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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Vermont

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Oct. 1, 2026. 421 instruments cited; 411 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=VT&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, Oct. 1, 2026. Selection: State Vermont 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=VT&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)

Vermont, first day (Apr. 1, 2020): April 1, 2020: EO 01-20 and every Addendum and Directive in force: Stay Home/Stay Safe (VT-010) with all non-critical in-person business suspended; work-from-home order (VT-009); bars and restaurants closed to on-premises consumption (VT-004, extended VT-013); close-contact businesses closed and gatherings over 10 prohibited (VT-008); schools dismissed for the year (VT-011); child care closed except for Essential Persons (VT-005); elective and dental procedures postponed (VT-007); DMV in-person transactions suspended (VT-006); 14-day traveler quarantine and lodging suspended (VT-012); judicial emergency with nonemergency hearings and jury trials suspended (VT-048, VT-049); DFR telehealth and audit rules (VT-064, VT-065)

Vermont, last day (June 30, 2020): June 30, 2020: Amended and Restated EO 01-20 (VT-025) in force to July 15; every operation conditioned on ACCD Work Safe Guidance (occupancy 50 percent or one person per 100 square feet, events 75 indoor/150 outdoor from June 26, VT-097; dining 50 percent; lodging 50 percent or 25 guests, VT-088); employee masks (VT-015) and transit masks (VT-017) mandatory, public masks encouraged; 14-day or 7-day-plus-test quarantine except from map counties (VT-024, VT-025 § 7(i), VT-101); telework to be encouraged and facilitated (VT-025 § 9(e)); LTC visitation outdoor only from June 19 (VT-095); fairs and festivals cancelled (VT-022, VT-025 § 8); A.O. 49 extended to Sept. 1 with criminal jury trials suspended to Sept. 1 and civil to Jan. 1, 2021 (VT-051); Act 101 moratorium (VT-046)

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)

Vermont, first day (July 1, 2020): July 1, 2020: as on June 30, with the travel map expanded to counties of DE, MD, NJ, OH, PA, VA, WV and DC (VT-089)

Vermont, last day (Sept. 30, 2020): September 30, 2020: Amended and Restated EO extended to Oct. 15 (VT-031); statewide mask mandate since Aug. 1 (VT-027); occupancy 50 percent, events 75/150; bar seating with partitions and full lodging occupancy from Sept. 18 with quarantine and travel map still in force (VT-090); schools opened Sept. 8 under Directive 6 and AOE guidance (VT-028); telework encouraged and facilitated; municipalities authorized to tighten gatherings and bar hours (VT-029); A.O. 49 extended to Jan. 1, 2021 (VT-052) with courthouse masks (VT-050); DFR H-2020-05-E (VT-067) and Bulletin 217 (VT-077)

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)

Vermont, first day (Oct. 1, 2020): October 1, 2020: as on September 30

Vermont, last day (Dec. 31, 2020): December 31, 2020: Amended and Restated EO extended to Jan. 15, 2021 (VT-036); Addendum 8 in force: multi-household social gatherings suspended, bars and social clubs closed, restaurants closed to in-person dining at 10:00 p.m. with one household per table, recreational sports suspended, 30-day contact logs, telework 'to the maximum extent possible' (VT-034, VT-035); universal 14-day or 7-day-plus-test quarantine for all non-essential travel since Nov. 10 (VT-080); mask mandate (VT-027); DFR H-2020-06-E (VT-068); A.O. 49 extended to Mar. 31, 2021 with a presumption of remote hearings (VT-053, VT-054)

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)

Vermont, last day (Mar. 31, 2021): March 31, 2021: Amended and Restated EO extended to Apr. 15 (VT-039); mask mandate; capacity limits; multi-household gatherings limited to two unvaccinated households plus vaccinated persons, restaurant tables of six (VT-093); fully vaccinated travelers exempt from quarantine, all others 14 days or 7 days plus test (VT-082); bars' status governed by ACCD guidance (see caveats); A.O. 49 extended to May 31 (VT-055); DFR H-2020-06-E (VT-068)

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)

Vermont, first day (Apr. 1, 2021): April 1, 2021: as on March 31; Addendum 13 (UI relief) issued Apr. 1 (VT-040); Vermont Forward Plan announced Apr. 6 with Step 1 Apr. 9 (VT-081)

Vermont, last day (June 30, 2021): June 30, 2021: State of Emergency expired midnight June 15 after the Governor's June 14 directive lifted all State restrictions (VT-098, VT-078, VT-079, VT-043); EO 06-21 in force (VT-044); Act 101 moratorium to July 15 (VT-046); A.O. 49 extended to Sept. 7 (VT-057), mandatory remote hearings ended June 14 (VT-056), courthouse mask policy continuing (VT-058); AOE Instructional Operations for Fall 2021 (VT-071); DFR H-2020-06-E to July 1 (VT-068); Act 70 signed June 8, effective July 1 (VT-076)

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)

Vermont, first day (July 1, 2021): July 1, 2021: EO 06-21 (VT-044); Act 101 moratorium through July 15 (VT-046); A.O. 49 to Sept. 7 with PG-13 masks for all courthouse visitors from July 6 (VT-057, VT-059); DFR H-2021-01-E from July 1 (VT-070) and H-2020-05-E (VT-067); Act 70 (VT-076); federal transit, health-care and border instruments

Vermont, last day (Sept. 30, 2021): September 30, 2021: EO 06-21; A.O. 49 extended to Nov. 1, 2021 with limited-entry courthouses and remote-only hearings in them (VT-061) and PG-13 as amended Sept. 1 (VT-060); H-2021-01-E and H-2020-05-E; Act 70; State-employee vaccination requirement in 24/7 facilities (Sept. 1) and executive-branch-wide attest-or-test-and-mask requirement (Sept. 15) (VT-083, VT-085); AOE/VDH advisory memoranda and school-board universal masking requirements extended to Nov. 1 (VT-094, VT-072, VT-074); federal instruments

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

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

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

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

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

Layer2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Total
Federal layer179163160175165167330
State of Vermont38263326352195
Agencies, boards and authorities1111111
Standing duties43474945494466
All layers261237243247250233492

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 Vermont

Ex. VT-023
Addendum 16 to Executive Order 01-20

Close Contact Businesses; Large Social Gatherings

Governor Philip B. Scott, Vermont (State)

Dates
In force from June 1, 2020 to June 15, 2020 (issued May 29, 2020)
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering capWorkplace rules
Functions reached
FC gyms and fitness facilities; SL nail salons, spas, tattoo; WS worship at occupancy limits; GATH 25; EVT; CB
Grade
Primary source read
Days in this quarter
15

direct the Secretary of the Agency of Commerce and Community Development (ACCD) to issue mitigation requirements and procedures for the limited, incremental and phased resumption of close contact businesses such as gymnasiums, fitness centers and similar exercise facilities, nail salons, spas and tattoo parlors business, effective June 1, 2020... As of June 1, 2020, Section 6 of the Executive Order and Addendum 4 to the Executive Order are amended to allow social gatherings of up to twenty-five (25) people at the same time in any confined indoor or outdoor space which encourages congregation; provided however, to the extent the Secretary of ACCD has established occupancy limits for business and non-profit and government entity operations, including, but not limited to, retail, recreational, dining, worship and event spaces... applicable occupancy limits shall apply.

Enforcement: ACCD requirements; VDH Commissioner recall power; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 16 to Executive Order 01-20 (May 29, 2020) (Ex. VT-023) Open the exhibit

Ex. VT-004
Addendum 2 to Executive Order 01-20

Order Prohibiting Gatherings of 50 People or 50% of Permitted Occupancy, Whichever Is Less, and On-Premises Consumption of Food and Drink

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 17, 2020 to Apr. 6, 2020 (issued Mar. 16, 2020)
Quarters
2020 Q2
Limitations
Business closureGathering capAlcohol and bars
Functions reached
DR dining room; BA bar service; BQ banquets; FB hotel food and beverage; CN concessions; KT kitchen (take-out only); CB
Grade
Primary source read
Days in this quarter
21

Effective Tuesday, March 17, 2020 at 2:00 p.m. and continuing in full force and effect until April 6, 2020, any restaurant, bar, or establishment that offers food or drink shall not permit on-premises consumption of food or drink; provided however, such establishments may continue to offer food for take-out and by delivery.

Enforcement: 20 V.S.A. § 40 (VT-103); Department of Liquor and Lottery licensing (VT-025 § 9(f), § 10)

Citation: Governor Philip B. Scott, Addendum 2 to Executive Order 01-20 (Mar. 16, 2020) (Ex. VT-004) Open the exhibit

Ex. VT-008
Addendum 4 to Executive Order 01-20

Closure of Close-Contact Businesses and Further Restrictions of the Size of Mass Gatherings

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 23, 2020 to Apr. 15, 2020 (issued Mar. 20, 2020)
Quarters
2020 Q2
Limitations
Business closureGathering capWorkplace rules
Functions reached
SL salon, barber, nail and spa services; FC gyms and fitness facilities; GATH/EVT gatherings over ten; EMP posting and distancing duties on all businesses; WS worship gatherings; MK events
Grade
Primary source read
Days in this quarter
24

No later than 8:00 p.m. on Monday, March 23, 2020, gymnasiums, fitness centers and similar exercise facilities, hair salons and barbers, nail salons, spas and tattoo parlors shall cease all in-person operations... I hereby further amend and restate Section 6 of the Executive Order to prohibit all non-essential gatherings of more than ten (10) people at the same time in a space such as an auditorium, stadium, arena, large conference room, meeting hall, theater or any other confined indoor or confined outdoor space which encourages congregation... All public and private enterprises shall post appropriate notices requiring compliance with recommendations by the CDC and the Commissioner of the Vermont Department of Health.

Enforcement: 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 4 to Executive Order 01-20 (Mar. 20, 2020) (Ex. VT-008) Open the exhibit

Ex. VT-010
Addendum 6 to Executive Order 01-20

Stay Home/Stay Safe

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 25, 2020 to Apr. 15, 2020 (issued Mar. 24, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateTravel and quarantineWorkplace rules
Functions reached
CB customer base under stay-home; SF sales floor and premises closed; OF offices closed; SL; FC; DR; JS non-critical construction; PF non-critical manufacturing; LG lodging suspended; BR retail banking limited to ATM, drive-through, online and telephone; SH in-person real estate suspended (VT-014 ¶ 3(A)); WF
Grade
Primary source read
Days in this quarter
22

Vermonters are directed to stay at home or in their place of residence, leaving only for essential reasons such as: personal safety; groceries or medicine; curbside pick-up of goods, meals or beverages; medical care; exercise; care of others; and work, as set forth further below... As previously directed, all workers shall work remotely when possible... effective Wednesday, March 25, 2020 at 5 p.m., subject to closures and limitations provided in prior orders, all businesses and not-for-profit entities in the state shall suspend in-person business operations... Businesses and entities providing services or functions deemed critical to public health and safety, as well as economic and national security shall remain in operation.

Enforcement: 20 V.S.A. § 40 (VT-103); ACCD administered the critical-business determinations (¶ 7)

Citation: Governor Philip B. Scott, Addendum 6 to Executive Order 01-20 (Mar. 24, 2020) (Ex. VT-010) Open the exhibit

Ex. VT-019
Addendum 13 to Executive Order 01-20

Play Smart and Play Safe: Restart Phase V (outdoor recreation; gatherings of ten; quarantine after out-of-state travel)

Governor Philip B. Scott, Vermont (State)

Dates
In force from May 7, 2020 to May 15, 2020 (issued May 6, 2020)
Quarters
2020 Q2
Limitations
Business closureGathering capTravel and quarantineWorkplace rulesQuarantine and isolation
Functions reached
AM amusement and recreation (golf, trails, guided expeditions); CN concessions and pro shops closed; GATH ten; TR out-of-state travel quarantine; EMP; CB out-of-state customers barred
Grade
Primary source read
Days in this quarter
9

Vermonters may leave home to get fresh air and exercise and resume limited social interactions and gatherings of 10 or fewer, preferably in outdoor settings... Anyone who leaves Vermont for more than one day for non-essential travel is required to quarantine at home for 14-days upon their return... Campgrounds, marinas and beaches shall not be opened at this time... Post signage and institute registration processes that reinforce outdoor facilities are only open to Vermonters and those who have met the 14-day quarantine requirement... Close indoor facilities that require in-person transactions (such as lobbies, pro-shops and other small retail operations, bars and restaurants).

Enforcement: ¶ 7 State agencies regulating outdoor recreation; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 13 to Executive Order 01-20 (May 6, 2020) (Ex. VT-019) Open the exhibit

Ex. VT-021
Addendum 14 to Executive Order 01-20

Extension of State of Emergency Declared March 13, 2020; Be Smart/Stay Safe; lodging resumption

Governor Philip B. Scott, Vermont (State)

Dates
In force from May 15, 2020 to June 15, 2020
Quarters
2020 Q2
Limitations
Emergency declarationStay-at-homeBusiness closureFace-covering requirementTravel and quarantineWorkplace rules
Functions reached
LG lodging (Vermonters and quarantined guests only); TV travel; OF telework; DR/BA/SL/FC closures continued; GATH ten; CB older customers sheltering
Grade
Primary source read
Days in this quarter
32

the State of Emergency for the State of Vermont shall be extended through midnight on Monday, June 15, 2020... Vermonters should travel only as needed... For work, although all workers should continue to work remotely whenever possible... Older adults (age 65 and over)... should continue to shelter in place... The legislative body of each municipality may enact more strict local requirements regarding mask use than those set forth herein... Lodging may be provided for... Lodging for Vermont residents and others who certify self-quarantine for a minimum of 14 days prior to lodging overnight in Vermont... Addendum 2..., Addendum 4..., and Addendum 5... shall remain in full force and effect. Addendum 6... shall remain in effect except as modified.

Enforcement: ACCD mitigation requirements; VDH Commissioner recall power; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 14 to Executive Order 01-20 (May 15, 2020) (Ex. VT-021) Open the exhibit

Ex. VT-020
Amendment to Addendum 6 to Executive Order 01-20

Stay Home/Stay Safe: Restart Phase VI (phased resumption of non-critical operations beginning with non-essential retail)

Governor Philip B. Scott, Vermont (State)

Dates
In force from May 18, 2020; end: Extended with Executive Order 01-20 by Addendum 14 (May 15, 2020; VT-021) to… (issued May 13, 2020)
Quarters
2020 Q2
Limitations
Business closureCapacity limitWorkplace rules
Functions reached
SF sales floor (occupancy limits from May 18); DR/BA still closed; SL/FC still closed; OF telework still required; EMP
Grade
Primary source read
Days in this quarter
44 (in force on the last day)

hereby authorize the Secretary of the Agency of Commerce and Community Development (ACCD) to issue mitigation requirements and procedures for the limited, incremental and phased resumption of business, non-profit and government entity operations which had previously been determined to be non-critical services under Stay Home/Stay Safe, effective Monday, May 18, 2020. The limited, incremental, and phased resumption... shall begin with non-essential retail; and mitigation requirements and procedures issued by the Secretary shall require implementation of appropriate occupancy limits... Addendum 2..., Addendum 4..., and Addendum 5... shall remain in full force and effect.

