Eligibility report

Governmental Orders Record and Eligibility Analysis

New Mexico

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 411 instruments cited; 397 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=NM&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 New Mexico 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=NM&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)

New Mexico, first day (Apr. 1, 2020): EO 2020-004 emergency (NM-001); PHO Mar. 23, 2020 stay-at-home/closure in force (NM-006): all non-essential businesses 'reduce the in-person workforce... by 100%', mass gatherings of 5+ prohibited, call centers 100% remote, lodging 50%, casinos closed; PHO Mar. 19 closures (dine-in, malls, gyms, theaters) folded into it (NM-005); PHO Mar. 24 prohibition of non-essential health care services, procedures and surgeries (effective Mar. 27) and PPE rationing (NM-007, NM-008); EO 2020-013 14-day self-isolation of air arrivals (Mar. 27; recited); K-12 schools closed for the school year (Mar. 27 announcement); NMSC Order 20-8500-002 (jury trials suspended, 25-person courthouse cap) and 20-8500-007 (writs of restitution stayed) (NM-004, NM-009); Rail Runner suspended; State offices closed to the public (Mar. 15 directive).

New Mexico, last day (June 30, 2020): PHO June 30, 2020 (NM-023), effective immediately through July 15: mass gatherings of 5+ prohibited; non-essential and retail businesses 25%; indoor dining 50%, bars take-out only; gyms 50%, salons and malls 25%; lodging 50%; houses of worship 25%; universal face coverings (retailers must refuse entry to the unmasked); casinos closed; EO 2020-036 renewal through July 1 (NM-020); NMSC face-covering order and Protocols (NM-017, NM-019); air-arrival quarantine (EO 2020-013 as amended); writ stay.

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)

New Mexico, first day (July 1, 2020): PHO June 30 (NM-023) as above; EO 2020-054 (NM-024): every person arriving from outside New Mexico must self-quarantine 14 days or for the duration of the stay; EO 2020-053 renewal (recited); NMSC Order 20-8500-025 protocols (July 6, NM-025); writ stay.

New Mexico, last day (Sept. 30, 2020): PHO Sept. 18, 2020 (NM-032; through Oct. 16): mass gatherings of more than 10 prohibited; essential retail 25% with mask-entry rule; close-contact businesses 25%; close-contact recreational facilities closed; indoor dining 25%, outdoor 75%, no bar seating; houses of worship 40%; lodging 75% (NM Safe Certified) / 50%; State parks residents only; universal masks; EO 2020-063 (NM-031) 14-day quarantine for arrivals from high-risk States (72-hour negative test exemption); EO 2020-064 renewal (recited); writ stay; court protocols.

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)

New Mexico, first day (Oct. 1, 2020): Same as Sept. 30, 2020 (PHO Sept. 18, NM-032; EO 2020-063, NM-031).

New Mexico, last day (Dec. 31, 2020): PHO Dec. 30, 2020 (NM-047; through Jan. 29, 2021) Red-to-Green framework with 33 of 33 counties at Red on Dec. 16 (Governor's map release): Red = mass gatherings of more than 5 prohibited; essential retail 25%; no indoor dining, outdoor 25%; close-contact businesses and other businesses the lesser of 25% or 10 customers; houses of worship 25%; lodging 40% (certified) / 25%; retail and dining close 9-10 p.m.; universal masks; four-rapid-response two-week closures; EO 2020-075 (NM-037) 14-day quarantine for all non-exempt arrivals; EO 2020-085 renewal through Jan. 8, 2021 (NM-044); PHO Dec. 9 non-essential surgeries prohibited Dec. 11-Jan. 4 (NM-043); NMSC Order 20-8500-042 protocols (NM-045); writ stay.

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)

New Mexico, first day (Jan. 1, 2021): Same as Dec. 31, 2020 (NM-047, NM-037, NM-044, NM-043, NM-045, NM-009).

New Mexico, last day (Mar. 31, 2021): Essential retail 75/50/33/25%; indoor dining 75/50/33/0%; universal masks; travel quarantine advisory only since Feb. 10 (EO 2021-006, NM-051); EO 2021-010 renewal through Apr. 2 (NM-052); PHO Apr. 5, 2021 LTC visitation order followed; court protocols; writ stay.

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)

New Mexico, first day (Apr. 1, 2021): Universal masks; EO 2021-010 (NM-052) then EO 2021-011 (NM-053); writ stay; court protocols.

New Mexico, last day (June 30, 2021): PHO June 2, 2021 (NM-057; through June 30): all counties Turquoise: mass gatherings of more than 150 prohibited; essential retail 75%; large entertainment venues 33% indoor / 75% outdoor; recreational facilities 50/75%; bars and clubs 33% indoor; restaurants 75% outdoor and (Turquoise) indoor per table; lodging 100% certified / 50%; vacation rentals 15 guests; masks for the not fully vaccinated; EO 2021-030 renewal through July 23 (NM-058); NMSC Order 21-8500-015 (NM-059); writ stay.

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)

New Mexico, first day (July 1, 2021): PHO June 30, 2021 (NM-060), effective July 1 through July 30: occupancy and gathering limits removed; masks required for all not fully vaccinated (para. 1); 'All businesses, establishments, and non-profit entities must adhere to the pertinent COVID-Safe Practices' (para. 3); rapid-response reporting (para. 2); private schools bound to PED Reentry Guidance and Toolkit (para. 4); $5,000 per-violation penalty (para. 6); EO 2021-030 emergency (NM-058); Apr. 5, 2021 LTC visitation order and vaccine-provider orders continued (para. 2); NMSC Order 21-8500-015 protocols (NM-059); NMSC writ stay (NM-009).

New Mexico, last day (Sept. 30, 2021): EO 2021-054 emergency renewed through Oct. 15 (NM-069); PHO Sept. 15, 2021 masks (NM-070): every person aged 2+ must wear a mask in all indoor public settings through Oct. 15; PHO Sept. 15, 2021 vaccinations (NM-071): hospital workers, congregate-care workers and Governor's-office employees fully vaccinated or exempt-and-tested weekly, school workers vaccinated or tested weekly and masked, hospital reporting; EO 2021-046 State employees vaccinate-or-test (NM-063); NMSC Order 21-8500-021 courthouse masks, testing of unvaccinated judicial employees, vaccination of new hires (NM-066); writ-of-restitution stay (NM-009; lifted in phases only from Jan. 4, 2022, NM-072); CSP adherence and rapid-response reporting (NM-067/070 paras. 2-3).

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

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

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

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

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

Layer	2020 Q2	2020 Q3	2020 Q4	2021 Q1	2021 Q2	2021 Q3	Total
Federal layer	179	163	160	175	165	167	330
State of New Mexico	26	18	23	18	16	20	75
Agencies, boards and authorities	4	6	9	7	3	2	14
Standing duties	39	43	47	43	48	43	64
All layers	248	230	239	243	232	232	483

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 New Mexico

Ex. NM-006

New Mexico Public Health Emergency Order (Mar. 23, 2020; eff. Mar. 24, 8:00 a.m.)

Public Health Emergency Order Closing All Businesses and Non-Profit Entities Except for those Deemed Essential and Providing Additional Restrictions on Mass Gatherings Due to COVID-19

Secretary of Health Kathyleen M. Kunkel, 'as directed by the Governor pursuant to the full scope of her emergency powers', New Mexico (State)

Dates: In force from Mar. 24, 2020 to May 15, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capWorkplace rulesSupply chain
Functions reached: OF/OP offices closed (100% in-person reduction); SF sales floors closed; PF non-essential production floors closed; CC call centers closed; LG lodging 50%; GATH all gatherings of 5+; CB customer base under stay-home advisory; WF workforce (schools closed, child care limited to essential workers); SC supply chain (essential list; three-item limits)
Grade: Primary source read
Days in this quarter: 53

'Mass gathering' means any public or private gathering that brings together five (5) or more individuals in a single room or connected space, confined outdoor space or an open outdoor space where individuals are within six (6) feet of each other... (1) All Mass Gatherings are hereby prohibited... (2) All businesses, except those entities identified as 'essential businesses', are hereby directed to reduce the in-person workforce at each business or business location by 100%. 'Essential businesses' may remain open provided they minimize their operations and staff to the greatest extent possible.... (3) This Order only requires the closure of physical office spaces, retail spaces, or other public spaces of a business and does not otherwise restrict the conduct of business operations through telecommuting or otherwise working from home in which an employee only interacts with clients or…

Enforcement: Para. 7: Department of Public Safety, DHSEM, Environment Department and all State agencies 'authorized to take all appropriate steps to ensure compliance'; Public Health Act Section 24-1-21 (misdemeanor); Section 12-10A-19 civil administrative penalties; NMSA 1978, 12-10A-6 (supply rationing)

Citation: Secretary of Health Kathyleen M. Kunkel, 'as directed by the Governor pursuant to the full scope of her emergency powers', New Mexico Public Health Emergency Order (Mar. 23, 2020; eff. Mar. 24, 8:00 a.m.) (Ex. NM-006) Open the exhibit

Ex. NM-010

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending the March 23, 2020 Public Health Emergency Order Closing All Businesses and Non-Profit Entities Except for those Deemed Essential (Apr. 6, 2020)

Amended closure order of April 6, 2020

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from Apr. 7, 2020 to Apr. 30, 2020 (issued Apr. 6, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateCapacity limitGathering cap
Functions reached: OF; SF; LG; CC; GATH; CB
Grade: Primary source read
Days in this quarter: 24

(2) All businesses, except those entities identified as 'essential businesses', are hereby directed to reduce the in-person workforce at each business or business location by 100%.... (4) The maximum number of customers allowed in a 'retail space' at any given time shall be equal to 20% of the maximum occupancy of the retail space, as determined by the relevant fire marshal or fire department.... (6) Hotels, motels, RV parks, and other places of lodging shall not operate at more than twenty-five percent of maximum occupancy.... (7) All call centers situated in New Mexico are directed to reduce their in-person workforce by 100%. This includes any call center that is part of or supports an essential business.... (3) Nothing in this Order is intended to restrain or preempt local authorities from enacting more stringent restrictions than those required by the Order. (4) This Order shall take…

Enforcement: Para. 10: State agencies authorized to ensure compliance; Section 24-1-21; Section 12-10A-19

Citation: Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending the March 23, 2020 Public Health Emergency Order Closing All Businesses and Non-Profit Entities Except for those Deemed Essential (Apr. 6, 2020) (Ex. NM-010) Open the exhibit

Ex. NM-011

Amended Public Health Emergency Order of April 11, 2020 (houses of worship)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending the March 23 and April 6, 2020 Orders

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from Apr. 11, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureCapacity limitGathering capEvents and venues
Functions reached: WS worship services; GATH; OF; SF
Grade: Primary source read
Days in this quarter: 20

(1) All Mass Gatherings are hereby prohibited... Churches, synagogues, mosques, and all other houses of worship shall adhere to this restriction, but nothing in this order is intended to preclude these faith-based institutions from holding services through audiovisual means.

Enforcement: As NM-010

Citation: Secretary of Health Kathyleen M. Kunkel, Amended Public Health Emergency Order of April 11, 2020 (houses of worship) (Apr. 11, 2020) (Ex. NM-011) Open the exhibit

Ex. NM-012

Public Health Emergency Order of April 30, 2020 amending the March 23, April 6 and April 11 closure orders

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending the March 23, 2020, April 6, 2020, and April 11 Public Health Emergency Orders Closing All Businesses and Non-Profit Entities Except for those Deemed Essential and Providing Additional Restrictions on Mass Gatherings Due to COVID-19

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from Apr. 30, 2020 to May 15, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capWorkplace rules
Functions reached: OF; SF (curbside only); CU curbside; LG; CC; GATH; FC golf
Grade: Primary source read
Days in this quarter: 16

(2) All businesses, except those entities identified as 'essential businesses', are hereby directed to reduce the in-person workforce at each business or business location by 100%, except as provided herein. Retail businesses that are not 'essential businesses' may operate to the minimum extent necessary to provide curbside pickup and/or delivery... (5) The maximum number of customers allowed in a 'retail space' at any given time shall be equal to 20% of the maximum occupancy... (7) Hotels, motels, RV parks, and other places of lodging shall not operate at more than twenty-five percent of maximum occupancy.... (12) Golf courses may open on a modified basis.... (4) This Order shall take effect immediately and remain in effect through May 15, 2020.

Enforcement: Para. 13; Section 24-1-21; Section 12-10A-19

Citation: Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of April 30, 2020 amending the March 23, April 6 and April 11 closure orders (Apr. 30, 2020) (Ex. NM-012) Open the exhibit

Ex. NM-016

Public Health Emergency Order of May 15, 2020 (Phase 1 reopening; universal face coverings)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders Closing All Businesses and Non-Profit Entities Except for those Deemed Essential

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from May 16, 2020 to May 31, 2020 (issued May 15, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureCapacity limitGathering capFace-covering requirementWorkplace rules
Functions reached: SF 25%; OF 25%; SL salons closed; FC gyms closed; DR dine-in closed; LG 25%; WS 25%; GATH 5; MASK all persons
Grade: Primary source read
Days in this quarter: 16

(1) Except as provided elsewhere in this Order, all 'mass gatherings' [of five or more] are hereby prohibited... (2) 'Essential businesses' must operate in accordance with the pertinent 'COVID-Safe Practices (CSPs)' section(s) of the 'All Together New Mexico: COVID-Safe Practices for Individuals and Employers'. (3) 'Close-contact businesses' and 'recreational facilities' must remain closed. (4) Any business that is not identified as an 'essential business', a 'close-contact business', or a 'recreational facility' may open provided that the total number of persons situated within the business does not exceed 25% of the maximum occupancy of any enclosed space... (5) 'houses of worship' may not exceed 25%... (6) 'Places of lodging' shall not operate at more than 25% percent of maximum occupancy.... (7) Unless a healthcare provider instructs otherwise, all individuals shall wear a mask or…

Enforcement: Para. 14 State agencies; Section 24-1-21 ($100 fine per Governor's July 1, 2020 release); Section 12-10A-19

Citation: Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of May 15, 2020 (Phase 1 reopening; universal face coverings) (Ex. NM-016) Open the exhibit

Ex. NM-005

Amended Public Health Emergency Order Limiting Mass Gatherings and Implementing Other Restrictions Due to COVID-19 (Mar. 19, 2020)

Public Health Emergency Order Limiting Mass Gatherings and Implementing Other Restrictions Due to COVID-19

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from Mar. 19, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closureCapacity limitGathering capAlcohol and bars
Functions reached: DR; BA; ML malls; FC gyms; PE theaters; LG lodging; GATH; SL spas
Grade: Primary source read
Days in this quarter: 104 (in force on the last day)

PREFACE... The core directive underlying this Order is that New Mexicans should not leave their homes unless absolutely necessary or to access essential services.... 'Mass gathering' means any public or private gathering that brings together ten (10) or more individuals... (2) All restaurants, bars, breweries, eateries, and other food service establishments are limited to providing take-out service and home delivery only. (3) Indoor shopping malls, recreational facilities, health clubs, resort spas, athletic facilities, theaters including movie theaters, and flea markets are directed to close... (4) Typical business environments that are not engaged in the provision of an essential service should limit operations to the greatest extent possible and minimize employee contact.... (6) Hotels, motels, and other places of lodging shall not operate at more than fifty percent of maximum…

Enforcement: Para. 7: Department of Public Safety, DHSEM, Environment Department, Regulation and Licensing Department 'authorized to take all appropriate steps to ensure compliance'; Governor's Mar. 18 release: violators could lose licenses; Section 24-1-21

Citation: Secretary of Health Kathyleen M. Kunkel, Amended Public Health Emergency Order Limiting Mass Gatherings and Implementing Other Restrictions Due to COVID-19 (Mar. 19, 2020) (Ex. NM-005) Open the exhibit

Ex. NM-014

Executive Order 2020-027

Granting City of Gallup's Request for Declaration of Emergency; Imposing Business Closures; Closing Certain Roadways; Limiting Gatherings

Governor Michelle Lujan Grisham, New Mexico (City of Gallup, McKinley County) (State)

Dates: In force from May 1, 2020 to May 4, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureGathering capTravel and quarantineCurfew and hours
Functions reached: SF; DR; TR travel and access; CB regional customer base (thousands of daily shoppers); DS deliveries; WF
Grade: Primary source read
Days in this quarter: 4

1. All businesses and nonprofits must close between 5:00 [P.M.] and 8:00 A.M. This directive excludes hospitals, urgent care centers, residential treatment facilities, stepdown care services, and related healthcare operations; 2. All roadways providing access to the City of Gallup shall be closed and only Gallup residents, those who work in Gallup, and members of the media shall be permitted entry into the municipality; 3. No more than two (2) people shall be allowed in any vehicle... 4. Gallup residents should shelter in place and stay in their homes unless travel is absolutely necessary

Enforcement: Riot Control Act, NMSA 1978, Section 12-10-20 (violation a misdemeanor); State Police road closures

Citation: Governor Michelle Lujan Grisham, Executive Order 2020-027 (May 1, 2020) (Ex. NM-014) Open the exhibit

Ex. NM-018

Public Health Emergency Order of May 27, 2020 (outdoor dining)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending the March 23, 2020, April 6, 2020, April 11, April 30, 2020, May 5, 2020, and May 15, 2020, Public Health Emergency Orders

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from May 27, 2020 to May 31, 2020
Quarters: 2020 Q2
Limitations: Business closureCapacity limitGathering capFace-covering requirementAlcohol and bars
Functions reached: DR outdoor only; BA closed; SL closed; LG 25%
Grade: Primary source read
Days in this quarter: 5

[Restaurants] may also offer dine-in service in outdoor seating areas only at up to 50% of their outdoor area fire code occupancy, if applicable. No dine-in service may be provided in indoor seating areas. Outdoor dine-in service may only be provided to patrons who are seated.... (3) 'Close-contact businesses' and 'recreational facilities' must remain closed.... (6) Bars are not permitted to operate other than for take-out and delivery... (8) 'Places of lodging' shall not operate at more than 25% percent of maximum occupancy.... This Order shall take effect immediately and remain in effect through May 31, 2020.

Enforcement: As NM-016

Citation: Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of May 27, 2020 (outdoor dining) (Ex. NM-018) Open the exhibit

Ex. NM-021

Public Health Emergency Order of June 1, 2020 (indoor dining, gyms, salons, malls reopen with limits)

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from June 1, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closureCapacity limitGathering capFace-covering requirementAlcohol and barsWorkplace rules
Functions reached: DR 50% indoor; BA closed; FC 50%; SL 25% by appointment; ML 25%; LG 50%; WS 25%; GATH 5; MASK
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

(1)... all 'mass gatherings' are hereby prohibited... (2) 'houses of worship' may not exceed 25%... (3) Essential businesses may open but must operate in accordance with the pertinent 'COVID-Safe Practices (CSPs)'... (4) 'Recreational facilities' must remain closed. (5) Any business that is not identified as an 'essential business' or a 'recreational facility' may open provided that the total number of persons situated within the business does not exceed 25% of the maximum occupancy... (7) Indoor shopping malls are permitted to operate [at] 25%... food courts must remain closed. (8) Gyms and similar exercise facilities may operate at up to 50%... but may not conduct group fitness classes.... (11) Bars are not permitted to operate other than for take-out and delivery... (12) 'Places of lodging' shall not operate at more than 50% percent of maximum occupancy.... (13)... all individuals…

Enforcement: Para. 20; Sections 24-1-21, 12-10A-19

Citation: Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of June 1, 2020 (indoor dining, gyms, salons, malls reopen with limits) (Ex. NM-021) Open the exhibit

Ex. NM-022

Public Health Emergency Order of June 15, 2020 (breweries)

Public Health Emergency Order... Amending the March 23, 2020... June 1, 2020, and June 12, 2020 Public Health Emergency Orders Closing All Businesses and Non-Profit Entities Except for those Deemed Essential

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from June 15, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closureCapacity limitGathering capFace-covering requirementAlcohol and bars
Functions reached: BA breweries 50%; DR; GATH; MASK
Grade: Primary source read
Days in this quarter: 16 (in force on the last day)

breweries may provide dine-in service, but they may not exceed 50% occupancy of the maximum occupancy of any enclosed space on their premises... breweries choosing to open must ensure that there is at least six feet of distance between tables... (11) Bars are not permitted to operate other than for take-out and delivery

Enforcement: As NM-021

Citation: Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of June 15, 2020 (breweries) (Ex. NM-022) Open the exhibit

Ex. NM-023

Public Health Emergency Order of June 30, 2020 (extension; retail mask-entry rule)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from June 30, 2020 to July 15, 2020
Quarters: 2020 Q22020 Q3
Limitations: Business closureCapacity limitGathering capFace-covering requirementAlcohol and barsWorkplace rules
Functions reached: SF (mask-entry duty); DR 50%; BA; FC; LG; GATH 5; MASK
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

(1)... all 'mass gatherings' are hereby prohibited... An indoor or outdoor parade of any sort is a mass gathering... (6) [A 'retail space'] may not allow a person who is without a mask or multilayer cloth face covering to enter the premises except where that person is in possession of a written exemption from a healthcare provider.... (8) Gyms and similar exercise facilities may operate at up to 50%... (11) Bars are not permitted to operate other than for take-out and delivery... (12) 'Places of lodging' shall not operate at more than 50%... This Order shall take effect immediately and remain in effect through July 15, 2020.

Enforcement: Governor's July 1, 2020 release: 'In accordance with state law, violators will be subject to a $100 fine. In addition, retailers will now be required to ensure that their customers are wearing face coverings in order to enter store premises.' (Section 24-1-21)

Citation: Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of June 30, 2020 (extension; retail mask-entry rule) (Ex. NM-023) Open the exhibit

Ex. NM-015

Executive Order 2020-028

Granting City of Gallup's Second Request for Declaration of Emergency; Imposing Business Closures; Closing Certain Roadways; Limiting Gatherings

Governor Michelle Lujan Grisham, New Mexico (City of Gallup) (State)

Dates: In force from May 4, 2020 to May 7, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTravel and quarantineCurfew and hours
Functions reached: SF; DR; TR; DS deliveries (limited to food, medicine, water); CB
Grade: Primary source read
Days in this quarter: 4

1. All businesses and nonprofits must close between 8:00 P.M. and 5:00 A.M.... 2. All roadways providing access to the City of Gallup shall be closed and only Gallup residents, those who work in Gallup, and members of the media shall be permitted entry... trucks and shipping companies carrying supplies of food, medicine, and/or water may enter Gallup for the limited purpose of delivering those supplies.

Enforcement: Riot Control Act

Citation: Governor Michelle Lujan Grisham, Executive Order 2020-028 (May 4, 2020) (Ex. NM-015) Open the exhibit

Ex. NM-078

Directive of March 15, 2020 to State agencies (remote work; State buildings closed to the public; museums, historic sites and State parks closed)

Governor directs state government agencies to minimize face-to-face contact while continuing service delivery

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Mar. 16, 2020 to June 30, 2020 (issued Mar. 15, 2020)
Quarters: 2020 Q2
Limitations: Business closureTelework mandateCourts and public offices
Functions reached: DM motor-vehicle offices; CT public offices; OF State-agency counterparties; WF commuters (Rail Runner)
Grade: Confirmed from a secondary source
Days in this quarter: 107 (in force on the last day)

[Governor's release:] 'Closing all state museums, state historic sites, state parks and cultural institutions to the public effective Monday morning'; 'In government offices that provide direct service (for example, MVD), limiting staff and moving to an alternative or remote model of service; all other state government buildings and leased state offices are closed to the public'; 'Completing the transition of all employees who are able to work remotely to a remote work model'. The Rail Runner commuter rail ceased operations for the duration of the emergency.

Enforcement: Executive direction to agencies

Citation: Governor Michelle Lujan Grisham, Directive of March 15, 2020 to State agencies (remote work; State buildings closed to the public; museums, historic sites and State parks closed) (Mar. 15, 2020) (Ex. NM-078)

Ex. NM-004

Supreme Court Order No. 20-8500-002

In the Matter of Precautionary Measures for Court Operations in the New Mexico Judiciary During the COVID-19 Public Health Emergency

Supreme Court of New Mexico (Nakamura, C.J.), New Mexico (Court)

Dates: In force from Mar. 17, 2020 to July 6, 2020
Quarters: 2020 Q2
Limitations: Gathering capTravel and quarantineCourts and public offices
Functions reached: CT courts; CL closings and litigation; OF law-firm operations; CB litigants
Grade: Primary source read
Days in this quarter: 106 (in force on the last day)

all criminal jury trials... that have not yet commenced shall be suspended until April 30, 2020... All trials that are not required to be suspended under the terms of this order, all hearings, and other court-organized gatherings of any type and at any location shall be held in a manner that limits the gathering of individuals in a single, connected location within a courthouse or other building to no more than twenty-five (25) people... All judges shall have the discretion to authorize telephonic or audio-visual attendance

Enforcement: Order of the Supreme Court binding on every State court

Citation: Supreme Court of New Mexico (Nakamura, C.J.), Supreme Court Order No. 20-8500-002 (Mar. 17, 2020) (Ex. NM-004) Open the exhibit

Ex. NM-007

Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries (Mar. 24, 2020)

Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries; Providing Guidance on those Restrictions; and Requiring a Report from Certain Health Care Providers

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from Mar. 27, 2020 to Apr. 30, 2020 (issued Mar. 24, 2020)
Quarters: 2020 Q2
Limitations: Business closureHealth care orders
Functions reached: SX surgery and elective procedures; PR dental elective and aerosol procedures; CH chairside hygiene; OC outpatient clinics; CB patients; FD scheduling
Grade: Primary source read
Days in this quarter: 35

1. All hospitals and other health care facilities, ambulatory surgical facilities, dental, orthodontic and endodontic offices in the State of New Mexico are prohibited from providing non-essential health care services, procedures, and surgeries. 2.... 'non-essential health care services, procedures, and surgeries' include those which can be delayed for three (3) months without undue risk to the patient's health.... 4. The prohibition... will take effect on March 27, 2020. 5. Within three (3) days of the date of this Order, each health care provider or facility... shall submit to the New Mexico Department of Health a policy addressing how it will comply with this Order

Enforcement: Para. 6: 'A person who willfully violates this Order may be subject to civil administrative penalties, including fines up to $5,000 per violation, in addition to other civil or criminal penalties that may be available at law.'

Citation: Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries (Mar. 24, 2020) (Ex. NM-007) Open the exhibit

Ex. NM-019

Supreme Court Order No. 20-8500-020

In the Matter of Recommencing Jury Trials During the COVID-19 Public Health Emergency

Supreme Court of New Mexico, New Mexico (Court)

Dates: In force from May 28, 2020 to Dec. 14, 2020
Quarters: 2020 Q22020 Q3
Limitations: Gathering capCourts and public offices
Functions reached: CT courts; CL litigation calendars; CB litigants
Grade: Primary source read
Days in this quarter: 34 (in force on the last day)

this Court suspended civil and criminal jury trials until May 29, 2020, in Order No. 20-8500-013... civil and criminal jury trials may recommence between June 15, 2020, and July 15, 2020, in each judicial district pursuant to individualized plans submitted by the chief judge... the fifteen (15)-person maximum gathering restriction previously ordered by this Court may be exceeded if a minimum of six (6) feet in each direction between every individual can be maintained

Enforcement: Order of the Supreme Court

Citation: Supreme Court of New Mexico, Supreme Court Order No. 20-8500-020 (May 28, 2020) (Ex. NM-019) Open the exhibit

Ex. NM-001

Executive Order 2020-004

Order Declaring a State of Public Health Emergency and Invoking the Powers Provided by the All Hazard Emergency Management Act and the Emergency Licensing Act

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Mar. 11, 2020 to Oct. 15, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for every PHO; OP State offices
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

I hereby invoke and exercise all powers vested in my office under the All Hazard Emergency Management Act, NMSA 1978, 12-10-1 through 12-10-10.... all political subdivisions within New Mexico shall adhere to Section 12-10-10, which mandates compliance with and enforcement of this Order. 2. I further proclaim a public health emergency in accordance with NMSA 1978, 12-10A-5 of the Public Health Emergency Response Act.... The temporal scope of this emergency is for a period of 30 days and shall remain in effect until further notice.... All cabinets, departments, and agencies shall comply with the directives in this Order and any instruction given by the Department of Health.

Enforcement: NMSA 1978, Section 12-10-10 (political subdivisions must comply with and enforce); predicate for PHO penalties under Section 12-10A-19 ($5,000 civil administrative penalty per violation) and Section 24-1-21

Citation: Governor Michelle Lujan Grisham, Executive Order 2020-004 (Mar. 11, 2020) (Ex. NM-001) Open the exhibit

Ex. NM-002

Public Health Emergency Order restricting visitation at nursing facilities (Mar. 13, 2020)

Public Health Emergency Order limiting visitors at nursing facilities and congregate care settings due to COVID-19

Secretary of Health Kathyleen M. Kunkel (at the Governor's direction), New Mexico (State)

Dates: In force from Mar. 13, 2020 to Apr. 5, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Health care orders
Functions reached: VS visitation; RS residential care admissions; IN intake; CB residents and families
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

(b) All visitors entering a facility must thoroughly wash their hands upon entry, or use alcohol-based hand sanitizer containing at least 60% alcohol if soap and water are not available; (c) All visitors must have no fever (body temperature below 100 degrees Fahrenheit)... This Order shall remain in effect for the duration of Executive Order 2020-004.

Enforcement: Public Health Act, NMSA 1978, Section 24-1-21; Section 12-10A-19

Citation: Secretary of Health Kathyleen M. Kunkel (at the Governor's direction), Public Health Emergency Order restricting visitation at nursing facilities (Mar. 13, 2020) (Ex. NM-002) Open the exhibit

Ex. NM-077

K-12 public school closure (Mar. 13, 2020, effective Mar. 16 through Apr. 3; extended Mar. 27, 2020 through the end of the 2019-20 school year) and PED 'Reentry Guidance' (June 20, 2020) and 'COVID-19 Response Toolkit for New Mexico's Public Schools' (2021-22)

School closure orders and PED reentry instruments

Governor Michelle Lujan Grisham; Public Education Secretary Ryan Stewart, New Mexico (State)

Dates: In force from Mar. 16, 2020 to Apr. 5, 2021 (issued Mar. 13, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: WF workforce with school-age children; IN in-person instruction; EC child care
Grade: Confirmed from a secondary source
Days in this quarter: 107 (in force on the last day)

[Governor's Mar. 13, 2020 release:] 'The order closing all public pre-schools and K-12 schools will be effective through April 3 and may be extended'; [Mar. 27 release:] 'a new executive order that extends the closing through the end of the school year'; [PHO Aug. 28, 2020 onward, NM-028 para. 11:] private schools 'shall adhere to the face covering and other COVID-Safe Practices requirements for in-person instruction described in the document Reentry Guidance published by New Mexico's Public Education Department on June 20, 2020'.

Enforcement: PED authority; PHO penalties for private schools

Citation: Governor Michelle Lujan Grisham; Public Education Secretary Ryan Stewart, K-12 public school closure (Mar. 13, 2020, effective Mar. 16 through Apr. 3; extended Mar. 27, 2020 through the end of the 2019-20 school year) and PED 'Reentry Guidance' (June 20, 2020) and 'COVID-19 Response Toolkit for New Mexico's Public Schools' (2021-22) (Ex. NM-077)

Ex. NM-073

Declaration of Local Public Health Emergency (Mar. 18, 2020), as described in the City's release

Mayor Keller Declares Local Public Health Emergency Due to COVID-19

Mayor Timothy M. Keller, City of Albuquerque, New Mexico (City)

Dates: In force from Mar. 18, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Emergency declaration
Functions reached: predicate for City actions (facility closures, remote services)
Grade: Confirmed from a secondary source
Days in this quarter: 105 (in force on the last day)

[City release:] the emergency declaration enables the City to direct funds for the coronavirus response and request additional resources from the state and federal government; it does not limit firearm sales, prohibit liquor sales, close streets, or declare a curfew.

Enforcement: Municipal ordinance

Citation: Mayor Timothy M. Keller, Declaration of Local Public Health Emergency (Mar. 18, 2020), as described in the City's release (Ex. NM-073) Open the exhibit

Ex. NM-009

Supreme Court Order No. 20-8500-007

In the Matter of the Stay of Writs of Restitution Issued Under the Uniform Owner-Resident Relations Act During the COVID-19 Public Health Emergency

Supreme Court of New Mexico, New Mexico (Court)

Dates: In force from Mar. 24, 2020 to Jan. 4, 2022
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management (evictions); SV servicing and collections; CB tenants; CL landlord-tenant litigation
Grade: Primary source read
Days in this quarter: 99 (in force on the last day)

judges presiding in eviction proceedings arising under the Uniform Owner-Resident Relations Act shall stay the execution of writs of restitution issued for non-payment of rent only under NMSA 1978, Section 47-8-46(A) (1995)... the judge presiding in the case must be satisfied that the resident has demonstrated by a preponderance of the evidence a current inability to pay the monthly rent... this order shall remain in effect until amended or withdrawn by future order of the Court.

