health professionals licensed under the following Chapters of the North Dakota Century Code... who are licensed and in good standing in other states, as needed to provide health care and behavioral health services, to include telehealth care, for citizens impacted by COVID-19... In addition, the licensing requirements for hospitals and other health care facilities under the following Chapters... are hereby suspended, subject to temporary emergency requirements established by the State Health Officer and the Adjutant General

Enforcement: Suspension order; conditions set by the State Health Officer and the Adjutant General

Citation: Governor Doug Burgum, Executive Order 2020-05 (Mar. 19, 2020) (Ex. ND-004) Open the exhibit

Ex. ND-006
Executive Order 2020-05.1

Amended licensure suspension; telehealth: audio-only permitted, insurers must cover virtual check-ins and e-visits without cost sharing

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 20, 2020 to Apr. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Health care ordersOther
Functions reached
TM telehealth; IN insurance (payer rules); HR credentialing; CL clinical intake
Grade
Primary source read
Days in this quarter
103 (in force on the last day)

The 'audio-only' provision of NDCC § 26.1-36-09.15 (1)(g)(3) is hereby suspended. Telehealth services shall be provided... to include audio-only telehealth services. Insurance carriers shall cover virtual check-ins and e-visits for established patients... Insurance carriers shall not subject telehealth coverage, including virtual check-ins and e-visits for established patients, to deductible, coinsurance, copayment or other cost sharing provisions.

Enforcement: Suspension order binding insurance carriers; 'The North Dakota Insurance Commissioner may issue guidance'

Citation: Governor Doug Burgum, Executive Order 2020-05.1 (Mar. 20, 2020) (Ex. ND-006) Open the exhibit

Ex. ND-007
Executive Order 2020-07 (Mar. 20, 2020)

State agencies to identify regulatory provisions hindering service delivery; expired driver's licenses and motor vehicle registrations to be recognized as valid

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 20, 2020 to June 23, 2020
Quarters
2020 Q2
Limitations
Courts and public officesOther
Functions reached
DM motor-vehicle offices; FI finance and insurance (identity and registration documents); CRT public offices
Grade
Primary source read
Days in this quarter
96

all North Dakota Law Enforcement Agencies and private sector businesses operating in this state are hereby directed to recognize any North Dakota driver's license or North Dakota motor vehicle registration, expired on or after March 1, 2020, as valid and current while this Executive Order is in effect.

Enforcement: Directive to agencies and businesses under N.D.C.C. ch. 37-17.1

Citation: Governor Doug Burgum, Executive Order 2020-07 (Mar. 20, 2020) (Ex. ND-007) Open the exhibit

Ex. ND-009
Executive Order 2020-09

Pharmacists authorized to provide 30-day emergency refills and administer COVID-19 tests; payers to eliminate proof-of-delivery requirements

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 21, 2020 to Apr. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Health care orders
Functions reached
DX diagnostics; CB patients; SC pharmacy supply
Grade
Primary source read
Days in this quarter
102 (in force on the last day)

the authority to administer emergency prescription refills under North Dakota Century Code § 43-15-01 (12) is hereby extended to allow licensed pharmacists to provide emergency refills for maintenance medications in quantities of up to a thirty day supply... Health care payers, including pharmacy benefit managers shall eliminate proof of delivery requirement for deliveries directly to homes and by mail... The authority to administer tests in North Dakota Century Code § 43-15-25.3 is hereby extended to allow licensed pharmacists to administer COVID-19 testing

Enforcement: Suspension and directive under N.D.C.C. ch. 37-17.1

Citation: Governor Doug Burgum, Executive Order 2020-09 (Mar. 21, 2020) (Ex. ND-009) Open the exhibit

Ex. ND-010
Executive Order 2020-10

All K-12 school facilities closed to students until further notice; distance learning plans due March 27, instruction by April 1, 2020; State aid conditioned on approved plans

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 22, 2020 to May 1, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Schools and child care
Functions reached
WF workforce (children at home); IN in-person instruction; RL remote learning; FS school food service; TR transport
Grade
Primary source read
Days in this quarter
41

1. All public and non-public K-12 school facilities will remain closed to students until further notice; teaching and other essential staff may have continued access to school facilities. 2. All school districts and non-public schools are directed to develop plans for age-appropriate distance learning plans... 4. On or before March 27, 2020, all school districts must submit age-appropriate distance learning plans for approval to the Superintendent of Public Instruction. Distance learning with students should begin no later than April 1, 2020.

Enforcement: State aid payment of April 1, 2020 'contingent upon an age-appropriate distance learning plan approved by the Governor'

Citation: Governor Doug Burgum, Executive Order 2020-10 (Mar. 22, 2020) (Ex. ND-010) Open the exhibit

Ex. ND-011
Executive Order 2020-11

NDDOT in-person administrative hearings suspended; load restrictions removed on all State highways to relieve supply-chain disruption

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 24, 2020 to Dec. 18, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Courts and public officesSupply chain
Functions reached
CRT administrative hearings; DR drivers and routes; SC supply chain
Grade
Primary source read
Days in this quarter
99 (in force on the last day)

all in-person administrative hearings conducted by the NDDOT are suspended for the duration of the declared public health emergency. Any NDDOT administrative hearing now scheduled and noticed as an in-person hearing may be conducted by telephone or videoconference... To minimize disruption of the supply chain during this declared public health emergency, the NDDOT Director will provide relief under N.D.C.C. § 39-12-03 by removing load restrictions on all State highways.

Enforcement: Directive to NDDOT

Citation: Governor Doug Burgum, Executive Order 2020-11 (Mar. 24, 2020) (Ex. ND-011) Open the exhibit

Ex. ND-012
Executive Order 2020-14

Suspension of N.D.C.C. ch. 23-07.6 confinement procedure, authorizing the State Health Officer to issue disease-control orders (isolation and quarantine) under N.D.C.C. § 23-01-05(12)

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 26, 2020 to Apr. 9, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Emergency declarationTravel and quarantineQuarantine and isolation
Functions reached
WF (quarantine of travelers and contacts); TR travel
Grade
Primary source read
Days in this quarter
15

hereby suspends the operation of N.D.C.C. § 23-07.6, with the exception of N.D.C.C. § 23-07.6-02(3), relating to communicable disease confinement procedure, allowing the State Health Officer to issue orders relating to disease control measures deemed necessary to prevent the spread of COVID-19 pursuant to N.D.C.C. § 23-01-05(12) and consistent with due process.

Enforcement: N.D.C.C. § 23-07.6-02(3) (failure to cooperate with an isolation or quarantine order is a class B misdemeanor) preserved

Citation: Governor Doug Burgum, Executive Order 2020-14 (Mar. 26, 2020) (Ex. ND-012) Open the exhibit

Ex. ND-014
State Health Officer Confinement Order 2020-02

Fourteen-day quarantine of all persons returning from international travel and from domestic travel to areas of widespread community infection; essential critical infrastructure workers exempt

State Health Officer Mylynn Tufte, North Dakota Department of Health, North Dakota (State)

Dates
In force from Mar. 28, 2020 to Apr. 8, 2020
Quarters
2020 Q2
Limitations
Travel and quarantineQuarantine and isolation
Functions reached
TR business travel; WF workforce returning from travel; CB visiting customers; TV travel demand
Grade
Primary source read
Days in this quarter
12

ALL PERSONS RETURNING FROM ANY INTERNATIONAL TRAVEL AND FROM DOMESTIC TRAVEL TO SPECIFIC LOCATIONS WITHIN THE UNITED STATES AS DEFINED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION AND THE NORTH DAKOTA DEPARTMENT OF HEALTH AS AREAS OF WIDESPREAD COMMUNITY INFECTION... are subject to quarantine immediately upon reentry to the State of North Dakota and for a period of fourteen days. The place of confinement is the subject person's place of residence.

Enforcement: 'a person is guilty of a class B misdemeanor if that person fails to cooperate with this order to quarantine. N.D.C.C. § 23-07.6-02(3).'

Citation: State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-02 (Mar. 28, 2020) (Ex. ND-014) Open the exhibit

Ex. ND-015
Executive Order 2020-10.1

Schools closed to students until further notice; school facilities may provide K-5 child care for K-12 teachers and health, safety and lifeline workers under DHS guidelines

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 30, 2020 to Dec. 18, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Schools and child care
Functions reached
WF; EC child care; IN
Grade
Primary source read
Days in this quarter
93 (in force on the last day)

All public and non-public K-12 schools are closed to students until further notice; provided, however, certain school districts may choose to open facilities through the month of May, for the limited purpose of providing child care services to children in grades K-5 only, for K-12 teachers and other health, safety and lifeline worker households, as identified by the Department of Human Services.

Enforcement: State aid conditioned on approved distance-learning plans

Citation: Governor Doug Burgum, Executive Order 2020-10.1 (Mar. 30, 2020) (Ex. ND-015) Open the exhibit

Ex. ND-018
North Dakota EO 2020-20 (Apr. 3, 2020; to Apr. 30, 2021)

Nationwide criminal history check requirement for health licensure suspended while fingerprinting unavailable; in-person continuing education requirements suspended; lapsed respiratory care licenses reactivated

Governor Doug Burgum, North Dakota (State)

Dates
In force from Apr. 3, 2020 to Apr. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Health care ordersWorkplace rules
Functions reached
HR credentialing and onboarding (fingerprinting unavailable); RC recruiting
Grade
Primary source read
Days in this quarter
89 (in force on the last day)

The nationwide criminal history record check requirements... are temporarily suspended during this declared state of emergency, until such time as law enforcement agencies in North Dakota have the ability to safely conduct fingerprinting... all in-person continuing education requirements for licensing renewals for health care or behavioral health licensing statutes and regulations are suspended during the pendency of this declared emergency.

Enforcement: Suspension of statutes and rules

Citation: Governor Doug Burgum, North Dakota EO 2020-20 (Apr. 3, 2020; to Apr. 30, 2021) (Ex. ND-018) Open the exhibit

Ex. ND-019
Executive Order 2020-21

Fourteen-day self-quarantine ordered for all persons testing positive and for their household members; leaving the residence only with Department of Health approval

Governor Doug Burgum, North Dakota (State)

Dates
In force from Apr. 6, 2020 to Apr. 21, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Quarantine and isolation
Functions reached
WF workforce removed from work by operation of law; HR
Grade
Primary source read
Days in this quarter
16

Effective immediately, all individuals who tested positive for COVID-19 ('infected individual') are ordered to self-quarantine in their place of residence, for a period of fourteen days or as directed by order of the State Health Officer. Effective immediately, all family and household members residing with the infected individual and identified by the North Dakota Department of Health as a contact of an infected individual are ordered to self-quarantine in their place of residence, for a period of fourteen days... Individuals under a self-quarantine order may only leave their place of residence with prior approval from the Department of Health.

Enforcement: N.D.C.C. § 23-07.6-02(3) (class B misdemeanor); N.D.C.C. § 37-17.1-05(2)

Citation: Governor Doug Burgum, Executive Order 2020-21 (Apr. 6, 2020) (Ex. ND-019) Open the exhibit

Ex. ND-020
Executive Order 2020-22

Visitation in long-term care facilities (skilled nursing and basic care) suspended except end-of-life or compassionate care; non-essential personnel and volunteers restricted

Governor Doug Burgum, North Dakota (State)

Dates
In force from Apr. 6, 2020 to June 5, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Health care orders
Functions reached
VS visitation; RS residential care; HC in-facility vendors, therapists and contractors ('non-essential personnel'); CR clergy visitation
Grade
Primary source read
Days in this quarter
61

Effective immediately, visitation in North Dakota long-term care facilities, including skilled nursing facilities and basic care facilities, is hereby suspended except for end-of-life or compassionate care for residents with terminal conditions. All non-essential personnel and volunteers are restricted from long-term care facilities until further notice.

Enforcement: N.D.C.C. § 37-17.1-05(2)

Citation: Governor Doug Burgum, Executive Order 2020-22 (Apr. 6, 2020) (Ex. ND-020) Open the exhibit

Ex. ND-022
State Health Officer Confinement Order 2020-05

Isolation of all persons who test positive for COVID-19 for at least seven days after symptom onset and 72 hours fever-free

State Health Officer Mylynn Tufte, North Dakota Department of Health, North Dakota (State)

Dates
In force from Apr. 8, 2020 to May 23, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Quarantine and isolation
Functions reached
WF workforce; HR
Grade
Primary source read
Days in this quarter
46

All subject persons... who test positive for 2019-nCoV/COVID-19, are subject to isolation immediately upon receiving positive test results and for at least seven days after the onset of symptoms and seventy-two (72) hours after becoming fever free and with symptom improvement.... You are only authorized to leave isolation for reasons approved by the Department of Health.

Enforcement: Class B misdemeanor, N.D.C.C. § 23-07.6-02(3); infraction, N.D.C.C. § 23-07-21(1)

Citation: State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-05 (Apr. 8, 2020) (Ex. ND-022) Open the exhibit

Ex. ND-024
Executive Order 2020-14.1

Amended suspension of N.D.C.C. ch. 23-07.6: local health officers' confinement authority and local boards of health's quarantine authority preserved; State Health Officer disease-control orders authorized

Governor Doug Burgum, North Dakota (State)

Dates
In force from Apr. 9, 2020 to Apr. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Emergency declarationQuarantine and isolation
Functions reached
WF; preemption analysis: local health authority preserved
Grade
Primary source read
Days in this quarter
83 (in force on the last day)

hereby suspends the operation of NDCC Chapter 23-07.6, subject to the following exceptions: 1. All provisions under NDCC Chapter 23-07.6, relating to the authority of local health officers to issue confinement orders will remain in effect; 2. All provisions... relating to the authority of a local board of health to adopt quarantine and sanitary measures set forth in NDCC § 23-07-06 will remain in effect... The State Health Officer is authorized to issue orders relating to disease control measures deemed necessary to prevent the spread of COVID-19 pursuant to N.D.C.C. § 23-01-05(12)

Enforcement: Infraction and $1,000 fine; law enforcement directed to enforce

Citation: Governor Doug Burgum, Executive Order 2020-14.1 (Apr. 9, 2020) (Ex. ND-024) Open the exhibit

Ex. ND-025
Executive Order 2020-21.1

Positives ordered to self-isolate and household contacts to self-quarantine 'as directed by order of the State Health Officer'; only household members, health care workers and caregivers of vulnerable persons permitted in the residence

Governor Doug Burgum, North Dakota (State)

Dates
In force from Apr. 10, 2020 to Apr. 21, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Quarantine and isolation
Functions reached
WF; HC in-home visits (permitted entry for caregivers only)
Grade
Primary source read
Days in this quarter
12

Effective immediately, all individuals who tested positive for COVID-19 ('infected individual') are ordered to self-isolate in their place of residence, as directed by order of the State Health Officer.... all family and household members residing with the infected individual and identified by the North Dakota Department of Health as a contact of an infected individual are ordered to self-quarantine in their place of residence... During the period of self-quarantine, only family and household members, and health care workers and others performing services in support of elderly, disabled and vulnerable populations, are permitted in the place of residence.

Enforcement: N.D.C.C. § 23-07.6-02(3); § 37-17.1-05(2)

Citation: Governor Doug Burgum, Executive Order 2020-21.1 (Apr. 10, 2020) (Ex. ND-025) Open the exhibit

Ex. ND-026
State Health Officer Confinement Order 2020-06

Fourteen-day quarantine of all household contacts of persons who test positive; essential critical infrastructure workers exempt while asymptomatic

State Health Officer Mylynn Tufte, North Dakota Department of Health, North Dakota (State)

Dates
In force from Apr. 10, 2020 to Sept. 23, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Quarantine and isolation
Functions reached
WF workforce (fourteen-day removals by operation of law); HR
Grade
Primary source read
Days in this quarter
82 (in force on the last day)

All subject persons... who are identified by the Department of Health as a household contact of an individual who has tested positive for 2019-nCoV/COVID-19 are subject to quarantine immediately upon receiving notification from the Department of Health and for a period of fourteen days since last contact with the contagious individual. The place of confinement... is the subject person's home or residence, including hotels, motels, rented lodging, shelters, and similar facilities... ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS, AS DEFINED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, ARE EXEMPT FROM THIS ORDER SO LONG AS THEY REMAIN ASYMPTOMATIC

Enforcement: Class B misdemeanor, N.D.C.C. § 23-07.6-02(3); infraction, N.D.C.C. § 23-07-21(1)

Citation: State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-06 (Apr. 10, 2020) (Ex. ND-026) Open the exhibit

Ex. ND-029
Executive Order 2020-12.1

Workers' compensation eligibility for COVID-19 extended to funeral directors and funeral home employees handling decedents who tested positive

Governor Doug Burgum, North Dakota (State)

Dates
In force from Apr. 16, 2020 to Feb. 22, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Health care ordersOther
Functions reached
FH funeral homes; WF
Grade
Primary source read
Days in this quarter
76 (in force on the last day)

hereby orders that the eligibility for workers' compensation benefits provided in Executive Order 2020-12 be extended to funeral directors and other individuals employed in funeral homes, who provide for the care, removal and final disposition of the deceased

Enforcement: Suspension of Title 65 provisions

Citation: Governor Doug Burgum, Executive Order 2020-12.1 (Apr. 16, 2020) (Ex. ND-029) Open the exhibit

Ex. ND-030
Executive Order 2020-29

Suspension of Medicaid and human-services statutes necessary to operate the Medicaid State Plan disaster amendments, Appendix K and the section 1135 waiver

Governor Doug Burgum, North Dakota (State)

Dates
In force from Apr. 17, 2020 to Apr. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Health care orders
Functions reached
CB payers (Medicaid); HC in-home visits; IN intake and eligibility
Grade
Primary source read
Days in this quarter
75 (in force on the last day)

hereby temporarily suspends the following provisions of North Dakota law: 1. Those provisions under North Dakota Century Code Chapters 50-06.2, 50-11, 50-24.1, 50-24.4, 50-24.5, and 50-29 and related sections of the North Dakota Administrative Code, necessary for the operation of the Medicaid State Plan disaster amendments, Appendix K and the provisions of the 1135 Waiver issued by the Centers for Medicare and Medicaid Services.

Enforcement: Suspension of statutes and rules

Citation: Governor Doug Burgum, Executive Order 2020-29 (Apr. 17, 2020) (Ex. ND-030) Open the exhibit

Ex. ND-032
Executive Order 2020-21.2

Isolation and quarantine of positives and household contacts as directed by State Health Officer orders (re-issued without the ch. 23-07.6 recital)

Governor Doug Burgum, North Dakota (State)

Dates
In force from Apr. 21, 2020 to Apr. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Quarantine and isolation
Functions reached
WF; HR
Grade
Primary source read
Days in this quarter
71 (in force on the last day)

Effective immediately, all individuals who tested positive for COVID-19 ('infected individual') are ordered to self-isolate in their place of residence, as directed by order of the State Health Officer.... Individuals under a self-isolation or self-quarantine order may only leave their place of residence with prior approval, or at the direction, of the Department of Health.

Enforcement: N.D.C.C. § 37-17.1-05(2); State Health Officer orders carry N.D.C.C. § 23-07.6-02(3) and § 23-07-21(1) penalties

Citation: Governor Doug Burgum, Executive Order 2020-21.2 (Apr. 21, 2020) (Ex. ND-032) Open the exhibit

Ex. ND-033
State Health Officer Order 2020-07

COVID-19 declared a 'post-mortem communicable disease'; N.D. Admin. Code ch. 33-05-02 applies to every death diagnosed as or suspected to be COVID-19

State Health Officer Mylynn Tufte, North Dakota Department of Health, North Dakota (State)

Dates
In force from Apr. 26, 2020 to Apr. 22, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Health care ordersWorkplace rules
Functions reached
FH funeral homes (handling, embalming and disposition protocols); EMP
Grade
Primary source read
Days in this quarter
66 (in force on the last day)

For purposes of the application of North Dakota Administrative Code chapter 33-05-02, 2019-nCoV/COVID-19 is hereby declared a 'post-mortem communicable disease.' North Dakota Administrative Code chapter 33-05-02 shall be applied in all situations where a person who dies has been diagnosed with, or is suspected as having, 2019-nCoV/COVID-19.

Enforcement: Infraction, N.D.C.C. § 23-07-21(1)

Citation: State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Order 2020-07 (Apr. 26, 2020) (Ex. ND-033) Open the exhibit

Ex. ND-040
Executive Order 2020-04.2

School facilities may offer on-site summer programs from June 1, 2020 under the DPI K-12 Smart Restart health and safety guidelines; buildings open May 15-30 to retrieve property

Governor Doug Burgum, North Dakota (State)

Dates
In force from May 11, 2020 to May 19, 2020
Quarters
2020 Q2
Limitations
Schools and child care
Functions reached
IN; EC child care programs in schools; AC athletics and activities
Grade
Primary source read
Days in this quarter
9

At the discretion of school superintendents, in consultation with local school boards, public and non-public school facilities may offer on-site summer programs as identified in this order, provided the school district strictly adhere to the Department of Public Instruction's ND K-12 Smart Restart Guidelines: Health & Safety Logistics.

Enforcement: N.D.C.C. § 37-17.1-05(2)

Citation: Governor Doug Burgum, Executive Order 2020-04.2 (May 11, 2020) (Ex. ND-040) Open the exhibit

Ex. ND-044
Executive Order 2020-04.3

School buildings may be used for limited summer programs and testing under DPI K-12 Smart Restart guidelines and the Standards for All Industries

Governor Doug Burgum, North Dakota (State)

Dates
In force from May 19, 2020 to Dec. 18, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Schools and child care
Functions reached
IN; EC; AC
Grade
Primary source read
Days in this quarter
43 (in force on the last day)

Any other limited program or limited building use determined necessary, safe and appropriate by school superintendents, in consultation with local school boards, provided the school district strictly adhere to the Department of Public Instruction's ND K-12 Smart Restart Guidelines: Health & Safety Logistics as well as the ND Smart Restart: Standards For All Industries.