Enforcement: ACCD mitigation requirements; VDH Commissioner may 'require any or all businesses... to return to certain standards of operation'; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Amendment to Addendum 6 to Executive Order 01-20 (May 13, 2020) (Ex. VT-020) Open the exhibit

Ex. VT-022
Addendum 15 to Executive Order 01-20

Outdoor Restaurants, Bars and Other Establishments that Offer Food and Drink; fairs and festivals cancelled

Governor Philip B. Scott, Vermont (State)

Dates
In force from May 22, 2020 to June 15, 2020
Quarters
2020 Q2
Limitations
Business closureCapacity limitAlcohol and barsEvents and venues
Functions reached
DR outdoor dining only; BA outdoor alcohol by permit; BQ/MK fairs and festivals cancelled for 2020; EVT; CB
Grade
Primary source read
Days in this quarter
25

Effective May 22, 2020, Addendum 2 to the Executive Order is hereby modified to allow the limited resumption of restaurant and bar operations in accordance with the general health and safety requirements and the mitigation requirements and procedures regarding restaurant operations issued by the Secretary of ACCD... traditional fairs and festivals are hereby cancelled until further notice... Enforcement of all municipal ordinances and regulations requiring an applicant to receive an approval or permit for outdoor food and beverage service is hereby suspended until such time as the local jurisdiction has acted to disapprove an Outdoor Consumption Permit issued by DLL.

Enforcement: DLL permitting; 'The Board shall not penalize any licensee who is in compliance'; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 15 to Executive Order 01-20 (May 22, 2020) (Ex. VT-022) Open the exhibit

Ex. VT-025
Amended and Restated Executive Order No. 01-20

Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (amended and restated; Be Smart, Stay Safe; Work Safe)

Governor Philip B. Scott, Vermont (State)

Dates
In force from June 15, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Emergency declarationTelework mandateCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careHealth care ordersAlcohol and barsEvents and venuesCourts and public officesWorkplace rulesQuarantine and isolation
Functions reached
every function of every sector operating in Vermont: SF, DR, BA, BQ, LG, AM, FC, SL, JS, PF, WH, OF (telework), HR (training), WF (transit masks, child care), TV/TR (quarterly quarantine), VS (facility visitation), SX/PR/OC (VDH mitigation requirements), EC (AHS requirements), DM, CB
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

For the health and safety of all Vermonters, all business, non-profit and government entity operations, including close contact businesses, gyms and fitness facilities, bars, restaurants and other food services and recreational resources such as lodging, campgrounds, marinas, playgrounds and team sports, shall only operate in accordance with the occupancy limits and physical distancing, health and sanitation and training requirements set forth in ACCD Work Safe Guidance... Businesses and not-for-profit entities in the state that do not meet ACCD occupancy limits and physical distancing, health and sanitation and training requirements shall suspend in-person business operations... Telework. All businesses and non-profit and government entities shall encourage and facilitate telework among those employees with the capacity to work remotely when practical without impeding productivity.…

Enforcement: § 9(b): non-compliant businesses 'shall suspend in-person business operations'; § 9(f): 'The Vermont Occupational Safety and Health Administration, Health inspectors, AAFM inspectors, and Department of Liquor and Lottery enforcement officers shall... ensure businesses... have the information necessary to comply'; § 14 VDH Commissioner's advice on 'return to more limited standards of operation and…

Citation: Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025) Open the exhibit

Ex. VT-097
Governor's release, Governor Phil Scott Announces Next Restart Steps for Hospitality Sector

Occupancy raised to 50 percent or one person per 100 square feet; indoor events up to 75 and outdoor organized events up to 150, from June 26, 2020

Office of Governor Phil Scott (official release); ACCD Work Safe Guidance, Vermont (State)

Dates
In force from June 26, 2020 to Nov. 14, 2020 (issued June 19, 2020)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Capacity limitGathering capEvents and venues
Functions reached
EVT/MK events; PE performances and venues; DR dining 50 percent; WS worship at occupancy limits; BQ banquets; CB
Grade
Primary source read
Days in this quarter
5 (in force on the last day)

Beginning June 26, these venues can expand capacity for events and dining to 50% of approved occupancy size or one person per 100 square feet of customer facing space. This change will allow for indoor events of up to 75 people and outdoor organized events of up to 150.

Enforcement: ACCD Work Safe Guidance under VT-025 § 9(b)

Citation: Office of Governor Phil Scott (official release); ACCD Work Safe Guidance, Governor's release, Governor Phil Scott Announces Next Restart Steps for Hospitality Sector (June 19, 2020) (Ex. VT-097) Open the exhibit

Ex. VT-013
Addendum 8 to Executive Order 01-20

Non-Congregate Sheltering in Vermont; Extension of Certain Deadlines Relating to Closures of DMV and Bars and Restaurants

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 1, 2020 to Apr. 15, 2020 (issued Apr. 3, 2020)
Quarters
2020 Q2
Limitations
Business closureCourts and public officesQuarantine and isolationOther
Functions reached
DR/BA closure extended; DM DMV closure extended; LG hotels used as quarantine housing; WF
Grade
Primary source read
Days in this quarter
34 (in force on the first day)

this Section 2 shall clarify that both Addendum 2 and Directive 3 are subject to Addendum 6 to the Executive Order (Stay Home, Stay Safe), and both the Addendum and the Directive are hereby extended and shall continue in full force and effect until April 15, 2020... implement a temporary quarantine and isolation program utilizing non-congregate solutions including hotels, motels, dormitories, or other forms of non-congregate shelter.

Enforcement: 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 8 to Executive Order 01-20 (Apr. 3, 2020) (Ex. VT-013) Open the exhibit

Ex. VT-001
Executive Order No. 01-20

Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 13, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Emergency declarationTelework mandateGathering capHealth care ordersCourts and public offices
Functions reached
GATH/EVT events over 250; VS visitation at long-term care and hospitals; TR State-employee travel; DM DMV renewals (¶ 11 plan); WF
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

I hereby prohibit all large non-essential mass gatherings of more than 250 people in a single room or single space at the same time for social and recreational activities... All State licensed nursing homes..., the Vermont Psychiatric Care Hospital (VPCH) and Middlesex Therapeutic Community Residence shall prohibit visitor access to reduce facility-based transmission... all non-essential out-of-state travel by State employees for State business is hereby suspended... All local boards of health shall consult with and abide by the recommendations of the Commissioner of Health prior to taking any action regarding isolation or quarantine of an individual(s).

Enforcement: 20 V.S.A. § 9(a)(1) (Governor may 'enforce all laws and rules relating to emergency management'); 20 V.S.A. § 40 as then in force: violation of any provision of the chapter or any rule adopted under it fined not more than $1,000 per violation, each day a separate violation (VT-103)

Citation: Governor Philip B. Scott, Executive Order No. 01-20 (Mar. 13, 2020) (Ex. VT-001) Open the exhibit

Ex. VT-048
Supreme Court Administrative Directive No. 36

Temporary Postponement of Jury Trials

Vermont Supreme Court (memo to the bar by State Court Administrator Patricia Gabel), Vermont (Court)

Dates
In force from Mar. 13, 2020 to Mar. 16, 2020
Quarters
2020 Q2
Limitations
Gathering capCourts and public offices
Functions reached
CT courts (jury trials); PJ litigation projects of law firms; CB clients
Grade
Confirmed from a secondary source
Days in this quarter
4 (in force on the first day)

the Court orders the superior courts to postpone until at least April 15, 2020 any jury case for which the jury has not yet been drawn with some exceptions.

Enforcement: Order of the Supreme Court binding on the superior courts

Citation: Vermont Supreme Court (memo to the bar by State Court Administrator Patricia Gabel), Supreme Court Administrative Directive No. 36 (Mar. 13, 2020) (Ex. VT-048) Open the exhibit

Ex. VT-049
Administrative Order No. 49

Declaration of Judicial Emergency and Changes to Court Procedures

Vermont Supreme Court (memo to the bar by the State Court Administrator), Vermont (Court)

Dates
In force from Mar. 16, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Telework mandateGathering capCourts and public officesWorkplace rules
Functions reached
CT courts, hearings, jury trials, clerks' windows; PJ law-firm litigation and closings; CL foreclosure and eviction dockets; SV collections; CB
Grade
Confirmed from a secondary source
Days in this quarter
107 (in force on the last day)

the Supreme Court declares a judicial emergency, effective immediately and extending until April 15, 2020. To minimize risks to public health, the Court has suspended all nonemergency superior court hearings, suspended judicial bureau hearings, allowed appearance by telephone or video for nonevidentiary hearings, and allowed filing by email. The Court has also limited access to Vermont Judiciary buildings until March 30, 2020.

Enforcement: Administrative order of the Supreme Court; Court Administrator directives on building entry (PG-11, PG-13); denial of entry

Citation: Vermont Supreme Court (memo to the bar by the State Court Administrator), Administrative Order No. 49 (Mar. 16, 2020) (Ex. VT-049) Open the exhibit

Ex. VT-002
Gubernatorial Directive 1 to All School Boards and Superintendents

Continuity of Education Planning (school dismissal)

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 18, 2020 to Apr. 6, 2020 (issued Mar. 15, 2020)
Quarters
2020 Q2
Limitations
Gathering capSchools and child care
Functions reached
WF workforce (parents of school-age children); IN in-person instruction; AC school-related activities; CB (education and child-care customers)
Grade
Primary source read
Days in this quarter
20

All public schools and independent schools shall be dismissed, and all school related activities shall be cancelled, no later than Wednesday, March 18, 2020... All schools shall remain operational for administrators, teachers and staff to sustain essential services and to plan and implement continuity of education through remote learning.

Enforcement: ¶ 8: 'All local school officials and governing bodies shall consult with and abide by the direction of the Secretary of Education'; 20 V.S.A. § 40 penalty (VT-103)

Citation: Governor Philip B. Scott, Gubernatorial Directive 1 to All School Boards and Superintendents (Mar. 15, 2020) (Ex. VT-002) Open the exhibit

Ex. VT-005
Gubernatorial Directive 2 to All School Boards, Superintendents, and Child Care Programs

Provision of Services to Children of Essential Persons During Closure Period (child care closure)

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 18, 2020 to Apr. 6, 2020 (issued Mar. 17, 2020)
Quarters
2020 Q2
Limitations
Business closureSchools and child care
Functions reached
EC child care (emergency-only); WF workforce with children; CB families
Grade
Primary source read
Days in this quarter
20

Except as set forth below, all state regulated child care programs shall be closed no later than Wednesday, March 18, 2020 through April 6, 2020 ('Closure Period')... During the Closure Period, state-licensed child care programs are asked to provide care to, at a minimum, their own enrollees who are children of Essential Persons.

Enforcement: Delegated to the Secretary of Human Services (¶ 7) and the Secretary of Education (¶ 6); 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Gubernatorial Directive 2 to All School Boards, Superintendents, and Child Care Programs (Mar. 17, 2020) (Ex. VT-005) Open the exhibit

Ex. VT-007
Addendum 3 to Executive Order 01-20

Suspension of all Non-Essential Adult Elective Surgery and Medical and Surgical Procedures (including all dental procedures)

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 20, 2020 to Apr. 15, 2020
Quarters
2020 Q2
Limitations
Business closureHealth care orders
Functions reached
SX surgery and elective procedures; PR elective and aerosol-generating dental procedures; OC outpatient clinics and diagnostics; CH chairside hygiene; LB dental laboratories; SC PPE conservation; CB patients
Grade
Primary source read
Days in this quarter
27

hereby order all clinicians in Vermont to expedite postponement of all non-essential adult elective surgery and medical and surgical procedures, including all dental procedures in the safest but most expedient way possible.

Enforcement: 20 V.S.A. § 40 (VT-103); professional licensure (Office of Professional Regulation) and VDH oversight

Citation: Governor Philip B. Scott, Addendum 3 to Executive Order 01-20 (Mar. 20, 2020) (Ex. VT-007) Open the exhibit

Ex. VT-012
Addendum 7 to Executive Order 01-20

Quarantine Restrictions on Travelers Arriving in Vermont; suspension of lodging operations

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 30, 2020 to Apr. 15, 2020
Quarters
2020 Q2
Limitations
Business closureTravel and quarantineQuarantine and isolation
Functions reached
LG lodging and occupancy; TV travel demand; GS group sales; MC meetings and conventions; CS client site visits (out-of-state technicians quarantined); TR business travel; WF; CB
Grade
Primary source read
Days in this quarter
17

any person, resident or non-resident, travelling into Vermont for anything other than an essential purpose, must immediately self-quarantine for 14 days or the balance of 14 days dating from the day of arrival... 'lodging' shall include, but not be limited to, hotels, motels, bed and breakfasts, inns, short term rentals, such as those made available through VRBO, Homeaway, AirBnb and other services, parks for recreational vehicles and campgrounds... On-line reservations shall be suspended and lodging providers shall post a prominent notice on their web platforms which advises potential guests that reservations for lodging in Vermont, as allowed above, shall be accepted by phone only.

Enforcement: ¶ 8: 'The Vermont State Police and all county and municipal law enforcement agencies shall monitor the compliance with this Executive Order by lodging providers and notify the Office of the Attorney General regarding potential non-compliance'; ¶ 9: 'The Attorney General shall take such steps as he deems necessary and reasonable to ensure the compliance of lodging providers'; 20 V.S.A. § 40…

Citation: Governor Philip B. Scott, Addendum 7 to Executive Order 01-20 (Mar. 30, 2020) (Ex. VT-012) Open the exhibit

Ex. VT-014
Addendum 9 to Executive Order 01-20

Extension of State of Emergency Declared March 13, 2020; Other COVID-19 Related Directives and Clarifications

Governor Philip B. Scott, Vermont (State)

Dates
In force from Apr. 10, 2020 to May 15, 2020
Quarters
2020 Q2
Limitations
Emergency declarationBusiness closureTravel and quarantineHealth care ordersCourts and public offices
Functions reached
SH showings and in-person real estate; CL closings; LG lodging reservations; DM vehicle inspections extended 60 days; SX elective procedures (immunity rule § 6); WF
Grade
Primary source read
Days in this quarter
36

the State of Emergency for the State of Vermont shall be extended through midnight on Friday, May 15, 2020... The Executive Order and all Directives and Addenda issued thereunder shall continue in full force and effect until midnight on May 15, 2020... On-line real estate sites shall post a prominent notice on their web platforms which advises potential sellers and purchasers that all in-person real estate transactions are temporarily suspended. Real estate functions that can be conducted online, by phone or email may continue... lodging operators [may] immediately accept reservations for stays and events occurring on or after June 15, 2020.