Enforcement: Binding on every court; stays also toll appeal deadlines

Citation: Supreme Court of New Mexico, Supreme Court Order No. 20-8500-007 (Mar. 24, 2020) (Ex. NM-009) Open the exhibit

Ex. NM-008

Public Health Emergency Order Temporarily Regulating the Sale and Distribution of Personal Protective Equipment Due to Shortages Caused by COVID-19 (Mar. 24, 2020)

Public Health Emergency Order Temporarily Regulating the Sale and Distribution of Personal Protective Equipment Due to Shortages Caused by COVID-19

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from Mar. 25, 2020 to Apr. 30, 2020 (issued Mar. 24, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Health care ordersSupply chain
Functions reached: SC supply chain (PPE); DS distribution; WH warehouse
Grade: Primary source read
Days in this quarter: 37

1. No health care provider or wholesale medical supplier in New Mexico with an inventory of PPE may reduce its inventory of PPE by selling, allocating, or otherwise distributing it without prior approval from the New Mexico Department of Health.... 2. No health care provider or wholesale medical supplier in New Mexico may sell, allocate, or otherwise distribute PPE outside of New Mexico without prior approval... 3. Within three (3) business days of this Order, each healthcare provider and wholesale medical supplier... shall make a report to the New Mexico Department of Health describing its inventory of PPE.

Enforcement: Para. 6: civil administrative penalties including fines up to $5,000 per violation

Citation: Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order Temporarily Regulating the Sale and Distribution of Personal Protective Equipment Due to Shortages Caused by COVID-19 (Mar. 24, 2020) (Ex. NM-008) Open the exhibit

Ex. NM-075

Executive Order 2020-013

Order Directing Individuals Arriving in New Mexico by Air to Self-Isolate or Self-Quarantine

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Mar. 27, 2020 to June 1, 2020
Quarters: 2020 Q2
Limitations: Travel and quarantineQuarantine and isolation
Functions reached: TV; MC; CS; CB
Grade: Confirmed from a secondary source
Days in this quarter: 67

[Governor's Mar. 27, 2020 release:] air travelers must 'self-isolate for at least 14 days or for the duration of their stay in the state, whichever is shorter'; exempt: airline employees, public safety and public health, military, federal employees, national defense contractors, emergency responders, health care workers, shipping and freight employees; non-compliance 'could result in forced isolation or quarantine by the New Mexico Health Department'.

Enforcement: PHERA isolation and quarantine proceedings

Citation: Governor Michelle Lujan Grisham, Executive Order 2020-013 (Mar. 27, 2020) (Ex. NM-075)

Ex. NM-013

Public Health Emergency Order Modifying Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries (Apr. 30, 2020)

Public Health Emergency Order Modifying Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from Apr. 30, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: SX; PR dental procedures; OC; VS visitation; IC infection control; SC PPE conservation; FD scheduling
Grade: Primary source read
Days in this quarter: 62 (in force on the last day)

1. All hospitals and other health care facilities, ambulatory surgical facilities, dental, orthodontic and endodontic offices in the State of New Mexico are prohibited from providing non-essential health care services, procedures, and surgeries, except under the conditions provided below. 2. Medical practitioners may gradually resume operations in compliance with guidelines provided by the New Mexico Department of Health... 'Reopening Guidelines: Medical Offices.' 3. Hospitals and ambulatory surgical facilities may gradually resume operations in compliance with... 'Medically Necessary Surgery and Procedural Guidelines.' 4. To reopen or expand ambulatory or inpatient surgery, a facility must affirm past compliance with all current Public Health Emergency Orders and demonstrate... Reporting daily to the Department via the HAvBED system... Restricting visitors in healthcare settings

Enforcement: Civil administrative penalties up to $5,000 per violation (as in NM-007)

Citation: Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order Modifying Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries (Apr. 30, 2020) (Ex. NM-013) Open the exhibit

Ex. NM-017

Supreme Court Order No. 20-8500-017

In the Matter of the Use of Protective Face Coverings in New Mexico Courts During the COVID-19 Public Health Emergency

Supreme Court of New Mexico, New Mexico (Court)

Dates: In force from May 16, 2020 to July 6, 2020 (issued May 15, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementCourts and public offices
Functions reached: CT courts; CL closings and hearings; CB litigants
Grade: Primary source read
Days in this quarter: 46 (in force on the last day)

effective May 16, 2020, the use of a mask or other protective face covering that covers the nose and mouth shall be required by anyone entering and while in a courthouse, judicial building, or other physical space used, occupied, or operated by the New Mexico Judiciary

Enforcement: Order of the Supreme Court

Citation: Supreme Court of New Mexico, Supreme Court Order No. 20-8500-017 (May 15, 2020) (Ex. NM-017) Open the exhibit

Ex. NM-020

Executive Order 2020-036

Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004, Other Powers Invoked in That Order, and All Other Orders and Directives Contained in Executive Orders Tied to the Ongoing Public Health Emergency

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from June 1, 2020 to July 1, 2020
Quarters: 2020 Q2
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

Executive Orders 2020-022, 2020-026, and 2020-030 shall be renewed and extended through June [30, 2020]... This Executive Order shall take effect immediately and shall remain in effect until July 1, 2020 unless renewed, modified, or until the Governor rescinds it.

Enforcement: Section 12-10-10

Citation: Governor Michelle Lujan Grisham, Executive Order 2020-036 (June 1, 2020) (Ex. NM-020) Open the exhibit

Agencies, boards and authorities: New Mexico

Ex. AGY-ST-GAMING-RACING-089

Director's letter to licensees: Notice of Cessation of Games of Chance in accordance with the Amended Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19

Bingo operators and nonprofit gaming licensees directed to cease the conduct of all games of chance until further notice and to close their facilities for the duration of the Order and the public health emergency; no gatherings over ten persons; cessation to be reported to the Board by 5:00 p.m.

New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, New Mexico Gaming Control Board (State gaming regulator) (Sector regulator)

Dates: In force from Mar. 19, 2020 to Feb. 24, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Business closureGathering cap
Functions reached: FC/GATH bingo halls and nonprofit club gaming rooms closed for eleven months; WS/EV fraternal and veterans organizations' facilities closed to all gatherings over ten; OP cessation reports and forms to the Board
Grade: Primary source read
Days in this quarter: 104 (in force on the last day)

Due to the statewide public health emergency declared by Governor Lujan Grisham on March 11, 2020 and the Amended Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 issued by the Cabinet Secretary of the Department of Health today, you are directed to cease the conduct of all games of chance until further notice. Your facilities are to be closed for the duration of this Order and the Governor's declared public health emergency, which applies to all recreational facilities. You are also advised that your organizations should not hold any gatherings of over 10 persons for any purpose... Criminal and civil penalties apply to any violations of the Orders of the Governor and the Department of Health Cabinet Secretary.

Enforcement: 'Criminal and civil penalties apply to any violations of the Orders of the Governor and the Department of Health Cabinet Secretary' (NMSA 1978, § 12-10A-19); Board licensing authority (§ 60-2E-7)

Citation: New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, Director's letter to licensees: Notice of Cessation of Games of Chance in accordance with the Amended Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 (Mar. 19, 2020) (Ex. AGY-ST-GAMING-RACING-089) Open the exhibit

Ex. AGY-ST-GAMING-RACING-090

Director's letter to bingo and gaming licensees re: Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19

Licensees advised not to allow more than 100 persons to gather on their premises, including bingo occasions and normal gaming operations; suspensions to be reported to the Board

New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, New Mexico Gaming Control Board (State gaming regulator) (Sector regulator)

Dates: In force from Mar. 13, 2020 to Mar. 19, 2020
Quarters: 2020 Q2
Limitations: Gathering cap
Functions reached: GATH bingo occasions and club events capped at 100 persons from Mar. 12, 2020; OP notification of cessation
Grade: Primary source read
Days in this quarter: 7 (in force on the first day)

At a minimum, you are advised to not allow more than 100 persons to gather at your organizations' premises, including bingo occasions and any other events as well as normal operations involving gaming activities. This is per the Emergency Order of the Department of Health Cabinet Secretary, which is attached for your review. It should also be noted that this gathering limit also applies to your organization's other functions or operations, whether or not gaming activity is taking place.

Enforcement: Department of Health order (§ 12-10A-19); Board rules and Minimum Internal Controls

Citation: New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, Director's letter to bingo and gaming licensees re: Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 (Mar. 13, 2020) (Ex. AGY-ST-GAMING-RACING-090) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-047

NMCD release, 'Extension of visitation changes' (Apr. 28, 2020)

Suspension of in-person visitation and volunteer entry into facilities extended, in alignment with the Governor's Public Health Order and Department of Health guidelines

New Mexico Corrections Department, New Mexico Corrections Department; State level (State)

Dates: In force from Apr. 28, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Gathering cap
Functions reached: VS visitors; VL volunteer programs
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

The New Mexico Corrections Department is extending all precautionary measures in response to COVID-19 in alignment with Governor Michelle Lujan Grisham's Public Health Order and the Department of Health guidelines.... To continue to protect our inmate populations, staff, and institutions the suspension of in-person visitation and volunteer entry into facilities has been extended. The Department will adjust this suspension in alignment with the Governor's direction and public health guidelines.

Enforcement: Secretary's authority (NMSA 1978, § 33-1-6)

Citation: New Mexico Corrections Department, NMCD release, 'Extension of visitation changes' (Apr. 28, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-047) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-063

Memorandum to registrants of March 24, 2020

Regarding the ongoing developments related to the coronavirus (COVID-19) situation (Division operations; telework; remote examinations)

Benjamin Schrope, Interim Director, Securities Division, New Mexico; Securities Division, Regulation and Licensing Department (State securities regulator) (Sector regulator)

Dates: In force from Mar. 24, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Telework mandateOther
Functions reached: WM registrants (examinations conducted remotely); OP the regulator's own office closed to in-person work
Grade: Primary source read
Days in this quarter: 99 (in force on the last day)

As of March 24, 2020: Division staff are primarily teleworking from home... [The Division will conduct] remote examinations using phone and email correspondence in lieu of [on-site examinations]... [staff will use] forms of telecommunications technology to complete their work in a virtual [environment].

Enforcement: Administrative notice (no penalty provision)

Citation: Benjamin Schrope, Interim Director, Securities Division, Memorandum to registrants of March 24, 2020 (Mar. 24, 2020) (Ex. AGY-ST-INSURANCE-BANKING-063) Open the exhibit

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

Federal layer

Ex. FED-029

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332

General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-333

General Order 72-6

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

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

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

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

Enforcement: court order

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

Ex. FED-154

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

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

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

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

Enforcement: F-tag F563 and F880 survey enforcement

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

Ex. FED-030

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-006

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

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-202

Proclamation 9993

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-203

Proclamation 9996

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

President Donald J. Trump, United States (Federal)

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

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

Enforcement: Sec. 3 implementation by State and DHS

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

Ex. FED-311

Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

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

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

Enforcement: court order

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

Ex. FED-367

Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

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

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

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

Enforcement: VA program guidance to participants

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

Ex. FED-194

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

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

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

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

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

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

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

Ex. FED-070

Executive Order 13909

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

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

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

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

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

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

Ex. FED-265

OMB Memorandum M-20-17

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

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

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

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

Enforcement: OMB directive to awarding agencies

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

Ex. FED-292

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

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

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

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

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

Enforcement: order of the Court

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

Ex. FED-381

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

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

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

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

Enforcement: USDA program requirements

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

Ex. FED-034

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

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

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

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

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

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

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

Ex. FED-039

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

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

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

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

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

Enforcement: 42 U.S.C. § 271

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

Ex. FED-132

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

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

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

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

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

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

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

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

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

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

State of New Mexico

Ex. NM-026

Public Health Emergency Order of July 13, 2020 (indoor dining closed; parks residents only; masks while exercising)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending the March 23, 2020... Orders Closing All Businesses and Non-Profit Entities Except for those Deemed Essential

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from July 13, 2020 to July 30, 2020
Quarters: 2020 Q3
Limitations: Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineAlcohol and barsEvents and venues
Functions reached: DR indoor closed (outdoor 50% per Governor's release and NM-027); BA; FC 25%; SP sports leagues; TV out-of-State visitors barred from parks; MASK; GATH 5
Grade: Primary source read
Days in this quarter: 18

(1)... An indoor or outdoor parade of any sort is a mass gathering; parades are therefore prohibited... (6) A 'retail space' may not allow a person who is without a mask or multilayer cloth face covering to enter the premises... (8) 'Close contact facilities' may operate at up to 25%... All individuals inside a 'close contact facility' must wear face-coverings.... (13)... all individuals shall wear a mask or multilayer cloth face covering in public settings except when eating, drinking, or swimming.... (18) Organized amateur contact sports are prohibited.... (19) State parks... shall only be open to New Mexico residents.... (4) This Order shall take effect on July 13, 2020 and remain in effect through July 30, 2020.

Enforcement: Para. 21; Section 24-1-21 ($100); Section 12-10A-19

Citation: Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of July 13, 2020 (indoor dining closed; parks residents only; masks while exercising) (Ex. NM-026) Open the exhibit

Ex. NM-027

Public Health Emergency Order of July 30, 2020

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders

Secretary of Health Kathyleen M. Kunkel, New Mexico (State)

Dates: In force from July 30, 2020 to Aug. 28, 2020
Quarters: 2020 Q3
Limitations: Business closureCapacity limitGathering capFace-covering requirementTravel and quarantine
Functions reached: DR outdoor only; SL 25%; AM closed; WS 25%; LG 50%; GATH 5; MASK
Grade: Primary source read
Days in this quarter: 30

(2)... an 'essential business' identified as a 'retail space' may not allow a person who is without a mask... to enter... (3) 'Close contact businesses' may operate at up to 25%... (4) 'Close-contact recreational facilities' must remain closed. (5) 'Food and drink establishments' may not provide dine-in service in indoor seating areas. 'Food and drink establishments' may provide dine-in service only in outdoor seating areas and must space tables at least six feet apart. No more than six patrons may be seated at any single table.... (6) 'Houses of worship' may not exceed 25%... (7)... state parks shall only be open to New Mexico residents... (8) 'Places of lodging' shall not operate at more than 50%... This Public Health Order shall take effect on July 30, 2020 and remain in effect through August 28, 2020.

Enforcement: As NM-026

Citation: Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of July 30, 2020 (Ex. NM-027) Open the exhibit

Ex. NM-028

Public Health Emergency Order of August 28, 2020 (indoor dining 25%; gatherings 10)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders

Acting Secretary of Health Billy J. Jimenez, New Mexico (State)

Dates: In force from Aug. 29, 2020 to Sept. 18, 2020 (issued Aug. 28, 2020)
Quarters: 2020 Q3
Limitations: Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child care
Functions reached: DR 25% indoor / 75% outdoor; WS 40%; SL 25%; AM closed; LG 50%; IN private school instruction; GATH 10; MASK
Grade: Primary source read
Days in this quarter: 21

(1)... all 'mass gatherings' [of more than ten] are hereby prohibited... (3) 'Close contact businesses' may operate at up to 25%... (4) 'Close-contact recreational facilities' must remain closed (5) 'Food and drink establishments' may provide dine-in service, but they may not exceed more than 25% occupancy... (6) 'Houses of worship' may not exceed 40%... (8) 'Places of lodging' shall not operate at more than 50%... (11) Private educational institutions serving children and young adults from pre-Kindergarten through 12th Grade... shall adhere to the face covering and other COVID-Safe Practices requirements for in-person instruction described in the document 'Reentry Guidance' published by New Mexico's Public Education Department... (4) This Public Health Order shall take effect on August 29, 2020 and remain in effect through September 18, 2020.

Enforcement: Para. 13; Sections 24-1-21, 12-10A-19

Citation: Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of August 28, 2020 (indoor dining 25%; gatherings 10) (Aug. 28, 2020) (Ex. NM-028) Open the exhibit

Ex. NM-030

Public Health Emergency Order of September 3, 2020 (lodging 75% for NM Safe Certified operators)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders

Acting Secretary of Health Billy J. Jimenez, New Mexico (State)

Dates: In force from Sept. 4, 2020 to Oct. 2, 2020 (issued Sept. 3, 2020)
Quarters: 2020 Q3
Limitations: Business closureCapacity limitGathering capFace-covering requirementSchools and child care
Functions reached: LG 75/50%; DR 25%; SL 25%; GATH 10; MASK
Grade: Primary source read
Days in this quarter: 27 (in force on the last day)

(8) 'Places of lodging' which have completed the NM Safe Certified training offered at https://nmsafecertified.org may operate up to 75% of maximum occupancy. All other 'places of lodging' shall not operate at more than 50% of maximum occupancy.... (12)... all individuals shall wear a mask or multilayer cloth face covering in public settings except when eating or drinking. Masks with vents shall not satisfy this requirement.... (4) This Public Health Order shall take effect on September 4, 2020 and remain in effect through October 2, 2020.

Enforcement: Para. 13; Sections 24-1-21, 12-10A-19

Citation: Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of September 3, 2020 (lodging 75% for NM Safe Certified operators) (Sept. 3, 2020) (Ex. NM-030) Open the exhibit

Ex. NM-032

Public Health Emergency Order of September 18, 2020

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders

Acting Secretary of Health Billy J. Jimenez, New Mexico (State)

Dates: In force from Sept. 18, 2020 to Oct. 16, 2020
Quarters: 2020 Q32020 Q4
Limitations: Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child care
Functions reached: DR 25%; SL 25%; AM closed; OF/SF 25%; LG 75/50%; WS 40%; GATH 10; MASK
Grade: Primary source read
Days in this quarter: 13 (in force on the last day)

(1)... all 'mass gatherings' [of more than 10] are hereby prohibited... (5) 'Food and drink establishments' may provide dine-in service, but they may not exceed more than 25% occupancy... (6) 'Houses of worship' may not exceed 40%... (8) 'Places of lodging' which have completed the NM Safe Certified training... may operate up to 75%... All other 'places of lodging' shall not operate at more than 50%... (9) Any business that is not identified [in a listed category] may open provided that the total number of persons situated within the business does not exceed 25%... (12)... all individuals shall wear a mask... (4) This Public Health Order shall take effect on September 18, 2020 and remain in effect through October 16, 2020.

Enforcement: Para. 13; Sections 24-1-21, 12-10A-19

Citation: Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of September 18, 2020 (Sept. 18, 2020) (Ex. NM-032) Open the exhibit

Ex. NM-025

Supreme Court Order No. 20-8500-025 with attached New Mexico Judiciary Public Health Emergency Protocols (Emergency Court Protocols Nos. 1-3)

In the Matter of the Safe and Effective Administration of the New Mexico Judiciary During the COVID-19 Public Health Emergency

Supreme Court of New Mexico, New Mexico (Court)

Dates: In force from July 6, 2020 to Dec. 14, 2020
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Telework mandateGathering capFace-covering requirementTravel and quarantineCourts and public officesWorkplace rules
Functions reached: CT courts and clerks; CL closings, recordings and hearings; OF law-firm operations; CB
Grade: Primary source read
Days in this quarter: 87 (in force on the last day)

Emergency Court Protocol No. 1: Precautionary Measures for Operating Courthouses and Other Judicial Buildings: A. Continuity of Court Operations; B. Health Screening and Self-Isolation Procedures; C. Face Mask Requirements; D. On-Site Employees and Telework Procedures; E. Travel Restrictions for Judicial Officers and Employees; F. Courthouse Cleaning Requirements. Protocol No. 2: Social Distancing and Use of Face Masks; Format of Court Proceedings; Conduct of Jury Trials. Protocol No. 3: Filing by Email and Fax; Exhibits in Remote Proceedings; Temporary Stays; Deadlines for Trials in Criminal Cases.

Enforcement: Order of the Supreme Court

Citation: Supreme Court of New Mexico, Supreme Court Order No. 20-8500-025 with attached New Mexico Judiciary Public Health Emergency Protocols (Emergency Court Protocols Nos. 1-3) (July 6, 2020) (Ex. NM-025) Open the exhibit

Ex. NM-024

Executive Order 2020-054

Amended Order Directing Individuals Traveling to New Mexico to Self-Isolate or Self-Quarantine for a Limited Period and Directing the New Mexico Department of Health to Initiate Lawful Isolation and Quarantine Proceedings for Individuals Who Do Not Self-Isolate or Self-Quarantine

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from July 1, 2020 to Sept. 3, 2020
Quarters: 2020 Q3
Limitations: Travel and quarantineQuarantine and isolation
Functions reached: TV travel demand; LG lodging (enforcement and reporting duty); MC meetings and conventions; CS client visits; EV events; CB out-of-State customers; WF commuting workforce
Grade: Primary source read
Days in this quarter: 65 (in force on the first day)

1. I direct that all persons who have arrived in New Mexico from a location outside of the State must self-isolate or self-quarantine for a period of at least 14 days from the date of their entry into the State of New Mexico or for the duration of their presence in the State, whichever is shorter. 2.... Any person who is self-isolating or self-quarantining may only leave a residence or place of lodging to receive medical care... 3. This Order's direction to self-quarantine does not apply to persons employed by airlines, those performing public safety or public health functions, military personnel, federal employees, those employed by a federal agency or national defense contractor, emergency first responders, health care workers, those arriving in the State pursuant to a Court order, and persons who are employed or contracted by an 'essential business'... who are traveling into New…

Enforcement: Involuntary isolation or quarantine by DOH under the Public Health Emergency Response Act; temporary holds, court orders, civil and criminal penalties under the PHERA and Public Health Act (paras. 6-8 in the amended orders)

Citation: Governor Michelle Lujan Grisham, Executive Order 2020-054 (July 1, 2020) (Ex. NM-024) Open the exhibit

Ex. NM-029

Executive Order 2020-059

Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Aug. 29, 2020 to Sept. 18, 2020 (issued Aug. 28, 2020)
Quarters: 2020 Q3
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 21

[Executive Orders 2020-022, 2020-026, 2020-030, 2020-036, 2020-053 and 2020-055 shall be] renewed and extended through September 18, 2020.... This Executive Order shall take effect August 29, 2020 and shall remain in effect until September 18, 2020

Enforcement: Section 12-10-10

Citation: Governor Michelle Lujan Grisham, Executive Order 2020-059 (Aug. 28, 2020) (Ex. NM-029) Open the exhibit

Ex. NM-031

Executive Order 2020-063

Second Amended Order Directing Individuals Traveling to New Mexico to Self-Isolate or Self-Quarantine

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Sept. 4, 2020 to Oct. 16, 2020 (issued Sept. 3, 2020)
Quarters: 2020 Q32020 Q4
Limitations: Travel and quarantineQuarantine and isolation
Functions reached: TV; MC; CS; EV; CB; WF
Grade: Primary source read
Days in this quarter: 27 (in force on the last day)

2. I direct all persons who have arrived in New Mexico from a state with a positive test rate higher than 80 per 1,000,000 residents or a test positivity rate greater than or equal to 5%, over a seven-day rolling average, or from outside the United States must self-isolate or self-quarantine for a period of at least 14 days from the date of their entry into the State of New Mexico or for the duration of their presence in the State, whichever is shorter. Persons who can show documentation of a valid negative COVID-19 test taken within seventy-two (72) hours before or after entry into New Mexico are exempt... 6. Individuals who do not comply with the self-isolation and self-quarantine directives set forth above shall be subject to involuntary isolation or quarantine by the New Mexico Department of Health under the Public Health Emergency Response Act.

Enforcement: Para. 8: temporary holds, court-ordered isolation or quarantine, civil or criminal penalties under the PHERA and Public Health Act

Citation: Governor Michelle Lujan Grisham, Executive Order 2020-063 (Sept. 3, 2020) (Ex. NM-031) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. NM-023	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of June 30, 2020 (extension; retail mask-entry rule) (Ex. NM-023)	In force from June 30, 2020 to July 15, 2020	Business closureCapacity limitGathering capFace-covering requirementAlcohol and barsWorkplace rules
Ex. NM-019	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-020 (May 28, 2020) (Ex. NM-019)	In force from May 28, 2020 to Dec. 14, 2020	Gathering capCourts and public offices
Ex. NM-001	Governor Michelle Lujan Grisham, Executive Order 2020-004 (Mar. 11, 2020) (Ex. NM-001)	In force from Mar. 11, 2020 to Oct. 15, 2021	Emergency declaration
Ex. NM-002	Secretary of Health Kathyleen M. Kunkel (at the Governor's direction), Public Health Emergency Order restricting visitation at nursing facilities (Mar. 13, 2020) (Ex. NM-002)	In force from Mar. 13, 2020 to Apr. 5, 2021	Health care orders
Ex. NM-077	Governor Michelle Lujan Grisham; Public Education Secretary Ryan Stewart, K-12 public school closure (Mar. 13, 2020, effective Mar. 16 through Apr. 3; extended Mar. 27, 2020 through the end of the 2019-20 school year) and PED 'Reentry Guidance' (June 20, 2020) and 'COVID-19 Response Toolkit for New Mexico's Public Schools' (2021-22) (Ex. NM-077)	In force from Mar. 16, 2020 to Apr. 5, 2021 (issued Mar. 13, 2020)	Face-covering requirementSchools and child care
Ex. NM-009	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-007 (Mar. 24, 2020) (Ex. NM-009)	In force from Mar. 24, 2020 to Jan. 4, 2022	Courts and public officesOther
Ex. NM-008	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order Temporarily Regulating the Sale and Distribution of Personal Protective Equipment Due to Shortages Caused by COVID-19 (Mar. 24, 2020) (Ex. NM-008)	In force from Mar. 25, 2020 to Apr. 30, 2020 (issued Mar. 24, 2020)	Health care ordersSupply chain
Ex. NM-013	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order Modifying Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries (Apr. 30, 2020) (Ex. NM-013)	In force from Apr. 30, 2020 to Sept. 30, 2020	Health care ordersWorkplace rules
Ex. NM-017	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-017 (May 15, 2020) (Ex. NM-017)	In force from May 16, 2020 to July 6, 2020 (issued May 15, 2020)	Face-covering requirementCourts and public offices

Agencies, boards and authorities: New Mexico

Ex. AGY-ST-LABOR-WORKPLACE-027

11.5.1 NMAC, Occupational Health and Safety - General Provisions, § 11.5.1.16 Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities, with history note

11.5.1 NMAC as codified (history: '11.5.1.16 NMAC - Rn & A, 11 NMAC 5.1.16, 10/30/2008; A, 7/16/2015; A/E, 8/5/2020; A/E, 12/3/2020, A, 1/26/2021; A, 5/31/2023')

New Mexico Environment Department; Environmental Improvement Board (permanent amendment); published by the Administrative Law Division, State Records Center and Archives, New Mexico; Occupational Health and Safety Bureau, New Mexico Environment Department (rule as codified by the State Records Center and Archives) (Sector regulator)

Dates: In force from Aug. 5, 2020 to May 31, 2023
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolation
Functions reached: EMP; HR; OP; WF
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

11.5.1.3 STATUTORY AUTHORITY: Sections 50-9-7, 50-9-13 and 74-1-9 NMSA 1978.... 11.5.1.16 RECORDKEEPING AND REPORTING OCCUPATIONAL INJURIES, ILLNESSES [AND FATALITIES]... [History:] 11.5.1.16 NMAC - Rn & A, 11 NMAC 5.1.16, 10/30/2008; A, 7/16/2015; A/E, 8/5/2020; A/E, 12/3/2020, A, 1/26/2021; A, 5/31/2023

Enforcement: NMSA 1978 §§ 50-9-10, 50-9-14 (emergency procedures for imminent danger)

Citation: New Mexico Environment Department; Environmental Improvement Board (permanent amendment); published by the Administrative Law Division, State Records Center and Archives, 11.5.1 NMAC, Occupational Health and Safety - General Provisions, § 11.5.1.16 Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities, with history note (Aug. 5, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-027) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-066

Emergency Amendment to 11.5.1.16 NMAC, Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities (new Subsection C, Reporting COVID-19 cases), effective Aug. 5, 2020

Emergency amendment: every employer shall report an employee's positive COVID-19 test to the Bureau within four hours

New Mexico Environment Department (James Kenney, Cabinet Secretary) for the Occupational Health and Safety Bureau, New Mexico; Occupational Health and Safety Bureau, New Mexico Environment Department (State-plan OSHA agency, statewide) (Sector regulator)

Dates: In force from Aug. 5, 2020 to Dec. 3, 2020
Quarters: 2020 Q32020 Q4
Limitations: Workplace rulesQuarantine and isolation
Functions reached: EMP; HR (four-hour reporting duty; Rapid Response cooperation, testing and closure actions); WF (quarantine of exposed workers directed through Rapid Response); OP; PF; SF; DR
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

This is an emergency amendment to 11.5.1 NMAC, Section 16 effective 08/05/2020... 11.5.1.16 RECORDKEEPING AND REPORTING OCCUPATIONAL INJURIES, ILLNESSES AND [FATALITIES]... C. Reporting COVID-19 cases: Within four (4) hours of learning that an employee tested positive for coronavirus disease 2019 (COVID-19), each employer shall report the positive test to the bureau at the email, telephone or facsimile number specified in Subsection B of this section.

Enforcement: NMED/OHSB citations and civil penalties under NMSA 1978 § 50-9-10; Rapid Response deployment (Ex. 067)

Citation: New Mexico Environment Department (James Kenney, Cabinet Secretary) for the Occupational Health and Safety Bureau, Emergency Amendment to 11.5.1.16 NMAC, Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities (new Subsection C, Reporting COVID-19 cases), effective Aug. 5, 2020 (Ex. AGY-ST-LABOR-WORKPLACE-066) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-067

NMED news release, 'Environment Department files emergency amendment to require employers to disclose positive COVID-19 cases to state' (Aug. 5, 2020)

NMED files emergency amendment requiring employers to report positive COVID-19 cases within four hours

New Mexico Environment Department, New Mexico; New Mexico Environment Department (Sector regulator)

Dates: In force from Aug. 5, 2020 to Dec. 31, 2020
Quarters: 2020 Q32020 Q4
Limitations: Workplace rules
Functions reached: EMP; HR; OP
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

Today, the New Mexico Environment Department (NMED) filed an emergency rule that requires employers to report positive COVID-19 cases to NMED within four hours of being notified of the [case]. The emergency amendment goes into effect today and will remain in effect for no more than 120 days... To date, there have been more than 600 cases where the employer knew of a positive worker before NMED, including more than 280 instances where the employer knew of the case at least three days before NMED.

Enforcement: As in Ex. 066

Citation: New Mexico Environment Department, NMED news release, 'Environment Department files emergency amendment to require employers to disclose positive COVID-19 cases to state' (Aug. 5, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-067) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-068

Reporting workplace COVID-19 cases to NMED: What you need to know (FAQs, Aug. 7, 2020)

OHSB emergency rule FAQs: four-hour reporting; rule in place for 120 days (to Dec. 3, 2020) unless made permanent; reporting channel

New Mexico Environment Department, New Mexico; New Mexico Environment Department, Occupational Health and Safety Bureau (Sector regulator)

Dates: In force from Aug. 5, 2020 to Dec. 3, 2020 (issued Aug. 7, 2020)
Quarters: 2020 Q32020 Q4
Limitations: Workplace rules
Functions reached: EMP; HR; OP
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

On Aug. 5, 2020, the New Mexico Environment Department (NMED) filed an emergency amendment to require employers to report positive COVID-19 cases in the workplace to the NMED Occupational Health and Safety Bureau within four hours of being notified of the case.... The emergency rule is in place for 120 days (Dec. 3, 2020), unless NMED proposes and the Environmental [Improvement Board adopts a permanent rule].

