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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Nebraska

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 448 instruments cited; 435 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=NE&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 Nebraska 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=NE&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)

Nebraska, first day (Apr. 1, 2020): Apr. 1, 2020: Proclamation of state of emergency (NE-001); DHM Orders 2020-001 to 2020-005 in force for 30 counties including Douglas, Sarpy, Cass, Washington, Lancaster, Dodge, Saunders, Hall, Hamilton, York, Seward, Butler, Polk, Merrick, Madison, Stanton, Cuming, Burt and the Panhandle: gatherings over ten prohibited, bars and restaurants carry-out only, alcohol carry-out only, elective surgeries and procedures prohibited, 14-day household quarantine (NE-002 to NE-006); DHM 2020-008 issued Apr. 1 extending to 56 counties and closing all schools statewide through May 31 (NE-007); local DHMs in Lincoln (NE-076 recital), Central District and East Central District effective Apr. 3 (NE-087, NE-088); EOs 20-01 to 20-13 (NE-040 to NE-051).

Nebraska, last day (June 30, 2020): June 30, 2020: Phase III DHMs in 89 counties (indoor gatherings 50 percent and outdoor 75 percent not to exceed 10,000; eight-person parties; gyms and salons 75 percent with masks in salons; child care 15/20/24/30 per room; parades, carnivals, dances and beer gardens prohibited; 500/1,000-person plan approvals; international-travel quarantine; isolation and quarantine orders) (NE-014, NE-016); Phase II DHMs in Dakota, Hall, Hamilton and Merrick Counties (NE-013 terms); Lincoln local DHM 2020-05 (NE-078); state of emergency; EOs 20-02 (State travel ban), 20-05 (DMV), 20-06/20-09 (alcohol), 20-07 expired May 31, 20-08, 20-10, 20-12, 20-13 (NE-041 to NE-051).

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)

Nebraska, first day (July 1, 2020): July 1, 2020: Phase III DHMs statewide except Dakota, Hall, Hamilton and Merrick (Phase III there from July 6) (NE-016, NE-017 terms); Lincoln local DHM 2020-05/06 with 25-person or 25-percent indoor caps (NE-078); international-travel quarantine; isolation and quarantine orders; EO 20-29 issued this day (NE-057).

Nebraska, last day (Sept. 30, 2020): Sept. 30, 2020: Phase IV DHMs (indoor gatherings 75 percent, outdoor 100 percent, 500/1,000-person plan approvals, isolation and quarantine orders, employer congregate-housing rules) in every district (NE-037, NE-038, NE-039); Lincoln local DHM 2020-09 (face coverings for everyone five and older indoors in premises open to the public; gatherings capped at the greater of 50 persons or 50 percent indoors and 75 percent outdoors; eight-person parties) (NE-086); Omaha Ordinance 42309 as extended by Ordinance 42310 to Oct. 20, 2020 (NE-072, NE-073); state of emergency; EOs 20-08, 20-10, 20-12, 20-13, 20-27, 20-29 (NE-047, NE-049, NE-050, NE-051, NE-056, NE-057).

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)

Nebraska, first day (Oct. 1, 2020): Oct. 1, 2020: Phase IV DHMs (NE-037 to NE-039); Lincoln local DHM 2020-09 with mask mandate and 50-percent caps (NE-086); Omaha mask ordinance (NE-073); state of emergency and EOs.

Nebraska, last day (Dec. 31, 2020): Dec. 31, 2020: statewide DHMs in the blue phase since late December (indoor gatherings 75 percent; seated patrons and eight-person parties in bars and restaurants; six-foot separation between household units in churches, weddings and funerals; masks in salons, barbershops, massage, body art and other close-contact indoor businesses; hospital 10 percent bed reserve; isolation and quarantine orders) (NE-021, NE-023, NE-091, NE-092); Lincoln local DHM effective Dec. 18, 2020 (indoor gatherings 25 percent not to exceed 2,000; bars and restaurants 50 percent; alcohol cutoff 10:45 p.m. and closing 11 p.m.; masks when not seated; events of 500 or more postponed to Jan. 15, 2021) (NE-084); Omaha mask ordinance extended to Feb. 23, 2021 (NE-074); EO 20-36 public-meetings waiver (NE-061); state of emergency.

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)

Nebraska, first day (Jan. 1, 2021): Jan. 1, 2021: blue-phase DHMs (75 percent indoor gatherings and the sector rules above) (NE-021, NE-023, NE-092); Lincoln Dec. 18 DHM (NE-084); Omaha ordinance (NE-074); EOs 20-36 and 21-01 (NE-061, NE-063).

Nebraska, last day (Mar. 31, 2021): Mar. 31, 2021: green-phase DHMs effective Jan. 30, 2021 for every district (gathering occupancy 'not restricted beyond the facility's applicable rated occupancy,' but indoor venues of 500 or more (1,000 or more in Douglas County) must have an approved 'plan for reopening'; isolation and quarantine ordered for positives, symptomatic persons, close contacts and school-aged individuals; employer congregate-housing screening; vaccine-provider directives) (NE-026, NE-028); Lincoln local face-covering DHM continuing (NE-108); Omaha ordinance extended to May 25, 2021 (NE-075); EO 21-02 public-meetings waiver to Apr. 30, 2021 (NE-064); state of emergency.

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)

Nebraska, first day (Apr. 1, 2021): Apr. 1, 2021: green-phase DHMs (NE-028, NE-093); Lincoln mask DHM (NE-108); Omaha ordinance (NE-075); EO 21-02; state of emergency.

Nebraska, last day (June 30, 2021): June 30, 2021: no statewide DHM (ended 11:59 p.m. May 24, 2021; NE-095, NE-096); Lincoln mask DHM lifted May 21, 2021 (NE-108); Omaha ordinance expired May 25, 2021 (NE-075); state of emergency ends 11:59 p.m. this day (NE-067); EO 20-29 expires this day; EOs 20-08, 20-10, 20-12, 20-15, 20-18, 20-26, 20-37, 21-01, 21-03 in force (NE-067).

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)

Nebraska, first day (July 1, 2021): July 1, 2021: no state of emergency and no statewide DHM; EOs 20-08, 20-10, 20-15, 20-18, 20-37 and 21-01 in force to July 30, 2021, EO 20-12 to Aug. 27, 2021, EOs 20-26 and 21-03 through the quarter (NE-067); DHHS quarantine guidance recommended, not ordered (NE-096); federal layer.

Nebraska, last day (Sept. 30, 2021): Sept. 30, 2021: EO 21-12 hospital capacity emergency and credentialing waivers (Aug. 26 - Dec. 31, 2021) (NE-068); Lincoln-Lancaster County Health Department indoor mask DHM for everyone two and older regardless of vaccination status, effective Aug. 26, 2021, expiring this day and extended Sept. 28 to Oct. 28, 2021 (NE-080, NE-081); Lincoln Public Schools PreK-6 mask requirement from Aug. 9, 2021 (NE-109); DHHS assisted-living masking guidance of July 14, 2021 and the CMS nursing-home masking requirement it recites (NE-032); EOs 20-26 and 21-03; federal layer.

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 Nebraska473838263017102
Agencies, boards and authorities6442217
Standing duties49545954615179
All layers281259261257258236518

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 Nebraska

Ex. NE-011
Directed Health Measure Order 2020-NCHD-001

Directed Health Measure Order 2020-NCHD-001 (Phase I, May 4-31, 2020)

Nebraska DHHS, Chief Medical Officer, Nebraska (North Central District: Cherry, Keya Paha, Brown, Rock, Boyd, Holt, Knox, Antelope, Pierce Counties) (State)

Dates
In force from May 4, 2020 to May 31, 2020 (issued Apr. 30, 2020)
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering capFace-covering requirementSchools and child careHealth care ordersAlcohol and barsEvents and venuesQuarantine and isolation
Functions reached
DR 50 percent seated; BA carry-out only; SL masked; FC gyms six feet; EC child care 15 per room; IN schools closed; SP suspended; PE theaters and clubs closed; SX 30 percent reserve; WS
Grade
Primary source read
Days in this quarter
28

food and beverage sales at restaurants, bars, taverns, private clubs, and any dine-in establishments are allowed, but restricted to no more than 50% of the rated occupancy maximum at a time. Dining party(s) must be seated at individual tables (counter or bar seating is prohibited), dining party(s) must maintain a minimum of 6 feet of separation, and consist of no more than 6 individuals.... The sale and consumption of liquor, beer, and wine is permitted on premises when sold and consumed with a meal.... Beauty/nail salons, barber shops, massage therapy services, tattoo parlors/studios shall require the use of masks, or other item sufficient to cover an individual's mouth and nose, for all staff, practitioners and patrons.... 8. Daycare/childcare services... may not exceed the lessor of the current license limit or 15 children per room/space.

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-NCHD-001 (Apr. 30, 2020) (Ex. NE-011) Open the exhibit

Ex. NE-070
Douglas County Directed Health Measure of March 18, 2020 (and salon closure order of March 24, 2020)

Douglas County Health Department directed health measures, March 2020

Douglas County Health Department, Health Director Adi Pour, Ph.D., Douglas County (Omaha) (County)

Dates
In force from Mar. 18, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering cap
Functions reached
GATH; SL salons closed in Omaha from Mar. 24, 2020
Grade
Confirmed from a secondary source
Days in this quarter
105 (in force on the last day)

Beauty salons, nail salons, tattoo parlors, massage parlors must cease operations [Husch summary of the Mar. 24, 2020 order]; DHM 2020-001 recites that it 'does not supersede the provisions of the March 18, 2020 Order issued by Douglas County Nebraska' (NE-002)

Enforcement: Local DHM; enforced with law enforcement aid

Citation: Douglas County Health Department, Health Director Adi Pour, Ph.D, Douglas County Directed Health Measure of March 18, 2020 (and salon closure order of March 24, 2020) (Mar. 18, 2020) (Ex. NE-070)

Ex. NE-002
Directed Health Measure Order 2020-001

Directed Health Measure Order 2020-001 (Omaha metropolitan counties)

Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public Health, Nebraska (Cass, Douglas, Sarpy and Washington Counties) (State)

Dates
In force from Mar. 19, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capAlcohol and barsEvents and venues
Functions reached
DR dining room closed; BA bar closed; GATH events, weddings, funerals, conferences; CB customer base (Omaha metro); WF (schools and daycare within gathering definition)
Grade
Primary source read
Days in this quarter
43

Gatherings are hereby prohibited; A gathering is defined as any event or convening that brings together more than ten (10) patrons, customers or other invitees, excluding staff, in a single room or single space at the same time, including but not limited to, a school, daycare facility (including in-home facilities), gymnasium, salon, fitness center, auditorium, stadium, arena, large event conference room, meeting hall, theater, library, or any other confined indoor or outdoor space. This also includes weddings and funerals, as well as parades, fairs, festivals, concerts and other indoor and outdoor events.... Liquor, beer, and wine sales are restricted to carry-out sales and delivery only, to the extent permitted by law. No onsite consumption is permitted.... Food and beverage sales at restaurants, bars, taverns, private clubs, and any dine-in establishments are restricted to carry-out…

Enforcement: 'Failure to comply with this Order will result in legal action for enforcement by civil and/or criminal remedies. In the event of noncompliance with the terms of this Order, law enforcement and other Municipal and Local Public Health Department personnel will be required to aid the Department in enforcement of the Order, pursuant to 173 NAC 6 and NEB. REV. STAT. § 71-502.' Contested-case hearing…

Citation: Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-001 (Mar. 19, 2020) (Ex. NE-002) Open the exhibit

Ex. NE-003
Directed Health Measure Order 2020-002

Nebraska DHHS, Chief Medical Officer, Nebraska (Cass, Douglas, Sarpy; Lancaster, Dodge, Saunders, Washington) (State)

Dates
In force from Mar. 25, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capHealth care ordersAlcohol and barsQuarantine and isolation
Functions reached
DR; BA; GATH; SX elective surgery; PR elective procedures; WF quarantine of households; CB (Lincoln and Omaha metros)
Grade
Primary source read
Days in this quarter
98 (in force on the last day)

The following Directed Health Measures are hereby ordered for: Cass, Douglas, and Sarpy counties, effective immediately and continuing until April 30, 2020, in addition the following Directed Health Measures are also hereby ordered for Lancaster, Dodge, Saunders and Washington counties, effective immediately and continuing until May 6, 2020... This order supersedes previous Directed Health Measure Order 2020-001 for the aforementioned counties.

Enforcement: Same DHHS formula: civil and/or criminal remedies; law enforcement and local health personnel required to aid enforcement under 173 NAC 6 and Neb. Rev. Stat. § 71-502

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-002 (Mar. 25, 2020) (Ex. NE-003) Open the exhibit

Ex. NE-004
Directed Health Measure Order 2020-003

Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer, Nebraska (14 counties: adds Hall, Hamilton, York, Seward, Butler, Polk, Merrick) (State)

Dates
In force from Mar. 27, 2020 to Mar. 29, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capHealth care ordersAlcohol and barsQuarantine and isolation
Functions reached
DR; BA; GATH; SX; PR; WF; CB (Grand Island, York, Seward)
Grade
Primary source read
Days in this quarter
3

2. Elective surgeries and elective procedures are hereby prohibited. For the purposes of this Order, this means a surgery or procedure that is scheduled in advance because it does not involve a medical emergency. Surgeries or procedures that must be done to preserve the patient's life or physical health, but do not need to be performed immediately, are allowed by a case-by-case determination of the medical provider. 3. Individuals who test positive for COVID-19 or who have any of the following symptoms: fever of 100.4 F. or above, cough, shortness of breath and individuals who reside or resided with individuals who have tested positive... shall home-quarantine... for a period of no less than 14 days.

Enforcement: DHHS formula (civil and/or criminal remedies; law enforcement aid under 173 NAC 6 and § 71-502)

Citation: Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer, Directed Health Measure Order 2020-003 (Mar. 27, 2020) (Ex. NE-004) Open the exhibit

Ex. NE-005
Directed Health Measure Order 2020-004

Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer, Nebraska (18 counties: adds Madison, Stanton, Cuming, Burt) (State)

Dates
In force from Mar. 29, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capHealth care ordersAlcohol and barsQuarantine and isolation
Functions reached
DR; BA; GATH; SX; PR; WF; CB (Norfolk, West Point)
Grade
Primary source read
Days in this quarter
94 (in force on the last day)

This order supersedes previous Directed Health Measure Orders 2020-001, 2020-002 and 2020-003 for the aforementioned counties, provided, this Order does not supersede the provisions of any Directed Health Measure(s) issued by Local Health Departments. This Order will remain in effect no longer than necessary to ensure that individuals or groups affected by COVID-19 no longer pose a public health threat.

Enforcement: 'Failure to comply with this Order will result in legal action for enforcement by civil and/or criminal remedies.'

Citation: Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer, Directed Health Measure Order 2020-004 (Mar. 29, 2020) (Ex. NE-005) Open the exhibit

Ex. NE-006
Directed Health Measure Order 2020-005

Directed Health Measure Order 2020-005 (Panhandle expansion)

Nebraska DHHS, Chief Medical Officer, Nebraska (30 counties: adds Sioux, Scotts Bluff, Banner, Kimball, Dawes, Box Butte, Morrill, Cheyenne, Sheridan, Garden, Deuel, Grant) (State)

Dates
In force from Mar. 31, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capHealth care ordersAlcohol and barsQuarantine and isolation
Functions reached
DR; BA; GATH; SX; PR; WF; CB (Scottsbluff)
Grade
Primary source read
Days in this quarter
92 (in force on the last day)

the following Directed Health Measures are also hereby ordered for Sioux, Scotts Bluff, Banner, Kimball, Dawes, Box Butte, Morrill, Cheyenne, Sheridan, Garden, Deuel, and Grant counties effective immediately and continuing until May 11, 2020... 1. Gatherings are hereby prohibited... 2. Elective surgeries and elective procedures are hereby prohibited.

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-005 (Mar. 31, 2020) (Ex. NE-006) Open the exhibit

Ex. NE-007
Directed Health Measure Orders 2020-006, 2020-007 and 2020-008

Directed Health Measure Order 2020-008 (56 counties; statewide school closure)

Nebraska DHHS, Chief Medical Officer, Nebraska (56 counties; schools statewide) (State)

Dates
In force from Apr. 1, 2020 to Apr. 3, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capSchools and child careHealth care ordersAlcohol and barsQuarantine and isolation
Functions reached
WF workforce (schools closed statewide); IN in-person instruction; DR; BA; GATH; SX; PR
Grade
Primary source read
Days in this quarter
3

II. The following Directed Health Measures are hereby ordered for ALL counties statewide effectively immediately and continuing until May 31, 2020 unless renewed, extended, or terminated by subsequent order, all persons in all the aforementioned counties are ordered to comply: 1. All schools; public, private and parochial: are hereby ordered to cease all in-person instruction, and all extra-curricular activities except for: remote learning, child care services, meal distribution, distribution of educational materials and supplies, general building or physical plant operations and maintenance, and residential services may be continued as needed or necessary. 2. Schools are defined as public, private, and parochial elementary and secondary schools.

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Orders 2020-006, 2020-007 and 2020-008 (Apr. 1, 2020) (Ex. NE-007) Open the exhibit

Ex. NE-031
Directed Health Measure Order 2020-007

Nebraska DHHS, Chief Medical Officer, Nebraska (41 counties: adds Adams, Clay, Webster, Nuckolls, Buffalo, Dawson, Gosper, Phelps, Kearney, Harlan, Franklin) (State)

Dates
In force from Apr. 1, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capHealth care ordersAlcohol and barsQuarantine and isolation
Functions reached
DR; BA; GATH; SX; PR; WF; CB (Hastings, Kearney, Lexington)
Grade
Primary source read
Days in this quarter
91 (in force on the last day)

the following Directed Health Measures are also hereby ordered for Adams, Clay, Webster and Nuckolls counties effective immediately and continuing until May 11, 2020 and in addition the following Directed Health Measures are also hereby ordered for Buffalo, Dawson, Gosper, Phelps, Kearney, Harlan and Franklin counties effectively immediately and continuing until May 11, 2020

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-007 (Apr. 1, 2020) (Ex. NE-031) Open the exhibit

Ex. NE-008
Directed Health Measure Order 2020-009

Directed Health Measure Order 2020-009 (statewide)

Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public Health, Nebraska (all 93 counties) (State)

Dates
In force from Apr. 3, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capSchools and child careHealth care ordersAlcohol and barsEvents and venuesQuarantine and isolation
Functions reached
WF (schools closed; household quarantine); IN; DR; BA; GATH; SX; PR elective dental and medical procedures; CH chairside dental care; CB
Grade
Primary source read
Days in this quarter
28

1. Gatherings are hereby prohibited; A gathering is defined as any event or convening that brings together more than ten (10) patrons, customers or other invitees, excluding staff, in a single room or single space at the same time... 2.... Elective medical and dental surgeries and elective medical and dental procedures are hereby prohibited. For the purposes of this Order, this means a surgery or procedure that is scheduled in advance because it does not involve a medical or dental emergency.... II. The following Directed Health Measures are hereby ordered for ALL counties statewide effectively immediately and continuing until May 31, 2020... 1. All schools; public, private and parochial: are hereby ordered to cease all in-person instruction, and all extra-curricular activities except for: remote learning, child care services, meal distribution, distribution of educational materials and…

Enforcement: 'Failure to comply with this Order will result in legal action for enforcement by civil and/or criminal remedies. In the event of noncompliance with the terms of this Order, law enforcement and other Municipal and Local Public Health Department personnel will be required to aid the Department in enforcement of the Order, pursuant to 173 NAC 6 and NEB. REV. STAT. § 71-502.'

Citation: Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-009 (Apr. 3, 2020) (Ex. NE-008) Open the exhibit

Ex. NE-087
Directed Health Measure Findings and Order DHM 2020-2

Central District Health Department Directed Health Measure Findings and Order DHM 2020-2

Central District Health Department, Health Director Teresa Anderson, Central District Health Department (Hall, Hamilton and Merrick Counties; Grand Island and seventeen other cities and villages) (County)

Dates
In force from Apr. 3, 2020 to June 1, 2020 (issued Apr. 2, 2020)
Quarters
2020 Q2
Limitations
Business closureGathering capQuarantine and isolation
Functions reached
GATH; DR; BA; WF (Grand Island meatpacking outbreak area)
Grade
Primary source read
Days in this quarter
60

THEREFORE, the following Directed Health Measures are hereby ordered with respect to persons and places within the boundaries of the Political Subdivisions effective on April 3, 2020 at 12:01 a.m.... Law enforcement may aid the Health Director in enforcement. Failure to comply with this Order will result in legal action for enforcement by civil and/or criminal remedies.

Enforcement: Civil and/or criminal remedies; law enforcement aid

Citation: Central District Health Department, Health Director Teresa Anderson, Directed Health Measure Findings and Order DHM 2020-2 (Apr. 2, 2020) (Ex. NE-087) Open the exhibit

Ex. NE-009
Directed Health Measure Order 2020-010 (and 2020-011)

Directed Health Measure Order 2020-010 (personal-care, club and theater closures; team sports)

Nebraska DHHS, Chief Medical Officer, Nebraska (all 93 counties) (State)

Dates
In force from Apr. 9, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capSchools and child careHealth care ordersEvents and venuesQuarantine and isolation
Functions reached
SL salon, barber, nail and spa services closed; PE theaters closed; SP sports; GATH; CB
Grade
Confirmed from a secondary source
Days in this quarter
22

All beauty/nail salons, barber shops, massage therapy services, gentleman's clubs, bottle clubs, indoor movie theatres, indoor theatres, and tattoo parlors/studios are hereby ordered to cease providing services to the public.... All organized team sports, youth and adult, including but not limited to club sports are hereby suspended. [clauses as carried verbatim into Order 2020-LLHD-001, NE-010]

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-010 (and 2020-011) (Apr. 9, 2020) (Ex. NE-009)

Ex. NE-010
Directed Health Measure Order 2020-LLHD-001

Directed Health Measure Order 2020-LLHD-001 (Lancaster County, May 4-10, 2020)

Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public Health, Nebraska (Lancaster County) (State)

Dates
In force from May 4, 2020 to May 10, 2020 (issued Apr. 30, 2020)
Quarters
2020 Q2
Limitations
Business closureGathering capSchools and child careHealth care ordersAlcohol and barsEvents and venuesQuarantine and isolation
Functions reached
SX; PR; SL; PE; SP; IN; WF; DR; BA; GATH; WS
Grade
Primary source read
Days in this quarter
7

Elective medical surgeries and procedures are allowed in the aforementioned facilities so long as those facilities maintain and dedicate 30% of general bed capacity, 30% of ICU bed capacity, and 30% of ventilator capacity for non-elective surgery/procedure patients. In addition these facilities must maintain a two week supply of necessary PPE... 4. All elementary and secondary schools-public, private, and parochial-are hereby ordered to cease all in-person instruction... 5. All beauty/nail salons, barber shops, massage therapy services, gentleman's clubs, bottle clubs, indoor movie theatres, indoor theatres, and tattoo parlors/studios are hereby ordered to cease providing services to the public.... 6. All organized team sports, youth and adult, including but not limited to club sports are hereby suspended. 7. Religious services, including weddings or funerals, are allowed but shall be…

Enforcement: DHHS formula; 'binding and enforceable regardless of any Directed Health Measure(s) issued by Local Health Departments or municipalities'

Citation: Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-LLHD-001 (Apr. 30, 2020) (Ex. NE-010) Open the exhibit

Ex. NE-076
Lincoln-Lancaster County Directed Health Measures 2020-02

Directed Health Measures 2020-02 (supersedes 2020-01)

Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, City of Lincoln and Lancaster County (County)

Dates
In force from May 7, 2020 to May 10, 2020 (issued Apr. 30, 2020)
Quarters
2020 Q2
Limitations
Business closureGathering capSchools and child careAlcohol and barsOther
Functions reached
DR; BA; GATH; EC child care 10 per group; RT door-to-door sales
Grade
Primary source read
Days in this quarter
4

1) Gatherings are hereby prohibited. Gatherings are defined as any event or convening that brings together more than ten (10) patrons, customers, or other invitees... 2) Alcohol sales are restricted to carry-out sales and delivery only... 3) Food and beverage sales at restaurants, bars, taverns, private clubs, and any dine-in establishments are restricted to drive-thru, carry out, and delivery only... 4) Daycare and childcare facilities shall operate under the following conditions: A. Childcare shall be carried out in groups of ten (10) or fewer children... 5) Door-to-door sales activities are prohibited within the City of Lincoln.

Enforcement: 'Pursuant to LMC § 8.18.170, any person who is found to have violated any provision of this Order within the City of Lincoln shall be guilty of a City Misdemeanor and subjected to a fine of no more than $500.00, or imprisonment in the county jail for a period not to exceed six (6) months, or both... Pursuant to NEB. REV. STAT. § 23-174, any person... outside the City of Lincoln shall be guilty of…

Citation: Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln-Lancaster County Directed Health Measures 2020-02 (Apr. 30, 2020) (Ex. NE-076) Open the exhibit

Ex. NE-077
Lincoln-Lancaster County Directed Health Measures 2020-04

Directed Health Measures 2020-04 (Lincoln Phase I)

Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, City of Lincoln and Lancaster County (County)

Dates
In force from May 11, 2020 to June 30, 2020 (issued May 7, 2020)
Quarters
2020 Q2
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsOther
Functions reached
DR 50 percent; SL; FC; EC 15 per group; GATH ten-person prohibition
Grade
Primary source read
Days in this quarter
51 (in force on the last day)

Food and beverage sales at restaurants... are allowed but are restricted to no more Patrons than 50% of rated maximum occupancy at a time... 4) Barber Shops, Cosmetology Establishments, Body Art Facilities, and Massage Therapists shall abide by... Appendix 2... 5) Daycare and childcare facilities... Childcare shall be carried out in groups of fifteen (15) or fewer children.

Enforcement: LMC § 8.18.170 city misdemeanor ($500 / six months); Neb. Rev. Stat. § 23-174 Class III misdemeanor outside the city; each day a separate offense; injunctive relief

Citation: Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln-Lancaster County Directed Health Measures 2020-04 (May 7, 2020) (Ex. NE-077) Open the exhibit

Ex. NE-012
Outline of Changes to Upcoming DHMs Phase II

Outline of Changes to Upcoming DHMs Phase II (statewide changes starting June 1, 2020)

Nebraska DHHS, Nebraska (State)

Dates
In force from June 1, 2020 to June 21, 2020 (issued May 21, 2020)
Quarters
2020 Q2
Limitations
Capacity limitGathering capFace-covering requirementTravel and quarantineAlcohol and barsEvents and venuesQuarantine and isolation
Functions reached
GATH; DR; BA; FC; SL; EC; TV travel; SP; MC meetings
Grade
Primary source read
Days in this quarter
21

Gatherings will be limited to the greater of 25 people (excluding staff) or 25% of rated occupancy (not to exceed 3,000)... Parades, carnivals, midways, dances and street dances, and beer gardens are prohibited through June 30th... Plans for reopening must be submitted to the local health departments and approved for all indoor and outdoor locations/venues that hold 500 or more individuals (1,000 or more in counties over 500,000 population) before reopening is permitted.... All individuals returning from international travel only will be required to quarantine upon returning to Nebraska for 14 days.

Enforcement: Implemented through the district DHMs (NE-013), which carry the DHHS enforcement formula

Citation: Nebraska DHHS, Outline of Changes to Upcoming DHMs Phase II (May 21, 2020) (Ex. NE-012) Open the exhibit

Ex. NE-013
Directed Health Measure Order 2020-NEHD-002

Directed Health Measure Order 2020-NEHD-002 (Phase II, June 1-30, 2020)

Nebraska DHHS, Chief Medical Officer, Nebraska (Northeast Nebraska Public Health District: Cedar, Dixon, Wayne, Thurston Counties) (State)

Dates
In force from June 1, 2020 to June 30, 2020 (issued May 29, 2020)
Quarters
2020 Q2
Limitations
Capacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careHealth care ordersAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
GATH; DR; BA; FC; SL; SX 15 percent reserve; SP; WS; EC; TV; FP farm and plant worker housing; WF isolation 10 days and quarantine 14 days
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

Gatherings are restricted to the greater of twenty-five (25) patrons, customers or other invitees (excluding staff) or twenty-five percent (25%) of the applicable rated occupancy (but never to exceed 3,000 individuals).... Restaurants, bars, taverns, bowling alleys, private clubs, bottle clubs, and gentleman clubs... shall be restricted to no more than fifty percent (50%) of the rated occupancy maximum at a time.... 7. Every individual who enters the State of Nebraska as the final destination from any international point of origin... shall home-quarantine... for a period of no less than fourteen (14) days... 8. Any employer required by law to provide housing to an employee or worker and who provides congregate or shared housing to employees or workers, must, at minimum, (1) post signage... (3) perform daily verbal screening and temperature checks of all employees or workers living in…

Enforcement: DHHS formula; 'binding and enforceable regardless of any Directed Health Measure(s) issued by Local Health Departments'

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-NEHD-002 (May 29, 2020) (Ex. NE-013) Open the exhibit

Ex. NE-078
Lincoln-Lancaster County Directed Health Measures 2020-05

Directed Health Measures 2020-05 (Lincoln Phase II)

Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, City of Lincoln and Lancaster County (County)

Dates
In force from June 1, 2020 to June 30, 2020 (issued May 29, 2020)
Quarters
2020 Q2
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careOther
Functions reached
GATH 25 persons or 25 percent; DR; SL; EC; CT Hall of Justice masking
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

9) All individuals shall wear face coverings of the nose and mouth while present in any areas open to the public while in the Hall of Justice located at 575 South 10th Street, Lincoln, Nebraska... 10) This Order shall not apply to courts of law, meetings or sessions of the Nebraska Legislature, or operations of any other political subdivision; medical providers or facilities, pharmacies; public utilities, essential federal, state, county, and city operations; continuity of business operations; logistics/distribution centers; congregate living settings...

Enforcement: LMC § 8.18.170; Neb. Rev. Stat. § 23-174; injunctive relief

Citation: Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln-Lancaster County Directed Health Measures 2020-05 (May 29, 2020) (Ex. NE-078) Open the exhibit

Ex. NE-014
Outline of Changes to Upcoming DHMs Phase III (updated July 13, 2020)

Outline of Changes to Upcoming DHMs Phase III

Nebraska DHHS, Nebraska (State)

Dates
In force from June 22, 2020 to Sept. 13, 2020 (issued June 16, 2020)
Quarters
2020 Q22020 Q3
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venues
Functions reached
GATH; MC conventions and banquets; DR 100 percent with 8-person parties; FC 75 percent; SL 75 percent masked; EC 15/20/24/30; SX
Grade
Primary source read
Days in this quarter
9 (in force on the last day)

INDOOR Gatherings will be limited to 50% of rated occupancy (not to exceed 10,000). OUTDOOR Gatherings will be limited to 75% of rated occupancy (not to exceed 10,000).... Groups shall be no larger than eight (8) individuals.... Parades, carnivals, midways, dances and street dances, and beer gardens remain prohibited through Phase III.... Plans for reopening or expanding to new capacity limits must be submitted to the local health departments and approved for all indoor and outdoor locations/venues that hold 500 or more individuals (1,000 or more in counties over 500,000 population)... All restrictions on elective surgeries are removed from DHM starting June 22nd.

Enforcement: Implemented through the district DHMs (NE-016, NE-017)

Citation: Nebraska DHHS, Outline of Changes to Upcoming DHMs Phase III (updated July 13, 2020) (June 16, 2020) (Ex. NE-014) Open the exhibit

Ex. NE-042
Executive Order 20-03

Corona Virus - Public Meetings Requirement Limited Waiver

Governor Pete Ricketts, Nebraska (all public bodies) (State)

Dates
In force from Mar. 17, 2020 to May 31, 2020
Quarters
2020 Q2
Limitations
Gathering capCourts and public offices
Functions reached
PM permits, inspections and public hearings; CT agencies and boards; OW public owners' meetings
Grade
Primary source read
Days in this quarter
76

WHEREAS, for public health purposes, meetings and gatherings have now been limited to no more than 50 people and may be further limited if the presence of COVID-19 warrants;... 2. All governing bodies may meet by videoconference or by telephone conferencing or by conferencing by other electronic communication so long as there is made available at such meeting access to members of the public and to members of the media.

Enforcement: Waiver of statutory meeting requirements

Citation: Governor Pete Ricketts, Executive Order 20-03 (Mar. 17, 2020) (Ex. NE-042) Open the exhibit

Ex. NE-105
Two Rivers Public Health Department Directed Health Measures 2020-001

Two Rivers Public Health Department, Health Director, Two Rivers Public Health District (Buffalo, Dawson, Franklin, Gosper, Harlan, Kearney and Phelps Counties; Kearney and Lexington) (County)

Dates
In force from Apr. 1, 2020 to Apr. 3, 2020
Quarters
2020 Q2
Limitations
Gathering capQuarantine and isolation
Functions reached
GATH; WF quarantine (Lexington packing-plant outbreak district)
Grade
Primary source read
Days in this quarter
3

Pursuant to Neb. Rev. Stat. §§ 71-501 and 71-1626 et seq. the Two Rivers Public Health Department is tasked with promoting the health and welfare of its citizens by preventing the spread of communicable, contagious, and infectious diseases... Two Rivers Public Health Department has promulgated such regulations concerning public health and the prevention of communicable diseases.