Enforcement: 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 9 to Executive Order 01-20 (Apr. 10, 2020) (Ex. VT-014) Open the exhibit

Ex. VT-015
Addendum 10 to Executive Order 01-20

Work Smart & Stay Safe - Restart VT: Phase I

Governor Philip B. Scott, Vermont (State)

Dates
In force from Apr. 20, 2020 to May 15, 2020 (issued Apr. 17, 2020)
Quarters
2020 Q2
Limitations
Business closureTelework mandateFace-covering requirementWorkplace rules
Functions reached
JS job sites (crews of two); SF retail (curbside only); AP appraisals; SH showings (two persons); PM property management; PS pet care; CT municipal clerks; OF telework continued; EMP masks, distancing, vehicle occupancy; WF
Grade
Primary source read
Days in this quarter
26

all businesses and non-profit and governmental entities... which are operating or will be operating during the declared State of Emergency, shall implement the following physical distancing, health and sanitation measures... Employees must wear non-medical cloth face coverings... over their nose and mouth when in the presence of others... No more than 2 people shall occupy one vehicle when conducting work... 'micro-crews,' or no more than two (2) persons per location/job, to perform outdoor work and construction work in unoccupied structures... All orders must occur over the phone or online and no in-store transactions are allowed at this time... Services operating with a single worker (such as appraisers, realtors, municipal clerks, attorneys, property managers, pet care operators and others), may resume operations so long as no more than 2 persons (service provider and client) are…

Enforcement: 20 V.S.A. § 40 (VT-103); VOSHA, VDH and AAFM inspectors (VT-016 ¶ 6, VT-017 ¶ 7)

Citation: Governor Philip B. Scott, Addendum 10 to Executive Order 01-20 (Apr. 17, 2020) (Ex. VT-015) Open the exhibit

Ex. VT-016
Addendum 11 to Executive Order 01-20

Work Smart & Stay Safe - Restart VT: Phase II

Governor Philip B. Scott, Vermont (State)

Dates
In force from Apr. 27, 2020 to May 15, 2020 (issued Apr. 24, 2020)
Quarters
2020 Q2
Limitations
Business closureTelework mandateFace-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
JS crews of five; PF manufacturing at five employees; WH/DS distribution at five; SF outdoor retail of ten; HR mandatory training and screening; WF quarantine of exposed workers; EMP; OF telework
Grade
Primary source read
Days in this quarter
19

Employees must wear face coverings over their nose and mouth when in the presence of others... prior to the commencement of each work shift, pre-screening, including temperature checks and survey shall be required... No workers who have knowledge of contact with a worker who is diagnosed with COVID-19 shall be permitted on site and shall quarantine for 14 days... All operations shall designate a health officer on-site at every shift responsible for ensuring compliance... All employees... must complete, and employers must document, a mandatory training on health and safety requirements as provided by VOSHA... 'Micro-crews,' or no more than five (5) persons per location/job... Manufacturing and distribution operations may resume with a maximum of 5 (five) employees in any location... outdoor retail operations... shall not permit any more than a maximum of 10 total people including…

Enforcement: ¶ 1(k) on-site health officer 'shall have the authority to stop or modify activities'; ¶ 6 VOSHA, VDH and AAFM inspectors; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 11 to Executive Order 01-20 (Apr. 24, 2020) (Ex. VT-016) Open the exhibit

Ex. VT-017
Addendum 12 to Executive Order 01-20

Work Smart & Stay Safe - Restart VT: Phase III

Governor Philip B. Scott, Vermont (State)

Dates
In force from May 4, 2020 to May 15, 2020 (issued May 1, 2020)
Quarters
2020 Q2
Limitations
Business closureTelework mandateFace-covering requirementWorkplace rules
Functions reached
PF production floor (ten, then full with plan); JS job sites; WH/DS distribution; HR enhanced training plans; WF transit commuters masked; EMP screening and thermometers; OF telework
Grade
Primary source read
Days in this quarter
12

All businesses and non-profit and government entities who have suspended operations for 7 or more days under Addendum 6 to the Executive Order (Stay Home/Stay Safe) shall have on file a health and safety training plan prior to reopening... The traveling and commuting public shall wear face coverings over their nose and mouth any time they are using public transportation conveyances, including busses, trains and ride services and when in a mass transportation station or terminal, including airports... Small crews of no more than ten (10) persons per location/job... Manufacturing and distribution operations may resume with a maximum of 10 (ten) employees... effective May 11, 2020, manufacturing, construction, and distribution operations may restart with as few employees as necessary to permit full operations while continuing to maintain health and safety.

Enforcement: ¶ 1(k) health officer; ¶ 7 VOSHA, VDH and AAFM inspectors; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 12 to Executive Order 01-20 (May 1, 2020) (Ex. VT-017) Open the exhibit

Ex. VT-051
Tenth Amendment to Administrative Order No. 49 (promulgated May 13, 2020)

Judicial emergency extended to September 1, 2020; nonemergency hearings resume June 1; jury trials suspended (criminal to Sept. 1, 2020; civil to Jan. 1, 2021)

Vermont Supreme Court (memo to the bar), Vermont (Court)

Dates
In force from June 1, 2020 to Dec. 31, 2020 (issued May 13, 2020)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Gathering capCourts and public offices
Functions reached
CT jury trials; PJ litigation (civil jury trials suspended eight months); CB
Grade
Confirmed from a secondary source
Days in this quarter
30 (in force on the last day)

The order amends § 2 to extend the judicial emergency until September 1, 2020. The order amends § 3, effective June 1, 2020, to lift the suspension of nonemergency hearings in the superior court and provide instead that jury trials are suspended in criminal cases until September 1, 2020, and in civil cases until January 1, 2021.

Enforcement: Order of the Supreme Court

Citation: Vermont Supreme Court (memo to the bar), Tenth Amendment to Administrative Order No. 49 (promulgated May 13, 2020) (Ex. VT-051) Open the exhibit

Ex. VT-024
Addendum 17 to Executive Order 01-20

Modified Quarantine Restrictions on Travelers Arriving in Vermont; Municipal Regulation of Bars and Restaurants

Governor Philip B. Scott, Vermont (State)

Dates
In force from June 8, 2020 to June 15, 2020 (issued June 5, 2020)
Quarters
2020 Q2
Limitations
Capacity limitTravel and quarantineAlcohol and barsQuarantine and isolation
Functions reached
TV travel (county map); LG lodging (50 percent or 25 guests from June 8); DR indoor dining 25 percent from June 8; BA; BQ catering; CB
Grade
Primary source read
Days in this quarter
8

Effective Monday, June 8. 2020, Addendum 7 to the Executive Order is hereby further amended to allow travel without quarantine restrictions to and from the counties of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut and New York with 400 or fewer active cases of COVID-19 per million... The legislative body of each municipality may enact local requirements which are more strict than the guidance issued by ACCD regarding the operation of bars, catering facilities and restaurants, to address an outbreak of COVID-19 in the municipality.

Enforcement: DLL rules; ACCD guidance; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 17 to Executive Order 01-20 (June 5, 2020) (Ex. VT-024) Open the exhibit

Ex. VT-088
Governor's release, Governor Phil Scott Announces Limited Indoor Dining Restart and Opens Some Interstate Travel

Indoor dining at 25 percent of legal capacity from June 8, 2020; lodging 50 percent or 25 guests; quarantine-free travel map

Office of Governor Phil Scott (official release); ACCD requirements under Addendum 17, Vermont (State)

Dates
In force from June 8, 2020 to June 26, 2020 (issued June 5, 2020)
Quarters
2020 Q2
Limitations
Capacity limitTravel and quarantineAlcohol and bars
Functions reached
DR dining room 25 percent; BA no bar seating; LG lodging 50 percent; TV travel; CB
Grade
Primary source read
Days in this quarter
19

The Agency of Commerce and Community Development (ACCD) has issued health and safety requirements and procedures to allow limited indoor dining at restaurants and bars beginning on June 8. Occupancy is limited to 25% of legal capacity with distance requirements between tables. Other measures include reservation or call-ahead seating, disposable menus, no bar seating and more... Lodging occupancy limits will be increased to 50% or 25 total guests and staff, whichever is greater... Dining operations at lodging properties must remain at 25% capacity.

Enforcement: ACCD requirements under VT-020/VT-021/VT-024; DLL

Citation: Office of Governor Phil Scott (official release); ACCD requirements under Addendum 17, Governor's release, Governor Phil Scott Announces Limited Indoor Dining Restart and Opens Some Interstate Travel (June 5, 2020) (Ex. VT-088) Open the exhibit

Ex. VT-095
Governor's release, Governor Phil Scott Announces Easing of Restrictions for Older and Vulnerable Vermonters

Long-term care outdoor visitation of two visitors per resident per day from June 19, 2020; hospital visitation baseline; Vermonters over 65 no longer required to stay home

Office of Governor Phil Scott (official release); VDH and DAIL guidance under Amended and Restated EO 01-20 § 2, Vermont (State)

Dates
In force from June 19, 2020 to June 15, 2021 (issued June 17, 2020)
Quarters
2020 Q22020 Q3
Limitations
Stay-at-homeHealth care orders
Functions reached
VS visitation; RS residential care admissions and access; IN intake (non-essential workers barred); CB older customers released from shelter-in-place
Grade
Primary source read
Days in this quarter
12 (in force on the last day)

Starting June 19, Long-Term Care Residential facilities can allow for up to two (2) visitors per resident, per day. The visits must be conducted outside only and adhere to guidance issued by DAIL around social distancing temperature checks, and record keeping of all visitors... This policy still restricts non-essential workers from entering the facilities... Vermonters over the age of 65 are no longer required to stay home.

Enforcement: DAIL licensing; VT-025 § 2(a) ('shall comply with visitor access guidance promulgated by the State')

Citation: Office of Governor Phil Scott (official release); VDH and DAIL guidance under Amended and Restated EO 01-20 § 2, Governor's release, Governor Phil Scott Announces Easing of Restrictions for Older and Vulnerable Vermonters (June 17, 2020) (Ex. VT-095) Open the exhibit

Ex. VT-066
Insurance Bulletin No. 210 (revised May 13, 2020)

COVID-19 Prescription Drug Refills (30-day supply directed)

Department of Financial Regulation, Vermont (Sector regulator)

Dates
In force from Mar. 15, 2020 to Sept. 30, 2020 (issued May 13, 2020)
Quarters
2020 Q22020 Q3
Limitations
Health care ordersOther
Functions reached
IN; CB (pharmacy customers)
Grade
Primary source read
Days in this quarter
108 (in force on the last day)

In order to minimize the need for Vermonters to physically visit pharmacies, the Department is directing insurers to make at least a 30-day supply of medication available to members refilling their prescriptions.

Enforcement: DFR

Citation: Department of Financial Regulation, Insurance Bulletin No. 210 (revised May 13, 2020) (Ex. VT-066) Open the exhibit

Ex. VT-064
Emergency Rule H-2020-02-E

Coverage of Health Care Services Delivered Through Telehealth, Telephone, or Store and Forward Means

Department of Financial Regulation, Commissioner Michael S. Pieciak, Vermont (Sector regulator)

Dates
In force from Mar. 16, 2020 to Oct. 23, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Health care ordersOther
Functions reached
TM telehealth; IN insurance operations; CL clinical intake (remote); CB payers
Grade
Primary source read
Days in this quarter
107 (in force on the last day)

Where clinically appropriate, all health insurance plans and workers' compensation insurance carriers shall provide coverage for all health care services delivered remotely through telehealth or audio-only telephone by a health care provider at a distant site to a patient at an originating site to the same extent that the plan would cover the services if they were provided through in-person consultation... Health insurance plans and workers' compensation insurance carriers may require providers to use telemedicine when clinically appropriate, available, and feasible.

Enforcement: DFR insurance regulation and market conduct (8 V.S.A. § 11; 18 V.S.A. § 9401)

Citation: Department of Financial Regulation, Commissioner Michael S. Pieciak, Emergency Rule H-2020-02-E (Mar. 16, 2020) (Ex. VT-064) Open the exhibit

Ex. VT-065
Insurance Bulletin No. 211

COVID-19 Suspension of Routine Provider Audits by Insurers

Department of Financial Regulation, Commissioner Pieciak, Vermont (Sector regulator)

Dates
In force from Mar. 18, 2020 to May 13, 2020
Quarters
2020 Q22020 Q3
Limitations
Health care ordersOther
Functions reached
IN insurer operations (audit functions suspended); OF billing and compliance staff of providers
Grade
Primary source read
Days in this quarter
57

effective immediately, the Department is directing insurers to suspend all routine provider audits. Insurers remain able to conduct audits to prevent and detect ongoing fraud or other current activities that may violate Vermont statutes or regulations.

Enforcement: DFR market conduct

Citation: Department of Financial Regulation, Commissioner Pieciak, Insurance Bulletin No. 211 (Mar. 18, 2020) (Ex. VT-065) Open the exhibit

Ex. VT-006
Gubernatorial Directive 3 to the Department of Motor Vehicles (Mar. 18, 2020)

Suspension of In-Person Transactions; 90-day extension of license and registration renewals

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 19, 2020 to June 30, 2021 (issued Mar. 18, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public offices
Functions reached
DM titles, registrations and licensing (dealers, lenders, carriers); HR CDL testing; CL consumer and auto lending; CB
Grade
Primary source read
Days in this quarter
104 (in force on the last day)

DMV services shall be provided online, by mail or phone, and all in-person transactions shall be suspended for the period of the State of Emergency... Effective March 13, 2020, license and registration renewals shall be extended for 90 days beyond their effective expiration date... Driver permits or license examinations postponed shall be scheduled within a reasonable period of time following the termination of the state of emergency.

Enforcement: Directive to a State department; implemented by the Commissioner (¶ 5)

Citation: Governor Philip B. Scott, Gubernatorial Directive 3 to the Department of Motor Vehicles (Mar. 18, 2020) (Ex. VT-006) Open the exhibit

Ex. VT-009
Addendum 5 to Executive Order 01-20

Order to Work From Home for all Businesses and Non-Profits

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 23, 2020 to Apr. 15, 2020
Quarters
2020 Q2
Limitations
Telework mandateWorkplace rules
Functions reached
OF/OP office premises and administration; HR; CS client meetings; BD business development; WF
Grade
Primary source read
Days in this quarter
24

hereby order, effective on Monday, March 23, 2020 at 8:00 p.m., all businesses and not-for-profit entities in the state to put into place, to the maximum extent possible, telecommuting or work from home procedures.