Enforcement: As in Ex. 066

Citation: New Mexico Environment Department, Reporting workplace COVID-19 cases to NMED: What you need to know (FAQs, Aug. 7, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-068) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-GAMING-RACING-089	New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, Director's letter to licensees: Notice of Cessation of Games of Chance in accordance with the Amended Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 (Mar. 19, 2020) (Ex. AGY-ST-GAMING-RACING-089)	In force from Mar. 19, 2020 to Feb. 24, 2021	Business closureGathering cap
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-047	New Mexico Corrections Department, NMCD release, 'Extension of visitation changes' (Apr. 28, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-047)	In force from Apr. 28, 2020 to Dec. 31, 2020	Gathering cap

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

Federal layer

Ex. FED-031

CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

Ex. FED-339

Eighth Amended General Order 20-0012

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

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

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

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

Enforcement: court order

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

Ex. FED-303

Standing Order 20-17

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

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

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

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

Enforcement: court order

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

Ex. FED-266

OMB Memorandum M-20-18

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

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

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

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

Enforcement: OMB directive to contracting officers

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

Ex. FED-104

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

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

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

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

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

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

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

Ex. FED-147

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

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

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

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

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

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

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

Ex. FED-267

OMB Memorandum M-20-19

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

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

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

State of New Mexico

Ex. NM-039

Public Health Emergency Order of November 13, 2020 (the two-week 'reset')

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders Limiting Businesses and Non-Profit Entities' Operations and Providing Additional Restrictions on Mass Gatherings Due to COVID-19

Acting Secretary of Health Billy J. Jimenez, New Mexico (State)

Dates: In force from Nov. 16, 2020 to Nov. 30, 2020 (issued Nov. 13, 2020)
Quarters: 2020 Q4
Limitations: Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursEvents and venuesWorkplace rules
Functions reached: OF/OP 100% in-person reduction; SF non-essential closed; DR all dine-in prohibited; LG closed unless certified (25%); ML malls closed; FC/AM outdoor recreation closed; PF non-essential production; WS 25%/75; GATH all; CB stay-home instruction; MASK; EMP
Grade: Primary source read
Days in this quarter: 15

Beginning November 16, 2020, I DIRECT as follows: (1) Except as provided elsewhere in this Order, all 'mass gatherings' are prohibited. (2) 'Houses of worship'... may not exceed the lesser of 25% of its maximum occupancy... or 75 individuals... (3) All businesses and non-profit entities, except those entities defined as 'essential businesses,' must reduce the in-person workforce at each business or business location by 100%. 'Essential businesses' may remain open, provided they minimize their operations and staff to the greatest extent possible.... 'Essential businesses' identified as a 'retail space' must close by 10:00 p.m.... may not exceed the lesser of either 25% of its maximum occupancy... or 75 customers... (4) 'Food and drink establishments' may not provide any indoor or outdoor dine-in service but may provide carryout service or delivery service... (5) This Order requires the…

Enforcement: Governor's Nov. 13 release: businesses face civil administrative penalties; Sections 12-10A-19, 24-1-21; State agencies authorized to ensure compliance

Citation: Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of November 13, 2020 (the two-week 'reset') (Nov. 13, 2020) (Ex. NM-039) Open the exhibit

Ex. NM-040

Amended Public Health Emergency Order of November 18, 2020 (reset tightened; big-box retail closed; animal grooming barred)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders Limiting Businesses and Non-Profit Entities' Operations

Acting Secretary of Health Billy J. Jimenez, New Mexico (State)

Dates: In force from Nov. 19, 2020 to Dec. 2, 2020 (issued Nov. 18, 2020)
Quarters: 2020 Q4
Limitations: Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursWorkplace rules
Functions reached: SF big-box closed; OF 100% reduction; DR; PS pet grooming closed; CU curbside only; LG; GATH; MASK
Grade: Primary source read
Days in this quarter: 14

Beginning November 19, 2020, I DIRECT as follows:... (3) All businesses and non-profit entities, except those entities defined as 'essential businesses,' must reduce the in-person workforce at each business or business location by 100%.... (4) 'Food and drink establishments' may not provide any indoor or outdoor dine-in service... (5) Notwithstanding paragraph (3), all businesses may conduct business operations through telecommuting or otherwise working remotely if employees do not interact with clients or customers in person. Further, businesses that are not identified as 'essential businesses' may operate to the minimum extent necessary to provide curbside pickup and/or delivery of goods... Animal grooming services cannot operate under any circumstances. (8) All outdoor recreational facilities must close.... (10) All indoor malls must close

Enforcement: As NM-039

Citation: Acting Secretary of Health Billy J. Jimenez, Amended Public Health Emergency Order of November 18, 2020 (reset tightened; big-box retail closed; animal grooming barred) (Nov. 18, 2020) (Ex. NM-040) Open the exhibit

Ex. NM-033

Public Health Emergency Order of October 16, 2020 (gatherings 5; 10 p.m. alcohol closing; lodging 60/25%)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders

Acting Secretary of Health Billy J. Jimenez, New Mexico (State)

Dates: In force from Oct. 16, 2020 to Nov. 13, 2020
Quarters: 2020 Q4
Limitations: Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careCurfew and hoursAlcohol and bars
Functions reached: GATH 5; DR 25% and 10 p.m. close; BA hours; LG 60/25%; SL 25%; SF 25%; IN private schools 25%; MASK
Grade: Primary source read
Days in this quarter: 29

(1)... all 'mass gatherings' [of more than five] are hereby prohibited... (2) 'Essential businesses' identified as a 'retail space' may not exceed 25%... (3) 'Close contact businesses' may operate at up to 25%... (5) 'Food and drink establishments' may provide dine-in service, but they may not exceed more than 25% occupancy... No bar or counter seating is permitted.... Any food and drink establishment that is permitted to serve alcohol must close by 10:00 p.m. (6) 'Houses of worship' may not exceed 40%... (8) 'Places of lodging' which have completed the NM Safe Certified training... may operate up to 60% of maximum occupancy. All other 'places of lodging' shall not operate at more than 25%... (11) Private educational institutions... shall operate with a maximum occupancy of 25% of any individual enclosed indoor space... (12)... all individuals shall wear a mask or multilayer cloth face…

Enforcement: Para. 13; Sections 24-1-21, 12-10A-19

Citation: Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of October 16, 2020 (gatherings 5; 10 p.m. alcohol closing; lodging 60/25%) (Oct. 16, 2020) (Ex. NM-033) Open the exhibit

Ex. NM-036

Public Health Emergency Order of October 22, 2020 (retail 10 p.m. closing; rapid-response closures; certified-only indoor dining; State museums closed)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders

Acting Secretary of Health Billy J. Jimenez, New Mexico (State)

Dates: In force from Oct. 23, 2020 to Nov. 13, 2020 (issued Oct. 22, 2020)
Quarters: 2020 Q4
Limitations: Business closureCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached: SF hours; DR hours and certification; KT logbooks; EMP rapid-response reporting and closure; FC venue rentals at houses of worship barred; PE museums
Grade: Primary source read
Days in this quarter: 22

(2)... [An 'essential business'] identified as a 'retail space' must close by 10:00 p.m. and must remain closed until at least 4:00 a.m. A 'retail space' may not exceed 25% of the maximum occupancy... (5) 'Food and drink establishments'... [must close dine-in] service by 10:00 p.m. and must remain closed until at least 4:00 a.m.... may provide delivery service after 10:00 p.m. but no customers are permitted on the premises. (6) 'Houses of worship' may hold religious services... but may not be used as a venue for non-religious events... (15) Any 'food and drink establishment,' 'close-contact business,' 'place of lodging,' 'retail space,' or other business that poses a significant public health risk, as determined by the [Department, must close for fourteen days] following the occurrence of four (4) or more rapid responses within a fourteen (14) day period.... (16) All state-run museums…

Enforcement: Para. 13; Sections 24-1-21, 12-10A-19; mandatory closure after four rapid responses (Environment Department reporting)

Citation: Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of October 22, 2020 (retail 10 p.m. closing; rapid-response closures; certified-only indoor dining; State museums closed) (Oct. 22, 2020) (Ex. NM-036) Open the exhibit

Ex. NM-038

Public Health Emergency Order of November 5, 2020

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders

Acting Secretary of Health Billy J. Jimenez, New Mexico (State)

Dates: In force from Nov. 5, 2020 to Nov. 13, 2020
Quarters: 2020 Q4
Limitations: Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsWorkplace rules
Functions reached: GATH 5; SF; DR; LG; EMP; MASK
Grade: Primary source read
Days in this quarter: 9

(2)... identified as a 'retail space' must close by 10:00 p.m. and must remain closed until at least 4:00 a.m. A 'retail space' may not exceed 25%... (5) 'Food and drink establishments' may provide dine-in service [only if NM Safe Certified, 25%]... service by 10:00 p.m.... (8) 'Places of lodging' which have completed the NM Safe Certified training... may operate up to 60%... All other 'places of lodging' shall not operate at more than 25%... (15)... must [close for fourteen days after] four (4) or more rapid responses within a fourteen (14) day period. (16) All state-run museums must close.

Enforcement: Para. 13; Sections 24-1-21, 12-10A-19

Citation: Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of November 5, 2020 (Nov. 5, 2020) (Ex. NM-038) Open the exhibit

Ex. NM-041

Public Health Emergency Order of November 30, 2020 establishing the Red-Yellow-Green county-by-county framework

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders to Impose County-by-County Restrictions Due to COVID-19

Acting Secretary of Health Billy J. Jimenez, New Mexico (State)

Dates: In force from Dec. 2, 2020 to Dec. 30, 2020 (issued Nov. 30, 2020)
Quarters: 2020 Q4
Limitations: Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached: every function by level: DR; BA; SF; SL; FC; PE; WS; LG; OF; GATH; IN private schools; MASK; EMP
Grade: Primary source read
Days in this quarter: 29

Counties shall be categorized according to one of the following levels: Green Level... (a) [incidence no greater than 8 per 100,000 over 14 days] and (b) An average percent of positive COVID-19 test results over the most recent 14-day period less than or equal to 5%... Yellow Level [either metric]... Red Level — All other counties shall operate at the Red Level.... Green Level... all 'mass gatherings' of more than twenty (20) individuals are prohibited... [essential retail 50%; houses of worship 50%; lodging 75% certified / 40%; other businesses 50%] Yellow Level... more than ten (10) individuals are prohibited... [essential retail the lesser of 25% or 125 customers; houses of worship 25%; food and drink establishments close in-person service by 10:00 p.m.; lodging 60% / 25%; other businesses the lesser of 25% or 20 customers] Red Level... more than five (5) individuals are prohibited...…

Enforcement: Para. 6: citation of violation; civil administrative penalties up to $5,000 per violation, NMSA 1978, Section 12-10A-19

Citation: Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of November 30, 2020 establishing the Red-Yellow-Green county-by-county framework (Nov. 30, 2020) (Ex. NM-041) Open the exhibit

Ex. NM-042

Public Health Emergency Order of December 2, 2020 (Red-to-Green framework reissued)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders to Impose County-by-County Restrictions Due to COVID-19

Acting Secretary of Health Billy J. Jimenez, New Mexico (State)

Dates: In force from Dec. 2, 2020 to Dec. 30, 2020
Quarters: 2020 Q4
Limitations: Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsWorkplace rules
Functions reached: as NM-041
Grade: Primary source read
Days in this quarter: 29

Green Level... 'Food and drink establishments' may not provide dine-in service, except those restaurants that have completed the NM Safe Certified training program.... Yellow Level... all 'mass gatherings' of more than ten (10) individuals are prohibited... 'Food and drink establishments' may provide delivery service after 10:00 p.m.... Red Level... all 'mass gatherings' of more than five (5) individuals are prohibited... 'Food and drink establishments' may not provide indoor dine-in service but may provide service in outdoor seating areas up to 25% occupancy... may provide delivery service after 9:00 p.m.... This Order shall take effect at 12:00 p.m. on December 2, 2020 and remain in effect through December 30, 2020.... (6)... civil administrative penalties of up to $5,000 for each violation under NMSA 1978, Section 12-10A-19.

Enforcement: Para. 6, Section 12-10A-19

Citation: Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of December 2, 2020 (Red-to-Green framework reissued) (Dec. 2, 2020) (Ex. NM-042) Open the exhibit

Ex. NM-046

Public Health Emergency Order of December 15, 2020 (Red-to-Green framework; essential retail 50/33/25%)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders to Impose County-by-County Restrictions Due to COVID-19

Secretary-Designate of Health Tracie C. Collins, M.D., New Mexico (State)

Dates: In force from Dec. 16, 2020 to Jan. 13, 2021 (issued Dec. 15, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsWorkplace rules
Functions reached: as NM-041
Grade: Primary source read
Days in this quarter: 16 (in force on the last day)

Green Level... A new COVID-19 case incidence rate of no greater than 8 cases per 100,000 inhabitants during the most recent two-week period; AND (b) An average percent of positive COVID-19 test results... less than or equal to 5%... [essential retail 50% Green, 33% Yellow, 25% Red]... Red Level... all 'mass gatherings' of more than five (5) individuals are prohibited... 'Food and drink establishments' may not provide indoor dine-in service but may provide service in outdoor seating areas up to 25% occupancy... This Order shall take effect December 16, 2020 and remain in effect through January 13, 2021.

Enforcement: Section 12-10A-19 citation and $5,000 per violation

Citation: Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of December 15, 2020 (Red-to-Green framework; essential retail 50/33/25%) (Dec. 15, 2020) (Ex. NM-046) Open the exhibit

Ex. NM-047

Public Health Emergency Order of December 30, 2020 (Red-to-Green framework continued)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders to Impose County-by-County Restrictions Due to COVID-19

Secretary-Designate of Health Tracie C. Collins, M.D., New Mexico (State)

Dates: In force from Dec. 30, 2020 to Jan. 29, 2021
Quarters: 2020 Q42021 Q1
Limitations: Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsWorkplace rules
Functions reached: as NM-041
Grade: Primary source read
Days in this quarter: 2 (in force on the last day)

Green Level... all 'mass gatherings' of more than twenty (20) individuals are prohibited... Yellow Level... more than ten (10)... 'Food and drink establishments' may not provide dine-in service unless they complete the NM Safe Certified training... Red Level... more than five (5) individuals are prohibited... 'Food and drink establishments' may not provide indoor dine-in service but may provide service in outdoor seating areas up to 25% occupancy... may provide delivery service after 9:00 p.m.... 'Retail spaces' may not allow a person who is without a mask... to enter... This Order shall take effect December 30, 2020 and remain in effect through January 29, 2021.

Enforcement: Section 12-10A-19 citation and $5,000 per violation

Citation: Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of December 30, 2020 (Red-to-Green framework continued) (Dec. 30, 2020) (Ex. NM-047) Open the exhibit

Ex. NM-043

Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Surgical Procedures (Dec. 9, 2020)

Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Surgical Procedures; Providing Guidance on Those Restrictions

Acting Secretary of Health Billy J. Jimenez, New Mexico (State)

Dates: In force from Dec. 11, 2020 to Jan. 4, 2021 (issued Dec. 9, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Business closureHealth care orders
Functions reached: SX surgery; IP inpatient capacity; CB patients; OC referrals
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

1. All hospital acute care facilities that provide care to patients in the State of New Mexico are prohibited from providing non-essential surgical procedures. 2.... 'non-essential surgical procedures' include those services which can be delayed for three (3) months without undue risk to the patient's health.... 4. A person who willfully violates this Order may be subject to civil administrative penalties, including fines up to $5,000 per violation... (3) This Order shall take effect on December 11, 2020 and remain in effect through January 4, 2021.

Enforcement: Para. 4: civil administrative penalties up to $5,000 per violation

Citation: Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Surgical Procedures (Dec. 9, 2020) (Ex. NM-043) Open the exhibit

Ex. NM-045

Supreme Court Order No. 20-8500-042 (amending Emergency Court Protocols Nos. 1, 2 and 3)

In the Matter of the Amendment of the New Mexico Judiciary Public Health Emergency Protocols for the Safe and Effective Administration of the New Mexico Judiciary During the COVID-19 Public Health Emergency

Supreme Court of New Mexico (M. Vigil, C.J.), New Mexico (Court)

Dates: In force from Dec. 14, 2020 to June 29, 2021
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Telework mandateGathering capFace-covering requirementTravel and quarantineCourts and public offices
Functions reached: CT; CL; OF; CB
Grade: Primary source read
Days in this quarter: 18 (in force on the last day)

upon recommendation to amend the New Mexico Judiciary's Emergency Court Protocols to permit the resumption of jury trials, lift the suspension of the exercise of peremptory excusals, and clarify the procedures for accessing and retaining public health screening question forms... the amendment of Emergency Court Protocols Nos. 1, 2, and 3 is APPROVED, effective immediately. [Protocol No. 1: Health Screening and Self-Isolation Procedures; Face Mask Requirements; On-Site Employees and Telework Procedures; Travel Restrictions for Judicial Officers and Employees.]

Enforcement: Order of the Supreme Court

Citation: Supreme Court of New Mexico (M. Vigil, C.J.), Supreme Court Order No. 20-8500-042 (amending Emergency Court Protocols Nos. 1, 2 and 3) (Dec. 14, 2020) (Ex. NM-045) Open the exhibit

Ex. NM-034

Executive Order 2020-072

Amended Order Directing Individuals Traveling to New Mexico to Self-Isolate or Self-Quarantine (testing exemption removed)

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Oct. 16, 2020 to Oct. 29, 2020
Quarters: 2020 Q4
Limitations: Travel and quarantineQuarantine and isolation
Functions reached: TV; MC; CS; EV; CB; WF
Grade: Primary source read
Days in this quarter: 14

2. I direct all persons who have arrived in New Mexico from a state with a positive test rate higher than 80 per 1,000,000 residents or a test positivity rate greater than or equal to 5%, over a seven-day rolling average, or from outside the United States to self-isolate or self-quarantine for a period of at least 14 days from the date of their entry into the State of New Mexico or for the duration of their presence in the State, whichever is shorter.... This Executive Order shall take effect on October 16, 2020 and shall remain in effect through the duration of the public health emergency declared in Executive Order 2020-004

Enforcement: Paras. 6, 8: involuntary isolation or quarantine; temporary holds; court orders; civil and criminal penalties

Citation: Governor Michelle Lujan Grisham, Executive Order 2020-072 (Oct. 16, 2020) (Ex. NM-034) Open the exhibit

Ex. NM-035

Executive Order 2020-073

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Oct. 16, 2020 to Nov. 13, 2020
Quarters: 2020 Q4
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 29

Executive Orders 2020-022, 2020-026, 2020-030, 2020-036, 2020-053, 2020-55, 2020-059, and 2020-064 shall be renewed and extended through November 13, 2020. 2. All other powers, directives, and orders invoked in Executive Order 2020-004 remain in effect. 3. All other Executive Orders with a duration that was tied to the COVID-19 public health emergency [remain in effect, listing] Executive Order 2020-025; 2020-037; 2020-039; 2020-056; 2020-063; 2020-072.

Enforcement: Section 12-10-10

Citation: Governor Michelle Lujan Grisham, Executive Order 2020-073 (Oct. 16, 2020) (Ex. NM-035) Open the exhibit

Ex. NM-037

Executive Order 2020-075

Third Amended Order Directing Individuals Traveling to New Mexico to Self-Isolate or Self-Quarantine

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Oct. 29, 2020 to Feb. 10, 2021
Quarters: 2020 Q42021 Q1
Limitations: Travel and quarantineQuarantine and isolation
Functions reached: TV; MC; CS; EV; CB; WF (residents' non-work travel); LG
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

2. I direct all persons who have arrived in New Mexico from a state with a positive test rate higher than 80 per 1,000,000 residents or a test positivity rate greater than or equal to 5%, over a seven-day rolling average, or from outside the United States to self-isolate or self-quarantine for a period of at least 14 days... 5.... Notwithstanding the foregoing, any person who leaves or enters the State for matters unrelated to their employment, military service, medical care, parenting responsibilities, out-of-state parental visitation, education, or Court order shall self-quarantine upon arriving or returning to this State.... This Executive Order shall take effect on October 29, 2020 and shall remain in effect through the duration of the public health emergency

Enforcement: Paras. 6, 8: involuntary isolation or quarantine; temporary holds; court orders; civil and criminal penalties under the PHERA and Public Health Act

Citation: Governor Michelle Lujan Grisham, Executive Order 2020-075 (Oct. 29, 2020) (Ex. NM-037) Open the exhibit

Ex. NM-044

Executive Order 2020-085

Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Dec. 11, 2020 to Jan. 8, 2021
Quarters: 2020 Q42021 Q1
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

[Executive Orders 2020-022... 2020-064, 2020-073, and 2020-080] shall be renewed and extended through January 8, 2021.... This Executive Order shall take effect December 11, 2020 and shall remain in effect until January 8, 2021

Enforcement: Section 12-10-10

Citation: Governor Michelle Lujan Grisham, Executive Order 2020-085 (Dec. 11, 2020) (Ex. NM-044) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. NM-032	Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of September 18, 2020 (Sept. 18, 2020) (Ex. NM-032)	In force from Sept. 18, 2020 to Oct. 16, 2020	Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child care
Ex. NM-025	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-025 with attached New Mexico Judiciary Public Health Emergency Protocols (Emergency Court Protocols Nos. 1-3) (July 6, 2020) (Ex. NM-025)	In force from July 6, 2020 to Dec. 14, 2020	Telework mandateGathering capFace-covering requirementTravel and quarantineCourts and public officesWorkplace rules
Ex. NM-001	Governor Michelle Lujan Grisham, Executive Order 2020-004 (Mar. 11, 2020) (Ex. NM-001)	In force from Mar. 11, 2020 to Oct. 15, 2021	Emergency declaration
Ex. NM-002	Secretary of Health Kathyleen M. Kunkel (at the Governor's direction), Public Health Emergency Order restricting visitation at nursing facilities (Mar. 13, 2020) (Ex. NM-002)	In force from Mar. 13, 2020 to Apr. 5, 2021	Health care orders
Ex. NM-077	Governor Michelle Lujan Grisham; Public Education Secretary Ryan Stewart, K-12 public school closure (Mar. 13, 2020, effective Mar. 16 through Apr. 3; extended Mar. 27, 2020 through the end of the 2019-20 school year) and PED 'Reentry Guidance' (June 20, 2020) and 'COVID-19 Response Toolkit for New Mexico's Public Schools' (2021-22) (Ex. NM-077)	In force from Mar. 16, 2020 to Apr. 5, 2021 (issued Mar. 13, 2020)	Face-covering requirementSchools and child care
Ex. NM-009	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-007 (Mar. 24, 2020) (Ex. NM-009)	In force from Mar. 24, 2020 to Jan. 4, 2022	Courts and public officesOther
Ex. NM-017	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-017 (May 15, 2020) (Ex. NM-017)	In force from May 16, 2020 to July 6, 2020 (issued May 15, 2020)	Face-covering requirementCourts and public offices
Ex. NM-031	Governor Michelle Lujan Grisham, Executive Order 2020-063 (Sept. 3, 2020) (Ex. NM-031)	In force from Sept. 4, 2020 to Oct. 16, 2020 (issued Sept. 3, 2020)	Travel and quarantineQuarantine and isolation

Agencies, boards and authorities: New Mexico

Ex. AGY-ST-EDUCATION-HIGHER-ED-040

NMAA release, 'NMAA Forced to Postpone Fall Sports Due to Governor's Orders' (October 12, 2020)

Postponement of the volleyball, cross country and fall golf seasons because the Governor's public health order barred interscholastic athletics during the fall semester

New Mexico Activities Association (Executive Director Sally Marquez), New Mexico Activities Association, acting under the Governor's public health orders; State level (State)

Dates: In force from Oct. 12, 2020 to Mar. 31, 2021
Quarters: 2020 Q42021 Q1
Limitations: Gathering capSchools and child careEvents and venues
Functions reached: AC fall athletics postponed statewide; EVT contests and events (venues, officials, transport, vendors); SP leagues (Sector 17); WF coaches; CB families
Grade: Primary source read
Days in this quarter: 81 (in force on the last day)

Due to the announcement from Governor Michelle Lujan Grisham that interscholastic athletics cannot take place during the Fall Semester because of COVID-19 related public health concerns, the New Mexico Activities Association has been forced to postpone its Volleyball, Cross Country, and Fall Golf seasons.... At this point, however, we cannot stage any competitive events without an update to the current public health order. Thus, the NMAA's Fall Sports Seasons have been postposed strictly based on the orders set forth by the Office of the Governor.

Enforcement: N.M. Stat. s. 12-10A-19 (violation of a public health order a misdemeanor); the public health orders' terms

Citation: New Mexico Activities Association (Executive Director Sally Marquez), NMAA release, 'NMAA Forced to Postpone Fall Sports Due to Governor's Orders' (October 12, 2020) (Oct. 12, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-040) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-069

Second Emergency Amendment to 11.5.1.16 NMAC (four-hour COVID-19 case reporting), effective Dec. 3, 2020

Second emergency amendment continuing the four-hour employer reporting requirement (120 days)

New Mexico Environment Department for the Occupational Health and Safety Bureau, New Mexico; Occupational Health and Safety Bureau, New Mexico Environment Department (Sector regulator)

Dates: In force from Dec. 3, 2020 to Jan. 26, 2021
Quarters: 2020 Q42021 Q1
Limitations: Workplace rulesQuarantine and isolation
Functions reached: EMP; HR; OP; WF
Grade: Confirmed from a secondary source
Days in this quarter: 29 (in force on the last day)

[Scanned filing without a text layer. Per the SRCA history note (Ex. 027) and NMED's release (Ex. 070), the amendment re-enacted 11.5.1.16(C) NMAC: within four hours of learning that an employee tested positive for COVID-19, each employer shall report the positive test to the bureau.]

Enforcement: NMSA 1978 § 50-9-10 penalties; 'Violations of the reporting requirement may result in NMED enforcement action' (Ex. 070)

Citation: New Mexico Environment Department for the Occupational Health and Safety Bureau, Second Emergency Amendment to 11.5.1.16 NMAC (four-hour COVID-19 case reporting), effective Dec. 3, 2020 (Ex. AGY-ST-LABOR-WORKPLACE-069) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-070

NMED news release on the second emergency amendment to 11.5.1.16 NMAC (Dec. 4, 2020)

Environment Department adopts second emergency amendment requiring four-hour reporting; Environmental Improvement Board hearing on the permanent rule

New Mexico Environment Department, New Mexico; New Mexico Environment Department (Sector regulator)

Dates: In force from Dec. 3, 2020 to Mar. 31, 2021 (issued Dec. 4, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Workplace rules
Functions reached: EMP; HR; OP
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

The New Mexico Environment Department (NMED) adopted a second emergency amendment to state workplace safety laws that requires employers to report positive COVID-19 cases among employees to NMED within four hours of being notified of the case. This second emergency amendment is necessary as the original emergency amendment expired before a permanent amendment [could be adopted].... Violations of the reporting requirement may result in NMED enforcement action.

Enforcement: NMED enforcement action under NMSA 1978 § 50-9-10

Citation: New Mexico Environment Department, NMED news release on the second emergency amendment to 11.5.1.16 NMAC (Dec. 4, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-070) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-GAMING-RACING-089	New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, Director's letter to licensees: Notice of Cessation of Games of Chance in accordance with the Amended Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 (Mar. 19, 2020) (Ex. AGY-ST-GAMING-RACING-089)	In force from Mar. 19, 2020 to Feb. 24, 2021	Business closureGathering cap
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-047	New Mexico Corrections Department, NMCD release, 'Extension of visitation changes' (Apr. 28, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-047)	In force from Apr. 28, 2020 to Dec. 31, 2020	Gathering cap
Ex. AGY-ST-LABOR-WORKPLACE-027	New Mexico Environment Department; Environmental Improvement Board (permanent amendment); published by the Administrative Law Division, State Records Center and Archives, 11.5.1 NMAC, Occupational Health and Safety - General Provisions, § 11.5.1.16 Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities, with history note (Aug. 5, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-027)	In force from Aug. 5, 2020 to May 31, 2023	Workplace rulesQuarantine and isolation
Ex. AGY-ST-LABOR-WORKPLACE-066	New Mexico Environment Department (James Kenney, Cabinet Secretary) for the Occupational Health and Safety Bureau, Emergency Amendment to 11.5.1.16 NMAC, Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities (new Subsection C, Reporting COVID-19 cases), effective Aug. 5, 2020 (Ex. AGY-ST-LABOR-WORKPLACE-066)	In force from Aug. 5, 2020 to Dec. 3, 2020	Workplace rulesQuarantine and isolation
Ex. AGY-ST-LABOR-WORKPLACE-067	New Mexico Environment Department, NMED news release, 'Environment Department files emergency amendment to require employers to disclose positive COVID-19 cases to state' (Aug. 5, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-067)	In force from Aug. 5, 2020 to Dec. 31, 2020	Workplace rules
Ex. AGY-ST-LABOR-WORKPLACE-068	New Mexico Environment Department, Reporting workplace COVID-19 cases to NMED: What you need to know (FAQs, Aug. 7, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-068)	In force from Aug. 5, 2020 to Dec. 3, 2020 (issued Aug. 7, 2020)	Workplace rules

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

Federal layer

Ex. FED-060

Executive Order 13991

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

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

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

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

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

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

Ex. FED-270

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

Ex. FED-296

Tenth Amended General Order 20-0012

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

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

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

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

Enforcement: court order

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

Ex. FED-155

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

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

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

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

Enforcement: F-tag F563

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

Ex. FED-305

Standing Order 21-02

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

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

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

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

Enforcement: court order

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

Ex. FED-008

Memorandum of February 2, 2021

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

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

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

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

Enforcement: Funding directive

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

Ex. FED-071

Executive Order 13910

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-099

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

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

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

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

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

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

Ex. FED-115

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

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

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

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

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

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

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

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

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

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

State of New Mexico

Ex. NM-049

Public Health Emergency Order of January 29, 2021 (Red-to-Green framework continued)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders to Impose County-by-County Restrictions Due to COVID-19

Secretary-Designate of Health Tracie C. Collins, M.D., New Mexico (State)

Dates: In force from Jan. 29, 2021 to Feb. 26, 2021
Quarters: 2021 Q1
Limitations: Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsWorkplace rules
Functions reached: as NM-041
Grade: Primary source read
Days in this quarter: 29

Green Level... all 'mass gatherings' of more than twenty (20) individuals are prohibited... Yellow Level... more than ten (10)... Red Level... more than five (5) individuals are prohibited... 'Food and drink establishments' may not provide indoor dine-in service but may provide service in outdoor seating areas up to 25% occupancy... 'Retail spaces' may not allow a person who is without a mask... to enter... This Order shall take effect January 29, 2021 and remain in effect through February 26, 2021.

Enforcement: Section 12-10A-19 citation and $5,000 per violation

Citation: Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of January 29, 2021 (Red-to-Green framework continued) (Jan. 29, 2021) (Ex. NM-049) Open the exhibit

Ex. NM-076

Public Health Emergency Order of February 24, 2021 (Turquoise level added) and its March 2021 reissue

Public Health Emergency Order... Amending Prior Public Health Emergency Orders to Impose County-by-County Restrictions Due to COVID-19

Secretary of Health Tracie C. Collins, M.D., New Mexico (State)

Dates: In force from Feb. 24, 2021 to Apr. 28, 2021
Quarters: 2021 Q12021 Q2
Limitations: Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Functions reached: as NM-041
Grade: Confirmed from a secondary source
Days in this quarter: 36 (in force on the last day)

[Governor's Feb. 24, 2021 release:] Turquoise requires incidence no greater than 8 per 100,000 and positivity 5% or less over four weeks; Essential Retail 75/50/33/25%; Restaurants indoor 75/50/33/none, outdoor 75/75/75/25%; Bars and clubs indoor 33% Turquoise only; Close-contact businesses 75/50/33% or 20 people/25% or 10 people; Houses of worship 75/50/33/25%; Large entertainment venues indoor 33/25/none/none; Recreational facilities indoor 50/25/none/25% outdoor only; Mass gatherings 150 persons or 200 vehicles / 20 or 120 / 10 or 80 / 5 or 40.

Enforcement: Section 12-10A-19

Citation: Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of February 24, 2021 (Turquoise level added) and its March 2021 reissue (Feb. 24, 2021) (Ex. NM-076)

Ex. NM-048

Executive Order 2021-001

Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Jan. 8, 2021 to Feb. 5, 2021
Quarters: 2021 Q1
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 29

[Executive Orders 2020-022... 2020-064, 2020-080, and 2020-085] shall be renewed and extended through February 5, 2021.... This Executive Order shall take effect January 8, 2021 and shall remain in effect until February 5, 2021

Enforcement: Section 12-10-10

Citation: Governor Michelle Lujan Grisham, Executive Order 2021-001 (Jan. 8, 2021) (Ex. NM-048) Open the exhibit

Ex. NM-050

Executive Order 2021-004

Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Feb. 5, 2021 to Mar. 5, 2021
Quarters: 2021 Q1
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 29

Executive Orders 2020-022, 2020-026, 2020-030, 2020-036, 2020-053, 2020-55, 2020-059, 2020-064, 2020-073, 2020-080, 2020-085, and 2021-001 shall be renewed and extended through March 5, 2021. 2. All other powers, directives, and orders invoked in Executive Order 2020-004 remain in effect.

Enforcement: Section 12-10-10

Citation: Governor Michelle Lujan Grisham, Executive Order 2021-004 (Feb. 5, 2021) (Ex. NM-050) Open the exhibit

Ex. NM-051

Executive Order 2021-006

Order Rescinding Executive Order 2020-075 and Instituting Advisory Quarantine and Testing for Individuals Traveling to New Mexico

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Feb. 10, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TV (end of mandatory quarantine)
Grade: Primary source read
Days in this quarter: 50 (in force on the last day)

hereby RESCIND Executive Order 2020-075, and ADVISE as follows: 1. All persons who have arrived in New Mexico from another state or from outside the United States are recommended to self-isolate or self-quarantine for a period of at least 14 days... 2. Travelers arriving in New Mexico should be tested for COVID-19 as promptly as possible following their arrival to New Mexico.... This Order shall take effect on February 10, 2021 and shall remain in effect unless rescinded.