Enforcement: Local DHM; civil and/or criminal remedies

Citation: Two Rivers Public Health Department, Health Director, Two Rivers Public Health Department Directed Health Measures 2020-001 (Apr. 1, 2020) (Ex. NE-105) Open the exhibit

Ex. NE-088
COVID-19 Directive Health Measures of April 3, 2020

East Central District Health Department COVID-19 Directive Health Measures

East Central District Health Department (Board of Health and Health Director), East Central District Health Department (Boone, Colfax, Nance and Platte Counties; Columbus) (County)

Dates
In force from Apr. 3, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Gathering capHealth care ordersQuarantine and isolation
Functions reached
GATH; WF quarantine; CB (Columbus)
Grade
Primary source read
Days in this quarter
89 (in force on the last day)

Pursuant to Nebraska Revised Statute section 71-1631(7), the East Central District Board of Health has promulgated such regulations concerning public health and the prevention of communicable diseases within its jurisdiction as approved by the Nebraska Department of Health and Human Services... Please see the attached, and hereby incorporated in full, Quarantine directions, per 173 NAC 6-006.03B.

Enforcement: Local regulation enforced under §§ 71-501 and 71-506; hearing before the Director

Citation: East Central District Health Department (Board of Health and Health Director), COVID-19 Directive Health Measures of April 3, 2020 (Apr. 3, 2020) (Ex. NE-088) Open the exhibit

Ex. NE-036
June 1st Statewide Sports Reopening Guidelines

Nebraska DHHS, Nebraska (State)

Dates
In force from June 1, 2020 to Sept. 13, 2020 (issued May 21, 2020)
Quarters
2020 Q22020 Q3
Limitations
Gathering capSchools and child careEvents and venues
Functions reached
SP sports and leagues; FC facilities; CN concessions
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

Violation of these rules may mean a team is prohibited from practicing or playing games for the entire summer.... Individual sports such as golf and tennis (including doubles tennis) are not prohibited under any Directed Health Measure (DHM), however, participants must practice social/physical distancing. Classification of Team Sports According to Contact Level: Contact - Basketball, Boxing, Cheerleading, Football (tackle), Gymnastics, Hockey, Lacrosse, Martial arts... Limited-Contact - Baseball, Football (flag or touch), Softball, Volleyball...

Enforcement: Binding through incorporation into the DHMs (NE-013: 'These guidelines shall govern all Adult, Youth and School Sports')

Citation: Nebraska DHHS, June 1st Statewide Sports Reopening Guidelines (May 21, 2020) (Ex. NE-036) Open the exhibit

Ex. NE-071
Booth, Tabling, and Sales Events Guidance (updated June 19, 2020)

Booth, Tabling, and Sales Events Guidance

Nebraska DHHS, Nebraska (State)

Dates
In force from June 19, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Gathering capEvents and venues
Functions reached
MK sales events, shows; GATH
Grade
Primary source read
Days in this quarter
12 (in force on the last day)

All counties in Nebraska have been issued a Directed Health Measure (DHM)... Ticketing limits and physical distancing between groups are limited under each DHM and should be referred to when planning for your event. Public gatherings are limited under each DHM, for locations/venues that have capacity to hold 500 or more individuals (1,000 or more in counties over 500,000 population) plans for reopening must be submitted to the local health departments and approved.

Enforcement: Guidance; the DHM limits it describes were binding

Citation: Nebraska DHHS, Booth, Tabling, and Sales Events Guidance (updated June 19, 2020) (Ex. NE-071) Open the exhibit

Ex. NE-101
Guidance for Estate and Farm Auctions (updated June 19, 2020)

Guidance for Estate and Farm Auctions

Nebraska DHHS, Nebraska (State)

Dates
In force from June 19, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Gathering capEvents and venues
Functions reached
MK farm and equipment auctions; GATH; IN inputs (equipment sales)
Grade
Primary source read
Days in this quarter
12 (in force on the last day)

Public gatherings are limited under each DHM, for locations/venues that have capacity to hold 500 or more individuals (1,000 or more in counties over 500,000 population) plans for reopening must be submitted to the local health departments and approved prior to the event.

Enforcement: Guidance; the DHM limits it describes were binding

Citation: Nebraska DHHS, Guidance for Estate and Farm Auctions (updated June 19, 2020) (Ex. NE-101) Open the exhibit

Ex. NE-001
Proclamation of a State of Emergency (COVID-19)

Proclamation

Governor Pete Ricketts, Nebraska (State)

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

Under the provisions of Neb. Rev. Stat. §81-829.40, which confers emergency responsibilities and powers upon the Governor, I, Pete Ricketts, as Governor of the State of Nebraska do hereby declare that a state of emergency exists within the State of Nebraska; and... In addition to the powers conferred upon me by law, I may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders, rules, or regulations of any state agency if strict compliance with the provisions would prevent, hinder, or delay necessary action in coping with the emergency.

Enforcement: Predicate instrument; each executive order and DHM carries its own enforcement

Citation: Governor Pete Ricketts, Proclamation of a State of Emergency (COVID-19) (Mar. 13, 2020) (Ex. NE-001) Open the exhibit

Ex. NE-040
Executive Order 20-01

Emergency Relief Due to COVID-19 (motor carrier hours-of-service and weight waivers)

Governor Pete Ricketts, Nebraska (State)

Dates
In force from Mar. 13, 2020 to May 1, 2020
Quarters
2020 Q2
Limitations
Supply chainOther
Functions reached
DR drivers and routes; SC supply chain
Grade
Primary source read
Days in this quarter
50 (in force on the first day)

The length and weight hauling requirements of federal and state law are hereby suspended through the duration of the motor carrier's assistance in the pandemic relief effort. 2. Hours of Service of Drivers requirements found in 49 CFR part 395 are hereby suspended... 5. Motor carriers that are not directly supporting pandemic response efforts in the State of Nebraska... may not take advantage of the relief.

Enforcement: Drivers 'shall carry a copy of the proclamation with them as evidence of their direct support to the State of Nebraska'

Citation: Governor Pete Ricketts, Executive Order 20-01 (Mar. 13, 2020) (Ex. NE-040) Open the exhibit

Ex. NE-100
Neb. Rev. Stat. § 81-829.40

Emergency Management Act; Governor; powers and duties

Nebraska Legislature, Nebraska (State)

Dates
In force from Mar. 13, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
authority basis
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

A state of emergency proclamation shall be issued by the Governor if he or she finds that a disaster, emergency, or civil defense emergency has occurred... [the Governor may] Suspend the provisions of any regulatory statute... control ingress and egress to and from a disaster area... The proclamation shall continue in effect until the Governor finds that the threat or danger has passed or the Legislature terminates it by resolution.

Enforcement: Statutory basis of the Mar. 13, 2020 proclamation and every executive order

Citation: Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (Mar. 13, 2020) (Ex. NE-100) Open the exhibit

Ex. NE-041
Executive Order 20-02

Out of State Travel Ban

Governor Pete Ricketts, Nebraska (executive-branch agencies) (State)

Dates
In force from Mar. 16, 2020 to July 7, 2020
Quarters
2020 Q22020 Q3
Limitations
Telework mandateTravel and quarantine
Functions reached
TV business travel of State agency customers; MK conferences; CB State agencies as clients
Grade
Primary source read
Days in this quarter
107 (in force on the last day)

order all executive branch state agencies to suspend all out-of-state travel effective immediately.... 1. This executive order applies to all state teammates working in the executive branch of state government including both Cabinet and independent state agencies. 2. This executive order shall remain in effect until the state of emergency has been rescinded.

Enforcement: Gubernatorial directive to State agencies

Citation: Governor Pete Ricketts, Executive Order 20-02 (Mar. 16, 2020) (Ex. NE-041) Open the exhibit

Ex. NE-043
Executive Order 20-04

Corona Virus - Emergency Unemployment Insurance Benefit Relief

Governor Pete Ricketts, Nebraska (State)

Dates
In force from Mar. 17, 2020 to July 6, 2020
Quarters
2020 Q22020 Q3
Limitations
Other
Functions reached
WF workforce (layoffs and claims); HR
Grade
Primary source read
Days in this quarter
106 (in force on the last day)

Suspended work-search requirements; waived employer charges for COVID-related claims [Husch summary; order read]

Enforcement: Directive to the Department of Labor

Citation: Governor Pete Ricketts, Executive Order 20-04 (Mar. 17, 2020) (Ex. NE-043) Open the exhibit

Ex. NE-044
Executive Order 20-05

Corona Virus - Motor Vehicle Titling, Registration & Driver License Waiver

Governor Pete Ricketts, Nebraska (State)

Dates
In force from Mar. 19, 2020 to Aug. 31, 2020
Quarters
2020 Q22020 Q3
Limitations
Courts and public offices
Functions reached
DM motor-vehicle offices, titles and registrations; FI dealer finance and titling; HR CDL testing and licensing
Grade
Primary source read
Days in this quarter
104 (in force on the last day)

WHEREAS, it is necessary to reduce the number of in-person contacts as well as to reduce the required staffing levels of the Nebraska Department of Motor Vehicles...; and WHEREAS, counties have continued to close local offices thereby reducing the ability to continue to issue and process Nebraska Department of Motor Vehicles' documents.... 1. All titles, handicap parking permits, in-transits, temporary vehicle registrations, and vehicle registrations... that expire on or after March 1, 2020 are hereby valid from the date of this order until 30 days after the lifting of the declaration of the COVID-19 state of emergency.... 2. Expiration dates for all valid... driver licenses, and commercial driver licenses... are hereby extended.

Enforcement: Waiver of statutory deadlines

Citation: Governor Pete Ricketts, Executive Order 20-05 (Mar. 19, 2020) (Ex. NE-044) Open the exhibit

Ex. NE-045
Executive Order 20-06

Corona Virus - Relief for Restaurant & Bar Operations

Governor Pete Ricketts (directing the Nebraska Liquor Control Commission), Nebraska (Sector regulator)

Dates
In force from Mar. 19, 2020 to June 1, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Alcohol and bars
Functions reached
BA bar and alcohol service; TO takeout and curbside; DR
Grade
Primary source read
Days in this quarter
104 (in force on the last day)

WHEREAS, the State of Nebraska has issued guidance throughout the State and has issued a Directed Health Measure applicable in Douglas, Sarpy, Cass, and Washington Counties to limit gatherings to 10 people or less to combat the spread of COVID-19; and WHEREAS, Restaurants and bars across Nebraska are closing their dining areas and need flexibility to innovate by moving to takeout service, delivery, and/or curbside service... 1. All Class A retail license holders shall be granted the same rights as Class B license holders... to sell alcohol along with food take-out or delivery orders. 2. The provisions of Neb. Rev. Stat. §53-178.01 which prohibit the sale of alcohol to persons in a motor vehicle shall be suspended so that stores and restaurants can utilize drive-thru windows or curb-side 'to go' pick-up procedures. This change is authorized to curtail individuals from entering into or…

Enforcement: Directive to the Liquor Control Commission

Citation: Governor Pete Ricketts (directing the Nebraska Liquor Control Commission), Executive Order 20-06 (Mar. 19, 2020) (Ex. NE-045) Open the exhibit

Ex. NE-099
Neb. Rev. Stat. § 71-502

Communicable diseases; Department of Health and Human Services; powers and duties

Nebraska Legislature, Nebraska (State)

Dates
In force from Mar. 19, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Other
Functions reached
authority basis
Grade
Primary source read
Days in this quarter
104 (in force on the last day)

in cases of emergency in which the health of the people of the entire state or any locality in the state is menaced by or exposed to any contagious, infectious, or epidemic disease, illness, or poisoning... the department shall adopt, promulgate, and enforce special communicable disease control rules and regulations such as the occasion and proper protection of the public health may require.... All officers and other persons shall obey and enforce such communicable disease control rules and regulations as may be adopted and promulgated by the department.

Enforcement: Statutory command of obedience and enforcement; the DHMs' cited authority

Citation: Nebraska Legislature, Neb. Rev. Stat. § 71-502 (Mar. 19, 2020) (Ex. NE-099) Open the exhibit

Ex. NE-103
Statement from the Nebraska Board of Dentistry as of March 20, 2020

Statement from the Nebraska Board of Dentistry as of March 20, 2020 (suspension of routine dental care)

Nebraska Board of Dentistry, Nebraska (Sector regulator)

Dates
In force from Mar. 20, 2020 to May 4, 2020
Quarters
2020 Q2
Limitations
Health care orders
Functions reached
CH chairside care and hygiene; PR elective and aerosol-generating procedures; EM emergency-only period; MK (NDA annual meeting suspended)
Grade
Primary source read
Days in this quarter
46

The American Dental Association, all of the parent dental specialty organizations, and the Nebraska Dental Association recommend suspending routine dental care, across many states including ours, through the 1st of April.... one simple way to define essential/emergent care is that if the patient was being scheduled more than 24-48 hours out, then it would be considered routine dental care.... If an office elects to ignore these recommendations and provides routine dental care, and it becomes a nidus for spreading the infection, one might have a hard time explaining why they chose to provide care spreading the disease.

Enforcement: Board recommendation; the binding prohibition of 'elective medical and dental surgeries and elective medical and dental procedures' came in DHM Order 2020-009 (Apr. 3, 2020, NE-008)

Citation: Nebraska Board of Dentistry, Statement from the Nebraska Board of Dentistry as of March 20, 2020 (Mar. 20, 2020) (Ex. NE-103) Open the exhibit

Ex. NE-046
Executive Order 20-07

Coronavirus - Temporary Residential Eviction Relief

Governor Pete Ricketts, Nebraska (State)

Dates
In force from Mar. 25, 2020 to May 31, 2020
Quarters
2020 Q2
Limitations
Courts and public officesOther
Functions reached
PM property management (eviction moratorium); SV servicing and collections; CB tenants
Grade
Primary source read
Days in this quarter
68

1. The right of a residential landlord to proceed to trial in an eviction action to terminate a rental agreement for unpaid rent that accrues on or after March 13, 2020... is deferred from the date of this order until May 31, 2020, if a tenant can demonstrate to the landlord... that the tenant: a. suffered a substantial loss of income resulting from COVID-19 or the related state of emergency, such as job loss, reduction in compensated hours of work, closure of a place of employment; or b. missed work to care for a relative or a child due to notice from a school or a childcare facility that the child may not attend due to closure or attendance limitations related to COVID-19.

Enforcement: Waiver of Neb. Rev. Stat. § 76-1446 trial timing; deferral of trial

Citation: Governor Pete Ricketts, Executive Order 20-07 (Mar. 25, 2020) (Ex. NE-046) Open the exhibit

Ex. NE-047
Executive Order 20-08

Coronavirus - Expanding Access to Child Care Options

Governor Pete Ricketts, Nebraska (State)

Dates
In force from Mar. 26, 2020 to July 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Schools and child careWorkplace rules
Functions reached
EC extended care and child care; WF workforce (child care capacity)
Grade
Primary source read
Days in this quarter
97 (in force on the last day)

WHEREAS, recommendations to slow the spread of this disease include limiting the number of children in each room in daycare and child care facilities to ten or fewer; WHEREAS, numerous licensed child care facilities have had to limit the number of children they serve in order to adhere to the ten person per room limit; WHEREAS, Nebraska families need additional access to temporary child care services for their children when schools and child care centers are closed;... 4. Social distancing and keeping children in small groups must be maintained. This includes indoor and outdoor play or 'recess' activities and dining. Any specific limits that are imposed by state or federal guidance or by issuance of a directed health measure do not include staff at a facility.

Enforcement: Waiver of licensing statutes conditioned on background checks and distancing

Citation: Governor Pete Ricketts, Executive Order 20-08 (Mar. 26, 2020) (Ex. NE-047) Open the exhibit

Ex. NE-048
Executive Order 20-09

Coronavirus - Relief for Restaurant & Bar Operations (amending EO 20-06)

Governor Pete Ricketts (directing the Liquor Control Commission), Nebraska (Sector regulator)

Dates
In force from Mar. 26, 2020 to June 1, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Alcohol and bars
Functions reached
BA; TO
Grade
Primary source read
Days in this quarter
97 (in force on the last day)

WHEREAS,... the State of Nebraska... has issued a Directed Health Measure applicable in Douglas, Sarpy, Cass, Washington, Lancaster, Saunders and Dodge Counties to limit gatherings to 10 people or less... 1. The provisions of Neb. Rev. Stat. §53-124(6)(a)(iii) which mandate that alcoholic liquor be sold in original package only are waived. This change will allow pre-made cocktails and other alcoholic beverages to be sold so long as the containers are sealed.

Enforcement: Directive to the Liquor Control Commission

Citation: Governor Pete Ricketts (directing the Liquor Control Commission), Executive Order 20-09 (Mar. 26, 2020) (Ex. NE-048) Open the exhibit

Ex. NE-049
Executive Order 20-10

Coronavirus - Additional Healthcare Workforce Capacity

Governor Pete Ricketts, Nebraska (Sector regulator)

Dates
In force from Mar. 27, 2020 to July 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care orders
Functions reached
HR credentialing, travel nurses; IC
Grade
Primary source read
Days in this quarter
96 (in force on the last day)

1. The provisions of Neb. Rev. Stat. § 38-121 regarding credentialing, and its implementing regulations, are hereby temporarily suspended in order to permit individuals who are properly and lawfully licensed to engage in advanced practice nursing, emergency medical services, medicine and surgery, mental health practice, nursing, osteopathy, perfusion, pharmacy, psychology, respiratory care, and surgical assisting in a U.S. state or territory to work in Nebraska during the state of emergency... 7. This Executive Order shall become effective immediately and shall remain in effect until 30 days after the lifting of the COVID-19 state of emergency.

Enforcement: Suspension of licensing statutes

Citation: Governor Pete Ricketts, Executive Order 20-10 (Mar. 27, 2020) (Ex. NE-049) Open the exhibit

Ex. NE-030
Novel Coronavirus: Long-Term Care Facilities (guidance, rev. Mar. 31, 2020)

Novel Coronavirus: Long-Term Care Facilities (Including Assisted Living, Nursing Homes, Independent Living, etc.)

Nebraska DHHS (Division of Public Health / Licensure), Nebraska (Sector regulator)

Dates
In force from Mar. 31, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Health care orders
Functions reached
VS visitation; DN dining and activities; IC screening; HR volunteers and non-essential personnel
Grade
Primary source read
Days in this quarter
92 (in force on the last day)

Restrictions and social distancing: Discontinue communal dining and group activities. Restrict all visitation except for certain compassionate care situations, such as end of life situations or hospice. Restrict volunteers and non-essential healthcare personnel. Implement active screening of residents... Please review QSO Memo sent out on 03/20/2020 by DHHS Licensure.

Enforcement: Guidance; the visitation restriction was binding on certified nursing homes through the CMS QSO-20-14-NH memorandum it references

Citation: Nebraska DHHS (Division of Public Health / Licensure), Novel Coronavirus: Long-Term Care Facilities (guidance, rev. Mar. 31, 2020) (Ex. NE-030) Open the exhibit

Ex. NE-050
Executive Order 20-12

Coronavirus - Relief for Hospitals & Health Care Facilities and Expanded Use of Telehealth Services

Governor Pete Ricketts, Nebraska (Sector regulator)

Dates
In force from Mar. 31, 2020 to Aug. 27, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care orders
Functions reached
IP surge capacity; SX; TM telehealth; RS assisted living; OF licensing
Grade
Primary source read
Days in this quarter
92 (in force on the last day)

1. The provisions of Neb. Rev. Stat. § 71-409... limit critical access hospitals to no more than 25 acute care inpatient beds are temporarily suspended... 3. The provisions of Neb. Rev. Stat. § 71-405... which prohibit overnight stays [at ambulatory surgical centers] are temporarily suspended so that patients' care and treatment needs may be met at such facilities if no other facility beds are available... 8. The provisions of Title 175 Nebraska Administrative Code § 9-004.05 which prohibit facilities from putting into use more than the total number of beds for which the hospital is licensed... are temporarily suspended insofar as additional beds are available or could be added for use in treating COVID-19... 23. The Nebraska Department of Health and Human Services shall establish and publish guidance for health care providers regarding the use of telehealth by licensed practitioners and…

Enforcement: Suspension of licensure statutes and regulations

Citation: Governor Pete Ricketts, Executive Order 20-12 (Mar. 31, 2020) (Ex. NE-050) Open the exhibit

Ex. NE-051
Executive Order 20-13

Coronavirus - Accelerating Online Notary Access and Financial Institutions Regulatory Flexibility

Governor Pete Ricketts (directing the Secretary of State and the Department of Banking and Finance), Nebraska (Sector regulator)

Dates
In force from Apr. 1, 2020 to June 1, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public officesOther
Functions reached
CL closings and notaries; ML mortgage lending; BR branches (limited hours); OF examinations
Grade
Primary source read
Days in this quarter
91 (in force on the last day)

WHEREAS, to complete a notarial act, a notary and a principal must be physically present together in order for the notary to properly notarize documents, including real estate closing papers, bank loans, and other legal documents;... WHEREAS, many financial institutions and financial entities that are regulated by the Nebraska Department of Banking and Finance have limited their office hours in order to practice social distancing... 1. The July 1, 2020, operative date for the Online Notary Public Act... is waived so that the Secretary of State can immediately commence implementation of the Act;... 3. The requirements... which require bank directors or an accountant to be physically present in order to carry out the regulation to count cash is waived.

Enforcement: Waiver of statutes and regulations

Citation: Governor Pete Ricketts (directing the Secretary of State and the Department of Banking and Finance), Executive Order 20-13 (Apr. 1, 2020) (Ex. NE-051) Open the exhibit

Ex. NE-052
Executive Order 20-16

Coronavirus - Elections

Governor Pete Ricketts, Nebraska (State)

Dates
In force from Apr. 7, 2020 to May 12, 2020
Quarters
2020 Q2
Limitations
Courts and public officesOther
Functions reached
CT public offices
Grade
Primary source read
Days in this quarter
36

WHEREAS, social distancing... [election procedure waivers for the May 12, 2020 primary]

Enforcement: Waiver of election statutes

Citation: Governor Pete Ricketts, Executive Order 20-16 (Apr. 7, 2020) (Ex. NE-052) Open the exhibit

Ex. NE-053
Executive Order 20-18

Coronavirus - Network of Child Care Providers

Governor Pete Ricketts, Nebraska (State)

Dates
In force from Apr. 15, 2020 to July 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Schools and child careOther
Functions reached
EC; WF
Grade
Primary source read
Days in this quarter
77 (in force on the last day)

Allowed licensed childcare providers in Child Care Subsidy Program to bill state for absent days; enabled in-home childcare access for families in subsidy program when other options unavailable [Husch summary; order read for date and title]

Enforcement: Directive to DHHS

Citation: Governor Pete Ricketts, Executive Order 20-18 (Apr. 15, 2020) (Ex. NE-053) Open the exhibit

Ex. NE-054
Executive Order 20-21

Coronavirus - Continued Waiver of Motor Carrier Safety Regulations

Governor Pete Ricketts, Nebraska (State)

Dates
In force from May 1, 2020 to June 1, 2021 (issued Apr. 29, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Supply chainOther
Functions reached
DR; SC
Grade
Primary source read
Days in this quarter
61 (in force on the last day)

Continued waiver of hours-of-service and weight requirements for carriers of food, supplies and equipment in the pandemic relief effort [continuation of EO 20-01]

Enforcement: As EO 20-01

Citation: Governor Pete Ricketts, Executive Order 20-21 (Apr. 29, 2020) (Ex. NE-054) Open the exhibit

Ex. NE-104
Statement Regarding Dental Offices Returning to Routine/Elective Procedures May 4th (updated June 4, 2020)

Nebraska Board of Dentistry statement on resuming routine and elective dental treatment May 4, 2020

Nebraska Board of Dentistry (with the State Dental Director and the Nebraska Dental Association), Nebraska (Sector regulator)

Dates
In force from May 4, 2020 to June 30, 2020 (issued June 4, 2020)
Quarters
2020 Q2
Limitations
Health care orders
Functions reached
CH; PR; ST sterilization and infection control; SC PPE
Grade
Primary source read
Days in this quarter
58 (in force on the last day)

The Nebraska governor's office has agreed to May 4th as the date when dental offices state wide can resume routine/elective dental treatment by observing increased infection control guidance as provided by the Nebraska Dental Association's 'Interim Guidance for Minimizing Risk of COVID-19 Transmission.'... Elevated levels of PPE and advanced Infection Control practices will ensure the safety of our patients, staff and providers.

Enforcement: Recommendation; documents that routine dental treatment statewide resumed only from May 4, 2020

Citation: Nebraska Board of Dentistry (with the State Dental Director and the Nebraska Dental Association), Statement Regarding Dental Offices Returning to Routine/Elective Procedures May 4th (updated June 4, 2020) (Ex. NE-104) Open the exhibit

Ex. NE-055
Executive Order 20-25

Coronavirus - Driver License Waiver for Nebraska Residents 72 Years of Age or Older

Governor Pete Ricketts, Nebraska (State)

Dates
In force from May 26, 2020 to July 2, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public offices
Functions reached
DM
Grade
Primary source read
Days in this quarter
36 (in force on the last day)

Waiver of in-person driver license renewal for residents 72 years of age or older [read for date and title]

Enforcement: Waiver

Citation: Governor Pete Ricketts, Executive Order 20-25 (May 26, 2020) (Ex. NE-055) Open the exhibit

Ex. NE-056
Executive Order 20-27

Coronavirus - Credentialing of the COVID-19 Workforce

Governor Pete Ricketts, Nebraska (Sector regulator)

Dates
In force from June 17, 2020 to Dec. 31, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Health care orders
Functions reached
HR credentialing
Grade
Primary source read
Days in this quarter
14 (in force on the last day)

Provisional credentials pending exam results through December 31, 2020; in-person training and exams deferred through December 31, 2020 [Husch summary; order read for date and title]

Enforcement: Suspension of credentialing statutes

Citation: Governor Pete Ricketts, Executive Order 20-27 (June 17, 2020) (Ex. NE-056) Open the exhibit

Agencies, boards and authorities: Nebraska

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-076
NDCS 'Coronavirus Health Update' page (as archived Apr. 11, 2020)

Inmate visitation suspended (Mar. 16, 2020); Board of Parole COVID-19 update (Mar. 17); Cornhusker State Industries redirected to hand sanitizer, gowns and masks (Mar. 23) with a letter to CSI customers (Mar. 25); staff mask expectations (Apr. 2, 2020)

Nebraska Department of Correctional Services (Director Scott R. Frakes), Nebraska Department of Correctional Services; State level (State)

Dates
In force from Mar. 12, 2020 to Dec. 31, 2020 (issued Mar. 16, 2020)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Gathering capFace-covering requirementWorkplace rulesSupply chain
Functions reached
VS visitors; SC Cornhusker State Industries' commercial customers (production redirected to PPE); MK
Grade
Confirmed from a secondary source
Days in this quarter
110 (the whole quarter)

NDCS Coronavirus News... March 25, 2020 - Letter to customers of Cornhusker State Industries; March 23, 2020 - CSI to begin production of hand sanitizer, gowns and masks; March 17, 2020 - Nebraska Board of Parole COVID-19 (coronavirus) Update; March 16, 2020 - NDCS suspends inmate visitation amid COVID-19; NDCS Staff Mask Expectations (April 2, 2020)

Enforcement: Director's authority (Neb. Rev. Stat. § 83-173)

Citation: Nebraska Department of Correctional Services (Director Scott R. Frakes), NDCS 'Coronavirus Health Update' page (as archived Apr. 11, 2020) (Mar. 16, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-076) Open the exhibit

Ex. AGY-ST-COURTS-007
Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (No. S-20-247)

First statewide administrative order: exclusion of exposed, quarantined, symptomatic and recently travelled persons from court proceedings; courts remain open

Chief Justice Michael G. Heavican, Nebraska Supreme Court, Nebraska Supreme Court (Chief Justice; statewide) (Court)

Dates
In force from Mar. 12, 2020 to Apr. 6, 2020
Quarters
2020 Q2
Limitations
Travel and quarantineCourts and public officesQuarantine and isolation
Functions reached
CT courts and agencies; WF workforce (persons who had travelled abroad within 14 days barred from proceedings)
Grade
Primary source read
Days in this quarter
25 (in force on the first day)

no person who falls within any of those categories shall attend any hearing, trial, conference, deposition, or other proceeding without prior authorization from the court... IT IS FURTHER ORDERED that no court shall close unless or until the Chief Justice of the Nebraska Supreme Court has issued an order declaring a nonjudicial day. However, courts and probation offices shall devise and implement emergency preparedness plans to carry out mission essential functions.

Enforcement: General administrative order binding on all courts and probation offices under Neb. Const. art. V, § 1 and Neb. Rev. Stat. § 25-2221

Citation: Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (No. S-20-247) (Mar. 12, 2020) (Ex. AGY-ST-COURTS-007) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-006
Executive Order No. 20-05

Coronavirus - Motor Vehicle Titling, Registration & Driver License Waiver

Governor Pete Ricketts, Nebraska (Governor; Department of Motor Vehicles and county treasurers) (State)

Dates
In force from Mar. 19, 2020 to July 2, 2020
Quarters
2020 Q22020 Q3
Limitations
Courts and public officesOther
Functions reached
DM titles, liens, registrations (county offices closed; deadlines waived); HR driver and CDL credentialing; FI liens and titling for lenders (title and lien deadlines waived); SR dealer in-transits and temporary registrations; CB
Grade
Primary source read
Days in this quarter
104 (in force on the last day)

WHEREAS, counties have continued to close local offices thereby reducing the ability to continue to issue and process Nebraska Department of Motor Vehicles' documents.... 1. All titles, handicap parking permits, in-transits, temporary vehicle registrations, and vehicle registrations issued under Articles 1 & 3 of Neb. Rev. Stat. Chapter 60 that expire on or after March 1, 2020 are hereby valid from the date of this order until 30 days after the lifting of the declaration of the COVID-19 state of emergency.... 2. Expiration dates for all valid Nebraska Department of Motor Vehicles identification cards, driver licenses, and commercial driver licenses... that expire on or after March 1, 2020, are hereby extended until 30 days after the lifting of the declaration of the COVID-19 state of emergency.... 3. All statutory requirements and deadlines set forth in Articles 1, 3, and 4 of Neb. Rev.…

Enforcement: Neb. Rev. Stat. sec. 81-829.40 (orders have the force and effect of law); late penalties and interest waived by para. 1

Citation: Governor Pete Ricketts, Executive Order No. 20-05 (Mar. 19, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-006) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-046
Executive Order No. 20-13

Coronavirus - Accelerating Online Notary Access and Financial Institutions Regulatory Flexibility

Governor Pete Ricketts, Nebraska (Governor; Secretary of State; Department of Banking and Finance) (State)

Dates
In force from Apr. 2, 2020 to July 1, 2020 (issued Apr. 1, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public officesOther
Functions reached
CL real estate closings and bank loan documents (recital); BR bank examinations and cash counts (financial services); OF; CB
Grade
Primary source read
Days in this quarter
90 (in force on the last day)

WHEREAS, to complete a notarial act, a notary and a principal must be physically present together in order for the notary to properly notarize documents, including real estate closing papers, bank loans, and other legal documents;... 1. The July 1, 2020, operative date for the Online Notary Public Act, set forth in 2019 Neb. Laws, LB 186 section 27 (to be codified at Neb. Rev. Stat. sec. 64-401 through sec. 64-418) is waived so that the Secretary of State can immediately commence implementation of the Act; and 2. The requirements in Title 45 Nebraska Administrative Code Chapter 24 sec. 001.09 which require submission of an annual Director's Examination within 90 days of the calendar year end... are waived until 30 days after the lifting of the COVID-19 state of emergency; and 3. The requirements... which require bank directors or an accountant to be physically present in order to carry…

Enforcement: Neb. Rev. Stat. sec. 81-829.40 (force and effect of law)

Citation: Governor Pete Ricketts, Executive Order No. 20-13 (Apr. 1, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-046) Open the exhibit

Ex. AGY-ST-COURTS-008
Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (second order)

Second statewide administrative order, reciting that all 93 counties were under Directed Health Measures and re-imposing the exclusion and notification requirements

Chief Justice Michael G. Heavican, Nebraska Supreme Court, Nebraska Supreme Court (Chief Justice; statewide) (Court)

Dates
In force from Apr. 6, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Travel and quarantineCourts and public officesQuarantine and isolation
Functions reached
CT courts and agencies; WF workforce
Grade
Primary source read
Days in this quarter
86 (in force on the last day)

WHEREAS, a public health emergency has been declared in the United States, all 93 Nebraska counties are now under the State's Directed Health Measures... no person who falls within any of those categories shall attend any hearing, trial, conference, deposition, or other proceeding without prior notification to and authorization from the court... This order shall remain in effect until otherwise ordered by the Nebraska Supreme Court.