Enforcement: N.D.C.C. § 37-17.1-05(2)

Citation: Governor Doug Burgum, Executive Order 2020-04.3 (May 19, 2020) (Ex. ND-044) Open the exhibit

Ex. ND-045
Executive Order 2020-06.7

ND Smart Restart standards become 'strongly encouraged' for every industry; State Capitol and State facilities reopen to the public June 1, 2020 subject to wellness screening; State employees may return to work June 1 as directed by agency leaders

Governor Doug Burgum, North Dakota (State)

Dates
In force from May 22, 2020 to Feb. 22, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Telework mandateCourts and public officesWorkplace rulesOther
Functions reached
all sectors (end of mandatory conditions); OF State telework ends as a mandate; CRT State offices reopen with screening
Grade
Primary source read
Days in this quarter
40 (in force on the last day)

Effective immediately, restaurants, bars, breweries, distilleries, food trucks and cafes are strongly encouraged to adopt and rigorously follow the ND Smart Restart: Standards For All Industries and the ND Smart Restart industry-specific standards... Effective immediately, all other North Dakota businesses and industries are strongly encouraged to adopt and rigorously follow the ND Smart Restart: Standards For All Industries.... 10. Effective June 1, 2020, the North Dakota State Capitol and other state facilities will be accessible to the public, subject to the ND Smart Restart state facility protocols. Anyone coming into the State Capitol or other state facility will be subject to a wellness screening. Public tours at the Capitol building will remain closed until further notice. 11. Effective June 1, 2020, as directed by State Agency Leaders, state employees who have been teleworking…

Enforcement: Infraction and $1,000 fine recited for the executive order's mandatory terms (State facility protocols and screening); the industry standards themselves became recommendations

Citation: Governor Doug Burgum, Executive Order 2020-06.7 (May 22, 2020) (Ex. ND-045) Open the exhibit

Ex. ND-048
Executive Order 2020-22.1

Long-term care visitation may resume only under the phased approach of the Vulnerable Population Protection Plan (ND Smart Restart: VP3); restrictions on non-essential personnel and volunteers removed only by phase; applies to all long-term care facilities including assisted living

Governor Doug Burgum, North Dakota (State)

Dates
In force from June 5, 2020 to Mar. 12, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Health care orders
Functions reached
VS visitation; RS residential care (transfer, testing, cohorting protocols); HC vendors and contractors as non-essential personnel
Grade
Primary source read
Days in this quarter
26 (in force on the last day)

It is hereby ordered: the current restrictions on visitation in skilled nursing and basic care facilities are modified; visitation in skilled nursing and basic care facilities may resume under a phased approach, based upon factors outlined in ND Smart Restart: Vulnerable Population Protection Plan (ND Smart Restart: VP3). The phased approach to visitation in ND Smart Restart: VP3 applies to all long-term care facilities in North Dakota, including Assisted Living Facilities. The restrictions on non-essential personnel and volunteer staff serving long-term care facilities will be removed based upon the phased approach outlined in ND Smart Restart: VP3.

Enforcement: N.D.C.C. § 37-17.1-05(2)

Citation: Governor Doug Burgum, Executive Order 2020-22.1 (June 5, 2020) (Ex. ND-048) Open the exhibit

Ex. ND-049
Executive Order 2020-36

Driver's licenses and motor vehicle registrations expired on or after March 1, 2020 to be recognized through August 31, 2020 (NDDOT backlog after appointment-only operations)

Governor Doug Burgum, North Dakota (State)

Dates
In force from June 23, 2020 to Aug. 31, 2020
Quarters
2020 Q22020 Q3
Limitations
Courts and public offices
Functions reached
DM motor-vehicle offices; FI dealer finance and titling; CL consumer lending (identity documents)
Grade
Primary source read
Days in this quarter
8 (in force on the last day)

Through August 31, 2020, all North Dakota law enforcement agencies and private sector businesses operating in this state are hereby directed to recognize any North Dakota driver's license or North Dakota motor vehicle registration that expired on or after March 1, 2020.

Enforcement: Directive under N.D.C.C. ch. 37-17.1

Citation: Governor Doug Burgum, Executive Order 2020-36 (June 23, 2020) (Ex. ND-049) Open the exhibit

Agencies, boards and authorities: North Dakota

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

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

Federal layer

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332
General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-333
General Order 72-6

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563 and F880 survey enforcement

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

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

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

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

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

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

Enforcement: same as FED-027

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

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

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-202
Proclamation 9993

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-203
Proclamation 9996

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

President Donald J. Trump, United States (Federal)

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

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

Enforcement: Sec. 3 implementation by State and DHS

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

Ex. FED-311
Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

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

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

Enforcement: court order

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

Ex. FED-367
Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

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

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

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

Enforcement: VA program guidance to participants

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

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

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

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

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

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

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

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

Ex. FED-070
Executive Order 13909

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

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

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

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

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

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

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

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

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

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

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

Enforcement: OMB directive to awarding agencies

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

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

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

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

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

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

Enforcement: order of the Court

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

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

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

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

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

Enforcement: USDA program requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: 42 U.S.C. § 271

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

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

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

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

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

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

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

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

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

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

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

State of North Dakota

Ex. ND-053
Governor's release, 'Burgum announces changes to COVID-19 risk levels for counties, appoints Mariani interim state health officer' (Sept. 3, 2020)

Eight counties (Barnes, Benson, Burleigh, Grand Forks, McLean, Morton, Stark, Williams) moved to moderate (yellow) risk effective Sept. 4, 2020, 5 p.m.: recommended capacity for bars and restaurants falls from 75 to 50 percent; large gatherings from 75 percent/500 to 50 percent/250

Office of Governor Doug Burgum (news release), North Dakota (State)

Dates
In force from Sept. 4, 2020 to Oct. 14, 2020 (issued Sept. 3, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capOther
Functions reached
DR; BQ; MC; GATH
Grade
Primary source read
Days in this quarter
27 (in force on the last day)

For those moving from low risk to moderate risk, the recommendation for capacity in bars and restaurants decreases from 75 percent to 50 percent and the recommendation for large gatherings would decrease from 75 percent occupancy up to 500 attendees, to 50 percent occupancy up to 250 attendees.

Enforcement: Recommendations

Citation: Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces changes to COVID-19 risk levels for counties, appoints Mariani interim state health officer' (Sept. 3, 2020) (Ex. ND-053) Open the exhibit

Ex. ND-050
Executive Order 2020-08.2

Unemployment work-registration and work-search requirements restored from July 26, 2020; employer non-charging for COVID-19-related benefits continued

Governor Doug Burgum, North Dakota (State)

Dates
In force from July 26, 2020 to Dec. 31, 2020 (issued July 8, 2020)
Quarters
2020 Q32020 Q4
Limitations
Other
Functions reached
WF
Grade
Primary source read
Days in this quarter
67 (in force on the last day)

Effective July 26, 2020, the provision in Executive Order 2020-08.1, suspending the work registration requirement for individuals whose unemployment is related to COVID-19 is rescinded; on and after July 26, 2020, all individuals seeking unemployment, including individuals whose unemployment is related to COVID-19, must register for work as required under NDCC § 52-06-01 (2).

Enforcement: Suspension and restoration of statutory requirements

Citation: Governor Doug Burgum, Executive Order 2020-08.2 (July 8, 2020) (Ex. ND-050) Open the exhibit

Ex. ND-052
Executive Order 2020-36.1

Phased driver's license renewal schedule (September 30, October 31, November 30, December 31, 2020) for licenses expired since March 1, 2020; expired licenses recognized as valid until each deadline

Governor Doug Burgum, North Dakota (State)

Dates
In force from Aug. 10, 2020 to Dec. 31, 2020
Quarters
2020 Q32020 Q4
Limitations
Courts and public offices
Functions reached
DM; HR (CDL and identity verification)
Grade
Primary source read
Days in this quarter
52 (in force on the last day)

citizens with a driver's license that expired after March 1, 2020, or a license that will expire by December 31, 2020 are directed to complete driver's license renewals according to the schedule below. North Dakota Law Enforcement Agencies and private sector businesses operating in this state are directed to recognize any North Dakota driver's license that expired after March 1, 2020... as valid, based upon the renewal schedule below.

Enforcement: Directive

Citation: Governor Doug Burgum, Executive Order 2020-36.1 (Aug. 10, 2020) (Ex. ND-052) Open the exhibit

Ex. ND-054
Executive Order 2020-40

'Patient-based' requirement for dental clinical competency examinations suspended for initial dentist licensure

Governor Doug Burgum (for the Board of Dental Examiners), North Dakota (Sector regulator)

Dates
In force from Sept. 3, 2020 to Apr. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Health care ordersOther
Functions reached
HR credentialing (dental); PR procedures (live-patient examinations unavailable)
Grade
Primary source read
Days in this quarter
28 (in force on the last day)

hereby suspends the 'patient-based' requirement for clinical competency examinations for applicants seeking initial dentist licensure from the North Dakota Board of Dental Examiners, pursuant to N.D.A.C. 20-02-01-03.1 (2).

Enforcement: Suspension of rule

Citation: Governor Doug Burgum (for the Board of Dental Examiners), Executive Order 2020-40 (Sept. 3, 2020) (Ex. ND-054) Open the exhibit

Ex. ND-055
Executive Order 2020-42

Ten-consecutive-day limit on interim substitute teachers suspended where regularly licensed substitutes are short; K-12 education 'may be provided in a face-to-face, virtual, or a hybrid format'

Governor Doug Burgum, North Dakota (State)

Dates
In force from Sept. 3, 2020 to Apr. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Schools and child careWorkplace rules
Functions reached
HR (school staffing); IN; WF
Grade
Primary source read
Days in this quarter
28 (in force on the last day)

hereby suspends the 'ten consecutive days' limitation under North Dakota Administrative Code § 67.1-02-04-02, to allow an Interim Licensed Substitute Teacher to remain in a classroom without limitation, where a shortage of regularly licensed substitute teachers exists.

Enforcement: Suspension of rule

Citation: Governor Doug Burgum, Executive Order 2020-42 (Sept. 3, 2020) (Ex. ND-055) Open the exhibit

Ex. ND-056
State Health Officer Order 2020-02.4

Revocation of Confinement Order 2020-02.3 (July 28, 2020; quarantine after international travel); persons quarantined for international travel released

Interim State Health Officer Paul Mariani, M.D., North Dakota Department of Health, North Dakota (State)

Dates
In force from Sept. 21, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Travel and quarantineQuarantine and isolation
Functions reached
TR travel; TV
Grade
Primary source read
Days in this quarter
10 (in force on the last day)

This Order revokes Order # 2020-02.3: State Health Officer Confinement Order Relating to Disease Control Measures to Prevent the Spread of 2019-nCoV/COVID-19 Pursuant to North Dakota Century Code 23-1-05(12), dated July 28, 2020. The Order is effective upon execution by the State Health Officer. Any person subject to State Health Officer Confinement Order # 2020-02.3 as a result of international travel is hereby released from quarantine.

Enforcement: n/a

Citation: Interim State Health Officer Paul Mariani, M.D., North Dakota Department of Health, State Health Officer Order 2020-02.4 (Sept. 21, 2020) (Ex. ND-056) Open the exhibit

Ex. ND-057
State Health Officer Confinement Order 2020-06.1

Fourteen-day quarantine of all close contacts (within six feet for a cumulative fifteen minutes in 24 hours) of positive individuals; essential critical infrastructure workers exempt while asymptomatic

Interim State Health Officer Paul Mariani, M.D., North Dakota Department of Health, North Dakota (State)

Dates
In force from Sept. 23, 2020 to Sept. 26, 2020
Quarters
2020 Q3
Limitations
Quarantine and isolation
Functions reached
WF (close-contact removals in every workplace and school); HR
Grade
Primary source read
Days in this quarter
4

ALL PERSONS IN THE STATE OF NORTH DAKOTA WHO HAVE BEEN IDENTIFIED BY THE DEPARTMENT OF HEALTH AS A CLOSE CONTACT OF AN INDIVIDUAL WHO HAS TESTED POSITIVE... A CLOSE CONTACT IS SOMEONE WHO WAS WITHIN SIX FEET OF AN INFECTED PERSON WHEN THE CUMMULATIVE EXPOSURE EQUALS FIFTEEN MINUTES WITHIN A 24 HOUR PERIOD... are subject to quarantine immediately upon receiving notification from the Department of Health and for a period of fourteen days since last contact with the contagious individual.

Enforcement: Class B misdemeanor, N.D.C.C. § 23-07.6-02(3); infraction, N.D.C.C. § 23-07-21(1)

Citation: Interim State Health Officer Paul Mariani, M.D., North Dakota Department of Health, State Health Officer Confinement Order 2020-06.1 (Sept. 23, 2020) (Ex. ND-057) Open the exhibit

Ex. ND-058
State Health Officer Order 2020-06.2

Revocation of Order 2020-06.1 (close-contact quarantine); persons subject to it released

State Health Officer Dirk D. Wilke, J.D., M.B.A., North Dakota Department of Health, North Dakota (State)

Dates
In force from Sept. 26, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Quarantine and isolation
Functions reached
WF
Grade
Primary source read
Days in this quarter
5 (in force on the last day)

This Order revokes Order # 2020-06.1 State Health Officer Confinement Order Relating to Disease Control Measures to Prevent the Spread of 2019-nCoV/COVID-19 Pursuant to North Dakota Century Code 23-1-05(12), dated September 26, 2020. This Order is effective upon execution by the State Health Officer. Any person subject to State Health Officer Confinement Order # 2020-06.1 is hereby released from quarantine.

Enforcement: n/a

Citation: State Health Officer Dirk D. Wilke, J.D., M.B.A., North Dakota Department of Health, State Health Officer Order 2020-06.2 (Sept. 26, 2020) (Ex. ND-058) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. ND-041Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041)In force from May 15, 2020 to Jan. 18, 2021Capacity limitGathering capOther
Ex. ND-046Department of Commerce and State Health Officer (ND Smart Restart), ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020) (Ex. ND-046)In force from May 29, 2020 to Jan. 18, 2021Capacity limitGathering capEvents and venues
Ex. ND-047Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces move to next phase of ND Smart Restart plan' (May 29, 2020) (Ex. ND-047)In force from June 1, 2020 to Sept. 3, 2020 (issued May 29, 2020)Capacity limitGathering capOther
Ex. ND-085North Dakota Supreme Court (Jensen, C.J.), Administrative Order 25, Coronavirus Pandemic (Declaration of Judicial Emergency), adopted March 16, 2020, amended March 17, April 15, May 20 and June 9, 2020 (text as amended June 9, 2020) (Mar. 16, 2020) (Ex. ND-085)In force from Mar. 16, 2020 to July 1, 2020Gathering capCourts and public offices
Ex. ND-086North Dakota Court System (Supreme Court and presiding judges), North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived April 17, 2020) (Apr. 17, 2020) (Ex. ND-086)In force from Mar. 16, 2020 to Sept. 30, 2020 (issued Apr. 17, 2020)Gathering capCourts and public offices
Ex. ND-016Governor Doug Burgum, Executive Order 2020-16 (Mar. 30, 2020) (Ex. ND-016)In force from Mar. 30, 2020 to Apr. 30, 2021Gathering capCourts and public offices
Ex. ND-023Governor Doug Burgum, Executive Order 2020-25 (Apr. 8, 2020) (Ex. ND-023)In force from Apr. 8, 2020 to Feb. 19, 2021Gathering capCourts and public offices
Ex. ND-001Governor Doug Burgum, Executive Order 2020-03 (Mar. 13, 2020) (Ex. ND-001)In force from Mar. 13, 2020 to Apr. 30, 2021Emergency declaration
Ex. ND-008Governor Doug Burgum, Executive Order 2020-08 (Mar. 20, 2020) (Ex. ND-008)In force from Mar. 13, 2020 to Dec. 31, 2020 (issued Mar. 20, 2020)Other
Ex. ND-004Governor Doug Burgum, Executive Order 2020-05 (Mar. 19, 2020) (Ex. ND-004)In force from Mar. 19, 2020 to Feb. 22, 2021Health care ordersOther
Ex. ND-006Governor Doug Burgum, Executive Order 2020-05.1 (Mar. 20, 2020) (Ex. ND-006)In force from Mar. 20, 2020 to Apr. 30, 2021Health care ordersOther
Ex. ND-009Governor Doug Burgum, Executive Order 2020-09 (Mar. 21, 2020) (Ex. ND-009)In force from Mar. 21, 2020 to Apr. 30, 2021Health care orders
Ex. ND-010Governor Doug Burgum, Executive Order 2020-10 (Mar. 22, 2020) (Ex. ND-010)In force from Mar. 22, 2020 to May 1, 2020Schools and child care
Ex. ND-011Governor Doug Burgum, Executive Order 2020-11 (Mar. 24, 2020) (Ex. ND-011)In force from Mar. 24, 2020 to Dec. 18, 2020Courts and public officesSupply chain
Ex. ND-012Governor Doug Burgum, Executive Order 2020-14 (Mar. 26, 2020) (Ex. ND-012)In force from Mar. 26, 2020 to Apr. 9, 2020Emergency declarationTravel and quarantineQuarantine and isolation
Ex. ND-015Governor Doug Burgum, Executive Order 2020-10.1 (Mar. 30, 2020) (Ex. ND-015)In force from Mar. 30, 2020 to Dec. 18, 2020Schools and child care
Ex. ND-018Governor Doug Burgum, North Dakota EO 2020-20 (Apr. 3, 2020; to Apr. 30, 2021) (Ex. ND-018)In force from Apr. 3, 2020 to Apr. 30, 2021Health care ordersWorkplace rules
Ex. ND-019Governor Doug Burgum, Executive Order 2020-21 (Apr. 6, 2020) (Ex. ND-019)In force from Apr. 6, 2020 to Apr. 21, 2020Quarantine and isolation
Ex. ND-020Governor Doug Burgum, Executive Order 2020-22 (Apr. 6, 2020) (Ex. ND-020)In force from Apr. 6, 2020 to June 5, 2020Health care orders
Ex. ND-022State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-05 (Apr. 8, 2020) (Ex. ND-022)In force from Apr. 8, 2020 to May 23, 2020Quarantine and isolation
Ex. ND-024Governor Doug Burgum, Executive Order 2020-14.1 (Apr. 9, 2020) (Ex. ND-024)In force from Apr. 9, 2020 to Apr. 30, 2021Emergency declarationQuarantine and isolation
Ex. ND-025Governor Doug Burgum, Executive Order 2020-21.1 (Apr. 10, 2020) (Ex. ND-025)In force from Apr. 10, 2020 to Apr. 21, 2020Quarantine and isolation
Ex. ND-026State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-06 (Apr. 10, 2020) (Ex. ND-026)In force from Apr. 10, 2020 to Sept. 23, 2020Quarantine and isolation
Ex. ND-029Governor Doug Burgum, Executive Order 2020-12.1 (Apr. 16, 2020) (Ex. ND-029)In force from Apr. 16, 2020 to Feb. 22, 2021Health care ordersOther
Ex. ND-030Governor Doug Burgum, Executive Order 2020-29 (Apr. 17, 2020) (Ex. ND-030)In force from Apr. 17, 2020 to Apr. 30, 2021Health care orders
Ex. ND-032Governor Doug Burgum, Executive Order 2020-21.2 (Apr. 21, 2020) (Ex. ND-032)In force from Apr. 21, 2020 to Apr. 30, 2021Quarantine and isolation
Ex. ND-033State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Order 2020-07 (Apr. 26, 2020) (Ex. ND-033)In force from Apr. 26, 2020 to Apr. 22, 2021Health care ordersWorkplace rules
Ex. ND-044Governor Doug Burgum, Executive Order 2020-04.3 (May 19, 2020) (Ex. ND-044)In force from May 19, 2020 to Dec. 18, 2020Schools and child care
Ex. ND-045Governor Doug Burgum, Executive Order 2020-06.7 (May 22, 2020) (Ex. ND-045)In force from May 22, 2020 to Feb. 22, 2021Telework mandateCourts and public officesWorkplace rulesOther
Ex. ND-048Governor Doug Burgum, Executive Order 2020-22.1 (June 5, 2020) (Ex. ND-048)In force from June 5, 2020 to Mar. 12, 2021Health care orders
Ex. ND-049Governor Doug Burgum, Executive Order 2020-36 (June 23, 2020) (Ex. ND-049)In force from June 23, 2020 to Aug. 31, 2020Courts and public offices

Agencies, boards and authorities: North Dakota

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

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

Federal layer

Ex. FED-031
CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

Ex. FED-303
Standing Order 20-17

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

Enforcement: OMB directive to contracting officers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

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

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

State of North Dakota

Ex. ND-059
Governor's release, 'Burgum announces changes to county risk levels, recommended gathering sizes to slow COVID-19' (Oct. 14, 2020)

Revised ND Smart Restart guidelines effective Oct. 16, 2020, 5 p.m.: Critical (red) non-essential businesses closed; High (orange) 25 percent occupancy, cap 50; Moderate (yellow) 50 percent occupancy, cap 100; Low (green) 75 percent, cap 200; sixteen counties moved to high risk

Office of Governor Doug Burgum (news release), North Dakota (State)

Dates
In force from Oct. 16, 2020 to Nov. 16, 2020 (issued Oct. 14, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capOther
Functions reached
DR; BQ; MC; SF; GATH
Grade
Primary source read
Days in this quarter
32

Effective 5 p.m. Friday, Oct. 16, the updated ND Smart Restart guidelines are as follows for counties under these risk designations: Critical (red): Non-essential businesses closed; High (orange): 25% occupancy with a cap of 50 people (changed from non-essential businesses closed); encourage businesses to require face coverings; Moderate (yellow): 50% occupancy with a cap of 100 people (down from 250); encourage businesses to require face coverings; Low (green): 75% occupancy with a cap of 200 people (down from 500); New Normal (blue): operate as usual.... Larger indoor and outdoor gatherings are permitted if approved by community leaders and the local health authority.

Enforcement: Recommendations; 'the ND Smart Restart recommendations are intended to supplement and not replace local requirements'

Citation: Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces changes to county risk levels, recommended gathering sizes to slow COVID-19' (Oct. 14, 2020) (Ex. ND-059) Open the exhibit

Ex. ND-063
Governor's release, 'Burgum announces new requirements for businesses, gatherings and masks, delays winter activities' (Nov. 13, 2020)

Announcement of the statewide mask requirement and the capacity, hours and activity limits effective Nov. 14 and 16, 2020, 'to protect the vulnerable, ensure hospital capacity and keep schools and the economy open'

Office of Governor Doug Burgum (news release), North Dakota (State)

Dates
In force from Nov. 14, 2020 to Dec. 31, 2020 (issued Nov. 13, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hours
Functions reached
all hospitality and event functions; EMP
Grade
Primary source read
Days in this quarter
48 (in force on the last day)

Gov. Doug Burgum tonight announced several mitigation measures aimed at slowing the accelerating spread of COVID-19 in North Dakota in order to protect the vulnerable, ensure hospital capacity and keep schools and the economy open.

Enforcement: See the underlying orders

Citation: Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces new requirements for businesses, gatherings and masks, delays winter activities' (Nov. 13, 2020) (Ex. ND-063) Open the exhibit

Ex. ND-065
Executive Order 2020-43.1

Amended winter limits: dance areas closed and seated-service rule added for bars and restaurants; team practices suspended to Nov. 30 and competitions to Dec. 14, 2020; collegiate activities under NDUS guidance

Governor Doug Burgum, North Dakota (State)

Dates
In force from Nov. 19, 2020 to Dec. 10, 2020
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venues
Functions reached
DR; BA; BQ; SP; AC; CL classes
Grade
Primary source read
Days in this quarter
22

Effective 12:01 a.m. November 16, 2020, in-person activities, including competitive events and contests, for all high school winter sports and all association, community, and club sports for youth and adults are suspended until December 14, 2020; all team practices are suspended until November 30, 2020... Dance areas must be closed... In-person dining and service may be conducted between the hours of 4:00 a.m. and 10:00 p.m.