Enforcement: 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 5 to Executive Order 01-20 (Mar. 23, 2020) (Ex. VT-009) Open the exhibit

Ex. VT-011
Gubernatorial Directive 5 to All School Boards and Superintendents and Child Care Providers

Continuity of Learning Planning; schools dismissed for in-person instruction for the remainder of the 2019-2020 school year

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 26, 2020 to June 15, 2020
Quarters
2020 Q2
Limitations
Schools and child care
Functions reached
IN in-person instruction; RL remote learning; EC child care limited to Essential Persons; WF workforce with children; CB
Grade
Primary source read
Days in this quarter
82

Schools for preK-12 students shall remain dismissed for in-person instruction for the remainder of the 2019-2020 school year, unless otherwise ordered by the Governor... Schools are required to have continuity of learning plans for remote learning implemented on or before Monday, April 13, 2020... child care being provided to Essential Persons during the State of Emergency shall only be utilized by Essential Persons (a) when there is no parent, guardian or other arranged care in the home to care for the child; or (b) in the event of exigent circumstances.

Enforcement: Direction to governing bodies under 20 V.S.A. §§ 8, 9, 11; § 40 (VT-103)

Citation: Governor Philip B. Scott, Gubernatorial Directive 5 to All School Boards and Superintendents and Child Care Providers (Mar. 26, 2020) (Ex. VT-011) Open the exhibit

Ex. VT-045
2020 Acts and Resolves No. 91

An act relating to Vermont's response to COVID-19

Vermont General Assembly (H.742), signed by Governor Scott, Vermont (State)

Dates
In force from Mar. 30, 2020 to Mar. 31, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Health care ordersOther
Functions reached
TM telehealth (DFR rules adopted under it, VT-064); HR licensure flexibility; WF unemployment (§ 30)
Grade
Primary source read
Days in this quarter
93 (in force on the last day)

During a declared state of emergency in Vermont as a result of COVID-19, the Agency of Human Services shall consider waiving or modifying existing rules, or adopting emergency rules, to protect access to health care services, long-term services and supports, and other human services under the Agency's jurisdiction.

Enforcement: Statute

Citation: Vermont General Assembly (H.742), signed by Governor Scott, 2020 Acts and Resolves No. 91 (Mar. 30, 2020) (Ex. VT-045) Open the exhibit

Ex. VT-050
Eighth Amendment to Administrative Order No. 49 (promulgated April 21, 2020)

Masks required in Judiciary buildings; remote hearings expanded; parent-child contact emergencies

Vermont Supreme Court (memo to the bar), Vermont (Court)

Dates
In force from Apr. 21, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Telework mandateFace-covering requirementCourts and public offices
Functions reached
CT courts; PJ litigation; WF attorneys and staff
Grade
Confirmed from a secondary source
Days in this quarter
71 (in force on the last day)

the order amends § 7, which relates to access to court buildings, to require all individuals who enter Judiciary buildings to wear cloth masks. Masks must be worn in public areas, including the courtroom, in nonpublic areas shared in common with others, and in nonpublic workspaces when other people are nearby.

Enforcement: Building-access condition; denial of entry

Citation: Vermont Supreme Court (memo to the bar), Eighth Amendment to Administrative Order No. 49 (promulgated April 21, 2020) (Apr. 21, 2020) (Ex. VT-050) Open the exhibit

Ex. VT-018
Amendment to Addendum 3 to Executive Order 01-20

Phased resumption of clinic visits, diagnostic imaging and outpatient procedures under Health Department mitigation requirements (Restart Phase IV)

Governor Philip B. Scott, Vermont (State)

Dates
In force from May 4, 2020 to May 15, 2020
Quarters
2020 Q2
Limitations
Health care orders
Functions reached
OC outpatient clinics and diagnostics; SX surgery (phased); PR dental procedures (VDH guidance May 22 and May 29, 2020); CB patients
Grade
Primary source read
Days in this quarter
12

hereby authorize the Commissioner of the Vermont Department of Public Health to issue mitigation requirements and procedures for the resumption of clinic visits, diagnostic imaging and such outpatient surgeries and procedures that have a minimal impact on inpatient hospital bed capacity and PPE levels... If the Commissioner... has determined that a COVID-19 outbreak has occurred... it will notify and require all providers in the region to return to the standards set out in Addendum 3.

Enforcement: VDH mitigation requirements binding on providers; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Amendment to Addendum 3 to Executive Order 01-20 (May 4, 2020) (Ex. VT-018) Open the exhibit

Ex. VT-046
2020 Acts and Resolves No. 101

An act relating to establishing a moratorium on ejectment and foreclosure actions during the COVID-19 emergency

Vermont General Assembly (S.333), signed by Governor Scott May 14, 2020, Vermont (State)

Dates
In force from May 14, 2020 to June 15, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Courts and public officesOther
Functions reached
PM property management (evictions); SV servicing, collections and foreclosure; ML mortgage lending; CL closings (foreclosure sales); CT courts; CB
Grade
Primary source read
Days in this quarter
48 (in force on the last day)

'Emergency period' means the period beginning with the Governor's declaration of a state of emergency on March 13, 2020, arising from COVID-19, and ending 30 days after the Governor terminates the state of emergency by declaration... all pending actions for ejectment under 12 V.S.A. chapter 169, actions for foreclosure under 12 V.S.A. chapter 172, and any outstanding orders in those actions that could lead to execution of a writ of possession against a tenant or resident are stayed until the end of the emergency period... The court shall stay the action as of the date of filing until the end of the emergency period... The plaintiff shall not attempt to serve and a sheriff or constable shall not serve any civil process... During the emergency period, a court shall not issue a writ of possession.

Enforcement: Statutory stay administered by the Superior Court; A.O. 49 § 21-22 certifications (VT-052 chain)

Citation: Vermont General Assembly (S.333), signed by Governor Scott May 14, 2020, 2020 Acts and Resolves No. 101 (May 14, 2020) (Ex. VT-046) Open the exhibit

Ex. VT-101
ACCD Cross State Travel Information page (quarantine and travel-map guidance), as captured August 1, 2020

County-by-county quarantine-free travel (under 400 active cases per million; personal vehicle); 14-day or 7-day-plus-test quarantine for all others; lodging Certificate of Compliance; authorized-work exemption

Agency of Commerce and Community Development (Secretary Lindsay Kurrle) under Amended and Restated EO 01-20 §§ 7(i), 11(a), Vermont (State)

Dates
In force from June 8, 2020 to Nov. 10, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Travel and quarantineWorkplace rulesQuarantine and isolation
Functions reached
TV travel; LG lodging compliance duties; TR business travel by air; CS client site visits; WF; CB
Grade
Primary source read
Days in this quarter
23 (in force on the last day)

Residents of other states who live in a quarantine county or are from any other state outside of the Northeast... must follow quarantine guidelines: Travelers arriving to Vermont in a personal vehicle, may complete either a 14-day quarantine or a 7-day quarantine followed by a negative test in their home state... Travelers arriving to Vermont via public transportation (plane, train, bus) or from further than a direct car ride would allow may complete either a 14-day quarantine or a 7-day quarantine followed by a negative test in a Vermont lodging establishment or with friends and family... All out of state travelers utilizing lodging, camping and short-term rental properties in Vermont must sign and complete a Certificate of Compliance or affirm a compliance statement via a digital check box at the time of reservation and check-in.

Enforcement: Lodging Certificate of Compliance; State Police and DLL compliance assessments (VT-080); 20 V.S.A. § 40 (VT-103)

Citation: Agency of Commerce and Community Development (Secretary Lindsay Kurrle) under Amended and Restated EO 01-20 §§ 7(i), 11(a), ACCD Cross State Travel Information page (quarantine and travel-map guidance), as captured August 1, 2020 (June 8, 2020) (Ex. VT-101) Open the exhibit

Ex. VT-103
20 V.S.A. § 40 (Enforcement), as in force in 2020-2021 (repealed by 2023, No. 143 (Adj. Sess.), § 35, eff. July 1, 2024)

Penalty for violating the emergency management chapter or any rule adopted under it

Vermont General Assembly (statute as in force 2020-2021), Vermont (State)

Dates
In force from Mar. 1, 2021 to July 1, 2024
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Other
Grade
Primary source read
Days in this quarter
0

[A person who] violates any provision of this chapter or any rule adopted under this chapter shall be fined not more than $1,000.00 for each violation. Each day a violation continues shall be deemed to be a separate violation.

Enforcement: Criminal fine

Citation: Vermont General Assembly (statute as in force 2020-2021), 20 V.S.A. § 40 (Enforcement), as in force in 2020-2021 (repealed by 2023, No. 143 (Adj. Sess.), § 35, eff. July 1, 2024) (Mar. 1, 2021) (Ex. VT-103) Open the exhibit

Agencies, boards and authorities: Vermont

Ex. AGY-ST-DMV-SOS-RECORDERS-050
Act 95 of 2020 (S.114)

An act relating to the emergency judicial response to the COVID-19 public health emergency

Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Vermont (General Assembly; Secretary of State's Emergency Administrative Rules for Remote Notarial Acts) (State)

Dates
In force from Apr. 28, 2020 to June 15, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Courts and public officesOther
Functions reached
CL deeds and powers of attorney recorded in town land records; CT court filings without notarization; OF law offices; CB
Grade
Primary source read
Days in this quarter
64 (in force on the last day)

(f)(1) During the period that the Emergency Administrative Rules for Remote Notarial Acts issued by the Vermont Secretary of State (the Emergency Rules) are in effect, the witness to a power of attorney signed in conformity with the Emergency Rules and pursuant to this section shall be considered to be in the presence of the principal whether or not the witness is physically present with the principal or the notary. A power of attorney executed pursuant to this subsection may be recorded in the land records.... Sec. 7. (a) As used in this section, 'emergency period' means the period beginning with the Governor's declaration of a state of emergency on March 13, 2020 arising from COVID-19 and ending 30 days after the Governor terminates the state of emergency by declaration. (b) During the emergency period, notwithstanding 4 V.S.A. sec. 27b: (1) A party may file any document that would…

Enforcement: Statute; deeds and powers of attorney 'presumed to be valid if the notarial certificate... contains an affirmative statement of compliance with the Emergency Rules'

Citation: Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Act 95 of 2020 (S.114) (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050) Open the exhibit

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

Federal layer

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332
General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-333
General Order 72-6

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563 and F880 survey enforcement

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

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

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

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

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

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

Enforcement: same as FED-027

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

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

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-202
Proclamation 9993

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-203
Proclamation 9996

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

President Donald J. Trump, United States (Federal)

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

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

Enforcement: Sec. 3 implementation by State and DHS

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

Ex. FED-311
Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

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

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

Enforcement: court order

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

Ex. FED-367
Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

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

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

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

Enforcement: VA program guidance to participants

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

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

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

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

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

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

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

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

Ex. FED-070
Executive Order 13909

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

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

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

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

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

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

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

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

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

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

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

Enforcement: OMB directive to awarding agencies

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

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

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

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

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

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

Enforcement: order of the Court

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

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

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

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

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

Enforcement: USDA program requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: 42 U.S.C. § 271

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

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

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

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

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

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

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

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

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

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

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

State of Vermont

Ex. VT-089
Governor's release, Governor Phil Scott Expands Trusted Travel Policy

Quarantine-free travel map expanded July 1, 2020 to counties in DE, MD, NJ, OH, PA, VA, WV and DC under 400 active cases per million

Office of Governor Phil Scott (official release); ACCD under Amended and Restated EO 01-20 § 11 and Addendum 1 ¶ 3, Vermont (State)

Dates
In force from July 1, 2020 to Nov. 10, 2020 (issued June 26, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitTravel and quarantineQuarantine and isolation
Functions reached
TV travel; LG lodging; CS client visits from outside the map; CB
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Effective July 1, this policy will be expanded to counties below this threshold in Delaware, Maryland, New Jersey, Ohio, Pennsylvania, Virginia and West Virginia, as well as the District of Columbia. Quarantine requirements remain in place for those traveling to and from other regions... Lodging occupancy limits remain at 50% or 25 total guests and staff, whichever is greater.

Enforcement: ACCD guidance; lodging attestations

Citation: Office of Governor Phil Scott (official release); ACCD under Amended and Restated EO 01-20 § 11 and Addendum 1 ¶ 3, Governor's release, Governor Phil Scott Expands Trusted Travel Policy (June 26, 2020) (Ex. VT-089) Open the exhibit

Ex. VT-029
Addendum 3 to Amended and Restated Executive Order 01-20

Extension of State of Emergency (to September 15, 2020); municipal authority over gathering size and alcohol hours; temporary plates

Governor Philip B. Scott, Vermont (State)

Dates
In force from Aug. 14, 2020 to Sept. 15, 2020
Quarters
2020 Q3
Limitations
Emergency declarationGathering capAlcohol and barsCourts and public offices
Functions reached
GATH (local tightening authorized); BA bar hours (local); DM temporary in-transit plates
Grade
Primary source read
Days in this quarter
33

the State of Emergency... shall be extended through midnight on Tuesday, September 15, 2020... the legislative body of each city and town may enact local requirements regarding gathering size limitations that are more restrictive than those established by the State... The Rules of the Department of Liquor and Lottery (DLL) are hereby supplemented to authorize the legislative body of each city and town to prescribe shorter hours than those hours set forth in the Rules of DLL, for the sale by bars and clubs licensed by DLL of malt, vinous, spiritous and spirit-based beverages.

Enforcement: As in VT-025; DLL rules

Citation: Governor Philip B. Scott, Addendum 3 to Amended and Restated Executive Order 01-20 (Aug. 14, 2020) (Ex. VT-029) Open the exhibit

Ex. VT-090
Governor's release, Governor Phil Scott Updates Bar Seating Guidance, Lifts Lodging Capacity Restrictions with Travel and Health Protocols

Bar seating with six-foot spacing and partitions; lodging capacity limits lifted; quarantine and travel map remain

Office of Governor Phil Scott (official release); ACCD guidance, Vermont (State)

Dates
In force from Sept. 18, 2020 to Nov. 14, 2020
Quarters
2020 Q32020 Q4
Limitations
Capacity limitTravel and quarantineAlcohol and bars
Functions reached
BA bar seating; LG lodging; DR (capacity remains); MC gatherings at lodging (capacity remains)
Grade
Primary source read
Days in this quarter
13 (in force on the last day)

Restaurants and bars can now utilize bar seating if patrons are six feet apart, and a partition is in place between patrons and the staff behind the bar. In addition, capacity limits were lifted for lodging establishments, allowing them to book all available rooms. All mandatory safety measures, travel restrictions, quarantine requirements and the cross-state travel map remain in place. Capacity restrictions remain for dining and gatherings at these facilities.