Enforcement: General administrative order binding on all courts and probation offices

Citation: Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (second order) (Apr. 6, 2020) (Ex. AGY-ST-COURTS-008) Open the exhibit

Ex. AGY-ST-COURTS-010
Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (June 30, 2020)

Statewide administrative order continuing the exclusion categories and requiring courts holding in-person proceedings to adopt screening, distancing, mask, sanitizer or sanitation measures; supersedes the March 12 and April 6, 2020 orders

Chief Justice Michael G. Heavican, Nebraska Supreme Court, Nebraska Supreme Court (Chief Justice; statewide) (Court)

Dates
In force from June 30, 2020 to Nov. 3, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Face-covering requirementCourts and public officesWorkplace rulesQuarantine and isolation
Functions reached
CT courts and agencies; WF workforce; OF office and administration
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

if a court or probation office is holding any in-person proceedings or meetings, the court or office shall outline, by local order or otherwise, at least one or more of the following measures to reduce the transmission of COVID-19 to staff, counsel, parties, and other participants: screening of individuals for symptoms and exposure to COVID-19, social distancing spacing requirements in courtrooms and offices, use of masks, providing hand sanitizer, and/or sanitizing highly touched surfaces... The March 12, 2020, and April 6, 2020, Administrative Orders are superseded by this order.

Enforcement: General administrative order binding on all courts and probation offices

Citation: Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (June 30, 2020) (Ex. AGY-ST-COURTS-010) Open the exhibit

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

Federal layer

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332
General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-333
General Order 72-6

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563 and F880 survey enforcement

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

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

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

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

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

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

Enforcement: same as FED-027

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

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

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-202
Proclamation 9993

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-203
Proclamation 9996

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

President Donald J. Trump, United States (Federal)

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

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

Enforcement: Sec. 3 implementation by State and DHS

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

Ex. FED-311
Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

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

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

Enforcement: court order

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

Ex. FED-367
Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

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

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

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

Enforcement: VA program guidance to participants

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

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

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

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

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

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

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

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

Ex. FED-070
Executive Order 13909

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

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

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

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

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

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

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

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

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

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

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

Enforcement: OMB directive to awarding agencies

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

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

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

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

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

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

Enforcement: order of the Court

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

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

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

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

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

Enforcement: USDA program requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: 42 U.S.C. § 271

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

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

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

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

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

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

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

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

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

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

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

State of Nebraska

Ex. NE-016
Directed Health Measure Order 2020-LLHD-005

Directed Health Measure Order 2020-LLHD-005 (Phase III, Lancaster County)

Nebraska DHHS, Chief Medical Officer, Nebraska (Lancaster County) (State)

Dates
In force from July 6, 2020 to July 31, 2020 (issued July 2, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
GATH; MC; DR; FC; SL; EC; TV international quarantine; WF isolation and quarantine; FP employer housing
Grade
Primary source read
Days in this quarter
26

Gatherings are restricted to: fifty percent (50%) for an indoor facility's applicable rated occupancy (excluding staff) or seventy-five percent (75%) for outdoor facility of the applicable rated occupancy (excluding staff). No gathering may exceed 10,000 individuals. Any one party at a gathering may not exceed eight (8) individuals.... Beauty/nail salons, barber shops, massage therapy services, tattoo parlors/body art facilities shall require the use of masks... and shall further be limited to seventy-five percent (75%) of rated occupancy.

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-005 (July 2, 2020) (Ex. NE-016) Open the exhibit

Ex. NE-079
Lincoln-Lancaster County Directed Health Measures 2020-07

Directed Health Measures 2020-07 (countywide face coverings; gatherings; door-to-door sales)

Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, City of Lincoln and Lancaster County (County)

Dates
In force from July 20, 2020 to Aug. 31, 2020 (issued July 17, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careWorkplace rulesOther
Functions reached
SF; DR; SL; FC gyms the greater of 50 or 75 percent; EC 15/20/24/30; IN educational institutions; OP premises employing workers; GATH; RT door-to-door sales prohibited
Grade
Primary source read
Days in this quarter
43

10) Any individual or entity which maintains premises open to the general public, including but not limited to educational institutions, shall require all individuals age (five) 5 and older to wear a face covering over their mouth and nose while indoors unless the individual maintains at least 6 feet of separation at all times from anyone who is not their household member, except face coverings will not be required if the individual: Is seeking federal, state, or county government services; Is seated at a bar or restaurant to eat or drink...; Is engaged in exercise; Is engaged in an occupation preventing the wearing of a face covering;... 1) Gatherings are hereby prohibited. A Gathering is defined as any event or convening that brings together the greater of: more than fifty (50) patrons... or, more individuals than 50% of the rated occupancy allowed (not to exceed 10,000 people)... in a…

Enforcement: 'Failure to comply with this Order will result in legal action for enforcement by civil and/or criminal remedies. Pursuant to LMC § 8.18.170, any person who is found to have violated any provision of this Order within the City of Lincoln shall be guilty of a City Misdemeanor and subjected to a fine of no more than $500.00, or imprisonment in the county jail for a period not to exceed six (6)…

Citation: Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln-Lancaster County Directed Health Measures 2020-07 (July 17, 2020) (Ex. NE-079) Open the exhibit

Ex. NE-027
Directed Health Measure Order 2020-LBHD-005

Directed Health Measure Order 2020-LBHD-005 (first Phase IV order, from July 24, 2020)

Nebraska DHHS, Chief Medical Officer, Nebraska (Loup Basin Public Health District: Blaine, Loup, Garfield, Wheeler, Custer, Valley, Greeley, Sherman and Howard Counties) (State)

Dates
In force from July 24, 2020 to Aug. 31, 2020 (issued July 23, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
GATH; MC; WF isolation and quarantine; FP employer housing
Grade
Primary source read
Days in this quarter
39

Gatherings are restricted to: seventy-five percent (75%) for an indoor facility's applicable rated occupancy (excluding staff) or one-hundred percent (100%) for an outdoor facility of the applicable rated occupancy.

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LBHD-005 (July 23, 2020) (Ex. NE-027) Open the exhibit

Ex. NE-015
Outline of Changes to Upcoming DHMs Phase IV

Nebraska DHHS, Nebraska (State)

Dates
In force from Aug. 1, 2020 to Oct. 20, 2020 (issued June 16, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capEvents and venues
Functions reached
GATH; MC; PE; SP fan attendance
Grade
Primary source read
Days in this quarter
61 (in force on the last day)

INDOOR Gatherings will be limited to 75% of rated occupancy. OUTDOOR Gatherings 100% of rated occupancy.... Plans for reopening or expanding to new capacity limits must be submitted to the local health departments and approved for all indoor and outdoor locations/venues that hold 500 or more individuals (1,000 or more in counties over 500,000 population) before reopening is permitted. [Bars and restaurants, childcare, churches, gyms, salons, sports, wedding and funeral venues:] Section is removed from DHM. Guidance will remain and use is recommended.

Enforcement: Implemented through the district DHMs (NE-037, NE-038, NE-039)

Citation: Nebraska DHHS, Outline of Changes to Upcoming DHMs Phase IV (June 16, 2020) (Ex. NE-015) Open the exhibit

Ex. NE-017
Directed Health Measure Order 2020-DCHD-005

Directed Health Measure Order 2020-DCHD-005 (Phase III, Douglas County, Aug. 1-31, 2020)

Nebraska DHHS, Chief Medical Officer, Nebraska (Douglas County) (State)

Dates
In force from Aug. 1, 2020 to Aug. 31, 2020 (issued July 30, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
GATH; MC conventions (CHI Health Center Omaha); DR; FC 75 percent; SL 75 percent masked; EC 15/20/24/30; TV; WF; FP
Grade
Primary source read
Days in this quarter
31

Gatherings are restricted to: fifty percent (50%) for an indoor facility's applicable rated occupancy (excluding staff) or seventy-five percent (75%) for outdoor facility of the applicable rated occupancy (excluding staff). No gathering may exceed 10,000 individuals. Any one party at a gathering may not exceed eight (8) individuals. Parades, carnivals, midways, dances (excluding dance recitals), street dances, and beer gardens are prohibited.... For counties with a population of five-hundred-thousand (500,000) or more individuals, venues with a rated capacity of one-thousand (1,000) or more individuals must submit a 'plan for reopening' to the applicable Local Public Health Department BEFORE reopening.

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DCHD-005 (July 30, 2020) (Ex. NE-017) Open the exhibit

Ex. NE-034
Directed Health Measure Order 2020-LLHD-006

Directed Health Measure Order 2020-LLHD-006 (Phase III, Lancaster County, Aug. 1-31, 2020)

Nebraska DHHS, Chief Medical Officer, Nebraska (Lancaster County) (State)

Dates
In force from Aug. 1, 2020 to Aug. 31, 2020 (issued July 30, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
GATH; MC; SL; FC; EC; WF
Grade
Primary source read
Days in this quarter
31

Gatherings are restricted to: fifty percent (50%) for an indoor facility's applicable rated occupancy (excluding staff) or seventy-five percent (75%)... These locations/services shall further be limited to seventy-five percent (75%) of rated occupancy [salons, barber shops, massage therapy, tattoo and body art].

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-006 (July 30, 2020) (Ex. NE-034) Open the exhibit

Ex. NE-018
Directed Health Measure Order 2020-LLHD-009

Directed Health Measure Order 2020-LLHD-009 (Lancaster County, Sept. 14 - Oct. 31, 2020)

Nebraska DHHS, Chief Medical Officer, Nebraska (Lancaster County) (State)

Dates
In force from Sept. 14, 2020 to Oct. 31, 2020 (issued Sept. 11, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
GATH; MC; WF isolation and quarantine; FP employer housing
Grade
Primary source read
Days in this quarter
17 (in force on the last day)

Gatherings are restricted to: seventy-five percent (75%) for an indoor facility's applicable rated occupancy (excluding staff) or one-hundred percent (100%) for an outdoor facility of the applicable rated occupancy.

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-009 (Sept. 11, 2020) (Ex. NE-018) Open the exhibit

Ex. NE-037
Directed Health Measure Order 2020-DCHD-008

Directed Health Measure Order 2020-DCHD-008 (Phase IV, Douglas County, Sept. 14 - Oct. 31, 2020)

Nebraska DHHS, Chief Medical Officer, Nebraska (Douglas County) (State)

Dates
In force from Sept. 14, 2020 to Oct. 31, 2020 (issued Sept. 11, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
GATH; MC; WF isolation and quarantine; FP employer housing
Grade
Primary source read
Days in this quarter
17 (in force on the last day)

Gatherings are restricted to: seventy-five percent (75%) for an indoor facility's applicable rated occupancy (excluding staff) or one-hundred percent (100%) for an outdoor facility of the applicable rated occupancy.

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DCHD-008 (Sept. 11, 2020) (Ex. NE-037) Open the exhibit

Ex. NE-086
Lincoln-Lancaster County Directed Health Measures 2020-09

Directed Health Measures 2020-09 (Sept. 14 - Oct. 31, 2020)

Lincoln-Lancaster County Health Department, Health Director Patricia D. Lopez, City of Lincoln and Lancaster County (County)

Dates
In force from Sept. 14, 2020 to Oct. 31, 2020 (issued Sept. 11, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsWorkplace rulesQuarantine and isolation
Functions reached
SF; DR; SL; IN school districts; GATH; MC events of 500 or more (LLCHD plan approval); WF quarantine cooperation; TV party buses
Grade
Primary source read
Days in this quarter
17 (in force on the last day)

1) Gatherings are hereby prohibited. A Gathering is defined as any event or convening that brings together the greater of: more than fifty (50) patrons... or, more individuals than 50% of the rated occupancy allowed (not to exceed 10,000 people)... or 75% of the rated occupancy allowed (not to exceed 30,000 people)... in any confined outdoor space.... 10) Any individual or entity which maintains premises open to the general public, including but not limited to private and public educational institutions or school districts, shall require all individuals age five (5) and older to wear a face covering over their mouth and nose while indoors unless the individual is able to and maintains at least six (6) feet of separation... 11) Any individual who has been confirmed as having COVID-19 by a laboratory test, or who is determined to be exposed... shall cooperate with the LLCHD Communicable…

Enforcement: LMC § 8.18.170 city misdemeanor; Neb. Rev. Stat. § 23-174; injunctive relief

Citation: Lincoln-Lancaster County Health Department, Health Director Patricia D. Lopez, Lincoln-Lancaster County Directed Health Measures 2020-09 (Sept. 11, 2020) (Ex. NE-086) Open the exhibit

Ex. NE-038
Directed Health Measure Order 2020-LLHD-010

Directed Health Measure Order 2020-LLHD-010 (Lancaster County, Sept. 21 - Oct. 31, 2020)

Nebraska DHHS, Chief Medical Officer, Nebraska (Lancaster County) (State)

Dates
In force from Sept. 21, 2020 to Oct. 31, 2020 (issued Sept. 18, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capSchools and child careEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
GATH; MC; WF; IN school quarantine rules
Grade
Primary source read
Days in this quarter
10 (in force on the last day)

Gatherings are restricted to: seventy-five percent (75%) for an indoor facility's applicable rated occupancy (excluding staff) or one-hundred percent (100%) for an outdoor facility... School Aged Individuals who are required to self-monitor are required to wear masks.

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-010 (Sept. 18, 2020) (Ex. NE-038) Open the exhibit

Ex. NE-039
Directed Health Measure Order 2020-DCHD-009

Directed Health Measure Order 2020-DCHD-009 (Douglas County, Sept. 21 - Oct. 31, 2020)

Nebraska DHHS, Chief Medical Officer, Nebraska (Douglas County) (State)

Dates
In force from Sept. 21, 2020 to Oct. 31, 2020 (issued Sept. 18, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capSchools and child careEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
GATH; MC; WF; IN
Grade
Primary source read
Days in this quarter
10 (in force on the last day)

Gatherings are restricted to: seventy-five percent (75%) for an indoor facility's applicable rated occupancy (excluding staff) or one-hundred percent (100%) for an outdoor facility of the applicable rated occupancy... 'Plans for Reopening' previously submitted under prior DHMs will need to be resubmitted for approval, if venues intend to exceed the prior DHM's occupancy (gathering) restrictions.

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DCHD-009 (Sept. 18, 2020) (Ex. NE-039) Open the exhibit

Ex. NE-057
Executive Order 20-29

Corona Virus - Waiver for Transportation Network Companies

Governor Pete Ricketts, Nebraska (State)

Dates
In force from July 1, 2020 to June 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Other
Functions reached
TV travel demand; CB (the State's finding on business closures and reduced onsite staffing)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

WHEREAS, Nebraska businesses were primarily closed or were experiencing reduced onsite staffing which reduced travel and transport needs of Nebraskans during March, April, May, and June; WHEREAS, most travel, transportation, and space limitations have been lifted in the most current Directed Health Measure for Phase III of our state's recovery from the pandemic; however, the continuing State of Emergency impacts business operations of transportation network companies.

Enforcement: Waiver of § 75-327(2)(d)(iv)

Citation: Governor Pete Ricketts, Executive Order 20-29 (July 1, 2020) (Ex. NE-057) Open the exhibit

Ex. NE-058
Executive Order 20-30

Corona Virus - Motor Vehicle Titling, Registration & Driver Licenses (rescinding EO 20-05)

Governor Pete Ricketts, Nebraska (State)

Dates
In force from July 2, 2020 to Aug. 31, 2020
Quarters
2020 Q3
Limitations
Courts and public offices
Functions reached
DM; FI; HR CDL
Grade
Primary source read
Days in this quarter
61

WHEREAS, county offices, which had mostly been closed during March, April, and May, have re-opened allowing normal business operations of the Nebraska Department of Motor Vehicles to be conducted... 1. All driver licenses, identification cards, commercial driver licenses... vehicle titles, vehicle sales tax, in-transits, and vehicle registrations that were temporarily extended under Executive Order No. 20-05 will be required to be obtained and paid by August 31, 2020.

Enforcement: Restores statutory deadlines

Citation: Governor Pete Ricketts, Executive Order 20-30 (July 2, 2020) (Ex. NE-058) Open the exhibit

Ex. NE-059
Executive Order 20-32

Coronavirus - Rescission of Executive Order No. 20-02

Governor Pete Ricketts, Nebraska (State)

Dates
In force from July 7, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Travel and quarantine
Functions reached
TV
Grade
Primary source read
Days in this quarter
86 (in force on the last day)

Executive Order No. 20-02, dated March 16, 2020, be rescinded effective at 11:59 P.M. on July 7, 2020.

Enforcement: Rescission

Citation: Governor Pete Ricketts, Executive Order 20-32 (July 7, 2020) (Ex. NE-059) Open the exhibit

Ex. NE-029
COVID-19 Directed Health Measures FAQ

DHHS COVID-19 DHM Frequently Asked Questions

Nebraska DHHS, Nebraska (State)

Dates
In force from July 30, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Other
Functions reached
context
Grade
Primary source read
Days in this quarter
63 (in force on the last day)

Q: Who can order Directed Health Measures? A: The Director of the Division of Public Health, acting in consultation with the Chief Medical officer... Q: Can local governments issue their own Directed Health Measures? A: Yes, local governments can issue their own directed health measures. DHHS does not hear challenges to local measures.

Enforcement: Describes the contested-case hearing right before the DHHS Hearing Office

Citation: Nebraska DHHS, COVID-19 Directed Health Measures FAQ (July 30, 2020) (Ex. NE-029) Open the exhibit

Ex. NE-085
KLKN, 'Data suggest decline in positivity rate for Lancaster County since mask mandate' (Aug. 10, 2020)

Lancaster County mask mandate in force, August 2020

KLKN-TV report, Lancaster County (County)

Dates
In force from Aug. 10, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Face-covering requirement
Functions reached
see NE-079
Grade
Confirmed from a secondary source
Days in this quarter
52 (in force on the last day)

Contemporaneous confirmation that the July 20, 2020 mask mandate (NE-079) was in force

Enforcement: see NE-079

Citation: KLKN-TV report, KLKN, 'Data suggest decline in positivity rate for Lancaster County since mask mandate' (Aug. 10, 2020) (Ex. NE-085) Open the exhibit

Ex. NE-072
Emergency Ordinance No. 42309

Prevention of COVID-19 (face coverings required indoors in premises open to the general public)

Omaha City Council (7-0), approved by Mayor Jean Stothert, City of Omaha (City)

Dates
In force from Aug. 11, 2020 to June 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF sales floors; DR; SL; FC; WS religious centers; IN educational institutions and daycare; OP offices open to the public; CB
Grade
Primary source read
Days in this quarter
51 (in force on the last day)

Sec. 12-43. All individuals age five (5) and older shall wear a face covering over their mouth and nose while indoors in a premises that is open to the general public including, but not limited to, educational institutions... Sec. 12-44. Any individual or entity which maintains premises that are open to the general public... shall require all individuals age five (5) and older to wear a face covering over their mouth and nose while indoors in said premises... Sec. 12-45.... must post one or more signs... Sec. 12-47. Any individual or entity which maintains premises that are open to the general public who fails to comply with the requirements of Section 12-44 above is hereby declared to be a nuisance and a danger to the public health, safety, and welfare.

Enforcement: Sec. 12-49: 'Any individual or person who is found to have violated any of the provisions of this Article shall be guilty of a misdemeanor for each offense and shall be subjected to a fine of up to $100.00. Each instance of violation of this Article may be considered a separate offense.' Sec. 12-50: the City Attorney may seek injunctive relief and abatement.

Citation: Omaha City Council (7-0), approved by Mayor Jean Stothert, Emergency Ordinance No. 42309 (Aug. 11, 2020) (Ex. NE-072) Open the exhibit

Ex. NE-073
Ordinance No. 42310 (as amended, 42310b)

Amending Chapter 12, Article III, Prevention of COVID-19 (extending the sunset to October 20, 2020)

Omaha City Council, City of Omaha (City)

Dates
In force from Sept. 1, 2020 to Oct. 20, 2020
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirementWorkplace rules
Functions reached
as Ord. 42309
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

The requirements imposed by this Article shall expire and terminate at 11:59 p.m. on [September 15] October 20, 2020, unless otherwise extended by ordinance of the City Council.

Enforcement: As Ord. 42309 (§§ 12-47, 12-49, 12-50)

Citation: Omaha City Council, Ordinance No. 42310 (as amended, 42310b) (Sept. 1, 2020) (Ex. NE-073) Open the exhibit

Continuing in force from an earlier quarter of this report (20 instruments):

ExhibitCitationDatesLimitations
Ex. NE-014Nebraska DHHS, Outline of Changes to Upcoming DHMs Phase III (updated July 13, 2020) (June 16, 2020) (Ex. NE-014)In force from June 22, 2020 to Sept. 13, 2020 (issued June 16, 2020)Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venues
Ex. NE-036Nebraska DHHS, June 1st Statewide Sports Reopening Guidelines (May 21, 2020) (Ex. NE-036)In force from June 1, 2020 to Sept. 13, 2020 (issued May 21, 2020)Gathering capSchools and child careEvents and venues
Ex. NE-071Nebraska DHHS, Booth, Tabling, and Sales Events Guidance (updated June 19, 2020) (Ex. NE-071)In force from June 19, 2020 to Sept. 30, 2020Gathering capEvents and venues
Ex. NE-101Nebraska DHHS, Guidance for Estate and Farm Auctions (updated June 19, 2020) (Ex. NE-101)In force from June 19, 2020 to Sept. 30, 2020Gathering capEvents and venues
Ex. NE-001Governor Pete Ricketts, Proclamation of a State of Emergency (COVID-19) (Mar. 13, 2020) (Ex. NE-001)In force from Mar. 13, 2020 to June 30, 2021Emergency declaration
Ex. NE-100Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (Mar. 13, 2020) (Ex. NE-100)In force from Mar. 13, 2020 to Sept. 30, 2021Emergency declaration
Ex. NE-041Governor Pete Ricketts, Executive Order 20-02 (Mar. 16, 2020) (Ex. NE-041)In force from Mar. 16, 2020 to July 7, 2020Telework mandateTravel and quarantine
Ex. NE-043Governor Pete Ricketts, Executive Order 20-04 (Mar. 17, 2020) (Ex. NE-043)In force from Mar. 17, 2020 to July 6, 2020Other
Ex. NE-044Governor Pete Ricketts, Executive Order 20-05 (Mar. 19, 2020) (Ex. NE-044)In force from Mar. 19, 2020 to Aug. 31, 2020Courts and public offices
Ex. NE-045Governor Pete Ricketts (directing the Nebraska Liquor Control Commission), Executive Order 20-06 (Mar. 19, 2020) (Ex. NE-045)In force from Mar. 19, 2020 to June 1, 2021Alcohol and bars
Ex. NE-099Nebraska Legislature, Neb. Rev. Stat. § 71-502 (Mar. 19, 2020) (Ex. NE-099)In force from Mar. 19, 2020 to Sept. 30, 2021Other
Ex. NE-047Governor Pete Ricketts, Executive Order 20-08 (Mar. 26, 2020) (Ex. NE-047)In force from Mar. 26, 2020 to July 30, 2021Schools and child careWorkplace rules
Ex. NE-048Governor Pete Ricketts (directing the Liquor Control Commission), Executive Order 20-09 (Mar. 26, 2020) (Ex. NE-048)In force from Mar. 26, 2020 to June 1, 2021Alcohol and bars
Ex. NE-049Governor Pete Ricketts, Executive Order 20-10 (Mar. 27, 2020) (Ex. NE-049)In force from Mar. 27, 2020 to July 30, 2021Health care orders
Ex. NE-050Governor Pete Ricketts, Executive Order 20-12 (Mar. 31, 2020) (Ex. NE-050)In force from Mar. 31, 2020 to Aug. 27, 2021Health care orders
Ex. NE-051Governor Pete Ricketts (directing the Secretary of State and the Department of Banking and Finance), Executive Order 20-13 (Apr. 1, 2020) (Ex. NE-051)In force from Apr. 1, 2020 to June 1, 2021Courts and public officesOther
Ex. NE-053Governor Pete Ricketts, Executive Order 20-18 (Apr. 15, 2020) (Ex. NE-053)In force from Apr. 15, 2020 to July 30, 2021Schools and child careOther
Ex. NE-054Governor Pete Ricketts, Executive Order 20-21 (Apr. 29, 2020) (Ex. NE-054)In force from May 1, 2020 to June 1, 2021 (issued Apr. 29, 2020)Supply chainOther
Ex. NE-055Governor Pete Ricketts, Executive Order 20-25 (May 26, 2020) (Ex. NE-055)In force from May 26, 2020 to July 2, 2020Courts and public offices
Ex. NE-056Governor Pete Ricketts, Executive Order 20-27 (June 17, 2020) (Ex. NE-056)In force from June 17, 2020 to Dec. 31, 2020Health care orders

Agencies, boards and authorities: Nebraska

Continuing in force from an earlier quarter of this report (4 instruments):

ExhibitCitationDatesLimitations
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-076Nebraska Department of Correctional Services (Director Scott R. Frakes), NDCS 'Coronavirus Health Update' page (as archived Apr. 11, 2020) (Mar. 16, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-076)In force from Mar. 12, 2020 to Dec. 31, 2020 (issued Mar. 16, 2020)Gathering capFace-covering requirementWorkplace rulesSupply chain
Ex. AGY-ST-DMV-SOS-RECORDERS-006Governor Pete Ricketts, Executive Order No. 20-05 (Mar. 19, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-006)In force from Mar. 19, 2020 to July 2, 2020Courts and public officesOther
Ex. AGY-ST-DMV-SOS-RECORDERS-046Governor Pete Ricketts, Executive Order No. 20-13 (Apr. 1, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-046)In force from Apr. 2, 2020 to July 1, 2020 (issued Apr. 1, 2020)Courts and public officesOther
Ex. AGY-ST-COURTS-010Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (June 30, 2020) (Ex. AGY-ST-COURTS-010)In force from June 30, 2020 to Nov. 3, 2020Face-covering requirementCourts and public officesWorkplace rulesQuarantine and isolation

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

Federal layer

Ex. FED-031
CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

Ex. FED-303
Standing Order 20-17

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

Enforcement: OMB directive to contracting officers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

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 Nebraska

Ex. NE-019
Outline of Changes to Upcoming DHMs (changes effective October 21, 2020)

Outline of Changes to Upcoming DHMs (Oct. 21, 2020)

Nebraska DHHS, Nebraska (State)

Dates
In force from Oct. 21, 2020 to Nov. 10, 2020 (issued Oct. 22, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capHealth care ordersEvents and venues
Functions reached
SX 10 percent reserve; GATH 50 percent; DR seated, parties of 8; MC
Grade
Primary source read
Days in this quarter
21

In order to continue elective procedures, hospitals must maintain at least 10% of general and ICU beds as reserved capacity to treat COVID-19 patients. Hospitals must continue to accept and treat COVID-19 patients and must not transfer COVID-19 patients to create capacity for elective procedures.... Patrons will be required to be seated while on premise unless they are placing an order, using the restroom, or playing games.... INDOOR Gatherings will be limited to 50% of rated occupancy (not to exceed 10,000).

Citation: Nebraska DHHS, Outline of Changes to Upcoming DHMs (changes effective October 21, 2020) (Oct. 22, 2020) (Ex. NE-019) Open the exhibit

Ex. NE-083
KLKN, 'Officials announce updated DHM for Lancaster County; mask mandate to continue' (Oct. 23, 2020)

Lincoln-Lancaster County DHM effective Nov. 1-30, 2020

KLKN-TV report of the Lincoln-Lancaster County Health Department DHM effective Nov. 1, 2020, Lancaster County (County)

Dates
In force from Nov. 1, 2020 to Nov. 30, 2020 (issued Oct. 23, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementEvents and venues
Functions reached
GATH; DR; SF; SP
Grade
Confirmed from a secondary source
Days in this quarter
30

Indoor gatherings 'limited to 10 people or 50% occupancy (whichever is greater)'; outdoor gatherings 'limited to 10 people or 75% of capacity (whichever is greater)'; groups at restaurants and bars of no more than eight with six feet between groups; the mask requirement continues; event and youth-sports plans require health department approval

Enforcement: As the local DHMs (LMC § 8.18.170)

Citation: KLKN-TV report of the Lincoln-Lancaster County Health Department DHM effective Nov. 1, 2020, KLKN, 'Officials announce updated DHM for Lancaster County; mask mandate to continue' (Oct. 23, 2020) (Ex. NE-083) Open the exhibit

Ex. NE-020
Outline of Changes to Upcoming DHMs (all changes statewide, effective 12:01 a.m. Nov. 11, 2020)

Outline of Changes to Upcoming DHMs (Nov. 9, 2020)

Nebraska DHHS, Nebraska (State)

Dates
In force from Nov. 11, 2020 to Nov. 30, 2020 (issued Nov. 9, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careEvents and venues
Functions reached
GATH 25 percent; DR six feet, seated, parties of 8; FC; SL masks; WS six feet between households; SP; MC
Grade
Primary source read
Days in this quarter
20

Six (6) feet of separation between parties is required in all instances for the following: gyms/fitness centers, health spas, restaurants, bars, gentlemen and bottle clubs, weddings, funerals, indoor gatherings, and churches.... Masks are required for staff and patrons at salons, barbershops, massage therapy, bowling alleys, pool halls, body art establishments, and any other indoor businesses where staff and patrons are within six (6) feet of each other for 15 consecutive minutes or more.... Fan attendance for all indoor youth extracurricular activities is limited to household members of participants only.... INDOOR Gatherings will be limited to 25% of rated occupancy (not to exceed 10,000).

Enforcement: Implemented through the district DHMs of Nov. 9, 2020 (NE-021)

Citation: Nebraska DHHS, Outline of Changes to Upcoming DHMs (all changes statewide, effective 12:01 a.m. Nov. 11, 2020) (Nov. 9, 2020) (Ex. NE-020) Open the exhibit

Ex. NE-021
Directed Health Measure Order 2020-SCHD-012

Directed Health Measure Order 2020-SCHD-012 (winter re-tightening, Nov. 11-30, 2020)

Nebraska DHHS, Chief Medical Officer, Nebraska (Sarpy and Cass Counties; identical statewide form) (State)

Dates
In force from Nov. 11, 2020 to Nov. 30, 2020 (issued Nov. 9, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
GATH indoor 25 percent; DR seated, parties of 8, six feet, bar seating six feet; SL masks; EC staff masks; FC six feet; WS household parties; SX 10 percent reserve; SP household fans only; WF isolation and quarantine incl. school-aged; FP employer housing
Grade
Primary source read
Days in this quarter
20

For beauty/nail salons, barbershops, massage therapy offices or centers, bowling alleys, pool halls, body art or tattoo establishments, and any other indoor businesses where staff and patrons are within six (6) feet of each other for fifteen (15) consecutive minutes or more: Such businesses shall require the use of masks, or other item sufficient to cover an individual's mouth and nose, for all staff, practitioners and patrons... For child care centers, where staff are within six (6) feet of children for fifteen (15) consecutive minutes or more: Such child care centers shall require all staff to use masks... 3. Elective surgery and elective procedures; for all Acute Care Hospitals, Critical Care Hospitals and Children's Hospitals: Elective medical surgeries and procedures are allowed in the aforementioned facilities so long as those facilities maintain and dedicate ten percent (10%) of…

Enforcement: DHHS formula; supersedes Orders 2020-001 to 2020-011 and SCHD-001 to SCHD-011; 'binding and enforceable regardless of any Directed Health Measure(s) issued by Local Health Departments or municipalities'

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-SCHD-012 (Nov. 9, 2020) (Ex. NE-021) Open the exhibit

Ex. NE-110
Directed Health Measure Order 2020-CDHD-012

Directed Health Measure Order 2020-CDHD-012 (winter re-tightening, Grand Island district, Nov. 11-30, 2020)

Nebraska DHHS, Chief Medical Officer, Nebraska (Central District: Hall, Hamilton and Merrick Counties; identical statewide form) (State)

Dates
In force from Nov. 11, 2020 to Nov. 30, 2020 (issued Nov. 9, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
as NE-021
Grade
Primary source read
Days in this quarter
20

Gatherings are restricted to: twenty-five percent (25%) for an indoor facility's applicable rated occupancy... and one-hundred percent (100%) for an outdoor facility's applicable rated occupancy... Indoor venues previously approved for hosting events at seventy-five percent (75%) or fifty percent (50%) of rated occupancy must follow the new twenty five percent (25%) restriction.