Enforcement: Force and effect of law; all law enforcement officers directed to enforce

Citation: Governor Doug Burgum, Executive Order 2020-43.1 (Nov. 19, 2020) (Ex. ND-065) Open the exhibit

Ex. ND-067
Executive Order 2020-43.2 (Corrected)

Venue (25 percent) and bar-restaurant (50 percent, 150 cap, 10:00 p.m. close, dance areas closed) limits extended to 8:00 a.m. January 8, 2021; sports and activity suspensions to Nov. 30 and Dec. 14, 2020 restated

Governor Doug Burgum, North Dakota (State)

Dates
In force from Dec. 10, 2020 to Jan. 8, 2021
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venues
Functions reached
DR; BA; BQ; MC; SP; AC
Grade
Primary source read
Days in this quarter
22 (in force on the last day)

The requirements defined in Section (1) (a)-(h), above, will remain in effect until 8:00 a.m., Friday, January 8, 2021.... Effective November 16, 2020, occupancy of bars, restaurants and food service establishments is limited to 50% of the licensed seating capacity, not to exceed a maximum of 150 patrons;... Dance areas must be closed;... In-person dining and service may be conducted between the hours of 4:00 a.m. and 10:00 p.m.;... The requirements defined under Section (2) (a)-(h), above, will remain in effect until 8:00 a.m., Friday, January 8, 2021.

Enforcement: Force and effect of law under N.D.C.C. § 37-17.1-05(2); all law enforcement officers directed to enforce

Citation: Governor Doug Burgum, Executive Order 2020-43.2 (Corrected) (Dec. 10, 2020) (Ex. ND-067) Open the exhibit

Ex. ND-070
Executive Order 2020-43.3

In-person dining and service may resume normal business hours from 8:00 a.m. December 22, 2020; 50 percent/150 and 25 percent limits, seated service, closed dance areas and masks continue to January 8, 2021

Governor Doug Burgum, North Dakota (State)

Dates
In force from Dec. 22, 2020 to Jan. 8, 2021 (issued Dec. 21, 2020)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venues
Functions reached
DR; BA; BQ
Grade
Primary source read
Days in this quarter
10 (in force on the last day)

Effective at 8:00 a.m., December 22, 2020, in-person dining and service may resume under normal business hours, consistent with local and state requirements;... The requirements defined under Section (2) (a)-(j), above, will remain in effect until 8:00 a.m., Friday, January 8, 2021.

Enforcement: Force and effect of law; all law enforcement officers directed to enforce

Citation: Governor Doug Burgum, Executive Order 2020-43.3 (Dec. 21, 2020) (Ex. ND-070) Open the exhibit

Ex. ND-087
North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived December 1, 2020)

Court system's summary as of December 2020: AO 33 Face Coverings; AO 25 amended through June 9, 2020; district orders suspending jury trials in the fall surge (NEJD Nov. 20, SWJD Nov. 24, SCJD Nov. 25, 2020), Cass County face-mask policy (June 3, 2020), electronic-hearing procedures

North Dakota Court System (Supreme Court and presiding judges of the judicial districts), North Dakota (Court)

Dates
In force from Nov. 20, 2020 to Mar. 31, 2021 (issued Dec. 1, 2020)
Quarters
2020 Q42021 Q1
Limitations
Gathering capFace-covering requirementCourts and public offices
Functions reached
CT courts (second jury-trial suspension in the fall of 2020 in the Northeast, Southwest and South Central districts); EMP courthouse mask rules
Grade
Primary source read
Days in this quarter
42 (in force on the last day)

ADMINISTRATIVE ORDER 33 - Face Coverings... SCJD Order Continuing Jury Trials - Dated November 25, 2020; SWJD Order Suspending Jury Trials - Dated November 24, 2020; NEJD Order Suspending Jury Trials - Dated November 20, 2020... ECJD Cass County Policy on Face Masks Dated June 3, 2020

Enforcement: Supreme Court and presiding-judge orders

Citation: North Dakota Court System (Supreme Court and presiding judges of the judicial districts), North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived December 1, 2020) (Dec. 1, 2020) (Ex. ND-087) Open the exhibit

Ex. ND-088
Fargo Board of City Commissioners, Regular Meeting minutes of October 19, 2020: Mayoral mask mandate issued under emergency powers; Resolution Extending the Moratorium Pertaining to the Retail Sale of Alcoholic Beverages tied to the State of Emergency

Fargo citywide mask mandate: 'every person within the City shall wear a face covering over the mouth and nose in all indoor environments where a person is exposed to non-household members and where social distancing of six feet or more cannot be assured, and in all outdoor settings where there is exposure to non-household members unless there exists ample space of six feet or more'; no penalty; effective immediately until the City's State of Emergency ends

Mayor Timothy Mahoney (under the Mayoral Declaration of a State of Emergency of March 16, 2020, as approved and extended by the Board of City Commissioners); Fargo Board of City Commissioners, City of Fargo, Cass County, North Dakota (City)

Dates
In force from Oct. 19, 2020 to Mar. 31, 2021
Quarters
2020 Q42021 Q1
Limitations
Emergency declarationFace-covering requirementAlcohol and bars
Functions reached
EMP every Fargo workplace (mask duty); SF; CB; BA alcohol retail rules; predicate: City State of Emergency from March 16, 2020
Grade
Primary source read
Days in this quarter
74 (in force on the last day)

He said on March 16, 2020, he issued a Mayoral Declaration to denote a State of Emergency in the City as a result of the COVID-19 pandemic, which has since been approved and extended by the City Commission. On July 27, 2020, he said, the City Commission approved a motion directing the public to wear masks where and when appropriate and encouraging businesses to adopt policies prohibiting entry without the wearing of masks.... Therefore, he said, under emergency powers, he is issuing a mask mandate to every person, family, business and store in the City to adopt appropriate measures accordingly. He said those measures include: every person within the City shall wear a face covering over the mouth and nose in all indoor environments where a person is exposed to non-household members and where social distancing of six feet or more cannot be assured, and in all outdoor settings where there…

Enforcement: 'there is no penalty for non-compliance' (mandate under emergency powers); alcohol moratorium extension adopted by resolution

Citation: Mayor Timothy Mahoney (under the Mayoral Declaration of a State of Emergency of March 16, 2020, as approved and extended by the Board of City Commissioners); Fargo Board of City Commissioners, Fargo Board of City Commissioners, Regular Meeting minutes of October 19, 2020: Mayoral mask mandate issued under emergency powers; Resolution Extending the Moratorium Pertaining to the Retail Sale of Alcoholic Beverages tied to the State of Emergency (Oct. 19, 2020) (Ex. ND-088) Open the exhibit

Ex. ND-060
State Health Officer Confinement Order 2020-05.2

Isolation of all positives for at least ten days after symptom onset and 24 hours fever-free; asymptomatic positive health care workers exempt solely to work in a COVID unit of a licensed facility with CDC and Department precautions

State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health, North Dakota (State)

Dates
In force from Nov. 9, 2020 to Apr. 22, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Health care ordersQuarantine and isolation
Functions reached
WF; IP inpatient staffing (positive staff permitted in COVID units); HR
Grade
Primary source read
Days in this quarter
53 (in force on the last day)

HEALTH CARE WORKERS ARE EXEMPT FROM THIS ORDER SOLEY FOR PURPOSES OF WORKING IN A COVID UNIT WITHIN A LICENSED HEALTH CARE FACILITY AND PROVIDING SERVICES TO INDIVIDUALS WHO HAVE TESTED POSITIVE... SO LONG AS THEY REMAIN ASYMPTOMATIC... All subject persons... who test positive for 2019-nCoV/COVID-19, are subject to isolation immediately upon receiving positive test results and for at least ten (10) days after the onset of symptoms and twenty-four (24) hours after becoming fever free and with symptom improvement.

Enforcement: Class B misdemeanor, N.D.C.C. § 23-07.6-02(3); infraction, N.D.C.C. § 23-07-21(1)

Citation: State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health, State Health Officer Confinement Order 2020-05.2 (Nov. 9, 2020) (Ex. ND-060) Open the exhibit

Ex. ND-064
Grand Forks County Health Officer emergency order regarding masks (November 2020), as noticed on the City of Grand Forks Public Health 'Health Officer Orders' page

County health officer emergency mask order for Grand Forks County

Grand Forks County Health Officer (Grand Forks Public Health), Grand Forks County, North Dakota (County)

Dates
In force from Nov. 14, 2020 to Dec. 31, 2020 (issued Nov. 13, 2020)
Quarters
2020 Q4
Limitations
Face-covering requirement
Functions reached
EMP; SF; CB
Grade
Confirmed from a secondary source
Days in this quarter
48 (in force on the last day)

The Grand Forks County Health Officer has issued an emergency order regarding masks in GF County. CLICK HERE to view the order.

Citation: Grand Forks County Health Officer (Grand Forks Public Health), Grand Forks County Health Officer emergency order regarding masks (November 2020), as noticed on the City of Grand Forks Public Health 'Health Officer Orders' page (Nov. 13, 2020) (Ex. ND-064) Open the exhibit

Ex. ND-066
State Health Officer Order 2020-08.1

Statewide face-covering order re-issued and extended to January 18, 2021, 12:01 a.m.; same coverage, business duties and local-enhancement clause as Order 2020-08

State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health, North Dakota (State)

Dates
In force from Dec. 9, 2020 to Jan. 18, 2021
Quarters
2020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rules
Functions reached
EMP; SF; CB; SL
Grade
Primary source read
Days in this quarter
23 (in force on the last day)

Face coverings are required in indoor businesses and indoor public settings, as described in this Order. Face coverings must also be worn in outdoor business and public settings when it is not possible to maintain physical distancing.... Businesses must require that all persons, including their workers, customers, and visitors, wear face coverings as required by this Order.... This Order revokes and supersedes the Order # 2020-08... dated November 13, 2020. The requirements of this Order are effective upon execution of this Order by the State Health Officer and until January 18, 2021, at 12:01 AM.

Enforcement: Infraction, N.D.C.C. § 23-07-21(1)

Citation: State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health, State Health Officer Order 2020-08.1 (Dec. 9, 2020) (Ex. ND-066) Open the exhibit

Ex. ND-068
Executive Order 2020-44

Termination of thirty-one fulfilled COVID-19 executive orders (2020-04, 04.1, 06, 06.1, 06.2, 06.3, 06.4, 06.5, 06.6, 07, 08, 10, 10.1, 11, 13, 13.1, 15, 17, 19, 21, 23, 23.1, 24, 27, 28, 32, 32.1, 34, 43 and others), with the Governor's own description and dates of each

Governor Doug Burgum, North Dakota (State)

Dates
In force from Dec. 18, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Emergency declarationOther
Functions reached
chronology: the State's own dated inventory of its 2020 orders
Grade
Primary source read
Days in this quarter
14 (in force on the last day)

orders that the following Executive Orders have fulfilled the stated objectives and are hereby terminated, effective immediately.... 3. Executive Order 2020-06, issued March 19, 2020, restricted access to state facilities; limited access to on-site dining establishments and recreational facilities;... 20. Executive Order 2020-06.3, issued April 15, 2020, extended access restrictions for businesses and state facilities to April 30th; 21. Executive Order 2020-06.4, issued April 29, 2020, established 'ND Smart Restart', a set of operational protocols that provided COVID-impacted businesses a path to reopen by adopting appropriate mitigation measures

Enforcement: n/a

Citation: Governor Doug Burgum, Executive Order 2020-44 (Dec. 18, 2020) (Ex. ND-068) Open the exhibit

Ex. ND-069
Executive Order 2020-45

Minimum eight-vehicle sales requirement for automobile dealer license renewal suspended for the 2021 renewal period because 'the coronavirus pandemic significantly decreased the demand for new and used vehicles'

Governor Doug Burgum (for NDDOT Motor Vehicle Division), North Dakota (Sector regulator)

Dates
In force from Dec. 18, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Other
Functions reached
SR showroom and sales (State finding of decreased demand); DM licensing
Grade
Primary source read
Days in this quarter
14 (in force on the last day)

WHEREAS, the coronavirus pandemic significantly decreased the demand for new and used vehicles, resulting in approximately 50 automobile dealerships in North Dakota at risk of not meeting the minimum sales requirement (eight vehicles) under NDCC § 39-22-18.... the minimum motor vehicle sales requirement under NDCC § 39-22-18 will be temporarily suspended for the 2021 renewal period.

Enforcement: Suspension of statute

Citation: Governor Doug Burgum (for NDDOT Motor Vehicle Division), Executive Order 2020-45 (Dec. 18, 2020) (Ex. ND-069) Open the exhibit

Continuing in force from an earlier quarter of this report (32 instruments):

ExhibitCitationDatesLimitations
Ex. ND-041Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041)In force from May 15, 2020 to Jan. 18, 2021Capacity limitGathering capOther
Ex. ND-046Department of Commerce and State Health Officer (ND Smart Restart), ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020) (Ex. ND-046)In force from May 29, 2020 to Jan. 18, 2021Capacity limitGathering capEvents and venues
Ex. ND-053Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces changes to COVID-19 risk levels for counties, appoints Mariani interim state health officer' (Sept. 3, 2020) (Ex. ND-053)In force from Sept. 4, 2020 to Oct. 14, 2020 (issued Sept. 3, 2020)Capacity limitGathering capOther
Ex. ND-016Governor Doug Burgum, Executive Order 2020-16 (Mar. 30, 2020) (Ex. ND-016)In force from Mar. 30, 2020 to Apr. 30, 2021Gathering capCourts and public offices
Ex. ND-023Governor Doug Burgum, Executive Order 2020-25 (Apr. 8, 2020) (Ex. ND-023)In force from Apr. 8, 2020 to Feb. 19, 2021Gathering capCourts and public offices
Ex. ND-001Governor Doug Burgum, Executive Order 2020-03 (Mar. 13, 2020) (Ex. ND-001)In force from Mar. 13, 2020 to Apr. 30, 2021Emergency declaration
Ex. ND-008Governor Doug Burgum, Executive Order 2020-08 (Mar. 20, 2020) (Ex. ND-008)In force from Mar. 13, 2020 to Dec. 31, 2020 (issued Mar. 20, 2020)Other
Ex. ND-004Governor Doug Burgum, Executive Order 2020-05 (Mar. 19, 2020) (Ex. ND-004)In force from Mar. 19, 2020 to Feb. 22, 2021Health care ordersOther
Ex. ND-006Governor Doug Burgum, Executive Order 2020-05.1 (Mar. 20, 2020) (Ex. ND-006)In force from Mar. 20, 2020 to Apr. 30, 2021Health care ordersOther
Ex. ND-009Governor Doug Burgum, Executive Order 2020-09 (Mar. 21, 2020) (Ex. ND-009)In force from Mar. 21, 2020 to Apr. 30, 2021Health care orders
Ex. ND-010Governor Doug Burgum, Executive Order 2020-10 (Mar. 22, 2020) (Ex. ND-010)In force from Mar. 22, 2020 to May 1, 2020Schools and child care
Ex. ND-011Governor Doug Burgum, Executive Order 2020-11 (Mar. 24, 2020) (Ex. ND-011)In force from Mar. 24, 2020 to Dec. 18, 2020Courts and public officesSupply chain
Ex. ND-012Governor Doug Burgum, Executive Order 2020-14 (Mar. 26, 2020) (Ex. ND-012)In force from Mar. 26, 2020 to Apr. 9, 2020Emergency declarationTravel and quarantineQuarantine and isolation
Ex. ND-015Governor Doug Burgum, Executive Order 2020-10.1 (Mar. 30, 2020) (Ex. ND-015)In force from Mar. 30, 2020 to Dec. 18, 2020Schools and child care
Ex. ND-018Governor Doug Burgum, North Dakota EO 2020-20 (Apr. 3, 2020; to Apr. 30, 2021) (Ex. ND-018)In force from Apr. 3, 2020 to Apr. 30, 2021Health care ordersWorkplace rules
Ex. ND-019Governor Doug Burgum, Executive Order 2020-21 (Apr. 6, 2020) (Ex. ND-019)In force from Apr. 6, 2020 to Apr. 21, 2020Quarantine and isolation
Ex. ND-020Governor Doug Burgum, Executive Order 2020-22 (Apr. 6, 2020) (Ex. ND-020)In force from Apr. 6, 2020 to June 5, 2020Health care orders
Ex. ND-022State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-05 (Apr. 8, 2020) (Ex. ND-022)In force from Apr. 8, 2020 to May 23, 2020Quarantine and isolation
Ex. ND-024Governor Doug Burgum, Executive Order 2020-14.1 (Apr. 9, 2020) (Ex. ND-024)In force from Apr. 9, 2020 to Apr. 30, 2021Emergency declarationQuarantine and isolation
Ex. ND-025Governor Doug Burgum, Executive Order 2020-21.1 (Apr. 10, 2020) (Ex. ND-025)In force from Apr. 10, 2020 to Apr. 21, 2020Quarantine and isolation
Ex. ND-026State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-06 (Apr. 10, 2020) (Ex. ND-026)In force from Apr. 10, 2020 to Sept. 23, 2020Quarantine and isolation
Ex. ND-029Governor Doug Burgum, Executive Order 2020-12.1 (Apr. 16, 2020) (Ex. ND-029)In force from Apr. 16, 2020 to Feb. 22, 2021Health care ordersOther
Ex. ND-030Governor Doug Burgum, Executive Order 2020-29 (Apr. 17, 2020) (Ex. ND-030)In force from Apr. 17, 2020 to Apr. 30, 2021Health care orders
Ex. ND-032Governor Doug Burgum, Executive Order 2020-21.2 (Apr. 21, 2020) (Ex. ND-032)In force from Apr. 21, 2020 to Apr. 30, 2021Quarantine and isolation
Ex. ND-033State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Order 2020-07 (Apr. 26, 2020) (Ex. ND-033)In force from Apr. 26, 2020 to Apr. 22, 2021Health care ordersWorkplace rules
Ex. ND-044Governor Doug Burgum, Executive Order 2020-04.3 (May 19, 2020) (Ex. ND-044)In force from May 19, 2020 to Dec. 18, 2020Schools and child care
Ex. ND-045Governor Doug Burgum, Executive Order 2020-06.7 (May 22, 2020) (Ex. ND-045)In force from May 22, 2020 to Feb. 22, 2021Telework mandateCourts and public officesWorkplace rulesOther
Ex. ND-048Governor Doug Burgum, Executive Order 2020-22.1 (June 5, 2020) (Ex. ND-048)In force from June 5, 2020 to Mar. 12, 2021Health care orders
Ex. ND-050Governor Doug Burgum, Executive Order 2020-08.2 (July 8, 2020) (Ex. ND-050)In force from July 26, 2020 to Dec. 31, 2020 (issued July 8, 2020)Other
Ex. ND-052Governor Doug Burgum, Executive Order 2020-36.1 (Aug. 10, 2020) (Ex. ND-052)In force from Aug. 10, 2020 to Dec. 31, 2020Courts and public offices
Ex. ND-054Governor Doug Burgum (for the Board of Dental Examiners), Executive Order 2020-40 (Sept. 3, 2020) (Ex. ND-054)In force from Sept. 3, 2020 to Apr. 30, 2021Health care ordersOther
Ex. ND-055Governor Doug Burgum, Executive Order 2020-42 (Sept. 3, 2020) (Ex. ND-055)In force from Sept. 3, 2020 to Apr. 30, 2021Schools and child careWorkplace rules

Agencies, boards and authorities: North Dakota

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

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

Federal layer

Ex. FED-060
Executive Order 13991

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

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

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

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

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

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

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563

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

Ex. FED-305
Standing Order 21-02

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

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

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

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

Enforcement: court order

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

Ex. FED-008
Memorandum of February 2, 2021

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

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

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

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

Enforcement: Funding directive

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

Ex. FED-071
Executive Order 13910

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State of North Dakota

Ex. ND-072
Executive Order 2020-43.4

From 8:00 a.m. January 8, 2021: event venues limited to 50 percent of occupancy under the tiered caps; bars, restaurants and food service to 65 percent of licensed seating, maximum 200; seated service, closed dance areas and masks continue; limits to run to 8:00 a.m. January 29, 2021

Governor Doug Burgum, North Dakota (State)

Dates
In force from Jan. 8, 2021 to Jan. 18, 2021 (issued Jan. 7, 2021)
Quarters
2021 Q1
Limitations
Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venues
Functions reached
DR; BA; BQ; MC
Grade
Primary source read
Days in this quarter
11

Effective 8:00 a.m. Friday, January 8, 2021, occupancy of banquet, ballroom and event venues is limited to 50% of occupancy not to exceed the capacity limits identified within the ND Smart Restart Large Gathering Tiered Capacity document.... Effective 8:00 a.m. Friday, January 8, 2021, occupancy of bars, restaurants and food service establishments is limited to 65% of the licensed seating capacity, not to exceed a maximum of 200 patrons;... Dance areas must be closed... The requirements defined under Section (2)(a)-(g), above, will remain in effect until 8:00 a.m., Friday, January 29, 2021.

Enforcement: Force and effect of law; all law enforcement officers directed to enforce

Citation: Governor Doug Burgum, Executive Order 2020-43.4 (Jan. 7, 2021) (Ex. ND-072) Open the exhibit

Ex. ND-073
Governor's release, 'Burgum urges vigilance to keep COVID-19 numbers trending downward as statewide mask requirement expires Monday' (Jan. 15, 2021)

Mask order expires Jan. 18, 2021; capacity limits 'moving... to guidelines, or recommendations'; 'cities and counties may continue to have mask requirements in place, and the state supports those locally enacted protocols'

Office of Governor Doug Burgum (news release), North Dakota (State)

Dates
In force from Jan. 18, 2021 to Mar. 31, 2021 (issued Jan. 15, 2021)
Quarters
2021 Q1
Limitations
Capacity limitFace-covering requirementOther
Functions reached
all sectors (end of the winter mandates); preemption analysis (State supports local mandates)
Grade
Primary source read
Days in this quarter
73 (in force on the last day)

An executive order that limits capacity for bars, restaurants and event venues also will be modified, effective 8 a.m. Monday, Jan. 18, moving capacity limits and other ND Smart Restart protocols to guidelines, or recommendations. The statewide risk level will remain at moderate, or yellow. Burgum noted that cities and counties may continue to have mask requirements in place, and the state supports those locally enacted protocols.... A State Health Officer order requiring face coverings originally took effect Nov. 14 and was extended from Dec. 14 to 12:01 a.m. Jan. 18, when it will expire.

Enforcement: n/a

Citation: Office of Governor Doug Burgum (news release), Governor's release, 'Burgum urges vigilance to keep COVID-19 numbers trending downward as statewide mask requirement expires Monday' (Jan. 15, 2021) (Ex. ND-073) Open the exhibit

Ex. ND-074
Executive Order 2020-43.5

Capacity limits and other restrictions on event venues and on bars, restaurants and food service rescinded effective 8:00 a.m. January 18, 2021; businesses 'strongly encouraged' to follow Smart Restart guidelines

Governor Doug Burgum, North Dakota (State)

Dates
In force from Jan. 18, 2021 to Apr. 30, 2021 (issued Jan. 16, 2021)
Quarters
2021 Q12021 Q2
Limitations
Capacity limitOther
Functions reached
DR; BA; BQ; MC; all sectors
Grade
Primary source read
Days in this quarter
73 (in force on the last day)

1. Capacity limitations and other restrictions for banquets, ballrooms, weddings and event venues, and capacity limitations and other restrictions on bars, restaurants and food service establishments set forth in Executive Order 2020-43.4 (January 7, 2021) are rescinded effective 8:00 a.m., January 18, 2021. 2. All businesses are strongly encouraged to continue to follow the North Dakota Smart Restart Guidelines.