Enforcement: None (advisory)

Citation: Governor Michelle Lujan Grisham, Executive Order 2021-006 (Feb. 10, 2021) (Ex. NM-051) Open the exhibit

Ex. NM-052

Executive Order 2021-010

Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Mar. 5, 2021 to Apr. 2, 2021
Quarters: 2021 Q12021 Q2
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 27 (in force on the last day)

Executive Orders 2020-022... 2021-001, and 2021-004 shall be renewed and extended through April 2, 2021.... This Executive Order shall take effect March 5, 2021 and shall remain in effect until April 2, 2021

Enforcement: Section 12-10-10

Citation: Governor Michelle Lujan Grisham, Executive Order 2021-010 (Mar. 5, 2021) (Ex. NM-052) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. NM-046	Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of December 15, 2020 (Red-to-Green framework; essential retail 50/33/25%) (Dec. 15, 2020) (Ex. NM-046)	In force from Dec. 16, 2020 to Jan. 13, 2021 (issued Dec. 15, 2020)	Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsWorkplace rules
Ex. NM-047	Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of December 30, 2020 (Red-to-Green framework continued) (Dec. 30, 2020) (Ex. NM-047)	In force from Dec. 30, 2020 to Jan. 29, 2021	Business closureCapacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsWorkplace rules
Ex. NM-025	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-025 with attached New Mexico Judiciary Public Health Emergency Protocols (Emergency Court Protocols Nos. 1-3) (July 6, 2020) (Ex. NM-025)	In force from July 6, 2020 to Dec. 14, 2020	Telework mandateGathering capFace-covering requirementTravel and quarantineCourts and public officesWorkplace rules
Ex. NM-043	Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Surgical Procedures (Dec. 9, 2020) (Ex. NM-043)	In force from Dec. 11, 2020 to Jan. 4, 2021 (issued Dec. 9, 2020)	Business closureHealth care orders
Ex. NM-045	Supreme Court of New Mexico (M. Vigil, C.J.), Supreme Court Order No. 20-8500-042 (amending Emergency Court Protocols Nos. 1, 2 and 3) (Dec. 14, 2020) (Ex. NM-045)	In force from Dec. 14, 2020 to June 29, 2021	Telework mandateGathering capFace-covering requirementTravel and quarantineCourts and public offices
Ex. NM-001	Governor Michelle Lujan Grisham, Executive Order 2020-004 (Mar. 11, 2020) (Ex. NM-001)	In force from Mar. 11, 2020 to Oct. 15, 2021	Emergency declaration
Ex. NM-002	Secretary of Health Kathyleen M. Kunkel (at the Governor's direction), Public Health Emergency Order restricting visitation at nursing facilities (Mar. 13, 2020) (Ex. NM-002)	In force from Mar. 13, 2020 to Apr. 5, 2021	Health care orders
Ex. NM-077	Governor Michelle Lujan Grisham; Public Education Secretary Ryan Stewart, K-12 public school closure (Mar. 13, 2020, effective Mar. 16 through Apr. 3; extended Mar. 27, 2020 through the end of the 2019-20 school year) and PED 'Reentry Guidance' (June 20, 2020) and 'COVID-19 Response Toolkit for New Mexico's Public Schools' (2021-22) (Ex. NM-077)	In force from Mar. 16, 2020 to Apr. 5, 2021 (issued Mar. 13, 2020)	Face-covering requirementSchools and child care
Ex. NM-009	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-007 (Mar. 24, 2020) (Ex. NM-009)	In force from Mar. 24, 2020 to Jan. 4, 2022	Courts and public officesOther
Ex. NM-017	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-017 (May 15, 2020) (Ex. NM-017)	In force from May 16, 2020 to July 6, 2020 (issued May 15, 2020)	Face-covering requirementCourts and public offices
Ex. NM-037	Governor Michelle Lujan Grisham, Executive Order 2020-075 (Oct. 29, 2020) (Ex. NM-037)	In force from Oct. 29, 2020 to Feb. 10, 2021	Travel and quarantineQuarantine and isolation
Ex. NM-044	Governor Michelle Lujan Grisham, Executive Order 2020-085 (Dec. 11, 2020) (Ex. NM-044)	In force from Dec. 11, 2020 to Jan. 8, 2021	Emergency declaration

Agencies, boards and authorities: New Mexico

Ex. AGY-ST-GAMING-RACING-091

Reopening Letter to Licensees (February 25, 2021)

Racetrack casinos and other Board licensees may reopen under the county color-coded caps of the February 24, 2021 Public Health Order (Red 25 percent, Yellow 33 percent, Green 50 percent, Turquoise 75 percent of maximum occupancy) upon notice to the Board with a COVID-Safe Practices plan

New Mexico Gaming Control Board (Chairman Jeremy Romero; agency staff), New Mexico Gaming Control Board (State gaming regulator) (Sector regulator)

Dates: In force from Feb. 25, 2021 to July 1, 2021
Quarters: 2021 Q12021 Q2
Limitations: Business closureCapacity limitWorkplace rules
Functions reached: SF racetrack casino gaming floors closed Mar. 2020 - late Feb./Mar. 2021 (about 340 days), then 25-75 percent by county; FC nonprofit gaming rooms and bingo; EMP COVID-Safe Practices plans; SP racetracks (Sunland Park, Ruidoso Downs, Zia Park, SunRay Park, The Downs at Albuquerque) casino revenue suspended
Grade: Primary source read
Days in this quarter: 35 (in force on the last day)

Good news, the Public Health Order issued by the New Mexico Department of Health... dated February 24, 2021, as amended, is allowing various businesses to re-open pursuant to color-coded guidelines. The Order states under the 'Red Level - j. Any entity not identified above may operate but may not exceed 25% of the maximum occupancy...'... Agency staff have verified with the Governor's office that all New Mexico Gaming Control Board (NMGCB) Licensees fall under the sections as listed above.... we ask that as soon as your location meets the requirements under the Emergency Public Health Order as amended, and you intend to re-open, that you notify the NMGCB. Your notice to reopen should include your schedule for reopening along with your 'COVID-Safe Practices' plan which will need to be in place and continually enforced until further notice by the Governor.

Enforcement: Public Health Order penalties (§ 12-10A-19); Board monitoring of compliance under § 60-2E-7; licensing and permit obligations

Citation: New Mexico Gaming Control Board (Chairman Jeremy Romero; agency staff), Reopening Letter to Licensees (February 25, 2021) (Feb. 25, 2021) (Ex. AGY-ST-GAMING-RACING-091) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-067

Reentry Guide, Version 3 (January 2021)

Requirements for the phased reentry of New Mexico public schools in 2020-21 (remote, hybrid and full reentry by county gating criteria; masking, distancing, surveillance testing)

New Mexico Public Education Department, New Mexico Public Education Department; State level (State)

Dates: In force from Apr. 5, 2021 to June 30, 2021 (issued Jan. 29, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Capacity limitFace-covering requirementSchools and child careWorkplace rules
Functions reached: IN in-person instruction limited by reentry phase; RL remote and hybrid; AC athletics; WF parents' workforce; CB families
Grade: Confirmed from a secondary source
Days in this quarter: 0

Enforcement: Public Health Emergency Orders (s. 12-10A-19); PED supervision

Citation: New Mexico Public Education Department, Reentry Guide, Version 3 (January 2021) (Jan. 29, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-067) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-GAMING-RACING-089	New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, Director's letter to licensees: Notice of Cessation of Games of Chance in accordance with the Amended Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 (Mar. 19, 2020) (Ex. AGY-ST-GAMING-RACING-089)	In force from Mar. 19, 2020 to Feb. 24, 2021	Business closureGathering cap
Ex. AGY-ST-EDUCATION-HIGHER-ED-040	New Mexico Activities Association (Executive Director Sally Marquez), NMAA release, 'NMAA Forced to Postpone Fall Sports Due to Governor's Orders' (October 12, 2020) (Oct. 12, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-040)	In force from Oct. 12, 2020 to Mar. 31, 2021	Gathering capSchools and child careEvents and venues
Ex. AGY-ST-LABOR-WORKPLACE-027	New Mexico Environment Department; Environmental Improvement Board (permanent amendment); published by the Administrative Law Division, State Records Center and Archives, 11.5.1 NMAC, Occupational Health and Safety - General Provisions, § 11.5.1.16 Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities, with history note (Aug. 5, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-027)	In force from Aug. 5, 2020 to May 31, 2023	Workplace rulesQuarantine and isolation
Ex. AGY-ST-LABOR-WORKPLACE-069	New Mexico Environment Department for the Occupational Health and Safety Bureau, Second Emergency Amendment to 11.5.1.16 NMAC (four-hour COVID-19 case reporting), effective Dec. 3, 2020 (Ex. AGY-ST-LABOR-WORKPLACE-069)	In force from Dec. 3, 2020 to Jan. 26, 2021	Workplace rulesQuarantine and isolation
Ex. AGY-ST-LABOR-WORKPLACE-070	New Mexico Environment Department, NMED news release on the second emergency amendment to 11.5.1.16 NMAC (Dec. 4, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-070)	In force from Dec. 3, 2020 to Mar. 31, 2021 (issued Dec. 4, 2020)	Workplace rules

End of general restrictions, State of New Mexico: NMDOH Public Health Emergency Order of June 30, 2021 (Collins), effective July 1, 2021 (Ex. NM-060), superseding the June 2, 2021 county-by-county order (Ex. NM-057) (2021-07-01). What remained: Mask requirement for every person not fully vaccinated in public settings (NM-060 para. 1); mandatory adherence by 'all businesses, establishments, and non-profit entities' to the pertinent COVID-Safe Practices (para. 3); rapid-response reporting when four or more cases occur in fourteen days (para. 2); private-school face-covering, reporting, testing and closure requirements by incorporation of the PED Reentry Guidance and COVID-19 Response Toolkit (para. 4); the April 5, 2021 long-term-care visitation order and the vaccine-provider orders (para. 2); civil administrative penalties of up to $5,000 per violation under NMSA 1978, Section 12-10A-19 (para. 6); the public health emergency (EO 2021-030, then 2021-044, 2021-049, 2021-054); the Supreme Court's emergency court protocols and the stay of writs of restitution; then, from August 2, the State-employee vaccinate-or-test order (EO 2021-046), from August 20 the universal indoor mask mandate (PHO Aug. 17, 2021), from August 17/23 the hospital, congregate-care and school-worker vaccination and testing requirements (PHO Aug. 17, 2021), all extended September 15, 2021 through at least October 15, 2021.

Preemption of local orders, State of New Mexico: New Mexico did not preempt local orders. Every general public health order from April 6, 2020 onward carried the clause 'Nothing in this Order is intended to restrain or preempt local authorities from enacting more stringent restrictions than those required by the Order' (Exs. NM-010 through NM-062, verbatim), and from July 30, 2021 the clause read 'local authorities or state agencies' (NM-062, NM-067, NM-070). EO 2020-004 para. 1 directed that 'all political subdivisions within New Mexico shall adhere to Section 12-10-10, which mandates compliance with and enforcement of this Order' (NM-001). The State itself imposed municipal-level lockdowns on the City of Gallup at the Mayor's request under the Riot Control Act, NMSA 1978, Sections 12-10-16 to -21 (EO 2020-027, May 1-4, 2020; EO 2020-028, May 4-7, 2020; extended to May 10, 2020) (NM-014, NM-015). The City of Albuquerque declared a local public health emergency March 18, 2020 under Ordinance O-20-4 (NM-073).

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

Federal layer

Ex. FED-156

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

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

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

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

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

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

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

Ex. FED-032

Notice: Conditional Sailing Order Technical Instructions and Operations Manual

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

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

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

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

Enforcement: as for FED-031

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

Ex. FED-080

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

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

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

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

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

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

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

Ex. FED-118

FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)

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

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

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

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

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

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

Ex. FED-183

Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices

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

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

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

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

Enforcement: Framework

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

Ex. FED-074

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures

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

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

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

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

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

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

Ex. FED-109

FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)

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

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

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

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

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

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

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

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

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

State of New Mexico

Ex. NM-054

Public Health Emergency Order of April 28, 2021 (Red-Yellow-Green-Turquoise framework with vaccination metric)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders to Impose County-by-County Restrictions Due to COVID-19

Secretary of Health Tracie C. Collins, M.D., New Mexico (State)

Dates: In force from Apr. 30, 2021 to May 28, 2021 (issued Apr. 28, 2021)
Quarters: 2021 Q2
Limitations: Business closureCapacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Functions reached: GATH 150/20/10/5; SF 75/50/33/25%; DR; BA 33% Turquoise only; PE venues; LG; MASK; EMP testing
Grade: Primary source read
Days in this quarter: 29

[Metrics add] fully vaccinated greater than or equal to 35% beginning on the date of this Order, 40% beginning the week of May 3, 2021, and increased by 5% every other week thereafter... Turquoise Level... all 'mass gatherings' of more than one hundred fifty (150) individuals are prohibited... [Green: more than twenty (20); Yellow: more than ten (10); Red: more than five (5)]... 'places of lodging' shall not operate at more than 50% [Turquoise uncertified] / 40% [Green] / 33% [Yellow] / 25% [Red]... all individuals shall wear a mask or multilayer cloth face covering in public settings except when: eating or drinking; exercising outdoors alone or with members of the same household; or attending a small, outdoor gathering of fully vaccinated individuals... fully vaccinated employees, other than those working in congregate care settings such as correctional facilities and long-term care…

Enforcement: Section 12-10A-19 citation and $5,000 per violation

Citation: Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of April 28, 2021 (Red-Yellow-Green-Turquoise framework with vaccination metric) (Apr. 28, 2021) (Ex. NM-054) Open the exhibit

Ex. NM-056

Public Health Emergency Order of May 14, 2021 (fully vaccinated persons relieved of the mask requirement except where CDC recommends)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders to Impose County-by-County Restrictions Due to COVID-19

Secretary of Health Tracie C. Collins, M.D., New Mexico (State)

Dates: In force from May 14, 2021 to June 11, 2021
Quarters: 2021 Q2
Limitations: Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Functions reached: GATH; SF; DR; LG; MASK (unvaccinated; all persons in health care, correctional, shelter and transit settings)
Grade: Primary source read
Days in this quarter: 29

Turquoise Level... all 'mass gatherings' of more than one hundred fifty (150) individuals are prohibited... fully vaccinated individuals are not required to wear a mask unless otherwise recommended by the latest official guidance from the Centers for Disease Control and Prevention ('CDC'). fully vaccinated individuals shall not be required to socially distance... This Order shall take effect immediately and remain in effect through June 11 [2021].

Enforcement: Section 12-10A-19

Citation: Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of May 14, 2021 (fully vaccinated persons relieved of the mask requirement except where CDC recommends) (Ex. NM-056) Open the exhibit

Ex. NM-057

Public Health Emergency Order of June 2, 2021 (county framework through June 30, 2021)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders to Impose County-by-County Restrictions Due to COVID-19

Secretary of Health Tracie C. Collins, M.D., New Mexico (State)

Dates: In force from June 2, 2021 to June 30, 2021
Quarters: 2021 Q2
Limitations: Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Functions reached: GATH 150; SF 75%; PE venues 33%; FC 50%; BA 33%; DR; LG; MASK (unvaccinated); EMP
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

[Register text, Vol. XXXII, Issue 12:] Essential Retail 75% [Turquoise] / 50% / 33% / 25%; Large Venues 33% indoor, 75% outdoor / 25%, 50% / 25% outdoor only / Closed; Recreation 50% indoor, 75% outdoor / 25%, 50% / 33% outdoor only / 25% outdoor; Bars and Clubs 33% indoor, 75% outdoor / 25% outdoor only / Closed / Closed; Restaurants (certified) 75% outdoor / 50% indoor, 75% outdoor / 33% indoor, 75% outdoor / 25% outdoor only; Hotels (certified) 100% / 75% / 60% / 40%; Vacation Rentals 15 / 10 / 5 / 5 guests; Mass Gathering Limits 150 / 20 / 10 / 5 persons. 'All individuals shall wear a mask or multilayer cloth face covering in public settings except when: eating or drinking, exercising outdoors alone or with members of the same household; attending a small, outdoor gathering of fully vaccinated individuals'... 'Any and all State officials authorized by the Department of Health may…

Enforcement: Section 12-10A-19 citation and $5,000 per violation

Citation: Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of June 2, 2021 (county framework through June 30, 2021) (Ex. NM-057) Open the exhibit

Ex. NM-059

Supreme Court Order No. 21-8500-015 (amending PHE Protocols Nos. 1 and 2)

In the Matter of the Amendment of the New Mexico Judiciary Public Health Emergency Protocols

Supreme Court of New Mexico, New Mexico (Court)

Dates: In force from June 29, 2021 to Aug. 16, 2021
Quarters: 2021 Q22021 Q3
Limitations: Telework mandateGathering capFace-covering requirementCourts and public offices
Functions reached: CT; CL; OF; CB
Grade: Primary source read
Days in this quarter: 2 (in force on the last day)

the amendment of Emergency Court Protocols Nos. 1 and 2 is APPROVED [health screening, face masks, on-site employees and telework, travel restrictions, social distancing and format of proceedings]

Enforcement: Order of the Supreme Court

Citation: Supreme Court of New Mexico, Supreme Court Order No. 21-8500-015 (amending PHE Protocols Nos. 1 and 2) (June 29, 2021) (Ex. NM-059) Open the exhibit

Ex. NM-053

Executive Order 2021-011

Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Apr. 2, 2021 to Apr. 30, 2021
Quarters: 2021 Q2
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 29

This Executive Order shall take effect April 2, 2021 and shall remain in effect until April 30, 2021

Enforcement: Section 12-10-10

Citation: Governor Michelle Lujan Grisham, Executive Order 2021-011 (Apr. 2, 2021) (Ex. NM-053) Open the exhibit

Ex. NM-055

Executive Order 2021-012

Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Apr. 30, 2021 to May 28, 2021
Quarters: 2021 Q2
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 29

[shall be] renewed and extended through May 28, 2021.... [This] Order shall take effect April 30, 2021, and shall remain in effect until May 28, 2021

Enforcement: Section 12-10-10

Citation: Governor Michelle Lujan Grisham, Executive Order 2021-012 (Apr. 30, 2021) (Ex. NM-055) Open the exhibit

Ex. NM-058

Executive Order 2021-030

Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from June 25, 2021 to July 23, 2021
Quarters: 2021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the Q3 2021 PHOs
Grade: Primary source read
Days in this quarter: 6 (in force on the last day)

[Executive Orders 2020-022... 2021-012, and 2021-023] shall be renewed and extended through July 23, 2021.... [This] Order shall take effect June 25, 2021, and shall remain in effect until July 23, 2021, unless renewed, modified, or rescinded.

Enforcement: Section 12-10-10

Citation: Governor Michelle Lujan Grisham, Executive Order 2021-030 (June 25, 2021) (Ex. NM-058) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. NM-076	Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of February 24, 2021 (Turquoise level added) and its March 2021 reissue (Feb. 24, 2021) (Ex. NM-076)	In force from Feb. 24, 2021 to Apr. 28, 2021	Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Ex. NM-025	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-025 with attached New Mexico Judiciary Public Health Emergency Protocols (Emergency Court Protocols Nos. 1-3) (July 6, 2020) (Ex. NM-025)	In force from July 6, 2020 to Dec. 14, 2020	Telework mandateGathering capFace-covering requirementTravel and quarantineCourts and public officesWorkplace rules
Ex. NM-045	Supreme Court of New Mexico (M. Vigil, C.J.), Supreme Court Order No. 20-8500-042 (amending Emergency Court Protocols Nos. 1, 2 and 3) (Dec. 14, 2020) (Ex. NM-045)	In force from Dec. 14, 2020 to June 29, 2021	Telework mandateGathering capFace-covering requirementTravel and quarantineCourts and public offices
Ex. NM-001	Governor Michelle Lujan Grisham, Executive Order 2020-004 (Mar. 11, 2020) (Ex. NM-001)	In force from Mar. 11, 2020 to Oct. 15, 2021	Emergency declaration
Ex. NM-077	Governor Michelle Lujan Grisham; Public Education Secretary Ryan Stewart, K-12 public school closure (Mar. 13, 2020, effective Mar. 16 through Apr. 3; extended Mar. 27, 2020 through the end of the 2019-20 school year) and PED 'Reentry Guidance' (June 20, 2020) and 'COVID-19 Response Toolkit for New Mexico's Public Schools' (2021-22) (Ex. NM-077)	In force from Mar. 16, 2020 to Apr. 5, 2021 (issued Mar. 13, 2020)	Face-covering requirementSchools and child care
Ex. NM-009	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-007 (Mar. 24, 2020) (Ex. NM-009)	In force from Mar. 24, 2020 to Jan. 4, 2022	Courts and public officesOther
Ex. NM-017	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-017 (May 15, 2020) (Ex. NM-017)	In force from May 16, 2020 to July 6, 2020 (issued May 15, 2020)	Face-covering requirementCourts and public offices
Ex. NM-051	Governor Michelle Lujan Grisham, Executive Order 2021-006 (Feb. 10, 2021) (Ex. NM-051)	In force from Feb. 10, 2021 to Sept. 30, 2021	Travel and quarantine
Ex. NM-052	Governor Michelle Lujan Grisham, Executive Order 2021-010 (Mar. 5, 2021) (Ex. NM-052)	In force from Mar. 5, 2021 to Apr. 2, 2021	Emergency declaration

Agencies, boards and authorities: New Mexico

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-GAMING-RACING-091	New Mexico Gaming Control Board (Chairman Jeremy Romero; agency staff), Reopening Letter to Licensees (February 25, 2021) (Feb. 25, 2021) (Ex. AGY-ST-GAMING-RACING-091)	In force from Feb. 25, 2021 to July 1, 2021	Business closureCapacity limitWorkplace rules
Ex. AGY-ST-EDUCATION-HIGHER-ED-067	New Mexico Public Education Department, Reentry Guide, Version 3 (January 2021) (Jan. 29, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-067)	In force from Apr. 5, 2021 to June 30, 2021 (issued Jan. 29, 2021)	Capacity limitFace-covering requirementSchools and child careWorkplace rules
Ex. AGY-ST-LABOR-WORKPLACE-027	New Mexico Environment Department; Environmental Improvement Board (permanent amendment); published by the Administrative Law Division, State Records Center and Archives, 11.5.1 NMAC, Occupational Health and Safety - General Provisions, § 11.5.1.16 Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities, with history note (Aug. 5, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-027)	In force from Aug. 5, 2020 to May 31, 2023	Workplace rulesQuarantine and isolation

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

Federal layer

Ex. FED-272

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

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

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

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

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

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

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

Ex. FED-307

Updated Amended Standing Order 21-04

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

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

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

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

Enforcement: court order

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

Ex. FED-130

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

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

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

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

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

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

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

Ex. FED-133

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

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

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

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

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

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

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

Ex. FED-143

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

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

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

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

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

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

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

Ex. FED-113

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

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

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

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

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

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

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

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

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

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

State of New Mexico

Ex. NM-060

Public Health Emergency Order of June 30, 2021 (county framework and capacity limits ended; masks for the unvaccinated; CSPs mandatory)

Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending Prior Public Health Emergency Orders to Impose County-by-County Restrictions Due to COVID-19

Secretary of Health Tracie C. Collins, M.D., New Mexico (State)

Dates: In force from July 1, 2021 to July 30, 2021 (issued June 30, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careHealth care ordersWorkplace rules
Functions reached: MASK (unvaccinated customers and employees); EMP CSP compliance mandatory for every business; EMP rapid-response reporting; IN private schools; VS LTC visitation; HR vaccination status inquiries under CDC guidance
Grade: Primary source read
Days in this quarter: 30 (in force on the first day)

2. The following Public Health Emergency Orders remain in effect... C. April 5, 2021 Amended Public Health Emergency Order Temporarily Limiting Long-Term Care Facilities Visitation Due to COVID-19... I HEREBY DIRECT AS FOLLOWS: (1) Unless a healthcare provider instructs otherwise, all individuals shall wear a mask or multilayer cloth face covering in public settings except when: eating or drinking; exercising outdoors alone or with members of the same household; attending a small, outdoor gathering of fully vaccinated individuals. Notwithstanding the foregoing, fully vaccinated individuals are not required to wear a mask unless otherwise recommended by the latest official guidance from the Centers for Disease Control and Prevention ('CDC').... Businesses, establishments, houses of worship, and other non-profit entities shall also follow the latest official guidance from the CDC regarding…

Enforcement: Para. 6: citation of violation; civil administrative penalties up to $5,000 per violation, NMSA 1978, Section 12-10A-19; para. 5: DOH, DPS, DHSEM and all State agencies authorized to ensure compliance

Citation: Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of June 30, 2021 (county framework and capacity limits ended; masks for the unvaccinated; CSPs mandatory) (Ex. NM-060) Open the exhibit

Ex. NM-061

Executive Order 2021-044

Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from July 23, 2021 to Aug. 16, 2021
Quarters: 2021 Q3
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 25

[Executive Orders... 2021-023, and 2021-030] shall be renewed and extended through August 16, 2021.... [This] Order shall take effect July 23, 2021, and shall remain in effect until August 16, 2021, unless renewed, modified, or rescinded.

Enforcement: Section 12-10-10

Citation: Governor Michelle Lujan Grisham, Executive Order 2021-044 (July 23, 2021) (Ex. NM-061) Open the exhibit

Ex. NM-062

Public Health Emergency Order of July 30, 2021

Acting Secretary of Health David R. Scrase, M.D., New Mexico (State)

Dates: In force from July 30, 2021 to Aug. 27, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: EMP CSPs mandatory; EMP rapid-response reporting to NMED; MASK (CDC mandatory directives, i.e., the CDC conveyance order); IN private schools; WF
Grade: Primary source read
Days in this quarter: 29

(1) All individuals are strongly recommended to comply with official recommendations from the Centers for Disease Control and Prevention ('CDC') and required to comply with any mandatory directives issued by the CDC regarding the use of face masks. (2) Any business, establishment, or non-profit... which members of the public regularly visit must report to the New Mexico Environment Department when there is an occurrence of four (4) or more rapid responses within a fourteen (14) day period.... (3) All businesses, establishments, and non-profit entities must adhere to the pertinent COVID-Safe Practices. (4) Private educational institutions... shall adhere to the face covering and other COVID-Safe Practices requirements... contained in the New Mexico's Public Education Department's 'Reentry Guidance' and 'COVID-19 Response Toolkit for New Mexico's Public Schools'... (3) Nothing in this…

Enforcement: Para. 6: Section 12-10A-19, $5,000 per violation

Citation: Acting Secretary of Health David R. Scrase, M.D, Public Health Emergency Order of July 30, 2021 (Ex. NM-062) Open the exhibit

Ex. NM-063

Executive Order 2021-046

Amended Order Requiring State Employees to Comply with Certain Public Health Requirements

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Aug. 2, 2021 to Sept. 30, 2021 (issued July 30, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Functions reached: WF State workforce; CB State-agency customers and counterparties; HR
Grade: Primary source read
Days in this quarter: 60 (in force on the last day)

1. State employees shall comply with the provisions regarding the use of masks contained in the operative Public Health Order... 2. State employees who are not fully vaccinated against COVID-19, as defined by the Centers for Disease Control and Prevention, and willing and able to provide adequate proof of such vaccination shall: A. Provide adequate proof that the employee has tested negative for COVID-19 on a weekly basis; and B. Wear a mask or multilayer cloth face covering at all times during the course and scope of their employment except when eating or drinking... 3. Employees who refuse to abide by the above requirements may be subject to disciplinary action, up to and including termination... This Order shall take effect at 8:00 a.m. on August 2, 2021, and shall remain in effect until renewed, modified, or rescinded.

Enforcement: Para. 3: discipline up to termination

Citation: Governor Michelle Lujan Grisham, Executive Order 2021-046 (July 30, 2021) (Ex. NM-063) Open the exhibit

Ex. NM-064

Combined Supreme Court Order No. 21-8500-020 (amending PHE Protocol No. 1)

In the Matter of the Amendment of the New Mexico Judiciary Public Health Emergency Protocols (Protocol No. 1)

Supreme Court of New Mexico, New Mexico (Court)

Dates: In force from Aug. 9, 2021 to Aug. 16, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementCourts and public officesWorkplace rules
Functions reached: CT; CL; OF
Grade: Primary source read
Days in this quarter: 8

[Amendment of Emergency Court Protocol No. 1: Precautionary Measures for Operating Courthouses and Other Judicial Buildings, approved]

Enforcement: Order of the Supreme Court

Citation: Supreme Court of New Mexico, Combined Supreme Court Order No. 21-8500-020 (amending PHE Protocol No. 1) (Aug. 9, 2021) (Ex. NM-064) Open the exhibit

Ex. NM-065

Executive Order 2021-049

Renewing the State of Public Health Emergency Initially Declared in Executive Order 2020-004

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Aug. 16, 2021 to Sept. 15, 2021
Quarters: 2021 Q3
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 31

[Executive Orders... 2021-023, 2021-030, and 2021-044] shall be renewed and extended through September 15, 2021.... [This] Order shall take effect August 16, 2021, and shall remain in effect until September 15, 2021, unless renewed, modified, or rescinded.

Enforcement: Section 12-10-10

Citation: Governor Michelle Lujan Grisham, Executive Order 2021-049 (Aug. 16, 2021) (Ex. NM-065) Open the exhibit

Ex. NM-067

Public Health Emergency Order of August 17, 2021 (indoor mask mandate reinstated for all persons)

Acting Secretary of Health David R. Scrase, M.D., New Mexico (State)

Dates: In force from Aug. 17, 2021 to Sept. 15, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: MASK every indoor public setting: SF, DR, SL, FC, PE, WS, OF customer areas, LG; EMP CSPs and rapid-response reporting; IN schools; WF
Grade: Primary source read
Days in this quarter: 30

(1) Beginning Friday August 20, 2021, unless a healthcare provider instructs otherwise, all individuals age 2 years and older shall wear a mask or multilayer cloth face covering in all indoor public settings except when eating or drinking. Nothing in this Order shall be construed as prohibiting any business, house of worship, non-profit entity, or other entity from imposing more stringent requirements.... (2) Any business, establishment, or non-profit... which members of the public regularly visit must report to the New Mexico Environment Department when there is an occurrence of a rapid response.... (3) All businesses, establishments, and non-profit entities must adhere to the pertinent COVID-Safe Practices. (4) Private educational institutions... shall adhere to the face covering and other COVID-Safe Practices requirements... (4) This Order shall take effect immediately and remain in…

Enforcement: Para. 6: Section 12-10A-19, $5,000 per violation; para. 5: DOH, DPS, DHSEM and all State agencies

Citation: Acting Secretary of Health David R. Scrase, M.D, Public Health Emergency Order of August 17, 2021 (indoor mask mandate reinstated for all persons) (Aug. 17, 2021) (Ex. NM-067) Open the exhibit

Ex. NM-068

New Mexico PHO of Aug. 17, 2021 (school workers; hospital and congregate-care workers)

Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and Requiring Congregate Care Facility Workers, Hospital Workers, and Employees of the Office of the Governor Be Fully Vaccinated

Acting Secretary of Health David R. Scrase, M.D., New Mexico (State)

Dates: In force from Aug. 17, 2021 to Sept. 15, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careHealth care ordersEvents and venuesWorkplace rulesVaccination or testing
Functions reached: HR credentialing and hiring in hospitals, nursing homes, home-care agencies operating in congregate facilities, schools; WF (school and health-care workforce); IC infection control; IN school staffing; EV State Fair vendors, exhibitors and concessions; CB
Grade: Primary source read
Days in this quarter: 30

(1) Beginning Monday August 23, 2021, all school workers in any private school, public school, or charter school who are not fully vaccinated against COVID-19 or are unwilling to provide proof of vaccination to their respective supervisors shall: a. Provide adequate proof that the school worker has tested negative for COVID-19 on a weekly basis; and b. Wear a mask or multilayer cloth face covering at all times indoors... (3) All hospital workers, congregate care facility workers, and employees of the Office of the Governor Michelle Lujan Grisham are required to be fully vaccinated against COVID-19 unless they qualify for an exemption. If an individual does not qualify for an exemption, the individual shall: a. Receive the first dose of a COVID-19 vaccine within 10 days of the effective date of this Order and their second dose within 40 days of their first dose... (5)... the unvaccinated…

Enforcement: Public Health Emergency Response Act Section 12-10A-19 (civil administrative penalties); records to DOH on request

Citation: Acting Secretary of Health David R. Scrase, M.D, New Mexico PHO of Aug. 17, 2021 (school workers; hospital and congregate-care workers) (Ex. NM-068) Open the exhibit

Ex. NM-066

Supreme Court Order No. 21-8500-021 with Amended Emergency Court Protocols

In the Matter of the Amendment of the New Mexico Judiciary Public Health Emergency Protocols (reinstating face mask requirements; regular testing of unvaccinated judicial officers and employees; vaccination requirements for new employees)

Supreme Court of New Mexico (M. Vigil, C.J.), New Mexico (Court)

Dates: In force from Aug. 23, 2021 to Jan. 14, 2022 (issued Aug. 16, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementCourts and public officesWorkplace rulesVaccination or testing
Functions reached: CT courts; HR judicial hiring; CL in-person hearings; OF
Grade: Primary source read
Days in this quarter: 39 (in force on the last day)

upon recommendation to adopt amendments to New Mexico Judiciary Emergency Court Protocol No. 1 to reinstate face mask requirements for all judicial officers and judicial employees... the amendment of Emergency Court Protocol No. 1 is APPROVED, effective August 23, 2021. [Protocol No. 1 sections: C. Face Mask Requirements; D. On-Site Employees and Telework Procedures; E. Travel Restrictions for Judicial Officers and Employees; G. Regular Testing of Unvaccinated Judicial Officers and Employees; H. Vaccination Requirements for New Employees.]

Enforcement: Order of the Supreme Court; personnel rules

Citation: Supreme Court of New Mexico (M. Vigil, C.J.), Supreme Court Order No. 21-8500-021 with Amended Emergency Court Protocols (Aug. 16, 2021) (Ex. NM-066) Open the exhibit

Ex. NM-069

Executive Order 2021-054

Governor Michelle Lujan Grisham, New Mexico (State)

Dates: In force from Sept. 15, 2021 to Oct. 15, 2021
Quarters: 2021 Q3
Limitations: Emergency declaration
Functions reached: predicate: the emergency in force on Sept. 30, 2021
Grade: Primary source read
Days in this quarter: 16 (in force on the last day)

[Executive Orders 2020-022... 2020-085, 2021-001, 2021-004, 2021-010, 2021-011, 2021-012, 2021-023, 2021-030, 2021-044, and 2021-049] shall be renewed and extended through October 15, 2021. 2. All other powers, directives, and orders invoked in Executive Order 2020-004 remain in effect.... [This] Order shall take effect September 15, 2021, and shall remain in effect until October 15, 2021, unless renewed, modified, or rescinded.