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-CDHD-012 (Nov. 9, 2020) (Ex. NE-110) Open the exhibit

Ex. NE-023
Phased Public Health Restrictions Tied to Coronavirus Hospitalization Rate (DHM Measure Table)

Phased Public Health Restrictions Tied to Coronavirus Hospitalization Rate

Nebraska DHHS, Nebraska (State)

Dates
In force from Nov. 14, 2020 to May 24, 2021 (issued Nov. 13, 2020)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venues
Functions reached
GATH; DR; BA; WS; FC; SL; SX; EC; SP
Grade
Primary source read
Days in this quarter
48 (in force on the last day)

Hospital Bed Thresholds - 10% 15% 20% 25% Percent COVID-19 Inpatients of 14 day rolling average of staffed beds... Indoor Gatherings [green] No restrictions [blue] 75%; guidance remains and is recommended [yellow] 50%, Parties of 8 [orange] 25%, Parties of 8, 6 ft Separation between households [red] 10 Person Rule... Elective Surgeries [green] No restrictions [blue] No restrictions; guidance remains [yellow] 10% Reserve Capacity [orange] All Inpatient Class D & E Surgeries Postponed [red] All Inpatient Class C, D & E Surgeries Postponed... Schools Remain Open [all phases]

Enforcement: Implemented through the district DHMs

Citation: Nebraska DHHS, Phased Public Health Restrictions Tied to Coronavirus Hospitalization Rate (DHM Measure Table) (Nov. 13, 2020) (Ex. NE-023) Open the exhibit

Ex. NE-022
Directed Health Measure Orders of Nov. 13, 2020 (e.g., 2020-DCHD-014)

Directed Health Measures effective Nov. 16, 2020 (elective surgery pause)

Nebraska DHHS, Chief Medical Officer, Nebraska (all districts) (State)

Dates
In force from Nov. 16, 2020 to Dec. 11, 2020 (issued Nov. 13, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementHealth care ordersQuarantine and isolation
Functions reached
SX elective inpatient surgery; IP inpatient capacity; OC; CB patients
Grade
Confirmed from a secondary source
Days in this quarter
26

Temporarily halts elective surgeries that can wait 4+ weeks without substantially changing patient outcome [Husch Blackwell summary of the Nov. 16 DHM]; DHHS Dec. 2, 2020: 'Many elective surgeries requiring an inpatient hospital stay are restricted'; DHHS measure table (NE-023): orange 'All Inpatient Class D & E Surgeries Postponed'; red 'All Inpatient Class C, D & E Surgeries Postponed'

Enforcement: DHHS formula

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Orders of Nov. 13, 2020 (e.g., 2020-DCHD-014) (Ex. NE-022)

Ex. NE-090
DHHS COVID-19 Weekly Update, Dec. 2, 2020

DHHS COVID-19 Weekly Update (orange phase)

Nebraska DHHS, Nebraska (State)

Dates
In force from Dec. 2, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Capacity limitGathering capHealth care orders
Functions reached
SX; GATH 25 percent
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

the orange threshold, 'the second most restrictive of the five levels of directives'... 'More than 20% of beds are currently needed for COVID-19 patients'... 'Many elective surgeries requiring an inpatient hospital stay are restricted'... 'A five-phase series of Directed Health Measures (DHMs) remain in effect for the entire state.'

Enforcement: Describes binding DHMs

Citation: Nebraska DHHS, DHHS COVID-19 Weekly Update, Dec. 2, 2020 (Ex. NE-090) Open the exhibit

Ex. NE-025
Directed Health Measure Order 2020-DKHD-016

Directed Health Measure Order 2020-DKHD-016 (orange phase, Dec. 3-31, 2020)

Nebraska DHHS, Chief Medical Officer, Nebraska (Dakota County; identical statewide form) (State)

Dates
In force from Dec. 3, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
GATH 25 percent; DR; SL masks; EC staff masks; FC six feet; WS; SX; WF quarantine (10-day option); FP employer housing (Dakota County packing plants)
Grade
Primary source read
Days in this quarter
29 (in force on the last day)

Gatherings are restricted to: twenty-five percent (25%) for an indoor facility's applicable rated occupancy but not to exceed ten thousand (10,000) (excluding staff), and one-hundred percent (100%) for an outdoor facility's applicable rated occupancy... Any one Party at a Gathering may not exceed eight (8) individuals. Any Party at a Gathering must maintain six (6) feet of distance from any other... For beauty/nail salons, barbershops, massage therapy offices or centers, bowling alleys, pool halls, body art or tattoo establishments, and any other indoor businesses where staff and patrons are within six (6) feet of each other for fifteen (15) consecutive minutes or more: Such businesses shall require the use of masks... For Daycare/child care services...: Such child care services shall require all staff, volunteers or practitioners to use masks.

Enforcement: DHHS formula; supersedes Orders 2020-001 to 2020-011 and DKHD-001 to DKHD-015

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DKHD-016 (Dec. 3, 2020) (Ex. NE-025) Open the exhibit

Ex. NE-091
DHHS COVID-19 Weekly Update, Dec. 16, 2020

DHHS COVID-19 Weekly Update (yellow phase from Dec. 12, 2020)

Nebraska DHHS, Nebraska (State)

Dates
In force from Dec. 12, 2020 to Dec. 31, 2020 (issued Dec. 16, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capHealth care orders
Functions reached
SX; GATH 50 percent
Grade
Primary source read
Days in this quarter
20 (in force on the last day)

'More than 15% of beds are needed for COVID-19 patients, putting the state in the yellow threshold'... restrictions relaxed Dec. 12 'to allow elective surgeries requiring inpatient stays if hospitals maintain 10% capacity for COVID patients' and 'maximum capacity for indoor gatherings is now at 50%.'

Enforcement: Describes binding DHMs

Citation: Nebraska DHHS, DHHS COVID-19 Weekly Update, Dec. 16, 2020 (Ex. NE-091) Open the exhibit

Ex. NE-084
KLKN, 'New DHMs start Friday, bars to open' (Dec. 17, 2020)

Lincoln-Lancaster County DHM effective Dec. 18, 2020 - Jan. 15, 2021

KLKN-TV report of the Lincoln-Lancaster County Health Department DHM effective Dec. 18, 2020, Lancaster County (County)

Dates
In force from Dec. 18, 2020 to Jan. 15, 2021 (issued Dec. 17, 2020)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venues
Functions reached
BA (bars closed in Nov. 2020, reopened Dec. 18 at 50 percent); DR; GATH 25 percent; FC 25 percent; MC events postponed; CURF hours
Grade
Confirmed from a secondary source
Days in this quarter
14 (in force on the last day)

Bars not selling food resumed on-site alcohol sales, 'ending their closure'; indoor gatherings 25 percent of rated occupancy (maximum 2,000) and outdoor 25 percent (maximum 4,000); bars and restaurants 50 percent; parties of eight, six feet apart; alcohol service cutoff 10:45 p.m. and closure at 11 p.m.; masks required when not seated; gyms 25 percent; events of 500 or more postponed until Jan. 15, 2021

Enforcement: As the local DHMs

Citation: KLKN-TV report of the Lincoln-Lancaster County Health Department DHM effective Dec. 18, 2020, KLKN, 'New DHMs start Friday, bars to open' (Dec. 17, 2020) (Ex. NE-084) Open the exhibit

Ex. NE-061
Executive Order 20-36

Corona Virus - Public Meetings Requirement Limited Waiver

Governor Pete Ricketts, Nebraska (all public bodies) (State)

Dates
In force from Dec. 1, 2020 to Jan. 31, 2021
Quarters
2020 Q42021 Q1
Limitations
Gathering capCourts and public offices
Functions reached
CT; PM; OW
Grade
Primary source read
Days in this quarter
31 (in force on the last day)

2. All governing bodies may meet by videoconference or by telephone conferencing or by conferencing by other electronic communication so long as there is made available at such meeting access to members of the public and to members of the media.... 4. This waiver shall apply to all public governing body meetings that occur from December 1, 2020 through January 31, 2021.

Enforcement: Waiver

Citation: Governor Pete Ricketts, Executive Order 20-36 (Dec. 1, 2020) (Ex. NE-061) Open the exhibit

Ex. NE-074
Ordinance No. 42368 (substitute, Nov. 10, 2020 agenda) amending § 12-51; and the October 2020 extension of the sunset to February 23, 2021

Amending Chapter 12, Article III, Prevention of COVID-19, § 12-51 (conditions precedent to expiration; October 2020 extension to Feb. 23, 2021)

Omaha City Council, City of Omaha (City)

Dates
In force from Oct. 20, 2020 to Feb. 23, 2021 (issued Nov. 10, 2020)
Quarters
2020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rules
Functions reached
as Ord. 42309
Grade
Primary source read
Days in this quarter
73 (in force on the last day)

Sec. 12-51. - Sunset Provision. The requirements imposed by this Article shall expire and terminate upon certification by the City of Omaha Health Director to the Mayor that: (1) the positivity rate... equals five percent or less for two consecutive weekly reporting periods...; and (2) the seven-day rolling average of positive cases... per 100,000 population equals 10 or fewer cases for two consecutive weekly reporting periods [substitute Ordinance 42368 as introduced Nov. 10, 2020]; Ord. 42435 (NE-075) recites the codified sunset as 'February 23, 2021' before its February 2021 amendment

Enforcement: As Ord. 42309

Citation: Omaha City Council, Ordinance No. 42368 (substitute, Nov. 10, 2020 agenda) amending § 12-51; and the October 2020 extension of the sunset to February 23, 2021 (Ex. NE-074) Open the exhibit

Ex. NE-060
Executive Order 20-34

Coronavirus - Public Meetings Requirement Limited Waiver for Alternative Participation for Elected Officials

Governor Pete Ricketts, Nebraska (all public bodies) (State)

Dates
In force from Oct. 30, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Courts and public offices
Functions reached
CT
Grade
Primary source read
Days in this quarter
63 (in force on the last day)

Limited waiver permitting elected officials to participate in public meetings by alternative means through December 31, 2020 [read for date, title and term]

Enforcement: Waiver

Citation: Governor Pete Ricketts, Executive Order 20-34 (Oct. 30, 2020) (Ex. NE-060) Open the exhibit

Ex. NE-024
Outline of Changes to Upcoming DHMs (statewide, effective 5:00 p.m. Dec. 3, 2020)

Outline of Changes to Upcoming DHMs (Dec. 3, 2020: options to discontinue quarantine)

Nebraska DHHS, Nebraska (State)

Dates
In force from Dec. 3, 2020 to May 24, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Quarantine and isolation
Functions reached
WF quarantine duration
Grade
Primary source read
Days in this quarter
29 (in force on the last day)

Quarantine may discontinue without testing under the following conditions: At least ten (10) days have passed since close contact exposure AND No COVID-19 symptoms have developed and the person self-monitors for COVID-19 symptoms and wears a facial covering through day 14 since last close contact. Quarantine may discontinue with testing under the following conditions: At least seven (7) days have passed... AND Results of a diagnostic specimen test... is negative that was collected no earlier than five (5) days since last close contact exposure.

Enforcement: Implemented through the December 2020 district DHMs (NE-025)

Citation: Nebraska DHHS, Outline of Changes to Upcoming DHMs (statewide, effective 5:00 p.m. Dec. 3, 2020) (Ex. NE-024) Open the exhibit

Ex. NE-062
Executive Order 20-37

Coronavirus - Credentialing the COVID-19 Workforce - Extension

Governor Pete Ricketts, Nebraska (Sector regulator)

Dates
In force from Dec. 7, 2020 to July 30, 2021
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Health care orders
Functions reached
HR
Grade
Primary source read
Days in this quarter
25 (in force on the last day)

Provisional credentials remain active until 30 days after COVID emergency lifting or exam results obtained; temporarily deferred in-person clinical training, field experiences, client-contact hours [Husch summary; order read for date and title]

Enforcement: Suspension of credentialing statutes

Citation: Governor Pete Ricketts, Executive Order 20-37 (Dec. 7, 2020) (Ex. NE-062) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. NE-015Nebraska DHHS, Outline of Changes to Upcoming DHMs Phase IV (June 16, 2020) (Ex. NE-015)In force from Aug. 1, 2020 to Oct. 20, 2020 (issued June 16, 2020)Capacity limitGathering capEvents and venues
Ex. NE-018Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-009 (Sept. 11, 2020) (Ex. NE-018)In force from Sept. 14, 2020 to Oct. 31, 2020 (issued Sept. 11, 2020)Capacity limitGathering capEvents and venuesWorkplace rulesQuarantine and isolation
Ex. NE-037Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DCHD-008 (Sept. 11, 2020) (Ex. NE-037)In force from Sept. 14, 2020 to Oct. 31, 2020 (issued Sept. 11, 2020)Capacity limitGathering capEvents and venuesWorkplace rulesQuarantine and isolation
Ex. NE-086Lincoln-Lancaster County Health Department, Health Director Patricia D. Lopez, Lincoln-Lancaster County Directed Health Measures 2020-09 (Sept. 11, 2020) (Ex. NE-086)In force from Sept. 14, 2020 to Oct. 31, 2020 (issued Sept. 11, 2020)Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsWorkplace rulesQuarantine and isolation
Ex. NE-038Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-010 (Sept. 18, 2020) (Ex. NE-038)In force from Sept. 21, 2020 to Oct. 31, 2020 (issued Sept. 18, 2020)Capacity limitGathering capSchools and child careEvents and venuesWorkplace rulesQuarantine and isolation
Ex. NE-039Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DCHD-009 (Sept. 18, 2020) (Ex. NE-039)In force from Sept. 21, 2020 to Oct. 31, 2020 (issued Sept. 18, 2020)Capacity limitGathering capSchools and child careEvents and venuesWorkplace rulesQuarantine and isolation
Ex. NE-001Governor Pete Ricketts, Proclamation of a State of Emergency (COVID-19) (Mar. 13, 2020) (Ex. NE-001)In force from Mar. 13, 2020 to June 30, 2021Emergency declaration
Ex. NE-100Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (Mar. 13, 2020) (Ex. NE-100)In force from Mar. 13, 2020 to Sept. 30, 2021Emergency declaration
Ex. NE-045Governor Pete Ricketts (directing the Nebraska Liquor Control Commission), Executive Order 20-06 (Mar. 19, 2020) (Ex. NE-045)In force from Mar. 19, 2020 to June 1, 2021Alcohol and bars
Ex. NE-099Nebraska Legislature, Neb. Rev. Stat. § 71-502 (Mar. 19, 2020) (Ex. NE-099)In force from Mar. 19, 2020 to Sept. 30, 2021Other
Ex. NE-047Governor Pete Ricketts, Executive Order 20-08 (Mar. 26, 2020) (Ex. NE-047)In force from Mar. 26, 2020 to July 30, 2021Schools and child careWorkplace rules
Ex. NE-048Governor Pete Ricketts (directing the Liquor Control Commission), Executive Order 20-09 (Mar. 26, 2020) (Ex. NE-048)In force from Mar. 26, 2020 to June 1, 2021Alcohol and bars
Ex. NE-049Governor Pete Ricketts, Executive Order 20-10 (Mar. 27, 2020) (Ex. NE-049)In force from Mar. 27, 2020 to July 30, 2021Health care orders
Ex. NE-050Governor Pete Ricketts, Executive Order 20-12 (Mar. 31, 2020) (Ex. NE-050)In force from Mar. 31, 2020 to Aug. 27, 2021Health care orders
Ex. NE-051Governor Pete Ricketts (directing the Secretary of State and the Department of Banking and Finance), Executive Order 20-13 (Apr. 1, 2020) (Ex. NE-051)In force from Apr. 1, 2020 to June 1, 2021Courts and public officesOther
Ex. NE-053Governor Pete Ricketts, Executive Order 20-18 (Apr. 15, 2020) (Ex. NE-053)In force from Apr. 15, 2020 to July 30, 2021Schools and child careOther
Ex. NE-054Governor Pete Ricketts, Executive Order 20-21 (Apr. 29, 2020) (Ex. NE-054)In force from May 1, 2020 to June 1, 2021 (issued Apr. 29, 2020)Supply chainOther
Ex. NE-055Governor Pete Ricketts, Executive Order 20-25 (May 26, 2020) (Ex. NE-055)In force from May 26, 2020 to July 2, 2020Courts and public offices
Ex. NE-056Governor Pete Ricketts, Executive Order 20-27 (June 17, 2020) (Ex. NE-056)In force from June 17, 2020 to Dec. 31, 2020Health care orders
Ex. NE-057Governor Pete Ricketts, Executive Order 20-29 (July 1, 2020) (Ex. NE-057)In force from July 1, 2020 to June 30, 2021Other
Ex. NE-072Omaha City Council (7-0), approved by Mayor Jean Stothert, Emergency Ordinance No. 42309 (Aug. 11, 2020) (Ex. NE-072)In force from Aug. 11, 2020 to June 30, 2021Face-covering requirementWorkplace rules
Ex. NE-073Omaha City Council, Ordinance No. 42310 (as amended, 42310b) (Sept. 1, 2020) (Ex. NE-073)In force from Sept. 1, 2020 to Oct. 20, 2020Face-covering requirementWorkplace rules

Agencies, boards and authorities: Nebraska

Ex. AGY-ST-COURTS-009
Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (filed Nov. 3, 2020)

Statewide administrative order requiring every court holding in-person proceedings to adopt a written transmission-control plan (telephonic or video hearings, distancing, masks, sanitation) and superseding the March 13, April 6 and June 30, 2020 orders

Chief Justice Michael G. Heavican, Nebraska Supreme Court, Nebraska Supreme Court (Chief Justice; statewide) (Court)

Dates
In force from Nov. 3, 2020 to Sept. 30, 2021
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementCourts and public officesWorkplace rulesQuarantine and isolation
Functions reached
CT courts and agencies; WF workforce (isolation and quarantine categories excluded from proceedings); OF office and administration
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

if a court is holding in-person proceedings, the court shall adopt, and implement to the best of the court's ability, a written plan outlining adequate measures to limit the transmission of COVID-19 to staff, counsel, parties, and other participants, including but not limited to use of telephonic or videoconferencing hearing options as allowed by statute, social distancing or spacing requirements, use of masks, providing hand sanitizer, and sanitizing highly touched surfaces... The March 13, April 6, and June 30, 2020, Administrative Orders are superseded by this Order. This Order shall remain in effect until otherwise ordered by the Nebraska Supreme Court.

Enforcement: General administrative order binding on all courts and probation offices; plans submitted to the Administrative Office of the Courts and Probation

Citation: Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (filed Nov. 3, 2020) (Ex. AGY-ST-COURTS-009) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-076Nebraska Department of Correctional Services (Director Scott R. Frakes), NDCS 'Coronavirus Health Update' page (as archived Apr. 11, 2020) (Mar. 16, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-076)In force from Mar. 12, 2020 to Dec. 31, 2020 (issued Mar. 16, 2020)Gathering capFace-covering requirementWorkplace rulesSupply chain
Ex. AGY-ST-DMV-SOS-RECORDERS-046Governor Pete Ricketts, Executive Order No. 20-13 (Apr. 1, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-046)In force from Apr. 2, 2020 to July 1, 2020 (issued Apr. 1, 2020)Courts and public officesOther
Ex. AGY-ST-COURTS-010Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (June 30, 2020) (Ex. AGY-ST-COURTS-010)In force from June 30, 2020 to Nov. 3, 2020Face-covering requirementCourts and public officesWorkplace rulesQuarantine and isolation

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 Nebraska

Ex. NE-092
DHHS COVID-19 Weekly Update, Jan. 27, 2021

DHHS COVID-19 Weekly Update (blue phase; 75 percent indoor gatherings)

Nebraska DHHS, Nebraska (State)

Dates
In force from Jan. 27, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitations
Capacity limitGathering capQuarantine and isolation
Functions reached
GATH 75 percent; WF quarantine
Grade
Primary source read
Days in this quarter
64 (in force on the last day)

Nebraska has maintained the blue threshold status since late December, with 'indoor gatherings restricted to 75% of capacity'... 'If hospitalizations continue to remain below the 10% threshold, DHMs could be relaxed this weekend.'... 'Anyone who may have been exposed to COVID-19 should quarantine and get tested.'

Enforcement: Describes binding DHMs

Citation: Nebraska DHHS, DHHS COVID-19 Weekly Update, Jan. 27, 2021 (Ex. NE-092) Open the exhibit

Ex. NE-064
Executive Order 21-02

Coronavirus - Continued Limited Waiver of Public Meetings Requirements

Governor Pete Ricketts, Nebraska (all public bodies) (State)

Dates
In force from Jan. 11, 2021 to Apr. 30, 2021
Quarters
2021 Q12021 Q2
Limitations
Gathering capCourts and public offices
Functions reached
CT; PM; OW
Grade
Primary source read
Days in this quarter
80 (in force on the last day)

1. Executive Order No. 20-36, which is currently scheduled to end on January 31, 2021, shall remain in effect through April 30, 2021; and 2. The identical statutory waivers and conditions contained within Executive Order No. 20-36 shall continue through April 30, 2021.

Enforcement: Waiver

Citation: Governor Pete Ricketts, Executive Order 21-02 (Jan. 11, 2021) (Ex. NE-064) Open the exhibit

Ex. NE-026
Directed Health Measure Order 2020-DCHD-019

Directed Health Measure Order 2020-DCHD-019 (green phase, Jan. 30 - Feb. 28, 2021)

Nebraska DHHS, Chief Medical Officer, Nebraska (Douglas County; identical statewide form) (State)

Dates
In force from Jan. 30, 2021 to Feb. 28, 2021 (issued Jan. 29, 2021)
Quarters
2021 Q1
Limitations
Gathering capEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
MC large venues (plan approval); WF isolation and quarantine; FP employer housing screening
Grade
Primary source read
Days in this quarter
30

Gathering occupancy for indoor and outdoor facilities are not restricted beyond the facility's applicable rated occupancy. Plans for Reopening:... venues with a rated capacity of one-thousand (1,000) or more individuals must submit a 'plan for reopening' to the applicable Local Public Health Department BEFORE reopening.... All plans must be approved by the Local Public Health Department prior to reopening.... School Aged Individuals or other individuals who have had Close Contact shall home-Quarantine, unless Quarantined in a health care facility, when required per the attached Quarantine and Isolation Directions.

Enforcement: DHHS formula; supersedes Orders 2020-001 to 2020-011 and DCHD-001 to DCHD-018

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DCHD-019 (Jan. 29, 2021) (Ex. NE-026) Open the exhibit

Ex. NE-028
Directed Health Measure Order 2020-WCHD-023

Directed Health Measure Order 2020-WCHD-023 (green phase, Mar. 16 - Apr. 30, 2021)

Nebraska DHHS, Chief Medical Officer, Nebraska (West Central District: Hooker, Thomas, Arthur, McPherson, Logan, Lincoln Counties; identical statewide form) (State)

Dates
In force from Mar. 16, 2021 to Apr. 30, 2021 (issued Mar. 15, 2021)
Quarters
2021 Q12021 Q2
Limitations
Gathering capHealth care ordersEvents and venuesWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
MC indoor venues (plan approval); WF isolation and quarantine; FP employer housing; CL pharmacies and clinics (vaccine allocation directives)
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

Gathering occupancy for indoor and outdoor facilities are not restricted, however indoor venues must submit a 'plan for reopening' prior to reopening.... By April 1 2021, CVPs must use the state designated COVID-19 vaccine registration and scheduling software tool.... COVID-19 vaccines received through the Federal Retail Pharmacy program may be administered to those persons sixty-five (65) years and older, health care workers with direct patient care duties, or critical infrastructure workers.... School Aged Individuals or other individuals who have had Close Contact shall home-Quarantine.

Enforcement: DHHS formula; supersedes Orders 2020-001 to 2020-011 and WCHD-001 to WCHD-022

Citation: Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-WCHD-023 (Mar. 15, 2021) (Ex. NE-028) Open the exhibit

Ex. NE-063
Executive Order 21-01

Coronavirus - Supervising Pharmacy Technicians & Pharmacist Interns

Governor Pete Ricketts, Nebraska (Sector regulator)

Dates
In force from Jan. 7, 2021 to July 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Health care ordersVaccination or testing
Functions reached
HR pharmacy staffing; CL vaccination clinics
Grade
Primary source read
Days in this quarter
84 (in force on the last day)

Temporarily suspended Neb. Rev. Stat. § 38-2866.01 limiting one pharmacist to supervise no more than three technicians/interns, to increase COVID-19 vaccine administrators [Husch summary; order read for date and title]

Enforcement: Suspension of statute

Citation: Governor Pete Ricketts, Executive Order 21-01 (Jan. 7, 2021) (Ex. NE-063) Open the exhibit

Ex. NE-075
Ordinance No. 42435

Amending Chapter 12, Article III, Prevention of COVID-19, § 12-51 (sunset extended from February 23, 2021 to May 25, 2021)

Omaha City Council (requested by Councilmembers Festersen and others), City of Omaha (City)

Dates
In force from Feb. 9, 2021 to May 25, 2021
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Functions reached
as Ord. 42309
Grade
Primary source read
Days in this quarter
51 (in force on the last day)

extending the sunset provision of Article III from February 23, 2021, to May 25, 2021... The requirements imposed by this Article shall expire and terminate at 11:59 p.m. on [February 23] May 25, 2021, unless otherwise extended by ordinance of the City Council.

Enforcement: As Ord. 42309

Citation: Omaha City Council (requested by Councilmembers Festersen and others), Ordinance No. 42435 (Feb. 9, 2021) (Ex. NE-075) Open the exhibit

Continuing in force from an earlier quarter of this report (20 instruments):

ExhibitCitationDatesLimitations
Ex. NE-023Nebraska DHHS, Phased Public Health Restrictions Tied to Coronavirus Hospitalization Rate (DHM Measure Table) (Nov. 13, 2020) (Ex. NE-023)In force from Nov. 14, 2020 to May 24, 2021 (issued Nov. 13, 2020)Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venues
Ex. NE-084KLKN-TV report of the Lincoln-Lancaster County Health Department DHM effective Dec. 18, 2020, KLKN, 'New DHMs start Friday, bars to open' (Dec. 17, 2020) (Ex. NE-084)In force from Dec. 18, 2020 to Jan. 15, 2021 (issued Dec. 17, 2020)Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venues
Ex. NE-061Governor Pete Ricketts, Executive Order 20-36 (Dec. 1, 2020) (Ex. NE-061)In force from Dec. 1, 2020 to Jan. 31, 2021Gathering capCourts and public offices
Ex. NE-001Governor Pete Ricketts, Proclamation of a State of Emergency (COVID-19) (Mar. 13, 2020) (Ex. NE-001)In force from Mar. 13, 2020 to June 30, 2021Emergency declaration
Ex. NE-100Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (Mar. 13, 2020) (Ex. NE-100)In force from Mar. 13, 2020 to Sept. 30, 2021Emergency declaration
Ex. NE-045Governor Pete Ricketts (directing the Nebraska Liquor Control Commission), Executive Order 20-06 (Mar. 19, 2020) (Ex. NE-045)In force from Mar. 19, 2020 to June 1, 2021Alcohol and bars
Ex. NE-099Nebraska Legislature, Neb. Rev. Stat. § 71-502 (Mar. 19, 2020) (Ex. NE-099)In force from Mar. 19, 2020 to Sept. 30, 2021Other
Ex. NE-047Governor Pete Ricketts, Executive Order 20-08 (Mar. 26, 2020) (Ex. NE-047)In force from Mar. 26, 2020 to July 30, 2021Schools and child careWorkplace rules
Ex. NE-048Governor Pete Ricketts (directing the Liquor Control Commission), Executive Order 20-09 (Mar. 26, 2020) (Ex. NE-048)In force from Mar. 26, 2020 to June 1, 2021Alcohol and bars
Ex. NE-049Governor Pete Ricketts, Executive Order 20-10 (Mar. 27, 2020) (Ex. NE-049)In force from Mar. 27, 2020 to July 30, 2021Health care orders
Ex. NE-050Governor Pete Ricketts, Executive Order 20-12 (Mar. 31, 2020) (Ex. NE-050)In force from Mar. 31, 2020 to Aug. 27, 2021Health care orders
Ex. NE-051Governor Pete Ricketts (directing the Secretary of State and the Department of Banking and Finance), Executive Order 20-13 (Apr. 1, 2020) (Ex. NE-051)In force from Apr. 1, 2020 to June 1, 2021Courts and public officesOther
Ex. NE-053Governor Pete Ricketts, Executive Order 20-18 (Apr. 15, 2020) (Ex. NE-053)In force from Apr. 15, 2020 to July 30, 2021Schools and child careOther
Ex. NE-054Governor Pete Ricketts, Executive Order 20-21 (Apr. 29, 2020) (Ex. NE-054)In force from May 1, 2020 to June 1, 2021 (issued Apr. 29, 2020)Supply chainOther
Ex. NE-055Governor Pete Ricketts, Executive Order 20-25 (May 26, 2020) (Ex. NE-055)In force from May 26, 2020 to July 2, 2020Courts and public offices
Ex. NE-057Governor Pete Ricketts, Executive Order 20-29 (July 1, 2020) (Ex. NE-057)In force from July 1, 2020 to June 30, 2021Other
Ex. NE-072Omaha City Council (7-0), approved by Mayor Jean Stothert, Emergency Ordinance No. 42309 (Aug. 11, 2020) (Ex. NE-072)In force from Aug. 11, 2020 to June 30, 2021Face-covering requirementWorkplace rules
Ex. NE-074Omaha City Council, Ordinance No. 42368 (substitute, Nov. 10, 2020 agenda) amending § 12-51; and the October 2020 extension of the sunset to February 23, 2021 (Ex. NE-074)In force from Oct. 20, 2020 to Feb. 23, 2021 (issued Nov. 10, 2020)Face-covering requirementWorkplace rules
Ex. NE-024Nebraska DHHS, Outline of Changes to Upcoming DHMs (statewide, effective 5:00 p.m. Dec. 3, 2020) (Ex. NE-024)In force from Dec. 3, 2020 to May 24, 2021Quarantine and isolation
Ex. NE-062Governor Pete Ricketts, Executive Order 20-37 (Dec. 7, 2020) (Ex. NE-062)In force from Dec. 7, 2020 to July 30, 2021Health care orders

Agencies, boards and authorities: Nebraska

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-DMV-SOS-RECORDERS-046Governor Pete Ricketts, Executive Order No. 20-13 (Apr. 1, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-046)In force from Apr. 2, 2020 to July 1, 2020 (issued Apr. 1, 2020)Courts and public officesOther
Ex. AGY-ST-COURTS-009Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (filed Nov. 3, 2020) (Ex. AGY-ST-COURTS-009)In force from Nov. 3, 2020 to Sept. 30, 2021Face-covering requirementCourts and public officesWorkplace rulesQuarantine and isolation

End of general restrictions, State of Nebraska: Termination of the statewide Directed Health Measure series announced by Governor Ricketts May 24, 2021 (DHMs ended 11:59 p.m. May 24, 2021), confirmed by DHHS COVID-19 Weekly Update of May 26, 2021: 'Nebraska does not have any statewide health directives; any recommendations made will be through an individual's local health departments' (NE-095); capacity limits on commerce had already ended with the green-phase DHMs effective January 30, 2021 (NE-026) (2021-05-24). What remained: The state of emergency (Proclamation of Mar. 13, 2020) until 11:59 p.m. June 30, 2021 (EO 21-09, NE-067); Omaha Emergency Ordinance 42309 face-covering requirement until 11:59 p.m. May 25, 2021 (NE-075); EOs 20-06, 20-09, 20-13, 20-14, 20-19, 20-21 and 20-22 until June 1, 2021 (EO 21-06, NE-066); EO 20-29 to June 30, 2021; EOs 20-08, 20-10, 20-15, 20-18, 20-37 and 21-01 to July 30, 2021; EO 20-12 to August 27, 2021; EOs 20-26 and 21-03 to at least April 30, 2022 (NE-067); then, from Aug. 26, 2021, EO 21-12's hospital capacity emergency and the Lincoln-Lancaster County indoor mask DHM (NE-068, NE-080).

Preemption of local orders, State of Nebraska: Nebraska did not bar local orders in 2020-2021. The State DHMs were ordered county by county by DHHS under Neb. Rev. Stat. section 71-502 (which commands that 'All officers and other persons shall obey and enforce such communicable disease control rules and regulations as may be adopted and promulgated by the department,' NE-099), and from April 2020 each State DHM recited that it 'does not supersede the provisions of any Directed Health Measure(s) issued by Local Health Departments, except that the Directed Health Measures contained in this order are binding and enforceable regardless of any Directed Health Measure(s) issued by Local Health Departments or municipalities' (NE-008, NE-010): the State order was a floor, and local health departments could be and were stricter. Local public health departments issued their own DHMs under section 71-501 (local boards 'shall make and enforce regulations to prevent the introduction and spread of contagious, infectious, and malignant diseases') and section 71-1630(4), the Central District cited sections 71-1626 through 71-1636 and county and city resolutions (NE-087), the East Central District cited section 71-1631(7) and regulations 'approved by the Nebraska Department of Health and Human Services' (NE-088), and Lincoln-Lancaster cited sections 71-501 and 71-1630(4)(d)(iii), Lincoln Municipal Code ch. 8.18 (section 8.18.140 closure power; section 8.18.170 city-misdemeanor penalty) and Lancaster County Resolution R-07-0035 (NE-076 to NE-079, NE-086). DHHS's own FAQ answered 'Can local governments issue their own Directed Health Measures? A: Yes, local governments can issue their own directed health measures' (NE-029). The one contested question was mask mandates: in July 2020 the Douglas County Board of Health resolved to authorize a county mask DHM, the Health Director declined on July 31, 2020 citing conflicting legal authority after the Attorney General's office questioned a county health director's power to impose one without State concurrence, and the City of Omaha therefore legislated the requirement by home-rule emergency ordinance on August 11, 2020 (NE-072, NE-097); Lincoln issued its mandate as a local DHM under city code (NE-079). No State instrument in the period suspended or voided any local order. The 2022 litigation over the Douglas County Health Director's January 2022 mask mandate and the 2026 amendments to section 71-1630 requiring elected-official approval of community-wide DHMs post-date the claim quarters and are not part of this record.