Enforcement: n/a (rescission)

Citation: Governor Doug Burgum, Executive Order 2020-43.5 (Jan. 16, 2021) (Ex. ND-074) Open the exhibit

Ex. ND-071
Executive Order 2021-01

Termination of EOs 2020-19.1 (school elections), 2020-36 and 2020-36.1 (driver's license and registration grace periods)

Governor Doug Burgum, North Dakota (State)

Dates
In force from Jan. 7, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitations
Courts and public officesOther
Functions reached
DM
Grade
Primary source read
Days in this quarter
84 (in force on the last day)

Executive Order 2020-36, issued June 23, 2020, provided a grace period for renewals of motor vehicle registrations and drivers licenses. Executive Order 2020-36.1, issued August 8, 2020, provided a phased-in process for renewals of motor vehicles and drivers licenses.... hereby terminated, effective immediately.

Enforcement: n/a

Citation: Governor Doug Burgum, Executive Order 2021-01 (Jan. 7, 2021) (Ex. ND-071) Open the exhibit

Ex. ND-075
Executive Order 2021-04

Termination of EO 2020-25 (remote Public Service Commission hearings and land auctions)

Governor Doug Burgum, North Dakota (State)

Dates
In force from Feb. 19, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitations
Courts and public offices
Functions reached
CRT
Grade
Primary source read
Days in this quarter
41 (in force on the last day)

Executive Order 2020-25 was issued on April 8, 2020, in the interests of public health and safety. The Order granted a temporary suspension of statutes governing the location of public hearings conducted by the Public Service Commission on permit applications, allowing public hearings to be conducted by remote means.... hereby terminated, effective immediately.

Enforcement: n/a

Citation: Governor Doug Burgum, Executive Order 2021-04 (Feb. 19, 2021) (Ex. ND-075) Open the exhibit

Ex. ND-076
Executive Order 2021-05

Termination of EOs 2020-05 (licensure), 2020-12, 12.1, 12.2 (workers' compensation), 2020-26 (PPE transfers), 2020-06.7 (Smart Restart strongly encouraged), 2020-08.2 and 2020-31; EO 2020-05.1 temporary licensing process and EO 2020-08.3 remain

Governor Doug Burgum, North Dakota (State)

Dates
In force from Feb. 22, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitations
Emergency declarationOther
Functions reached
chronology
Grade
Primary source read
Days in this quarter
38 (in force on the last day)

Executive Order 2020-06.7 was issued on May 22, 2020, with an effective date of June 1. The Order enabled bars, restaurants, recreational and athletic facilities and personal care businesses to reopen on June 1, 2020; this Order strongly encouraged all North Dakota businesses to follow the North Dakota Smart Restart protocols.... The temporary licensing process for health care professionals, licensed and in good standing in other states but working in North Dakota, defined in Executive Order 2020-05.1 remains in effect.

Enforcement: n/a

Citation: Governor Doug Burgum, Executive Order 2021-05 (Feb. 22, 2021) (Ex. ND-076) Open the exhibit

Continuing in force from an earlier quarter of this report (30 instruments):

ExhibitCitationDatesLimitations
Ex. ND-041Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041)In force from May 15, 2020 to Jan. 18, 2021Capacity limitGathering capOther
Ex. ND-046Department of Commerce and State Health Officer (ND Smart Restart), ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020) (Ex. ND-046)In force from May 29, 2020 to Jan. 18, 2021Capacity limitGathering capEvents and venues
Ex. ND-067Governor Doug Burgum, Executive Order 2020-43.2 (Corrected) (Dec. 10, 2020) (Ex. ND-067)In force from Dec. 10, 2020 to Jan. 8, 2021Capacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venues
Ex. ND-070Governor Doug Burgum, Executive Order 2020-43.3 (Dec. 21, 2020) (Ex. ND-070)In force from Dec. 22, 2020 to Jan. 8, 2021 (issued Dec. 21, 2020)Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venues
Ex. ND-016Governor Doug Burgum, Executive Order 2020-16 (Mar. 30, 2020) (Ex. ND-016)In force from Mar. 30, 2020 to Apr. 30, 2021Gathering capCourts and public offices
Ex. ND-023Governor Doug Burgum, Executive Order 2020-25 (Apr. 8, 2020) (Ex. ND-023)In force from Apr. 8, 2020 to Feb. 19, 2021Gathering capCourts and public offices
Ex. ND-087North Dakota Court System (Supreme Court and presiding judges of the judicial districts), North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived December 1, 2020) (Dec. 1, 2020) (Ex. ND-087)In force from Nov. 20, 2020 to Mar. 31, 2021 (issued Dec. 1, 2020)Gathering capFace-covering requirementCourts and public offices
Ex. ND-001Governor Doug Burgum, Executive Order 2020-03 (Mar. 13, 2020) (Ex. ND-001)In force from Mar. 13, 2020 to Apr. 30, 2021Emergency declaration
Ex. ND-004Governor Doug Burgum, Executive Order 2020-05 (Mar. 19, 2020) (Ex. ND-004)In force from Mar. 19, 2020 to Feb. 22, 2021Health care ordersOther
Ex. ND-006Governor Doug Burgum, Executive Order 2020-05.1 (Mar. 20, 2020) (Ex. ND-006)In force from Mar. 20, 2020 to Apr. 30, 2021Health care ordersOther
Ex. ND-009Governor Doug Burgum, Executive Order 2020-09 (Mar. 21, 2020) (Ex. ND-009)In force from Mar. 21, 2020 to Apr. 30, 2021Health care orders
Ex. ND-012Governor Doug Burgum, Executive Order 2020-14 (Mar. 26, 2020) (Ex. ND-012)In force from Mar. 26, 2020 to Apr. 9, 2020Emergency declarationTravel and quarantineQuarantine and isolation
Ex. ND-018Governor Doug Burgum, North Dakota EO 2020-20 (Apr. 3, 2020; to Apr. 30, 2021) (Ex. ND-018)In force from Apr. 3, 2020 to Apr. 30, 2021Health care ordersWorkplace rules
Ex. ND-019Governor Doug Burgum, Executive Order 2020-21 (Apr. 6, 2020) (Ex. ND-019)In force from Apr. 6, 2020 to Apr. 21, 2020Quarantine and isolation
Ex. ND-020Governor Doug Burgum, Executive Order 2020-22 (Apr. 6, 2020) (Ex. ND-020)In force from Apr. 6, 2020 to June 5, 2020Health care orders
Ex. ND-022State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-05 (Apr. 8, 2020) (Ex. ND-022)In force from Apr. 8, 2020 to May 23, 2020Quarantine and isolation
Ex. ND-024Governor Doug Burgum, Executive Order 2020-14.1 (Apr. 9, 2020) (Ex. ND-024)In force from Apr. 9, 2020 to Apr. 30, 2021Emergency declarationQuarantine and isolation
Ex. ND-025Governor Doug Burgum, Executive Order 2020-21.1 (Apr. 10, 2020) (Ex. ND-025)In force from Apr. 10, 2020 to Apr. 21, 2020Quarantine and isolation
Ex. ND-026State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-06 (Apr. 10, 2020) (Ex. ND-026)In force from Apr. 10, 2020 to Sept. 23, 2020Quarantine and isolation
Ex. ND-029Governor Doug Burgum, Executive Order 2020-12.1 (Apr. 16, 2020) (Ex. ND-029)In force from Apr. 16, 2020 to Feb. 22, 2021Health care ordersOther
Ex. ND-030Governor Doug Burgum, Executive Order 2020-29 (Apr. 17, 2020) (Ex. ND-030)In force from Apr. 17, 2020 to Apr. 30, 2021Health care orders
Ex. ND-032Governor Doug Burgum, Executive Order 2020-21.2 (Apr. 21, 2020) (Ex. ND-032)In force from Apr. 21, 2020 to Apr. 30, 2021Quarantine and isolation
Ex. ND-033State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Order 2020-07 (Apr. 26, 2020) (Ex. ND-033)In force from Apr. 26, 2020 to Apr. 22, 2021Health care ordersWorkplace rules
Ex. ND-045Governor Doug Burgum, Executive Order 2020-06.7 (May 22, 2020) (Ex. ND-045)In force from May 22, 2020 to Feb. 22, 2021Telework mandateCourts and public officesWorkplace rulesOther
Ex. ND-048Governor Doug Burgum, Executive Order 2020-22.1 (June 5, 2020) (Ex. ND-048)In force from June 5, 2020 to Mar. 12, 2021Health care orders
Ex. ND-054Governor Doug Burgum (for the Board of Dental Examiners), Executive Order 2020-40 (Sept. 3, 2020) (Ex. ND-054)In force from Sept. 3, 2020 to Apr. 30, 2021Health care ordersOther
Ex. ND-055Governor Doug Burgum, Executive Order 2020-42 (Sept. 3, 2020) (Ex. ND-055)In force from Sept. 3, 2020 to Apr. 30, 2021Schools and child careWorkplace rules
Ex. ND-088Mayor Timothy Mahoney (under the Mayoral Declaration of a State of Emergency of March 16, 2020, as approved and extended by the Board of City Commissioners); Fargo Board of City Commissioners, Fargo Board of City Commissioners, Regular Meeting minutes of October 19, 2020: Mayoral mask mandate issued under emergency powers; Resolution Extending the Moratorium Pertaining to the Retail Sale of Alcoholic Beverages tied to the State of Emergency (Oct. 19, 2020) (Ex. ND-088)In force from Oct. 19, 2020 to Mar. 31, 2021Emergency declarationFace-covering requirementAlcohol and bars
Ex. ND-060State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health, State Health Officer Confinement Order 2020-05.2 (Nov. 9, 2020) (Ex. ND-060)In force from Nov. 9, 2020 to Apr. 22, 2021Health care ordersQuarantine and isolation
Ex. ND-066State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health, State Health Officer Order 2020-08.1 (Dec. 9, 2020) (Ex. ND-066)In force from Dec. 9, 2020 to Jan. 18, 2021Face-covering requirementWorkplace rules

Agencies, boards and authorities: North Dakota

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

End of general restrictions, State of North Dakota: Spring 2020: Executive Order 2020-06.7 (May 22, 2020), converting the mandatory ND Smart Restart reopening conditions of EO 2020-06.4 to 'strongly encouraged' and reopening State facilities June 1, 2020 (the closure orders themselves expired April 30, 2020 under EO 2020-06.3). Winter 2020-21: Executive Order 2020-43.5 (Jan. 16, 2021), rescinding the venue and bar-restaurant capacity limits effective 8:00 a.m. January 18, 2021, the same morning State Health Officer Order 2020-08.1 (face coverings) expired at 12:01 a.m. Emergency layer: Executive Order 2021-09 (Apr. 30, 2021). (2020-05-22 (mandatory business conditions); 2021-01-18 (winter capacity limits and mask order); 2021-04-30 (state of emergency and all residual executive orders)). What remained: After May 22, 2020: the state of emergency; school closure and distance learning (EO 2020-10) through the school year and the Health and Safety Plan mandate for 2020-21 (EO 2020-38); the travel quarantine (to Sept. 21, 2020); isolation and household-quarantine orders; long-term care visitation restrictions under VP3 (to Mar. 12, 2021); appointment-only State facilities until June 1, 2020; driver-license and registration grace orders; Smart Restart capacity recommendations by county risk level; court emergency orders (jury trials suspended to July 1, 2020; evictions suspended under AO 27). After January 18, 2021: the state of emergency and residual orders (EOs 2020-05.1, 09, 14, 14.1, 16, 20, 21.1, 21.2, 29, 38, 40, 42, 08.3, 43.5), the State Health Officer isolation (2020-05.2) and household-quarantine (2020-06) orders 'effective until revocation', long-term care VP3 restrictions to March 12, 2021, court AO 33 face coverings, local mask mandates (Fargo; Grand Forks County). After April 30, 2021: HB 1118 and HB 1465 (from May 10, 2021), HB 1323 (from Aug. 1, 2021), the federal layer, campus and school-district requirements, tribal orders.

Preemption of local orders, State of North Dakota: None during the period of State orders. State Health Officer Order 2020-08 ¶ 10 (Nov. 13, 2020) and Order 2020-08.1 ¶ 10 (Dec. 9, 2020): 'Nothing in this Order should be construed to prohibit or prevent political subdivisions from implementing, within their jurisdictions and pursuant to applicable law and authority, requirements beyond those contained in this Order. Political subdivisions may not relax or reduce this Order's requirements.' EO 2020-43 and its amendments: 'More restrictive measures may be adopted by local government entities.' EO 2020-14.1 (Apr. 9, 2020) preserved 'the authority of local health officers to issue confinement orders' and of local boards of health 'to adopt quarantine and sanitary measures'. Governor's release of Jan. 15, 2021: 'cities and counties may continue to have mask requirements in place, and the state supports those locally enacted protocols'; release of Apr. 21, 2021: 'local measures or orders may still be in place'. Legislative limits of 2021 reach the State, not its subdivisions: HB 1118 (Apr. 22, 2021) confines statewide State Health Officer orders to a declared emergency and requires county-limited orders otherwise; HB 1323 (effective Aug. 1, 2021) provides that 'A statewide elected official or the state health officer may not mandate an individual in this state use a face mask', naming no city, county, school district or university. HB 1465 (May 10, 2021) bars 'a state government entity [and] any of its subdivisions' and private businesses from requiring vaccination documentation, except during a declared emergency and except for health care providers; the State Board of Higher Education is carved out to the extent it adopts its own documentation policies.

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 North Dakota

Ex. ND-078
House Bill 1118 (2021), an emergency measure

State Health Officer statewide orders permitted only during a Governor-declared statewide emergency, with the Governor's consent, and limited to its duration; legislative management may force a special session and the Legislative Assembly may terminate an emergency by concurrent resolution; public-health emergency executive orders must specifically address mitigation

Sixty-seventh Legislative Assembly (House Bill 1118); signed by Governor Burgum, North Dakota (State)

Dates
In force from Apr. 22, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Emergency declarationOther
Functions reached
legal framework for Q2 and Q3 2021: no statewide health-officer order could exist after April 30, 2021
Grade
Primary source read
Days in this quarter
70 (in force on the last day)

The state health officer shall limit a written order issued under this section to the geographical area affected by the communicable disease. The state health officer may not issue a statewide order under this section unless the governor has declared a statewide disaster or emergency under chapter 37-17.1 and the governor consents to the order. The statewide order is limited in duration to the duration of the declared disaster or emergency unless terminated earlier pursuant to chapter 37-17.1.... If the governor does not call a special session within seven days after the legislative management sends a request to the governor, the declared state of disaster or emergency relating to public health terminates thirty days after the request... The legislative assembly by concurrent resolution may terminate a state of disaster or emergency at any time.... SECTION 5. EMERGENCY. This Act is…

Enforcement: Statutory limits on executive authority

Citation: Sixty-seventh Legislative Assembly (House Bill 1118); signed by Governor Burgum, House Bill 1118 (2021), an emergency measure (Apr. 22, 2021) (Ex. ND-078) Open the exhibit

Ex. ND-077
Governor's release, 'Burgum to lift COVID-19 emergency declaration on April 30; vaccination efforts remain top priority' (Apr. 21, 2021)

Announcement that the emergency declaration of March 13, 2020 ends April 30, 2021; 'The State of North Dakota currently has no enforced business or event protocols related to COVID-19, though local measures or orders may still be in place'; the mask requirement's 'shortest among states' duration

Office of Governor Doug Burgum (news release), North Dakota (State)

Dates
In force from Apr. 30, 2021 to June 30, 2021 (issued Apr. 21, 2021)
Quarters
2021 Q2
Limitations
Emergency declarationOther
Functions reached
chronology; preemption analysis (local orders acknowledged)
Grade
Primary source read
Days in this quarter
62 (in force on the last day)

The State of North Dakota currently has no enforced business or event protocols related to COVID-19, though local measures or orders may still be in place. A statewide mask requirement, implemented by the state health officer with Burgum's support on Nov. 18 as hospitals and health care workers were overwhelmed with patients and COVID-related deaths were peaking, was lifted Jan. 18, making its 65-day duration the shortest among states that implemented such requirements.... Lifting the emergency declaration on April 30 will eliminate the remaining pandemic-related executive orders.

Enforcement: n/a

Citation: Office of Governor Doug Burgum (news release), Governor's release, 'Burgum to lift COVID-19 emergency declaration on April 30; vaccination efforts remain top priority' (Apr. 21, 2021) (Ex. ND-077) Open the exhibit

Ex. ND-081
Executive Order 2021-09

Rescission of the COVID-19 public health emergency declared by EO 2020-03; all remaining COVID-19 executive orders (2020-05.1, 09, 14, 14.1, 16, 17.1, 18, 20, 20.1, 21.1, 21.2, 29, 32.2, 37, 38, 40, 42, 08.3, 43.5) declared superseded or no longer necessary

Governor Doug Burgum, North Dakota (State)

Dates
In force from Apr. 30, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Emergency declaration
Functions reached
end of the State emergency layer
Grade
Primary source read
Days in this quarter
62 (in force on the last day)

does hereby declare the conditions resulting in the public health emergency on March 13, 2020, under Executive Order 2020-03, have been reduced to the extent that emergency conditions no longer exist statewide. Executive Order 2020-03 and all subsequent orders related to the public health emergency have met the intended objectives and have been superseded by statute or are no longer necessary, as follows: Executive Order 2020-05.1, Executive Order 2020-09, Executive Order 2020-14, Executive Order 2020-16, Executive Order 2020-18, Executive Order 2020-20, Executive Order 2020-17.1, Executive Order 2020-21.1, Executive Order 2020-29, Executive Order 2020-14.1, Executive Order 2020-21.2, Executive Order 2020-32.2, Executive Order 2020-37, Executive Order 2020-38, Executive Order 2020-20.1, Executive Order 2020-40, Executive Order 2020-42, Executive Order 2020-08.3 and Executive Order…

Enforcement: n/a

Citation: Governor Doug Burgum, Executive Order 2021-09 (Apr. 30, 2021) (Ex. ND-081) Open the exhibit

Ex. ND-082
House Bill 1465 (2021), an emergency measure

State entities and their subdivisions may not require vaccination documentation for access to State property, funds or services, may not require private businesses to obtain it, and 'A private business located in this state may not require a patron or customer to provide any documentation certifying vaccination or post-transmission recovery to gain access to, entry upon, or services from the business' (health care providers excepted; inapplicable during a declared public health emergency; limited to EUA vaccines); telehealth coverage parity codified

Sixty-seventh Legislative Assembly (House Bill 1465); signed by Governor Burgum, North Dakota (State)

Dates
In force from May 10, 2021 to Sept. 30, 2021 (issued May 7, 2021)
Quarters
2021 Q22021 Q3
Limitations
Health care ordersVaccination or testingOther
Functions reached
CB customer admission practices (vaccination-proof screening prohibited); OP; EMP; TM telehealth (coverage parity); IN insurers
Grade
Primary source read
Days in this quarter
52 (in force on the last day)

1. Except as provided under sections 15.1-23-02, 23-01-05.3, and 23-07-17.1, neither a state government entity nor any of its subdivisions, agents, or assigns may: a. Require documentation, whether physical or electronic, for the purpose of certifying or otherwise communicating the following before providing access to state property, funds, or services: (1) An individual's vaccination status... c. Require a private business to obtain documentation... 2. A private business located in this state may not require a patron or customer to provide any documentation certifying vaccination or post-transmission recovery to gain access to, entry upon, or services from the business. This subsection does not apply to a health care provider including a long-term care provider.... 5. This section is not applicable during a public health disaster or emergency declared in accordance with chapter 37-17.1.…

Enforcement: Statutory prohibition

Citation: Sixty-seventh Legislative Assembly (House Bill 1465); signed by Governor Burgum, House Bill 1465 (2021), an emergency measure (May 7, 2021) (Ex. ND-082) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. ND-016Governor Doug Burgum, Executive Order 2020-16 (Mar. 30, 2020) (Ex. ND-016)In force from Mar. 30, 2020 to Apr. 30, 2021Gathering capCourts and public offices
Ex. ND-074Governor Doug Burgum, Executive Order 2020-43.5 (Jan. 16, 2021) (Ex. ND-074)In force from Jan. 18, 2021 to Apr. 30, 2021 (issued Jan. 16, 2021)Capacity limitOther
Ex. ND-001Governor Doug Burgum, Executive Order 2020-03 (Mar. 13, 2020) (Ex. ND-001)In force from Mar. 13, 2020 to Apr. 30, 2021Emergency declaration
Ex. ND-006Governor Doug Burgum, Executive Order 2020-05.1 (Mar. 20, 2020) (Ex. ND-006)In force from Mar. 20, 2020 to Apr. 30, 2021Health care ordersOther
Ex. ND-009Governor Doug Burgum, Executive Order 2020-09 (Mar. 21, 2020) (Ex. ND-009)In force from Mar. 21, 2020 to Apr. 30, 2021Health care orders
Ex. ND-012Governor Doug Burgum, Executive Order 2020-14 (Mar. 26, 2020) (Ex. ND-012)In force from Mar. 26, 2020 to Apr. 9, 2020Emergency declarationTravel and quarantineQuarantine and isolation
Ex. ND-018Governor Doug Burgum, North Dakota EO 2020-20 (Apr. 3, 2020; to Apr. 30, 2021) (Ex. ND-018)In force from Apr. 3, 2020 to Apr. 30, 2021Health care ordersWorkplace rules
Ex. ND-019Governor Doug Burgum, Executive Order 2020-21 (Apr. 6, 2020) (Ex. ND-019)In force from Apr. 6, 2020 to Apr. 21, 2020Quarantine and isolation
Ex. ND-022State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-05 (Apr. 8, 2020) (Ex. ND-022)In force from Apr. 8, 2020 to May 23, 2020Quarantine and isolation
Ex. ND-024Governor Doug Burgum, Executive Order 2020-14.1 (Apr. 9, 2020) (Ex. ND-024)In force from Apr. 9, 2020 to Apr. 30, 2021Emergency declarationQuarantine and isolation
Ex. ND-025Governor Doug Burgum, Executive Order 2020-21.1 (Apr. 10, 2020) (Ex. ND-025)In force from Apr. 10, 2020 to Apr. 21, 2020Quarantine and isolation
Ex. ND-026State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-06 (Apr. 10, 2020) (Ex. ND-026)In force from Apr. 10, 2020 to Sept. 23, 2020Quarantine and isolation
Ex. ND-030Governor Doug Burgum, Executive Order 2020-29 (Apr. 17, 2020) (Ex. ND-030)In force from Apr. 17, 2020 to Apr. 30, 2021Health care orders
Ex. ND-032Governor Doug Burgum, Executive Order 2020-21.2 (Apr. 21, 2020) (Ex. ND-032)In force from Apr. 21, 2020 to Apr. 30, 2021Quarantine and isolation
Ex. ND-033State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Order 2020-07 (Apr. 26, 2020) (Ex. ND-033)In force from Apr. 26, 2020 to Apr. 22, 2021Health care ordersWorkplace rules
Ex. ND-054Governor Doug Burgum (for the Board of Dental Examiners), Executive Order 2020-40 (Sept. 3, 2020) (Ex. ND-054)In force from Sept. 3, 2020 to Apr. 30, 2021Health care ordersOther
Ex. ND-055Governor Doug Burgum, Executive Order 2020-42 (Sept. 3, 2020) (Ex. ND-055)In force from Sept. 3, 2020 to Apr. 30, 2021Schools and child careWorkplace rules
Ex. ND-060State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health, State Health Officer Confinement Order 2020-05.2 (Nov. 9, 2020) (Ex. ND-060)In force from Nov. 9, 2020 to Apr. 22, 2021Health care ordersQuarantine and isolation

Agencies, boards and authorities: North Dakota

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

End of general restrictions, State of North Dakota: Spring 2020: Executive Order 2020-06.7 (May 22, 2020), converting the mandatory ND Smart Restart reopening conditions of EO 2020-06.4 to 'strongly encouraged' and reopening State facilities June 1, 2020 (the closure orders themselves expired April 30, 2020 under EO 2020-06.3). Winter 2020-21: Executive Order 2020-43.5 (Jan. 16, 2021), rescinding the venue and bar-restaurant capacity limits effective 8:00 a.m. January 18, 2021, the same morning State Health Officer Order 2020-08.1 (face coverings) expired at 12:01 a.m. Emergency layer: Executive Order 2021-09 (Apr. 30, 2021). (2020-05-22 (mandatory business conditions); 2021-01-18 (winter capacity limits and mask order); 2021-04-30 (state of emergency and all residual executive orders)). What remained: After May 22, 2020: the state of emergency; school closure and distance learning (EO 2020-10) through the school year and the Health and Safety Plan mandate for 2020-21 (EO 2020-38); the travel quarantine (to Sept. 21, 2020); isolation and household-quarantine orders; long-term care visitation restrictions under VP3 (to Mar. 12, 2021); appointment-only State facilities until June 1, 2020; driver-license and registration grace orders; Smart Restart capacity recommendations by county risk level; court emergency orders (jury trials suspended to July 1, 2020; evictions suspended under AO 27). After January 18, 2021: the state of emergency and residual orders (EOs 2020-05.1, 09, 14, 14.1, 16, 20, 21.1, 21.2, 29, 38, 40, 42, 08.3, 43.5), the State Health Officer isolation (2020-05.2) and household-quarantine (2020-06) orders 'effective until revocation', long-term care VP3 restrictions to March 12, 2021, court AO 33 face coverings, local mask mandates (Fargo; Grand Forks County). After April 30, 2021: HB 1118 and HB 1465 (from May 10, 2021), HB 1323 (from Aug. 1, 2021), the federal layer, campus and school-district requirements, tribal orders.