Enforcement: ACCD guidance under VT-025 § 9(b)

Citation: Office of Governor Phil Scott (official release); ACCD guidance, Governor's release, Governor Phil Scott Updates Bar Seating Guidance, Lifts Lodging Capacity Restrictions with Travel and Health Protocols (Sept. 18, 2020) (Ex. VT-090) Open the exhibit

Ex. VT-026
Addendum 1 to Amended and Restated Executive Order 01-20

Extension of State of Emergency (to August 15, 2020); emergency feeding; ACCD authority to expand quarantine-free travel from July 1, 2020

Governor Philip B. Scott, Vermont (State)

Dates
In force from July 15, 2020 to Aug. 15, 2020
Quarters
2020 Q3
Limitations
Emergency declarationTravel and quarantine
Functions reached
all functions under VT-025; TV travel map expansion (VT-089)
Grade
Primary source read
Days in this quarter
32

the State of Emergency for the State of Vermont shall be extended through midnight on Saturday, August 15, 2020... the Amended and Restated Executive Order issued June 5, 2020, and all Directives issued thereunder shall continue in full force and effect until midnight on August 15, 2020... effective July 1, 2020, the Secretary of ACCD... may permit travel without quarantine restrictions to and from counties of states in addition to New York and the New England states.

Enforcement: As in VT-025

Citation: Governor Philip B. Scott, Addendum 1 to Amended and Restated Executive Order 01-20 (July 15, 2020) (Ex. VT-026) Open the exhibit

Ex. VT-028
Gubernatorial Directive No. 6 to All School Boards and Superintendents

Uniform School Reopening (no opening before September 8, 2020)

Governor Philip B. Scott, Vermont (State)

Dates
In force from July 29, 2020 to June 15, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Schools and child care
Functions reached
IN in-person instruction (delayed and hybrid); WF workforce with children on remote days (VT-030); TR school transport; AC athletics (VT-034 exemption); CB
Grade
Primary source read
Days in this quarter
64 (in force on the last day)

all public schools and independent schools shall be opened for in person or remote classroom instruction on, but not prior to, Tuesday, September 8, 2020 in accordance with the health and safety guidance issued by VDH and the Agency of Education... All local school officials and governing bodies shall consult with and abide by the direction of the Secretary of Education with respect to compliance with this Directive.

Enforcement: Secretary of Education oversight; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Gubernatorial Directive No. 6 to All School Boards and Superintendents (July 29, 2020) (Ex. VT-028) Open the exhibit

Ex. VT-027
Addendum 2 to Amended and Restated Executive Order No. 01-20

Strengthening the Use of Facial Coverings (statewide mask mandate)

Governor Philip B. Scott, Vermont (State)

Dates
In force from Aug. 1, 2020 to June 30, 2021 (issued July 24, 2020)
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF, DR, SL, FC, WS, LG customer-facing functions; EMP signage and refusal duties; WF; IN schools (AOE guidance incorporated); EC child care (VDH/AOE/DCF guidance incorporated); HC (VDH provider guidance incorporated)
Grade
Primary source read
Days in this quarter
61 (in force on the last day)

As of Saturday, August 1, 2020, Vermonters shall wear masks or cloth facial coverings over their nose and mouth any time they are in public spaces, indoors or outdoors, where they come in contact with others from outside their households, especially in congregate settings, and where it is not possible to maintain a physical distance of at least six feet... Businesses and non-profit and government entities shall implement measures notifying customers or clients of the requirement to wear masks or facial coverings, which may include, but shall not be limited to, posting signage stating that masks or cloth facial coverings are required and denial of entry or service to customers or clients who decline to wear masks or facial coverings.

Enforcement: Business notification and refusal-of-service duty; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 2 to Amended and Restated Executive Order No. 01-20 (July 24, 2020) (Ex. VT-027) Open the exhibit

Ex. VT-030
Addendum 4 to Amended and Restated Executive Order 01-20

Expansion of Child Care to School-Age Children in Family Child Care Homes (remote-learning days)

Governor Philip B. Scott, Vermont (State)

Dates
In force from Aug. 18, 2020 to June 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Schools and child careOther
Functions reached
EC child care ratios; WF (recital: if 25 percent of K-6 students need care on remote days, over 10,000 openings needed)
Grade
Primary source read
Days in this quarter
44 (in force on the last day)

These part-time school-age children may be cared for in a family child care home on a full-day basis during school closing days, remote-learning days, snow days, and vacation days which occur during the school year... All child care providers shall follow guidance issued by the Agency of Commerce and Community Development and VDH to ensure all children and employees are safe and healthy.

Enforcement: AHS/CDD licensing

Citation: Governor Philip B. Scott, Addendum 4 to Amended and Restated Executive Order 01-20 (Aug. 18, 2020) (Ex. VT-030) Open the exhibit

Ex. VT-052
Fourteenth Amendment to Administrative Order No. 49 (promulgated August 20, 2020)

Judicial emergency extended to January 1, 2021; CARES Act eviction certification (Appendix A)

Vermont Supreme Court (memo to the bar), Vermont (Court)

Dates
In force from Aug. 20, 2020 to Dec. 31, 2020
Quarters
2020 Q32020 Q4
Limitations
Courts and public offices
Functions reached
CT; PM evictions; SV foreclosure certifications (§ 22)
Grade
Confirmed from a secondary source
Days in this quarter
42 (in force on the last day)

Paragraph 2 of A.O. 49 is amended to extend the judicial emergency to January 1, 2021 in recognition of the fact that the continuing and dynamic nature of the pandemic will continue to impact court operations... Appendix A referred to in § 21 of A.O. 49, which concerns compliance with the Federal CARES Act in eviction actions, is amended to clarify that the required notice to vacate must give thirty days of notice.

Enforcement: Order of the Supreme Court; pleading requirement

Citation: Vermont Supreme Court (memo to the bar), Fourteenth Amendment to Administrative Order No. 49 (promulgated August 20, 2020) (Aug. 20, 2020) (Ex. VT-052) Open the exhibit

Ex. VT-031
Addendum 5 to Amended and Restated Executive Order 01-20

Extension of State of Emergency (to October 15, 2020); mask clarification for strenuous activity; State agency return to worksite

Governor Philip B. Scott, Vermont (State)

Dates
In force from Sept. 11, 2020 to Oct. 15, 2020
Quarters
2020 Q32020 Q4
Limitations
Emergency declarationTelework mandateFace-covering requirement
Functions reached
MASK; OF State workforce telework/return; DM DMV continuity plan
Grade
Primary source read
Days in this quarter
20 (in force on the last day)

the State of Emergency... shall be extended through midnight on Thursday, October 15, 2020... Nothing in this Order... shall require the use of a mask or cloth facial covering when someone is engaged in strenuous exercise or activity when physical distance of six (6) feet can be consistently maintained... the Secretary of the Agency of Administration is delegated the authority... to issue guidance to State agencies, departments and employees on return to the worksite, with the exception of DMV which shall be responsible for implementing its Continuity of Operations Plan.

Enforcement: As in VT-025

Citation: Governor Philip B. Scott, Addendum 5 to Amended and Restated Executive Order 01-20 (Sept. 11, 2020) (Ex. VT-031) Open the exhibit

Ex. VT-067
Emergency Rule H-2020-05-E

Relaxation of Credentialing Verification Practices

Department of Financial Regulation, Vermont (Sector regulator)

Dates
In force from Sept. 16, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersOther
Functions reached
HR credentialing; TM telehealth by out-of-state providers; IN insurer credentialing operations
Grade
Primary source read
Days in this quarter
15 (in force on the last day)

Effective as of September 16, 2020 until the last to terminate of a declared state of emergency in Vermont as a result of COVID-19, a declared federal public health emergency as a result of COVID-19, and a declared national emergency as a result of COVID-19, the requirements of Section 5.2 of Rule H-2009-03... are hereby suspended with respect to physicians or other health care professionals who hold a license in another State and provide health care services to or on behalf of patients in Vermont, either in person or remotely, by means of telemedicine or otherwise.

Enforcement: DFR

Citation: Department of Financial Regulation, Emergency Rule H-2020-05-E (Sept. 16, 2020) (Ex. VT-067) Open the exhibit

Ex. VT-077
Insurance Bulletin No. 217

Small Employer Coverage; Residence of Employees

Department of Financial Regulation, Vermont (Sector regulator)

Dates
In force from Sept. 22, 2020 to Dec. 31, 2020
Quarters
2020 Q32020 Q4
Limitations
Other
Functions reached
IN insurer small-group operations; HR benefits administration for remote employees
Grade
Confirmed from a secondary source
Days in this quarter
9 (in force on the last day)

Enforcement: DFR

Citation: Department of Financial Regulation, Insurance Bulletin No. 217 (Sept. 22, 2020) (Ex. VT-077) Open the exhibit

Continuing in force from an earlier quarter of this report (15 instruments):

ExhibitCitationDatesLimitations
Ex. VT-025Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025)In force from June 15, 2020 to June 30, 2021Emergency declarationTelework mandateCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careHealth care ordersAlcohol and barsEvents and venuesCourts and public officesWorkplace rulesQuarantine and isolation
Ex. VT-097Office of Governor Phil Scott (official release); ACCD Work Safe Guidance, Governor's release, Governor Phil Scott Announces Next Restart Steps for Hospitality Sector (June 19, 2020) (Ex. VT-097)In force from June 26, 2020 to Nov. 14, 2020 (issued June 19, 2020)Capacity limitGathering capEvents and venues
Ex. VT-001Governor Philip B. Scott, Executive Order No. 01-20 (Mar. 13, 2020) (Ex. VT-001)In force from Mar. 13, 2020 to June 30, 2021Emergency declarationTelework mandateGathering capHealth care ordersCourts and public offices
Ex. VT-049Vermont Supreme Court (memo to the bar by the State Court Administrator), Administrative Order No. 49 (Mar. 16, 2020) (Ex. VT-049)In force from Mar. 16, 2020 to Sept. 30, 2021Telework mandateGathering capCourts and public officesWorkplace rules
Ex. VT-051Vermont Supreme Court (memo to the bar), Tenth Amendment to Administrative Order No. 49 (promulgated May 13, 2020) (Ex. VT-051)In force from June 1, 2020 to Dec. 31, 2020 (issued May 13, 2020)Gathering capCourts and public offices
Ex. VT-095Office of Governor Phil Scott (official release); VDH and DAIL guidance under Amended and Restated EO 01-20 § 2, Governor's release, Governor Phil Scott Announces Easing of Restrictions for Older and Vulnerable Vermonters (June 17, 2020) (Ex. VT-095)In force from June 19, 2020 to June 15, 2021 (issued June 17, 2020)Stay-at-homeHealth care orders
Ex. VT-066Department of Financial Regulation, Insurance Bulletin No. 210 (revised May 13, 2020) (Ex. VT-066)In force from Mar. 15, 2020 to Sept. 30, 2020 (issued May 13, 2020)Health care ordersOther
Ex. VT-064Department of Financial Regulation, Commissioner Michael S. Pieciak, Emergency Rule H-2020-02-E (Mar. 16, 2020) (Ex. VT-064)In force from Mar. 16, 2020 to Oct. 23, 2020Health care ordersOther
Ex. VT-065Department of Financial Regulation, Commissioner Pieciak, Insurance Bulletin No. 211 (Mar. 18, 2020) (Ex. VT-065)In force from Mar. 18, 2020 to May 13, 2020Health care ordersOther
Ex. VT-006Governor Philip B. Scott, Gubernatorial Directive 3 to the Department of Motor Vehicles (Mar. 18, 2020) (Ex. VT-006)In force from Mar. 19, 2020 to June 30, 2021 (issued Mar. 18, 2020)Courts and public offices
Ex. VT-045Vermont General Assembly (H.742), signed by Governor Scott, 2020 Acts and Resolves No. 91 (Mar. 30, 2020) (Ex. VT-045)In force from Mar. 30, 2020 to Mar. 31, 2021Health care ordersOther
Ex. VT-050Vermont Supreme Court (memo to the bar), Eighth Amendment to Administrative Order No. 49 (promulgated April 21, 2020) (Apr. 21, 2020) (Ex. VT-050)In force from Apr. 21, 2020 to Sept. 30, 2021Telework mandateFace-covering requirementCourts and public offices
Ex. VT-046Vermont General Assembly (S.333), signed by Governor Scott May 14, 2020, 2020 Acts and Resolves No. 101 (May 14, 2020) (Ex. VT-046)In force from May 14, 2020 to June 15, 2021Courts and public officesOther
Ex. VT-101Agency of Commerce and Community Development (Secretary Lindsay Kurrle) under Amended and Restated EO 01-20 §§ 7(i), 11(a), ACCD Cross State Travel Information page (quarantine and travel-map guidance), as captured August 1, 2020 (June 8, 2020) (Ex. VT-101)In force from June 8, 2020 to Nov. 10, 2020Travel and quarantineWorkplace rulesQuarantine and isolation
Ex. VT-103Vermont General Assembly (statute as in force 2020-2021), 20 V.S.A. § 40 (Enforcement), as in force in 2020-2021 (repealed by 2023, No. 143 (Adj. Sess.), § 35, eff. July 1, 2024) (Mar. 1, 2021) (Ex. VT-103)In force from Mar. 1, 2021 to July 1, 2024Other

Agencies, boards and authorities: Vermont

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-DMV-SOS-RECORDERS-050Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Act 95 of 2020 (S.114) (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050)In force from Apr. 28, 2020 to June 15, 2021Courts and public officesOther

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

Federal layer

Ex. FED-031
CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

Ex. FED-303
Standing Order 20-17

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

Enforcement: OMB directive to contracting officers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

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

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

State of Vermont

Ex. VT-035
Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED]

Extension of State of Emergency; Stay Safe/Stay Working/Stay in School (updated text on gatherings and liquor licensees)

Governor Philip B. Scott, Vermont (State)

Dates
In force from Nov. 13, 2020 to June 30, 2021 (issued Nov. 20, 2020)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Business closureTelework mandateGathering capCurfew and hoursAlcohol and barsWorkplace rulesQuarantine and isolation
Functions reached
BA bars, tasting rooms, breweries and clubs closed to on-premises service; DR; GATH; OF telework; SP; WF
Grade
Primary source read
Days in this quarter
49 (in force on the last day)

Individuals who live alone may gather with no more than one other household... limited outdoor fitness activities involving no more than two individuals from different households are permitted... All 'Clubs' as defined by 7 V.S.A. § 2(7) shall suspend on-premises operations. 1st Class licensees who hold a Restaurant License issued by VDH for an on-site kitchen equipped to provide menu service must accompany all beverage alcohol orders with food; serve only those patrons who are seated... All other 1st Class licensees, including Clubs, shall suspend operations. All 4th Class licensees shall suspend operations.