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 Nebraska

Ex. NE-093
DHHS COVID-19 Weekly Update, Apr. 14, 2021

DHHS COVID-19 Weekly Update (green phase; quarantine and plan-approval rules)

Nebraska DHHS, Nebraska (State)

Dates
In force from Apr. 14, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Gathering capEvents and venuesQuarantine and isolation
Functions reached
MC plan approvals; WF quarantine of the unvaccinated
Grade
Primary source read
Days in this quarter
78 (in force on the last day)

'a five-phase series of DHMs aimed at preserving hospital' capacity... 'in the green phase, which removes capacity restrictions for indoor' gatherings... event organizers planning gatherings of 500+ people (1,000+ in Douglas County) must obtain 'approval from their local health department'... 'Unvaccinated individuals who test positive for antibodies are not required to quarantine if it's within 3 months of the completed antibody test'; those whose recovery was more than three months earlier must quarantine upon exposure; Lancaster County maintains capacity restrictions.

Enforcement: Describes binding DHMs

Citation: Nebraska DHHS, DHHS COVID-19 Weekly Update, Apr. 14, 2021 (Ex. NE-093) Open the exhibit

Ex. NE-094
DHHS COVID-19 Weekly Update, May 19, 2021

DHHS COVID-19 Weekly Update (green phase; DHMs to May 31, 2021)

Nebraska DHHS, Nebraska (State)

Dates
In force from May 19, 2021 to May 31, 2021
Quarters
2021 Q2
Limitations
Gathering capSchools and child careEvents and venuesQuarantine and isolation
Functions reached
MC; WF; IN
Grade
Primary source read
Days in this quarter
13

Through May 31, 2021, indoor venues hosting large gatherings need not submit plans to local health departments, though 'Adherence to guidance for large indoor gatherings is strongly recommended.'... Children ages 5-18 exposed to COVID-19 'are no longer ordered to quarantine at home' but must 'self-monitor,' wear masks and distance... A 'five-phase series of DHMs aimed at preserving hospital capacity' remains statewide.

Enforcement: Describes binding DHMs

Citation: Nebraska DHHS, DHHS COVID-19 Weekly Update, May 19, 2021 (Ex. NE-094) Open the exhibit

Ex. NE-069
Guidance on Communal Dining/Group Activities for NF and AL (Apr. 1, 2021)

DHHS Guidance on Communal Dining/Group Activities for NF and AL

Nebraska DHHS with the Infection Control Assessment and Promotion Program (ICAP), Nebraska (Sector regulator)

Dates
In force from Apr. 1, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementHealth care orders
Functions reached
DN dining and activities; IC; RS
Grade
Primary source read
Days in this quarter
91 (the whole quarter)

Best Practice for all residents regardless of their vaccination status (both vaccinated and unvaccinated): a. Maintain six-foot distance or use barriers (e.g., plexiglass) between individuals b. Wear face coverings, if tolerated and when possible (e.g., remove for meals) c. Perform frequent hand hygiene

Enforcement: Guidance recited as consistent with CMS survey expectations

Citation: Nebraska DHHS with the Infection Control Assessment and Promotion Program (ICAP), Guidance on Communal Dining/Group Activities for NF and AL (Apr. 1, 2021) (Ex. NE-069) Open the exhibit

Ex. NE-108
KLKN, 'BREAKING: Mask mandate lifted, Risk Dial in the green' (May 18, 2021)

Lincoln-Lancaster County mask mandate lifted (effective May 21, 2021)

KLKN-TV report of the Lincoln-Lancaster County Health Department announcement, Lancaster County (County)

Dates
In force from May 21, 2021 to June 30, 2021 (issued May 18, 2021)
Quarters
2021 Q2
Limitations
Face-covering requirement
Functions reached
end-of-restrictions evidence (Lincoln)
Grade
Confirmed from a secondary source
Days in this quarter
41 (in force on the last day)

The mask requirement in force since July 20, 2020 ended Friday, May 21, 2021; masks 'still recommended for unvaccinated individuals and certain workers (barbers, salon staff, massage therapists)'; 'International travel testing requirements (3-5 days post-travel)' remained as guidance

Citation: KLKN-TV report of the Lincoln-Lancaster County Health Department announcement, KLKN, 'BREAKING: Mask mandate lifted, Risk Dial in the green' (May 18, 2021) (Ex. NE-108) Open the exhibit

Ex. NE-065
Executive Order 21-05

Coronavirus - Return to Work

Governor Pete Ricketts, Nebraska (State agencies) (State)

Dates
In force from May 24, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Telework mandateFace-covering requirement
Functions reached
OF telework (State workforce); CT public offices; CB State agency clients
Grade
Primary source read
Days in this quarter
38 (in force on the last day)

WHEREAS, it is important that we as a state continue to transition back to a more normal way of life as we experienced before the COVID-19 pandemic, including reconnecting as fellow Nebraskans and returning more people to the workplace.... 1. All teammates immediately return to in-person working. An exception is made for any teammates whose position is considered work-from-home for non-COVID-19 purposes. 2. Face masks and coverings are not to be required by any state agency nor will face masks and coverings be required in any State of Nebraska office building.

Enforcement: Directive to code agencies

Citation: Governor Pete Ricketts, Executive Order 21-05 (May 24, 2021) (Ex. NE-065) Open the exhibit

Ex. NE-095
DHHS COVID-19 Weekly Update, May 26, 2021

DHHS COVID-19 Weekly Update (no statewide health directives)

Nebraska DHHS, Nebraska (State)

Dates
In force from May 26, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Other
Functions reached
end-of-restrictions evidence
Grade
Primary source read
Days in this quarter
36 (in force on the last day)

'Nebraska does not have any statewide health directives; any recommendations made will be through an individual's local health departments.'... 'people who are fully vaccinated do not need to quarantine if exposed to a COVID-19 case.'

Enforcement: Confirms the end of the DHM series

Citation: Nebraska DHHS, DHHS COVID-19 Weekly Update, May 26, 2021 (Ex. NE-095) Open the exhibit

Ex. NE-066
Executive Order 21-06

Coronavirus - Rescission of Executive Order Nos. 20-06, 20-09, 20-13, 20-14, 20-19, 20-21, 20-22

Governor Pete Ricketts, Nebraska (State)

Dates
In force from June 1, 2021 to June 30, 2021 (issued May 24, 2021)
Quarters
2021 Q2
Limitations
Alcohol and barsOther
Functions reached
BA; TO; CL; WF
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

WHEREAS, over 1.6 million vaccines have been administered to date and over 50% of Nebraskans eligible for the COVID-19 vaccine are fully vaccinated;... Executive Order Nos. 20-06, 20-09, 20-13, 20-14, 20-19, 20-21, 20-22 shall be rescinded on June 1, 2021.

Enforcement: Rescission

Citation: Governor Pete Ricketts, Executive Order 21-06 (May 24, 2021) (Ex. NE-066) Open the exhibit

Ex. NE-096
DHHS COVID-19 Weekly Update, June 2, 2021

DHHS COVID-19 Weekly Update (quarantine recommended, not required)

Nebraska DHHS, Nebraska (State)

Dates
In force from June 2, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Quarantine and isolationOther
Functions reached
end-of-restrictions evidence
Grade
Primary source read
Days in this quarter
29 (in force on the last day)

'Nebraska does not have any statewide health directives; any recommendations made will be through an individual's local health departments.'... 'Public Health recommends that anyone exposed to COVID-19 quarantine but it is not required by the state.'

Enforcement: None (recommendation)

Citation: Nebraska DHHS, DHHS COVID-19 Weekly Update, June 2, 2021 (Ex. NE-096) Open the exhibit

Ex. NE-067
Executive Order 21-09

Coronavirus - Rescission of Pandemic Emergency Executive Orders

Governor Pete Ricketts, Nebraska (State)

Dates
In force from June 30, 2021 to Sept. 30, 2021 (issued June 28, 2021)
Quarters
2021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
all (predicate); HR; EC; IP; WF
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

hereby order that the COVID-19 coronavirus pandemic state of emergency shall end at 11:59 p.m. on June 30, 2021. With regard to existing Executive Orders related to the pandemic, I further order as follows: 1. Executive Order No. 20-29 shall expire at 11:59 p.m. on June 30, 2021. 2. Executive Orders No. 20-08, No. 20-10, No. 20-15, No. 20-18, No. 20-37, and No. 21-01 shall expire at 11:59 p.m. on July 30, 2021. 3. Executive Order No. 20-12 shall expire at 11:59 p.m. on August 27, 2021 in order to coordinate with the August 28, 2021 operative dates of LB 400 and LB 487 (Neb. Laws 2021). 4. Executive Orders No. 20-26 and No. 21-03 shall expire at the later of April 30, 2022 or the operative date of LB 567.

Enforcement: Termination of the emergency and staggered expirations

Citation: Governor Pete Ricketts, Executive Order 21-09 (June 28, 2021) (Ex. NE-067) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. NE-023Nebraska DHHS, Phased Public Health Restrictions Tied to Coronavirus Hospitalization Rate (DHM Measure Table) (Nov. 13, 2020) (Ex. NE-023)In force from Nov. 14, 2020 to May 24, 2021 (issued Nov. 13, 2020)Capacity limitGathering capFace-covering requirementSchools and child careHealth care ordersEvents and venues
Ex. NE-064Governor Pete Ricketts, Executive Order 21-02 (Jan. 11, 2021) (Ex. NE-064)In force from Jan. 11, 2021 to Apr. 30, 2021Gathering capCourts and public offices
Ex. NE-028Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-WCHD-023 (Mar. 15, 2021) (Ex. NE-028)In force from Mar. 16, 2021 to Apr. 30, 2021 (issued Mar. 15, 2021)Gathering capHealth care ordersEvents and venuesWorkplace rulesVaccination or testingQuarantine and isolation
Ex. NE-001Governor Pete Ricketts, Proclamation of a State of Emergency (COVID-19) (Mar. 13, 2020) (Ex. NE-001)In force from Mar. 13, 2020 to June 30, 2021Emergency declaration
Ex. NE-100Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (Mar. 13, 2020) (Ex. NE-100)In force from Mar. 13, 2020 to Sept. 30, 2021Emergency declaration
Ex. NE-045Governor Pete Ricketts (directing the Nebraska Liquor Control Commission), Executive Order 20-06 (Mar. 19, 2020) (Ex. NE-045)In force from Mar. 19, 2020 to June 1, 2021Alcohol and bars
Ex. NE-099Nebraska Legislature, Neb. Rev. Stat. § 71-502 (Mar. 19, 2020) (Ex. NE-099)In force from Mar. 19, 2020 to Sept. 30, 2021Other
Ex. NE-047Governor Pete Ricketts, Executive Order 20-08 (Mar. 26, 2020) (Ex. NE-047)In force from Mar. 26, 2020 to July 30, 2021Schools and child careWorkplace rules
Ex. NE-048Governor Pete Ricketts (directing the Liquor Control Commission), Executive Order 20-09 (Mar. 26, 2020) (Ex. NE-048)In force from Mar. 26, 2020 to June 1, 2021Alcohol and bars
Ex. NE-049Governor Pete Ricketts, Executive Order 20-10 (Mar. 27, 2020) (Ex. NE-049)In force from Mar. 27, 2020 to July 30, 2021Health care orders
Ex. NE-050Governor Pete Ricketts, Executive Order 20-12 (Mar. 31, 2020) (Ex. NE-050)In force from Mar. 31, 2020 to Aug. 27, 2021Health care orders
Ex. NE-051Governor Pete Ricketts (directing the Secretary of State and the Department of Banking and Finance), Executive Order 20-13 (Apr. 1, 2020) (Ex. NE-051)In force from Apr. 1, 2020 to June 1, 2021Courts and public officesOther
Ex. NE-053Governor Pete Ricketts, Executive Order 20-18 (Apr. 15, 2020) (Ex. NE-053)In force from Apr. 15, 2020 to July 30, 2021Schools and child careOther
Ex. NE-054Governor Pete Ricketts, Executive Order 20-21 (Apr. 29, 2020) (Ex. NE-054)In force from May 1, 2020 to June 1, 2021 (issued Apr. 29, 2020)Supply chainOther
Ex. NE-055Governor Pete Ricketts, Executive Order 20-25 (May 26, 2020) (Ex. NE-055)In force from May 26, 2020 to July 2, 2020Courts and public offices
Ex. NE-057Governor Pete Ricketts, Executive Order 20-29 (July 1, 2020) (Ex. NE-057)In force from July 1, 2020 to June 30, 2021Other
Ex. NE-072Omaha City Council (7-0), approved by Mayor Jean Stothert, Emergency Ordinance No. 42309 (Aug. 11, 2020) (Ex. NE-072)In force from Aug. 11, 2020 to June 30, 2021Face-covering requirementWorkplace rules
Ex. NE-024Nebraska DHHS, Outline of Changes to Upcoming DHMs (statewide, effective 5:00 p.m. Dec. 3, 2020) (Ex. NE-024)In force from Dec. 3, 2020 to May 24, 2021Quarantine and isolation
Ex. NE-062Governor Pete Ricketts, Executive Order 20-37 (Dec. 7, 2020) (Ex. NE-062)In force from Dec. 7, 2020 to July 30, 2021Health care orders
Ex. NE-063Governor Pete Ricketts, Executive Order 21-01 (Jan. 7, 2021) (Ex. NE-063)In force from Jan. 7, 2021 to July 30, 2021Health care ordersVaccination or testing
Ex. NE-075Omaha City Council (requested by Councilmembers Festersen and others), Ordinance No. 42435 (Feb. 9, 2021) (Ex. NE-075)In force from Feb. 9, 2021 to May 25, 2021Face-covering requirementWorkplace rules

Agencies, boards and authorities: Nebraska

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-DMV-SOS-RECORDERS-046Governor Pete Ricketts, Executive Order No. 20-13 (Apr. 1, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-046)In force from Apr. 2, 2020 to July 1, 2020 (issued Apr. 1, 2020)Courts and public officesOther
Ex. AGY-ST-COURTS-009Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (filed Nov. 3, 2020) (Ex. AGY-ST-COURTS-009)In force from Nov. 3, 2020 to Sept. 30, 2021Face-covering requirementCourts and public officesWorkplace rulesQuarantine and isolation

End of general restrictions, State of Nebraska: Termination of the statewide Directed Health Measure series announced by Governor Ricketts May 24, 2021 (DHMs ended 11:59 p.m. May 24, 2021), confirmed by DHHS COVID-19 Weekly Update of May 26, 2021: 'Nebraska does not have any statewide health directives; any recommendations made will be through an individual's local health departments' (NE-095); capacity limits on commerce had already ended with the green-phase DHMs effective January 30, 2021 (NE-026) (2021-05-24). What remained: The state of emergency (Proclamation of Mar. 13, 2020) until 11:59 p.m. June 30, 2021 (EO 21-09, NE-067); Omaha Emergency Ordinance 42309 face-covering requirement until 11:59 p.m. May 25, 2021 (NE-075); EOs 20-06, 20-09, 20-13, 20-14, 20-19, 20-21 and 20-22 until June 1, 2021 (EO 21-06, NE-066); EO 20-29 to June 30, 2021; EOs 20-08, 20-10, 20-15, 20-18, 20-37 and 21-01 to July 30, 2021; EO 20-12 to August 27, 2021; EOs 20-26 and 21-03 to at least April 30, 2022 (NE-067); then, from Aug. 26, 2021, EO 21-12's hospital capacity emergency and the Lincoln-Lancaster County indoor mask DHM (NE-068, NE-080).

Preemption of local orders, State of Nebraska: Nebraska did not bar local orders in 2020-2021. The State DHMs were ordered county by county by DHHS under Neb. Rev. Stat. section 71-502 (which commands that 'All officers and other persons shall obey and enforce such communicable disease control rules and regulations as may be adopted and promulgated by the department,' NE-099), and from April 2020 each State DHM recited that it 'does not supersede the provisions of any Directed Health Measure(s) issued by Local Health Departments, except that the Directed Health Measures contained in this order are binding and enforceable regardless of any Directed Health Measure(s) issued by Local Health Departments or municipalities' (NE-008, NE-010): the State order was a floor, and local health departments could be and were stricter. Local public health departments issued their own DHMs under section 71-501 (local boards 'shall make and enforce regulations to prevent the introduction and spread of contagious, infectious, and malignant diseases') and section 71-1630(4), the Central District cited sections 71-1626 through 71-1636 and county and city resolutions (NE-087), the East Central District cited section 71-1631(7) and regulations 'approved by the Nebraska Department of Health and Human Services' (NE-088), and Lincoln-Lancaster cited sections 71-501 and 71-1630(4)(d)(iii), Lincoln Municipal Code ch. 8.18 (section 8.18.140 closure power; section 8.18.170 city-misdemeanor penalty) and Lancaster County Resolution R-07-0035 (NE-076 to NE-079, NE-086). DHHS's own FAQ answered 'Can local governments issue their own Directed Health Measures? A: Yes, local governments can issue their own directed health measures' (NE-029). The one contested question was mask mandates: in July 2020 the Douglas County Board of Health resolved to authorize a county mask DHM, the Health Director declined on July 31, 2020 citing conflicting legal authority after the Attorney General's office questioned a county health director's power to impose one without State concurrence, and the City of Omaha therefore legislated the requirement by home-rule emergency ordinance on August 11, 2020 (NE-072, NE-097); Lincoln issued its mandate as a local DHM under city code (NE-079). No State instrument in the period suspended or voided any local order. The 2022 litigation over the Douglas County Health Director's January 2022 mask mandate and the 2026 amendments to section 71-1630 requiring elected-official approval of community-wide DHMs post-date the claim quarters and are not part of this record.

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 Nebraska

Ex. NE-032
Assisted-Living Facility Masking Guidance (July 14, 2021)

DHHS Guidance on Masking for Assisted-Living Facilities

Nebraska DHHS, Nebraska (Sector regulator)

Dates
In force from July 14, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementHealth care orders
Functions reached
IC infection control; RS residential care; VS
Grade
Primary source read
Days in this quarter
79 (in force on the last day)

Use of a face mask is not required for fully vaccinated residents of assisted-living facilities. Unvaccinated residents should continue wearing masks and maintain physical distancing when around others within the building.... Certified nursing homes must continue to follow the CMS requirement for use of face masks within their building.

Enforcement: Guidance; recites the binding CMS masking requirement for certified nursing homes

Citation: Nebraska DHHS, Assisted-Living Facility Masking Guidance (July 14, 2021) (Ex. NE-032) Open the exhibit

Ex. NE-109
Lincoln Public Schools face-covering requirement for the 2021-22 school year (KLKN report, Aug. 5, 2021)

LPS to require masks for some students

Lincoln Public Schools (Superintendent Steve Joel), following Lincoln-Lancaster County Health Department guidance, Lincoln Public Schools (Lancaster County) (County)

Dates
In force from Aug. 9, 2021 to Aug. 26, 2021 (issued Aug. 5, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careQuarantine and isolation
Functions reached
IN; WF (parents' workforce availability; quarantine rules); TR school buses
Grade
Confirmed from a secondary source
Days in this quarter
18

Mandatory face coverings for all pre-K through 6th grade students, staff, visitors and volunteers from Monday, August 9, 2021; grades 7-12 by vaccination status; students and staff exposed while wearing face coverings 'would not need quarantine and could continue in-person learning.' Superintendent Joel: 'Students under the age of 12 do not have the option to be vaccinated, and therefore we must implement other' measures.

Enforcement: District policy

Citation: Lincoln Public Schools (Superintendent Steve Joel), following Lincoln-Lancaster County Health Department guidance, Lincoln Public Schools face-covering requirement for the 2021-22 school year (KLKN report, Aug. 5, 2021) (Ex. NE-109) Open the exhibit

Ex. NE-068
Executive Order 21-12

Additional Healthcare Workforce Capacity (hospital capacity emergency)

Governor Pete Ricketts, Nebraska (Sector regulator)

Dates
In force from Aug. 26, 2021 to Dec. 31, 2021
Quarters
2021 Q3
Limitations
Emergency declarationHealth care orders
Functions reached
HR credentialing, out-of-state licensure, training; IP capacity; IC; RS nursing-home staffing
Grade
Primary source read
Days in this quarter
36 (in force on the last day)

WHEREAS, Nebraska hospitals, clinics, and other health care facilities are facing a shortage of health care professionals; and WHEREAS, this shortage of health care professionals along with an increase in patients with various communicable diseases, injuries and illnesses is resulting in capacity issues at hospitals across the state; and WHEREAS, it is imperative that the State of Nebraska protect hospital capacity, as reduced hospital capacity presents an imminent threat of injury and loss of life to the state's citizens;... do hereby declare a hospital capacity emergency exists and hereby waive specific statutes and regulations... 21. This Executive Order shall become effective immediately and shall remain in effect until December 31, 2021.

Enforcement: Suspension of licensing, training and supervision statutes and regulations

Citation: Governor Pete Ricketts, Executive Order 21-12 (Aug. 26, 2021) (Ex. NE-068) Open the exhibit

Ex. NE-080
KLKN, 'BREAKING: Mask mandate to start Thursday in Lancaster County' (Aug. 24, 2021)

Mask mandate to start Thursday in Lancaster County

KLKN-TV (Lincoln) report of the Lincoln-Lancaster County Health Department announcement, Lancaster County (County)

Dates
In force from Aug. 26, 2021 to Sept. 30, 2021 (issued Aug. 24, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirement
Functions reached
see NE-089
Grade
Confirmed from a secondary source
Days in this quarter
36 (in force on the last day)

anyone two years and older, regardless of vaccination status

Enforcement: see NE-089

Citation: KLKN-TV (Lincoln) report of the Lincoln-Lancaster County Health Department announcement, KLKN, 'BREAKING: Mask mandate to start Thursday in Lancaster County' (Aug. 24, 2021) (Ex. NE-080) Open the exhibit

Ex. NE-089
Lincoln-Lancaster County Directed Health Measure of August 2021 (indoor face coverings)

Lancaster County indoor mask directed health measure, Aug. 26 - Dec. 23, 2021

Lincoln-Lancaster County Health Department, Health Director Pat Lopez, with Mayor Leirion Gaylor Baird, City of Lincoln and Lancaster County (County)

Dates
In force from Aug. 26, 2021 to Sept. 30, 2021 (issued Aug. 24, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careWorkplace rules
Functions reached
SF; DR; SL; FC; IN schools; OP premises employing workers; WS; CB (Lincoln)
Grade
Confirmed from a secondary source
Days in this quarter
36 (in force on the last day)

Masks were required indoors throughout the county for 'anyone two years and older, regardless of vaccination status' (KLKN, Aug. 24, 2021); 'Lancaster County was the only Nebraska county maintaining a mask mandate at that time' (KLKN, Sept. 28, 2021)

Enforcement: As a local DHM under LMC § 8.18.170 (city misdemeanor) and Neb. Rev. Stat. § 23-174

Citation: Lincoln-Lancaster County Health Department, Health Director Pat Lopez, with Mayor Leirion Gaylor Baird, Lincoln-Lancaster County Directed Health Measure of August 2021 (indoor face coverings) (Aug. 24, 2021) (Ex. NE-089)

Ex. NE-081
KLKN, 'Mask mandate extended in Lancaster County, risk dial moves to low orange' (Sept. 28, 2021)

Mask mandate extended in Lancaster County (to Oct. 28, 2021)

KLKN-TV report, Lancaster County (County)

Dates
In force from Sept. 30, 2021 to Oct. 28, 2021 (issued Sept. 28, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirement
Functions reached
see NE-089
Grade
Confirmed from a secondary source
Days in this quarter
1 (in force on the last day)

Health Director Pat Lopez: 'The data tells us that the situation is still critical and our community is not yet in a position where we can safely end the indoor mask requirement.'

Enforcement: see NE-089

Citation: KLKN-TV report, KLKN, 'Mask mandate extended in Lancaster County, risk dial moves to low orange' (Sept. 28, 2021) (Ex. NE-081) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. NE-100Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (Mar. 13, 2020) (Ex. NE-100)In force from Mar. 13, 2020 to Sept. 30, 2021Emergency declaration
Ex. NE-099Nebraska Legislature, Neb. Rev. Stat. § 71-502 (Mar. 19, 2020) (Ex. NE-099)In force from Mar. 19, 2020 to Sept. 30, 2021Other
Ex. NE-047Governor Pete Ricketts, Executive Order 20-08 (Mar. 26, 2020) (Ex. NE-047)In force from Mar. 26, 2020 to July 30, 2021Schools and child careWorkplace rules
Ex. NE-049Governor Pete Ricketts, Executive Order 20-10 (Mar. 27, 2020) (Ex. NE-049)In force from Mar. 27, 2020 to July 30, 2021Health care orders
Ex. NE-050Governor Pete Ricketts, Executive Order 20-12 (Mar. 31, 2020) (Ex. NE-050)In force from Mar. 31, 2020 to Aug. 27, 2021Health care orders
Ex. NE-053Governor Pete Ricketts, Executive Order 20-18 (Apr. 15, 2020) (Ex. NE-053)In force from Apr. 15, 2020 to July 30, 2021Schools and child careOther
Ex. NE-062Governor Pete Ricketts, Executive Order 20-37 (Dec. 7, 2020) (Ex. NE-062)In force from Dec. 7, 2020 to July 30, 2021Health care orders
Ex. NE-063Governor Pete Ricketts, Executive Order 21-01 (Jan. 7, 2021) (Ex. NE-063)In force from Jan. 7, 2021 to July 30, 2021Health care ordersVaccination or testing
Ex. NE-069Nebraska DHHS with the Infection Control Assessment and Promotion Program (ICAP), Guidance on Communal Dining/Group Activities for NF and AL (Apr. 1, 2021) (Ex. NE-069)In force from Apr. 1, 2021 to Sept. 30, 2021Face-covering requirementHealth care orders
Ex. NE-065Governor Pete Ricketts, Executive Order 21-05 (May 24, 2021) (Ex. NE-065)In force from May 24, 2021 to Sept. 30, 2021Telework mandateFace-covering requirement
Ex. NE-067Governor Pete Ricketts, Executive Order 21-09 (June 28, 2021) (Ex. NE-067)In force from June 30, 2021 to Sept. 30, 2021 (issued June 28, 2021)Emergency declaration

Agencies, boards and authorities: Nebraska

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-COURTS-009Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (filed Nov. 3, 2020) (Ex. AGY-ST-COURTS-009)In force from Nov. 3, 2020 to Sept. 30, 2021Face-covering requirementCourts and public officesWorkplace rulesQuarantine and isolation

End of general restrictions, State of Nebraska: Termination of the statewide Directed Health Measure series announced by Governor Ricketts May 24, 2021 (DHMs ended 11:59 p.m. May 24, 2021), confirmed by DHHS COVID-19 Weekly Update of May 26, 2021: 'Nebraska does not have any statewide health directives; any recommendations made will be through an individual's local health departments' (NE-095); capacity limits on commerce had already ended with the green-phase DHMs effective January 30, 2021 (NE-026) (2021-05-24). What remained: The state of emergency (Proclamation of Mar. 13, 2020) until 11:59 p.m. June 30, 2021 (EO 21-09, NE-067); Omaha Emergency Ordinance 42309 face-covering requirement until 11:59 p.m. May 25, 2021 (NE-075); EOs 20-06, 20-09, 20-13, 20-14, 20-19, 20-21 and 20-22 until June 1, 2021 (EO 21-06, NE-066); EO 20-29 to June 30, 2021; EOs 20-08, 20-10, 20-15, 20-18, 20-37 and 21-01 to July 30, 2021; EO 20-12 to August 27, 2021; EOs 20-26 and 21-03 to at least April 30, 2022 (NE-067); then, from Aug. 26, 2021, EO 21-12's hospital capacity emergency and the Lincoln-Lancaster County indoor mask DHM (NE-068, NE-080).

Preemption of local orders, State of Nebraska: Nebraska did not bar local orders in 2020-2021. The State DHMs were ordered county by county by DHHS under Neb. Rev. Stat. section 71-502 (which commands that 'All officers and other persons shall obey and enforce such communicable disease control rules and regulations as may be adopted and promulgated by the department,' NE-099), and from April 2020 each State DHM recited that it 'does not supersede the provisions of any Directed Health Measure(s) issued by Local Health Departments, except that the Directed Health Measures contained in this order are binding and enforceable regardless of any Directed Health Measure(s) issued by Local Health Departments or municipalities' (NE-008, NE-010): the State order was a floor, and local health departments could be and were stricter. Local public health departments issued their own DHMs under section 71-501 (local boards 'shall make and enforce regulations to prevent the introduction and spread of contagious, infectious, and malignant diseases') and section 71-1630(4), the Central District cited sections 71-1626 through 71-1636 and county and city resolutions (NE-087), the East Central District cited section 71-1631(7) and regulations 'approved by the Nebraska Department of Health and Human Services' (NE-088), and Lincoln-Lancaster cited sections 71-501 and 71-1630(4)(d)(iii), Lincoln Municipal Code ch. 8.18 (section 8.18.140 closure power; section 8.18.170 city-misdemeanor penalty) and Lancaster County Resolution R-07-0035 (NE-076 to NE-079, NE-086). DHHS's own FAQ answered 'Can local governments issue their own Directed Health Measures? A: Yes, local governments can issue their own directed health measures' (NE-029). The one contested question was mask mandates: in July 2020 the Douglas County Board of Health resolved to authorize a county mask DHM, the Health Director declined on July 31, 2020 citing conflicting legal authority after the Attorney General's office questioned a county health director's power to impose one without State concurrence, and the City of Omaha therefore legislated the requirement by home-rule emergency ordinance on August 11, 2020 (NE-072, NE-097); Lincoln issued its mandate as a local DHM under city code (NE-079). No State instrument in the period suspended or voided any local order. The 2022 litigation over the Douglas County Health Director's January 2022 mask mandate and the 2026 amendments to section 71-1630 requiring elected-official approval of community-wide DHMs post-date the claim quarters and are not part of this record.