Preemption of local orders, State of North Dakota: None during the period of State orders. State Health Officer Order 2020-08 ¶ 10 (Nov. 13, 2020) and Order 2020-08.1 ¶ 10 (Dec. 9, 2020): 'Nothing in this Order should be construed to prohibit or prevent political subdivisions from implementing, within their jurisdictions and pursuant to applicable law and authority, requirements beyond those contained in this Order. Political subdivisions may not relax or reduce this Order's requirements.' EO 2020-43 and its amendments: 'More restrictive measures may be adopted by local government entities.' EO 2020-14.1 (Apr. 9, 2020) preserved 'the authority of local health officers to issue confinement orders' and of local boards of health 'to adopt quarantine and sanitary measures'. Governor's release of Jan. 15, 2021: 'cities and counties may continue to have mask requirements in place, and the state supports those locally enacted protocols'; release of Apr. 21, 2021: 'local measures or orders may still be in place'. Legislative limits of 2021 reach the State, not its subdivisions: HB 1118 (Apr. 22, 2021) confines statewide State Health Officer orders to a declared emergency and requires county-limited orders otherwise; HB 1323 (effective Aug. 1, 2021) provides that 'A statewide elected official or the state health officer may not mandate an individual in this state use a face mask', naming no city, county, school district or university. HB 1465 (May 10, 2021) bars 'a state government entity [and] any of its subdivisions' and private businesses from requiring vaccination documentation, except during a declared emergency and except for health care providers; the State Board of Higher Education is carved out to the extent it adopts its own documentation policies.

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 North Dakota

Ex. ND-080
House Bill 1323 (2021)

'A statewide elected official or the state health officer may not mandate an individual in this state use a face mask, face shield, or other face covering'

Sixty-seventh Legislative Assembly (House Bill 1323); signed by Governor Burgum, North Dakota (State)

Dates
In force from Aug. 1, 2021 to Sept. 30, 2021 (issued Apr. 27, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementOther
Functions reached
preemption analysis: limits the State only; political subdivisions, school boards and the University System are not named
Grade
Primary source read
Days in this quarter
61 (in force on the last day)

Limitations on requirements to wear a mask. A statewide elected official or the state health officer may not mandate an individual in this state use a face mask, face shield, or other face covering. This section applies, notwithstanding authority granted under other provisions of law, including section 23-01-05 and chapter 37-17.1.

Enforcement: Statutory limit on State officials

Citation: Sixty-seventh Legislative Assembly (House Bill 1323); signed by Governor Burgum, House Bill 1323 (2021) (Apr. 27, 2021) (Ex. ND-080) Open the exhibit

Ex. ND-083
NDSU COVID-19 Updates: fall 2021 face-covering requirement (page as archived Aug. 24, 2021)

'Face coverings will be required in all classroom settings, and strongly recommended in all other indoor spaces when social distancing cannot be maintained' for the fall 2021 semester; $100 incentive for students fully vaccinated by October 15, 2021

North Dakota State University (institution of the State Board of Higher Education), North Dakota (North Dakota State University, State Board of Higher Education institution) (State)

Dates
In force from Aug. 23, 2021 to Sept. 30, 2021 (issued Aug. 24, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementVaccination or testing
Functions reached
IN in-person instruction (masked); WF student workforce in Fargo; CP campus operations
Grade
Primary source read
Days in this quarter
39 (in force on the last day)

For the fall semester 2021, North Dakota State University is expecting a full return to our traditional educational model, with both faculty and students physically in the classroom. Face coverings will be required in all classroom settings, and strongly recommended in all other indoor spaces when social distancing cannot be maintained. We also strongly encourage everyone who is medically able to get vaccinated. Free vaccination events are held on campus and NDSU will be providing a $100 financial incentive to students who have been fully vaccinated by October 15, 2021.

Enforcement: Institutional policy of a State institution

Citation: North Dakota State University (institution of the State Board of Higher Education), NDSU COVID-19 Updates: fall 2021 face-covering requirement (page as archived Aug. 24, 2021) (Ex. ND-083) Open the exhibit

Ex. ND-084
Governor's release, 'Strain on hospitals reaches tipping point; leaders urge public to help reduce need for hospitalization' (Sept. 30, 2021)

State and hospital leaders warn 'that hospital capacity in North Dakota is reaching critical levels' on the last day of the third quarter of 2021

Office of Governor Doug Burgum (news release, with chief medical officers of the State's largest hospitals), North Dakota (State)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Health care ordersOther
Functions reached
IP inpatient capacity; SX elective procedures (hospital-level deferrals); facts and circumstances for Q3 2021
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

Gov. Doug Burgum and chief medical officers and physicians from several of the state's largest hospitals today warned that hospital capacity in North Dakota is reaching critical levels and urged the public to help reduce the need for hospitalization.

Enforcement: n/a

Citation: Office of Governor Doug Burgum (news release, with chief medical officers of the State's largest hospitals), Governor's release, 'Strain on hospitals reaches tipping point; leaders urge public to help reduce need for hospitalization' (Sept. 30, 2021) (Ex. ND-084) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. ND-078Sixty-seventh Legislative Assembly (House Bill 1118); signed by Governor Burgum, House Bill 1118 (2021), an emergency measure (Apr. 22, 2021) (Ex. ND-078)In force from Apr. 22, 2021 to Sept. 30, 2021Emergency declarationOther
Ex. ND-082Sixty-seventh Legislative Assembly (House Bill 1465); signed by Governor Burgum, House Bill 1465 (2021), an emergency measure (May 7, 2021) (Ex. ND-082)In force from May 10, 2021 to Sept. 30, 2021 (issued May 7, 2021)Health care ordersVaccination or testingOther

Agencies, boards and authorities: North Dakota

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

End of general restrictions, State of North Dakota: Spring 2020: Executive Order 2020-06.7 (May 22, 2020), converting the mandatory ND Smart Restart reopening conditions of EO 2020-06.4 to 'strongly encouraged' and reopening State facilities June 1, 2020 (the closure orders themselves expired April 30, 2020 under EO 2020-06.3). Winter 2020-21: Executive Order 2020-43.5 (Jan. 16, 2021), rescinding the venue and bar-restaurant capacity limits effective 8:00 a.m. January 18, 2021, the same morning State Health Officer Order 2020-08.1 (face coverings) expired at 12:01 a.m. Emergency layer: Executive Order 2021-09 (Apr. 30, 2021). (2020-05-22 (mandatory business conditions); 2021-01-18 (winter capacity limits and mask order); 2021-04-30 (state of emergency and all residual executive orders)). What remained: After May 22, 2020: the state of emergency; school closure and distance learning (EO 2020-10) through the school year and the Health and Safety Plan mandate for 2020-21 (EO 2020-38); the travel quarantine (to Sept. 21, 2020); isolation and household-quarantine orders; long-term care visitation restrictions under VP3 (to Mar. 12, 2021); appointment-only State facilities until June 1, 2020; driver-license and registration grace orders; Smart Restart capacity recommendations by county risk level; court emergency orders (jury trials suspended to July 1, 2020; evictions suspended under AO 27). After January 18, 2021: the state of emergency and residual orders (EOs 2020-05.1, 09, 14, 14.1, 16, 20, 21.1, 21.2, 29, 38, 40, 42, 08.3, 43.5), the State Health Officer isolation (2020-05.2) and household-quarantine (2020-06) orders 'effective until revocation', long-term care VP3 restrictions to March 12, 2021, court AO 33 face coverings, local mask mandates (Fargo; Grand Forks County). After April 30, 2021: HB 1118 and HB 1465 (from May 10, 2021), HB 1323 (from Aug. 1, 2021), the federal layer, campus and school-district requirements, tribal orders.

Preemption of local orders, State of North Dakota: None during the period of State orders. State Health Officer Order 2020-08 ¶ 10 (Nov. 13, 2020) and Order 2020-08.1 ¶ 10 (Dec. 9, 2020): 'Nothing in this Order should be construed to prohibit or prevent political subdivisions from implementing, within their jurisdictions and pursuant to applicable law and authority, requirements beyond those contained in this Order. Political subdivisions may not relax or reduce this Order's requirements.' EO 2020-43 and its amendments: 'More restrictive measures may be adopted by local government entities.' EO 2020-14.1 (Apr. 9, 2020) preserved 'the authority of local health officers to issue confinement orders' and of local boards of health 'to adopt quarantine and sanitary measures'. Governor's release of Jan. 15, 2021: 'cities and counties may continue to have mask requirements in place, and the state supports those locally enacted protocols'; release of Apr. 21, 2021: 'local measures or orders may still be in place'. Legislative limits of 2021 reach the State, not its subdivisions: HB 1118 (Apr. 22, 2021) confines statewide State Health Officer orders to a declared emergency and requires county-limited orders otherwise; HB 1323 (effective Aug. 1, 2021) provides that 'A statewide elected official or the state health officer may not mandate an individual in this state use a face mask', naming no city, county, school district or university. HB 1465 (May 10, 2021) bars 'a state government entity [and] any of its subdivisions' and private businesses from requiring vaccination documentation, except during a declared emergency and except for health care providers; the State Board of Higher Education is carved out to the extent it adopts its own documentation policies.

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

In force during the third quarter of 2021 (an order in force on any day of the quarter is an order in force during it):

  • ND-082 HB 1465 (eff. May 10, 2021): no State entity or subdivision and no private business may require patrons' vaccination documentation (health care providers excepted)
  • ND-080 HB 1323 (eff. Aug. 1, 2021): no statewide elected official or the State Health Officer may mandate face coverings (a limit on the State, leaving local and campus requirements lawful)
  • ND-078 HB 1118 (eff. Apr. 22, 2021): statewide State Health Officer orders only during a declared emergency (the structural reason no statewide health-officer order existed in Q3 2021)
  • ND-083 North Dakota State University fall 2021 face-covering requirement in all classroom settings (State institution; Fargo)
  • ND-084 Governor's and hospital leaders' Sept. 30, 2021 statement of hospital capacity 'reaching critical levels' (facts and circumstances; no State order)
  • Federal layer in force in North Dakota: CDC conveyance mask order, 86 Fed. Reg. 8025, and TSA SD 1582/84-21-01A/-01B (airports in Fargo, Bismarck, Grand Forks, Minot, Williston, Dickinson, Jamestown, Devils Lake; intercity buses); OSHA COVID-19 Healthcare ETS, 29 C.F.R. § 1910.502 (June 21, 2021; compliance July 6 and 21, 2021), binding every hospital, clinic, nursing home and home health agency; CMS QSO-20-39-NH (rev. Apr. 27, 2021) and 42 C.F.R. § 483.80(h) staff testing; the DHS land-border notices closing the Canadian ports of entry to non-essential travel through Oct. 21, 2021 (the Governor's own releases of July 21, Aug. 21 and Sept. 22, 2021 object to each extension); CDC eviction moratorium to Aug. 26, 2021; Safer Federal Workforce Task Force rules at federal installations (Minot and Grand Forks Air Force Bases)
  • Local and tribal instruments known to exist but not verified in this session (describe by category only): school-district face-covering requirements adopted for the 2021-22 year in the Fargo metropolitan area; tribal governments' mask requirements and quarantine rules on the Standing Rock, Turtle Mountain, Spirit Lake and Fort Berthold reservations (the Standing Rock Sioux Tribe's site carried 'SRST Isolation and Updated Quarantine Guidelines' in September 2021)

5. Standing duties in North Dakota

North Dakota's compulsion ran on four standing tracks, none written for COVID-19 and none dependent on the life of an executive order. First, the disease-control statutes. The State Health Officer held, throughout the claimable quarters, the power under N.D.C.C. 23-01-05(12) to 'issue any orders related to disease control measures deemed necessary to prevent the spread of communicable diseases' (recited verbatim in State Health Officer Order 2020-08, Ex. ND-061; the current text, as narrowed by HB 1118 in April 2021, is at Ex. DUT-ND-001); the Department's rules 'have the force and effect of law' (23-01-04); every local board of health 'may adopt such quarantine and sanitary measures as in its judgment tend to prevent the spread of such disease' and 'take such other measures as it deems necessary for the safety of the inhabitants' (23-07-06), and every place 'in which exists any contagious or infectious disease' is 'under the control and subject to the regulations of the local board of health' (23-07-13) (Ex. DUT-ND-002). The penalty section makes 'a person... guilty of an infraction' who 'violates or fails to obey... any order issued by any state, district, county, or municipal health officer' or 'any quarantine law or regulation' (23-07-21), and the confinement chapter commands that 'Persons subject to isolation or quarantine shall obey the health officer's rules and orders,' on pain of a class B misdemeanor (23-07.6-02(3); Ex. DUT-ND-003); confinement 'may include confinement to private homes or other private and public premises,' and the State Health Officer used it against an entire workforce (Ex. ND-031). Local boards of health hold rule, confinement, decontamination, sanitary and abatement powers, may order 'the owner or occupant' to abate 'any nuisance, source of filth, or cause of sickness' at the owner's expense, and a violation of 'any order, ordinance, or rule prescribed by any board of health or health officer' is a class B misdemeanor (23-35-08, -09, -13; Ex. DUT-ND-004). Second, the Emergency Services Act: the Governor's 'Executive orders, proclamations, and regulations have the force of law'; the Governor may 'Control ingress and egress in a designated disaster or emergency area, the movement of persons within the area, and the occupancy of premises therein'; and 'Any person who willfully violates any provision of an executive order or proclamation issued by the governor pursuant to this chapter is guilty of an infraction' (37-17.1-05(2), (6)(g), (8); Ex. DUT-ND-005), which every closure and capacity order recited as 'an infraction and subject to a one-thousand dollar fine' with 'All local, county and state law enforcement officers... authorized and directed to enforce' (Ex. ND-013, ND-017, ND-028, ND-038, ND-062). An infraction carries a fine of one thousand dollars and, on a third conviction within a year, sentencing as a class B misdemeanor; a class B misdemeanor carries thirty days and one thousand five hundred dollars for an individual and twenty thousand dollars for an organization (12.1-32-01, -01.1; Ex. DUT-ND-006). Third, the workplace duty. North Dakota has no State OSHA plan; every North Dakota employer was bound directly by 29 U.S.C. 654(a)(1) to furnish 'a place of employment which [is] free from recognized hazards that are causing or are likely to cause death or serious physical harm' (Ex. DUT-ND-008), by OSHA's COVID-19 guidance (Ex. FED-088, FED-089) and, for health care, by the Healthcare Emergency Temporary Standard from June 21, 2021 (Ex. SEC-04-014); and Workforce Safety and Insurance holds 'full power and jurisdiction over and supervision of every place of employment subject to this title' and 'may issue and enforce all rules and safety regulations' (65-03-01; Ex. DUT-ND-007). Fourth, the liability shield: HB 1175 (Apr. 23, 2021), retroactive to January 1, 2020, grants immunity for an act or omission 'in substantial compliance or... consistent with a federal or state statute, regulation, or order related to COVID-19 which was applicable to the person or activity at issue at the time of the alleged exposure' (Ex. ND-079), making compliance with the COVID-19 orders the legislated safe harbor for every claimable quarter. The sanitary code bound the businesses the orders closed or limited: every food and lodging establishment 'must be operated with strict regard for the health, safety, and comfort of its patrons,' on pain of a class B misdemeanor and license discipline (23-09-09, -18, -21, -22; Ex. DUT-ND-009), under the 2017 FDA Model Food Code adopted by reference (Ex. DUT-ND-012); an act or omission that 'endangers the comfort, repose, health, or safety of others' is a nuisance and maintaining a public nuisance is a class A misdemeanor (42-01-01, -15; Ex. DUT-ND-010); and every health officer 'shall order [the] removal' of 'any insanitary condition dangerous to public health' by written notice to 'the owner or agent of the property' (N.D. Admin. Code 33-06-03-02; Ex. DUT-ND-011). The reopening of May 1, 2020 was a licence on conditions: the ND Smart Restart standards 'must be adopted and rigorously followed' (Ex. ND-038), the standards themselves said 'Adhere to CDC Guidelines,' 'Limit the number of people occupying the facility,' 'Encourage use of cloth face coverings' and 'Restrooms... shall remain open' (Ex. ND-034), became 'strongly encouraged' on May 22, 2020 (Ex. ND-045), and returned as commands in November 2020: 'Businesses must require that all persons, including their workers, customers, and visitors, wear face coverings' (Ex. ND-061, ND-066) and seated service, closed dance areas and occupancy caps that 'must' be observed (Ex. ND-062). Each instrument is a governmental command or a governmental condition of operating; none is an election by the employer.

The phase question

Whether the measures employers took beyond the four corners of the emergency orders were voluntary within Notice 2021-20 Q&A-14, or were the discharge of standing duties imposed by North Dakota and federal law.

The State's standing duties

Ex. DUT-ND-001

N.D.C.C. 23-01-03, 23-01-04, 23-01-05

Powers and duties of the health council; effect of rules and regulations; health officer - duties, including written orders relating to disease control measures

Legislative Assembly of North Dakota (codified statute administered by the State Department of Health, since 2022 the Department of Health and Human Services), North Dakota (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationBusiness closureGathering capQuarantine and isolationStanding duty
Character
statutory authority
Grade
Primary source read

Issue a written order relating to a disease control measure necessary to prevent the spread of a communicable disease. A disease control measure may include a special immunization activity and decontamination measure.... All rules and regulations adopted by the department... under the powers granted by any provisions of this title... have the force and effect of law.

Enforcement: N.D.C.C. 23-07-21(1): infraction for violating or failing to obey any order issued by any state, district, county or municipal health officer (Ex. DUT-ND-002); 23-07.6-02(3): class B misdemeanor for failure to obey a confinement order (Ex. DUT-ND-003); the orders recited both (Ex. ND-021, ND-061, ND-066)

Citation: Legislative Assembly of North Dakota (codified statute administered by the State Department of Health, since 2022 the Department of Health and Human Services), N.D.C.C. 23-01-03, 23-01-04, 23-01-05 (standing) (Ex. DUT-ND-001) Open the exhibit

Ex. DUT-ND-002

N.D.C.C. 23-07-06, 23-07-13, 23-07-14, 23-07-15, 23-07-21

Contagious or infectious diseases - power of local board of health to quarantine; local board may establish temporary hospital (infected places under board control); destruction or disinfection of infected articles; removal of infected persons; penalties

Legislative Assembly of North Dakota (codified statute administered by the State Department of Health and the local boards of health), North Dakota (State)

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

a person is guilty of an infraction: 1. Who violates or fails to obey any provision of this chapter, any lawful rule made by the department of health and human services, or any order issued by any state, district, county, or municipal health officer; 2. Who violates any quarantine law or regulation, or who leaves a quarantined area without being discharged

Enforcement: Infraction (23-07-21): fine to $1,000, and sentencing as a class B misdemeanor on a third conviction within one year (12.1-32-01(7); Ex. DUT-ND-006); class C felony for breach of the HIV confidentiality provisions (not relevant here)

Citation: Legislative Assembly of North Dakota (codified statute administered by the State Department of Health and the local boards of health), N.D.C.C. 23-07-06, 23-07-13, 23-07-14, 23-07-15, 23-07-21 (standing) (Ex. DUT-ND-002) Open the exhibit

Ex. DUT-ND-003

N.D.C.C. 23-07.6-01 to 23-07.6-12

Confinement order - penalty; procedures for isolation and quarantine; place of confinement; court review

Legislative Assembly of North Dakota (codified statute administered by the State Health Officer and local health officers), North Dakota (State)

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

Cooperation. Persons subject to isolation or quarantine shall obey the health officer's rules and orders and must not go beyond the isolation or quarantine premises. Failure to obey these provisions is a class B misdemeanor.

Enforcement: Class B misdemeanor (23-07.6-02(3), (4)(b)): thirty days and $1,500 for an individual, $20,000 for an organization (12.1-32-01(6), 12.1-32-01.1(5); Ex. DUT-ND-006)

Citation: Legislative Assembly of North Dakota (codified statute administered by the State Health Officer and local health officers), N.D.C.C. 23-07.6-01 to 23-07.6-12 (standing) (Ex. DUT-ND-003) Open the exhibit

Ex. DUT-ND-004

N.D.C.C. 23-35-08, 23-35-09, 23-35-12, 23-35-13

Boards of health - powers and duties; abatement and removal of nuisance, source of filth, and cause of sickness; local health officers; penalty

Legislative Assembly of North Dakota (codified statute administered by the local boards of health and public health units), North Dakota (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureFace-covering requirementQuarantine and isolationStanding duty
Character
statutory duty
Grade
Primary source read

A person who violates any order, ordinance, or rule prescribed by any board of health or health officer or any rule adopted under this chapter is guilty of a class B misdemeanor.