Enforcement: Referral to the Attorney General (§ 2(f)); DLL; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED] (Nov. 20, 2020) (Ex. VT-035) Open the exhibit

Ex. VT-034
Addendum 8 to Amended and Restated Executive Order 01-20

Extension of State of Emergency (to December 15, 2020); Stay Safe/Stay Working/Stay in School (winter re-tightening)

Governor Philip B. Scott, Vermont (State)

Dates
In force from Nov. 14, 2020 to June 30, 2021 (issued Nov. 13, 2020)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Business closureTelework mandateGathering capCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached
GATH/EVT all multi-household gatherings; DR 10:00 p.m. closing, one household per table; BA bars and clubs closed; BQ/MK events and holiday parties; SP recreational sports; OF telework to the maximum extent possible; CS in-person meetings discouraged; WF (contact-tracing compliance; returning students quarantined); CB
Grade
Primary source read
Days in this quarter
48 (in force on the last day)

Attendance at all public and private social, recreational and entertainment gatherings, indoor and outdoor, including large social gatherings incidental to ceremonies, holiday gatherings, parties and celebrations, shall be limited to participation with only members of a single household... All 1st class licensees (restaurants) must be closed to in-person dining at 10:00 p.m.... Restaurants must provide seated dining service only and to no more than one household per table... bars and social clubs shall suspend operations... All restaurants and other public accommodations which host organized non-essential activities shall maintain an easily accessible, legible log of all employees, customers, members and guests and their contact information... for 30 days... All recreational sports programs... are hereby suspended... All businesses, not-for-profit entities and municipal government…

Enforcement: § 2(f): 'Failure to comply with this provision may result in referral to the Office of the Attorney General for enforcement'; DLL licensing; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 (Nov. 13, 2020) (Ex. VT-034) Open the exhibit

Ex. VT-091
Governor's release, As COVID-19 Cases Rise, Governor Phil Scott Announces New Mitigation Measures

Official summary of the November 14, 2020 restrictions (gatherings, restaurants, bars, sports, telework, contact logs)

Office of Governor Phil Scott (official release), Vermont (State)

Dates
In force from Nov. 14, 2020 to Dec. 31, 2020 (issued Nov. 13, 2020)
Quarters
2020 Q4
Limitations
Business closureTelework mandateGathering capCurfew and hoursAlcohol and barsWorkplace rules
Functions reached
see VT-034
Grade
Primary source read
Days in this quarter
48 (in force on the last day)

Bars and social clubs will be closed for in-person service until further notice... All businesses, non-profits and government entities shall reinstitute telework policies for all employees to the maximum extent possible. In person meetings are strongly discouraged and should be held by telephone or video conference whenever possible... All restaurants and other businesses hosting non-essential activities shall maintain a 30-day log of employee and guest names and contact information.

Enforcement: See VT-034

Citation: Office of Governor Phil Scott (official release), Governor's release, As COVID-19 Cases Rise, Governor Phil Scott Announces New Mitigation Measures (Nov. 13, 2020) (Ex. VT-091) Open the exhibit

Ex. VT-033
Addendum 7 to Amended and Restated Executive Order 01-20

Limiting Skating Facility Availability

Governor Philip B. Scott, Vermont (State)

Dates
In force from Oct. 16, 2020 to Oct. 30, 2020
Quarters
2020 Q4
Limitations
Business closureEvents and venues
Functions reached
FC rinks; SP youth and adult hockey; CN concessions; CB
Grade
Primary source read
Days in this quarter
15

hereby order all indoor ice rinks/skating facilities to freeze their schedules and not take any additional reservations for use of the facilities for the period beginning October 16, 2020 at 5:00 p.m., through midnight on October 30, 2020.

Enforcement: 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 7 to Amended and Restated Executive Order 01-20 (Oct. 16, 2020) (Ex. VT-033) Open the exhibit

Ex. VT-092
Governor's release, Small Modification Made to COVID-19 Gathering Restrictions for Upcoming Holidays

Restrictions on outdoor recreation and youth sports reduced (December 22, 2020)

Office of Governor Phil Scott (official release), Vermont (State)

Dates
In force from Dec. 22, 2020 to Mar. 31, 2021
Quarters
2020 Q42021 Q1
Limitations
Gathering capEvents and venues
Functions reached
GATH; SP youth sports
Grade
Confirmed from a secondary source
Days in this quarter
10 (in force on the last day)

Citation: Office of Governor Phil Scott (official release), Governor's release, Small Modification Made to COVID-19 Gathering Restrictions for Upcoming Holidays (Dec. 22, 2020) (Ex. VT-092)

Ex. VT-032
Addendum 6 to Amended and Restated Executive Order 01-20

Extension of State of Emergency (to November 15, 2020)

Governor Philip B. Scott, Vermont (State)

Dates
In force from Oct. 15, 2020 to Nov. 15, 2020
Quarters
2020 Q4
Limitations
Emergency declaration
Functions reached
all functions under VT-025
Grade
Primary source read
Days in this quarter
32

the State of Emergency for the State of Vermont shall be extended through midnight on Sunday, November 15, 2020... The Amended and Restated Executive Order issued June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on November 15, 2020.

Enforcement: As in VT-025

Citation: Governor Philip B. Scott, Addendum 6 to Amended and Restated Executive Order 01-20 (Oct. 15, 2020) (Ex. VT-032) Open the exhibit

Ex. VT-068
Emergency Rule H-2020-06-E

Access to Health Care Services During the COVID-19 Pandemic (testing, treatment and prevention without cost-sharing; telehealth; prescription deductibles)

Department of Financial Regulation, Vermont (Sector regulator)

Dates
In force from Oct. 23, 2020 to July 1, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Health care ordersOther
Functions reached
IN insurer claims operations; TM telehealth; CB payers
Grade
Primary source read
Days in this quarter
70 (in force on the last day)

Under Act 140 of 2020 § 8, this emergency rule shall be in effect until July 1, 2021. This emergency rule rescinds and supersedes the provisions of Rules H-2020-02-E, H-2020-03-E, and H-2020-04-E, and Insurance Bulletins #209 and #214... Health insurers shall process all claims for FDA-authorized SARS-CoV-2 testing with the following procedure codes without member cost-sharing.

Enforcement: DFR

Citation: Department of Financial Regulation, Emergency Rule H-2020-06-E (Oct. 23, 2020) (Ex. VT-068) Open the exhibit

Ex. VT-069
Insurance Bulletin No. 218

Workers' Compensation Premium Calculation; Hazard Pay Grants

Department of Financial Regulation, Vermont (Sector regulator)

Dates
In force from Nov. 9, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Other
Functions reached
IN workers' compensation; HR payroll
Grade
Primary source read
Days in this quarter
53 (in force on the last day)

The Department has therefore directed the National Council on Compensation Insurance (NCCI) to create a 'state special' rule to exclude from payroll any lump sum grant awards paid to eligible employees under the Program.

Enforcement: DFR rating oversight

Citation: Department of Financial Regulation, Insurance Bulletin No. 218 (Nov. 9, 2020) (Ex. VT-069) Open the exhibit

Ex. VT-080
Governor's release, Governor Phil Scott Announces Pause to the State's Safe Travel Policy, Compliance Checks and Expanded Testing (cross-state travel map suspended; universal quarantine)

14-day (or 7-day-plus-test) quarantine required after all non-essential travel; compliance checks at lodging, bars and restaurants

Office of Governor Phil Scott (official release); Secretary of ACCD under Amended and Restated EO 01-20 § 11(a), Vermont (State)

Dates
In force from Nov. 10, 2020 to Feb. 23, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Travel and quarantineWorkplace rulesQuarantine and isolation
Functions reached
TV/TR travel and business travel; LG lodging attestations; GS group sales; CS out-of-state client visits; WF returning workers quarantined; CB out-of-state customers
Grade
Primary source read
Days in this quarter
52 (in force on the last day)

As the number of counties eligible for quarantine-free travel has dropped to only two, the cross-state travel map is being temporarily suspended effective immediately. A 14-day quarantine - or 7 days followed by a negative COVID-19 test - is now required following any non-essential out-of-state travel by Vermonters and for all travelers entering Vermont from another state. Essential travel includes travel to attend PreK-12 school and college if commuting daily, or for work, personal safety, medical care, care of others, parental shared custody, or for food, beverage or medicine... The Vermont State Police, Division of Fire Safety and Department of Liquor and Lottery will resume compliance assessments and educational efforts at lodging facilities, bars and restaurants.

Enforcement: State Police, Division of Fire Safety and DLL compliance assessments; 20 V.S.A. § 40 (VT-103)

Citation: Office of Governor Phil Scott (official release); Secretary of ACCD under Amended and Restated EO 01-20 § 11(a), Governor's release, Governor Phil Scott Announces Pause to the State's Safe Travel Policy, Compliance Checks and Expanded Testing (cross-state travel map suspended; universal quarantine) (Nov. 10, 2020) (Ex. VT-080) Open the exhibit

Ex. VT-053
Eighteenth Amendment to Administrative Order No. 49 (promulgated December 4, 2020)

Judicial emergency extended to March 31, 2021; jury trials only with approval of the Chief Superior Judge and Court Administrator; Judicial Bureau hearings remote only

Vermont Supreme Court (memo to the bar), Vermont (Court)

Dates
In force from Dec. 4, 2020 to Mar. 31, 2021
Quarters
2020 Q42021 Q1
Limitations
Telework mandateCourts and public offices
Functions reached
CT; PJ; DM traffic (Judicial Bureau) hearings remote
Grade
Confirmed from a secondary source
Days in this quarter
28 (in force on the last day)

A.O. 49 § 2 is amended to further extend the judicial emergency and effective date of the Administrative Order to March 31, 2021... superior courts seeking to hold a jury trial must secure the approval of the Chief Superior Judge and the Court Administrator before summoning jurors and holding a jury trial... in-person hearings are postponed, and all hearings will be conducted by remote means.

Enforcement: Order of the Supreme Court

Citation: Vermont Supreme Court (memo to the bar), Eighteenth Amendment to Administrative Order No. 49 (promulgated December 4, 2020) (Dec. 4, 2020) (Ex. VT-053) Open the exhibit

Ex. VT-036
Addendum 9 to Amended and Restated Executive Order 01-20

Extension of State of Emergency (to January 15, 2021)

Governor Philip B. Scott, Vermont (State)

Dates
In force from Dec. 15, 2020 to Jan. 15, 2021
Quarters
2020 Q42021 Q1
Limitations
Emergency declaration
Functions reached
all functions under VT-025 and VT-034/VT-035
Grade
Primary source read
Days in this quarter
17 (in force on the last day)

the State of Emergency for the State of Vermont shall be extended through midnight on Friday, January 15, 2021... the Amended and Restated Executive Order issued June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on January 15, 2021.

Enforcement: As in VT-025 and VT-034

Citation: Governor Philip B. Scott, Addendum 9 to Amended and Restated Executive Order 01-20 (Dec. 15, 2020) (Ex. VT-036) Open the exhibit

Ex. VT-054
Nineteenth Amendment to Administrative Order No. 49 (promulgated December 22, 2020)

Presumption that Superior Court hearings are scheduled for remote participation

Vermont Supreme Court (memo to the bar), Vermont (Court)

Dates
In force from Dec. 22, 2020 to June 14, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Telework mandateCourts and public offices
Functions reached
CT; PJ; CL/SV foreclosure and collection hearings remote
Grade
Confirmed from a secondary source
Days in this quarter
10 (in force on the last day)

Paragraph 5(d) of Administrative Order 49, concerning remote hearings, is amended to establish a presumption that, with some exceptions including jury trials and evidentiary hearings in juvenile and criminal matters, hearings in the Superior Court will be scheduled for remote participation by parties, witnesses, and other participants... Due to the rising incidence of COVID-19 throughout Vermont, the amendment minimizes gatherings of people within courtrooms.