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

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):

  • NE-068 EO 21-12 (Aug. 26, 2021): 'hereby declare a hospital capacity emergency exists' and credentialing, training and supervision waivers for 27 health professions through Dec. 31, 2021
  • NE-050 EO 20-12 hospital, health-facility and telehealth waivers, in force to 11:59 p.m. Aug. 27, 2021 per EO 21-09
  • NE-047 EO 20-08 (child-care licensing waivers), NE-049 EO 20-10 (health-care workforce credentialing), EO 20-15 (health-information disclosures), NE-053 EO 20-18 (child-care network), NE-062 EO 20-37 and NE-063 EO 21-01 (credentialing and pharmacy supervision), in force to 11:59 p.m. July 30, 2021 per EO 21-09
  • EO 20-26 and EO 21-03 (unemployment claims processing), in force to at least Apr. 30, 2022 per EO 21-09 (NE-067)
  • NE-080 to NE-082, NE-106, NE-107: Lincoln-Lancaster County Health Department directed health measure requiring masks indoors countywide for everyone age two and older regardless of vaccination status, effective Aug. 26, 2021, through Sept. 30, 2021, extended to Oct. 28, then Nov. 2021 and Dec. 23, 2021 (verified_secondary)
  • NE-109: Lincoln Public Schools face-covering requirement for PreK-6 students, staff, visitors and volunteers from Aug. 9, 2021, following Lincoln-Lancaster County Health Department guidance (verified_secondary)
  • NE-032: DHHS Assisted-Living Facility Masking Guidance (July 14, 2021): masks not required for fully vaccinated residents, unvaccinated residents 'should continue wearing masks'; 'Certified nursing homes must continue to follow the CMS requirement for use of face masks within their building' (guidance reciting a binding federal rule)
  • Federal instruments in force in Nebraska (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS 29 C.F.R. 1910.502, CMS rules) catalogued by FED-A and FED-B

5. Standing duties in Nebraska

Nebraska's compulsion ran on four standing tracks that predate COVID-19 and outlasted the Directed Health Measures. First, the communicable-disease statutes: the Department of Health and Human Services holds 'supervision and control of all matters relating to necessary communicable disease control' and, in an emergency in which the health of the people of the State or any locality 'is menaced by or exposed to any contagious, infectious, or epidemic disease,' 'shall adopt, promulgate, and enforce special communicable disease control rules and regulations,' which 'All officers and other persons shall obey and enforce' (Neb. Rev. Stat. section 71-502; Ex. NE-099); the Department has 'supervision over all matters of quarantine and quarantine regulations' (section 81-601; DUT-NE-003); every local public health department 'shall make and enforce regulations to prevent the introduction and spread of contagious, infectious, and malignant diseases' and 'shall enforce and provide penalties for the violation of such rules and regulations' (section 71-501; DUT-NE-001); violation of these sections or of the rules adopted under them is a Class V misdemeanor for each offense and grounds for an injunction by the Attorney General or county attorney (section 71-506; DUT-NE-005); violation of a local board's communicable-disease rule is a Class III misdemeanor with each day a separate offense (section 71-1631.01; DUT-NE-007), and violation of a county resolution is a Class III misdemeanor punishable by up to three months and $500 with each day a separate offense (sections 23-174 and 23-114.05; DUT-NE-011, DUT-NE-012). The Department's 2007 rule, 173 NAC 6, defines a Directed Health Measure as 'any measure, whether prophylactic or remedial, intended and directed to prevent or limit the spread of communicable disease,' authorizes quarantine of 'Buildings and premises, or of defined areas, public and private,' 'work quarantine,' 'Use of PPE... at specified premises,' 'Specific infection control measures including cleaning,' and 'Such other protocols or measures as may be identified as effective against public health threats by the American Public Health Association and the... CDC or other similar public health authority,' makes every order effective immediately and an order to 'comply with the terms of the Order,' and requires law enforcement and local health personnel 'to aid the Department in enforcement of the Order' (DUT-NE-004). Every Directed Health Measure in the library recited that authority, ordered 'all persons' in the covered counties 'to comply,' and warned that 'Failure to comply with this Order will result in legal action for enforcement by civil and/or criminal remedies' (Ex. NE-002, NE-008, NE-013, NE-021, NE-026). Second, the Emergency Management Act: 'Each person within this state shall conduct himself or herself and keep and manage his or her affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public successfully to meet disasters, emergencies, or civil defense emergencies,' an obligation that 'shall include... use or restriction on the use of property' (section 81-829.57; DUT-NE-009); every emergency management organization 'shall execute and enforce such orders, rules, and regulations as may be made by the Governor' (section 81-829.64; DUT-NE-010); and the Governor may 'Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises within the area' (section 81-829.40; Ex. NE-100). The Act contains no general penalty section; Nebraska enforced its pandemic commands through the Directed Health Measures and the communicable-disease penalties, which is why the Governor's executive orders were paired with DHHS orders. Third, the workplace-safety duties: Nebraska is a federal-OSHA State, so every Nebraska employer engaged in a business affecting commerce was bound by 29 U.S.C. 654(a)(1) to furnish 'a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm' (DUT-NE-017); Nebraska's own statutes required that every factory, mill, workshop, mercantile or mechanical establishment 'or other building, where one or more persons are employed' be 'ventilated and kept in a sanitary condition' (section 48-404; DUT-NE-014) on pain of a Class II misdemeanor (section 48-424; DUT-NE-015), directed the Commissioner of Labor to adopt and enforce safety codes so that 'all employments and places of employment' provide 'reasonable and adequate protection to the lives, health and safety of all persons employed therein and frequenting the same' (section 48-412; DUT-NE-006), and, in the text in force in 2020-2021, required 'every public and private employer subject to the Nebraska Workers' Compensation Act' to 'establish a safety committee' that 'shall adopt and maintain an effective written injury prevention program' (section 48-443; DUT-NE-016). OSHA's March 2020 guidance (Ex. FED-088) is recorded as what its text says it is, 'advisory in nature,' and its legal effect in Nebraska came through the general duty clause and, from May 26, 2021, through the liability shield. Fourth, the liability shield: LB 139, approved May 25, 2021 with an emergency clause, bars any civil action for COVID-19 exposure on or after May 26, 2021 'if the act or omission alleged to violate a duty of care was in substantial compliance with any federal public health guidance that was applicable to the person, place, or activity at issue at the time of the alleged exposure,' with 'federal public health guidance' defined as CDC, CMS and OSHA guidance, written or oral (DUT-NE-019, DUT-NE-020); the Introducer's Statement of Intent describes protection for businesses 'provided that such persons follow public health guidance' (DUT-NE-021). The Legislature thereby declared compliance with the federal health guidance the standard of care for the second and third quarters of 2021. The sanitary code bound food establishments independently: a permitholder 'shall comply with the act, the rules and regulations adopted pursuant thereto, and any order of the director,' and the Director may order an establishment 'closed prior to hearing' upon 'an immediate danger to the public health, safety, or welfare' (section 81-2,273; DUT-NE-023), with violations a Class IV misdemeanor (section 81-2,290; DUT-NE-024); maintaining a nuisance 'to the injury of any part of the citizens of this state' is a Class III misdemeanor with mandatory abatement (section 28-1321; DUT-NE-022). The orders' operating conditions were commands: 'Such businesses shall require the use of masks,' 'Such businesses shall require six (6) feet of distance between patrons,' venues 'must submit a plan for reopening' that 'must be approved by the Local Public Health Department,' employers providing congregate housing 'must, at minimum, (1) post signage... (3) perform daily verbal screening and temperature checks' (Ex. NE-013, NE-021); 'Owners of Establishments shall ensure' seating, spacing and employee face protection (Ex. NE-079); any entity maintaining premises open to the public 'shall require' face coverings (Ex. NE-072, NE-079). The verbs that recommended are recorded as recommendations: 'should adhere to any State-issued guidance' and 'reminded to follow' (Ex. NE-021), 'adherence to any applicable State issued guidance is strongly recommended' (Ex. NE-026, the green-phase orders of January 30 to May 24, 2021). No Nebraska Attorney General opinion of 2020 or 2021 addressed Directed Health Measures (the opinion archive was read), and no Nebraska appellate decision of the period on business compliance was located with this session's tools.

The phase question

Whether the measures employers took beyond the four corners of the Directed Health Measures were voluntary within Notice 2021-20 Q&A-14, or were the discharge of standing duties imposed by Nebraska law and the federal Occupational Safety and Health Act.

The State's standing duties

Ex. DUT-NE-001

Neb. Rev. Stat. § 71-501

Contagious diseases; local public health department; county board of health; powers and duties

Nebraska Legislature, Nebraska (State)

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

The local public health department as defined in section 71-1626 or the county board of a county that has not established or joined in the establishment of a local public health department shall make and enforce regulations to prevent the introduction and spread of contagious, infectious, and malignant diseases in the county or counties under its jurisdiction.

Enforcement: § 71-506: Class V misdemeanor for each offense; injunction by the Attorney General or county attorney (DUT-NE-005); local penalties under § 71-501(3), § 71-1631.01 (Class III misdemeanor, each day separate; DUT-NE-007) and municipal codes (LMC § 8.18.170 as recited in Ex. NE-079)

Citation: Nebraska Legislature, Neb. Rev. Stat. § 71-501 (standing) (Ex. DUT-NE-001) Open the exhibit

Ex. DUT-NE-002

Neb. Rev. Stat. § 71-502 (cross-reference to Ex. NE-099; not re-saved)

Communicable diseases; Department of Health and Human Services; powers and duties

Nebraska Legislature, Nebraska (State)

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

in cases of emergency in which the health of the people of the entire state or any locality in the state is menaced by or exposed to any contagious, infectious, or epidemic disease... the department shall adopt, promulgate, and enforce special communicable disease control rules and regulations... All officers and other persons shall obey and enforce such... rules and regulations.

Enforcement: § 71-506 (DUT-NE-005): Class V misdemeanor for each offense; AG or county attorney injunction against 'any person or any private or public entity'

Citation: Nebraska Legislature, Neb. Rev. Stat. § 71-502 (cross-reference to Ex. NE-099; not re-saved) (standing) (Ex. DUT-NE-002) Open the exhibit

Ex. DUT-NE-003

Neb. Rev. Stat. § 81-601

Department of Health and Human Services; supervision over public health, sanitation and quarantine

Nebraska Legislature, Nebraska (State)

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

The Department of Health and Human Services shall have general supervision and control over matters relating to public health and sanitation and shall provide for examination as provided in section 81-602 and have supervision over all matters of quarantine and quarantine regulations.

Enforcement: Enforced through 173 NAC 6-009 and § 71-506 (Class V misdemeanor; injunction)

Citation: Nebraska Legislature, Neb. Rev. Stat. § 81-601 (standing) (Ex. DUT-NE-003) Open the exhibit

Ex. DUT-NE-004

173 Neb. Admin. Code ch. 6, Directed Health Measures to Prevent or Limit the Spread of Communicable Disease, Illness, or Poisoning

Title 173, Control of Communicable Disease, Chapter 6

Nebraska Department of Health and Human Services, Regulation and Licensure, Nebraska (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureWorkplace rulesQuarantine and isolationStanding dutyOperating condition
Character
statutory duty
Grade
Primary source read

Directed Health Measure means any measure, whether prophylactic or remedial, intended and directed to prevent or limit the spread of communicable disease... Orders... will order the affected person or persons to comply with the terms of the Order... In the event of noncompliance... law enforcement and other... personnel will be required to aid the Department in enforcement of the Order

Enforcement: Enforcement under 173 NAC 6-009 with § 71-502; criminal penalty § 71-506 (Class V misdemeanor per offense) and injunction; the Department may act with 'any local jurisdiction having condemnation or nuisance abatement authority' (6-004.01A)

Citation: Nebraska Department of Health and Human Services, Regulation and Licensure, 173 Neb. Admin. Code ch. 6, Directed Health Measures to Prevent or Limit the Spread of Communicable Disease, Illness, or Poisoning (standing) (Ex. DUT-NE-004) Open the exhibit

Ex. DUT-NE-005

Neb. Rev. Stat. § 71-506

Violations; penalty; enforcement

Nebraska Legislature, Nebraska (State)

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

Any person violating any of the provisions of sections 71-501 to 71-505... shall be guilty of a Class V misdemeanor for each offense... The Attorney General or the county attorney may... maintain an action... against any person or any private or public entity for violating sections 71-501 to 71-505... and the rules and regulations adopted and promulgated under such sections.

Enforcement: Injunction by the Attorney General or county attorney

Citation: Nebraska Legislature, Neb. Rev. Stat. § 71-506 (standing) (Ex. DUT-NE-005) Open the exhibit

Ex. DUT-NE-006

Neb. Rev. Stat. § 48-412

Safety appliances; codes and standards

Nebraska Legislature, Nebraska (State)

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

[the Commissioner of Labor] is directed and empowered to... enforce such safety codes... as he deems necessary, in order that all employments and places of employment shall be... so constructed, equipped, arranged, operated and maintained as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein and frequenting the same

Enforcement: § 48-414: Class II misdemeanor; Commissioner may order discontinuance of unsafe operations (title and summary read; text not saved). § 48-424: Class II misdemeanor (DUT-NE-015)

Citation: Nebraska Legislature, Neb. Rev. Stat. § 48-412 (standing) (Ex. DUT-NE-006) Open the exhibit

Ex. DUT-NE-007

Neb. Rev. Stat. § 71-1631.01

Local boards of health; rules and regulations; violations; penalty

Nebraska Legislature, Nebraska (State)

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

Any person violating any rule or regulation, authorized by the provisions of either subdivision (7) or (9) of section 71-1631, shall be guilty of a Class III misdemeanor, and each day's violation shall be considered a separate offense.

Enforcement: Class III misdemeanor; each day a separate offense

Citation: Nebraska Legislature, Neb. Rev. Stat. § 71-1631.01 (standing) (Ex. DUT-NE-007) Open the exhibit

Ex. DUT-NE-008

Neb. Rev. Stat. § 81-829.40 (cross-reference to Ex. NE-100; not re-saved)

Emergency Management Act; Governor; powers and duties

Nebraska Legislature, Nebraska (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationBusiness closureTravel and quarantine
Character
statutory authority
Grade
Primary source read

A state of emergency proclamation shall be issued by the Governor if he or she finds that a disaster, emergency, or civil defense emergency has occurred... [the Governor may] Suspend the provisions of any regulatory statute... (g) Control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises in the area

Enforcement: None in the Act (see DUT-NE-009 notes); the Governor's pandemic commands were carried into enforceable form by the Directed Health Measures

Citation: Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (cross-reference to Ex. NE-100; not re-saved) (standing) (Ex. DUT-NE-008) Open the exhibit

Ex. DUT-NE-009

Neb. Rev. Stat. § 81-829.57

Persons within the state; conduct; personal services; compensation for property; claim; file

Nebraska Legislature, Nebraska (State)

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

Each person within this state shall conduct himself or herself and keep and manage his or her affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public successfully to meet disasters, emergencies, or civil defense emergencies. This obligation shall include... restriction on the use of property

Enforcement: None stated; the Emergency Management Act contains no general penalty section (section headings 81-829.36 to 81-829.75 reviewed; only § 81-829.73, misstatements concerning financial assistance, carries one)

Citation: Nebraska Legislature, Neb. Rev. Stat. § 81-829.57 (standing) (Ex. DUT-NE-009) Open the exhibit

Ex. DUT-NE-010

Neb. Rev. Stat. § 81-829.64

Emergency management organizations; enforce orders, rules, and regulations

Nebraska Legislature, Nebraska (State)

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

Every emergency management organization established pursuant to the Emergency Management Act and the officers thereof shall execute and enforce such orders, rules, and regulations as may be made by the Governor under the act. Each such organization shall have available for inspection at its office all orders, rules, and regulations made by the Governor or under his or her authority.

Enforcement: None in the section

Citation: Nebraska Legislature, Neb. Rev. Stat. § 81-829.64 (standing) (Ex. DUT-NE-010) Open the exhibit

Ex. DUT-NE-011

Neb. Rev. Stat. § 23-174

Violations; penalty (county resolutions)

Nebraska Legislature, Nebraska (State)

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

if any person shall violate any of the provisions of any resolution adopted under the power and authority granted to county boards under section 23-174.01, 23-174.02, 23-174.03, or 23-174.10 or under sections 23-114, 23-172, and 23-173, such person shall be punished upon conviction in the same manner as for violation of section 23-114.05 in accordance with the penalties prescribed therein.

Enforcement: As § 23-114.05: Class III misdemeanor; each day after notice a separate offense (DUT-NE-012)

Citation: Nebraska Legislature, Neb. Rev. Stat. § 23-174 (standing) (Ex. DUT-NE-011) Open the exhibit

Ex. DUT-NE-012

Neb. Rev. Stat. § 23-114.05

County zoning; violations; penalty; injunction

Nebraska Legislature, Nebraska (State)

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

Any person, partnership, limited liability company, association, club, or corporation violating such sections or any regulation of the county board... shall be guilty of a Class III misdemeanor. Each day such violation continues after notice of violation has been given to the offender may be considered a separate offense.

Enforcement: Class III misdemeanor (three months or $500, as recited in Ex. NE-079); each day a separate offense; injunction

Citation: Nebraska Legislature, Neb. Rev. Stat. § 23-114.05 (standing) (Ex. DUT-NE-012) Open the exhibit

Ex. DUT-NE-013

Health Director's power to close or restrict access to any business; penalty for violating a Directed Health Measure

City of Lincoln (Lincoln Municipal Code ch. 8.18) as recited by the Lincoln-Lancaster County Health Department, Lincoln and Lancaster County, Nebraska (City)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureStanding duty
Character
order penalty
Grade
Confirmed from a secondary source

the Health Director may order the closure of, or restrict access to, any business, office, healthcare facility, school, or government agency or department for the purpose of controlling the spread of disease... Pursuant to LMC § 8.18.170, any person who is found to have violated any provision of this Order within the City of Lincoln shall be guilty of a City Misdemeanor

Enforcement: City Misdemeanor: fine up to $500, or up to six months in the county jail, or both; each day a separate offense (LMC § 8.18.170 as recited)

Citation: City of Lincoln (Lincoln Municipal Code ch. 8.18) as recited by the Lincoln-Lancaster County Health Department, Health Director's power to close or restrict access to any business; penalty for violating a Directed Health Measure (standing) (Ex. DUT-NE-013) Open the exhibit

Ex. DUT-NE-014

Neb. Rev. Stat. § 48-404

Sanitation; duty of employer

Nebraska Legislature, Nebraska (State)

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

All of the aforesaid places shall be kept clean and free from effluvia arising from any drain, privy or nuisance, and shall be ventilated and kept in a sanitary condition. The Department of Labor or any person authorized by the department may require such changes or additions to be made in any of the aforesaid places as will promote the best measures of sanitation.

Enforcement: § 48-424: Class II misdemeanor (DUT-NE-015)

Citation: Nebraska Legislature, Neb. Rev. Stat. § 48-404 (standing) (Ex. DUT-NE-014) Open the exhibit

Ex. DUT-NE-015

Neb. Rev. Stat. § 48-424

Health and safety regulations; violations; penalty

Nebraska Legislature, Nebraska (State)

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

Every person who shall violate any of the provisions of sections 48-401 to 48-423 shall be guilty of a Class II misdemeanor.

Enforcement: Class II misdemeanor

Citation: Nebraska Legislature, Neb. Rev. Stat. § 48-424 (standing) (Ex. DUT-NE-015) Open the exhibit

Ex. DUT-NE-016

Neb. Rev. Stat. § 48-443 (text in force 2020-2021)

Safety committee; when required; membership; employee rights and remedies

Nebraska Legislature, Nebraska (State)

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

(1)(a) Not later than January 1, 1994, every public and private employer subject to the Nebraska Workers' Compensation Act shall establish a safety committee. Such committee shall adopt and maintain an effective written injury prevention program. (b) A client of a professional employer organization is not relieved of its obligation to establish a safety committee

Enforcement: No criminal penalty in the section; reinstatement and lost wages for retaliation (subsection (4))

Citation: Nebraska Legislature, Neb. Rev. Stat. § 48-443 (text in force 2020-2021) (standing) (Ex. DUT-NE-016) Open the exhibit

Ex. DUT-NE-017

29 U.S.C. § 654 (2020 ed.)

Duties of employers and employees (the general duty clause)

United States Congress; enforced in Nebraska by OSHA, U.S. Department of Labor, United States (Nebraska is a federal-OSHA State with no 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.

Citation: United States Congress; enforced in Nebraska by OSHA, U.S. Department of Labor, 29 U.S.C. § 654 (2020 ed.) (standing) (Ex. DUT-NE-017) Open the exhibit

Ex. DUT-NE-018

Guidance on Preparing Workplaces for COVID-19, OSHA 3990-03 2020 (cross-reference to Ex. FED-088; not re-saved)

Guidance on Preparing Workplaces for COVID-19

Occupational Safety and Health Administration, U.S. Department of Labor, United States (all employers) (Federal)

Dates
Standing (guidance; no compliance date)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Workplace rules
Character
recommendation only
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. The recommendations are advisory in nature, informational in content, and are intended to assist employers in providing a safe and healthful workplace.

Enforcement: None of its own; the general duty clause and standards carry the penalties

Citation: Occupational Safety and Health Administration, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19, OSHA 3990-03 2020 (cross-reference to Ex. FED-088; not re-saved) (Mar. 9, 2020) (Ex. DUT-NE-018) Open the exhibit

Ex. DUT-NE-019

Legislative Bill 139 (2021), the COVID-19 Liability Act (secs. 1-4) and the Health Care Crisis Protocol Act (secs. 5-9)

A bill for an act relating to public health and welfare; to adopt the COVID-19 Liability Act; to adopt the Health Care Crisis Protocol Act; and to declare an emergency

Nebraska Legislature (One Hundred Seventh Legislature, First Session); approved by Governor Pete Ricketts, Nebraska (State)

Dates
Standing (2021-05-26 (emergency clause: 'this act takes effect when passed and approved according to law'; codified § 25-3603 fixes the date as May 26, 2021))
Quarters
2021 Q22021 Q3
Limitations
Standing dutyOperating condition
Character
liability shield condition
Grade
Primary source read

A person may not bring or maintain a civil action... from exposure or potential exposure to COVID-19 on or after the effective date of this act if the act or omission alleged to violate a duty of care was in substantial compliance with any federal public health guidance that was applicable to the person, place, or activity at issue at the time of the alleged exposure or potential exposure.

Enforcement: Loss of the immunity: a business not in substantial compliance with the applicable CDC, CMS or OSHA guidance remained exposed to suit

Citation: Nebraska Legislature (One Hundred Seventh Legislature, First Session); approved by Governor Pete Ricketts, Legislative Bill 139 (2021), the COVID-19 Liability Act (secs. 1-4) and the Health Care Crisis Protocol Act (secs. 5-9) (standing) (Ex. DUT-NE-019) Open the exhibit

Ex. DUT-NE-020

Neb. Rev. Stat. § 25-3603

Exposure or potential exposure to COVID-19; civil action; when permitted

Nebraska Legislature, Nebraska (State)

Dates
Standing (2021-05-26)
Quarters
2021 Q22021 Q3
Limitations
Standing dutyOperating condition
Character
liability shield condition
Grade
Primary source read

A person may not bring or maintain a civil action... from exposure or potential exposure to COVID-19 on or after May 26, 2021, if the act or omission alleged to violate a duty of care was in substantial compliance with any federal public health guidance that was applicable to the person, place, or activity at issue at the time of the alleged exposure or potential exposure.

Enforcement: Loss of immunity from suit

Citation: Nebraska Legislature, Neb. Rev. Stat. § 25-3603 (standing) (Ex. DUT-NE-020) Open the exhibit

Ex. DUT-NE-021

Introducer's Statement of Intent, LB 139

Introducer's Statement of Intent, LB139, One Hundred Seventh Legislature, First Session, 2021

Senator Tom Briese, principal introducer, to the Judiciary Committee (Chairperson Senator Steve Lathrop), Nebraska (State)

Dates
Standing (legislative history; no operative effect)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Operating condition
Character
legislative history
Grade
Primary source read

LB139 would provide general safe harbor and premises liability protections on potential COVID-19 lawsuits for a broad range of individuals and organizations... general business operations open to the public, churches, senior care facilities, and individual citizens provided that such persons follow public health guidance. LB139 is not intended to protect "bad actors."

Enforcement: Not applicable (legislative history)

Citation: Senator Tom Briese, principal introducer, to the Judiciary Committee (Chairperson Senator Steve Lathrop), Introducer's Statement of Intent, LB 139 (Feb. 18, 2021) (Ex. DUT-NE-021) Open the exhibit

Ex. DUT-NE-022

Neb. Rev. Stat. § 28-1321

Maintaining a nuisance; penalty; abatement or removal

Nebraska Legislature, Nebraska (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing duty
Character
sanitary code duty
Grade
Primary source read

(1) A person commits the offense of maintaining a nuisance if he erects, keeps up or continues and maintains any nuisance to the injury of any part of the citizens of this state.... (4) Maintenance of nuisances is a Class III misdemeanor. (5) The court, in case of conviction of such offense, shall order every such nuisance to be abated or removed.

Enforcement: Class III misdemeanor; mandatory order of abatement or removal

Citation: Nebraska Legislature, Neb. Rev. Stat. § 28-1321 (standing) (Ex. DUT-NE-022) Open the exhibit

Ex. DUT-NE-023

Neb. Rev. Stat. § 81-2,273

Permitholder; duties; disciplinary action; effect; hearing; reinstatement of permit

Nebraska Legislature; administered by the Nebraska Department of Agriculture, Nebraska (State)

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

(1) A holder of a permit issued under the Nebraska Pure Food Act shall comply with the act... and any order of the director... (4) A permit may be immediately suspended and the director may order the permitholder's food establishment... closed prior to hearing when: (a) The director determines an immediate danger to the public health, safety, or welfare exists

Enforcement: Probation, suspension, immediate suspension and closure prior to hearing (§ 81-2,273(2)-(4)); Class IV misdemeanor (§ 81-2,290; DUT-NE-024); stop-sale and stop-use orders (§ 81-2,287); injunction (§ 81-2,289)

Citation: Nebraska Legislature; administered by the Nebraska Department of Agriculture, Neb. Rev. Stat. § 81-2,273 (standing) (Ex. DUT-NE-023) Open the exhibit

Ex. DUT-NE-024

Neb. Rev. Stat. § 81-2,290

Violations; penalty; county attorney; duties

Nebraska Legislature, Nebraska (State)

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

(1) Any person violating any provision of the Nebraska Pure Food Act, the rules and regulations adopted pursuant to the act, or a final order of the director shall be guilty of a Class IV misdemeanor notwithstanding the existence of any other remedy at law. (2) It shall be the duty of the county attorney... to cause appropriate proceedings... to be instituted and pursued

Enforcement: Class IV misdemeanor

Citation: Nebraska Legislature, Neb. Rev. Stat. § 81-2,290 (standing) (Ex. DUT-NE-024) Open the exhibit

Ex. DUT-NE-025

Directed Health Measure Order 2020-SCHD-012 (cross-reference to Ex. NE-021; not re-saved)

Directed Health Measure Order 2020-SCHD-012 (winter re-tightening): mandatory operating conditions

Nebraska DHHS, Chief Medical Officer / Director of Public Health Gary Anthone, M.D., Nebraska (Sarpy and Cass Counties; the same text was issued for every district) (State)

Dates
Standing (2020-11-11 12:01 a.m.)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementHealth care ordersWorkplace rulesOperating condition
Character
order operating condition
Grade
Primary source read

all persons in all the aforementioned county(s) are ordered to comply:... Such businesses shall require the use of masks... for all staff, practitioners and patrons... Such businesses shall require six (6) feet of distance between patrons... Failure to comply with this Order will result in legal action for enforcement by civil and/or criminal remedies.

Enforcement: 'legal action for enforcement by civil and/or criminal remedies'; law enforcement and local health personnel 'required to aid the Department in enforcement of the Order, pursuant to 173 NAC 6 and NEB. REV. STAT. § 71-502'

Citation: Nebraska DHHS, Chief Medical Officer / Director of Public Health Gary Anthone, M.D, Directed Health Measure Order 2020-SCHD-012 (cross-reference to Ex. NE-021; not re-saved) (Nov. 9, 2020) (Ex. DUT-NE-025) Open the exhibit

Ex. DUT-NE-026

Directed Health Measure Order 2020-SCHD-012, guidance clauses (cross-reference to Ex. NE-021; not re-saved)

Directed Health Measure Order 2020-SCHD-012: guidance-adherence clauses

Nebraska DHHS, Chief Medical Officer / Director of Public Health, Nebraska (State)

Dates
Standing (2020-11-11 12:01 a.m.)
Quarters
2020 Q4
Limitations
Workplace rulesOperating condition
Character
guidance incorporated
Grade
Primary source read

Other activities... should be limited whenever possible and when allowed should adhere to any State-issued guidance.... 2. All businesses are hereby reminded to follow any COVID-19 related safety guidelines established or published by their respective professional, regulatory, or advisory associations or agencies relating to or regarding the use of personal protective equipment.

Enforcement: None attaches to these clauses of themselves

Citation: Nebraska DHHS, Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-SCHD-012, guidance clauses (cross-reference to Ex. NE-021; not re-saved) (Nov. 9, 2020) (Ex. DUT-NE-026) Open the exhibit

Ex. DUT-NE-027

Directed Health Measure Order 2020-DCHD-019 (green phase) (cross-reference to Ex. NE-026; not re-saved)

Directed Health Measure Order 2020-DCHD-019 (green phase): mandatory conditions that remained

Nebraska DHHS, Chief Medical Officer / Director of Public Health, Nebraska (Douglas County; the same text was issued for every district) (State)

Dates
Standing (2021-01-30 12:01 a.m.)
Quarters
2021 Q12021 Q2
Limitations
Gathering capWorkplace rulesQuarantine and isolationOperating condition
Character
order operating condition
Grade
Primary source read

all persons in all the aforementioned county(s) are ordered to comply:... [venues of 500 or] more individuals must submit a "plan for reopening" to the applicable Local Public Health Department BEFORE reopening... All plans must be approved by the Local Public Health Department... Failure to comply with this Order will result in legal action for enforcement by civil and/or criminal remedies.

Enforcement: 'legal action for enforcement by civil and/or criminal remedies'; law enforcement and local health personnel required to aid enforcement under 173 NAC 6 and § 71-502

Citation: Nebraska DHHS, Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-DCHD-019 (green phase) (cross-reference to Ex. NE-026; not re-saved) (Jan. 29, 2021) (Ex. DUT-NE-027) Open the exhibit

Ex. DUT-NE-028

Directed Health Measure Order 2020-DCHD-019 (green phase), guidance clauses (cross-reference to Ex. NE-026; not re-saved)

Directed Health Measure Order 2020-DCHD-019 (green phase): 'strongly recommended' clauses

Nebraska DHHS, Chief Medical Officer / Director of Public Health, Nebraska (State)

Dates
Standing (2021-01-30 12:01 a.m.)
Quarters
2021 Q12021 Q2
Limitations
Operating condition
Character
recommendation only
Grade
Primary source read

For restaurants, bars, taverns, bowling alleys, private clubs, bottle clubs, and gentleman clubs...: adherence to any applicable State issued guidance is strongly recommended.... indoor businesses where staff and patrons are within six (6) feet of each other for fifteen (15) consecutive minutes or more: adherence to any applicable State issued guidance is strongly recommended.

Enforcement: None attaches to these clauses

Citation: Nebraska DHHS, Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-DCHD-019 (green phase), guidance clauses (cross-reference to Ex. NE-026; not re-saved) (Jan. 29, 2021) (Ex. DUT-NE-028) Open the exhibit

Ex. DUT-NE-029

Directed Health Measure Order 2020-NEHD-002 (Phase II) (cross-reference to Ex. NE-013; not re-saved)

Directed Health Measure Order 2020-NEHD-002 (Phase II): occupancy, distancing and employer-housing screening conditions

Nebraska DHHS, Chief Medical Officer / Director of Public Health, Nebraska (Northeast Nebraska district; the Phase II text was issued statewide in district orders) (State)

Dates
Standing (2020-06-01 12:00 a.m.)
Quarters
2020 Q2
Limitations
Capacity limitGathering capFace-covering requirementTravel and quarantineWorkplace rulesQuarantine and isolationOperating condition
Character
order operating condition
Grade
Primary source read

Restaurants, bars, taverns... shall be restricted to no more than fifty percent (50%) of the rated occupancy maximum at a time.... Any employer required by law to provide housing to an employee or worker and who provides congregate or shared housing to employees or workers, must, at minimum, (1) post signage... (3) perform daily verbal screening and temperature checks

Enforcement: 'Failure to comply with this Order will result in legal action for enforcement by civil and/or criminal remedies'

Citation: Nebraska DHHS, Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-NEHD-002 (Phase II) (cross-reference to Ex. NE-013; not re-saved) (May 29, 2020) (Ex. DUT-NE-029) Open the exhibit

Ex. DUT-NE-030

Lincoln-Lancaster County Directed Health Measures 2020-07 (cross-reference to Ex. NE-079; not re-saved)

Directed Health Measures 2020-07: duties of establishment owners and of every entity maintaining premises open to the public

Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln and Lancaster County, Nebraska (County)

Dates
Standing (2020-07-20 12:01 a.m.)
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirementWorkplace rulesOperating condition
Character
order operating condition
Grade
Primary source read

Owners of Establishments shall ensure: a. Patrons/parties are seated at individual tables... a minimum of six (6) feet apart... d. Establishment Employees shall wear face protection that covers the mouth and nose... 10) Any individual or entity which maintains premises open to the general public... shall require all individuals age (five) 5 and older

Enforcement: LMC § 8.18.170 (City Misdemeanor, up to $500 or six months, each day separate); § 23-174 (Class III misdemeanor outside Lincoln); injunctive proceedings and nuisance abatement by the City or County Attorney (DUT-NE-011 to DUT-NE-013)

Citation: Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln-Lancaster County Directed Health Measures 2020-07 (cross-reference to Ex. NE-079; not re-saved) (July 17, 2020) (Ex. DUT-NE-030) Open the exhibit

Ex. DUT-NE-031

Emergency Ordinance No. 42309, Prevention of COVID-19 (cross-reference to Ex. NE-072; not re-saved)

Duty of every entity maintaining premises open to the public to require face coverings

Omaha City Council (emergency ordinance), approved by Mayor Jean Stothert, City of Omaha, Nebraska (City)

Dates
Standing (2020-08-11 (immediately upon passage))
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementOperating condition
Character
order operating condition
Grade
Confirmed from a secondary source

Any individual or entity which maintains premises that are open to the general public... shall require all individuals age five (5) and older to wear a face covering over their mouth and nose while indoors in said premises... Sec. 12-49. Any individual or person who is found to have violated any of the provisions of this Article shall be guilty of a misdemeanor for each offense

Enforcement: Misdemeanor, fine up to $100 per instance (sec. 12-49); injunctive relief and abatement by the City Attorney (sec. 12-50)

Citation: Omaha City Council (emergency ordinance), approved by Mayor Jean Stothert, Emergency Ordinance No. 42309, Prevention of COVID-19 (cross-reference to Ex. NE-072; not re-saved) (Aug. 11, 2020) (Ex. DUT-NE-031) Open the exhibit

Ex. DUT-NE-032

COVID-19 Directed Health Measures FAQ (cross-reference to Ex. NE-029; not re-saved)

DHHS COVID-19 Directed Health Measures Frequently Asked Questions

Nebraska Department of Health and Human Services, Nebraska (State)

Dates
Standing
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Operating conditionOther
Character
guidance incorporated
Grade
Primary source read

Q: Is there guidance that explains how to comply with the requirements of Directed Health Measures? A: Yes, the DHHS web site includes reopening guidelines that explain how to comply with specific requirements of the Directed Health Measures.... DHHS... considers directives and guidelines issued by the CDC and other public health authorities.