Enforcement: Class B misdemeanor (23-35-13): thirty days and $1,500 for an individual, $20,000 for an organization (Ex. DUT-ND-006); abatement at the owner's or occupant's expense and assessment against the property (23-35-09)

Citation: Legislative Assembly of North Dakota (codified statute administered by the local boards of health and public health units), N.D.C.C. 23-35-08, 23-35-09, 23-35-12, 23-35-13 (standing) (Ex. DUT-ND-004) Open the exhibit

Ex. DUT-ND-005

N.D.C.C. 37-17.1-05 (with 37-17.1-10 for local declarations)

The governor and disasters or emergencies - penalty

Legislative Assembly of North Dakota (codified statute; powers exercised by Governor Doug Burgum under Executive Order 2020-03), North Dakota (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationStay-at-homeBusiness closureCapacity limitGathering capStanding duty
Character
order penalty
Grade
Primary source read

Executive orders, proclamations, and regulations have the force of law.... Control ingress and egress in a designated disaster or emergency area, the movement of persons within the area, and the occupancy of premises therein.... Any person who willfully violates any provision of an executive order or proclamation issued by the governor pursuant to this chapter is guilty of an infraction.

Enforcement: Infraction (37-17.1-05(8)): fine to $1,000; third conviction within a year sentenced as a class B misdemeanor (12.1-32-01(7)); every closure, reopening-condition and capacity order recited 'Violations of this Order are an infraction and subject to a one-thousand dollar fine' and that 'All local, county and state law enforcement officers are authorized and directed to enforce the provisions of this…

Citation: Legislative Assembly of North Dakota (codified statute; powers exercised by Governor Doug Burgum under Executive Order 2020-03), N.D.C.C. 37-17.1-05 (with 37-17.1-10 for local declarations) (standing) (Ex. DUT-ND-005) Open the exhibit

Ex. DUT-ND-006

N.D.C.C. 12.1-32-01, 12.1-32-01.1

Classification of offenses - penalties; organizational fines

Legislative Assembly of North Dakota (codified statute), North Dakota (State)

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

Class B misdemeanor, for which a maximum penalty of thirty days' imprisonment, a fine of one thousand five hundred dollars, or both, may be imposed. 7. Infraction, for which a maximum fine of one thousand dollars may be imposed.

Enforcement: n/a (this is the penalty schedule)

Citation: Legislative Assembly of North Dakota (codified statute), N.D.C.C. 12.1-32-01, 12.1-32-01.1 (standing) (Ex. DUT-ND-006) Open the exhibit

Ex. DUT-ND-007

N.D.C.C. 65-03-01, 65-03-02 (repealed 2023), 65-03-04

Jurisdiction of organization - safety regulations - enforcement; penalty for violation of safety rule or regulation (repealed by S.L. 2023, ch. 465, sec. 8); safety programs

Legislative Assembly of North Dakota (codified statute administered by Workforce Safety and Insurance, the State's exclusive workers' compensation fund), North Dakota (State)

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

The organization shall have full power and jurisdiction over and supervision of every place of employment subject to this title. Whenever necessary to enforce and administer this title, the organization may issue and enforce all rules and safety regulations. The organization may designate an individual to make inspections and determine if safety regulations are being followed.

Enforcement: Heading verified in the exhibit

Citation: Legislative Assembly of North Dakota (codified statute administered by Workforce Safety and Insurance, the State's exclusive workers' compensation fund), N.D.C.C. 65-03-01, 65-03-02 (repealed 2023), 65-03-04 (standing) (Ex. DUT-ND-007) Open the exhibit

Ex. DUT-ND-008

29 U.S.C. 654 (2020 ed.)

Duties of employers and employees (the general duty clause)

Congress (Occupational Safety and Health Act of 1970, Pub. L. 91-596, sec. 5, 84 Stat. 1593), administered by OSHA, U.S. Department of Labor (Bismarck Area Office, Region 8), United States (applicable in North Dakota, a federal-OSHA jurisdiction without an approved State plan) (Federal)

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

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

Enforcement: 29 U.S.C. 666 (civil penalties for serious, other-than-serious, willful and repeated violations; not in this exhibit)

Citation: Congress (Occupational Safety and Health Act of 1970, Pub. L. 91-596, sec. 5, 84 Stat. 1593), administered by OSHA, U.S. Department of Labor (Bismarck Area Office, Region 8), 29 U.S.C. 654 (2020 ed.) (standing) (Ex. DUT-ND-008) Open the exhibit

Ex. DUT-ND-009

N.D.C.C. 23-09-02, 23-09-09, 23-09-18, 23-09-19, 23-09-21, 23-09-22

Department to enforce provisions of chapter; sanitation and safety; failure to comply with chapter - notice; state's attorney to prosecute violation; penalty - general; license canceled

Legislative Assembly of North Dakota (codified statute administered by the State Department of Health, Division of Food and Lodging), North Dakota (State)

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

Every food establishment, lodging establishment, and assisted living facility must be operated with strict regard for the health, safety, and comfort of its patrons. The following sanitary and safety regulations must be followed... Any person operating a food establishment... without first having complied with this chapter, is guilty of a class B misdemeanor.

Enforcement: Class B misdemeanor (23-09-21); license denial or disciplinary action (23-09-18); license cancellation (23-09-22)

Citation: Legislative Assembly of North Dakota (codified statute administered by the State Department of Health, Division of Food and Lodging), N.D.C.C. 23-09-02, 23-09-09, 23-09-18, 23-09-19, 23-09-21, 23-09-22 (standing) (Ex. DUT-ND-009) Open the exhibit

Ex. DUT-ND-010

N.D.C.C. 42-01-01, 42-01-06, 42-01-07, 42-01-09, 42-01-13, 42-01-15

Nuisance - definition; public nuisance - definition; public nuisance - remedies against; abatement by public officer; liability of successive owners; maintaining public nuisance - penalty

Legislative Assembly of North Dakota (codified statute), North Dakota (State)

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

A nuisance consists in unlawfully doing an act or omitting to perform a duty, which act or omission: 1. Annoys, injures, or endangers the comfort, repose, health, or safety of others... Every person who maintains or commits any public nuisance... or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a class A misdemeanor.

Enforcement: Class A misdemeanor (42-01-15): 360 days and $3,000 for an individual, $30,000 for an organization (Ex. DUT-ND-006); abatement; civil action

Citation: Legislative Assembly of North Dakota (codified statute), N.D.C.C. 42-01-01, 42-01-06, 42-01-07, 42-01-09, 42-01-13, 42-01-15 (standing) (Ex. DUT-ND-010) Open the exhibit

Ex. DUT-ND-011

N.D. Admin. Code 33-06-03-01 to 33-06-03-04

Health officer investigation: infectious or communicable disease; insanitary condition; school may be closed; disclosure of records

State Department of Health (rule adopted under N.D.C.C. 23-01-03; administered by the State and local health officers), North Dakota (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureSchools and child careQuarantine and isolationStanding duty
Character
sanitary code duty
Grade
Primary source read

Each health officer shall investigate whenever and wherever the officer has reason to suspect that any insanitary condition dangerous to public health exists..., and if such insanitary condition is found to exist, the officer shall order its removal within a specified time by a written notice served on the owner or agent of the property whereon such insanitary condition exists.

Enforcement: Complaint 'for maintaining an insanitary condition dangerous to public health and in violation of the laws of the state and regulations of the state department of health' (33-06-03-02); infraction under N.D.C.C. 23-07-21(1) for violating a department rule or a health officer's order (Ex. DUT-ND-002); the rules 'have the force and effect of law' (23-01-04; Ex. DUT-ND-001)

Citation: State Department of Health (rule adopted under N.D.C.C. 23-01-03; administered by the State and local health officers), N.D. Admin. Code 33-06-03-01 to 33-06-03-04 (standing) (Ex. DUT-ND-011) Open the exhibit

Ex. DUT-ND-012

N.D. Admin. Code 33-33-04.1-01

Adoption of the United States Food and Drug Administration 2017 Model Food Code by reference (with modifications)

State Department of Health (rule adopted under N.D.C.C. ch. 23-09; administered by the Division of Food and Lodging and the local public health units), North Dakota (State)

Dates
Standing (2018-01-01)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOperating condition
Character
sanitary code duty
Grade
Primary source read

The provisions of the United States food and drug administration 2017 Model Food Code and its supplement are adopted by reference into this chapter, with the following modifications... a permitholder at the time of inspection shall correct a violation of a priority item or priority foundation item of this code

Enforcement: Through N.D.C.C. 23-09-18 (license discipline), 23-09-21 (class B misdemeanor) and 23-09-22 (license cancellation) (Ex. DUT-ND-009)

Citation: State Department of Health (rule adopted under N.D.C.C. ch. 23-09; administered by the Division of Food and Lodging and the local public health units), N.D. Admin. Code 33-33-04.1-01 (standing) (Ex. DUT-ND-012) Open the exhibit

Ex. DUT-ND-013

Open Records and Meetings Opinion 2021-O-01

Whether the County of Steele violated N.D.C.C. 44-04-19 by denying access to a public meeting held under the county's COVID-19 access and screening policy (special meeting of Sept. 15, 2020)

Attorney General Wayne Stenehjem (Open Records and Meetings Opinion under N.D.C.C. 44-04-21.1), issued to the County of Steele, North Dakota (State)

Dates
Standing (2021-02-24 (facts of Sept. 15, 2020))
Quarters
2020 Q32021 Q1
Limitations
Courts and public officesWorkplace rulesOther
Character
agency interpretation
Grade
Primary source read

Pursuant to Steele County's Covid policy, the doors to the Steele County Courthouse were locked at the time of the meeting. All access doors had a public notice with a number provided for building access and Covid screening.... The required health screening takes approximately 30 seconds to answer 3 questions and do a forehead temperature scan.

Enforcement: n/a

Citation: Attorney General Wayne Stenehjem (Open Records and Meetings Opinion under N.D.C.C. 44-04-21.1), issued to the County of Steele, Open Records and Meetings Opinion 2021-O-01 (Feb. 24, 2021) (Ex. DUT-ND-013) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

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

Duties of employers and employees

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

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

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

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

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

Ex. DUT-FED-002

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

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

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

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

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

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

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

Ex. DUT-FED-003

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

General requirements (Subpart I, Personal Protective Equipment)

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

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

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

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

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

Ex. DUT-FED-004

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

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

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

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

Enforcement: 29 U.S.C. 666

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

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

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

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

Enforcement: 29 U.S.C. 666

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

Ex. DUT-FED-006

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

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

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

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

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

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

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

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

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

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates
Standing (2021-01-29)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-08-13)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-06)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

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

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates
Standing (2020-09-09)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates
Standing (2020-09-11)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates
Standing (2021-04-22)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates
Standing (2021-04-15)
Quarters
2020 Q42021 Q2
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates
Standing (2020-10-09)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-11-06)
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rules
Character
agency enforcement summary
Grade
Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates
Standing (2020-12-08)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates
Standing (2021-04-20)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

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

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

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

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
liability shield condition
Grade
Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates
Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Other
Character
agency interpretation
Grade
Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

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

Dates
Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Vaccination or testingOther
Character
liability shield condition
Grade
Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates
Standing (2020-04-17)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-09-08)
Quarters
2020 Q32020 Q4
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

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

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

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

Dates
Standing (2020-03-21)
Quarters
2020 Q2
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

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

Dates
Standing (2020-05-06)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates
Standing (2020-03-18)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

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

Dates
Standing (2020-07-15)
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-04-26)
Quarters
2020 Q22020 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character
agency guidance recommendation
Grade
Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-07-09)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

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

Dates
Standing (2020-04-08)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

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

Dates
Standing (2020-05-27)
Quarters
2020 Q22020 Q3
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates
Standing (2020-03-13)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rules
Character
agency position statement
Grade
Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates
Standing (2021-01-08)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates
Standing (2021-10-01)
Quarters
2021 Q22021 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-12-16)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2021-05-28)
Quarters
2021 Q22021 Q3
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-06-10)
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates
Standing (2022-06-06)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Character
adjudication
Grade
Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

6. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business in North Dakota with the instruments this report found for the quarters selected and no others: the order; the function of the business it reached; the change it compelled, in its own words; the days of the quarter on which it was in force; and the statute's answer. Where the Library holds only federal-layer and standing-duty instruments for a quarter, the section says so and applies the test to those instruments.

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

Step one, the orders. In the second quarter of 2020 the Library holds 263 instruments in force for this selection: 46 instruments from the State of North Dakota (Governor Doug Burgum, Executive Order 2020-06.5 (May 6, 2020) (Ex. ND-039); Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 5, ND Smart Restart industry-specific standards: Fitness Centers (Apr. 28, 2020) (Ex. ND-037); Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041); and 43 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 38 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 36 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 (Ex. ND-031); DR (Ex. ND-039); FC (Ex. ND-039); HR (Ex. ND-008); WF workforce (Ex. ND-008); IN (Ex. ND-003); OF (Ex. ND-039); SL (Ex. ND-039); BA (Ex. ND-039); BQ banquets (Ex. ND-041).

Step three, the change compelled. Governor Doug Burgum, Executive Order 2020-06.5 (May 6, 2020) (Ex. ND-039) ordered: "At the discretion of local school boards and superintendents, high school graduation ceremonies may be held using school facilities, provided they follow proper social distancing and other mitigation guidelines issued by the ND Department of Public Instruction: ND Smart Restart: Graduation…" Enforcement: Infraction; $1,000 fine; law enforcement directed to enforce Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 5, ND Smart Restart industry-specific standards: Fitness Centers (Apr. 28, 2020) (Ex. ND-037) ordered: "Limit group fitness classes to 1 participant / staff per 144 square feet (SF)... Suspend or discontinue drop-in childcare until such time as social distancing measures are no longer in place.... Discontinue group sports (basketball, soccer, hockey, etc.) where more than 10 participants are playing…" Enforcement: Through EO 2020-06.4 ¶ 5 Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041) ordered: "Orange / High Risk is the level of guidance for mitigation strategies that North Dakota functioned under... emphasizing 'Stay Home. Stay Healthy. Stay Connected.' Only essential travel and essential critical infrastructure... recommended restrictions, such as avoiding groups greater than 10…" Enforcement: Recommendations, except where incorporated by executive order (EO 2020-06.4 to 06.6 for reopening conditions; EO 2020-43 for the tiered capacity caps) 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 2020-06.5 (Ex. ND-039) was in force from May 6, 2020 to May 15, 2020, 10 of the quarter's 110 days; ND Smart Restart industry-specific standards: Fitness Centers (Ex. ND-037) was in force from May 1, 2020 to May 22, 2020, 22 of the quarter's 110 days; ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance… (Ex. ND-041) was in force from May 15, 2020 to Jan. 18, 2021, 47 of the quarter's 110 days. Of the 46 instruments in the quarter's record, 2 were in force on its first day, 25 on its last day and 2 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the third quarter of 2020 the Library holds 245 instruments in force for this selection: 39 instruments from the State of North Dakota (Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041); Department of Commerce and State Health Officer (ND Smart Restart), ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020) (Ex. ND-046); Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces move to next phase of ND Smart Restart plan' (May 29, 2020) (Ex. ND-047); and 36 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 43 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 41 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF (Ex. ND-012); HR (Ex. ND-008); WF workforce (Ex. ND-008); DR (Ex. ND-041); HR credentialing (Ex. ND-004); IN (Ex. ND-015); BQ (Ex. ND-047); BQ banquets (Ex. ND-041); CT courts (Ex. ND-085); FC (Ex. ND-041).

Step three, the change compelled. Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041) ordered: "Orange / High Risk is the level of guidance for mitigation strategies that North Dakota functioned under... emphasizing 'Stay Home. Stay Healthy. Stay Connected.' Only essential travel and essential critical infrastructure... recommended restrictions, such as avoiding groups greater than 10…" Enforcement: Recommendations, except where incorporated by executive order (EO 2020-06.4 to 06.6 for reopening conditions; EO 2020-43 for the tiered capacity caps) Department of Commerce and State Health Officer (ND Smart Restart), ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020) (Ex. ND-046) ordered: "Capacity should be limited to a percentage of normal operating capacity for controlled and managed facilities or capped at a total number. If there is no way to control access of entry (egress), spread out activities to double the normal footprint.... Orange/High Risk Level... Only essential work…" Enforcement: Guidance until incorporated by EO 2020-43 (infraction; law enforcement directed to enforce) Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces move to next phase of ND Smart Restart plan' (May 29, 2020) (Ex. ND-047) ordered: "Gov. Doug Burgum today announced North Dakota is moving to the next phase of its ND Smart Restart plan, as the state continues to see a high rate of testing per capita, a low positive test rate and adequate hospital capacity to handle potential surges in COVID-19 cases." Enforcement: Recommendations 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. ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance… (Ex. ND-041) was in force from May 15, 2020 to Jan. 18, 2021, 92 of the quarter's 92 days; ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May… (Ex. ND-046) was in force from May 29, 2020 to Jan. 18, 2021, 92 of the quarter's 92 days; Governor's release, 'Burgum announces move to next phase of ND Smart Restart plan' (May… (Ex. ND-047) was in force from June 1, 2020 to Sept. 3, 2020, 65 of the quarter's 92 days. Of the 39 instruments in the quarter's record, 25 were in force on its first day, 28 on its last day and 21 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the fourth quarter of 2020 the Library holds 249 instruments in force for this selection: 44 instruments from the State of North Dakota (Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041); Department of Commerce and State Health Officer (ND Smart Restart), ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020) (Ex. ND-046); Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces changes to COVID-19 risk levels for counties, appoints Mariani interim state health officer' (Sept. 3, 2020) (Ex. ND-053); and 41 more), 160 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); and 157 more) and 45 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 43 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF (Ex. ND-012); HR (Ex. ND-008); DR (Ex. ND-041); BQ (Ex. ND-053); EMP (Ex. ND-063); SF (Ex. ND-059); WF workforce (Ex. ND-008); AC (Ex. ND-065); BA (Ex. ND-065); CB (Ex. ND-088).

Step three, the change compelled. Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041) ordered: "Orange / High Risk is the level of guidance for mitigation strategies that North Dakota functioned under... emphasizing 'Stay Home. Stay Healthy. Stay Connected.' Only essential travel and essential critical infrastructure... recommended restrictions, such as avoiding groups greater than 10…" Enforcement: Recommendations, except where incorporated by executive order (EO 2020-06.4 to 06.6 for reopening conditions; EO 2020-43 for the tiered capacity caps) Department of Commerce and State Health Officer (ND Smart Restart), ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020) (Ex. ND-046) ordered: "Capacity should be limited to a percentage of normal operating capacity for controlled and managed facilities or capped at a total number. If there is no way to control access of entry (egress), spread out activities to double the normal footprint.... Orange/High Risk Level... Only essential work…" Enforcement: Guidance until incorporated by EO 2020-43 (infraction; law enforcement directed to enforce) Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces changes to COVID-19 risk levels for counties, appoints Mariani interim state health officer' (Sept. 3, 2020) (Ex. ND-053) ordered: "For those moving from low risk to moderate risk, the recommendation for capacity in bars and restaurants decreases from 75 percent to 50 percent and the recommendation for large gatherings would decrease from 75 percent occupancy up to 500 attendees, to 50 percent occupancy up to 250 attendees." Enforcement: Recommendations 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. ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance… (Ex. ND-041) was in force from May 15, 2020 to Jan. 18, 2021, 92 of the quarter's 92 days; ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May… (Ex. ND-046) was in force from May 29, 2020 to Jan. 18, 2021, 92 of the quarter's 92 days; Governor's release, 'Burgum announces changes to COVID-19 risk levels for counties… (Ex. ND-053) was in force from Sept. 4, 2020 to Oct. 14, 2020, 14 of the quarter's 92 days. Of the 44 instruments in the quarter's record, 25 were in force on its first day, 31 on its last day and 21 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 252 instruments in force for this selection: 36 instruments from the State of North Dakota (Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041); Department of Commerce and State Health Officer (ND Smart Restart), ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020) (Ex. ND-046); Governor Doug Burgum, Executive Order 2020-43.2 (Corrected) (Dec. 10, 2020) (Ex. ND-067); and 33 more), 175 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); and 172 more) and 41 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 39 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 (Ex. ND-012); HR (Ex. ND-019); DR (Ex. ND-041); BA (Ex. ND-067); BQ (Ex. ND-067); HR credentialing (Ex. ND-004); MC (Ex. ND-067); all sectors (Ex. ND-073); BQ banquets (Ex. ND-041); CB (Ex. ND-088).

Step three, the change compelled. Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041) ordered: "Orange / High Risk is the level of guidance for mitigation strategies that North Dakota functioned under... emphasizing 'Stay Home. Stay Healthy. Stay Connected.' Only essential travel and essential critical infrastructure... recommended restrictions, such as avoiding groups greater than 10…" Enforcement: Recommendations, except where incorporated by executive order (EO 2020-06.4 to 06.6 for reopening conditions; EO 2020-43 for the tiered capacity caps) Department of Commerce and State Health Officer (ND Smart Restart), ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020) (Ex. ND-046) ordered: "Capacity should be limited to a percentage of normal operating capacity for controlled and managed facilities or capped at a total number. If there is no way to control access of entry (egress), spread out activities to double the normal footprint.... Orange/High Risk Level... Only essential work…" Enforcement: Guidance until incorporated by EO 2020-43 (infraction; law enforcement directed to enforce) Governor Doug Burgum, Executive Order 2020-43.2 (Corrected) (Dec. 10, 2020) (Ex. ND-067) ordered: "The requirements defined in Section (1) (a)-(h), above, will remain in effect until 8:00 a.m., Friday, January 8, 2021.... Effective November 16, 2020, occupancy of bars, restaurants and food service establishments is limited to 50% of the licensed seating capacity, not to exceed a maximum of 150…" Enforcement: Force and effect of law under N.D.C.C. § 37-17.1-05(2); all law enforcement officers directed to enforce 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. ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance… (Ex. ND-041) was in force from May 15, 2020 to Jan. 18, 2021, 18 of the quarter's 90 days; ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May… (Ex. ND-046) was in force from May 29, 2020 to Jan. 18, 2021, 18 of the quarter's 90 days; Executive Order 2020-43.2 (Corrected) (Ex. ND-067) was in force from Dec. 10, 2020 to Jan. 8, 2021, 8 of the quarter's 90 days. Of the 36 instruments in the quarter's record, 24 were in force on its first day, 19 on its last day and 14 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 232 instruments in force for this selection: 22 instruments from the State of North Dakota (Governor Doug Burgum, Executive Order 2020-16 (Mar. 30, 2020) (Ex. ND-016); Governor Doug Burgum, Executive Order 2020-43.5 (Jan. 16, 2021) (Ex. ND-074); Governor Doug Burgum, Executive Order 2020-03 (Mar. 13, 2020) (Ex. ND-001); and 19 more), 165 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334); and 162 more) and 45 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 43 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: HR (Ex. ND-019); WF (Ex. ND-012); EMP (Ex. ND-033); HC in-home visits (Ex. ND-025); HR credentialing (Ex. ND-006); TM telehealth (Ex. ND-006); WF workforce (Ex. ND-022); BA (Ex. ND-074); BQ (Ex. ND-074); CB customer admission practices (Ex. ND-082).