Enforcement: Section 12-10-10

Citation: Governor Michelle Lujan Grisham, Executive Order 2021-054 (Sept. 15, 2021) (Ex. NM-069) Open the exhibit

Ex. NM-070

Public Health Emergency Order of September 15, 2021 (indoor mask mandate extended)

Acting Secretary of Health David R. Scrase, M.D., New Mexico (State)

Dates: In force from Sept. 15, 2021 to Oct. 15, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: MASK every indoor public setting; EMP CSPs; IN schools
Grade: Primary source read
Days in this quarter: 16 (in force on the last day)

[Restates NM-067:] all individuals age 2 years and older shall wear a mask or multilayer cloth face covering in all indoor public settings except when eating or drinking... All businesses, establishments, and non-profit entities must adhere to the pertinent COVID-Safe Practices... [recites that the] September 15, 2021 Amended Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and Requiring Congregate Care Facility Workers, Hospital Workers, and Employees of the Office of the Governor Be Fully Vaccinated [remains in effect]... [in effect through October 15, 2021]

Enforcement: Section 12-10A-19, $5,000 per violation

Citation: Acting Secretary of Health David R. Scrase, M.D, Public Health Emergency Order of September 15, 2021 (indoor mask mandate extended) (Sept. 15, 2021) (Ex. NM-070) Open the exhibit

Ex. NM-071

Amended Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and Requiring Congregate Care Facility Workers, Hospital Workers, and Employees of the Office of the Governor Be Fully Vaccinated (Sept. 15, 2021)

Amended Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and Requiring Congregate Care Facility Workers, Hospital Workers, and Employees of the Office of the Governor Be Fully Vaccinated

Acting Secretary of Health David R. Scrase, M.D., New Mexico (State)

Dates: In force from Sept. 15, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careHealth care ordersWorkplace rulesVaccination or testing
Functions reached: HR; WF; IC; IN; CB
Grade: Primary source read
Days in this quarter: 16 (in force on the last day)

[Restates NM-068 paras. 1-7 and adds:] [hospitals shall] report to the Department of Health the total number of (i) workers who are subject to this Order, (ii) fully vaccinated workers, (iii) partially vaccinated workers, (iv) unvaccinated workers, and (v) unvaccinated workers who have been granted an exemption from the COVID-19 vaccination requirement.... This Order shall take effect on September 15, 2021, and remain in effect for the duration of the public health emergency first declared in Executive Order 2020-004 and any subsequent renewals of that public health emergency declaration, unless otherwise rescinded.

Enforcement: Section 12-10A-19; records to DOH on request

Citation: Acting Secretary of Health David R. Scrase, M.D, Amended Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and Requiring Congregate Care Facility Workers, Hospital Workers, and Employees of the Office of the Governor Be Fully Vaccinated (Sept. 15, 2021) (Ex. NM-071) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. NM-025	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-025 with attached New Mexico Judiciary Public Health Emergency Protocols (Emergency Court Protocols Nos. 1-3) (July 6, 2020) (Ex. NM-025)	In force from July 6, 2020 to Dec. 14, 2020	Telework mandateGathering capFace-covering requirementTravel and quarantineCourts and public officesWorkplace rules
Ex. NM-059	Supreme Court of New Mexico, Supreme Court Order No. 21-8500-015 (amending PHE Protocols Nos. 1 and 2) (June 29, 2021) (Ex. NM-059)	In force from June 29, 2021 to Aug. 16, 2021	Telework mandateGathering capFace-covering requirementCourts and public offices
Ex. NM-001	Governor Michelle Lujan Grisham, Executive Order 2020-004 (Mar. 11, 2020) (Ex. NM-001)	In force from Mar. 11, 2020 to Oct. 15, 2021	Emergency declaration
Ex. NM-077	Governor Michelle Lujan Grisham; Public Education Secretary Ryan Stewart, K-12 public school closure (Mar. 13, 2020, effective Mar. 16 through Apr. 3; extended Mar. 27, 2020 through the end of the 2019-20 school year) and PED 'Reentry Guidance' (June 20, 2020) and 'COVID-19 Response Toolkit for New Mexico's Public Schools' (2021-22) (Ex. NM-077)	In force from Mar. 16, 2020 to Apr. 5, 2021 (issued Mar. 13, 2020)	Face-covering requirementSchools and child care
Ex. NM-009	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-007 (Mar. 24, 2020) (Ex. NM-009)	In force from Mar. 24, 2020 to Jan. 4, 2022	Courts and public officesOther
Ex. NM-017	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-017 (May 15, 2020) (Ex. NM-017)	In force from May 16, 2020 to July 6, 2020 (issued May 15, 2020)	Face-covering requirementCourts and public offices
Ex. NM-051	Governor Michelle Lujan Grisham, Executive Order 2021-006 (Feb. 10, 2021) (Ex. NM-051)	In force from Feb. 10, 2021 to Sept. 30, 2021	Travel and quarantine
Ex. NM-058	Governor Michelle Lujan Grisham, Executive Order 2021-030 (June 25, 2021) (Ex. NM-058)	In force from June 25, 2021 to July 23, 2021	Emergency declaration

Agencies, boards and authorities: New Mexico

Ex. AGY-ST-EDUCATION-HIGHER-ED-049

6.12.15 NMAC, COVID-19 School Requirements (emergency rule filed August 12, 2021)

Emergency rule imposing the 2021-22 COVID-19 requirements on public schools: masking, reporting, testing, isolation and quarantine, consistent with the PED toolkit (Ex. 050) and the public health orders

Secretary of Public Education Ryan Stewart, New Mexico Public Education Department; State level (State)

Dates: In force from Aug. 12, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rulesQuarantine and isolation
Functions reached: IN in-person instruction under the requirements; RL remote instruction for quarantined students; AC athletics; EMP staff rules; WF parents' workforce; CB families
Grade: Confirmed from a secondary source
Days in this quarter: 50 (in force on the last day)

Enforcement: N.M. Stat. s. 22-2-2 (PED supervision); Public Health Emergency Response Act penalties (s. 12-10A-19)

Citation: Secretary of Public Education Ryan Stewart, 6.12.15 NMAC, COVID-19 School Requirements (emergency rule filed August 12, 2021) (Aug. 12, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-049)

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-LABOR-WORKPLACE-027	New Mexico Environment Department; Environmental Improvement Board (permanent amendment); published by the Administrative Law Division, State Records Center and Archives, 11.5.1 NMAC, Occupational Health and Safety - General Provisions, § 11.5.1.16 Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities, with history note (Aug. 5, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-027)	In force from Aug. 5, 2020 to May 31, 2023	Workplace rulesQuarantine and isolation

Third quarter of 2021: the instruments in force, State of New Mexico

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):

NM-058
NM-059
NM-060
NM-061
NM-062
NM-063
NM-064
NM-065
NM-066
NM-067
NM-068
NM-069
NM-070
NM-071
NM-009 (writ-of-restitution stay, in force until NM-072 of Jan. 4, 2022; NM-072 is post-period, cited only for the duration of the writ stay, in_force_quarters.
NM-017 (Supreme Court Order 20-8500-017, courthouse masks from May 16, 2020; in force through Q3 2021 as continued by NM-059/NM-064/NM-066.
PHO Apr. 5, 2021 LTC visitation order (recited in NM-060 para. 2C; Register Vol. XXXII, Issue 8)
PED Reentry Guidance and COVID-19 Response Toolkit as incorporated by NM-060/062/067/070 para. 4

5. Standing duties in New Mexico

New Mexico governed the pandemic under Executive Order 2020-004 (Mar. 11, 2020; Ex. NM-001), a declaration of public health emergency under the Public Health Emergency Response Act, NMSA 1978, Sections 12-10A-1 to -19 ('PHERA'), and the All Hazard Emergency Management Act, Sections 12-10-1 to -10 ('AHEMA'), renewed without gap through October 15, 2021 (Ex. NM-069). The Secretary of Health's public health orders rested on the Public Health Act, Sections 24-1-1 to -40 ('PHA'), and the PHERA. Four standing statutes supplied the compulsion. First, the PHA gave the Department of Health authority to 'investigate, control and abate the causes of disease, especially epidemics,' to 'establish, maintain and enforce isolation and quarantine,' and to 'close any public place and forbid gatherings of people when necessary for the protection of the public health' (Section 24-1-3(C)-(E); Ex. DUT-NM-001); Section 24-1-15 authorized isolation and quarantine by public health order and forbade any person to enter an area of isolation or quarantine except as authorized (Ex. DUT-NM-002); Section 24-1-21 made 'any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to' it guilty of a petty misdemeanor and authorized enforcement 'by any appropriate civil action' (Ex. DUT-NM-003). Second, the PHERA authorized the Governor's declaration and directed her to authorize the Secretary of Health to coordinate the response (Section 12-10A-5; Ex. DUT-NM-004), and Section 12-10A-19 authorized 'a civil administrative penalty of up to five thousand dollars ($5,000) for each violation,' 'in addition to other remedies available against the same conduct under the common law or other statutes of this state' (Ex. DUT-NM-005); every public health order from March 2020 to September 2021 recited that penalty (Exs. NM-006, NM-041, NM-060, NM-067). The Supreme Court of New Mexico held in Grisham v. Reeb, 2021-NMSC-006 (Nov. 5, 2020), that the Legislature 'empower[ed] Petitioners to enforce public health emergency orders restricting business operations through the civil penalty provision contained in Section 12-10A-19' (Ex. DUT-NM-012, paras. 1, 30, 40), and in Lujan Grisham v. Romero, 2021-NMSC-009 (Feb. 15, 2021), that the Secretary was 'authorized to restrict or close businesses when necessary for the protection of public health' and that the July 13, 2020 closure of indoor dining was not arbitrary or capricious (Ex. DUT-NM-013, paras. 1, 26, 38, 44). Third, the AHEMA authorized the Governor to 'issue, amend or rescind the necessary orders, rules and procedures' and made it 'the duty of all political subdivisions of the state... to comply with and enforce all executive orders and rules made by the governor' (Sections 12-10-4(B), 12-10-10(A); Ex. DUT-NM-006); the AHEMA contains no penalty provision of its own, and the offense and penalty provisions that reached the emergency orders were Sections 24-1-21 and 12-10A-19. Fourth, the Occupational Health and Safety Act, Section 50-9-5(A), commanded that 'every employer 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,' with civil penalties under Section 50-9-24 of up to $126,749 for each willful or repeated violation and $12,675 for each serious violation (Ex. DUT-NM-007); New Mexico is a State-plan State whose Environment Department Occupational Health and Safety Bureau ('OHSB') administers the Act under 11.5.1 NMAC (Ex. AGY-ST-LABOR-WORKPLACE-027) and, from August 5, 2020, under the emergency amendment to 11.5.1.16 NMAC requiring employers to report every positive COVID-19 case within four hours (Exs. AGY-ST-LABOR-WORKPLACE-066, -069). The Department of Health's control-of-disease rule, 7.4.3.9 NMAC, authorized isolation or quarantine 'of any animal, person, institution, community or region' and made every departmental order 'enforceable as provided by law and... punishable in accordance with Section 24-1-21' (Ex. DUT-NM-009). The Food Service Sanitation Act forbade operation of a food service establishment without 'a valid and unsuspended permit' and authorized immediate suspension where conditions 'present a substantial danger of illness, serious physical harm or death to consumers' (Sections 25-1-7(A), 25-1-9, 25-1-12; Ex. DUT-NM-008); on May 22, 2020 the Environment Department used that power to suspend the permits of two restaurants that opened for dine-in service against the public health order, reciting Section 25-1-9 and the May 15, 2020 order (Exs. DUT-NM-015, DUT-NM-018). The operating conditions were written into the orders themselves: from the May 15, 2020 order forward, 'Essential businesses must operate in accordance with the pertinent COVID-Safe Practices (CSPs) section(s) of the All Together New Mexico: COVID-Safe Practices for Individuals and Employers' (Ex. NM-016 para. 2; Ex. NM-021 para. 3), and from July 1, 2021 through the end of the period 'All businesses, establishments, and non-profit entities must adhere to the pertinent COVID-Safe Practices' (Ex. NM-060 para. 3; Exs. NM-062, NM-067, NM-070). The incorporated document distinguishes 'Required' practices from 'Best Practices': the Required practices for all employers included remote work 'to the greatest extent possible,' six feet of distance 'wherever possible,' face coverings 'at all times when in the presence of others,' daily screening of employees, exclusion of close contacts 'until authorized by the Department of Health,' and 'Adhere to all CDC and OSHA guidelines' (Ex. DUT-NM-010 at 9-10). The Environment Department's rapid-response program answered every reported workplace case (215 rapid responses in the week of July 20-26, 2020; Ex. DUT-NM-019), and from October 20, 2020 the Department published a daily watchlist to assist OHSB and other agencies 'in evaluating whether such organizations are complying with the State's Public Health Orders and COVID-Safe Practices' (Ex. DUT-NM-017), while the October 22, 2020 order required any business with four or more rapid responses in fourteen days to close for fourteen days (Ex. NM-036 para. 15). New Mexico enacted no COVID-19 liability shield in 2020 or 2021: HB 16 of the 2020 First Special Session, which would have immunized a business open to the public only 'if the person complies with federal and state laws that provide requirements for mitigation of the spread of coronavirus disease 2019,' was referred to the House Rules and Order of Business Committee on June 19, 2020 and was never heard (Ex. DUT-NM-016). The ordinary standard of care therefore remained in force, and the public health orders and the CSPs they incorporated fixed what a business open to the public was required to do.

The phase question

Whether the measures New Mexico employers took beyond the four corners of the closure and capacity orders were 'voluntary' in the sense of Notice 2021-20 Q&A-14 (an employer that suspends or reduces operations 'not due to a governmental order'). Answer: they were not. From May 16, 2020 through September 30, 2021 every public health order let a business operate only on the condition that it 'operate in accordance with the pertinent COVID-Safe Practices' (Ex. NM-016 para. 2; Ex. NM-021 para. 3) or 'adhere to the pertinent COVID-Safe Practices' (Ex. NM-060, NM-062, NM-067, NM-070 para. 3), enforceable by a $5,000 civil administrative penalty for each violation under NMSA 1978, Section 12-10A-19 (Ex. DUT-NM-005), by the petty-misdemeanor provision of Section 24-1-21 (Ex. DUT-NM-003), by immediate suspension of a food service permit under Section 25-1-9 (Exs. DUT-NM-008, DUT-NM-018) and by the Occupational Health and Safety Act's civil penalties (Ex. DUT-NM-007). The Supreme Court of New Mexico held in Grisham v. Reeb (Nov. 5, 2020) and Lujan Grisham v. Romero (Feb. 15, 2021) that the Secretary of Health was authorized to restrict or close businesses under the Public Health Act and the PHERA concurrently and to enforce those orders against businesses through the PHERA's civil penalty (Exs. DUT-NM-012, DUT-NM-013). New Mexico enacted no liability shield; the one bill introduced (HB 16, 2020 First Special Session) died in committee and would itself have conditioned immunity on compliance with 'federal and state laws that provide requirements for mitigation' (Ex. DUT-NM-016).

The State's standing duties

Ex. DUT-NM-001

NMSA 1978, Section 24-1-3 (Powers and authority of department)

Public Health Act: powers of the Department of Health to control and abate epidemics, to establish, maintain and enforce isolation and quarantine, and to close any public place and forbid gatherings

Legislature of New Mexico (Public Health Act, administered by the Department of Health), New Mexico (State)

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

The department has authority to:... C. investigate, control and abate the causes of disease, especially epidemics, sources of mortality and other conditions of public health; D. establish, maintain and enforce isolation and quarantine; E. close any public place and forbid gatherings of people when necessary for the protection of the public health.

Enforcement: NMSA 1978, § 24-1-21: petty misdemeanor (fine up to $100 or up to six months, or both); civil enforcement (Ex. DUT-NM-003)

Citation: Legislature of New Mexico (Public Health Act, administered by the Department of Health), NMSA 1978, Section 24-1-3 (Powers and authority of department) (standing) (Ex. DUT-NM-001) Open the exhibit

Ex. DUT-NM-002

NMSA 1978, Section 24-1-15 (Isolation; quarantine; protocol)

Public Health Act: isolation and quarantine by public health order; prohibition on entering an area of isolation or quarantine

Legislature of New Mexico (Public Health Act, administered by the Department of Health), New Mexico (State)

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

The secretary... may, by public health order, temporarily isolate or quarantine a person or group of persons if delay in isolating or quarantining would significantly jeopardize the secretary's ability to prevent or limit the transmission to others of a threatening communicable disease.... A person shall not enter an area of isolation or quarantine except as authorized by the department.

Enforcement: NMSA 1978, § 24-1-21 (petty misdemeanor; civil enforcement); court-ordered isolation or quarantine under § 24-1-15(A)-(J)

Citation: Legislature of New Mexico (Public Health Act, administered by the Department of Health), NMSA 1978, Section 24-1-15 (Isolation; quarantine; protocol) (standing) (Ex. DUT-NM-002) Open the exhibit

Ex. DUT-NM-003

NMSA 1978, Section 24-1-21 (Penalties)

Public Health Act: petty misdemeanor for violating the Act or any order, rule or regulation adopted under it; civil enforcement by the department

Legislature of New Mexico (Public Health Act), New Mexico (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 the Public Health Act or any order, rule or regulation adopted pursuant to [it] is guilty of a petty misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100) or imprisonment... not to exceed six months or both... The department also may enforce its rules and orders by any appropriate civil action.

Enforcement: Petty misdemeanor: fine up to $100, imprisonment up to six months, or both; civil action

Citation: Legislature of New Mexico (Public Health Act), NMSA 1978, Section 24-1-21 (Penalties) (standing) (Ex. DUT-NM-003) Open the exhibit

Ex. DUT-NM-004

NMSA 1978, Sections 12-10A-5 (Declaring a state of public health emergency) and 12-10A-6 (Special powers during a public health emergency)

Public Health Emergency Response Act: the Governor's declaration, the Secretary of Health's coordination of the response, and the special powers over health care facilities and supplies

Legislature of New Mexico (Public Health Emergency Response Act), New Mexico (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care ordersSupply chainStanding duty
Character: statutory authority
Grade: Primary source read

A state of public health emergency may be declared by the governor upon the occurrence of a public health emergency. Prior to a declaration of a state of public health emergency, the governor shall consult with the secretary of health. The governor shall authorize the secretary of health, the secretary of public safety and the director to coordinate a response to the public health emergency.

Enforcement: NMSA 1978, § 12-10A-19: civil administrative penalty up to $5,000 for each violation (Ex. DUT-NM-005)

Citation: Legislature of New Mexico (Public Health Emergency Response Act), NMSA 1978, Sections 12-10A-5 (Declaring a state of public health emergency) and 12-10A-6 (Special powers during a public health emergency) (standing) (Ex. DUT-NM-004) Open the exhibit

Ex. DUT-NM-005

NMSA 1978, Section 12-10A-19 (Enforcement; civil penalties)

Public Health Emergency Response Act: civil administrative penalty of up to $5,000 for each violation, cumulative with all other remedies

Legislature of New Mexico (Public Health Emergency Response Act), New Mexico (State)

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

The secretary of health, the secretary of public safety or the director may enforce the provisions of the [Act] by imposing a civil administrative penalty of up to five thousand dollars ($5,000) for each violation of that act.... The enforcement authority... is in addition to other remedies available against the same conduct under the common law or other statutes of this state.

Enforcement: Civil administrative penalty up to $5,000 for each violation, after a hearing under rules adopted under § 12-10A-17 (7.1.30 NMAC)

Citation: Legislature of New Mexico (Public Health Emergency Response Act), NMSA 1978, Section 12-10A-19 (Enforcement; civil penalties) (standing) (Ex. DUT-NM-005) Open the exhibit

Ex. DUT-NM-006

NMSA 1978, Sections 12-10-4 (powers of the governor) and 12-10-10 (Enforcement of executive orders and rules)

All Hazard Emergency Management Act: the Governor's power to issue orders and to take any action necessary to protect the public health, safety and welfare; the duty of political subdivisions to comply with and enforce the Governor's executive orders

Legislature of New Mexico (All Hazard Emergency Management Act), New Mexico (State)

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

It is the duty of all political subdivisions of the state and their coordinators of the all hazard emergency management programs appointed pursuant to the provisions of the All Hazard Emergency Management Act... to comply with and enforce all executive orders and rules made by the governor or under the governor's authority pursuant to law.

Enforcement: None in the AHEMA itself; violations of the emergency orders were prosecuted under NMSA 1978, §§ 24-1-21 and 12-10A-19 and, for quarantine, through the PHERA's isolation and quarantine procedures

Citation: Legislature of New Mexico (All Hazard Emergency Management Act), NMSA 1978, Sections 12-10-4 (powers of the governor) and 12-10-10 (Enforcement of executive orders and rules) (standing) (Ex. DUT-NM-006) Open the exhibit

Ex. DUT-NM-007

NMSA 1978, Section 50-9-5 (Employer and employee duties), with Section 50-9-24 (Penalties)

Occupational Health and Safety Act: every employer shall furnish employment and a place of employment free from recognized hazards likely to cause death or serious physical harm and shall comply with the board's health and safety regulations

Legislature of New Mexico (Occupational Health and Safety Act, administered by the Environment Department, Occupational Health and Safety Bureau, under the Environmental Improvement Board), New Mexico (State)

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

A. Every employer 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. B. Every employer shall furnish and maintain a place of employment that must comply with the health and safety regulations promulgated by the board.

Enforcement: § 50-9-24: civil penalty up to $126,749 for each willful or repeated violation (minimum $9,054 for each willful violation); up to $12,675 for each serious violation; up to $12,675 for each day of failure to abate; criminal penalties for willful violations causing death (§ 50-9-24(F)-(G))

Citation: Legislature of New Mexico (Occupational Health and Safety Act, administered by the Environment Department, Occupational Health and Safety Bureau, under the Environmental Improvement Board), NMSA 1978, Section 50-9-5 (Employer and employee duties), with Section 50-9-24 (Penalties) (standing) (Ex. DUT-NM-007) Open the exhibit

Ex. DUT-NM-008

NMSA 1978, Sections 25-1-7 (Permits), 25-1-9 (Immediate suspension of permit by agency), 25-1-12 (Enforcement) and 25-1-13 (Disease control)

Food Service Sanitation Act: no operation without a valid and unsuspended permit; immediate suspension for conditions presenting a substantial danger of illness; injunction and civil penalty; exclusion of infectious workers

Legislature of New Mexico (Food Service Sanitation Act, administered by the Environment Department, Environmental Health Bureau), New Mexico (State)

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

No person may operate a food service establishment unless he possesses a valid and unsuspended permit... The agency may suspend a permit immediately without prior notice to the holder of the permit if it determines, after inspection, that conditions within a food service establishment present a substantial danger of illness, serious physical harm or death to consumers...

Enforcement: Immediate permit suspension (§ 25-1-9); injunction and civil penalty up to $500 for each violation, each violation a separate offense (§ 25-1-12); revocation (§ 25-1-7)

Citation: Legislature of New Mexico (Food Service Sanitation Act, administered by the Environment Department, Environmental Health Bureau), NMSA 1978, Sections 25-1-7 (Permits), 25-1-9 (Immediate suspension of permit by agency), 25-1-12 (Enforcement) and 25-1-13 (Disease control) (standing) (Ex. DUT-NM-008) Open the exhibit

Ex. DUT-NM-009

7.4.3 NMAC, Control of Disease and Conditions of Public Health Significance, § 7.4.3.9

Department of Health rule: responsibility for protection of public health; imposition of isolation or quarantine of any person, institution, community or region; closure of schools and facilities; enforcement of public health orders under Section 24-1-21

New Mexico Department of Health (rule codified by the State Records Center and Archives), New Mexico (State)

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

The department of health may establish or require isolation or quarantine of any animal, person, institution, community or region.... Any order issued by the department of health under the Public Health Act or these rules shall be enforceable as provided by law and violation is punishable in accordance with Section 24-1-21 NMSA 1978.

Enforcement: NMSA 1978, § 24-1-21 (petty misdemeanor; civil enforcement), as 7.4.3.9(G) NMAC provides

Citation: New Mexico Department of Health (rule codified by the State Records Center and Archives), 7.4.3 NMAC, Control of Disease and Conditions of Public Health Significance, § 7.4.3.9 (standing) (Ex. DUT-NM-009) Open the exhibit

Ex. DUT-NM-010

All Together New Mexico: COVID-Safe Practices for Individuals and Employers (version of May 27, 2020)

COVID-Safe Practices for All Employers and for retail, restaurants, grocery, lodging and other sectors: the 'Required' practices and the 'Best Practices'

Office of the Governor and New Mexico Department of Health ('All Together New Mexico'), incorporated by reference in the Secretary of Health's public health orders, New Mexico (State)

Dates: Standing (2020-05-16 (mandatory by incorporation from the May 15, 2020 order, effective May 16))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Telework mandateGathering capFace-covering requirementWorkplace rulesOperating condition
Character: guidance incorporated
Grade: Primary source read

Required... Limit operations to remote work to the greatest extent possible.... Ensure all employees have face coverings or masks and wear them in the workplace at all times when in the presence of others... Screen employees before they enter the workplace each day... Adhere to all CDC and OSHA guidelines.

Enforcement: Through the incorporating orders: NMSA 1978, § 12-10A-19 ($5,000 per violation) and § 24-1-21; NMED rapid-response closures under the Oct. 22, 2020 order (Ex. NM-036 para. 15)

Citation: Office of the Governor and New Mexico Department of Health ('All Together New Mexico'), incorporated by reference in the Secretary of Health's public health orders, All Together New Mexico: COVID-Safe Practices for Individuals and Employers (version of May 27, 2020) (Ex. DUT-NM-010) Open the exhibit

Ex. DUT-NM-011

New Mexico Occupational Safety and Health Bureau COVID-19 Frequently Asked Questions (FAQ) (as captured April 15, 2020)

OHSB COVID-19 FAQ for employers: the March 23, 2020 public health order, assessment of every job process for exposure, PPE and respirator requirements, reporting PHO violations to the State Police

New Mexico Environment Department, Occupational Health and Safety Bureau (State OSHA plan), New Mexico (State)

Dates: Standing (2020-04-15)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesOperating condition
Character: recommendation only
Grade: Primary source read

For businesses that are listed as essential and are therefore able to remain open to the public, each job process must be assessed to determine the risk of exposure to COVID-19.... To report any business that is in violation of the PHO email [email protected] or call local law enforcement's non-emergency phone number

Enforcement: None in the FAQ itself; the assessment duty restates the employer's obligations under § 50-9-5 and the adopted PPE and respiratory-protection standards, enforceable under § 50-9-24; PHO violations enforceable under §§ 24-1-21 and 12-10A-19

Citation: New Mexico Environment Department, Occupational Health and Safety Bureau (State OSHA plan), New Mexico Occupational Safety and Health Bureau COVID-19 Frequently Asked Questions (FAQ) (as captured April 15, 2020) (Apr. 15, 2020) (Ex. DUT-NM-011) Open the exhibit

Ex. DUT-NM-012

Grisham v. Reeb, 2021-NMSC-006, 480 P.3d 852, No. S-1-SC-38336 (N.M. Nov. 5, 2020)

Opinion holding that the Legislature empowered the Governor and Secretary of Health to enforce public health emergency orders restricting business operations through the $5,000 civil administrative penalty of Section 12-10A-19

Supreme Court of New Mexico (Vigil, J., for a unanimous Court), New Mexico (Court)

Dates: Standing (2020-11-05)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureGathering capStanding duty
Character: adjudication
Grade: Primary source read

Did New Mexico's Legislature empower Petitioners to enforce public health emergency orders restricting business operations through the civil penalty provision contained in Section 12-10A-19 of the Public Health Emergency Response Act (PHERA), NMSA 1978, §§ 12-10A-1 to -19 (2003, as amended through 2015)? As we explain below, the answer is 'yes.'

Enforcement: Civil administrative penalty up to $5,000 for each violation (§ 12-10A-19), cumulative with the petty misdemeanor of § 24-1-21

Citation: Supreme Court of New Mexico (Vigil, J., for a unanimous Court), Grisham v. Reeb, 2021-NMSC-006, 480 P.3d 852, No. S-1-SC-38336 (N.M. Nov. 5, 2020) (standing) (Ex. DUT-NM-012) Open the exhibit

Ex. DUT-NM-013

Lujan Grisham v. Romero, 2021-NMSC-009, 483 P.3d 545, No. S-1-SC-38396 (N.M. Feb. 15, 2021)

Opinion holding that the Governor and Secretary of Health are authorized to restrict or close businesses when necessary for the protection of public health and that the July 13, 2020 closure of indoor dining was not arbitrary and capricious

Supreme Court of New Mexico, New Mexico (Court)

Dates: Standing (2021-02-15)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Business closureCapacity limitStanding duty
Character: adjudication
Grade: Primary source read

we answer two questions: (1) whether Petitioners are authorized to restrict or close businesses when necessary for the protection of public health and (2) whether the renewed temporary closure of indoor dining... was arbitrary and capricious. With respect to the first question we hold... that Petitioners are so authorized.

Enforcement: Enforcement under §§ 24-1-21 and 12-10A-19 as held in Grisham v. Reeb (Ex. DUT-NM-012)

Citation: Supreme Court of New Mexico, Lujan Grisham v. Romero, 2021-NMSC-009, 483 P.3d 545, No. S-1-SC-38396 (N.M. Feb. 15, 2021) (standing) (Ex. DUT-NM-013) Open the exhibit

Ex. DUT-NM-014

Legacy Church, Inc. v. Kunkel, No. CIV 20-0327 JB/SCY, Memorandum Opinion and Order, Doc. 80 (D.N.M. July 13, 2020)

Memorandum opinion denying a preliminary injunction against the Secretary of Health's public health orders and holding the orders neutral and generally applicable

United States District Court for the District of New Mexico (Browning, J.), New Mexico (federal district court) (Court)

Dates: Standing (2020-07-13)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureGathering capEvents and venues
Character: adjudication
Grade: Primary source read

The Court concludes that: (i) Legacy Church is not substantially likely to succeed on the merits of its claim that the Public Health Orders violate Legacy Church's Free Exercise rights, because the Public Health Orders are neutral with respect to religion and generally applicable.

Enforcement: As recited in the orders: §§ 24-1-21, 12-10A-19

Citation: United States District Court for the District of New Mexico (Browning, J.), Legacy Church, Inc. v. Kunkel, No. CIV 20-0327 JB/SCY, Memorandum Opinion and Order, Doc. 80 (D.N.M. July 13, 2020) (standing) (Ex. DUT-NM-014) Open the exhibit

Ex. DUT-NM-015

NMED News Release, 'Environment Department suspends food service permits for two restaurants operating in violation of state law' (May 22, 2020)

Announcement of the immediate suspension of the food service permits of Jalisco Cafe (Silver City) and Anaheim Jacks (Ruidoso) for opening dine-in service against the public health order

New Mexico Environment Department (Cabinet Secretary James C. Kenney), New Mexico (State)

Dates: Standing (2020-05-22)
Quarters: 2020 Q2
Limitations: Business closureOperating condition
Character: enforcement record
Grade: Primary source read

The New Mexico Environment Department (NMED) suspended food permits from two restaurants that opened for dine-in service in violation of the Food Service and Sanitation Act.... Dine-in service is prohibited under the state's public health order.... The two restaurants must cease providing food service immediately. Failing to do so may result in legal action from the Department.

Enforcement: Immediate permit suspension (§ 25-1-9); injunction and $500 per violation (§ 25-1-12)

Citation: New Mexico Environment Department (Cabinet Secretary James C. Kenney), NMED News Release, 'Environment Department suspends food service permits for two restaurants operating in violation of state law' (May 22, 2020) (Ex. DUT-NM-015) Open the exhibit

Ex. DUT-NM-016

House Bill 16 (2020 First Special Session), 'Coronavirus Tort Claim Immunity'

Bill to immunize a business open to the public from liability for COVID-19 exposure claims if it 'complies with federal and state laws that provide requirements for mitigation'; referred to the House Rules and Order of Business Committee June 19, 2020 and never heard

New Mexico House of Representatives, 54th Legislature, First Special Session, 2020 (bill as introduced), New Mexico (State)

Dates: Standing (Never effective)
Limitations: Other
Character: unenacted bill
Grade: Primary source read

A person who operates a business, facility or activity that is open to the public shall not be liable for a breach of duty of care when damages or injury are alleged to result from exposure or potential exposure to coronavirus disease 2019 if the person complies with federal and state laws that provide requirements for mitigation of the spread of coronavirus disease 2019.

Enforcement: n/a

Citation: New Mexico House of Representatives, 54th Legislature, First Special Session, 2020 (bill as introduced), House Bill 16 (2020 First Special Session), 'Coronavirus Tort Claim Immunity' (June 19, 2020) (Ex. DUT-NM-016) Open the exhibit

Ex. DUT-NM-017

NMED News Release, 'Daily Rapid Response COVID-19 Watchlist published to further protect New Mexicans from COVID-19 exposure' (Oct. 20, 2020), with the watchlist of Oct. 19, 2020

Announcement that NMED will publish daily the names of every entity with two or more rapid responses in fourteen days, to assist OHSB and other agencies in evaluating compliance with the public health orders and the COVID-Safe Practices

New Mexico Environment Department (Cabinet Secretary James C. Kenney), New Mexico (State)

Dates: Standing (2020-10-20 (daily publication thereafter))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesOperating condition
Character: enforcement record
Grade: Primary source read

The Rapid Response COVID-19 Watchlist will also assist NMED's Occupational Health and Safety Bureau... in evaluating whether such organizations are complying with the State's Public Health Orders and COVID-Safe Practices. Regulatory agencies may initiate compliance investigations and/or exercise enforcement... where these organizations failed to adhere to required practices.