Enforcement: Not applicable (explanatory); the DHMs' remedies apply

Citation: Nebraska Department of Health and Human Services, COVID-19 Directed Health Measures FAQ (cross-reference to Ex. NE-029; not re-saved) (July 30, 2020) (Ex. DUT-NE-032) Open the exhibit

Ex. DUT-NE-033

Directed Health Measure Order 2020-009 (statewide) (cross-reference to Ex. NE-008; not re-saved)

Directed Health Measure Order 2020-009: the first statewide order and its compliance command

Nebraska DHHS, Chief Medical Officer / Director of Public Health Gary Anthone, M.D., Nebraska (statewide) (State)

Dates
Standing (2020-04-03 (effective immediately); schools statewide to May 31, 2020)
Quarters
2020 Q2
Limitations
Business closureGathering capSchools and child careHealth care ordersQuarantine and isolationOperating condition
Character
order operating condition
Grade
Confirmed from a secondary source

Gatherings are hereby prohibited... Elective medical and dental surgeries and elective medical and dental procedures are hereby prohibited... All schools; public, private and parochial: are hereby ordered to cease all in-person instruction... Failure to comply with this Order will result in legal action for enforcement by civil and/or criminal remedies.

Enforcement: 'legal action for enforcement by civil and/or criminal remedies'; law enforcement and local health personnel required to aid enforcement under 173 NAC 6 and § 71-502

Citation: Nebraska DHHS, Chief Medical Officer / Director of Public Health Gary Anthone, M.D, Directed Health Measure Order 2020-009 (statewide) (cross-reference to Ex. NE-008; not re-saved) (Apr. 3, 2020) (Ex. DUT-NE-033) 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 Nebraska 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 281 instruments in force for this selection: 47 instruments from the State of Nebraska (Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-NCHD-001 (Apr. 30, 2020) (Ex. NE-011); Douglas County Health Department, Health Director Adi Pour, Ph.D, Douglas County Directed Health Measure of March 18, 2020 (and salon closure order of March 24, 2020) (Mar. 18, 2020) (Ex. NE-070); Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-001 (Mar. 19, 2020) (Ex. NE-002); and 44 more), 6 instruments from the agencies, boards and authorities of Nebraska (Nebraska Department of Correctional Services (Director Scott R. Frakes), NDCS 'Coronavirus Health Update' page (as archived Apr. 11, 2020) (Mar. 16, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-076); Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (No. S-20-247) (Mar. 12, 2020) (Ex. AGY-ST-COURTS-007); Governor Pete Ricketts, Executive Order No. 20-05 (Mar. 19, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-006); and 3 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 49 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 47 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: GATH (Ex. NE-070); DR (Ex. NE-003); BA (Ex. NE-003); CB (Ex. NE-003); SX (Ex. NE-004); WF (Ex. NE-002); PR (Ex. NE-004); WF workforce (Ex. NE-007); SL (Ex. NE-010); EC (Ex. NE-012).

Step three, the change compelled. Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-NCHD-001 (Apr. 30, 2020) (Ex. NE-011) ordered: "food and beverage sales at restaurants, bars, taverns, private clubs, and any dine-in establishments are allowed, but restricted to no more than 50% of the rated occupancy maximum at a time. Dining party(s) must be seated at individual tables (counter or bar seating is prohibited), dining party(s)…" Enforcement: DHHS formula Douglas County Health Department, Health Director Adi Pour, Ph.D, Douglas County Directed Health Measure of March 18, 2020 (and salon closure order of March 24, 2020) (Mar. 18, 2020) (Ex. NE-070) ordered: "Beauty salons, nail salons, tattoo parlors, massage parlors must cease operations [Husch summary of the Mar. 24, 2020 order]; DHM 2020-001 recites that it 'does not supersede the provisions of the March 18, 2020 Order issued by Douglas County Nebraska' (NE-002)" Enforcement: Local DHM; enforced with law enforcement aid Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-001 (Mar. 19, 2020) (Ex. NE-002) ordered: "Gatherings are hereby prohibited; A gathering is defined as any event or convening that brings together more than ten (10) patrons, customers or other invitees, excluding staff, in a single room or single space at the same time, including but not limited to, a school, daycare facility (including…" Enforcement: 'Failure to comply with this Order will result in legal action for enforcement by civil and/or criminal remedies. In the event of noncompliance with the terms… 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. Directed Health Measure Order 2020-NCHD-001 (Ex. NE-011) was in force from May 4, 2020 to May 31, 2020, 28 of the quarter's 110 days; Douglas County Directed Health Measure of March 18, 2020 (and salon closure order of March… (Ex. NE-070) was in force from Mar. 18, 2020 to June 30, 2020, 105 of the quarter's 110 days; Directed Health Measure Order 2020-001 (Ex. NE-002) was in force from Mar. 19, 2020 to Apr. 30, 2020, 43 of the quarter's 110 days. Of the 53 instruments in the quarter's record, 5 were in force on its first day, 36 on its last day and 3 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 259 instruments in force for this selection: 38 instruments from the State of Nebraska (Nebraska DHHS, Outline of Changes to Upcoming DHMs Phase III (updated July 13, 2020) (June 16, 2020) (Ex. NE-014); Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-005 (July 2, 2020) (Ex. NE-016); Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln-Lancaster County Directed Health Measures 2020-07 (July 17, 2020) (Ex. NE-079); and 35 more), 4 instruments from the agencies, boards and authorities of Nebraska (Nebraska Department of Correctional Services (Director Scott R. Frakes), NDCS 'Coronavirus Health Update' page (as archived Apr. 11, 2020) (Mar. 16, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-076); Governor Pete Ricketts, Executive Order No. 20-05 (Mar. 19, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-006); Governor Pete Ricketts, Executive Order No. 20-13 (Apr. 1, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-046); and 1 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 54 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 52 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: GATH (Ex. NE-014); MC (Ex. NE-016); DR (Ex. NE-016); SL (Ex. NE-016); WF (Ex. NE-017); CB (Ex. AGY-ST-DMV-SOS-RECORDERS-006); FP employer housing (Ex. NE-016); WF isolation and quarantine (Ex. NE-016); EC (Ex. NE-016); EC 15/20/24/30 (Ex. NE-014).

Step three, the change compelled. Nebraska DHHS, Outline of Changes to Upcoming DHMs Phase III (updated July 13, 2020) (June 16, 2020) (Ex. NE-014) ordered: "INDOOR Gatherings will be limited to 50% of rated occupancy (not to exceed 10,000). OUTDOOR Gatherings will be limited to 75% of rated occupancy (not to exceed 10,000).... Groups shall be no larger than eight (8) individuals.... Parades, carnivals, midways, dances and street dances, and beer gardens…" Enforcement: Implemented through the district DHMs (NE-016, NE-017) Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-005 (July 2, 2020) (Ex. NE-016) ordered: "Gatherings are restricted to: fifty percent (50%) for an indoor facility's applicable rated occupancy (excluding staff) or seventy-five percent (75%) for outdoor facility of the applicable rated occupancy (excluding staff). No gathering may exceed 10,000 individuals. Any one party at a gathering may…" Enforcement: DHHS formula Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln-Lancaster County Directed Health Measures 2020-07 (July 17, 2020) (Ex. NE-079) ordered: "10) Any individual or entity which maintains premises open to the general public, including but not limited to educational institutions, shall require all individuals age (five) 5 and older to wear a face covering over their mouth and nose while indoors unless the individual maintains at least 6…" Enforcement: 'Failure to comply with this Order will result in legal action for enforcement by civil and/or criminal remedies. Pursuant to LMC § 8.18.170, any person who is… 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. Outline of Changes to Upcoming DHMs Phase III (updated July 13, 2020) (Ex. NE-014) was in force from June 22, 2020 to Sept. 13, 2020, 75 of the quarter's 92 days; Directed Health Measure Order 2020-LLHD-005 (Ex. NE-016) was in force from July 6, 2020 to July 31, 2020, 26 of the quarter's 92 days; Lincoln-Lancaster County Directed Health Measures 2020-07 (Ex. NE-079) was in force from July 20, 2020 to Aug. 31, 2020, 43 of the quarter's 92 days. Of the 42 instruments in the quarter's record, 25 were in force on its first day, 28 on its last day and 17 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the fourth quarter of 2020 the Library holds 261 instruments in force for this selection: 38 instruments from the State of Nebraska (Nebraska DHHS, Outline of Changes to Upcoming DHMs Phase IV (June 16, 2020) (Ex. NE-015); Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-009 (Sept. 11, 2020) (Ex. NE-018); Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DCHD-008 (Sept. 11, 2020) (Ex. NE-037); and 35 more), 4 instruments from the agencies, boards and authorities of Nebraska (Nebraska Department of Correctional Services (Director Scott R. Frakes), NDCS 'Coronavirus Health Update' page (as archived Apr. 11, 2020) (Mar. 16, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-076); Governor Pete Ricketts, Executive Order No. 20-13 (Apr. 1, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-046); Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (June 30, 2020) (Ex. AGY-ST-COURTS-010); and 1 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 59 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 57 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: DR (Ex. NE-086); GATH (Ex. NE-015); MC (Ex. NE-015); SX (Ex. NE-023); FP employer housing (Ex. NE-018); GATH 25 percent (Ex. NE-020); BA (Ex. NE-023); CB (Ex. AGY-ST-DMV-SOS-RECORDERS-046); FC (Ex. NE-020); SL (Ex. NE-086).

Step three, the change compelled. Nebraska DHHS, Outline of Changes to Upcoming DHMs Phase IV (June 16, 2020) (Ex. NE-015) ordered: "INDOOR Gatherings will be limited to 75% of rated occupancy. OUTDOOR Gatherings 100% of rated occupancy.... Plans for reopening or expanding to new capacity limits must be submitted to the local health departments and approved for all indoor and outdoor locations/venues that hold 500 or more…" Enforcement: Implemented through the district DHMs (NE-037, NE-038, NE-039) Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-009 (Sept. 11, 2020) (Ex. NE-018) ordered: "Gatherings are restricted to: seventy-five percent (75%) for an indoor facility's applicable rated occupancy (excluding staff) or one-hundred percent (100%) for an outdoor facility of the applicable rated occupancy." Enforcement: DHHS formula Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DCHD-008 (Sept. 11, 2020) (Ex. NE-037) ordered: "Gatherings are restricted to: seventy-five percent (75%) for an indoor facility's applicable rated occupancy (excluding staff) or one-hundred percent (100%) for an outdoor facility of the applicable rated occupancy." Enforcement: DHHS formula 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. Outline of Changes to Upcoming DHMs Phase IV (Ex. NE-015) was in force from Aug. 1, 2020 to Oct. 20, 2020, 20 of the quarter's 92 days; Directed Health Measure Order 2020-LLHD-009 (Ex. NE-018) was in force from Sept. 14, 2020 to Oct. 31, 2020, 31 of the quarter's 92 days; Directed Health Measure Order 2020-DCHD-008 (Ex. NE-037) was in force from Sept. 14, 2020 to Oct. 31, 2020, 31 of the quarter's 92 days. Of the 42 instruments in the quarter's record, 23 were in force on its first day, 26 on its last day and 15 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 257 instruments in force for this selection: 26 instruments from the State of Nebraska (Nebraska DHHS, Phased Public Health Restrictions Tied to Coronavirus Hospitalization Rate (DHM Measure Table) (Nov. 13, 2020) (Ex. NE-023); KLKN-TV report of the Lincoln-Lancaster County Health Department DHM effective Dec. 18, 2020, KLKN, 'New DHMs start Friday, bars to open' (Dec. 17, 2020) (Ex. NE-084); Nebraska DHHS, DHHS COVID-19 Weekly Update, Jan. 27, 2021 (Ex. NE-092); and 23 more), 2 instruments from the agencies, boards and authorities of Nebraska (Governor Pete Ricketts, Executive Order No. 20-13 (Apr. 1, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-046); Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (filed Nov. 3, 2020) (Ex. AGY-ST-COURTS-009)), 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 54 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 52 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: DR (Ex. NE-023); BA (Ex. NE-023); CB (Ex. AGY-ST-DMV-SOS-RECORDERS-046); CT (Ex. NE-061); EC (Ex. NE-023); FC (Ex. NE-023); OW (Ex. NE-061); PM (Ex. NE-061); SL (Ex. NE-023); SX (Ex. NE-023).

Step three, the change compelled. Nebraska DHHS, Phased Public Health Restrictions Tied to Coronavirus Hospitalization Rate (DHM Measure Table) (Nov. 13, 2020) (Ex. NE-023) ordered: "Hospital Bed Thresholds - 10% 15% 20% 25% Percent COVID-19 Inpatients of 14 day rolling average of staffed beds... Indoor Gatherings [green] No restrictions [blue] 75%; guidance remains and is recommended [yellow] 50%, Parties of 8 [orange] 25%, Parties of 8, 6 ft Separation between households [red]…" Enforcement: Implemented through the district DHMs KLKN-TV report of the Lincoln-Lancaster County Health Department DHM effective Dec. 18, 2020, KLKN, 'New DHMs start Friday, bars to open' (Dec. 17, 2020) (Ex. NE-084) ordered: "Bars not selling food resumed on-site alcohol sales, 'ending their closure'; indoor gatherings 25 percent of rated occupancy (maximum 2,000) and outdoor 25 percent (maximum 4,000); bars and restaurants 50 percent; parties of eight, six feet apart; alcohol service cutoff 10:45 p.m. and closure at 11…" Enforcement: As the local DHMs Nebraska DHHS, DHHS COVID-19 Weekly Update, Jan. 27, 2021 (Ex. NE-092) ordered: "Nebraska has maintained the blue threshold status since late December, with 'indoor gatherings restricted to 75% of capacity'... 'If hospitalizations continue to remain below the 10% threshold, DHMs could be relaxed this weekend.'... 'Anyone who may have been exposed to COVID-19 should quarantine…" Enforcement: Describes binding DHMs 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. Phased Public Health Restrictions Tied to Coronavirus Hospitalization Rate (DHM Measure… (Ex. NE-023) was in force from Nov. 14, 2020 to May 24, 2021, 90 of the quarter's 90 days; KLKN, 'New DHMs start Friday, bars to open' (Dec. 17, 2020) (Ex. NE-084) was in force from Dec. 18, 2020 to Jan. 15, 2021, 15 of the quarter's 90 days; DHHS COVID-19 Weekly Update, Jan. 27, 2021 (Ex. NE-092) was in force from Jan. 27, 2021 to Mar. 31, 2021, 64 of the quarter's 90 days. Of the 28 instruments in the quarter's record, 20 were in force on its first day, 22 on its last day and 17 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 258 instruments in force for this selection: 30 instruments from the State of Nebraska (Nebraska DHHS, Phased Public Health Restrictions Tied to Coronavirus Hospitalization Rate (DHM Measure Table) (Nov. 13, 2020) (Ex. NE-023); Governor Pete Ricketts, Executive Order 21-02 (Jan. 11, 2021) (Ex. NE-064); Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-WCHD-023 (Mar. 15, 2021) (Ex. NE-028); and 27 more), 2 instruments from the agencies, boards and authorities of Nebraska (Governor Pete Ricketts, Executive Order No. 20-13 (Apr. 1, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-046); Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (filed Nov. 3, 2020) (Ex. AGY-ST-COURTS-009)), 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 61 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 59 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: DR (Ex. NE-023); WF (Ex. NE-094); BA (Ex. NE-023); CB (Ex. AGY-ST-DMV-SOS-RECORDERS-046); EC (Ex. NE-023); end-of-restrictions evidence (Ex. NE-108); FC (Ex. NE-023); HR (Ex. NE-062); IC (Ex. NE-049); SL (Ex. NE-023).

Step three, the change compelled. Nebraska DHHS, Phased Public Health Restrictions Tied to Coronavirus Hospitalization Rate (DHM Measure Table) (Nov. 13, 2020) (Ex. NE-023) ordered: "Hospital Bed Thresholds - 10% 15% 20% 25% Percent COVID-19 Inpatients of 14 day rolling average of staffed beds... Indoor Gatherings [green] No restrictions [blue] 75%; guidance remains and is recommended [yellow] 50%, Parties of 8 [orange] 25%, Parties of 8, 6 ft Separation between households [red]…" Enforcement: Implemented through the district DHMs Governor Pete Ricketts, Executive Order 21-02 (Jan. 11, 2021) (Ex. NE-064) ordered: "1. Executive Order No. 20-36, which is currently scheduled to end on January 31, 2021, shall remain in effect through April 30, 2021; and 2. The identical statutory waivers and conditions contained within Executive Order No. 20-36 shall continue through April 30, 2021." Enforcement: Waiver Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-WCHD-023 (Mar. 15, 2021) (Ex. NE-028) ordered: "Gathering occupancy for indoor and outdoor facilities are not restricted, however indoor venues must submit a 'plan for reopening' prior to reopening.... By April 1 2021, CVPs must use the state designated COVID-19 vaccine registration and scheduling software tool.... COVID-19 vaccines received…" Enforcement: DHHS formula; supersedes Orders 2020-001 to 2020-011 and WCHD-001 to WCHD-022 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. Phased Public Health Restrictions Tied to Coronavirus Hospitalization Rate (DHM Measure… (Ex. NE-023) was in force from Nov. 14, 2020 to May 24, 2021, 54 of the quarter's 91 days; Executive Order 21-02 (Ex. NE-064) was in force from Jan. 11, 2021 to Apr. 30, 2021, 30 of the quarter's 91 days; Directed Health Measure Order 2020-WCHD-023 (Ex. NE-028) was in force from Mar. 16, 2021 to Apr. 30, 2021, 30 of the quarter's 91 days. Of the 32 instruments in the quarter's record, 22 were in force on its first day, 20 on its last day and 13 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the third quarter of 2021 the Library holds 236 instruments in force for this selection: 17 instruments from the State of Nebraska (Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (Mar. 13, 2020) (Ex. NE-100); Nebraska Legislature, Neb. Rev. Stat. § 71-502 (Mar. 19, 2020) (Ex. NE-099); Governor Pete Ricketts, Executive Order 20-08 (Mar. 26, 2020) (Ex. NE-047); and 14 more), 1 instrument from the agencies, boards and authorities of Nebraska (Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (filed Nov. 3, 2020) (Ex. AGY-ST-COURTS-009)), 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 51 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 49 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: IC (Ex. NE-049); WF (Ex. NE-053); EC (Ex. NE-053); HR (Ex. NE-062); WF workforce (Ex. NE-047); authority basis (Ex. NE-100); see NE-089 (Ex. NE-080); CB (Ex. NE-089); CB State agency clients (Ex. NE-065); CL vaccination clinics (Ex. NE-063).

Step three, the change compelled. Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (Mar. 13, 2020) (Ex. NE-100) ordered: "A state of emergency proclamation shall be issued by the Governor if he or she finds that a disaster, emergency, or civil defense emergency has occurred... [the Governor may] Suspend the provisions of any regulatory statute... control ingress and egress to and from a disaster area... The…" Enforcement: Statutory basis of the Mar. 13, 2020 proclamation and every executive order Nebraska Legislature, Neb. Rev. Stat. § 71-502 (Mar. 19, 2020) (Ex. NE-099) ordered: "in cases of emergency in which the health of the people of the entire state or any locality in the state is menaced by or exposed to any contagious, infectious, or epidemic disease, illness, or poisoning... the department shall adopt, promulgate, and enforce special communicable disease control…" Enforcement: Statutory command of obedience and enforcement; the DHMs' cited authority Governor Pete Ricketts, Executive Order 20-08 (Mar. 26, 2020) (Ex. NE-047) ordered: "WHEREAS, recommendations to slow the spread of this disease include limiting the number of children in each room in daycare and child care facilities to ten or fewer; WHEREAS, numerous licensed child care facilities have had to limit the number of children they serve in order to adhere to the ten…" Enforcement: Waiver of licensing statutes conditioned on background checks and distancing 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. Neb. Rev. Stat. § 81-829.40 (Ex. NE-100) was in force from Mar. 13, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Neb. Rev. Stat. § 71-502 (Ex. NE-099) was in force from Mar. 19, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Executive Order 20-08 (Ex. NE-047) was in force from Mar. 26, 2020 to July 30, 2021, 30 of the quarter's 92 days. Of the 18 instruments in the quarter's record, 12 were in force on its first day, 11 on its last day and 6 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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: 448 records, of which The COVID Project holds the document for 435. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