Step three, the change compelled. Governor Doug Burgum, Executive Order 2020-16 (Mar. 30, 2020) (Ex. ND-016) ordered: "hereby suspends the requirements that a meeting room be available to the public and that a speakerphone or monitor be provided at a physical location under NDCC § 44-04-19 when members of a governing body are attending a meeting via remote means." Enforcement: Suspension of statute Governor Doug Burgum, Executive Order 2020-43.5 (Jan. 16, 2021) (Ex. ND-074) ordered: "1. Capacity limitations and other restrictions for banquets, ballrooms, weddings and event venues, and capacity limitations and other restrictions on bars, restaurants and food service establishments set forth in Executive Order 2020-43.4 (January 7, 2021) are rescinded effective 8:00 a.m., January…" Enforcement: n/a (rescission) Governor Doug Burgum, Executive Order 2020-03 (Mar. 13, 2020) (Ex. ND-001) ordered: "hereby declares a state of emergency in North Dakota in response to the public health crisis resulting from the novel coronavirus (COVID-19), and hereby orders activation of the North Dakota State Emergency Operations Plan (SEOP)... All state agencies are ordered to provide response resources and…" Enforcement: Predicate order; N.D.C.C. § 37-17.1-05(2) gives executive orders the force and effect of law (recited in later orders) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Apr. 1, 2021 to June 30, 2021, 91 days. Executive Order 2020-16 (Ex. ND-016) was in force from Mar. 30, 2020 to Apr. 30, 2021, 30 of the quarter's 91 days; Executive Order 2020-43.5 (Ex. ND-074) was in force from Jan. 18, 2021 to Apr. 30, 2021, 30 of the quarter's 91 days; Executive Order 2020-03 (Ex. ND-001) was in force from Mar. 13, 2020 to Apr. 30, 2021, 30 of the quarter's 91 days. Of the 22 instruments in the quarter's record, 13 were in force on its first day, 4 on its last day and 0 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 212 instruments in force for this selection: 5 instruments from the State of North Dakota (Sixty-seventh Legislative Assembly (House Bill 1118); signed by Governor Burgum, House Bill 1118 (2021), an emergency measure (Apr. 22, 2021) (Ex. ND-078); Sixty-seventh Legislative Assembly (House Bill 1465); signed by Governor Burgum, House Bill 1465 (2021), an emergency measure (May 7, 2021) (Ex. ND-082); Sixty-seventh Legislative Assembly (House Bill 1323); signed by Governor Burgum, House Bill 1323 (2021) (Apr. 27, 2021) (Ex. ND-080); 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 40 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 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: CB customer admission practices (Ex. ND-082); CP campus operations (Ex. ND-083); EMP (Ex. ND-082); IN in-person instruction (Ex. ND-083); IN insurers (Ex. ND-082); IP inpatient capacity (Ex. ND-084); OP (Ex. ND-082); SX elective procedures (Ex. ND-084); TM telehealth (Ex. ND-082); WF student workforce in Fargo (Ex. ND-083).