Enforcement: Order of the Supreme Court

Citation: Vermont Supreme Court (memo to the bar), Nineteenth Amendment to Administrative Order No. 49 (promulgated December 22, 2020) (Dec. 22, 2020) (Ex. VT-054) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. VT-025Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025)In force from June 15, 2020 to June 30, 2021Emergency declarationTelework mandateCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careHealth care ordersAlcohol and barsEvents and venuesCourts and public officesWorkplace rulesQuarantine and isolation
Ex. VT-097Office of Governor Phil Scott (official release); ACCD Work Safe Guidance, Governor's release, Governor Phil Scott Announces Next Restart Steps for Hospitality Sector (June 19, 2020) (Ex. VT-097)In force from June 26, 2020 to Nov. 14, 2020 (issued June 19, 2020)Capacity limitGathering capEvents and venues
Ex. VT-001Governor Philip B. Scott, Executive Order No. 01-20 (Mar. 13, 2020) (Ex. VT-001)In force from Mar. 13, 2020 to June 30, 2021Emergency declarationTelework mandateGathering capHealth care ordersCourts and public offices
Ex. VT-049Vermont Supreme Court (memo to the bar by the State Court Administrator), Administrative Order No. 49 (Mar. 16, 2020) (Ex. VT-049)In force from Mar. 16, 2020 to Sept. 30, 2021Telework mandateGathering capCourts and public officesWorkplace rules
Ex. VT-051Vermont Supreme Court (memo to the bar), Tenth Amendment to Administrative Order No. 49 (promulgated May 13, 2020) (Ex. VT-051)In force from June 1, 2020 to Dec. 31, 2020 (issued May 13, 2020)Gathering capCourts and public offices
Ex. VT-089Office of Governor Phil Scott (official release); ACCD under Amended and Restated EO 01-20 § 11 and Addendum 1 ¶ 3, Governor's release, Governor Phil Scott Expands Trusted Travel Policy (June 26, 2020) (Ex. VT-089)In force from July 1, 2020 to Nov. 10, 2020 (issued June 26, 2020)Capacity limitTravel and quarantineQuarantine and isolation
Ex. VT-090Office of Governor Phil Scott (official release); ACCD guidance, Governor's release, Governor Phil Scott Updates Bar Seating Guidance, Lifts Lodging Capacity Restrictions with Travel and Health Protocols (Sept. 18, 2020) (Ex. VT-090)In force from Sept. 18, 2020 to Nov. 14, 2020Capacity limitTravel and quarantineAlcohol and bars
Ex. VT-064Department of Financial Regulation, Commissioner Michael S. Pieciak, Emergency Rule H-2020-02-E (Mar. 16, 2020) (Ex. VT-064)In force from Mar. 16, 2020 to Oct. 23, 2020Health care ordersOther
Ex. VT-006Governor Philip B. Scott, Gubernatorial Directive 3 to the Department of Motor Vehicles (Mar. 18, 2020) (Ex. VT-006)In force from Mar. 19, 2020 to June 30, 2021 (issued Mar. 18, 2020)Courts and public offices
Ex. VT-045Vermont General Assembly (H.742), signed by Governor Scott, 2020 Acts and Resolves No. 91 (Mar. 30, 2020) (Ex. VT-045)In force from Mar. 30, 2020 to Mar. 31, 2021Health care ordersOther
Ex. VT-050Vermont Supreme Court (memo to the bar), Eighth Amendment to Administrative Order No. 49 (promulgated April 21, 2020) (Apr. 21, 2020) (Ex. VT-050)In force from Apr. 21, 2020 to Sept. 30, 2021Telework mandateFace-covering requirementCourts and public offices
Ex. VT-046Vermont General Assembly (S.333), signed by Governor Scott May 14, 2020, 2020 Acts and Resolves No. 101 (May 14, 2020) (Ex. VT-046)In force from May 14, 2020 to June 15, 2021Courts and public officesOther
Ex. VT-101Agency of Commerce and Community Development (Secretary Lindsay Kurrle) under Amended and Restated EO 01-20 §§ 7(i), 11(a), ACCD Cross State Travel Information page (quarantine and travel-map guidance), as captured August 1, 2020 (June 8, 2020) (Ex. VT-101)In force from June 8, 2020 to Nov. 10, 2020Travel and quarantineWorkplace rulesQuarantine and isolation
Ex. VT-028Governor Philip B. Scott, Gubernatorial Directive No. 6 to All School Boards and Superintendents (July 29, 2020) (Ex. VT-028)In force from July 29, 2020 to June 15, 2021Schools and child care
Ex. VT-027Governor Philip B. Scott, Addendum 2 to Amended and Restated Executive Order No. 01-20 (July 24, 2020) (Ex. VT-027)In force from Aug. 1, 2020 to June 30, 2021 (issued July 24, 2020)Face-covering requirementWorkplace rules
Ex. VT-030Governor Philip B. Scott, Addendum 4 to Amended and Restated Executive Order 01-20 (Aug. 18, 2020) (Ex. VT-030)In force from Aug. 18, 2020 to June 30, 2021Schools and child careOther
Ex. VT-052Vermont Supreme Court (memo to the bar), Fourteenth Amendment to Administrative Order No. 49 (promulgated August 20, 2020) (Aug. 20, 2020) (Ex. VT-052)In force from Aug. 20, 2020 to Dec. 31, 2020Courts and public offices
Ex. VT-031Governor Philip B. Scott, Addendum 5 to Amended and Restated Executive Order 01-20 (Sept. 11, 2020) (Ex. VT-031)In force from Sept. 11, 2020 to Oct. 15, 2020Emergency declarationTelework mandateFace-covering requirement
Ex. VT-067Department of Financial Regulation, Emergency Rule H-2020-05-E (Sept. 16, 2020) (Ex. VT-067)In force from Sept. 16, 2020 to Sept. 30, 2021Health care ordersOther
Ex. VT-077Department of Financial Regulation, Insurance Bulletin No. 217 (Sept. 22, 2020) (Ex. VT-077)In force from Sept. 22, 2020 to Dec. 31, 2020Other
Ex. VT-103Vermont General Assembly (statute as in force 2020-2021), 20 V.S.A. § 40 (Enforcement), as in force in 2020-2021 (repealed by 2023, No. 143 (Adj. Sess.), § 35, eff. July 1, 2024) (Mar. 1, 2021) (Ex. VT-103)In force from Mar. 1, 2021 to July 1, 2024Other

Agencies, boards and authorities: Vermont

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-DMV-SOS-RECORDERS-050Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Act 95 of 2020 (S.114) (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050)In force from Apr. 28, 2020 to June 15, 2021Courts and public officesOther

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

Federal layer

Ex. FED-060
Executive Order 13991

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

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

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

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

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

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

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563

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

Ex. FED-305
Standing Order 21-02

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

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

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

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

Enforcement: court order

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

Ex. FED-008
Memorandum of February 2, 2021

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

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

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

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

Enforcement: Funding directive

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

Ex. FED-071
Executive Order 13910

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State of Vermont

Ex. VT-082
Governor's release, Governor Phil Scott Announces New COVID-19 Travel and Gathering Guidance

Fully vaccinated persons exempt from travel quarantine and may gather with one other household; all other mitigation measures remain

Office of Governor Phil Scott (official release); ACCD guidance under Amended and Restated EO 01-20 § 11, Vermont (State)

Dates
In force from Feb. 23, 2021 to Mar. 12, 2021
Quarters
2021 Q1
Limitations
Capacity limitGathering capFace-covering requirementTravel and quarantineQuarantine and isolation
Functions reached
TV travel; GATH; CAP (continuing); MASK (continuing)
Grade
Primary source read
Days in this quarter
18

Effective today, people who are fully vaccinated may travel to Vermont and return from out of state travel without quarantine restrictions, once 14 days have passed from when they received their final dose. Additionally, people who meet this vaccination criteria may now gather with one other household at time... Vermonters and visitors, including those vaccinated, must still abide by measures, such as facial coverings, physical distancing and current capacity limitations.

Enforcement: ACCD guidance under VT-025 § 9(b)

Citation: Office of Governor Phil Scott (official release); ACCD guidance under Amended and Restated EO 01-20 § 11, Governor's release, Governor Phil Scott Announces New COVID-19 Travel and Gathering Guidance (Feb. 23, 2021) (Ex. VT-082) Open the exhibit

Ex. VT-093
Governor's release, Governor Phil Scott Updates Gathering and Restaurant Table Seating Guidance

Two unvaccinated households may gather; restaurants may seat multiple households up to six per table; masking, distancing and capacity limits remain

Office of Governor Phil Scott (official release); ACCD guidance, Vermont (State)

Dates
In force from Mar. 12, 2021 to May 14, 2021
Quarters
2021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirement
Functions reached
GATH; DR table seating; CAP continuing; MASK continuing
Grade
Primary source read
Days in this quarter
20 (in force on the last day)

Effective today, the changes allow two unvaccinated households to gather at a time, and permitting restaurants to seat multiple households together, but no more than six people can be seated at the same table. Masking, distancing, capacity limits, and other mitigation guidelines remain in place.

Enforcement: ACCD guidance under VT-025 § 9(b)

Citation: Office of Governor Phil Scott (official release); ACCD guidance, Governor's release, Governor Phil Scott Updates Gathering and Restaurant Table Seating Guidance (Mar. 12, 2021) (Ex. VT-093) Open the exhibit

Ex. VT-037
Addendum 10 to Amended and Restated Executive Order 01-20

Extension of State of Emergency (to February 15, 2021)

Governor Philip B. Scott, Vermont (State)

Dates
In force from Jan. 15, 2021 to Feb. 15, 2021
Quarters
2021 Q1
Limitations
Emergency declaration
Functions reached
all functions under VT-025 and VT-034/VT-035
Grade
Primary source read
Days in this quarter
32

the State of Emergency for the State of Vermont shall be extended through midnight on Monday, February 15, 2021... all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on February 15, 2021.

Enforcement: As in VT-025 and VT-034

Citation: Governor Philip B. Scott, Addendum 10 to Amended and Restated Executive Order 01-20 (Jan. 15, 2021) (Ex. VT-037) Open the exhibit

Ex. VT-038
Addendum 11 to Amended and Restated Executive Order 01-20

Extension of State of Emergency (to March 15, 2021)

Governor Philip B. Scott, Vermont (State)

Dates
In force from Feb. 15, 2021 to Mar. 15, 2021
Quarters
2021 Q1
Limitations
Emergency declaration
Functions reached
all functions under VT-025 and VT-034/VT-035
Grade
Primary source read
Days in this quarter
29

the State of Emergency for the State of Vermont shall be extended through midnight on Monday, March 15, 2021... Except as modified herein, the Executive Order, as Amended and Restated June 5, 2020, and all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on March 15, 2021.

Enforcement: As in VT-025 and VT-034

Citation: Governor Philip B. Scott, Addendum 11 to Amended and Restated Executive Order 01-20 (Feb. 15, 2021) (Ex. VT-038) Open the exhibit

Ex. VT-039
Addendum 12 to Amended and Restated Executive Order 01-20

Extension of State of Emergency (to April 15, 2021); junior operators' licenses

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 15, 2021 to Apr. 15, 2021
Quarters
2021 Q12021 Q2
Limitations
Emergency declarationCourts and public offices
Functions reached
all functions under VT-025 and VT-034/VT-035; DM
Grade
Primary source read
Days in this quarter
17 (in force on the last day)

the State of Emergency for the State of Vermont shall be extended through midnight on Thursday, April 15, 2021... Effective March 13, 2021, the Commissioner of the Department of Motor Vehicles is hereby directed to issue a junior operator's license to any individual who was eligible but unable to obtain a learner's permit from March 13, 2020 through June 30, 2020 due to the COVID-19 emergency.

Enforcement: As in VT-025 and VT-034

Citation: Governor Philip B. Scott, Addendum 12 to Amended and Restated Executive Order 01-20 (Mar. 15, 2021) (Ex. VT-039) Open the exhibit

Ex. VT-055
Amendment to Administrative Order No. 49 (promulgated March 8, 2021)

Judicial emergency extended to May 31, 2021; court-by-court authorization of jury trials; remote July 2021 bar exam

Vermont Supreme Court (memo to the bar), Vermont (Court)

Dates
In force from Mar. 15, 2021 to June 30, 2021 (issued Mar. 8, 2021)
Quarters
2021 Q12021 Q2
Limitations
Courts and public offices
Functions reached
CT; PJ; HR (bar admission)
Grade
Confirmed from a secondary source
Days in this quarter
17 (in force on the last day)

Paragraph 2 is amended to extend the effective date of the Administrative Order until May 31, 2021, based on the projections of public-health experts concerning the course of the pandemic... The resumption of civil and criminal jury trials is governed by former § 3(b), requiring court-by-court authorization of the Chief Superior Judge and the Court Administrator.

Enforcement: Order of the Supreme Court

Citation: Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated March 8, 2021) (Mar. 8, 2021) (Ex. VT-055) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. VT-025Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025)In force from June 15, 2020 to June 30, 2021Emergency declarationTelework mandateCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careHealth care ordersAlcohol and barsEvents and venuesCourts and public officesWorkplace rulesQuarantine and isolation
Ex. VT-035Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED] (Nov. 20, 2020) (Ex. VT-035)In force from Nov. 13, 2020 to June 30, 2021 (issued Nov. 20, 2020)Business closureTelework mandateGathering capCurfew and hoursAlcohol and barsWorkplace rulesQuarantine and isolation
Ex. VT-034Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 (Nov. 13, 2020) (Ex. VT-034)In force from Nov. 14, 2020 to June 30, 2021 (issued Nov. 13, 2020)Business closureTelework mandateGathering capCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolation
Ex. VT-001Governor Philip B. Scott, Executive Order No. 01-20 (Mar. 13, 2020) (Ex. VT-001)In force from Mar. 13, 2020 to June 30, 2021Emergency declarationTelework mandateGathering capHealth care ordersCourts and public offices
Ex. VT-049Vermont Supreme Court (memo to the bar by the State Court Administrator), Administrative Order No. 49 (Mar. 16, 2020) (Ex. VT-049)In force from Mar. 16, 2020 to Sept. 30, 2021Telework mandateGathering capCourts and public officesWorkplace rules
Ex. VT-092Office of Governor Phil Scott (official release), Governor's release, Small Modification Made to COVID-19 Gathering Restrictions for Upcoming Holidays (Dec. 22, 2020) (Ex. VT-092)In force from Dec. 22, 2020 to Mar. 31, 2021Gathering capEvents and venues
Ex. VT-006Governor Philip B. Scott, Gubernatorial Directive 3 to the Department of Motor Vehicles (Mar. 18, 2020) (Ex. VT-006)In force from Mar. 19, 2020 to June 30, 2021 (issued Mar. 18, 2020)Courts and public offices
Ex. VT-045Vermont General Assembly (H.742), signed by Governor Scott, 2020 Acts and Resolves No. 91 (Mar. 30, 2020) (Ex. VT-045)In force from Mar. 30, 2020 to Mar. 31, 2021Health care ordersOther
Ex. VT-050Vermont Supreme Court (memo to the bar), Eighth Amendment to Administrative Order No. 49 (promulgated April 21, 2020) (Apr. 21, 2020) (Ex. VT-050)In force from Apr. 21, 2020 to Sept. 30, 2021Telework mandateFace-covering requirementCourts and public offices
Ex. VT-046Vermont General Assembly (S.333), signed by Governor Scott May 14, 2020, 2020 Acts and Resolves No. 101 (May 14, 2020) (Ex. VT-046)In force from May 14, 2020 to June 15, 2021Courts and public officesOther
Ex. VT-028Governor Philip B. Scott, Gubernatorial Directive No. 6 to All School Boards and Superintendents (July 29, 2020) (Ex. VT-028)In force from July 29, 2020 to June 15, 2021Schools and child care
Ex. VT-027Governor Philip B. Scott, Addendum 2 to Amended and Restated Executive Order No. 01-20 (July 24, 2020) (Ex. VT-027)In force from Aug. 1, 2020 to June 30, 2021 (issued July 24, 2020)Face-covering requirementWorkplace rules
Ex. VT-030Governor Philip B. Scott, Addendum 4 to Amended and Restated Executive Order 01-20 (Aug. 18, 2020) (Ex. VT-030)In force from Aug. 18, 2020 to June 30, 2021Schools and child careOther
Ex. VT-067Department of Financial Regulation, Emergency Rule H-2020-05-E (Sept. 16, 2020) (Ex. VT-067)In force from Sept. 16, 2020 to Sept. 30, 2021Health care ordersOther
Ex. VT-068Department of Financial Regulation, Emergency Rule H-2020-06-E (Oct. 23, 2020) (Ex. VT-068)In force from Oct. 23, 2020 to July 1, 2021Health care ordersOther
Ex. VT-080Office of Governor Phil Scott (official release); Secretary of ACCD under Amended and Restated EO 01-20 § 11(a), Governor's release, Governor Phil Scott Announces Pause to the State's Safe Travel Policy, Compliance Checks and Expanded Testing (cross-state travel map suspended; universal quarantine) (Nov. 10, 2020) (Ex. VT-080)In force from Nov. 10, 2020 to Feb. 23, 2021Travel and quarantineWorkplace rulesQuarantine and isolation
Ex. VT-053Vermont Supreme Court (memo to the bar), Eighteenth Amendment to Administrative Order No. 49 (promulgated December 4, 2020) (Dec. 4, 2020) (Ex. VT-053)In force from Dec. 4, 2020 to Mar. 31, 2021Telework mandateCourts and public offices
Ex. VT-036Governor Philip B. Scott, Addendum 9 to Amended and Restated Executive Order 01-20 (Dec. 15, 2020) (Ex. VT-036)In force from Dec. 15, 2020 to Jan. 15, 2021Emergency declaration
Ex. VT-054Vermont Supreme Court (memo to the bar), Nineteenth Amendment to Administrative Order No. 49 (promulgated December 22, 2020) (Dec. 22, 2020) (Ex. VT-054)In force from Dec. 22, 2020 to June 14, 2021Telework mandateCourts and public offices
Ex. VT-103Vermont General Assembly (statute as in force 2020-2021), 20 V.S.A. § 40 (Enforcement), as in force in 2020-2021 (repealed by 2023, No. 143 (Adj. Sess.), § 35, eff. July 1, 2024) (Mar. 1, 2021) (Ex. VT-103)In force from Mar. 1, 2021 to July 1, 2024Other