Enforcement: Compliance investigations and enforcement under the OHSA (§ 50-9-24) and the public health orders (§ 12-10A-19); fourteen-day closure under Ex. NM-036

Citation: New Mexico Environment Department (Cabinet Secretary James C. Kenney), NMED News Release, 'Daily Rapid Response COVID-19 Watchlist published to further protect New Mexicans from COVID-19 exposure' (Oct. 20, 2020), with the watchlist of Oct. 19, 2020 (Ex. DUT-NM-017) Open the exhibit

Ex. DUT-NM-018

Notice of Immediate Food Service Permit Suspension, Jalisco Cafe, Permit No. 000228 (May 22, 2020)

Enforcement instrument suspending a restaurant's food service permit for dine-in operation 'given the public health emergency declared by the Governor... and the Public Health Order issued by the Secretary of the Department of Health (May 15, 2020)'

New Mexico Environment Department, Environmental Health Bureau, New Mexico (State)

Dates: Standing (2020-05-22 (effective when communicated, § 25-1-9))
Quarters: 2020 Q2
Limitations: Business closureOperating condition
Character: sanitary code duty
Grade: Primary source read

the food service permit for Jalisco Cafe... is immediately suspended for violating the Food Service and Sanitation Act. The Permittee is operating in a manner that presents a substantial danger of illness, serious physical harm or death to consumers who patronize the food service establishment for dine in service given the public health emergency declared by the Governor

Enforcement: Permit suspension; injunction; civil penalty up to $500 per violation, each violation a separate offense (§ 25-1-12)

Citation: New Mexico Environment Department, Environmental Health Bureau, Notice of Immediate Food Service Permit Suspension, Jalisco Cafe, Permit No. 000228 (May 22, 2020) (Ex. DUT-NM-018) Open the exhibit

Ex. DUT-NM-019

NMED, 'COVID-19 Rapid Response Update' (July 27, 2020)

Weekly report of the State's rapid responses to reported workplace COVID-19 cases: 215 rapid responses in the week of July 20-26, 2020, by industry

New Mexico Environment Department (rapid-response program with the Department of Health), New Mexico (State)

Dates: Standing (2020-07-27)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

215 Rapid Responses July 20 - July 26... ALL NEW MEXICO COVID-19 RAPID RESPONSES SINCE MAY 2020... Health Care, 17.5%... Restaurants, 16%... Retail and Wholesale (Non-Food), 15.5%... Construction, 8.4%... Transportation & Warehousing, 6.2%... Social Assistance, 6%... Public Administration, 5.8%... Manufacturing, 4.3%

Enforcement: Through the orders and the OHSA; from Oct. 23, 2020, fourteen-day closure after four rapid responses (Ex. NM-036)

Citation: New Mexico Environment Department (rapid-response program with the Department of Health), NMED, 'COVID-19 Rapid Response Update' (July 27, 2020) (Ex. DUT-NM-019) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

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

Duties of employers and employees

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

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

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

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

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

Ex. DUT-FED-002

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

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

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

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

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

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

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

Ex. DUT-FED-003

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

General requirements (Subpart I, Personal Protective Equipment)

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

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

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

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

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

Ex. DUT-FED-004

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

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

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

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

Enforcement: 29 U.S.C. 666

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

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

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

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

Enforcement: 29 U.S.C. 666

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

Ex. DUT-FED-006

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

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

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

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

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

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

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

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

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

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates: Standing (2021-01-29)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-08-13)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-06)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

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

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates: Standing (2020-09-09)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates: Standing (2020-09-11)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates: Standing (2021-04-22)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates: Standing (2021-04-15)
Quarters: 2020 Q42021 Q2
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates: Standing (2020-10-09)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-11-06)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Character: agency enforcement summary
Grade: Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates: Standing (2020-12-08)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates: Standing (2021-04-20)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

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

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

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

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: liability shield condition
Grade: Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates: Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Character: agency interpretation
Grade: Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

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

Dates: Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Vaccination or testingOther
Character: liability shield condition
Grade: Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates: Standing (2020-04-17)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-09-08)
Quarters: 2020 Q32020 Q4
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

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

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

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

Dates: Standing (2020-03-21)
Quarters: 2020 Q2
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

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

Dates: Standing (2020-05-06)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates: Standing (2020-03-18)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

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

Dates: Standing (2020-07-15)
Quarters: 2020 Q32020 Q4
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-04-26)
Quarters: 2020 Q22020 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character: agency guidance recommendation
Grade: Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-07-09)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

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

Dates: Standing (2020-04-08)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

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

Dates: Standing (2020-05-27)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates: Standing (2020-03-13)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rules
Character: agency position statement
Grade: Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates: Standing (2021-01-08)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates: Standing (2021-10-01)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-12-16)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2021-05-28)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-06-10)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates: Standing (2022-06-06)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rules
Character: adjudication
Grade: Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

6. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business in New Mexico 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 248 instruments in force for this selection: 26 instruments from the State of New Mexico (Secretary of Health Kathyleen M. Kunkel, 'as directed by the Governor pursuant to the full scope of her emergency powers', New Mexico Public Health Emergency Order (Mar. 23, 2020; eff. Mar. 24, 8:00 a.m.) (Ex. NM-006); Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending the March 23, 2020 Public Health Emergency Order Closing All Businesses and Non-Profit Entities Except for those Deemed Essential (Apr. 6, 2020) (Ex. NM-010); Secretary of Health Kathyleen M. Kunkel, Amended Public Health Emergency Order of April 11, 2020 (houses of worship) (Apr. 11, 2020) (Ex. NM-011); and 23 more), 4 instruments from the agencies, boards and authorities of New Mexico (New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, Director's letter to licensees: Notice of Cessation of Games of Chance in accordance with the Amended Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 (Mar. 19, 2020) (Ex. AGY-ST-GAMING-RACING-089); New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, Director's letter to bingo and gaming licensees re: Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 (Mar. 13, 2020) (Ex. AGY-ST-GAMING-RACING-090); New Mexico Corrections Department, NMCD release, 'Extension of visitation changes' (Apr. 28, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-047); and 1 more), 179 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190); and 176 more) and 39 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 37 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: SF (Ex. NM-010); GATH (Ex. NM-010); DR (Ex. NM-005); CB (Ex. NM-010); CB litigants (Ex. NM-004); CT courts (Ex. NM-004); GATH 5 (Ex. NM-016); LG (Ex. NM-010); MASK (Ex. NM-021); OF (Ex. NM-010).

Step three, the change compelled. Secretary of Health Kathyleen M. Kunkel, 'as directed by the Governor pursuant to the full scope of her emergency powers', New Mexico Public Health Emergency Order (Mar. 23, 2020; eff. Mar. 24, 8:00 a.m.) (Ex. NM-006) ordered: "'Mass gathering' means any public or private gathering that brings together five (5) or more individuals in a single room or connected space, confined outdoor space or an open outdoor space where individuals are within six (6) feet of each other... (1) All Mass Gatherings are hereby prohibited...…" Enforcement: Para. 7: Department of Public Safety, DHSEM, Environment Department and all State agencies 'authorized to take all appropriate steps to ensure compliance'… Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending the March 23, 2020 Public Health Emergency Order Closing All Businesses and Non-Profit Entities Except for those Deemed Essential (Apr. 6, 2020) (Ex. NM-010) ordered: "(2) All businesses, except those entities identified as 'essential businesses', are hereby directed to reduce the in-person workforce at each business or business location by 100%.... (4) The maximum number of customers allowed in a 'retail space' at any given time shall be equal to 20% of the…" Enforcement: Para. 10: State agencies authorized to ensure compliance; Section 24-1-21; Section 12-10A-19 Secretary of Health Kathyleen M. Kunkel, Amended Public Health Emergency Order of April 11, 2020 (houses of worship) (Apr. 11, 2020) (Ex. NM-011) ordered: "(1) All Mass Gatherings are hereby prohibited... Churches, synagogues, mosques, and all other houses of worship shall adhere to this restriction, but nothing in this order is intended to preclude these faith-based institutions from holding services through audiovisual means." Enforcement: As NM-010 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. New Mexico Public Health Emergency Order (Mar. 23, 2020; eff. Mar. 24, 8:00 a.m.) (Ex. NM-006) was in force from Mar. 24, 2020 to May 15, 2020, 53 of the quarter's 110 days; Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and… (Ex. NM-010) was in force from Apr. 7, 2020 to Apr. 30, 2020, 24 of the quarter's 110 days; Amended Public Health Emergency Order of April 11, 2020 (houses of worship) (Ex. NM-011) was in force from Apr. 11, 2020 to Apr. 30, 2020, 20 of the quarter's 110 days. Of the 30 instruments in the quarter's record, 3 were in force on its first day, 18 on its last day and 2 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the third quarter of 2020 the Library holds 230 instruments in force for this selection: 18 instruments from the State of New Mexico (Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of June 30, 2020 (extension; retail mask-entry rule) (Ex. NM-023); Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of July 13, 2020 (indoor dining closed; parks residents only; masks while exercising) (Ex. NM-026); Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of July 30, 2020 (Ex. NM-027); and 15 more), 6 instruments from the agencies, boards and authorities of New Mexico (New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, Director's letter to licensees: Notice of Cessation of Games of Chance in accordance with the Amended Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 (Mar. 19, 2020) (Ex. AGY-ST-GAMING-RACING-089); New Mexico Corrections Department, NMCD release, 'Extension of visitation changes' (Apr. 28, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-047); New Mexico Environment Department; Environmental Improvement Board (permanent amendment); published by the Administrative Law Division, State Records Center and Archives, 11.5.1 NMAC, Occupational Health and Safety - General Provisions, § 11.5.1.16 Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities, with history note (Aug. 5, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-027); and 3 more), 163 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); and 160 more) and 43 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 41 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: MASK (Ex. NM-023); EMP (Ex. AGY-ST-LABOR-WORKPLACE-027); HR (Ex. AGY-ST-LABOR-WORKPLACE-027); OP (Ex. AGY-ST-LABOR-WORKPLACE-027); SL 25% (Ex. NM-027); AM closed (Ex. NM-027); GATH 10 (Ex. NM-028); GATH 5 (Ex. NM-023); WF (Ex. AGY-ST-LABOR-WORKPLACE-027); BA (Ex. NM-023).

Step three, the change compelled. Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of June 30, 2020 (extension; retail mask-entry rule) (Ex. NM-023) ordered: "(1)... all 'mass gatherings' are hereby prohibited... An indoor or outdoor parade of any sort is a mass gathering... (6) [A 'retail space'] may not allow a person who is without a mask or multilayer cloth face covering to enter the premises except where that person is in possession of a written…" Enforcement: Governor's July 1, 2020 release: 'In accordance with state law, violators will be subject to a $100 fine. In addition, retailers will now be required to ensure… Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of July 13, 2020 (indoor dining closed; parks residents only; masks while exercising) (Ex. NM-026) ordered: "(1)... An indoor or outdoor parade of any sort is a mass gathering; parades are therefore prohibited... (6) A 'retail space' may not allow a person who is without a mask or multilayer cloth face covering to enter the premises... (8) 'Close contact facilities' may operate at up to 25%... All…" Enforcement: Para. 21; Section 24-1-21 ($100); Section 12-10A-19 Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of July 30, 2020 (Ex. NM-027) ordered: "(2)... an 'essential business' identified as a 'retail space' may not allow a person who is without a mask... to enter... (3) 'Close contact businesses' may operate at up to 25%... (4) 'Close-contact recreational facilities' must remain closed. (5) 'Food and drink establishments' may not provide…" Enforcement: As NM-026 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. Public Health Emergency Order of June 30, 2020 (extension; retail mask-entry rule) (Ex. NM-023) was in force from June 30, 2020 to July 15, 2020, 15 of the quarter's 92 days; Public Health Emergency Order of July 13, 2020 (indoor dining closed; parks residents… (Ex. NM-026) was in force from July 13, 2020 to July 30, 2020, 18 of the quarter's 92 days; Public Health Emergency Order of July 30, 2020 (Ex. NM-027) was in force from July 30, 2020 to Aug. 28, 2020, 30 of the quarter's 92 days. Of the 24 instruments in the quarter's record, 11 were in force on its first day, 16 on its last day and 8 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 239 instruments in force for this selection: 23 instruments from the State of New Mexico (Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of November 13, 2020 (the two-week 'reset') (Nov. 13, 2020) (Ex. NM-039); Acting Secretary of Health Billy J. Jimenez, Amended Public Health Emergency Order of November 18, 2020 (reset tightened; big-box retail closed; animal grooming barred) (Nov. 18, 2020) (Ex. NM-040); Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of September 18, 2020 (Sept. 18, 2020) (Ex. NM-032); and 20 more), 9 instruments from the agencies, boards and authorities of New Mexico (New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, Director's letter to licensees: Notice of Cessation of Games of Chance in accordance with the Amended Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 (Mar. 19, 2020) (Ex. AGY-ST-GAMING-RACING-089); New Mexico Corrections Department, NMCD release, 'Extension of visitation changes' (Apr. 28, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-047); New Mexico Activities Association (Executive Director Sally Marquez), NMAA release, 'NMAA Forced to Postpone Fall Sports Due to Governor's Orders' (October 12, 2020) (Oct. 12, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-040); and 6 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 47 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 45 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: EMP (Ex. NM-039); HR (Ex. AGY-ST-LABOR-WORKPLACE-027); MASK (Ex. NM-039); OP (Ex. AGY-ST-LABOR-WORKPLACE-027); WF (Ex. AGY-ST-LABOR-WORKPLACE-027); CB (Ex. NM-025); LG (Ex. NM-040); CS (Ex. NM-031); DR (Ex. NM-040); EV (Ex. NM-031).

Step three, the change compelled. Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of November 13, 2020 (the two-week 'reset') (Nov. 13, 2020) (Ex. NM-039) ordered: "Beginning November 16, 2020, I DIRECT as follows: (1) Except as provided elsewhere in this Order, all 'mass gatherings' are prohibited. (2) 'Houses of worship'... may not exceed the lesser of 25% of its maximum occupancy... or 75 individuals... (3) All businesses and non-profit entities, except…" Enforcement: Governor's Nov. 13 release: businesses face civil administrative penalties; Sections 12-10A-19, 24-1-21; State agencies authorized to ensure compliance Acting Secretary of Health Billy J. Jimenez, Amended Public Health Emergency Order of November 18, 2020 (reset tightened; big-box retail closed; animal grooming barred) (Nov. 18, 2020) (Ex. NM-040) ordered: "Beginning November 19, 2020, I DIRECT as follows:... (3) All businesses and non-profit entities, except those entities defined as 'essential businesses,' must reduce the in-person workforce at each business or business location by 100%.... (4) 'Food and drink establishments' may not provide any…" Enforcement: As NM-039 Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of September 18, 2020 (Sept. 18, 2020) (Ex. NM-032) ordered: "(1)... all 'mass gatherings' [of more than 10] are hereby prohibited... (5) 'Food and drink establishments' may provide dine-in service, but they may not exceed more than 25% occupancy... (6) 'Houses of worship' may not exceed 40%... (8) 'Places of lodging' which have completed the NM Safe Certified…" Enforcement: Para. 13; Sections 24-1-21, 12-10A-19 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. Public Health Emergency Order of November 13, 2020 (the two-week 'reset') (Ex. NM-039) was in force from Nov. 16, 2020 to Nov. 30, 2020, 15 of the quarter's 92 days; Amended Public Health Emergency Order of November 18, 2020 (reset tightened; big-box… (Ex. NM-040) was in force from Nov. 19, 2020 to Dec. 2, 2020, 14 of the quarter's 92 days; Public Health Emergency Order of September 18, 2020 (Ex. NM-032) was in force from Sept. 18, 2020 to Oct. 16, 2020, 16 of the quarter's 92 days. Of the 32 instruments in the quarter's record, 13 were in force on its first day, 17 on its last day and 8 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 243 instruments in force for this selection: 18 instruments from the State of New Mexico (Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of December 15, 2020 (Red-to-Green framework; essential retail 50/33/25%) (Dec. 15, 2020) (Ex. NM-046); Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of December 30, 2020 (Red-to-Green framework continued) (Dec. 30, 2020) (Ex. NM-047); Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of January 29, 2021 (Red-to-Green framework continued) (Jan. 29, 2021) (Ex. NM-049); and 15 more), 7 instruments from the agencies, boards and authorities of New Mexico (New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, Director's letter to licensees: Notice of Cessation of Games of Chance in accordance with the Amended Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 (Mar. 19, 2020) (Ex. AGY-ST-GAMING-RACING-089); New Mexico Gaming Control Board (Chairman Jeremy Romero; agency staff), Reopening Letter to Licensees (February 25, 2021) (Feb. 25, 2021) (Ex. AGY-ST-GAMING-RACING-091); New Mexico Activities Association (Executive Director Sally Marquez), NMAA release, 'NMAA Forced to Postpone Fall Sports Due to Governor's Orders' (October 12, 2020) (Oct. 12, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-040); and 4 more), 175 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); and 172 more) and 43 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 41 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: as NM-041 (Ex. NM-046); predicate (Ex. NM-044); CB (Ex. NM-025); EMP (Ex. AGY-ST-LABOR-WORKPLACE-027); HR (Ex. AGY-ST-LABOR-WORKPLACE-027); OP (Ex. AGY-ST-LABOR-WORKPLACE-027); WF (Ex. AGY-ST-LABOR-WORKPLACE-027); CB families (Ex. AGY-ST-EDUCATION-HIGHER-ED-040); TV (Ex. NM-037); AC athletics (Ex. AGY-ST-EDUCATION-HIGHER-ED-067).

Step three, the change compelled. Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of December 15, 2020 (Red-to-Green framework; essential retail 50/33/25%) (Dec. 15, 2020) (Ex. NM-046) ordered: "Green Level... A new COVID-19 case incidence rate of no greater than 8 cases per 100,000 inhabitants during the most recent two-week period; AND (b) An average percent of positive COVID-19 test results... less than or equal to 5%... [essential retail 50% Green, 33% Yellow, 25% Red]... Red Level...…" Enforcement: Section 12-10A-19 citation and $5,000 per violation Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of December 30, 2020 (Red-to-Green framework continued) (Dec. 30, 2020) (Ex. NM-047) ordered: "Green Level... all 'mass gatherings' of more than twenty (20) individuals are prohibited... Yellow Level... more than ten (10)... 'Food and drink establishments' may not provide dine-in service unless they complete the NM Safe Certified training... Red Level... more than five (5) individuals are…" Enforcement: Section 12-10A-19 citation and $5,000 per violation Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of January 29, 2021 (Red-to-Green framework continued) (Jan. 29, 2021) (Ex. NM-049) ordered: "Green Level... all 'mass gatherings' of more than twenty (20) individuals are prohibited... Yellow Level... more than ten (10)... Red Level... more than five (5) individuals are prohibited... 'Food and drink establishments' may not provide indoor dine-in service but may provide service in outdoor…" Enforcement: Section 12-10A-19 citation and $5,000 per violation 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. Public Health Emergency Order of December 15, 2020 (Red-to-Green framework; essential… (Ex. NM-046) was in force from Dec. 16, 2020 to Jan. 13, 2021, 13 of the quarter's 90 days; Public Health Emergency Order of December 30, 2020 (Red-to-Green framework continued) (Ex. NM-047) was in force from Dec. 30, 2020 to Jan. 29, 2021, 29 of the quarter's 90 days; Public Health Emergency Order of January 29, 2021 (Red-to-Green framework continued) (Ex. NM-049) was in force from Jan. 29, 2021 to Feb. 26, 2021, 29 of the quarter's 90 days. Of the 25 instruments in the quarter's record, 15 were in force on its first day, 12 on its last day and 8 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the first quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the second quarter of 2021 the Library holds 232 instruments in force for this selection: 16 instruments from the State of New Mexico (Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of April 28, 2021 (Red-Yellow-Green-Turquoise framework with vaccination metric) (Apr. 28, 2021) (Ex. NM-054); Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of February 24, 2021 (Turquoise level added) and its March 2021 reissue (Feb. 24, 2021) (Ex. NM-076); Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of May 14, 2021 (fully vaccinated persons relieved of the mask requirement except where CDC recommends) (Ex. NM-056); and 13 more), 3 instruments from the agencies, boards and authorities of New Mexico (New Mexico Gaming Control Board (Chairman Jeremy Romero; agency staff), Reopening Letter to Licensees (February 25, 2021) (Feb. 25, 2021) (Ex. AGY-ST-GAMING-RACING-091); New Mexico Public Education Department, Reentry Guide, Version 3 (January 2021) (Jan. 29, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-067); New Mexico Environment Department; Environmental Improvement Board (permanent amendment); published by the Administrative Law Division, State Records Center and Archives, 11.5.1 NMAC, Occupational Health and Safety - General Provisions, § 11.5.1.16 Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities, with history note (Aug. 5, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-027)), 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 48 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 46 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CB (Ex. NM-025); DR (Ex. NM-054); LG (Ex. NM-054); MASK (Ex. NM-054); predicate (Ex. NM-052); CL (Ex. NM-045); CT (Ex. NM-045); EMP (Ex. NM-057); OF (Ex. NM-045); AC athletics (Ex. AGY-ST-EDUCATION-HIGHER-ED-067).

Step three, the change compelled. Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of April 28, 2021 (Red-Yellow-Green-Turquoise framework with vaccination metric) (Apr. 28, 2021) (Ex. NM-054) ordered: "[Metrics add] fully vaccinated greater than or equal to 35% beginning on the date of this Order, 40% beginning the week of May 3, 2021, and increased by 5% every other week thereafter... Turquoise Level... all 'mass gatherings' of more than one hundred fifty (150) individuals are prohibited...…" Enforcement: Section 12-10A-19 citation and $5,000 per violation Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of February 24, 2021 (Turquoise level added) and its March 2021 reissue (Feb. 24, 2021) (Ex. NM-076) ordered: "[Governor's Feb. 24, 2021 release:] Turquoise requires incidence no greater than 8 per 100,000 and positivity 5% or less over four weeks; Essential Retail 75/50/33/25%; Restaurants indoor 75/50/33/none, outdoor 75/75/75/25%; Bars and clubs indoor 33% Turquoise only; Close-contact businesses…" Enforcement: Section 12-10A-19 New Mexico Gaming Control Board (Chairman Jeremy Romero; agency staff), Reopening Letter to Licensees (February 25, 2021) (Feb. 25, 2021) (Ex. AGY-ST-GAMING-RACING-091) ordered: "Good news, the Public Health Order issued by the New Mexico Department of Health... dated February 24, 2021, as amended, is allowing various businesses to re-open pursuant to color-coded guidelines. The Order states under the 'Red Level - j. Any entity not identified above may operate but may not…" Enforcement: Public Health Order penalties (§ 12-10A-19); Board monitoring of compliance under § 60-2E-7; licensing and permit obligations 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. Public Health Emergency Order of April 28, 2021 (Red-Yellow-Green-Turquoise framework with… (Ex. NM-054) was in force from Apr. 30, 2021 to May 28, 2021, 29 of the quarter's 91 days; Public Health Emergency Order of February 24, 2021 (Turquoise level added) and its March… (Ex. NM-076) was in force from Feb. 24, 2021 to Apr. 28, 2021, 28 of the quarter's 91 days; Reopening Letter to Licensees (February 25, 2021) (Ex. AGY-ST-GAMING-RACING-091) was in force from Feb. 25, 2021 to July 1, 2021, 91 of the quarter's 91 days. Of the 19 instruments in the quarter's record, 9 were in force on its first day, 9 on its last day and 5 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 232 instruments in force for this selection: 20 instruments from the State of New Mexico (Supreme Court of New Mexico, Supreme Court Order No. 20-8500-025 with attached New Mexico Judiciary Public Health Emergency Protocols (Emergency Court Protocols Nos. 1-3) (July 6, 2020) (Ex. NM-025); Supreme Court of New Mexico, Supreme Court Order No. 21-8500-015 (amending PHE Protocols Nos. 1 and 2) (June 29, 2021) (Ex. NM-059); Governor Michelle Lujan Grisham, Executive Order 2020-004 (Mar. 11, 2020) (Ex. NM-001); and 17 more), 2 instruments from the agencies, boards and authorities of New Mexico (New Mexico Environment Department; Environmental Improvement Board (permanent amendment); published by the Administrative Law Division, State Records Center and Archives, 11.5.1 NMAC, Occupational Health and Safety - General Provisions, § 11.5.1.16 Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities, with history note (Aug. 5, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-027); Secretary of Public Education Ryan Stewart, 6.12.15 NMAC, COVID-19 School Requirements (emergency rule filed August 12, 2021) (Aug. 12, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-049)), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 43 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 41 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF (Ex. AGY-ST-LABOR-WORKPLACE-027); CB (Ex. NM-025); HR (Ex. AGY-ST-LABOR-WORKPLACE-027); OF (Ex. NM-059); CL (Ex. NM-059); CT (Ex. NM-059); CT courts (Ex. NM-017); IN private schools (Ex. NM-060); IN schools (Ex. NM-067); MASK (Ex. NM-060).

Step three, the change compelled. Supreme Court of New Mexico, Supreme Court Order No. 20-8500-025 with attached New Mexico Judiciary Public Health Emergency Protocols (Emergency Court Protocols Nos. 1-3) (July 6, 2020) (Ex. NM-025) ordered: "Emergency Court Protocol No. 1: Precautionary Measures for Operating Courthouses and Other Judicial Buildings: A. Continuity of Court Operations; B. Health Screening and Self-Isolation Procedures; C. Face Mask Requirements; D. On-Site Employees and Telework Procedures; E. Travel Restrictions for…" Enforcement: Order of the Supreme Court Supreme Court of New Mexico, Supreme Court Order No. 21-8500-015 (amending PHE Protocols Nos. 1 and 2) (June 29, 2021) (Ex. NM-059) ordered: "the amendment of Emergency Court Protocols Nos. 1 and 2 is APPROVED [health screening, face masks, on-site employees and telework, travel restrictions, social distancing and format of proceedings]" Enforcement: Order of the Supreme Court Governor Michelle Lujan Grisham, Executive Order 2020-004 (Mar. 11, 2020) (Ex. NM-001) ordered: "I hereby invoke and exercise all powers vested in my office under the All Hazard Emergency Management Act, NMSA 1978, 12-10-1 through 12-10-10.... all political subdivisions within New Mexico shall adhere to Section 12-10-10, which mandates compliance with and enforcement of this Order. 2. I further…" Enforcement: NMSA 1978, Section 12-10-10 (political subdivisions must comply with and enforce); predicate for PHO penalties under Section 12-10A-19 ($5,000 civil… 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. Supreme Court Order No. 21-8500-015 (amending PHE Protocols Nos. 1 and 2) (Ex. NM-059) was in force from June 29, 2021 to Aug. 16, 2021, 47 of the quarter's 92 days; Executive Order 2020-004 (Ex. NM-001) was in force from Mar. 11, 2020 to Oct. 15, 2021, 92 of the quarter's 92 days; Supreme Court Order No. 20-8500-007 (Ex. NM-009) was in force from Mar. 24, 2020 to Jan. 4, 2022, 92 of the quarter's 92 days. Of the 22 instruments in the quarter's record, 7 were in force on its first day, 10 on its last day and 4 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