ExhibitInstrumentIssuerDateCitationRecord URLExhibit file
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-076NDCS 'Coronavirus Health Update' page (as archived Apr. 11, 2020)Nebraska Department of Correctional Services (Director Scott R. Frakes)Mar. 16, 2020Nebraska Department of Correctional Services (Director Scott R. Frakes), NDCS 'Coronavirus Health Update' page (as archived Apr. 11, 2020) (Mar. 16, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-076)/library/AGY-ST-CORRECTIONS-EMA-GUARD-076/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-076
Ex. AGY-ST-COURTS-007Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (No. S-20-247)Chief Justice Michael G. Heavican, Nebraska Supreme CourtMar. 12, 2020Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (No. S-20-247) (Mar. 12, 2020) (Ex. AGY-ST-COURTS-007)/library/AGY-ST-COURTS-007/exhibit/AGY-ST-COURTS-007
Ex. AGY-ST-COURTS-008Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (second order)Chief Justice Michael G. Heavican, Nebraska Supreme CourtApr. 6, 2020Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (second order) (Apr. 6, 2020) (Ex. AGY-ST-COURTS-008)/library/AGY-ST-COURTS-008/exhibit/AGY-ST-COURTS-008
Ex. AGY-ST-COURTS-009Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (filed Nov. 3, 2020)Chief Justice Michael G. Heavican, Nebraska Supreme CourtNov. 3, 2020Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (filed Nov. 3, 2020) (Ex. AGY-ST-COURTS-009)/library/AGY-ST-COURTS-009/exhibit/AGY-ST-COURTS-009
Ex. AGY-ST-COURTS-010Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (June 30, 2020)Chief Justice Michael G. Heavican, Nebraska Supreme CourtJune 30, 2020Chief Justice Michael G. Heavican, Nebraska Supreme Court, Administrative Order of the Chief Justice, In re Novel Coronavirus and COVID-19 Disease (June 30, 2020) (Ex. AGY-ST-COURTS-010)/library/AGY-ST-COURTS-010/exhibit/AGY-ST-COURTS-010
Ex. AGY-ST-DMV-SOS-RECORDERS-006Executive Order No. 20-05Governor Pete RickettsMar. 19, 2020Governor Pete Ricketts, Executive Order No. 20-05 (Mar. 19, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-006)/library/AGY-ST-DMV-SOS-RECORDERS-006/exhibit/AGY-ST-DMV-SOS-RECORDERS-006
Ex. AGY-ST-DMV-SOS-RECORDERS-046Executive Order No. 20-13Governor Pete RickettsApr. 1, 2020Governor Pete Ricketts, Executive Order No. 20-13 (Apr. 1, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-046)/library/AGY-ST-DMV-SOS-RECORDERS-046/exhibit/AGY-ST-DMV-SOS-RECORDERS-046
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-NE-001Neb. Rev. Stat. § 71-501Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 71-501 (standing) (Ex. DUT-NE-001)/library/DUT-NE-001/exhibit/DUT-NE-001
Ex. DUT-NE-002Neb. Rev. Stat. § 71-502 (cross-reference to Ex. NE-099; not re-saved)Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 71-502 (cross-reference to Ex. NE-099; not re-saved) (standing) (Ex. DUT-NE-002)/library/DUT-NE-002/exhibit/DUT-NE-002
Ex. DUT-NE-003Neb. Rev. Stat. § 81-601Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 81-601 (standing) (Ex. DUT-NE-003)/library/DUT-NE-003/exhibit/DUT-NE-003
Ex. DUT-NE-004173 Neb. Admin. Code ch. 6, Directed Health Measures to Prevent or Limit the Spread of Communicable Disease, Illness, or PoisoningNebraska Department of Health and Human Services, Regulation and LicensurestandingNebraska Department of Health and Human Services, Regulation and Licensure, 173 Neb. Admin. Code ch. 6, Directed Health Measures to Prevent or Limit the Spread of Communicable Disease, Illness, or Poisoning (standing) (Ex. DUT-NE-004)/library/DUT-NE-004/exhibit/DUT-NE-004
Ex. DUT-NE-005Neb. Rev. Stat. § 71-506Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 71-506 (standing) (Ex. DUT-NE-005)/library/DUT-NE-005/exhibit/DUT-NE-005
Ex. DUT-NE-006Neb. Rev. Stat. § 48-412Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 48-412 (standing) (Ex. DUT-NE-006)/library/DUT-NE-006/exhibit/DUT-NE-006
Ex. DUT-NE-007Neb. Rev. Stat. § 71-1631.01Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 71-1631.01 (standing) (Ex. DUT-NE-007)/library/DUT-NE-007/exhibit/DUT-NE-007
Ex. DUT-NE-008Neb. Rev. Stat. § 81-829.40 (cross-reference to Ex. NE-100; not re-saved)Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 81-829.40 (cross-reference to Ex. NE-100; not re-saved) (standing) (Ex. DUT-NE-008)/library/DUT-NE-008/exhibit/DUT-NE-008
Ex. DUT-NE-009Neb. Rev. Stat. § 81-829.57Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 81-829.57 (standing) (Ex. DUT-NE-009)/library/DUT-NE-009/exhibit/DUT-NE-009
Ex. DUT-NE-010Neb. Rev. Stat. § 81-829.64Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 81-829.64 (standing) (Ex. DUT-NE-010)/library/DUT-NE-010/exhibit/DUT-NE-010
Ex. DUT-NE-011Neb. Rev. Stat. § 23-174Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 23-174 (standing) (Ex. DUT-NE-011)/library/DUT-NE-011/exhibit/DUT-NE-011
Ex. DUT-NE-012Neb. Rev. Stat. § 23-114.05Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 23-114.05 (standing) (Ex. DUT-NE-012)/library/DUT-NE-012/exhibit/DUT-NE-012
Ex. DUT-NE-013Health Director's power to close or restrict access to any business; penalty for violating a Directed Health MeasureCity of Lincoln (Lincoln Municipal Code ch. 8.18) as recited by the Lincoln-Lancaster County Health DepartmentstandingCity of Lincoln (Lincoln Municipal Code ch. 8.18) as recited by the Lincoln-Lancaster County Health Department, Health Director's power to close or restrict access to any business; penalty for violating a Directed Health Measure (standing) (Ex. DUT-NE-013)/library/DUT-NE-013/exhibit/DUT-NE-013
Ex. DUT-NE-014Neb. Rev. Stat. § 48-404Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 48-404 (standing) (Ex. DUT-NE-014)/library/DUT-NE-014/exhibit/DUT-NE-014
Ex. DUT-NE-015Neb. Rev. Stat. § 48-424Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 48-424 (standing) (Ex. DUT-NE-015)/library/DUT-NE-015/exhibit/DUT-NE-015
Ex. DUT-NE-016Neb. Rev. Stat. § 48-443 (text in force 2020-2021)Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 48-443 (text in force 2020-2021) (standing) (Ex. DUT-NE-016)/library/DUT-NE-016/exhibit/DUT-NE-016
Ex. DUT-NE-01729 U.S.C. § 654 (2020 ed.)United States Congress; enforced in Nebraska by OSHA, U.S. Department of LaborstandingUnited States Congress; enforced in Nebraska by OSHA, U.S. Department of Labor, 29 U.S.C. § 654 (2020 ed.) (standing) (Ex. DUT-NE-017)/library/DUT-NE-017/exhibit/DUT-NE-017
Ex. DUT-NE-018Guidance on Preparing Workplaces for COVID-19, OSHA 3990-03 2020 (cross-reference to Ex. FED-088; not re-saved)Occupational Safety and Health Administration, U.S. Department of LaborstandingOccupational Safety and Health Administration, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19, OSHA 3990-03 2020 (cross-reference to Ex. FED-088; not re-saved) (Mar. 9, 2020) (Ex. DUT-NE-018)/library/DUT-NE-018/exhibit/DUT-NE-018
Ex. DUT-NE-019Legislative Bill 139 (2021), the COVID-19 Liability Act (secs. 1-4) and the Health Care Crisis Protocol Act (secs. 5-9)Nebraska Legislature (One Hundred Seventh Legislature, First Session); approved by Governor Pete RickettsstandingNebraska Legislature (One Hundred Seventh Legislature, First Session); approved by Governor Pete Ricketts, Legislative Bill 139 (2021), the COVID-19 Liability Act (secs. 1-4) and the Health Care Crisis Protocol Act (secs. 5-9) (standing) (Ex. DUT-NE-019)/library/DUT-NE-019/exhibit/DUT-NE-019
Ex. DUT-NE-020Neb. Rev. Stat. § 25-3603Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 25-3603 (standing) (Ex. DUT-NE-020)/library/DUT-NE-020/exhibit/DUT-NE-020
Ex. DUT-NE-021Introducer's Statement of Intent, LB 139Senator Tom Briese, principal introducer, to the Judiciary Committee (Chairperson Senator Steve Lathrop)standingSenator Tom Briese, principal introducer, to the Judiciary Committee (Chairperson Senator Steve Lathrop), Introducer's Statement of Intent, LB 139 (Feb. 18, 2021) (Ex. DUT-NE-021)/library/DUT-NE-021/exhibit/DUT-NE-021
Ex. DUT-NE-022Neb. Rev. Stat. § 28-1321Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 28-1321 (standing) (Ex. DUT-NE-022)/library/DUT-NE-022/exhibit/DUT-NE-022
Ex. DUT-NE-023Neb. Rev. Stat. § 81-2,273Nebraska Legislature; administered by the Nebraska Department of AgriculturestandingNebraska Legislature; administered by the Nebraska Department of Agriculture, Neb. Rev. Stat. § 81-2,273 (standing) (Ex. DUT-NE-023)/library/DUT-NE-023/exhibit/DUT-NE-023
Ex. DUT-NE-024Neb. Rev. Stat. § 81-2,290Nebraska LegislaturestandingNebraska Legislature, Neb. Rev. Stat. § 81-2,290 (standing) (Ex. DUT-NE-024)/library/DUT-NE-024/exhibit/DUT-NE-024
Ex. DUT-NE-025Directed Health Measure Order 2020-SCHD-012 (cross-reference to Ex. NE-021; not re-saved)Nebraska DHHS, Chief Medical Officer / Director of Public Health Gary Anthone, M.D.standingNebraska DHHS, Chief Medical Officer / Director of Public Health Gary Anthone, M.D, Directed Health Measure Order 2020-SCHD-012 (cross-reference to Ex. NE-021; not re-saved) (Nov. 9, 2020) (Ex. DUT-NE-025)/library/DUT-NE-025/exhibit/DUT-NE-025
Ex. DUT-NE-026Directed Health Measure Order 2020-SCHD-012, guidance clauses (cross-reference to Ex. NE-021; not re-saved)Nebraska DHHS, Chief Medical Officer / Director of Public HealthstandingNebraska DHHS, Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-SCHD-012, guidance clauses (cross-reference to Ex. NE-021; not re-saved) (Nov. 9, 2020) (Ex. DUT-NE-026)/library/DUT-NE-026/exhibit/DUT-NE-026
Ex. DUT-NE-027Directed Health Measure Order 2020-DCHD-019 (green phase) (cross-reference to Ex. NE-026; not re-saved)Nebraska DHHS, Chief Medical Officer / Director of Public HealthstandingNebraska DHHS, Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-DCHD-019 (green phase) (cross-reference to Ex. NE-026; not re-saved) (Jan. 29, 2021) (Ex. DUT-NE-027)/library/DUT-NE-027/exhibit/DUT-NE-027
Ex. DUT-NE-028Directed Health Measure Order 2020-DCHD-019 (green phase), guidance clauses (cross-reference to Ex. NE-026; not re-saved)Nebraska DHHS, Chief Medical Officer / Director of Public HealthstandingNebraska DHHS, Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-DCHD-019 (green phase), guidance clauses (cross-reference to Ex. NE-026; not re-saved) (Jan. 29, 2021) (Ex. DUT-NE-028)/library/DUT-NE-028/exhibit/DUT-NE-028
Ex. DUT-NE-029Directed Health Measure Order 2020-NEHD-002 (Phase II) (cross-reference to Ex. NE-013; not re-saved)Nebraska DHHS, Chief Medical Officer / Director of Public HealthstandingNebraska DHHS, Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-NEHD-002 (Phase II) (cross-reference to Ex. NE-013; not re-saved) (May 29, 2020) (Ex. DUT-NE-029)/library/DUT-NE-029/exhibit/DUT-NE-029
Ex. DUT-NE-030Lincoln-Lancaster County Directed Health Measures 2020-07 (cross-reference to Ex. NE-079; not re-saved)Lincoln-Lancaster County Health Department, Interim Health Director Pat LopezstandingLincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln-Lancaster County Directed Health Measures 2020-07 (cross-reference to Ex. NE-079; not re-saved) (July 17, 2020) (Ex. DUT-NE-030)/library/DUT-NE-030/exhibit/DUT-NE-030
Ex. DUT-NE-031Emergency Ordinance No. 42309, Prevention of COVID-19 (cross-reference to Ex. NE-072; not re-saved)Omaha City Council (emergency ordinance), approved by Mayor Jean StothertstandingOmaha City Council (emergency ordinance), approved by Mayor Jean Stothert, Emergency Ordinance No. 42309, Prevention of COVID-19 (cross-reference to Ex. NE-072; not re-saved) (Aug. 11, 2020) (Ex. DUT-NE-031)/library/DUT-NE-031/exhibit/DUT-NE-031
Ex. DUT-NE-032COVID-19 Directed Health Measures FAQ (cross-reference to Ex. NE-029; not re-saved)Nebraska Department of Health and Human ServicesstandingNebraska Department of Health and Human Services, COVID-19 Directed Health Measures FAQ (cross-reference to Ex. NE-029; not re-saved) (July 30, 2020) (Ex. DUT-NE-032)/library/DUT-NE-032/exhibit/DUT-NE-032
Ex. DUT-NE-033Directed Health Measure Order 2020-009 (statewide) (cross-reference to Ex. NE-008; not re-saved)Nebraska DHHS, Chief Medical Officer / Director of Public Health Gary Anthone, M.D.standingNebraska DHHS, Chief Medical Officer / Director of Public Health Gary Anthone, M.D, Directed Health Measure Order 2020-009 (statewide) (cross-reference to Ex. NE-008; not re-saved) (Apr. 3, 2020) (Ex. DUT-NE-033)/library/DUT-NE-033/exhibit/DUT-NE-033
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, §§â€¦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. NE-001Proclamation of a State of Emergency (COVID-19)Governor Pete RickettsMar. 13, 2020Governor Pete Ricketts, Proclamation of a State of Emergency (COVID-19) (Mar. 13, 2020) (Ex. NE-001)/library/NE-001/exhibit/NE-001
Ex. NE-002Directed Health Measure Order 2020-001Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public HealthMar. 19, 2020Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-001 (Mar. 19, 2020) (Ex. NE-002)/library/NE-002/exhibit/NE-002
Ex. NE-003Directed Health Measure Order 2020-002Nebraska DHHS, Chief Medical OfficerMar. 25, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-002 (Mar. 25, 2020) (Ex. NE-003)/library/NE-003/exhibit/NE-003
Ex. NE-004Directed Health Measure Order 2020-003Nebraska DHHS, Gary Anthone, M.D., Chief Medical OfficerMar. 27, 2020Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer, Directed Health Measure Order 2020-003 (Mar. 27, 2020) (Ex. NE-004)/library/NE-004/exhibit/NE-004
Ex. NE-005Directed Health Measure Order 2020-004Nebraska DHHS, Gary Anthone, M.D., Chief Medical OfficerMar. 29, 2020Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer, Directed Health Measure Order 2020-004 (Mar. 29, 2020) (Ex. NE-005)/library/NE-005/exhibit/NE-005
Ex. NE-006Directed Health Measure Order 2020-005Nebraska DHHS, Chief Medical OfficerMar. 31, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-005 (Mar. 31, 2020) (Ex. NE-006)/library/NE-006/exhibit/NE-006
Ex. NE-007Directed Health Measure Orders 2020-006, 2020-007 and 2020-008Nebraska DHHS, Chief Medical OfficerApr. 1, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Orders 2020-006, 2020-007 and 2020-008 (Apr. 1, 2020) (Ex. NE-007)/library/NE-007/exhibit/NE-007
Ex. NE-008Directed Health Measure Order 2020-009Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public HealthApr. 3, 2020Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-009 (Apr. 3, 2020) (Ex. NE-008)/library/NE-008/exhibit/NE-008
Ex. NE-009Directed Health Measure Order 2020-010 (and 2020-011)Nebraska DHHS, Chief Medical OfficerApr. 9, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-010 (and 2020-011) (Apr. 9, 2020) (Ex. NE-009)/library/NE-009
Ex. NE-010Directed Health Measure Order 2020-LLHD-001Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public HealthApr. 30, 2020Nebraska DHHS, Gary Anthone, M.D., Chief Medical Officer / Director of Public Health, Directed Health Measure Order 2020-LLHD-001 (Apr. 30, 2020) (Ex. NE-010)/library/NE-010/exhibit/NE-010
Ex. NE-011Directed Health Measure Order 2020-NCHD-001Nebraska DHHS, Chief Medical OfficerApr. 30, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-NCHD-001 (Apr. 30, 2020) (Ex. NE-011)/library/NE-011/exhibit/NE-011
Ex. NE-012Outline of Changes to Upcoming DHMs Phase IINebraska DHHSMay 21, 2020Nebraska DHHS, Outline of Changes to Upcoming DHMs Phase II (May 21, 2020) (Ex. NE-012)/library/NE-012/exhibit/NE-012
Ex. NE-013Directed Health Measure Order 2020-NEHD-002Nebraska DHHS, Chief Medical OfficerMay 29, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-NEHD-002 (May 29, 2020) (Ex. NE-013)/library/NE-013/exhibit/NE-013
Ex. NE-014Outline of Changes to Upcoming DHMs Phase III (updated July 13, 2020)Nebraska DHHSJune 16, 2020Nebraska DHHS, Outline of Changes to Upcoming DHMs Phase III (updated July 13, 2020) (June 16, 2020) (Ex. NE-014)/library/NE-014/exhibit/NE-014
Ex. NE-015Outline of Changes to Upcoming DHMs Phase IVNebraska DHHSJune 16, 2020Nebraska DHHS, Outline of Changes to Upcoming DHMs Phase IV (June 16, 2020) (Ex. NE-015)/library/NE-015/exhibit/NE-015
Ex. NE-016Directed Health Measure Order 2020-LLHD-005Nebraska DHHS, Chief Medical OfficerJuly 2, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-005 (July 2, 2020) (Ex. NE-016)/library/NE-016/exhibit/NE-016
Ex. NE-017Directed Health Measure Order 2020-DCHD-005Nebraska DHHS, Chief Medical OfficerJuly 30, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DCHD-005 (July 30, 2020) (Ex. NE-017)/library/NE-017/exhibit/NE-017
Ex. NE-018Directed Health Measure Order 2020-LLHD-009Nebraska DHHS, Chief Medical OfficerSept. 11, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-009 (Sept. 11, 2020) (Ex. NE-018)/library/NE-018/exhibit/NE-018
Ex. NE-019Outline of Changes to Upcoming DHMs (changes effective October 21, 2020)Nebraska DHHSOct. 22, 2020Nebraska DHHS, Outline of Changes to Upcoming DHMs (changes effective October 21, 2020) (Oct. 22, 2020) (Ex. NE-019)/library/NE-019/exhibit/NE-019
Ex. NE-020Outline of Changes to Upcoming DHMs (all changes statewide, effective 12:01 a.m. Nov. 11, 2020)Nebraska DHHSNov. 9, 2020Nebraska DHHS, Outline of Changes to Upcoming DHMs (all changes statewide, effective 12:01 a.m. Nov. 11, 2020) (Nov. 9, 2020) (Ex. NE-020)/library/NE-020/exhibit/NE-020
Ex. NE-021Directed Health Measure Order 2020-SCHD-012Nebraska DHHS, Chief Medical OfficerNov. 9, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-SCHD-012 (Nov. 9, 2020) (Ex. NE-021)/library/NE-021/exhibit/NE-021
Ex. NE-022Directed Health Measure Orders of Nov. 13, 2020 (e.g., 2020-DCHD-014)Nebraska DHHS, Chief Medical OfficerNov. 13, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Orders of Nov. 13, 2020 (e.g., 2020-DCHD-014) (Ex. NE-022)/library/NE-022
Ex. NE-023Phased Public Health Restrictions Tied to Coronavirus Hospitalization Rate (DHM Measure Table)Nebraska DHHSNov. 13, 2020Nebraska DHHS, Phased Public Health Restrictions Tied to Coronavirus Hospitalization Rate (DHM Measure Table) (Nov. 13, 2020) (Ex. NE-023)/library/NE-023/exhibit/NE-023
Ex. NE-024Outline of Changes to Upcoming DHMs (statewide, effective 5:00 p.m. Dec. 3, 2020)Nebraska DHHSDec. 3, 2020Nebraska DHHS, Outline of Changes to Upcoming DHMs (statewide, effective 5:00 p.m. Dec. 3, 2020) (Ex. NE-024)/library/NE-024/exhibit/NE-024
Ex. NE-025Directed Health Measure Order 2020-DKHD-016Nebraska DHHS, Chief Medical OfficerDec. 3, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DKHD-016 (Dec. 3, 2020) (Ex. NE-025)/library/NE-025/exhibit/NE-025
Ex. NE-026Directed Health Measure Order 2020-DCHD-019Nebraska DHHS, Chief Medical OfficerJan. 29, 2021Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DCHD-019 (Jan. 29, 2021) (Ex. NE-026)/library/NE-026/exhibit/NE-026
Ex. NE-027Directed Health Measure Order 2020-LBHD-005Nebraska DHHS, Chief Medical OfficerJuly 23, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LBHD-005 (July 23, 2020) (Ex. NE-027)/library/NE-027/exhibit/NE-027
Ex. NE-028Directed Health Measure Order 2020-WCHD-023Nebraska DHHS, Chief Medical OfficerMar. 15, 2021Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-WCHD-023 (Mar. 15, 2021) (Ex. NE-028)/library/NE-028/exhibit/NE-028
Ex. NE-029COVID-19 Directed Health Measures FAQNebraska DHHSJuly 30, 2020Nebraska DHHS, COVID-19 Directed Health Measures FAQ (July 30, 2020) (Ex. NE-029)/library/NE-029/exhibit/NE-029
Ex. NE-030Novel Coronavirus: Long-Term Care Facilities (guidance, rev. Mar. 31, 2020)Nebraska DHHS (Division of Public Health / Licensure)Mar. 31, 2020Nebraska DHHS (Division of Public Health / Licensure), Novel Coronavirus: Long-Term Care Facilities (guidance, rev. Mar. 31, 2020) (Ex. NE-030)/library/NE-030/exhibit/NE-030
Ex. NE-031Directed Health Measure Order 2020-007Nebraska DHHS, Chief Medical OfficerApr. 1, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-007 (Apr. 1, 2020) (Ex. NE-031)/library/NE-031/exhibit/NE-031
Ex. NE-032Assisted-Living Facility Masking Guidance (July 14, 2021)Nebraska DHHSJuly 14, 2021Nebraska DHHS, Assisted-Living Facility Masking Guidance (July 14, 2021) (Ex. NE-032)/library/NE-032/exhibit/NE-032
Ex. NE-034Directed Health Measure Order 2020-LLHD-006Nebraska DHHS, Chief Medical OfficerJuly 30, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-006 (July 30, 2020) (Ex. NE-034)/library/NE-034/exhibit/NE-034
Ex. NE-036June 1st Statewide Sports Reopening GuidelinesNebraska DHHSMay 21, 2020Nebraska DHHS, June 1st Statewide Sports Reopening Guidelines (May 21, 2020) (Ex. NE-036)/library/NE-036/exhibit/NE-036
Ex. NE-037Directed Health Measure Order 2020-DCHD-008Nebraska DHHS, Chief Medical OfficerSept. 11, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DCHD-008 (Sept. 11, 2020) (Ex. NE-037)/library/NE-037/exhibit/NE-037
Ex. NE-038Directed Health Measure Order 2020-LLHD-010Nebraska DHHS, Chief Medical OfficerSept. 18, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-LLHD-010 (Sept. 18, 2020) (Ex. NE-038)/library/NE-038/exhibit/NE-038
Ex. NE-039Directed Health Measure Order 2020-DCHD-009Nebraska DHHS, Chief Medical OfficerSept. 18, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-DCHD-009 (Sept. 18, 2020) (Ex. NE-039)/library/NE-039/exhibit/NE-039
Ex. NE-040Executive Order 20-01Governor Pete RickettsMar. 13, 2020Governor Pete Ricketts, Executive Order 20-01 (Mar. 13, 2020) (Ex. NE-040)/library/NE-040/exhibit/NE-040
Ex. NE-041Executive Order 20-02Governor Pete RickettsMar. 16, 2020Governor Pete Ricketts, Executive Order 20-02 (Mar. 16, 2020) (Ex. NE-041)/library/NE-041/exhibit/NE-041
Ex. NE-042Executive Order 20-03Governor Pete RickettsMar. 17, 2020Governor Pete Ricketts, Executive Order 20-03 (Mar. 17, 2020) (Ex. NE-042)/library/NE-042/exhibit/NE-042
Ex. NE-043Executive Order 20-04Governor Pete RickettsMar. 17, 2020Governor Pete Ricketts, Executive Order 20-04 (Mar. 17, 2020) (Ex. NE-043)/library/NE-043/exhibit/NE-043
Ex. NE-044Executive Order 20-05Governor Pete RickettsMar. 19, 2020Governor Pete Ricketts, Executive Order 20-05 (Mar. 19, 2020) (Ex. NE-044)/library/NE-044/exhibit/NE-044
Ex. NE-045Executive Order 20-06Governor Pete Ricketts (directing the Nebraska Liquor Control Commission)Mar. 19, 2020Governor Pete Ricketts (directing the Nebraska Liquor Control Commission), Executive Order 20-06 (Mar. 19, 2020) (Ex. NE-045)/library/NE-045/exhibit/NE-045
Ex. NE-046Executive Order 20-07Governor Pete RickettsMar. 25, 2020Governor Pete Ricketts, Executive Order 20-07 (Mar. 25, 2020) (Ex. NE-046)/library/NE-046/exhibit/NE-046
Ex. NE-047Executive Order 20-08Governor Pete RickettsMar. 26, 2020Governor Pete Ricketts, Executive Order 20-08 (Mar. 26, 2020) (Ex. NE-047)/library/NE-047/exhibit/NE-047
Ex. NE-048Executive Order 20-09Governor Pete Ricketts (directing the Liquor Control Commission)Mar. 26, 2020Governor Pete Ricketts (directing the Liquor Control Commission), Executive Order 20-09 (Mar. 26, 2020) (Ex. NE-048)/library/NE-048/exhibit/NE-048
Ex. NE-049Executive Order 20-10Governor Pete RickettsMar. 27, 2020Governor Pete Ricketts, Executive Order 20-10 (Mar. 27, 2020) (Ex. NE-049)/library/NE-049/exhibit/NE-049
Ex. NE-050Executive Order 20-12Governor Pete RickettsMar. 31, 2020Governor Pete Ricketts, Executive Order 20-12 (Mar. 31, 2020) (Ex. NE-050)/library/NE-050/exhibit/NE-050
Ex. NE-051Executive Order 20-13Governor Pete Ricketts (directing the Secretary of State and the Department of Banking and Finance)Apr. 1, 2020Governor Pete Ricketts (directing the Secretary of State and the Department of Banking and Finance), Executive Order 20-13 (Apr. 1, 2020) (Ex. NE-051)/library/NE-051/exhibit/NE-051
Ex. NE-052Executive Order 20-16Governor Pete RickettsApr. 7, 2020Governor Pete Ricketts, Executive Order 20-16 (Apr. 7, 2020) (Ex. NE-052)/library/NE-052/exhibit/NE-052
Ex. NE-053Executive Order 20-18Governor Pete RickettsApr. 15, 2020Governor Pete Ricketts, Executive Order 20-18 (Apr. 15, 2020) (Ex. NE-053)/library/NE-053/exhibit/NE-053
Ex. NE-054Executive Order 20-21Governor Pete RickettsApr. 29, 2020Governor Pete Ricketts, Executive Order 20-21 (Apr. 29, 2020) (Ex. NE-054)/library/NE-054/exhibit/NE-054
Ex. NE-055Executive Order 20-25Governor Pete RickettsMay 26, 2020Governor Pete Ricketts, Executive Order 20-25 (May 26, 2020) (Ex. NE-055)/library/NE-055/exhibit/NE-055
Ex. NE-056Executive Order 20-27Governor Pete RickettsJune 17, 2020Governor Pete Ricketts, Executive Order 20-27 (June 17, 2020) (Ex. NE-056)/library/NE-056/exhibit/NE-056
Ex. NE-057Executive Order 20-29Governor Pete RickettsJuly 1, 2020Governor Pete Ricketts, Executive Order 20-29 (July 1, 2020) (Ex. NE-057)/library/NE-057/exhibit/NE-057
Ex. NE-058Executive Order 20-30Governor Pete RickettsJuly 2, 2020Governor Pete Ricketts, Executive Order 20-30 (July 2, 2020) (Ex. NE-058)/library/NE-058/exhibit/NE-058
Ex. NE-059Executive Order 20-32Governor Pete RickettsJuly 7, 2020Governor Pete Ricketts, Executive Order 20-32 (July 7, 2020) (Ex. NE-059)/library/NE-059/exhibit/NE-059
Ex. NE-060Executive Order 20-34Governor Pete RickettsOct. 30, 2020Governor Pete Ricketts, Executive Order 20-34 (Oct. 30, 2020) (Ex. NE-060)/library/NE-060/exhibit/NE-060
Ex. NE-061Executive Order 20-36Governor Pete RickettsDec. 1, 2020Governor Pete Ricketts, Executive Order 20-36 (Dec. 1, 2020) (Ex. NE-061)/library/NE-061/exhibit/NE-061
Ex. NE-062Executive Order 20-37Governor Pete RickettsDec. 7, 2020Governor Pete Ricketts, Executive Order 20-37 (Dec. 7, 2020) (Ex. NE-062)/library/NE-062/exhibit/NE-062
Ex. NE-063Executive Order 21-01Governor Pete RickettsJan. 7, 2021Governor Pete Ricketts, Executive Order 21-01 (Jan. 7, 2021) (Ex. NE-063)/library/NE-063/exhibit/NE-063
Ex. NE-064Executive Order 21-02Governor Pete RickettsJan. 11, 2021Governor Pete Ricketts, Executive Order 21-02 (Jan. 11, 2021) (Ex. NE-064)/library/NE-064/exhibit/NE-064
Ex. NE-065Executive Order 21-05Governor Pete RickettsMay 24, 2021Governor Pete Ricketts, Executive Order 21-05 (May 24, 2021) (Ex. NE-065)/library/NE-065/exhibit/NE-065
Ex. NE-066Executive Order 21-06Governor Pete RickettsMay 24, 2021Governor Pete Ricketts, Executive Order 21-06 (May 24, 2021) (Ex. NE-066)/library/NE-066/exhibit/NE-066
Ex. NE-067Executive Order 21-09Governor Pete RickettsJune 28, 2021Governor Pete Ricketts, Executive Order 21-09 (June 28, 2021) (Ex. NE-067)/library/NE-067/exhibit/NE-067
Ex. NE-068Executive Order 21-12Governor Pete RickettsAug. 26, 2021Governor Pete Ricketts, Executive Order 21-12 (Aug. 26, 2021) (Ex. NE-068)/library/NE-068/exhibit/NE-068
Ex. NE-069Guidance on Communal Dining/Group Activities for NF and AL (Apr. 1, 2021)Nebraska DHHS with the Infection Control Assessment and Promotion Program (ICAP)Apr. 1, 2021Nebraska DHHS with the Infection Control Assessment and Promotion Program (ICAP), Guidance on Communal Dining/Group Activities for NF and AL (Apr. 1, 2021) (Ex. NE-069)/library/NE-069/exhibit/NE-069
Ex. NE-070Douglas County Directed Health Measure of March 18, 2020 (and salon closure order of March 24, 2020)Douglas County Health Department, Health Director Adi Pour, Ph.D.Mar. 18, 2020Douglas County Health Department, Health Director Adi Pour, Ph.D, Douglas County Directed Health Measure of March 18, 2020 (and salon closure order of March 24, 2020) (Mar. 18, 2020) (Ex. NE-070)/library/NE-070
Ex. NE-071Booth, Tabling, and Sales Events Guidance (updated June 19, 2020)Nebraska DHHSJune 19, 2020Nebraska DHHS, Booth, Tabling, and Sales Events Guidance (updated June 19, 2020) (Ex. NE-071)/library/NE-071/exhibit/NE-071
Ex. NE-072Emergency Ordinance No. 42309Omaha City Council (7-0), approved by Mayor Jean StothertAug. 11, 2020Omaha City Council (7-0), approved by Mayor Jean Stothert, Emergency Ordinance No. 42309 (Aug. 11, 2020) (Ex. NE-072)/library/NE-072/exhibit/NE-072
Ex. NE-073Ordinance No. 42310 (as amended, 42310b)Omaha City CouncilSept. 1, 2020Omaha City Council, Ordinance No. 42310 (as amended, 42310b) (Sept. 1, 2020) (Ex. NE-073)/library/NE-073/exhibit/NE-073
Ex. NE-074Ordinance No. 42368 (substitute, Nov. 10, 2020 agenda) amending § 12-51; and the October 2020 extension of the sunset to February 23, 2021Omaha City CouncilNov. 10, 2020Omaha City Council, Ordinance No. 42368 (substitute, Nov. 10, 2020 agenda) amending § 12-51; and the October 2020 extension of the sunset to February 23, 2021 (Ex. NE-074)/library/NE-074/exhibit/NE-074
Ex. NE-075Ordinance No. 42435Omaha City Council (requested by Councilmembers Festersen and others)Feb. 9, 2021Omaha City Council (requested by Councilmembers Festersen and others), Ordinance No. 42435 (Feb. 9, 2021) (Ex. NE-075)/library/NE-075/exhibit/NE-075
Ex. NE-076Lincoln-Lancaster County Directed Health Measures 2020-02Lincoln-Lancaster County Health Department, Interim Health Director Pat LopezApr. 30, 2020Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln-Lancaster County Directed Health Measures 2020-02 (Apr. 30, 2020) (Ex. NE-076)/library/NE-076/exhibit/NE-076
Ex. NE-077Lincoln-Lancaster County Directed Health Measures 2020-04Lincoln-Lancaster County Health Department, Interim Health Director Pat LopezMay 7, 2020Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln-Lancaster County Directed Health Measures 2020-04 (May 7, 2020) (Ex. NE-077)/library/NE-077/exhibit/NE-077
Ex. NE-078Lincoln-Lancaster County Directed Health Measures 2020-05Lincoln-Lancaster County Health Department, Interim Health Director Pat LopezMay 29, 2020Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln-Lancaster County Directed Health Measures 2020-05 (May 29, 2020) (Ex. NE-078)/library/NE-078/exhibit/NE-078
Ex. NE-079Lincoln-Lancaster County Directed Health Measures 2020-07Lincoln-Lancaster County Health Department, Interim Health Director Pat LopezJuly 17, 2020Lincoln-Lancaster County Health Department, Interim Health Director Pat Lopez, Lincoln-Lancaster County Directed Health Measures 2020-07 (July 17, 2020) (Ex. NE-079)/library/NE-079/exhibit/NE-079
Ex. NE-080KLKN, 'BREAKING: Mask mandate to start Thursday in Lancaster County' (Aug. 24, 2021)KLKN-TV (Lincoln) report of the Lincoln-Lancaster County Health Department announcementAug. 24, 2021KLKN-TV (Lincoln) report of the Lincoln-Lancaster County Health Department announcement, KLKN, 'BREAKING: Mask mandate to start Thursday in Lancaster County' (Aug. 24, 2021) (Ex. NE-080)/library/NE-080/exhibit/NE-080
Ex. NE-081KLKN, 'Mask mandate extended in Lancaster County, risk dial moves to low orange' (Sept. 28, 2021)KLKN-TV reportSept. 28, 2021KLKN-TV report, KLKN, 'Mask mandate extended in Lancaster County, risk dial moves to low orange' (Sept. 28, 2021) (Ex. NE-081)/library/NE-081/exhibit/NE-081
Ex. NE-082KLKN, 'Lancaster County mask mandate set to expire on December 23rd' (Dec. 21, 2021)KLKN-TV reportDec. 21, 2021KLKN-TV report, KLKN, 'Lancaster County mask mandate set to expire on December 23rd' (Dec. 21, 2021) (Ex. NE-082)/library/NE-082/exhibit/NE-082
Ex. NE-083KLKN, 'Officials announce updated DHM for Lancaster County; mask mandate to continue' (Oct. 23, 2020)KLKN-TV report of the Lincoln-Lancaster County Health Department DHM effective Nov. 1, 2020Oct. 23, 2020KLKN-TV report of the Lincoln-Lancaster County Health Department DHM effective Nov. 1, 2020, KLKN, 'Officials announce updated DHM for Lancaster County; mask mandate to continue' (Oct. 23, 2020) (Ex. NE-083)/library/NE-083/exhibit/NE-083
Ex. NE-084KLKN, 'New DHMs start Friday, bars to open' (Dec. 17, 2020)KLKN-TV report of the Lincoln-Lancaster County Health Department DHM effective Dec. 18, 2020Dec. 17, 2020KLKN-TV report of the Lincoln-Lancaster County Health Department DHM effective Dec. 18, 2020, KLKN, 'New DHMs start Friday, bars to open' (Dec. 17, 2020) (Ex. NE-084)/library/NE-084/exhibit/NE-084
Ex. NE-085KLKN, 'Data suggest decline in positivity rate for Lancaster County since mask mandate' (Aug. 10, 2020)KLKN-TV reportAug. 10, 2020KLKN-TV report, KLKN, 'Data suggest decline in positivity rate for Lancaster County since mask mandate' (Aug. 10, 2020) (Ex. NE-085)/library/NE-085/exhibit/NE-085
Ex. NE-086Lincoln-Lancaster County Directed Health Measures 2020-09Lincoln-Lancaster County Health Department, Health Director Patricia D. LopezSept. 11, 2020Lincoln-Lancaster County Health Department, Health Director Patricia D. Lopez, Lincoln-Lancaster County Directed Health Measures 2020-09 (Sept. 11, 2020) (Ex. NE-086)/library/NE-086/exhibit/NE-086
Ex. NE-087Directed Health Measure Findings and Order DHM 2020-2Central District Health Department, Health Director Teresa AndersonApr. 2, 2020Central District Health Department, Health Director Teresa Anderson, Directed Health Measure Findings and Order DHM 2020-2 (Apr. 2, 2020) (Ex. NE-087)/library/NE-087/exhibit/NE-087
Ex. NE-088COVID-19 Directive Health Measures of April 3, 2020East Central District Health Department (Board of Health and Health Director)Apr. 3, 2020East Central District Health Department (Board of Health and Health Director), COVID-19 Directive Health Measures of April 3, 2020 (Apr. 3, 2020) (Ex. NE-088)/library/NE-088/exhibit/NE-088
Ex. NE-089Lincoln-Lancaster County Directed Health Measure of August 2021 (indoor face coverings)Lincoln-Lancaster County Health Department, Health Director Pat Lopez, with Mayor Leirion Gaylor BairdAug. 24, 2021Lincoln-Lancaster County Health Department, Health Director Pat Lopez, with Mayor Leirion Gaylor Baird, Lincoln-Lancaster County Directed Health Measure of August 2021 (indoor face coverings) (Aug. 24, 2021) (Ex. NE-089)/library/NE-089
Ex. NE-090DHHS COVID-19 Weekly Update, Dec. 2, 2020Nebraska DHHSDec. 2, 2020Nebraska DHHS, DHHS COVID-19 Weekly Update, Dec. 2, 2020 (Ex. NE-090)/library/NE-090/exhibit/NE-090
Ex. NE-091DHHS COVID-19 Weekly Update, Dec. 16, 2020Nebraska DHHSDec. 16, 2020Nebraska DHHS, DHHS COVID-19 Weekly Update, Dec. 16, 2020 (Ex. NE-091)/library/NE-091/exhibit/NE-091
Ex. NE-092DHHS COVID-19 Weekly Update, Jan. 27, 2021Nebraska DHHSJan. 27, 2021Nebraska DHHS, DHHS COVID-19 Weekly Update, Jan. 27, 2021 (Ex. NE-092)/library/NE-092/exhibit/NE-092
Ex. NE-093DHHS COVID-19 Weekly Update, Apr. 14, 2021Nebraska DHHSApr. 14, 2021Nebraska DHHS, DHHS COVID-19 Weekly Update, Apr. 14, 2021 (Ex. NE-093)/library/NE-093/exhibit/NE-093
Ex. NE-094DHHS COVID-19 Weekly Update, May 19, 2021Nebraska DHHSMay 19, 2021Nebraska DHHS, DHHS COVID-19 Weekly Update, May 19, 2021 (Ex. NE-094)/library/NE-094/exhibit/NE-094
Ex. NE-095DHHS COVID-19 Weekly Update, May 26, 2021Nebraska DHHSMay 26, 2021Nebraska DHHS, DHHS COVID-19 Weekly Update, May 26, 2021 (Ex. NE-095)/library/NE-095/exhibit/NE-095
Ex. NE-096DHHS COVID-19 Weekly Update, June 2, 2021Nebraska DHHSJune 2, 2021Nebraska DHHS, DHHS COVID-19 Weekly Update, June 2, 2021 (Ex. NE-096)/library/NE-096/exhibit/NE-096
Ex. NE-097Husch Blackwell, 'Nebraska: State-by-State COVID-19 Guidance'Husch Blackwell LLP (law-firm tracker)Apr. 15, 2021Husch Blackwell LLP (law-firm tracker), Husch Blackwell, 'Nebraska: State-by-State COVID-19 Guidance' (Apr. 15, 2021) (Ex. NE-097)/library/NE-097/exhibit/NE-097
Ex. NE-099Neb. Rev. Stat. § 71-502Nebraska LegislatureMar. 19, 2020Nebraska Legislature, Neb. Rev. Stat. § 71-502 (Mar. 19, 2020) (Ex. NE-099)/library/NE-099/exhibit/NE-099
Ex. NE-100Neb. Rev. Stat. § 81-829.40Nebraska LegislatureMar. 13, 2020Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (Mar. 13, 2020) (Ex. NE-100)/library/NE-100/exhibit/NE-100
Ex. NE-101Guidance for Estate and Farm Auctions (updated June 19, 2020)Nebraska DHHSJune 19, 2020Nebraska DHHS, Guidance for Estate and Farm Auctions (updated June 19, 2020) (Ex. NE-101)/library/NE-101/exhibit/NE-101
Ex. NE-103Statement from the Nebraska Board of Dentistry as of March 20, 2020Nebraska Board of DentistryMar. 20, 2020Nebraska Board of Dentistry, Statement from the Nebraska Board of Dentistry as of March 20, 2020 (Mar. 20, 2020) (Ex. NE-103)/library/NE-103/exhibit/NE-103
Ex. NE-104Statement Regarding Dental Offices Returning to Routine/Elective Procedures May 4th (updated June 4, 2020)Nebraska Board of Dentistry (with the State Dental Director and the Nebraska Dental Association)June 4, 2020Nebraska Board of Dentistry (with the State Dental Director and the Nebraska Dental Association), Statement Regarding Dental Offices Returning to Routine/Elective Procedures May 4th (updated June 4, 2020) (Ex. NE-104)/library/NE-104/exhibit/NE-104
Ex. NE-105Two Rivers Public Health Department Directed Health Measures 2020-001Two Rivers Public Health Department, Health DirectorApr. 1, 2020Two Rivers Public Health Department, Health Director, Two Rivers Public Health Department Directed Health Measures 2020-001 (Apr. 1, 2020) (Ex. NE-105)/library/NE-105/exhibit/NE-105
Ex. NE-106KLKN, 'Mask Mandate extended in Lancaster County' (Oct. 26, 2021)KLKN-TV reportOct. 26, 2021KLKN-TV report, KLKN, 'Mask Mandate extended in Lancaster County' (Oct. 26, 2021) (Ex. NE-106)/library/NE-106/exhibit/NE-106
Ex. NE-107KLKN, 'Mask mandate extended in Lancaster County' (Nov. 23, 2021)KLKN-TV reportNov. 23, 2021KLKN-TV report, KLKN, 'Mask mandate extended in Lancaster County' (Nov. 23, 2021) (Ex. NE-107)/library/NE-107/exhibit/NE-107
Ex. NE-108KLKN, 'BREAKING: Mask mandate lifted, Risk Dial in the green' (May 18, 2021)KLKN-TV report of the Lincoln-Lancaster County Health Department announcementMay 18, 2021KLKN-TV report of the Lincoln-Lancaster County Health Department announcement, KLKN, 'BREAKING: Mask mandate lifted, Risk Dial in the green' (May 18, 2021) (Ex. NE-108)/library/NE-108/exhibit/NE-108
Ex. NE-109Lincoln Public Schools face-covering requirement for the 2021-22 school year (KLKN report, Aug. 5, 2021)Lincoln Public Schools (Superintendent Steve Joel), following Lincoln-Lancaster County Health Department guidanceAug. 5, 2021Lincoln Public Schools (Superintendent Steve Joel), following Lincoln-Lancaster County Health Department guidance, Lincoln Public Schools face-covering requirement for the 2021-22 school year (KLKN report, Aug. 5, 2021) (Ex. NE-109)/library/NE-109/exhibit/NE-109
Ex. NE-110Directed Health Measure Order 2020-CDHD-012Nebraska DHHS, Chief Medical OfficerNov. 9, 2020Nebraska DHHS, Chief Medical Officer, Directed Health Measure Order 2020-CDHD-012 (Nov. 9, 2020) (Ex. NE-110)/library/NE-110/exhibit/NE-110
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=NE&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.