Step three, the change compelled. Sixty-seventh Legislative Assembly (House Bill 1118); signed by Governor Burgum, House Bill 1118 (2021), an emergency measure (Apr. 22, 2021) (Ex. ND-078) ordered: "The state health officer shall limit a written order issued under this section to the geographical area affected by the communicable disease. The state health officer may not issue a statewide order under this section unless the governor has declared a statewide disaster or emergency under chapter…" Enforcement: Statutory limits on executive authority Sixty-seventh Legislative Assembly (House Bill 1465); signed by Governor Burgum, House Bill 1465 (2021), an emergency measure (May 7, 2021) (Ex. ND-082) ordered: "1. Except as provided under sections 15.1-23-02, 23-01-05.3, and 23-07-17.1, neither a state government entity nor any of its subdivisions, agents, or assigns may: a. Require documentation, whether physical or electronic, for the purpose of certifying or otherwise communicating the following before…" Enforcement: Statutory prohibition Sixty-seventh Legislative Assembly (House Bill 1323); signed by Governor Burgum, House Bill 1323 (2021) (Apr. 27, 2021) (Ex. ND-080) ordered: "Limitations on requirements to wear a mask. A statewide elected official or the state health officer may not mandate an individual in this state use a face mask, face shield, or other face covering. This section applies, notwithstanding authority granted under other provisions of law, including…" Enforcement: Statutory limit on State officials 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. House Bill 1118 (2021), an emergency measure (Ex. ND-078) was in force from Apr. 22, 2021 to Sept. 30, 2021, 92 of the quarter's 92 days; House Bill 1465 (2021), an emergency measure (Ex. ND-082) was in force from May 10, 2021 to Sept. 30, 2021, 92 of the quarter's 92 days; House Bill 1323 (2021) (Ex. ND-080) was in force from Aug. 1, 2021 to Sept. 30, 2021, 61 of the quarter's 92 days. Of the 5 instruments in the quarter's record, 2 were in force on its first day, 5 on its last day and 2 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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: 403 records, of which The COVID Project holds the document for 394. 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. DUT-FED-00129 U.S.C. 654 (OSH Act § 5, the general duty clause)Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)standingCongress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)/library/DUT-FED-001/exhibit/DUT-FED-001
Ex. DUT-FED-00229 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)Congress (OSH Act § 11(c))standingCongress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)/library/DUT-FED-002/exhibit/DUT-FED-002
Ex. DUT-FED-00329 C.F.R. 1910.132 (personal protective equipment, general requirements)Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)standingOccupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)/library/DUT-FED-003/exhibit/DUT-FED-003
Ex. DUT-FED-00429 C.F.R. 1910.134 (respiratory protection)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)/library/DUT-FED-004/exhibit/DUT-FED-004
Ex. DUT-FED-00529 C.F.R. 1910.141 (sanitation)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)/library/DUT-FED-005/exhibit/DUT-FED-005
Ex. DUT-FED-00629 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)/library/DUT-FED-006/exhibit/DUT-FED-006
Ex. DUT-FED-00729 C.F.R. 1910.1030 (bloodborne pathogens)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)/library/DUT-FED-007/exhibit/DUT-FED-007
Ex. DUT-FED-00829 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))standingOccupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)/library/DUT-FED-008/exhibit/DUT-FED-008
Ex. DUT-FED-009OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')standingOccupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)/library/DUT-FED-009/exhibit/DUT-FED-009
Ex. DUT-FED-010Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))standingOccupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)/library/DUT-FED-010/exhibit/DUT-FED-010
Ex. DUT-FED-011Protecting Workers guidance, as updated August 13, 2021Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)/library/DUT-FED-011/exhibit/DUT-FED-011
Ex. DUT-FED-013Guidance on Returning to Work (OSHA 4045, June 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)/library/DUT-FED-013/exhibit/DUT-FED-013
Ex. DUT-FED-015Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)standingOSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)/library/DUT-FED-015/exhibit/DUT-FED-015
Ex. DUT-FED-016Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)OSHA, Denver Area Office (Inspection No. 1475131)standingOSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)/library/DUT-FED-016/exhibit/DUT-FED-016
Ex. DUT-FED-017Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)standingOSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)/library/DUT-FED-017/exhibit/DUT-FED-017
Ex. DUT-FED-018Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)OSHA, Hartford Area Office (Inspection No. 1505094)standingOSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)/library/DUT-FED-018/exhibit/DUT-FED-018
Ex. DUT-FED-019Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)OSHA, Hartford Area Office (Inspection No. 1472908)standingOSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)/library/DUT-FED-019/exhibit/DUT-FED-019
Ex. DUT-FED-020Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)/library/DUT-FED-020/exhibit/DUT-FED-020
Ex. DUT-FED-021Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)OSHA, Avenel Area Office (Inspection No. 1480762)standingOSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)/library/DUT-FED-021/exhibit/DUT-FED-021
Ex. DUT-FED-022Citation, United States Postal Service, Washington, DC (general duty clause)OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)standingOSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)/library/DUT-FED-022/exhibit/DUT-FED-022
Ex. DUT-FED-02342 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)standingCenters for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)/library/DUT-FED-023/exhibit/DUT-FED-023
Ex. DUT-FED-02442 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)Centers for Medicare & Medicaid Services (hospital condition of participation)standingCenters for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)/library/DUT-FED-024/exhibit/DUT-FED-024
Ex. DUT-FED-02542 U.S.C. 247d-6d (PREP Act targeted liability protections)Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)standingCongress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)/library/DUT-FED-025/exhibit/DUT-FED-025
Ex. DUT-FED-026Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)standingDepartment of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)/library/DUT-FED-026/exhibit/DUT-FED-026
Ex. DUT-FED-027Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190Secretary of Health and Human Services (Alex M. Azar II)standingSecretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)/library/DUT-FED-027/exhibit/DUT-FED-027
Ex. DUT-FED-029Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and CrewsFederal Aviation Administration, Flight Standards Service (with the CDC)standingFederal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)/library/DUT-FED-029/exhibit/DUT-FED-029
Ex. DUT-FED-030What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)/library/DUT-FED-030/exhibit/DUT-FED-030
Ex. DUT-FED-03142 U.S.C. 12113 (ADA defenses; direct threat)Congress (Americans with Disabilities Act § 103)standingCongress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)/library/DUT-FED-031/exhibit/DUT-FED-031
Ex. DUT-FED-03229 C.F.R. 1630.2(r) (definition of direct threat)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)/library/DUT-FED-032/exhibit/DUT-FED-032
Ex. DUT-FED-03329 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)/library/DUT-FED-033/exhibit/DUT-FED-033
Ex. DUT-FED-034Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)/library/DUT-FED-034/exhibit/DUT-FED-034
Ex. DUT-FED-035Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)/library/DUT-FED-035/exhibit/DUT-FED-035
Ex. DUT-FED-037Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)standingFederal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)/library/DUT-FED-037/exhibit/DUT-FED-037
Ex. DUT-FED-060Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)/library/DUT-FED-060/exhibit/DUT-FED-060
Ex. DUT-FED-061Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)/library/DUT-FED-061/exhibit/DUT-FED-061
Ex. DUT-FED-062Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)/library/DUT-FED-062/exhibit/DUT-FED-062
Ex. DUT-FED-063Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)/library/DUT-FED-063/exhibit/DUT-FED-063
Ex. DUT-FED-064Considerations for Restaurants and Bars (updated May 27, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)/library/DUT-FED-064/exhibit/DUT-FED-064
Ex. DUT-FED-065Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)Federal Motor Carrier Safety AdministrationstandingFederal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)/library/DUT-FED-065/exhibit/DUT-FED-065
Ex. DUT-FED-066News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news releasestandingOccupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)/library/DUT-FED-066/exhibit/DUT-FED-066
Ex. DUT-FED-067News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)Occupational Safety and Health Administration, national news releasestandingOccupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)/library/DUT-FED-067/exhibit/DUT-FED-067
Ex. DUT-FED-069News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)standingOccupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)/library/DUT-FED-069/exhibit/DUT-FED-069
Ex. DUT-FED-070What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)/library/DUT-FED-070/exhibit/DUT-FED-070
Ex. DUT-FED-071What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)/library/DUT-FED-071/exhibit/DUT-FED-071
Ex. DUT-FED-072Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)/library/DUT-FED-072/exhibit/DUT-FED-072
Ex. DUT-FED-073Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette RooneystandingOccupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)/library/DUT-FED-073/exhibit/DUT-FED-073
Ex. DUT-ND-001N.D.C.C. 23-01-03, 23-01-04, 23-01-05Legislative Assembly of North Dakota (codified statute administered by the State Department of Health, since 2022 the Department of Health and Human Services)standingLegislative Assembly of North Dakota (codified statute administered by the State Department of Health, since 2022 the Department of Health and Human Services), N.D.C.C. 23-01-03, 23-01-04, 23-01-05 (standing) (Ex. DUT-ND-001)/library/DUT-ND-001/exhibit/DUT-ND-001
Ex. DUT-ND-002N.D.C.C. 23-07-06, 23-07-13, 23-07-14, 23-07-15, 23-07-21Legislative Assembly of North Dakota (codified statute administered by the State Department of Health and the local boards of health)standingLegislative Assembly of North Dakota (codified statute administered by the State Department of Health and the local boards of health), N.D.C.C. 23-07-06, 23-07-13, 23-07-14, 23-07-15, 23-07-21 (standing) (Ex. DUT-ND-002)/library/DUT-ND-002/exhibit/DUT-ND-002
Ex. DUT-ND-003N.D.C.C. 23-07.6-01 to 23-07.6-12Legislative Assembly of North Dakota (codified statute administered by the State Health Officer and local health officers)standingLegislative Assembly of North Dakota (codified statute administered by the State Health Officer and local health officers), N.D.C.C. 23-07.6-01 to 23-07.6-12 (standing) (Ex. DUT-ND-003)/library/DUT-ND-003/exhibit/DUT-ND-003
Ex. DUT-ND-004N.D.C.C. 23-35-08, 23-35-09, 23-35-12, 23-35-13Legislative Assembly of North Dakota (codified statute administered by the local boards of health and public health units)standingLegislative Assembly of North Dakota (codified statute administered by the local boards of health and public health units), N.D.C.C. 23-35-08, 23-35-09, 23-35-12, 23-35-13 (standing) (Ex. DUT-ND-004)/library/DUT-ND-004/exhibit/DUT-ND-004
Ex. DUT-ND-005N.D.C.C. 37-17.1-05 (with 37-17.1-10 for local declarations)Legislative Assembly of North Dakota (codified statute; powers exercised by Governor Doug Burgum under Executive Order 2020-03)standingLegislative Assembly of North Dakota (codified statute; powers exercised by Governor Doug Burgum under Executive Order 2020-03), N.D.C.C. 37-17.1-05 (with 37-17.1-10 for local declarations) (standing) (Ex. DUT-ND-005)/library/DUT-ND-005/exhibit/DUT-ND-005
Ex. DUT-ND-006N.D.C.C. 12.1-32-01, 12.1-32-01.1Legislative Assembly of North Dakota (codified statute)standingLegislative Assembly of North Dakota (codified statute), N.D.C.C. 12.1-32-01, 12.1-32-01.1 (standing) (Ex. DUT-ND-006)/library/DUT-ND-006/exhibit/DUT-ND-006
Ex. DUT-ND-007N.D.C.C. 65-03-01, 65-03-02 (repealed 2023), 65-03-04Legislative Assembly of North Dakota (codified statute administered by Workforce Safety and Insurance, the State's exclusive workers' compensation fund)standingLegislative Assembly of North Dakota (codified statute administered by Workforce Safety and Insurance, the State's exclusive workers' compensation fund), N.D.C.C. 65-03-01, 65-03-02 (repealed 2023), 65-03-04 (standing) (Ex. DUT-ND-007)/library/DUT-ND-007/exhibit/DUT-ND-007
Ex. DUT-ND-00829 U.S.C. 654 (2020 ed.)Congress (Occupational Safety and Health Act of 1970, Pub. L. 91-596, sec. 5, 84 Stat. 1593), administered by OSHA, U.S. Department of Labor (Bismarck Area Office, Region 8)standingCongress (Occupational Safety and Health Act of 1970, Pub. L. 91-596, sec. 5, 84 Stat. 1593), administered by OSHA, U.S. Department of Labor (Bismarck Area Office, Region 8), 29 U.S.C. 654 (2020 ed.) (standing) (Ex. DUT-ND-008)/library/DUT-ND-008/exhibit/DUT-ND-008
Ex. DUT-ND-009N.D.C.C. 23-09-02, 23-09-09, 23-09-18, 23-09-19, 23-09-21, 23-09-22Legislative Assembly of North Dakota (codified statute administered by the State Department of Health, Division of Food and Lodging)standingLegislative Assembly of North Dakota (codified statute administered by the State Department of Health, Division of Food and Lodging), N.D.C.C. 23-09-02, 23-09-09, 23-09-18, 23-09-19, 23-09-21, 23-09-22 (standing) (Ex. DUT-ND-009)/library/DUT-ND-009/exhibit/DUT-ND-009
Ex. DUT-ND-010N.D.C.C. 42-01-01, 42-01-06, 42-01-07, 42-01-09, 42-01-13, 42-01-15Legislative Assembly of North Dakota (codified statute)standingLegislative Assembly of North Dakota (codified statute), N.D.C.C. 42-01-01, 42-01-06, 42-01-07, 42-01-09, 42-01-13, 42-01-15 (standing) (Ex. DUT-ND-010)/library/DUT-ND-010/exhibit/DUT-ND-010
Ex. DUT-ND-011N.D. Admin. Code 33-06-03-01 to 33-06-03-04State Department of Health (rule adopted under N.D.C.C. 23-01-03; administered by the State and local health officers)standingState Department of Health (rule adopted under N.D.C.C. 23-01-03; administered by the State and local health officers), N.D. Admin. Code 33-06-03-01 to 33-06-03-04 (standing) (Ex. DUT-ND-011)/library/DUT-ND-011/exhibit/DUT-ND-011
Ex. DUT-ND-012N.D. Admin. Code 33-33-04.1-01State Department of Health (rule adopted under N.D.C.C. ch. 23-09; administered by the Division of Food and Lodging and the local public health units)standingState Department of Health (rule adopted under N.D.C.C. ch. 23-09; administered by the Division of Food and Lodging and the local public health units), N.D. Admin. Code 33-33-04.1-01 (standing) (Ex. DUT-ND-012)/library/DUT-ND-012/exhibit/DUT-ND-012
Ex. DUT-ND-013Open Records and Meetings Opinion 2021-O-01Attorney General Wayne Stenehjem (Open Records and Meetings Opinion under N.D.C.C. 44-04-21.1), issued to the County of SteelestandingAttorney General Wayne Stenehjem (Open Records and Meetings Opinion under N.D.C.C. 44-04-21.1), issued to the County of Steele, Open Records and Meetings Opinion 2021-O-01 (Feb. 24, 2021) (Ex. DUT-ND-013)/library/DUT-ND-013/exhibit/DUT-ND-013
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. ND-001Executive Order 2020-03Governor Doug BurgumMar. 13, 2020Governor Doug Burgum, Executive Order 2020-03 (Mar. 13, 2020) (Ex. ND-001)/library/ND-001/exhibit/ND-001
Ex. ND-002Executive Order 2020-04Governor Doug BurgumMar. 15, 2020Governor Doug Burgum, Executive Order 2020-04 (Mar. 15, 2020) (Ex. ND-002)/library/ND-002/exhibit/ND-002
Ex. ND-003Executive Order 2020-04.1Governor Doug BurgumMar. 16, 2020Governor Doug Burgum, Executive Order 2020-04.1 (Mar. 16, 2020) (Ex. ND-003)/library/ND-003/exhibit/ND-003
Ex. ND-004Executive Order 2020-05Governor Doug BurgumMar. 19, 2020Governor Doug Burgum, Executive Order 2020-05 (Mar. 19, 2020) (Ex. ND-004)/library/ND-004/exhibit/ND-004
Ex. ND-005Executive Order 2020-06Governor Doug BurgumMar. 19, 2020Governor Doug Burgum, Executive Order 2020-06 (Mar. 19, 2020) (Ex. ND-005)/library/ND-005/exhibit/ND-005
Ex. ND-006Executive Order 2020-05.1Governor Doug BurgumMar. 20, 2020Governor Doug Burgum, Executive Order 2020-05.1 (Mar. 20, 2020) (Ex. ND-006)/library/ND-006/exhibit/ND-006
Ex. ND-007Executive Order 2020-07 (Mar. 20, 2020)Governor Doug BurgumMar. 20, 2020Governor Doug Burgum, Executive Order 2020-07 (Mar. 20, 2020) (Ex. ND-007)/library/ND-007/exhibit/ND-007
Ex. ND-008Executive Order 2020-08Governor Doug BurgumMar. 20, 2020Governor Doug Burgum, Executive Order 2020-08 (Mar. 20, 2020) (Ex. ND-008)/library/ND-008/exhibit/ND-008
Ex. ND-009Executive Order 2020-09Governor Doug BurgumMar. 21, 2020Governor Doug Burgum, Executive Order 2020-09 (Mar. 21, 2020) (Ex. ND-009)/library/ND-009/exhibit/ND-009
Ex. ND-010Executive Order 2020-10Governor Doug BurgumMar. 22, 2020Governor Doug Burgum, Executive Order 2020-10 (Mar. 22, 2020) (Ex. ND-010)/library/ND-010/exhibit/ND-010
Ex. ND-011Executive Order 2020-11Governor Doug BurgumMar. 24, 2020Governor Doug Burgum, Executive Order 2020-11 (Mar. 24, 2020) (Ex. ND-011)/library/ND-011/exhibit/ND-011
Ex. ND-012Executive Order 2020-14Governor Doug BurgumMar. 26, 2020Governor Doug Burgum, Executive Order 2020-14 (Mar. 26, 2020) (Ex. ND-012)/library/ND-012/exhibit/ND-012
Ex. ND-013Executive Order 2020-06.1 (cross-reference to the existing library exhibit)Governor Doug BurgumMar. 27, 2020Governor Doug Burgum, Executive Order 2020-06.1 (cross-reference to the existing library exhibit) (Mar. 27, 2020) (Ex. ND-013)/library/ND-013/exhibit/ND-013
Ex. ND-014State Health Officer Confinement Order 2020-02State Health Officer Mylynn Tufte, North Dakota Department of HealthMar. 28, 2020State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-02 (Mar. 28, 2020) (Ex. ND-014)/library/ND-014/exhibit/ND-014
Ex. ND-015Executive Order 2020-10.1Governor Doug BurgumMar. 30, 2020Governor Doug Burgum, Executive Order 2020-10.1 (Mar. 30, 2020) (Ex. ND-015)/library/ND-015/exhibit/ND-015
Ex. ND-016Executive Order 2020-16Governor Doug BurgumMar. 30, 2020Governor Doug Burgum, Executive Order 2020-16 (Mar. 30, 2020) (Ex. ND-016)/library/ND-016/exhibit/ND-016
Ex. ND-017Executive Order 2020-06.2Governor Doug BurgumApr. 1, 2020Governor Doug Burgum, Executive Order 2020-06.2 (Apr. 1, 2020) (Ex. ND-017)/library/ND-017/exhibit/ND-017
Ex. ND-018North Dakota EO 2020-20 (Apr. 3, 2020; to Apr. 30, 2021)Governor Doug BurgumApr. 3, 2020Governor Doug Burgum, North Dakota EO 2020-20 (Apr. 3, 2020; to Apr. 30, 2021) (Ex. ND-018)/library/ND-018/exhibit/ND-018
Ex. ND-019Executive Order 2020-21Governor Doug BurgumApr. 6, 2020Governor Doug Burgum, Executive Order 2020-21 (Apr. 6, 2020) (Ex. ND-019)/library/ND-019/exhibit/ND-019
Ex. ND-020Executive Order 2020-22Governor Doug BurgumApr. 6, 2020Governor Doug Burgum, Executive Order 2020-22 (Apr. 6, 2020) (Ex. ND-020)/library/ND-020/exhibit/ND-020
Ex. ND-021State Health Officer Confinement Order 2020-02.1 (cross-reference to the existing library exhibit)State Health Officer Mylynn Tufte, North Dakota Department of HealthApr. 8, 2020State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-02.1 (cross-reference to the existing library exhibit) (Apr. 8, 2020) (Ex. ND-021)/library/ND-021/exhibit/ND-021
Ex. ND-022State Health Officer Confinement Order 2020-05State Health Officer Mylynn Tufte, North Dakota Department of HealthApr. 8, 2020State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-05 (Apr. 8, 2020) (Ex. ND-022)/library/ND-022/exhibit/ND-022
Ex. ND-023Executive Order 2020-25Governor Doug BurgumApr. 8, 2020Governor Doug Burgum, Executive Order 2020-25 (Apr. 8, 2020) (Ex. ND-023)/library/ND-023/exhibit/ND-023
Ex. ND-024Executive Order 2020-14.1Governor Doug BurgumApr. 9, 2020Governor Doug Burgum, Executive Order 2020-14.1 (Apr. 9, 2020) (Ex. ND-024)/library/ND-024/exhibit/ND-024
Ex. ND-025Executive Order 2020-21.1Governor Doug BurgumApr. 10, 2020Governor Doug Burgum, Executive Order 2020-21.1 (Apr. 10, 2020) (Ex. ND-025)/library/ND-025/exhibit/ND-025
Ex. ND-026State Health Officer Confinement Order 2020-06State Health Officer Mylynn Tufte, North Dakota Department of HealthApr. 10, 2020State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order 2020-06 (Apr. 10, 2020) (Ex. ND-026)/library/ND-026/exhibit/ND-026
Ex. ND-028Executive Order 2020-06.3Governor Doug BurgumApr. 15, 2020Governor Doug Burgum, Executive Order 2020-06.3 (Apr. 15, 2020) (Ex. ND-028)/library/ND-028/exhibit/ND-028
Ex. ND-029Executive Order 2020-12.1Governor Doug BurgumApr. 16, 2020Governor Doug Burgum, Executive Order 2020-12.1 (Apr. 16, 2020) (Ex. ND-029)/library/ND-029/exhibit/ND-029
Ex. ND-030Executive Order 2020-29Governor Doug BurgumApr. 17, 2020Governor Doug Burgum, Executive Order 2020-29 (Apr. 17, 2020) (Ex. ND-030)/library/ND-030/exhibit/ND-030
Ex. ND-031State Health Officer Confinement Order (LM Power (ND), Inc., Grand Forks)State Health Officer Mylynn Tufte, North Dakota Department of HealthApr. 18, 2020State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Confinement Order (LM Power (ND), Inc., Grand Forks) (Apr. 18, 2020) (Ex. ND-031)/library/ND-031/exhibit/ND-031
Ex. ND-032Executive Order 2020-21.2Governor Doug BurgumApr. 21, 2020Governor Doug Burgum, Executive Order 2020-21.2 (Apr. 21, 2020) (Ex. ND-032)/library/ND-032/exhibit/ND-032
Ex. ND-033State Health Officer Order 2020-07State Health Officer Mylynn Tufte, North Dakota Department of HealthApr. 26, 2020State Health Officer Mylynn Tufte, North Dakota Department of Health, State Health Officer Order 2020-07 (Apr. 26, 2020) (Ex. ND-033)/library/ND-033/exhibit/ND-033
Ex. ND-034ND Smart Restart: Standards for All Industries (updated Apr. 28, 2020) (cross-reference to the existing library exhibit)Department of Commerce and State Health Officer (ND Smart Restart), made a condition of reopening by Executive Order 2020-06.4 par. 2-7Apr. 28, 2020Department of Commerce and State Health Officer (ND Smart Restart), made a condition of reopening by Executive Order 2020-06.4 par. 2-7, ND Smart Restart: Standards for All Industries (updated Apr. 28, 2020) (cross-reference to the existing library exhibit) (Ex. ND-034)/library/ND-034/exhibit/ND-034
Ex. ND-035ND Smart Restart industry-specific standards: Restaurants, Bars, Breweries, Distilleries, Food Trucks (updated Apr. 28, 2020)Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 6Apr. 28, 2020Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 6, ND Smart Restart industry-specific standards: Restaurants, Bars, Breweries, Distilleries, Food Trucks (updated Apr. 28, 2020) (Ex. ND-035)/library/ND-035/exhibit/ND-035
Ex. ND-036ND Smart Restart industry-specific standards: Hair Salons, Barbershops, Nail Salons, Tanning Salons, Waxing Studios and Other Cosmetology Related Businesses…Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 2Apr. 28, 2020Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 2, ND Smart Restart industry-specific standards: Hair Salons, Barbershops, Nail Salons, Tanning Salons, Waxing Studios and Other Cosmetology Related Businesses (updated Apr. 28, 2020) (Ex. ND-036)/library/ND-036/exhibit/ND-036
Ex. ND-037ND Smart Restart industry-specific standards: Fitness CentersDepartment of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 5Apr. 28, 2020Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 5, ND Smart Restart industry-specific standards: Fitness Centers (Apr. 28, 2020) (Ex. ND-037)/library/ND-037/exhibit/ND-037
Ex. ND-038Executive Order 2020-06.4 (cross-reference to the existing library exhibit)Governor Doug BurgumApr. 29, 2020Governor Doug Burgum, Executive Order 2020-06.4 (cross-reference to the existing library exhibit) (Apr. 29, 2020) (Ex. ND-038)/library/ND-038/exhibit/ND-038
Ex. ND-039Executive Order 2020-06.5Governor Doug BurgumMay 6, 2020Governor Doug Burgum, Executive Order 2020-06.5 (May 6, 2020) (Ex. ND-039)/library/ND-039/exhibit/ND-039
Ex. ND-040Executive Order 2020-04.2Governor Doug BurgumMay 11, 2020Governor Doug Burgum, Executive Order 2020-04.2 (May 11, 2020) (Ex. ND-040)/library/ND-040/exhibit/ND-040
Ex. ND-041ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and…Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan)May 15, 2020Governor Doug Burgum; Department of Commerce; North Dakota Department of Health (ND Smart Restart plan), ND Smart Restart Plan (version of May 15, 2020): color-coded health guidance (Red/Critical, Orange/High, Yellow/Moderate, Green/Low, Blue/New Normal) and industry capacity guidance by risk level (Ex. ND-041)/library/ND-041/exhibit/ND-041
Ex. ND-042Executive Order 2020-06.6Governor Doug BurgumMay 15, 2020Governor Doug Burgum, Executive Order 2020-06.6 (May 15, 2020) (Ex. ND-042)/library/ND-042/exhibit/ND-042
Ex. ND-043ND Smart Restart industry-specific standards: Movie TheatersDepartment of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 7 and 06.5/06.6 ¶ 7May 15, 2020Department of Commerce and State Health Officer (ND Smart Restart), mandatory under EO 2020-06.4 ¶ 7 and 06.5/06.6 ¶ 7, ND Smart Restart industry-specific standards: Movie Theaters (May 15, 2020) (Ex. ND-043)/library/ND-043/exhibit/ND-043
Ex. ND-044Executive Order 2020-04.3Governor Doug BurgumMay 19, 2020Governor Doug Burgum, Executive Order 2020-04.3 (May 19, 2020) (Ex. ND-044)/library/ND-044/exhibit/ND-044
Ex. ND-045Executive Order 2020-06.7Governor Doug BurgumMay 22, 2020Governor Doug Burgum, Executive Order 2020-06.7 (May 22, 2020) (Ex. ND-045)/library/ND-045/exhibit/ND-045
Ex. ND-046ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020)Department of Commerce and State Health Officer (ND Smart Restart)May 29, 2020Department of Commerce and State Health Officer (ND Smart Restart), ND Smart Restart standards: Banquets, Ballrooms, Weddings and Event Venues (updated May 29, 2020) (Ex. ND-046)/library/ND-046/exhibit/ND-046
Ex. ND-047Governor's release, 'Burgum announces move to next phase of ND Smart Restart plan' (May 29, 2020)Office of Governor Doug Burgum (news release)May 29, 2020Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces move to next phase of ND Smart Restart plan' (May 29, 2020) (Ex. ND-047)/library/ND-047/exhibit/ND-047
Ex. ND-048Executive Order 2020-22.1Governor Doug BurgumJune 5, 2020Governor Doug Burgum, Executive Order 2020-22.1 (June 5, 2020) (Ex. ND-048)/library/ND-048/exhibit/ND-048
Ex. ND-049Executive Order 2020-36Governor Doug BurgumJune 23, 2020Governor Doug Burgum, Executive Order 2020-36 (June 23, 2020) (Ex. ND-049)/library/ND-049/exhibit/ND-049
Ex. ND-050Executive Order 2020-08.2Governor Doug BurgumJuly 8, 2020Governor Doug Burgum, Executive Order 2020-08.2 (July 8, 2020) (Ex. ND-050)/library/ND-050/exhibit/ND-050
Ex. ND-051Executive Order 2020-38 (cross-reference to the existing library exhibit)Governor Doug BurgumJuly 15, 2020Governor Doug Burgum, Executive Order 2020-38 (cross-reference to the existing library exhibit) (July 15, 2020) (Ex. ND-051)/library/ND-051/exhibit/ND-051
Ex. ND-052Executive Order 2020-36.1Governor Doug BurgumAug. 10, 2020Governor Doug Burgum, Executive Order 2020-36.1 (Aug. 10, 2020) (Ex. ND-052)/library/ND-052/exhibit/ND-052
Ex. ND-053Governor's release, 'Burgum announces changes to COVID-19 risk levels for counties, appoints Mariani interim state health officer' (Sept. 3, 2020)Office of Governor Doug Burgum (news release)Sept. 3, 2020Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces changes to COVID-19 risk levels for counties, appoints Mariani interim state health officer' (Sept. 3, 2020) (Ex. ND-053)/library/ND-053/exhibit/ND-053
Ex. ND-054Executive Order 2020-40Governor Doug Burgum (for the Board of Dental Examiners)Sept. 3, 2020Governor Doug Burgum (for the Board of Dental Examiners), Executive Order 2020-40 (Sept. 3, 2020) (Ex. ND-054)/library/ND-054/exhibit/ND-054
Ex. ND-055Executive Order 2020-42Governor Doug BurgumSept. 3, 2020Governor Doug Burgum, Executive Order 2020-42 (Sept. 3, 2020) (Ex. ND-055)/library/ND-055/exhibit/ND-055
Ex. ND-056State Health Officer Order 2020-02.4Interim State Health Officer Paul Mariani, M.D., North Dakota Department of HealthSept. 21, 2020Interim State Health Officer Paul Mariani, M.D., North Dakota Department of Health, State Health Officer Order 2020-02.4 (Sept. 21, 2020) (Ex. ND-056)/library/ND-056/exhibit/ND-056
Ex. ND-057State Health Officer Confinement Order 2020-06.1Interim State Health Officer Paul Mariani, M.D., North Dakota Department of HealthSept. 23, 2020Interim State Health Officer Paul Mariani, M.D., North Dakota Department of Health, State Health Officer Confinement Order 2020-06.1 (Sept. 23, 2020) (Ex. ND-057)/library/ND-057/exhibit/ND-057
Ex. ND-058State Health Officer Order 2020-06.2State Health Officer Dirk D. Wilke, J.D., M.B.A., North Dakota Department of HealthSept. 26, 2020State Health Officer Dirk D. Wilke, J.D., M.B.A., North Dakota Department of Health, State Health Officer Order 2020-06.2 (Sept. 26, 2020) (Ex. ND-058)/library/ND-058/exhibit/ND-058
Ex. ND-059Governor's release, 'Burgum announces changes to county risk levels, recommended gathering sizes to slow COVID-19' (Oct. 14, 2020)Office of Governor Doug Burgum (news release)Oct. 14, 2020Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces changes to county risk levels, recommended gathering sizes to slow COVID-19' (Oct. 14, 2020) (Ex. ND-059)/library/ND-059/exhibit/ND-059
Ex. ND-060State Health Officer Confinement Order 2020-05.2State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of HealthNov. 9, 2020State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health, State Health Officer Confinement Order 2020-05.2 (Nov. 9, 2020) (Ex. ND-060)/library/ND-060/exhibit/ND-060
Ex. ND-061State Health Officer Order 2020-08 (cross-reference to the existing library exhibit; re-issued and extended to Jan. 18, 2021 by Order 2020-08.1, Ex. ND-066)State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of HealthNov. 13, 2020State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health, State Health Officer Order 2020-08 (cross-reference to the existing library exhibit; re-issued and extended to Jan. 18, 2021 by Order 2020-08.1, Ex. ND-066) (Nov. 13, 2020) (Ex. ND-061)/library/ND-061/exhibit/ND-061
Ex. ND-062Executive Order 2020-43 (cross-reference to the existing library exhibit; amended by 2020-43.1 to 43.5, Ex. ND-065, ND-067, ND-070, ND-072, ND-074)Governor Doug BurgumNov. 13, 2020Governor Doug Burgum, Executive Order 2020-43 (cross-reference to the existing library exhibit; amended by 2020-43.1 to 43.5, Ex. ND-065, ND-067, ND-070, ND-072, ND-074) (Nov. 13, 2020) (Ex. ND-062)/library/ND-062/exhibit/ND-062
Ex. ND-063Governor's release, 'Burgum announces new requirements for businesses, gatherings and masks, delays winter activities' (Nov. 13, 2020)Office of Governor Doug Burgum (news release)Nov. 13, 2020Office of Governor Doug Burgum (news release), Governor's release, 'Burgum announces new requirements for businesses, gatherings and masks, delays winter activities' (Nov. 13, 2020) (Ex. ND-063)/library/ND-063/exhibit/ND-063
Ex. ND-064Grand Forks County Health Officer emergency order regarding masks (November 2020), as noticed on the City of Grand Forks Public Health 'Health Officer Orders'…Grand Forks County Health Officer (Grand Forks Public Health)Nov. 13, 2020Grand Forks County Health Officer (Grand Forks Public Health), Grand Forks County Health Officer emergency order regarding masks (November 2020), as noticed on the City of Grand Forks Public Health 'Health Officer Orders' page (Nov. 13, 2020) (Ex. ND-064)/library/ND-064/exhibit/ND-064
Ex. ND-065Executive Order 2020-43.1Governor Doug BurgumNov. 19, 2020Governor Doug Burgum, Executive Order 2020-43.1 (Nov. 19, 2020) (Ex. ND-065)/library/ND-065/exhibit/ND-065
Ex. ND-066State Health Officer Order 2020-08.1State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of HealthDec. 9, 2020State Health Officer Dirk Wilke, J.D., M.B.A., North Dakota Department of Health, State Health Officer Order 2020-08.1 (Dec. 9, 2020) (Ex. ND-066)/library/ND-066/exhibit/ND-066
Ex. ND-067Executive Order 2020-43.2 (Corrected)Governor Doug BurgumDec. 10, 2020Governor Doug Burgum, Executive Order 2020-43.2 (Corrected) (Dec. 10, 2020) (Ex. ND-067)/library/ND-067/exhibit/ND-067
Ex. ND-068Executive Order 2020-44Governor Doug BurgumDec. 18, 2020Governor Doug Burgum, Executive Order 2020-44 (Dec. 18, 2020) (Ex. ND-068)/library/ND-068/exhibit/ND-068
Ex. ND-069Executive Order 2020-45Governor Doug Burgum (for NDDOT Motor Vehicle Division)Dec. 18, 2020Governor Doug Burgum (for NDDOT Motor Vehicle Division), Executive Order 2020-45 (Dec. 18, 2020) (Ex. ND-069)/library/ND-069/exhibit/ND-069
Ex. ND-070Executive Order 2020-43.3Governor Doug BurgumDec. 21, 2020Governor Doug Burgum, Executive Order 2020-43.3 (Dec. 21, 2020) (Ex. ND-070)/library/ND-070/exhibit/ND-070
Ex. ND-071Executive Order 2021-01Governor Doug BurgumJan. 7, 2021Governor Doug Burgum, Executive Order 2021-01 (Jan. 7, 2021) (Ex. ND-071)/library/ND-071/exhibit/ND-071
Ex. ND-072Executive Order 2020-43.4Governor Doug BurgumJan. 7, 2021Governor Doug Burgum, Executive Order 2020-43.4 (Jan. 7, 2021) (Ex. ND-072)/library/ND-072/exhibit/ND-072
Ex. ND-073Governor's release, 'Burgum urges vigilance to keep COVID-19 numbers trending downward as statewide mask requirement expires Monday' (Jan. 15, 2021)Office of Governor Doug Burgum (news release)Jan. 15, 2021Office of Governor Doug Burgum (news release), Governor's release, 'Burgum urges vigilance to keep COVID-19 numbers trending downward as statewide mask requirement expires Monday' (Jan. 15, 2021) (Ex. ND-073)/library/ND-073/exhibit/ND-073
Ex. ND-074Executive Order 2020-43.5Governor Doug BurgumJan. 16, 2021Governor Doug Burgum, Executive Order 2020-43.5 (Jan. 16, 2021) (Ex. ND-074)/library/ND-074/exhibit/ND-074
Ex. ND-075Executive Order 2021-04Governor Doug BurgumFeb. 19, 2021Governor Doug Burgum, Executive Order 2021-04 (Feb. 19, 2021) (Ex. ND-075)/library/ND-075/exhibit/ND-075
Ex. ND-076Executive Order 2021-05Governor Doug BurgumFeb. 22, 2021Governor Doug Burgum, Executive Order 2021-05 (Feb. 22, 2021) (Ex. ND-076)/library/ND-076/exhibit/ND-076
Ex. ND-077Governor's release, 'Burgum to lift COVID-19 emergency declaration on April 30; vaccination efforts remain top priority' (Apr. 21, 2021)Office of Governor Doug Burgum (news release)Apr. 21, 2021Office of Governor Doug Burgum (news release), Governor's release, 'Burgum to lift COVID-19 emergency declaration on April 30; vaccination efforts remain top priority' (Apr. 21, 2021) (Ex. ND-077)/library/ND-077/exhibit/ND-077
Ex. ND-078House Bill 1118 (2021), an emergency measureSixty-seventh Legislative Assembly (House Bill 1118); signed by Governor BurgumApr. 22, 2021Sixty-seventh Legislative Assembly (House Bill 1118); signed by Governor Burgum, House Bill 1118 (2021), an emergency measure (Apr. 22, 2021) (Ex. ND-078)/library/ND-078/exhibit/ND-078
Ex. ND-079House Bill 1175 (2021), an emergency measure with retroactive application (cross-reference to the existing library exhibit)Sixty-seventh Legislative Assembly (House Bill 1175); signed by Governor Burgum April 23, 2021Apr. 23, 2021Sixty-seventh Legislative Assembly (House Bill 1175); signed by Governor Burgum April 23, 2021, House Bill 1175 (2021), an emergency measure with retroactive application (cross-reference to the existing library exhibit) (Apr. 23, 2021) (Ex. ND-079)/library/ND-079/exhibit/ND-079
Ex. ND-080House Bill 1323 (2021)Sixty-seventh Legislative Assembly (House Bill 1323); signed by Governor BurgumApr. 27, 2021Sixty-seventh Legislative Assembly (House Bill 1323); signed by Governor Burgum, House Bill 1323 (2021) (Apr. 27, 2021) (Ex. ND-080)/library/ND-080/exhibit/ND-080
Ex. ND-081Executive Order 2021-09Governor Doug BurgumApr. 30, 2021Governor Doug Burgum, Executive Order 2021-09 (Apr. 30, 2021) (Ex. ND-081)/library/ND-081/exhibit/ND-081
Ex. ND-082House Bill 1465 (2021), an emergency measureSixty-seventh Legislative Assembly (House Bill 1465); signed by Governor BurgumMay 7, 2021Sixty-seventh Legislative Assembly (House Bill 1465); signed by Governor Burgum, House Bill 1465 (2021), an emergency measure (May 7, 2021) (Ex. ND-082)/library/ND-082/exhibit/ND-082
Ex. ND-083NDSU COVID-19 Updates: fall 2021 face-covering requirement (page as archived Aug. 24, 2021)North Dakota State University (institution of the State Board of Higher Education)Aug. 24, 2021North Dakota State University (institution of the State Board of Higher Education), NDSU COVID-19 Updates: fall 2021 face-covering requirement (page as archived Aug. 24, 2021) (Ex. ND-083)/library/ND-083/exhibit/ND-083
Ex. ND-084Governor's release, 'Strain on hospitals reaches tipping point; leaders urge public to help reduce need for hospitalization' (Sept. 30, 2021)Office of Governor Doug Burgum (news release, with chief medical officers of the State's largest hospitals)Sept. 30, 2021Office of Governor Doug Burgum (news release, with chief medical officers of the State's largest hospitals), Governor's release, 'Strain on hospitals reaches tipping point; leaders urge public to help reduce need for hospitalization' (Sept. 30, 2021) (Ex. ND-084)/library/ND-084/exhibit/ND-084
Ex. ND-085Administrative Order 25, Coronavirus Pandemic (Declaration of Judicial Emergency), adopted March 16, 2020, amended March 17, April 15, May 20 and June 9, 2020…North Dakota Supreme Court (Jensen, C.J.)Mar. 16, 2020North Dakota Supreme Court (Jensen, C.J.), Administrative Order 25, Coronavirus Pandemic (Declaration of Judicial Emergency), adopted March 16, 2020, amended March 17, April 15, May 20 and June 9, 2020 (text as amended June 9, 2020) (Mar. 16, 2020) (Ex. ND-085)/library/ND-085/exhibit/ND-085
Ex. ND-086North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived April 17, 2020)North Dakota Court System (Supreme Court and presiding judges)Apr. 17, 2020North Dakota Court System (Supreme Court and presiding judges), North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived April 17, 2020) (Apr. 17, 2020) (Ex. ND-086)/library/ND-086/exhibit/ND-086
Ex. ND-087North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived December 1, 2020)North Dakota Court System (Supreme Court and presiding judges of the judicial districts)Dec. 1, 2020North Dakota Court System (Supreme Court and presiding judges of the judicial districts), North Dakota Court System, 'Emergency Order and Pandemic Response' page (as archived December 1, 2020) (Dec. 1, 2020) (Ex. ND-087)/library/ND-087/exhibit/ND-087
Ex. ND-088Fargo Board of City Commissioners, Regular Meeting minutes of October 19, 2020: Mayoral mask mandate issued under emergency powers; Resolution Extending the…Mayor Timothy Mahoney (under the Mayoral Declaration of a State of Emergency of March 16, 2020, as approved and extended by the Board of City Commissioners); Fargo Board of City CommissionersOct. 19, 2020Mayor Timothy Mahoney (under the Mayoral Declaration of a State of Emergency of March 16, 2020, as approved and extended by the Board of City Commissioners); Fargo Board of City Commissioners, Fargo Board of City Commissioners, Regular Meeting minutes of October 19, 2020: Mayoral mask mandate issued under emergency powers; Resolution Extending the Moratorium Pertaining to the Retail Sale of Alcoholic Beverages tied to the State of Emergency (Oct. 19, 2020) (Ex. ND-088)/library/ND-088/exhibit/ND-088
Ex. SEC-04-01429 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard)Occupational Safety and Health Administration, Department of LaborJune 21, 2021Occupational Safety and Health Administration, Department of Labor, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard) (June 21, 2021) (Ex. SEC-04-014)/library/SEC-04-014/exhibit/SEC-04-014
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=ND&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.