7. Exhibit list

Every instrument cited in this report, by exhibit identifier: 411 records, of which The COVID Project holds the document for 397. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-047	NMCD release, 'Extension of visitation changes' (Apr. 28, 2020)	New Mexico Corrections Department	Apr. 28, 2020	New Mexico Corrections Department, NMCD release, 'Extension of visitation changes' (Apr. 28, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-047)	/library/AGY-ST-CORRECTIONS-EMA-GUARD-047	/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-047
Ex. AGY-ST-EDUCATION-HIGHER-ED-040	NMAA release, 'NMAA Forced to Postpone Fall Sports Due to Governor's Orders' (October 12, 2020)	New Mexico Activities Association (Executive Director Sally Marquez)	Oct. 12, 2020	New Mexico Activities Association (Executive Director Sally Marquez), NMAA release, 'NMAA Forced to Postpone Fall Sports Due to Governor's Orders' (October 12, 2020) (Oct. 12, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-040)	/library/AGY-ST-EDUCATION-HIGHER-ED-040	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-040
Ex. AGY-ST-EDUCATION-HIGHER-ED-049	6.12.15 NMAC, COVID-19 School Requirements (emergency rule filed August 12, 2021)	Secretary of Public Education Ryan Stewart	Aug. 12, 2021	Secretary of Public Education Ryan Stewart, 6.12.15 NMAC, COVID-19 School Requirements (emergency rule filed August 12, 2021) (Aug. 12, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-049)	/library/AGY-ST-EDUCATION-HIGHER-ED-049
Ex. AGY-ST-EDUCATION-HIGHER-ED-067	Reentry Guide, Version 3 (January 2021)	New Mexico Public Education Department	Jan. 29, 2021	New Mexico Public Education Department, Reentry Guide, Version 3 (January 2021) (Jan. 29, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-067)	/library/AGY-ST-EDUCATION-HIGHER-ED-067	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-067
Ex. AGY-ST-GAMING-RACING-089	Director's letter to licensees: Notice of Cessation of Games of Chance in accordance with the Amended Public Health Emergency Order to Limit Mass Gatherings Due…	New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo	Mar. 19, 2020	New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, Director's letter to licensees: Notice of Cessation of Games of Chance in accordance with the Amended Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 (Mar. 19, 2020) (Ex. AGY-ST-GAMING-RACING-089)	/library/AGY-ST-GAMING-RACING-089	/exhibit/AGY-ST-GAMING-RACING-089
Ex. AGY-ST-GAMING-RACING-090	Director's letter to bingo and gaming licensees re: Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19	New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo	Mar. 13, 2020	New Mexico Gaming Control Board, Acting Executive Director Cynthia M. Ortega-Armijo, Director's letter to bingo and gaming licensees re: Public Health Emergency Order to Limit Mass Gatherings Due to COVID-19 (Mar. 13, 2020) (Ex. AGY-ST-GAMING-RACING-090)	/library/AGY-ST-GAMING-RACING-090	/exhibit/AGY-ST-GAMING-RACING-090
Ex. AGY-ST-GAMING-RACING-091	Reopening Letter to Licensees (February 25, 2021)	New Mexico Gaming Control Board (Chairman Jeremy Romero; agency staff)	Feb. 25, 2021	New Mexico Gaming Control Board (Chairman Jeremy Romero; agency staff), Reopening Letter to Licensees (February 25, 2021) (Feb. 25, 2021) (Ex. AGY-ST-GAMING-RACING-091)	/library/AGY-ST-GAMING-RACING-091	/exhibit/AGY-ST-GAMING-RACING-091
Ex. AGY-ST-INSURANCE-BANKING-063	Memorandum to registrants of March 24, 2020	Benjamin Schrope, Interim Director, Securities Division	Mar. 24, 2020	Benjamin Schrope, Interim Director, Securities Division, Memorandum to registrants of March 24, 2020 (Mar. 24, 2020) (Ex. AGY-ST-INSURANCE-BANKING-063)	/library/AGY-ST-INSURANCE-BANKING-063	/exhibit/AGY-ST-INSURANCE-BANKING-063
Ex. AGY-ST-LABOR-WORKPLACE-027	11.5.1 NMAC, Occupational Health and Safety - General Provisions, § 11.5.1.16 Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities, with…	New Mexico Environment Department; Environmental Improvement Board (permanent amendment); published by the Administrative Law Division, State Records Center and Archives	Aug. 5, 2020	New Mexico Environment Department; Environmental Improvement Board (permanent amendment); published by the Administrative Law Division, State Records Center and Archives, 11.5.1 NMAC, Occupational Health and Safety - General Provisions, § 11.5.1.16 Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities, with history note (Aug. 5, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-027)	/library/AGY-ST-LABOR-WORKPLACE-027	/exhibit/AGY-ST-LABOR-WORKPLACE-027
Ex. AGY-ST-LABOR-WORKPLACE-066	Emergency Amendment to 11.5.1.16 NMAC, Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities (new Subsection C, Reporting COVID-19 cases)…	New Mexico Environment Department (James Kenney, Cabinet Secretary) for the Occupational Health and Safety Bureau	Aug. 5, 2020	New Mexico Environment Department (James Kenney, Cabinet Secretary) for the Occupational Health and Safety Bureau, Emergency Amendment to 11.5.1.16 NMAC, Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities (new Subsection C, Reporting COVID-19 cases), effective Aug. 5, 2020 (Ex. AGY-ST-LABOR-WORKPLACE-066)	/library/AGY-ST-LABOR-WORKPLACE-066	/exhibit/AGY-ST-LABOR-WORKPLACE-066
Ex. AGY-ST-LABOR-WORKPLACE-067	NMED news release, 'Environment Department files emergency amendment to require employers to disclose positive COVID-19 cases to state' (Aug. 5, 2020)	New Mexico Environment Department	Aug. 5, 2020	New Mexico Environment Department, NMED news release, 'Environment Department files emergency amendment to require employers to disclose positive COVID-19 cases to state' (Aug. 5, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-067)	/library/AGY-ST-LABOR-WORKPLACE-067	/exhibit/AGY-ST-LABOR-WORKPLACE-067
Ex. AGY-ST-LABOR-WORKPLACE-068	Reporting workplace COVID-19 cases to NMED: What you need to know (FAQs, Aug. 7, 2020)	New Mexico Environment Department	Aug. 7, 2020	New Mexico Environment Department, Reporting workplace COVID-19 cases to NMED: What you need to know (FAQs, Aug. 7, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-068)	/library/AGY-ST-LABOR-WORKPLACE-068	/exhibit/AGY-ST-LABOR-WORKPLACE-068
Ex. AGY-ST-LABOR-WORKPLACE-069	Second Emergency Amendment to 11.5.1.16 NMAC (four-hour COVID-19 case reporting), effective Dec. 3, 2020	New Mexico Environment Department for the Occupational Health and Safety Bureau	Dec. 3, 2020	New Mexico Environment Department for the Occupational Health and Safety Bureau, Second Emergency Amendment to 11.5.1.16 NMAC (four-hour COVID-19 case reporting), effective Dec. 3, 2020 (Ex. AGY-ST-LABOR-WORKPLACE-069)	/library/AGY-ST-LABOR-WORKPLACE-069	/exhibit/AGY-ST-LABOR-WORKPLACE-069
Ex. AGY-ST-LABOR-WORKPLACE-070	NMED news release on the second emergency amendment to 11.5.1.16 NMAC (Dec. 4, 2020)	New Mexico Environment Department	Dec. 4, 2020	New Mexico Environment Department, NMED news release on the second emergency amendment to 11.5.1.16 NMAC (Dec. 4, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-070)	/library/AGY-ST-LABOR-WORKPLACE-070	/exhibit/AGY-ST-LABOR-WORKPLACE-070
Ex. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	standing	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)	/library/DUT-FED-001	/exhibit/DUT-FED-001
Ex. DUT-FED-002	29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)	Congress (OSH Act § 11(c))	standing	Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)	/library/DUT-FED-002	/exhibit/DUT-FED-002
Ex. DUT-FED-003	29 C.F.R. 1910.132 (personal protective equipment, general requirements)	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)	standing	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)	/library/DUT-FED-003	/exhibit/DUT-FED-003
Ex. DUT-FED-004	29 C.F.R. 1910.134 (respiratory protection)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)	/library/DUT-FED-004	/exhibit/DUT-FED-004
Ex. DUT-FED-005	29 C.F.R. 1910.141 (sanitation)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)	/library/DUT-FED-005	/exhibit/DUT-FED-005
Ex. DUT-FED-006	29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)	/library/DUT-FED-006	/exhibit/DUT-FED-006
Ex. DUT-FED-007	29 C.F.R. 1910.1030 (bloodborne pathogens)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)	/library/DUT-FED-007	/exhibit/DUT-FED-007
Ex. DUT-FED-008	29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))	standing	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)	/library/DUT-FED-008	/exhibit/DUT-FED-008
Ex. DUT-FED-009	OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')	standing	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)	/library/DUT-FED-009	/exhibit/DUT-FED-009
Ex. DUT-FED-010	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))	standing	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)	/library/DUT-FED-010	/exhibit/DUT-FED-010
Ex. DUT-FED-011	Protecting Workers guidance, as updated August 13, 2021	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)	/library/DUT-FED-011	/exhibit/DUT-FED-011
Ex. DUT-FED-013	Guidance on Returning to Work (OSHA 4045, June 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)	/library/DUT-FED-013	/exhibit/DUT-FED-013
Ex. DUT-FED-015	Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)	standing	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)	/library/DUT-FED-015	/exhibit/DUT-FED-015
Ex. DUT-FED-016	Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)	OSHA, Denver Area Office (Inspection No. 1475131)	standing	OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)	/library/DUT-FED-016	/exhibit/DUT-FED-016
Ex. DUT-FED-017	Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)	standing	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)	/library/DUT-FED-017	/exhibit/DUT-FED-017
Ex. DUT-FED-018	Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)	OSHA, Hartford Area Office (Inspection No. 1505094)	standing	OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)	/library/DUT-FED-018	/exhibit/DUT-FED-018
Ex. DUT-FED-019	Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)	OSHA, Hartford Area Office (Inspection No. 1472908)	standing	OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)	/library/DUT-FED-019	/exhibit/DUT-FED-019
Ex. DUT-FED-020	Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)	/library/DUT-FED-020	/exhibit/DUT-FED-020
Ex. DUT-FED-021	Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)	OSHA, Avenel Area Office (Inspection No. 1480762)	standing	OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)	/library/DUT-FED-021	/exhibit/DUT-FED-021
Ex. DUT-FED-022	Citation, United States Postal Service, Washington, DC (general duty clause)	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)	standing	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)	/library/DUT-FED-022	/exhibit/DUT-FED-022
Ex. DUT-FED-023	42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)	standing	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)	/library/DUT-FED-023	/exhibit/DUT-FED-023
Ex. DUT-FED-024	42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)	Centers for Medicare & Medicaid Services (hospital condition of participation)	standing	Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)	/library/DUT-FED-024	/exhibit/DUT-FED-024
Ex. DUT-FED-025	42 U.S.C. 247d-6d (PREP Act targeted liability protections)	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)	standing	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)	/library/DUT-FED-025	/exhibit/DUT-FED-025
Ex. DUT-FED-026	Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)	standing	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)	/library/DUT-FED-026	/exhibit/DUT-FED-026
Ex. DUT-FED-027	Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190	Secretary of Health and Human Services (Alex M. Azar II)	standing	Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)	/library/DUT-FED-027	/exhibit/DUT-FED-027
Ex. DUT-FED-029	Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews	Federal Aviation Administration, Flight Standards Service (with the CDC)	standing	Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)	/library/DUT-FED-029	/exhibit/DUT-FED-029
Ex. DUT-FED-030	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)	/library/DUT-FED-030	/exhibit/DUT-FED-030
Ex. DUT-FED-031	42 U.S.C. 12113 (ADA defenses; direct threat)	Congress (Americans with Disabilities Act § 103)	standing	Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)	/library/DUT-FED-031	/exhibit/DUT-FED-031
Ex. DUT-FED-032	29 C.F.R. 1630.2(r) (definition of direct threat)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)	/library/DUT-FED-032	/exhibit/DUT-FED-032
Ex. DUT-FED-033	29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)	/library/DUT-FED-033	/exhibit/DUT-FED-033
Ex. DUT-FED-034	Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)	/library/DUT-FED-034	/exhibit/DUT-FED-034
Ex. DUT-FED-035	Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)	/library/DUT-FED-035	/exhibit/DUT-FED-035
Ex. DUT-FED-037	Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)	standing	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)	/library/DUT-FED-037	/exhibit/DUT-FED-037
Ex. DUT-FED-060	Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)	/library/DUT-FED-060	/exhibit/DUT-FED-060
Ex. DUT-FED-061	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)	/library/DUT-FED-061	/exhibit/DUT-FED-061
Ex. DUT-FED-062	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)	/library/DUT-FED-062	/exhibit/DUT-FED-062
Ex. DUT-FED-063	Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)	/library/DUT-FED-063	/exhibit/DUT-FED-063
Ex. DUT-FED-064	Considerations for Restaurants and Bars (updated May 27, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)	/library/DUT-FED-064	/exhibit/DUT-FED-064
Ex. DUT-FED-065	Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)	Federal Motor Carrier Safety Administration	standing	Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)	/library/DUT-FED-065	/exhibit/DUT-FED-065
Ex. DUT-FED-066	News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release	standing	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)	/library/DUT-FED-066	/exhibit/DUT-FED-066
Ex. DUT-FED-067	News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)	Occupational Safety and Health Administration, national news release	standing	Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)	/library/DUT-FED-067	/exhibit/DUT-FED-067
Ex. DUT-FED-069	News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)	standing	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)	/library/DUT-FED-069	/exhibit/DUT-FED-069
Ex. DUT-FED-070	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)	/library/DUT-FED-070	/exhibit/DUT-FED-070
Ex. DUT-FED-071	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)	/library/DUT-FED-071	/exhibit/DUT-FED-071
Ex. DUT-FED-072	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)	/library/DUT-FED-072	/exhibit/DUT-FED-072
Ex. DUT-FED-073	Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney	standing	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)	/library/DUT-FED-073	/exhibit/DUT-FED-073
Ex. DUT-NM-001	NMSA 1978, Section 24-1-3 (Powers and authority of department)	Legislature of New Mexico (Public Health Act, administered by the Department of Health)	standing	Legislature of New Mexico (Public Health Act, administered by the Department of Health), NMSA 1978, Section 24-1-3 (Powers and authority of department) (standing) (Ex. DUT-NM-001)	/library/DUT-NM-001	/exhibit/DUT-NM-001
Ex. DUT-NM-002	NMSA 1978, Section 24-1-15 (Isolation; quarantine; protocol)	Legislature of New Mexico (Public Health Act, administered by the Department of Health)	standing	Legislature of New Mexico (Public Health Act, administered by the Department of Health), NMSA 1978, Section 24-1-15 (Isolation; quarantine; protocol) (standing) (Ex. DUT-NM-002)	/library/DUT-NM-002	/exhibit/DUT-NM-002
Ex. DUT-NM-003	NMSA 1978, Section 24-1-21 (Penalties)	Legislature of New Mexico (Public Health Act)	standing	Legislature of New Mexico (Public Health Act), NMSA 1978, Section 24-1-21 (Penalties) (standing) (Ex. DUT-NM-003)	/library/DUT-NM-003	/exhibit/DUT-NM-003
Ex. DUT-NM-004	NMSA 1978, Sections 12-10A-5 (Declaring a state of public health emergency) and 12-10A-6 (Special powers during a public health emergency)	Legislature of New Mexico (Public Health Emergency Response Act)	standing	Legislature of New Mexico (Public Health Emergency Response Act), NMSA 1978, Sections 12-10A-5 (Declaring a state of public health emergency) and 12-10A-6 (Special powers during a public health emergency) (standing) (Ex. DUT-NM-004)	/library/DUT-NM-004	/exhibit/DUT-NM-004
Ex. DUT-NM-005	NMSA 1978, Section 12-10A-19 (Enforcement; civil penalties)	Legislature of New Mexico (Public Health Emergency Response Act)	standing	Legislature of New Mexico (Public Health Emergency Response Act), NMSA 1978, Section 12-10A-19 (Enforcement; civil penalties) (standing) (Ex. DUT-NM-005)	/library/DUT-NM-005	/exhibit/DUT-NM-005
Ex. DUT-NM-006	NMSA 1978, Sections 12-10-4 (powers of the governor) and 12-10-10 (Enforcement of executive orders and rules)	Legislature of New Mexico (All Hazard Emergency Management Act)	standing	Legislature of New Mexico (All Hazard Emergency Management Act), NMSA 1978, Sections 12-10-4 (powers of the governor) and 12-10-10 (Enforcement of executive orders and rules) (standing) (Ex. DUT-NM-006)	/library/DUT-NM-006	/exhibit/DUT-NM-006
Ex. DUT-NM-007	NMSA 1978, Section 50-9-5 (Employer and employee duties), with Section 50-9-24 (Penalties)	Legislature of New Mexico (Occupational Health and Safety Act, administered by the Environment Department, Occupational Health and Safety Bureau, under the Environmental Improvement Board)	standing	Legislature of New Mexico (Occupational Health and Safety Act, administered by the Environment Department, Occupational Health and Safety Bureau, under the Environmental Improvement Board), NMSA 1978, Section 50-9-5 (Employer and employee duties), with Section 50-9-24 (Penalties) (standing) (Ex. DUT-NM-007)	/library/DUT-NM-007	/exhibit/DUT-NM-007
Ex. DUT-NM-008	NMSA 1978, Sections 25-1-7 (Permits), 25-1-9 (Immediate suspension of permit by agency), 25-1-12 (Enforcement) and 25-1-13 (Disease control)	Legislature of New Mexico (Food Service Sanitation Act, administered by the Environment Department, Environmental Health Bureau)	standing	Legislature of New Mexico (Food Service Sanitation Act, administered by the Environment Department, Environmental Health Bureau), NMSA 1978, Sections 25-1-7 (Permits), 25-1-9 (Immediate suspension of permit by agency), 25-1-12 (Enforcement) and 25-1-13 (Disease control) (standing) (Ex. DUT-NM-008)	/library/DUT-NM-008	/exhibit/DUT-NM-008
Ex. DUT-NM-009	7.4.3 NMAC, Control of Disease and Conditions of Public Health Significance, § 7.4.3.9	New Mexico Department of Health (rule codified by the State Records Center and Archives)	standing	New Mexico Department of Health (rule codified by the State Records Center and Archives), 7.4.3 NMAC, Control of Disease and Conditions of Public Health Significance, § 7.4.3.9 (standing) (Ex. DUT-NM-009)	/library/DUT-NM-009	/exhibit/DUT-NM-009
Ex. DUT-NM-010	All Together New Mexico: COVID-Safe Practices for Individuals and Employers (version of May 27, 2020)	Office of the Governor and New Mexico Department of Health ('All Together New Mexico'), incorporated by reference in the Secretary of Health's public health orders	standing	Office of the Governor and New Mexico Department of Health ('All Together New Mexico'), incorporated by reference in the Secretary of Health's public health orders, All Together New Mexico: COVID-Safe Practices for Individuals and Employers (version of May 27, 2020) (Ex. DUT-NM-010)	/library/DUT-NM-010	/exhibit/DUT-NM-010
Ex. DUT-NM-011	New Mexico Occupational Safety and Health Bureau COVID-19 Frequently Asked Questions (FAQ) (as captured April 15, 2020)	New Mexico Environment Department, Occupational Health and Safety Bureau (State OSHA plan)	standing	New Mexico Environment Department, Occupational Health and Safety Bureau (State OSHA plan), New Mexico Occupational Safety and Health Bureau COVID-19 Frequently Asked Questions (FAQ) (as captured April 15, 2020) (Apr. 15, 2020) (Ex. DUT-NM-011)	/library/DUT-NM-011	/exhibit/DUT-NM-011
Ex. DUT-NM-012	Grisham v. Reeb, 2021-NMSC-006, 480 P.3d 852, No. S-1-SC-38336 (N.M. Nov. 5, 2020)	Supreme Court of New Mexico (Vigil, J., for a unanimous Court)	standing	Supreme Court of New Mexico (Vigil, J., for a unanimous Court), Grisham v. Reeb, 2021-NMSC-006, 480 P.3d 852, No. S-1-SC-38336 (N.M. Nov. 5, 2020) (standing) (Ex. DUT-NM-012)	/library/DUT-NM-012	/exhibit/DUT-NM-012
Ex. DUT-NM-013	Lujan Grisham v. Romero, 2021-NMSC-009, 483 P.3d 545, No. S-1-SC-38396 (N.M. Feb. 15, 2021)	Supreme Court of New Mexico	standing	Supreme Court of New Mexico, Lujan Grisham v. Romero, 2021-NMSC-009, 483 P.3d 545, No. S-1-SC-38396 (N.M. Feb. 15, 2021) (standing) (Ex. DUT-NM-013)	/library/DUT-NM-013	/exhibit/DUT-NM-013
Ex. DUT-NM-014	Legacy Church, Inc. v. Kunkel, No. CIV 20-0327 JB/SCY, Memorandum Opinion and Order, Doc. 80 (D.N.M. July 13, 2020)	United States District Court for the District of New Mexico (Browning, J.)	standing	United States District Court for the District of New Mexico (Browning, J.), Legacy Church, Inc. v. Kunkel, No. CIV 20-0327 JB/SCY, Memorandum Opinion and Order, Doc. 80 (D.N.M. July 13, 2020) (standing) (Ex. DUT-NM-014)	/library/DUT-NM-014	/exhibit/DUT-NM-014
Ex. DUT-NM-015	NMED News Release, 'Environment Department suspends food service permits for two restaurants operating in violation of state law' (May 22, 2020)	New Mexico Environment Department (Cabinet Secretary James C. Kenney)	standing	New Mexico Environment Department (Cabinet Secretary James C. Kenney), NMED News Release, 'Environment Department suspends food service permits for two restaurants operating in violation of state law' (May 22, 2020) (Ex. DUT-NM-015)	/library/DUT-NM-015	/exhibit/DUT-NM-015
Ex. DUT-NM-016	House Bill 16 (2020 First Special Session), 'Coronavirus Tort Claim Immunity'	New Mexico House of Representatives, 54th Legislature, First Special Session, 2020 (bill as introduced)	standing	New Mexico House of Representatives, 54th Legislature, First Special Session, 2020 (bill as introduced), House Bill 16 (2020 First Special Session), 'Coronavirus Tort Claim Immunity' (June 19, 2020) (Ex. DUT-NM-016)	/library/DUT-NM-016	/exhibit/DUT-NM-016
Ex. DUT-NM-017	NMED News Release, 'Daily Rapid Response COVID-19 Watchlist published to further protect New Mexicans from COVID-19 exposure' (Oct. 20, 2020), with the…	New Mexico Environment Department (Cabinet Secretary James C. Kenney)	standing	New Mexico Environment Department (Cabinet Secretary James C. Kenney), NMED News Release, 'Daily Rapid Response COVID-19 Watchlist published to further protect New Mexicans from COVID-19 exposure' (Oct. 20, 2020), with the watchlist of Oct. 19, 2020 (Ex. DUT-NM-017)	/library/DUT-NM-017	/exhibit/DUT-NM-017
Ex. DUT-NM-018	Notice of Immediate Food Service Permit Suspension, Jalisco Cafe, Permit No. 000228 (May 22, 2020)	New Mexico Environment Department, Environmental Health Bureau	standing	New Mexico Environment Department, Environmental Health Bureau, Notice of Immediate Food Service Permit Suspension, Jalisco Cafe, Permit No. 000228 (May 22, 2020) (Ex. DUT-NM-018)	/library/DUT-NM-018	/exhibit/DUT-NM-018
Ex. DUT-NM-019	NMED, 'COVID-19 Rapid Response Update' (July 27, 2020)	New Mexico Environment Department (rapid-response program with the Department of Health)	standing	New Mexico Environment Department (rapid-response program with the Department of Health), NMED, 'COVID-19 Rapid Response Update' (July 27, 2020) (Ex. DUT-NM-019)	/library/DUT-NM-019	/exhibit/DUT-NM-019
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-002	Notice of February 24, 2021	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)	/library/FED-002	/exhibit/FED-002
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-011	Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)	Alex M. Azar II, Secretary of HHS	Apr. 21, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)	/library/FED-011	/exhibit/FED-011
Ex. FED-012	Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)	Alex M. Azar II, Secretary of HHS	July 23, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)	/library/FED-012	/exhibit/FED-012
Ex. FED-013	Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)	Alex M. Azar II, Secretary of HHS	Oct. 2, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)	/library/FED-013	/exhibit/FED-013
Ex. FED-014	Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)	Alex M. Azar II, Secretary of HHS	Jan. 7, 2021	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)	/library/FED-014	/exhibit/FED-014
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-022	CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)	Sept. 1, 2020	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)	/library/FED-022	/exhibit/FED-022
Ex. FED-023	CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)	Centers for Disease Control and Prevention, HHS	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)	/library/FED-023	/exhibit/FED-023
Ex. FED-024	CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)	Centers for Disease Control and Prevention, HHS	Mar. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)	/library/FED-024	/exhibit/FED-024
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-027	CDC No Sail Order and Suspension of Further Embarkation	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 14, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	/library/FED-027	/exhibit/FED-027
Ex. FED-028	No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)	Centers for Disease Control and Prevention, HHS	Apr. 9, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	/library/FED-028	/exhibit/FED-028
Ex. FED-029	No Sail Order; Second Modification and Extension (July 16, 2020)	Centers for Disease Control and Prevention, HHS	July 16, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)	/library/FED-029	/exhibit/FED-029
Ex. FED-030	No Sail Order; Third Modification and Extension (Sept. 30, 2020)	Centers for Disease Control and Prevention, HHS	Sept. 30, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	/library/FED-030	/exhibit/FED-030
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-036	Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)	Centers for Disease Control and Prevention, HHS	May 19, 2020	Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)	/library/FED-036	/exhibit/FED-036
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-039	Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…	Centers for Disease Control and Prevention, HHS	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)	/library/FED-039	/exhibit/FED-039
Ex. FED-040	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom	Centers for Disease Control and Prevention, HHS	Dec. 25, 2020	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)	/library/FED-040	/exhibit/FED-040
Ex. FED-041	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…	Centers for Disease Control and Prevention, HHS	Jan. 12, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)	/library/FED-041	/exhibit/FED-041
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-048	Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…	Centers for Disease Control and Prevention, HHS	Sept. 11, 2020	Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)	/library/FED-048	/exhibit/FED-048
Ex. FED-050	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)	Jan. 31, 2021	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	/library/FED-050	/exhibit/FED-050
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-055	Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	/library/FED-055	/exhibit/FED-055
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-061	Executive Order 13998	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)	/library/FED-061	/exhibit/FED-061
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-066	Executive Order 13945	President Donald J. Trump	Aug. 8, 2020	President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)	/library/FED-066	/exhibit/FED-066
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-071	Executive Order 13910	President Donald J. Trump	Mar. 23, 2020	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	/library/FED-071	/exhibit/FED-071
Ex. FED-073	Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)	President Donald J. Trump	Apr. 28, 2020	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	/library/FED-073	/exhibit/FED-073
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-075	Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use	Federal Emergency Management Agency, DHS	Apr. 7, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)	/library/FED-075	/exhibit/FED-075
Ex. FED-076	Notification of Exemptions to the PPE allocation rule	Federal Emergency Management Agency, DHS	Apr. 17, 2020	Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)	/library/FED-076	/exhibit/FED-076
Ex. FED-077	Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)	Federal Emergency Management Agency, DHS	Aug. 10, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)	/library/FED-077	/exhibit/FED-077
Ex. FED-078	Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)	Federal Emergency Management Agency, DHS	Dec. 31, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)	/library/FED-078	/exhibit/FED-078
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-088	Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)	OSHA, U.S. Department of Labor	Mar. 9, 2020	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	/library/FED-088	/exhibit/FED-088
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-091	CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)	Centers for Medicare & Medicaid Services, HHS	May 1, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	/library/FED-091	/exhibit/FED-091
Ex. FED-092	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	Centers for Medicare & Medicaid Services, HHS	Sept. 2, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	/library/FED-092	/exhibit/FED-092
Ex. FED-093	CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)	Nov. 2, 2020	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	/library/FED-093	/exhibit/FED-093
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-097	QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 13, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	/library/FED-097	/exhibit/FED-097
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-104	FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	/library/FED-104	/exhibit/FED-104
Ex. FED-109	FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)	/library/FED-109	/exhibit/FED-109
Ex. FED-113	FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 26, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)	/library/FED-113	/exhibit/FED-113
Ex. FED-115	FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 23, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)	/library/FED-115	/exhibit/FED-115
Ex. FED-118	FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 24, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)	/library/FED-118	/exhibit/FED-118
Ex. FED-130	FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)	/library/FED-130	/exhibit/FED-130
Ex. FED-132	FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 20, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	/library/FED-132	/exhibit/FED-132
Ex. FED-133	FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)	/library/FED-133	/exhibit/FED-133
Ex. FED-143	FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)	/library/FED-143	/exhibit/FED-143
Ex. FED-147	FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	/library/FED-147	/exhibit/FED-147
Ex. FED-150	FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Apr. 11, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)	/library/FED-150	/exhibit/FED-150
Ex. FED-154	QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)	CMS, Quality, Safety & Oversight Group	Sept. 17, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	/library/FED-154	/exhibit/FED-154
Ex. FED-155	QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19	CMS, Quality, Safety & Oversight Group	Mar. 10, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	/library/FED-155	/exhibit/FED-155
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-157	QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)	CMS, Quality, Safety & Oversight Group	May 18, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	/library/FED-157	/exhibit/FED-157
Ex. FED-158	CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…	Centers for Medicare & Medicaid Services, HHS	Apr. 7, 2020	Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)	/library/FED-158	/exhibit/FED-158
Ex. FED-159	CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)	Centers for Medicare & Medicaid Services, HHS	Apr. 19, 2020	Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)	/library/FED-159	/exhibit/FED-159
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-164	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)	/library/FED-164	/exhibit/FED-164
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-170	Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…	Congress (Pub. L. 116-127); approved by the President	Mar. 18, 2020	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	/library/FED-170	/exhibit/FED-170
Ex. FED-171	Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826	Wage and Hour Division, U.S. Department of Labor	Apr. 1, 2020	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	/library/FED-171	/exhibit/FED-171
Ex. FED-172	Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)	Wage and Hour Division, U.S. Department of Labor	Sept. 11, 2020	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	/library/FED-172	/exhibit/FED-172
Ex. FED-173	Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…	Congress (Pub. L. 116-260)	Dec. 27, 2020	Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)	/library/FED-173	/exhibit/FED-173
Ex. FED-174	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…	Congress (Pub. L. 117-2); approved by the President	Mar. 11, 2021	Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)	/library/FED-174	/exhibit/FED-174
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	/library/FED-182	/exhibit/FED-182
Ex. FED-183	Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices	Secretary of Health and Human Services	Mar. 24, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)	/library/FED-183	/exhibit/FED-183
Ex. FED-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	/library/FED-184	/exhibit/FED-184
Ex. FED-185	Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)	Dec. 11, 2020	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	/library/FED-185	/exhibit/FED-185
Ex. FED-186	Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)	Food and Drug Administration, HHS	Dec. 18, 2020	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	/library/FED-186	/exhibit/FED-186
Ex. FED-187	Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)	Food and Drug Administration, HHS	Feb. 27, 2021	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	/library/FED-187	/exhibit/FED-187
Ex. FED-190	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)	/library/FED-190	/exhibit/FED-190
Ex. FED-191	30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)	The President and the White House Coronavirus Task Force	Mar. 31, 2020	The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)	/library/FED-191	/exhibit/FED-191
Ex. FED-192	Guidelines for Opening Up America Again (Apr. 16, 2020)	The President and the White House Coronavirus Task Force	Apr. 16, 2020	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	/library/FED-192	/exhibit/FED-192
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-202	Proclamation 9993	President Donald J. Trump	Mar. 11, 2020	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	/library/FED-202	/exhibit/FED-202
Ex. FED-203	Proclamation 9996	President Donald J. Trump	Mar. 14, 2020	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	/library/FED-203	/exhibit/FED-203
Ex. FED-204	Proclamation 10041	President Donald J. Trump	May 24, 2020	President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)	/library/FED-204	/exhibit/FED-204
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-210	Proclamation 10014	President Donald J. Trump	Apr. 22, 2020	President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)	/library/FED-210	/exhibit/FED-210
Ex. FED-211	Proclamation 10052	President Donald J. Trump	June 22, 2020	President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)	/library/FED-211	/exhibit/FED-211
Ex. FED-212	Proclamation 10054	President Donald J. Trump	June 29, 2020	President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)	/library/FED-212	/exhibit/FED-212
Ex. FED-213	Proclamation 10131	President Donald J. Trump	Dec. 31, 2020	President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)	/library/FED-213	/exhibit/FED-213
Ex. FED-214	Proclamation 10149	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)	/library/FED-214	/exhibit/FED-214
Ex. FED-216	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection	Mar. 24, 2020	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)	/library/FED-216	/exhibit/FED-216
Ex. FED-217	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)	/library/FED-217	/exhibit/FED-217
Ex. FED-219	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)	/library/FED-219	/exhibit/FED-219
Ex. FED-222	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)	/library/FED-222	/exhibit/FED-222
Ex. FED-225	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)	/library/FED-225	/exhibit/FED-225
Ex. FED-226	Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)	/library/FED-226	/exhibit/FED-226
Ex. FED-229	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)	/library/FED-229	/exhibit/FED-229
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-239	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…	DHS (Acting Secretary Chad F. Wolf), with CBP	Mar. 24, 2020	DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)	/library/FED-239	/exhibit/FED-239
Ex. FED-240	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)	/library/FED-240	/exhibit/FED-240
Ex. FED-242	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)	/library/FED-242	/exhibit/FED-242
Ex. FED-245	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)	/library/FED-245	/exhibit/FED-245
Ex. FED-248	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)	/library/FED-248	/exhibit/FED-248
Ex. FED-249	Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)	/library/FED-249	/exhibit/FED-249
Ex. FED-252	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)	/library/FED-252	/exhibit/FED-252
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-264	OMB Memorandum M-20-16	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 17, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)	/library/FED-264	/exhibit/FED-264
Ex. FED-265	OMB Memorandum M-20-17	Office of Management and Budget	Mar. 19, 2020	Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)	/library/FED-265	/exhibit/FED-265
Ex. FED-266	OMB Memorandum M-20-18	Office of Management and Budget (Deputy Director for Management)	Mar. 20, 2020	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	/library/FED-266	/exhibit/FED-266
Ex. FED-267	OMB Memorandum M-20-19	Office of Management and Budget	Mar. 22, 2020	Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)	/library/FED-267	/exhibit/FED-267
Ex. FED-268	OMB/OPM Memorandum M-20-23	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)	Apr. 20, 2020	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	/library/FED-268	/exhibit/FED-268
Ex. FED-270	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	/library/FED-271	/exhibit/FED-271
Ex. FED-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)	/library/FED-272	/exhibit/FED-272
Ex. FED-274	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)	/library/FED-274	/exhibit/FED-274
Ex. FED-275	Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)	/library/FED-278	/exhibit/FED-278
Ex. FED-279	Order of March 16, 2020 (COVID-19 building access)	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)	Mar. 16, 2020	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)	/library/FED-279	/exhibit/FED-279
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	/library/FED-280	/exhibit/FED-280
Ex. FED-281	Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019	Deputy Secretary of Defense David L. Norquist	Mar. 13, 2020	Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)	/library/FED-281	/exhibit/FED-281
Ex. FED-282	Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions	Secretary of Defense Mark T. Esper	Apr. 20, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)	/library/FED-282	/exhibit/FED-282
Ex. FED-283	Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…	Secretary of Defense Mark T. Esper	May 22, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)	/library/FED-283	/exhibit/FED-283
Ex. FED-284	Order of the Chief Judge No. 20-042	Chief Judge Virginia A. Phillips	Mar. 19, 2020	Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)	/library/FED-284	/exhibit/FED-284
Ex. FED-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	/library/FED-285	/exhibit/FED-285
Ex. FED-286	General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)	Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)	/library/FED-286	/exhibit/FED-286
Ex. FED-288	General Order 2020-8	Chief Judge Philip A. Brimmer	May 6, 2020	Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)	/library/FED-288	/exhibit/FED-288
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	/library/FED-290
Ex. FED-291	Press release of March 16, 2020 (postponement of the March 2020 argument session)	Supreme Court of the United States (Public Information Office)	Mar. 16, 2020	Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)	/library/FED-291	/exhibit/FED-291
Ex. FED-292	Order of March 19, 2020, 589 U.S. (Order List)	Supreme Court of the United States	Mar. 19, 2020	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	/library/FED-292	/exhibit/FED-292
Ex. FED-293	Press release of April 3, 2020 (postponement of the April 2020 argument session)	Supreme Court of the United States (Public Information Office)	Apr. 3, 2020	Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)	/library/FED-293	/exhibit/FED-293
Ex. FED-294	Press release of April 13, 2020 (telephone arguments in May 2020)	Supreme Court of the United States (Public Information Office)	Apr. 13, 2020	Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)	/library/FED-294	/exhibit/FED-294
Ex. FED-295	Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020	Mar. 29, 2020	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)	/library/FED-295	/exhibit/FED-295
Ex. FED-296	Tenth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Feb. 12, 2021	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	/library/FED-296	/exhibit/FED-296
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	/library/FED-297	/exhibit/FED-297
Ex. FED-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)	/library/FED-298	/exhibit/FED-298
Ex. FED-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)	/library/FED-299	/exhibit/FED-299
Ex. FED-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)	/library/FED-300	/exhibit/FED-300
Ex. FED-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-303	Standing Order 20-17	Chief Judge Freda L. Wolfson	Nov. 25, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	/library/FED-303	/exhibit/FED-303
Ex. FED-304	Third Extension of Standing Order 20-12	Chief Judge Freda L. Wolfson	Dec. 17, 2020	Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)	/library/FED-304	/exhibit/FED-304
Ex. FED-305	Standing Order 21-02	Chief Judge Freda L. Wolfson	Mar. 17, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	/library/FED-305	/exhibit/FED-305
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-310	Second Amended Standing Order 2020-02	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)	/library/FED-310	/exhibit/FED-310
Ex. FED-311	Standing Order 2020-04	Chief Judge James K. Bredar	Mar. 16, 2020	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	/library/FED-311	/exhibit/FED-311
Ex. FED-312	Standing Order 2020-05	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)	/library/FED-312	/exhibit/FED-312
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-316	Fourth Amendment to General Order 20-01	Chief Judge Thomas W. Thrash, Jr.	July 31, 2020	Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)	/library/FED-316	/exhibit/FED-316
Ex. FED-317	General Order 72	Chief Judge Phyllis J. Hamilton	Mar. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)	/library/FED-317	/exhibit/FED-317
Ex. FED-318	General Order 72-2	Chief Judge Phyllis J. Hamilton	Apr. 30, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)	/library/FED-318	/exhibit/FED-318
Ex. FED-319	Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…	U.S. Department of State, Bureau of Consular Affairs	Mar. 26, 2020	U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)	/library/FED-319
Ex. FED-320	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services	Apr. 20, 2020	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)	/library/FED-320	/exhibit/FED-320
Ex. FED-321	Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)	U.S. Department of Homeland Security, USCIS	May 14, 2020	U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)	/library/FED-321	/exhibit/FED-321
Ex. FED-322	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…	DHS, USCIS	Aug. 20, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)	/library/FED-322	/exhibit/FED-322
Ex. FED-323	Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…	DHS, USCIS	Dec. 18, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)	/library/FED-323	/exhibit/FED-323
Ex. FED-324	USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020	U.S. Citizenship and Immigration Services	Mar. 17, 2020	U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)	/library/FED-324	/exhibit/FED-324
Ex. FED-325	USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4	U.S. Citizenship and Immigration Services	May 27, 2020	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	/library/FED-325	/exhibit/FED-325
Ex. FED-327	Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)	U.S. Department of State, Bureau of Consular Affairs	Mar. 20, 2020	U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)	/library/FED-327	/exhibit/FED-327
Ex. FED-328	Phased Resumption of Routine Visa Services (announcement of July 14, 2020)	U.S. Department of State, Bureau of Consular Affairs	July 14, 2020	U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)	/library/FED-328	/exhibit/FED-328
Ex. FED-331	General Order 72-4	Chief Judge Phyllis J. Hamilton	June 24, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)	/library/FED-331	/exhibit/FED-331
Ex. FED-332	General Order 72-5	Chief Judge Phyllis J. Hamilton	July 23, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)	/library/FED-332	/exhibit/FED-332
Ex. FED-333	General Order 72-6	Chief Judge Phyllis J. Hamilton	Sept. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	/library/FED-333	/exhibit/FED-333
Ex. FED-334	General Order 73 (Amended May 21, 2020)	Chief Judge Phyllis J. Hamilton	May 21, 2020	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	/library/FED-334	/exhibit/FED-334
Ex. FED-336	General Order 77	Chief Judge Phyllis J. Hamilton	June 9, 2020	Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)	/library/FED-336	/exhibit/FED-336
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-338	General Order 20-0012 (original)	Chief Judge Rebecca R. Pallmeyer	Mar. 12, 2020	Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)	/library/FED-338	/exhibit/FED-338
Ex. FED-339	Eighth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Nov. 13, 2020	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	/library/FED-339	/exhibit/FED-339
Ex. FED-340	CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…	Congress (Pub. L. 116-136, signed Mar. 27, 2020)	Mar. 27, 2020	Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)	/library/FED-340	/exhibit/FED-340
Ex. FED-342	Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors	Apr. 7, 2020	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)	/library/FED-342	/exhibit/FED-342
Ex. FED-343	Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…	Bureau of Consumer Financial Protection	June 30, 2020	Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)	/library/FED-343	/exhibit/FED-343
Ex. FED-344	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…	Bureau of Consumer Financial Protection	June 25, 2021	Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)	/library/FED-344	/exhibit/FED-344
Ex. FED-345	Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)	President Donald J. Trump (Memorandum for the Secretary of Education)	Aug. 8, 2020	President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)	/library/FED-345	/exhibit/FED-345
Ex. FED-346	FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac	Mar. 18, 2020	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)	/library/FED-346	/exhibit/FED-346
Ex. FED-348	FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)	Federal Housing Finance Agency	June 17, 2020	Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)	/library/FED-348	/exhibit/FED-348
Ex. FED-349	FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)	Federal Housing Finance Agency	Aug. 27, 2020	Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)	/library/FED-349	/exhibit/FED-349
Ex. FED-350	FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)	Federal Housing Finance Agency	Dec. 2, 2020	Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)	/library/FED-350	/exhibit/FED-350
Ex. FED-353	FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…	Federal Housing Finance Agency	Feb. 25, 2021	Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)	/library/FED-353	/exhibit/FED-353
Ex. FED-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)	/library/FED-354	/exhibit/FED-354
Ex. FED-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)	/library/FED-355	/exhibit/FED-355
Ex. FED-356	Mortgagee Letter 2020-04	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)	Mar. 18, 2020	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)	/library/FED-356	/exhibit/FED-356
Ex. FED-359	Mortgagee Letter 2020-19	HUD, Federal Housing Administration	June 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)	/library/FED-359
Ex. FED-360	Mortgagee Letter 2020-27	HUD, Federal Housing Administration	Aug. 27, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)	/library/FED-360	/exhibit/FED-360
Ex. FED-361	Mortgagee Letter 2020-43	HUD, Federal Housing Administration	Dec. 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)	/library/FED-361	/exhibit/FED-361
Ex. FED-362	Mortgagee Letter 2021-03	HUD, Federal Housing Administration	Jan. 21, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)	/library/FED-362	/exhibit/FED-362
Ex. FED-363	Mortgagee Letter 2021-05	HUD, Federal Housing Administration	Feb. 16, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)	/library/FED-363	/exhibit/FED-363
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-367	Circular 26-20-7	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service	Mar. 16, 2020	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	/library/FED-367	/exhibit/FED-367
Ex. FED-368	Circular 26-20-8	VA, Loan Guaranty Service	Mar. 18, 2020	VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)	/library/FED-368	/exhibit/FED-368
Ex. FED-369	Circular 26-20-12	VA, Loan Guaranty Service	Apr. 8, 2020	VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)	/library/FED-369	/exhibit/FED-369
Ex. FED-371	Circular 26-20-22	VA, Loan Guaranty Service	June 17, 2020	VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)	/library/FED-371	/exhibit/FED-371
Ex. FED-372	Circular 26-20-23	VA, Loan Guaranty Service	June 18, 2020	VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)	/library/FED-372	/exhibit/FED-372
Ex. FED-373	Circular 26-20-29	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)	/library/FED-373	/exhibit/FED-373
Ex. FED-374	Circular 26-20-30	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)	/library/FED-374	/exhibit/FED-374
Ex. FED-375	Circular 26-20-40	VA, Loan Guaranty Service	Dec. 28, 2020	VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)	/library/FED-375	/exhibit/FED-375
Ex. FED-376	Circular 26-21-2	VA, Loan Guaranty Service	Jan. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)	/library/FED-376	/exhibit/FED-376
Ex. FED-377	Circular 26-21-5	VA, Loan Guaranty Service	Feb. 16, 2021	VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)	/library/FED-377
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-381	USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…	U.S. Department of Agriculture, Rural Development	Mar. 19, 2020	U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)	/library/FED-381
Ex. FED-382	USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…	USDA Rural Development	Dec. 28, 2020	USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)	/library/FED-382
Ex. FED-384	USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…	USDA Rural Development (with the White House announcement of June 24, 2021)	June 24, 2021	USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)	/library/FED-384
Ex. FED-385	USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)	July 30, 2021	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)	/library/FED-385	/exhibit/FED-385
Ex. FED-386	Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…	Secretary of the Interior David L. Bernhardt	Mar. 22, 2020	Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)	/library/FED-386	/exhibit/FED-386
Ex. FED-387	NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…	Secretary of the Interior David L. Bernhardt; National Park Service	Mar. 18, 2020	Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)	/library/FED-387	/exhibit/FED-387
Ex. FED-389	BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon	Bureau of Land Management, Oregon/Washington State Office and District Managers	Mar. 27, 2020	Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)	/library/FED-389	/exhibit/FED-389
Ex. FED-390	Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors	Bureau of Reclamation	Mar. 17, 2020	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	/library/FED-390	/exhibit/FED-390
Ex. FED-391	USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only	U.S. Department of Agriculture, Farm Production and Conservation mission area	Mar. 23, 2020	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	/library/FED-391
Ex. FED-393	USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…	U.S. Army Corps of Engineers Headquarters and district commanders	Mar. 17, 2020	U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)	/library/FED-393
Ex. FED-396	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)	/library/FED-396	/exhibit/FED-396
Ex. FED-398	H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)	May 15, 2020	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	/library/FED-398	/exhibit/FED-398
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)	/library/LAW-001	/exhibit/LAW-001
Ex. LAW-002	Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…	United States Congress	Dec. 27, 2020	United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)	/library/LAW-002	/exhibit/LAW-002
Ex. LAW-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)	/library/LAW-003	/exhibit/LAW-003
Ex. LAW-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)	/library/LAW-004	/exhibit/LAW-004
Ex. NM-001	Executive Order 2020-004	Governor Michelle Lujan Grisham	Mar. 11, 2020	Governor Michelle Lujan Grisham, Executive Order 2020-004 (Mar. 11, 2020) (Ex. NM-001)	/library/NM-001	/exhibit/NM-001
Ex. NM-002	Public Health Emergency Order restricting visitation at nursing facilities (Mar. 13, 2020)	Secretary of Health Kathyleen M. Kunkel (at the Governor's direction)	Mar. 13, 2020	Secretary of Health Kathyleen M. Kunkel (at the Governor's direction), Public Health Emergency Order restricting visitation at nursing facilities (Mar. 13, 2020) (Ex. NM-002)	/library/NM-002	/exhibit/NM-002
Ex. NM-004	Supreme Court Order No. 20-8500-002	Supreme Court of New Mexico (Nakamura, C.J.)	Mar. 17, 2020	Supreme Court of New Mexico (Nakamura, C.J.), Supreme Court Order No. 20-8500-002 (Mar. 17, 2020) (Ex. NM-004)	/library/NM-004	/exhibit/NM-004
Ex. NM-005	Amended Public Health Emergency Order Limiting Mass Gatherings and Implementing Other Restrictions Due to COVID-19 (Mar. 19, 2020)	Secretary of Health Kathyleen M. Kunkel	Mar. 19, 2020	Secretary of Health Kathyleen M. Kunkel, Amended Public Health Emergency Order Limiting Mass Gatherings and Implementing Other Restrictions Due to COVID-19 (Mar. 19, 2020) (Ex. NM-005)	/library/NM-005	/exhibit/NM-005
Ex. NM-006	New Mexico Public Health Emergency Order (Mar. 23, 2020; eff. Mar. 24, 8:00 a.m.)	Secretary of Health Kathyleen M. Kunkel, 'as directed by the Governor pursuant to the full scope of her emergency powers'	Mar. 23, 2020	Secretary of Health Kathyleen M. Kunkel, 'as directed by the Governor pursuant to the full scope of her emergency powers', New Mexico Public Health Emergency Order (Mar. 23, 2020; eff. Mar. 24, 8:00 a.m.) (Ex. NM-006)	/library/NM-006	/exhibit/NM-006
Ex. NM-007	Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries (Mar. 24, 2020)	Secretary of Health Kathyleen M. Kunkel	Mar. 24, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries (Mar. 24, 2020) (Ex. NM-007)	/library/NM-007	/exhibit/NM-007
Ex. NM-008	Public Health Emergency Order Temporarily Regulating the Sale and Distribution of Personal Protective Equipment Due to Shortages Caused by COVID-19 (Mar. 24…	Secretary of Health Kathyleen M. Kunkel	Mar. 24, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order Temporarily Regulating the Sale and Distribution of Personal Protective Equipment Due to Shortages Caused by COVID-19 (Mar. 24, 2020) (Ex. NM-008)	/library/NM-008	/exhibit/NM-008
Ex. NM-009	Supreme Court Order No. 20-8500-007	Supreme Court of New Mexico	Mar. 24, 2020	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-007 (Mar. 24, 2020) (Ex. NM-009)	/library/NM-009	/exhibit/NM-009
Ex. NM-010	Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending the…	Secretary of Health Kathyleen M. Kunkel	Apr. 6, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order Clarifying that Current Guidance Documents, Advisories, and Emergency Public Health Orders Remain in Effect; and Amending the March 23, 2020 Public Health Emergency Order Closing All Businesses and Non-Profit Entities Except for those Deemed Essential (Apr. 6, 2020) (Ex. NM-010)	/library/NM-010	/exhibit/NM-010
Ex. NM-011	Amended Public Health Emergency Order of April 11, 2020 (houses of worship)	Secretary of Health Kathyleen M. Kunkel	Apr. 11, 2020	Secretary of Health Kathyleen M. Kunkel, Amended Public Health Emergency Order of April 11, 2020 (houses of worship) (Apr. 11, 2020) (Ex. NM-011)	/library/NM-011	/exhibit/NM-011
Ex. NM-012	Public Health Emergency Order of April 30, 2020 amending the March 23, April 6 and April 11 closure orders	Secretary of Health Kathyleen M. Kunkel	Apr. 30, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of April 30, 2020 amending the March 23, April 6 and April 11 closure orders (Apr. 30, 2020) (Ex. NM-012)	/library/NM-012	/exhibit/NM-012
Ex. NM-013	Public Health Emergency Order Modifying Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries (Apr. 30, 2020)	Secretary of Health Kathyleen M. Kunkel	Apr. 30, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order Modifying Temporary Restrictions on Non-Essential Health Care Services, Procedures, and Surgeries (Apr. 30, 2020) (Ex. NM-013)	/library/NM-013	/exhibit/NM-013
Ex. NM-014	Executive Order 2020-027	Governor Michelle Lujan Grisham	May 1, 2020	Governor Michelle Lujan Grisham, Executive Order 2020-027 (May 1, 2020) (Ex. NM-014)	/library/NM-014	/exhibit/NM-014
Ex. NM-015	Executive Order 2020-028	Governor Michelle Lujan Grisham	May 4, 2020	Governor Michelle Lujan Grisham, Executive Order 2020-028 (May 4, 2020) (Ex. NM-015)	/library/NM-015	/exhibit/NM-015
Ex. NM-016	Public Health Emergency Order of May 15, 2020 (Phase 1 reopening; universal face coverings)	Secretary of Health Kathyleen M. Kunkel	May 15, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of May 15, 2020 (Phase 1 reopening; universal face coverings) (Ex. NM-016)	/library/NM-016	/exhibit/NM-016
Ex. NM-017	Supreme Court Order No. 20-8500-017	Supreme Court of New Mexico	May 15, 2020	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-017 (May 15, 2020) (Ex. NM-017)	/library/NM-017	/exhibit/NM-017
Ex. NM-018	Public Health Emergency Order of May 27, 2020 (outdoor dining)	Secretary of Health Kathyleen M. Kunkel	May 27, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of May 27, 2020 (outdoor dining) (Ex. NM-018)	/library/NM-018	/exhibit/NM-018
Ex. NM-019	Supreme Court Order No. 20-8500-020	Supreme Court of New Mexico	May 28, 2020	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-020 (May 28, 2020) (Ex. NM-019)	/library/NM-019	/exhibit/NM-019
Ex. NM-020	Executive Order 2020-036	Governor Michelle Lujan Grisham	June 1, 2020	Governor Michelle Lujan Grisham, Executive Order 2020-036 (June 1, 2020) (Ex. NM-020)	/library/NM-020	/exhibit/NM-020
Ex. NM-021	Public Health Emergency Order of June 1, 2020 (indoor dining, gyms, salons, malls reopen with limits)	Secretary of Health Kathyleen M. Kunkel	June 1, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of June 1, 2020 (indoor dining, gyms, salons, malls reopen with limits) (Ex. NM-021)	/library/NM-021	/exhibit/NM-021
Ex. NM-022	Public Health Emergency Order of June 15, 2020 (breweries)	Secretary of Health Kathyleen M. Kunkel	June 15, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of June 15, 2020 (breweries) (Ex. NM-022)	/library/NM-022	/exhibit/NM-022
Ex. NM-023	Public Health Emergency Order of June 30, 2020 (extension; retail mask-entry rule)	Secretary of Health Kathyleen M. Kunkel	June 30, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of June 30, 2020 (extension; retail mask-entry rule) (Ex. NM-023)	/library/NM-023	/exhibit/NM-023
Ex. NM-024	Executive Order 2020-054	Governor Michelle Lujan Grisham	July 1, 2020	Governor Michelle Lujan Grisham, Executive Order 2020-054 (July 1, 2020) (Ex. NM-024)	/library/NM-024	/exhibit/NM-024
Ex. NM-025	Supreme Court Order No. 20-8500-025 with attached New Mexico Judiciary Public Health Emergency Protocols (Emergency Court Protocols Nos. 1-3)	Supreme Court of New Mexico	July 6, 2020	Supreme Court of New Mexico, Supreme Court Order No. 20-8500-025 with attached New Mexico Judiciary Public Health Emergency Protocols (Emergency Court Protocols Nos. 1-3) (July 6, 2020) (Ex. NM-025)	/library/NM-025	/exhibit/NM-025
Ex. NM-026	Public Health Emergency Order of July 13, 2020 (indoor dining closed; parks residents only; masks while exercising)	Secretary of Health Kathyleen M. Kunkel	July 13, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of July 13, 2020 (indoor dining closed; parks residents only; masks while exercising) (Ex. NM-026)	/library/NM-026	/exhibit/NM-026
Ex. NM-027	Public Health Emergency Order of July 30, 2020	Secretary of Health Kathyleen M. Kunkel	July 30, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of July 30, 2020 (Ex. NM-027)	/library/NM-027	/exhibit/NM-027
Ex. NM-028	Public Health Emergency Order of August 28, 2020 (indoor dining 25%; gatherings 10)	Acting Secretary of Health Billy J. Jimenez	Aug. 28, 2020	Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of August 28, 2020 (indoor dining 25%; gatherings 10) (Aug. 28, 2020) (Ex. NM-028)	/library/NM-028	/exhibit/NM-028
Ex. NM-029	Executive Order 2020-059	Governor Michelle Lujan Grisham	Aug. 28, 2020	Governor Michelle Lujan Grisham, Executive Order 2020-059 (Aug. 28, 2020) (Ex. NM-029)	/library/NM-029	/exhibit/NM-029
Ex. NM-030	Public Health Emergency Order of September 3, 2020 (lodging 75% for NM Safe Certified operators)	Acting Secretary of Health Billy J. Jimenez	Sept. 3, 2020	Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of September 3, 2020 (lodging 75% for NM Safe Certified operators) (Sept. 3, 2020) (Ex. NM-030)	/library/NM-030	/exhibit/NM-030
Ex. NM-031	Executive Order 2020-063	Governor Michelle Lujan Grisham	Sept. 3, 2020	Governor Michelle Lujan Grisham, Executive Order 2020-063 (Sept. 3, 2020) (Ex. NM-031)	/library/NM-031	/exhibit/NM-031
Ex. NM-032	Public Health Emergency Order of September 18, 2020	Acting Secretary of Health Billy J. Jimenez	Sept. 18, 2020	Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of September 18, 2020 (Sept. 18, 2020) (Ex. NM-032)	/library/NM-032	/exhibit/NM-032
Ex. NM-033	Public Health Emergency Order of October 16, 2020 (gatherings 5; 10 p.m. alcohol closing; lodging 60/25%)	Acting Secretary of Health Billy J. Jimenez	Oct. 16, 2020	Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of October 16, 2020 (gatherings 5; 10 p.m. alcohol closing; lodging 60/25%) (Oct. 16, 2020) (Ex. NM-033)	/library/NM-033	/exhibit/NM-033
Ex. NM-034	Executive Order 2020-072	Governor Michelle Lujan Grisham	Oct. 16, 2020	Governor Michelle Lujan Grisham, Executive Order 2020-072 (Oct. 16, 2020) (Ex. NM-034)	/library/NM-034	/exhibit/NM-034
Ex. NM-035	Executive Order 2020-073	Governor Michelle Lujan Grisham	Oct. 16, 2020	Governor Michelle Lujan Grisham, Executive Order 2020-073 (Oct. 16, 2020) (Ex. NM-035)	/library/NM-035	/exhibit/NM-035
Ex. NM-036	Public Health Emergency Order of October 22, 2020 (retail 10 p.m. closing; rapid-response closures; certified-only indoor dining; State museums closed)	Acting Secretary of Health Billy J. Jimenez	Oct. 22, 2020	Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of October 22, 2020 (retail 10 p.m. closing; rapid-response closures; certified-only indoor dining; State museums closed) (Oct. 22, 2020) (Ex. NM-036)	/library/NM-036	/exhibit/NM-036
Ex. NM-037	Executive Order 2020-075	Governor Michelle Lujan Grisham	Oct. 29, 2020	Governor Michelle Lujan Grisham, Executive Order 2020-075 (Oct. 29, 2020) (Ex. NM-037)	/library/NM-037	/exhibit/NM-037
Ex. NM-038	Public Health Emergency Order of November 5, 2020	Acting Secretary of Health Billy J. Jimenez	Nov. 5, 2020	Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of November 5, 2020 (Nov. 5, 2020) (Ex. NM-038)	/library/NM-038	/exhibit/NM-038
Ex. NM-039	Public Health Emergency Order of November 13, 2020 (the two-week 'reset')	Acting Secretary of Health Billy J. Jimenez	Nov. 13, 2020	Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of November 13, 2020 (the two-week 'reset') (Nov. 13, 2020) (Ex. NM-039)	/library/NM-039	/exhibit/NM-039
Ex. NM-040	Amended Public Health Emergency Order of November 18, 2020 (reset tightened; big-box retail closed; animal grooming barred)	Acting Secretary of Health Billy J. Jimenez	Nov. 18, 2020	Acting Secretary of Health Billy J. Jimenez, Amended Public Health Emergency Order of November 18, 2020 (reset tightened; big-box retail closed; animal grooming barred) (Nov. 18, 2020) (Ex. NM-040)	/library/NM-040	/exhibit/NM-040
Ex. NM-041	Public Health Emergency Order of November 30, 2020 establishing the Red-Yellow-Green county-by-county framework	Acting Secretary of Health Billy J. Jimenez	Nov. 30, 2020	Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of November 30, 2020 establishing the Red-Yellow-Green county-by-county framework (Nov. 30, 2020) (Ex. NM-041)	/library/NM-041	/exhibit/NM-041
Ex. NM-042	Public Health Emergency Order of December 2, 2020 (Red-to-Green framework reissued)	Acting Secretary of Health Billy J. Jimenez	Dec. 2, 2020	Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order of December 2, 2020 (Red-to-Green framework reissued) (Dec. 2, 2020) (Ex. NM-042)	/library/NM-042	/exhibit/NM-042
Ex. NM-043	Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Surgical Procedures (Dec. 9, 2020)	Acting Secretary of Health Billy J. Jimenez	Dec. 9, 2020	Acting Secretary of Health Billy J. Jimenez, Public Health Emergency Order Imposing Temporary Restrictions on Non-Essential Surgical Procedures (Dec. 9, 2020) (Ex. NM-043)	/library/NM-043	/exhibit/NM-043
Ex. NM-044	Executive Order 2020-085	Governor Michelle Lujan Grisham	Dec. 11, 2020	Governor Michelle Lujan Grisham, Executive Order 2020-085 (Dec. 11, 2020) (Ex. NM-044)	/library/NM-044	/exhibit/NM-044
Ex. NM-045	Supreme Court Order No. 20-8500-042 (amending Emergency Court Protocols Nos. 1, 2 and 3)	Supreme Court of New Mexico (M. Vigil, C.J.)	Dec. 14, 2020	Supreme Court of New Mexico (M. Vigil, C.J.), Supreme Court Order No. 20-8500-042 (amending Emergency Court Protocols Nos. 1, 2 and 3) (Dec. 14, 2020) (Ex. NM-045)	/library/NM-045	/exhibit/NM-045
Ex. NM-046	Public Health Emergency Order of December 15, 2020 (Red-to-Green framework; essential retail 50/33/25%)	Secretary-Designate of Health Tracie C. Collins, M.D.	Dec. 15, 2020	Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of December 15, 2020 (Red-to-Green framework; essential retail 50/33/25%) (Dec. 15, 2020) (Ex. NM-046)	/library/NM-046	/exhibit/NM-046
Ex. NM-047	Public Health Emergency Order of December 30, 2020 (Red-to-Green framework continued)	Secretary-Designate of Health Tracie C. Collins, M.D.	Dec. 30, 2020	Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of December 30, 2020 (Red-to-Green framework continued) (Dec. 30, 2020) (Ex. NM-047)	/library/NM-047	/exhibit/NM-047
Ex. NM-048	Executive Order 2021-001	Governor Michelle Lujan Grisham	Jan. 8, 2021	Governor Michelle Lujan Grisham, Executive Order 2021-001 (Jan. 8, 2021) (Ex. NM-048)	/library/NM-048	/exhibit/NM-048
Ex. NM-049	Public Health Emergency Order of January 29, 2021 (Red-to-Green framework continued)	Secretary-Designate of Health Tracie C. Collins, M.D.	Jan. 29, 2021	Secretary-Designate of Health Tracie C. Collins, M.D, Public Health Emergency Order of January 29, 2021 (Red-to-Green framework continued) (Jan. 29, 2021) (Ex. NM-049)	/library/NM-049	/exhibit/NM-049
Ex. NM-050	Executive Order 2021-004	Governor Michelle Lujan Grisham	Feb. 5, 2021	Governor Michelle Lujan Grisham, Executive Order 2021-004 (Feb. 5, 2021) (Ex. NM-050)	/library/NM-050	/exhibit/NM-050
Ex. NM-051	Executive Order 2021-006	Governor Michelle Lujan Grisham	Feb. 10, 2021	Governor Michelle Lujan Grisham, Executive Order 2021-006 (Feb. 10, 2021) (Ex. NM-051)	/library/NM-051	/exhibit/NM-051
Ex. NM-052	Executive Order 2021-010	Governor Michelle Lujan Grisham	Mar. 5, 2021	Governor Michelle Lujan Grisham, Executive Order 2021-010 (Mar. 5, 2021) (Ex. NM-052)	/library/NM-052	/exhibit/NM-052
Ex. NM-053	Executive Order 2021-011	Governor Michelle Lujan Grisham	Apr. 2, 2021	Governor Michelle Lujan Grisham, Executive Order 2021-011 (Apr. 2, 2021) (Ex. NM-053)	/library/NM-053	/exhibit/NM-053
Ex. NM-054	Public Health Emergency Order of April 28, 2021 (Red-Yellow-Green-Turquoise framework with vaccination metric)	Secretary of Health Tracie C. Collins, M.D.	Apr. 28, 2021	Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of April 28, 2021 (Red-Yellow-Green-Turquoise framework with vaccination metric) (Apr. 28, 2021) (Ex. NM-054)	/library/NM-054	/exhibit/NM-054
Ex. NM-055	Executive Order 2021-012	Governor Michelle Lujan Grisham	Apr. 30, 2021	Governor Michelle Lujan Grisham, Executive Order 2021-012 (Apr. 30, 2021) (Ex. NM-055)	/library/NM-055	/exhibit/NM-055
Ex. NM-056	Public Health Emergency Order of May 14, 2021 (fully vaccinated persons relieved of the mask requirement except where CDC recommends)	Secretary of Health Tracie C. Collins, M.D.	May 14, 2021	Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of May 14, 2021 (fully vaccinated persons relieved of the mask requirement except where CDC recommends) (Ex. NM-056)	/library/NM-056	/exhibit/NM-056
Ex. NM-057	Public Health Emergency Order of June 2, 2021 (county framework through June 30, 2021)	Secretary of Health Tracie C. Collins, M.D.	June 2, 2021	Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of June 2, 2021 (county framework through June 30, 2021) (Ex. NM-057)	/library/NM-057	/exhibit/NM-057
Ex. NM-058	Executive Order 2021-030	Governor Michelle Lujan Grisham	June 25, 2021	Governor Michelle Lujan Grisham, Executive Order 2021-030 (June 25, 2021) (Ex. NM-058)	/library/NM-058	/exhibit/NM-058
Ex. NM-059	Supreme Court Order No. 21-8500-015 (amending PHE Protocols Nos. 1 and 2)	Supreme Court of New Mexico	June 29, 2021	Supreme Court of New Mexico, Supreme Court Order No. 21-8500-015 (amending PHE Protocols Nos. 1 and 2) (June 29, 2021) (Ex. NM-059)	/library/NM-059	/exhibit/NM-059
Ex. NM-060	Public Health Emergency Order of June 30, 2021 (county framework and capacity limits ended; masks for the unvaccinated; CSPs mandatory)	Secretary of Health Tracie C. Collins, M.D.	June 30, 2021	Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of June 30, 2021 (county framework and capacity limits ended; masks for the unvaccinated; CSPs mandatory) (Ex. NM-060)	/library/NM-060	/exhibit/NM-060
Ex. NM-061	Executive Order 2021-044	Governor Michelle Lujan Grisham	July 23, 2021	Governor Michelle Lujan Grisham, Executive Order 2021-044 (July 23, 2021) (Ex. NM-061)	/library/NM-061	/exhibit/NM-061
Ex. NM-062	Public Health Emergency Order of July 30, 2021	Acting Secretary of Health David R. Scrase, M.D.	July 30, 2021	Acting Secretary of Health David R. Scrase, M.D, Public Health Emergency Order of July 30, 2021 (Ex. NM-062)	/library/NM-062	/exhibit/NM-062
Ex. NM-063	Executive Order 2021-046	Governor Michelle Lujan Grisham	July 30, 2021	Governor Michelle Lujan Grisham, Executive Order 2021-046 (July 30, 2021) (Ex. NM-063)	/library/NM-063	/exhibit/NM-063
Ex. NM-064	Combined Supreme Court Order No. 21-8500-020 (amending PHE Protocol No. 1)	Supreme Court of New Mexico	Aug. 9, 2021	Supreme Court of New Mexico, Combined Supreme Court Order No. 21-8500-020 (amending PHE Protocol No. 1) (Aug. 9, 2021) (Ex. NM-064)	/library/NM-064	/exhibit/NM-064
Ex. NM-065	Executive Order 2021-049	Governor Michelle Lujan Grisham	Aug. 16, 2021	Governor Michelle Lujan Grisham, Executive Order 2021-049 (Aug. 16, 2021) (Ex. NM-065)	/library/NM-065	/exhibit/NM-065
Ex. NM-066	Supreme Court Order No. 21-8500-021 with Amended Emergency Court Protocols	Supreme Court of New Mexico (M. Vigil, C.J.)	Aug. 16, 2021	Supreme Court of New Mexico (M. Vigil, C.J.), Supreme Court Order No. 21-8500-021 with Amended Emergency Court Protocols (Aug. 16, 2021) (Ex. NM-066)	/library/NM-066	/exhibit/NM-066
Ex. NM-067	Public Health Emergency Order of August 17, 2021 (indoor mask mandate reinstated for all persons)	Acting Secretary of Health David R. Scrase, M.D.	Aug. 17, 2021	Acting Secretary of Health David R. Scrase, M.D, Public Health Emergency Order of August 17, 2021 (indoor mask mandate reinstated for all persons) (Aug. 17, 2021) (Ex. NM-067)	/library/NM-067	/exhibit/NM-067
Ex. NM-068	New Mexico PHO of Aug. 17, 2021 (school workers; hospital and congregate-care workers)	Acting Secretary of Health David R. Scrase, M.D.	Aug. 17, 2021	Acting Secretary of Health David R. Scrase, M.D, New Mexico PHO of Aug. 17, 2021 (school workers; hospital and congregate-care workers) (Ex. NM-068)	/library/NM-068	/exhibit/NM-068
Ex. NM-069	Executive Order 2021-054	Governor Michelle Lujan Grisham	Sept. 15, 2021	Governor Michelle Lujan Grisham, Executive Order 2021-054 (Sept. 15, 2021) (Ex. NM-069)	/library/NM-069	/exhibit/NM-069
Ex. NM-070	Public Health Emergency Order of September 15, 2021 (indoor mask mandate extended)	Acting Secretary of Health David R. Scrase, M.D.	Sept. 15, 2021	Acting Secretary of Health David R. Scrase, M.D, Public Health Emergency Order of September 15, 2021 (indoor mask mandate extended) (Sept. 15, 2021) (Ex. NM-070)	/library/NM-070	/exhibit/NM-070
Ex. NM-071	Amended Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and Requiring Congregate Care Facility Workers…	Acting Secretary of Health David R. Scrase, M.D.	Sept. 15, 2021	Acting Secretary of Health David R. Scrase, M.D, Amended Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and Requiring Congregate Care Facility Workers, Hospital Workers, and Employees of the Office of the Governor Be Fully Vaccinated (Sept. 15, 2021) (Ex. NM-071)	/library/NM-071	/exhibit/NM-071
Ex. NM-072	Supreme Court Order No. 22-8500-001	Supreme Court of New Mexico	Jan. 4, 2022	Supreme Court of New Mexico, Supreme Court Order No. 22-8500-001 (Jan. 4, 2022) (Ex. NM-072)	/library/NM-072	/exhibit/NM-072
Ex. NM-073	Declaration of Local Public Health Emergency (Mar. 18, 2020), as described in the City's release	Mayor Timothy M. Keller	Mar. 18, 2020	Mayor Timothy M. Keller, Declaration of Local Public Health Emergency (Mar. 18, 2020), as described in the City's release (Ex. NM-073)	/library/NM-073	/exhibit/NM-073
Ex. NM-075	Executive Order 2020-013	Governor Michelle Lujan Grisham	Mar. 27, 2020	Governor Michelle Lujan Grisham, Executive Order 2020-013 (Mar. 27, 2020) (Ex. NM-075)	/library/NM-075
Ex. NM-076	Public Health Emergency Order of February 24, 2021 (Turquoise level added) and its March 2021 reissue	Secretary of Health Tracie C. Collins, M.D.	Feb. 24, 2021	Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of February 24, 2021 (Turquoise level added) and its March 2021 reissue (Feb. 24, 2021) (Ex. NM-076)	/library/NM-076
Ex. NM-077	K-12 public school closure (Mar. 13, 2020, effective Mar. 16 through Apr. 3; extended Mar. 27, 2020 through the end of the 2019-20 school year) and PED 'Reentry…	Governor Michelle Lujan Grisham; Public Education Secretary Ryan Stewart	Mar. 13, 2020	Governor Michelle Lujan Grisham; Public Education Secretary Ryan Stewart, K-12 public school closure (Mar. 13, 2020, effective Mar. 16 through Apr. 3; extended Mar. 27, 2020 through the end of the 2019-20 school year) and PED 'Reentry Guidance' (June 20, 2020) and 'COVID-19 Response Toolkit for New Mexico's Public Schools' (2021-22) (Ex. NM-077)	/library/NM-077
Ex. NM-078	Directive of March 15, 2020 to State agencies (remote work; State buildings closed to the public; museums, historic sites and State parks closed)	Governor Michelle Lujan Grisham	Mar. 15, 2020	Governor Michelle Lujan Grisham, Directive of March 15, 2020 to State agencies (remote work; State buildings closed to the public; museums, historic sites and State parks closed) (Mar. 15, 2020) (Ex. NM-078)	/library/NM-078
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004

8. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?state=NM&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.