Agencies, boards and authorities: Vermont

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-DMV-SOS-RECORDERS-050Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Act 95 of 2020 (S.114) (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050)In force from Apr. 28, 2020 to June 15, 2021Courts and public officesOther

End of general restrictions, State of Vermont: Governor Scott's June 14, 2021 directive to the Secretary of the Agency of Commerce and Community Development lifting all remaining State COVID-19 restrictions under Step 4 of the Vermont Forward Plan upon 80 percent first-dose vaccination of the eligible population (VT-098; announced VT-078), followed by the expiration by its own terms at midnight on June 15, 2021 of the Amended and Restated Executive Order 01-20 as last extended by Addendum 16 of May 14, 2021 (VT-043), recited in Executive Order 06-21 of June 15, 2021 (VT-044) and in the Governor's June 15 release (VT-079) (2021-06-14 (all State restrictions lifted, effective immediately); 2021-06-15 (State of Emergency expired at midnight)). What remained: Executive Order 06-21 (National Guard active service; VDH oversight of isolation and quarantine with local boards of health bound to the Commissioner's recommendations; non-congregate housing and emergency feeding; alcohol pick-up and delivery to July 1, 2021) (VT-044); Act 101's moratorium on ejectment and foreclosure through July 15, 2021 (VT-046); Vermont Supreme Court Administrative Order 49 (judicial emergency) to September 7, then November 1, 2021, then January 1 and March 1, 2022 (VT-057, VT-061, VT-062, VT-063) with Administrative Directive PG-13 (masks for all courthouse visitors; screening; limited-entry courthouses) (VT-059, VT-060); DFR Emergency Rules H-2021-01-E (July 1, 2021 to March 31, 2022) and H-2020-05-E (until the federal public health emergency ended) (VT-070, VT-067); Act 70 (7 V.S.A. § 230, off-premises alcohol sales from July 1, 2021) (VT-076); the State-employee vaccination and attest-or-test requirements of September 1 and September 15, 2021 (VT-083, VT-085); AOE/VDH advisory memoranda implemented by school boards as masking requirements (VT-072, VT-074, VT-094); federal masks on transit and school buses, the OSHA Healthcare ETS, CMS rules and the Canadian border restrictions (federal exhibits)

Preemption of local orders, State of Vermont: Vermont did not preempt local orders; it invited them. Addendum 14 (May 15, 2020) provided that 'The legislative body of each municipality may enact more strict local requirements regarding mask use than those set forth herein' (VT-021 ¶ 3), a sentence carried into § 7(f) of the Amended and Restated Order (VT-025) and Addenda 15 and 16 of 2021 (VT-042, VT-043); Addendum 17 (June 5, 2020) authorized municipalities to 'enact local requirements which are more strict than the guidance issued by ACCD regarding the operation of bars, catering facilities and restaurants' (VT-024 ¶ 8); Addendum 3 to the Amended and Restated Order (Aug. 14, 2020) authorized each city and town to enact gathering-size limits 'more restrictive than those established by the State' and to prescribe shorter hours of alcohol sales by bars and clubs (VT-029 ¶ 2); Addendum 15 (May 22, 2020) suspended enforcement of municipal permit requirements for outdoor food and beverage service unless the municipality disapproved a DLL outdoor consumption permit (VT-022 ¶ 3). Vermont's fourteen counties have no health powers; town health officers and local boards of health were directed to 'consult with and abide by the recommendations of the Commissioner of Health prior to taking any action regarding isolation or quarantine' (VT-001 ¶ 14; VT-025 § 1(c); VT-044 ¶ 2). Once the emergency expired on June 15, 2021 municipalities had no authority to require face coverings; the General Assembly supplied it only on November 23, 2021 by Act 1 of the 2021 Special Session (S.1), authorizing municipal legislative bodies to adopt temporary indoor face-covering rules, renewable every 30 days and expiring April 30, 2022 (VT-047; post-period). No Burlington or other municipal order was retrieved.

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

Federal layer

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: as for FED-031

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: Framework

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

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

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

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

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

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

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

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

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

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

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

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

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

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

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

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

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

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

State of Vermont

Ex. VT-081
Governor's release, Governor Phil Scott and State Officials Announce the Vermont Forward Plan

Vermont Forward Roadmap to Reopening: stepped easing tied to vaccination rates through July 4, 2021

Office of Governor Phil Scott with ACCD and VDH (official release), Vermont (State)

Dates
In force from Apr. 9, 2021 to June 14, 2021 (issued Apr. 6, 2021)
Quarters
2021 Q2
Limitations
Capacity limitGathering capFace-covering requirementTravel and quarantineWorkplace rules
Functions reached
all sectors: capacity, gathering, travel and mask mandates continued as 'universal guidance mandates' until Step 4
Grade
Primary source read
Days in this quarter
67

The Vermont Forward Plan uses vaccination rates as the key milestones for transitioning Vermont businesses to more general, universal guidance to prevent the spread of COVID-19; modifying travel guidance; and when gathering size can increase between now and July 4... Three steps lead to July 4, when the State expects to transition universal guidance mandates into recommendations... Universal guidance has five main tenets: Stay home if you're sick, wear a mask, ensure six-foot spaces and uncrowded places, practice good hygiene, and know the travel restrictions.

Enforcement: ACCD guidance under VT-025 § 9(b)

Citation: Office of Governor Phil Scott with ACCD and VDH (official release), Governor's release, Governor Phil Scott and State Officials Announce the Vermont Forward Plan (Apr. 6, 2021) (Ex. VT-081) Open the exhibit

Ex. VT-086
Governor's release, Governor Phil Scott Lifts Mask Mandate for Vaccinated Individuals, Accelerates Vermont Forward Plan (Step 3)

Step 3 effective May 14, 2021: travel testing requirement removed; indoor events one unvaccinated person per 50 square feet up to 300 plus vaccinated persons; 900 outdoors; masks remain for the unvaccinated

Office of Governor Phil Scott (official release); ACCD Vermont Forward Step 3, Vermont (State)

Dates
In force from May 14, 2021 to June 14, 2021
Quarters
2021 Q2
Limitations
Capacity limitGathering capFace-covering requirementTravel and quarantine
Functions reached
EVT/MK events and venues; GATH; TV travel; MASK; DR/BA (10:00 p.m. rule lifted with Step 3 per the release's description of ACCD updates)
Grade
Primary source read
Days in this quarter
32

Following CDC guidance, masking and physical distancing for fully vaccinated Vermonters - except in limited circumstances like in schools, on public transportation, healthcare settings, long term care facilities, prisons etc. - is no longer required. The mandate remains in place for those who are unvaccinated or partially vaccinated, including children who are not yet eligible for a vaccine... Step 3 of the Vermont Forward plan removes the testing requirement for travel and increases event and gathering capacity restrictions. The new gathering sizes will allow for one unvaccinated person per 50 square feet, up to 300, plus any number of vaccinated people for indoor events; and 900 people, plus any number of vaccinated people, outdoors.

Enforcement: ACCD guidance under VT-025 § 9(b); VT-043

Citation: Office of Governor Phil Scott (official release); ACCD Vermont Forward Step 3, Governor's release, Governor Phil Scott Lifts Mask Mandate for Vaccinated Individuals, Accelerates Vermont Forward Plan (Step 3) (May 14, 2021) (Ex. VT-086) Open the exhibit

Ex. VT-087
Governor's release, Governor Phil Scott Announces Threshold to Remove All Covid-19 Restrictions

Step 4 (removal of all restrictions) to occur at 80 percent first-dose vaccination of the eligible population, otherwise July 4, 2021

Office of Governor Phil Scott (official release), Vermont (State)

Dates
In force from May 21, 2021 to June 14, 2021
Quarters
2021 Q2
Limitations
Capacity limitGathering capFace-covering requirement
Functions reached
all sectors (restrictions continuing until Step 4)
Grade
Primary source read
Days in this quarter
25

when 80% of Vermont's eligible population - those age 12 and older - have received at least one dose of the COVID-19 vaccine, the state will enter Step 4 of the Vermont Forward plan - currently slated for July 4 - and remove its remaining restrictions... 'If we hit 80%, I will lift any remaining restrictions and mandates that day.'

Enforcement: n/a

Citation: Office of Governor Phil Scott (official release), Governor's release, Governor Phil Scott Announces Threshold to Remove All Covid-19 Restrictions (May 21, 2021) (Ex. VT-087) Open the exhibit

Ex. VT-078
Governor's release, Governor Phil Scott Announces State Has Reached Its 80% Vaccination Goal; Lifts All State Covid-19 Restrictions

All State COVID-19 restrictions rescinded effective immediately; State of Emergency not renewed

Office of Governor Phil Scott (official release), Vermont (State)

Dates
In force from June 14, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Emergency declarationCapacity limitGathering capFace-covering requirementTravel and quarantine
Functions reached
all functions: end of State general restrictions
Grade
Primary source read
Days in this quarter
17 (in force on the last day)

Governor Scott also announced he has rescinded all state COVID-19 restrictions. Additionally, Vermont's State of Emergency, slated to expire on June 15, will not be renewed... 'Now that we have hit 80%, as promised and effective immediately, I am lifting all remaining state pandemic restrictions and the State of Emergency will formally end at midnight June 15'... Following the Vermont Forward plan, all remaining state restrictions have been lifted, though some situations are governed by federal guidelines, like public transportation and long-term care facilities.

Enforcement: n/a

Citation: Office of Governor Phil Scott (official release), Governor's release, Governor Phil Scott Announces State Has Reached Its 80% Vaccination Goal; Lifts All State Covid-19 Restrictions (June 14, 2021) (Ex. VT-078) Open the exhibit

Ex. VT-098
Governor's directive of June 14, 2021 to the Secretary of the Agency of Commerce and Community Development (image posted by the Governor's office as 'CovidRestrictionsLiftedDirective.PNG')

All remaining State COVID-19 restrictions lifted (Vermont Forward Step 4)

Governor Philip B. Scott, Vermont (State)

Dates
In force from June 14, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Emergency declarationCapacity limitGathering capFace-covering requirementTravel and quarantine
Functions reached
all functions: the instrument ending Vermont's general business restrictions
Grade
Confirmed from a secondary source
Days in this quarter
17 (in force on the last day)

Enforcement: n/a

Citation: Governor Philip B. Scott, Governor's directive of June 14, 2021 to the Secretary of the Agency of Commerce and Community Development (image posted by the Governor's office as 'CovidRestrictionsLiftedDirective.PNG') (Ex. VT-098) Open the exhibit

Ex. VT-040
Addendum 13 to Amended and Restated Executive Order 01-20

Extended Expansion of Unemployment Benefits and Employer Contribution Relief

Governor Philip B. Scott, Vermont (State)

Dates
In force from Mar. 31, 2021 to Apr. 15, 2021 (issued Apr. 1, 2021)
Quarters
2021 Q2
Limitations
Other
Functions reached
WF (recitals: workers 'forced to leave employment to care for children or family members who could no longer attend school, day care'); HR
Grade
Primary source read
Days in this quarter
15 (in force on the first day)

Effective March 31, 2021, the emergency provisions of 21 V.S.A. §§ 1325(a)(1)(G),(H) and 21 V.S.A. § 1325(a)(3), shall be extended to provide unemployment benefit charge relief to employers for employees who separate from employment for a COVID-19 qualifying reason... [and] to provide unemployment benefits to individuals who are forced to leave their employment for a COVID-19 qualifying reason.

Enforcement: Department of Labor administration

Citation: Governor Philip B. Scott, Addendum 13 to Amended and Restated Executive Order 01-20 (Apr. 1, 2021) (Ex. VT-040) Open the exhibit

Ex. VT-041
Addendum 14 to Amended and Restated Executive Order 01-20

Extension of State of Emergency (to May 15, 2021)

Governor Philip B. Scott, Vermont (State)

Dates
In force from Apr. 15, 2021 to May 15, 2021
Quarters
2021 Q2
Limitations
Emergency declaration
Functions reached
all functions under VT-025, VT-034/VT-035 and the Vermont Forward steps
Grade
Primary source read
Days in this quarter
31

the State of Emergency for the State of Vermont shall be extended through midnight on Saturday, May 15, 2021... all Addenda and Directives issued thereunder, shall continue in full force and effect until midnight on May 15, 2021.

Enforcement: As in VT-025 and VT-034

Citation: Governor Philip B. Scott, Addendum 14 to Amended and Restated Executive Order 01-20 (Apr. 15, 2021) (Ex. VT-041) Open the exhibit

Ex. VT-042
Addendum 15 to Amended and Restated Executive Order No. 01-20

Use of Facial Coverings and Temporary Restrictions on Hours of Operation (outdoor masking ended; 10:00 p.m. cease-service; work search reinstated)

Governor Philip B. Scott, Vermont (State)

Dates
In force from Apr. 30, 2021 to May 15, 2021
Quarters
2021 Q2
Limitations
Face-covering requirementCurfew and hoursAlcohol and barsWorkplace rules
Functions reached
DR/BA/BQ 10:00 p.m. cease-service; MASK indoor customers and employees; WF (work search reinstated May 9, 2021); IN schools ('A Strong and Healthy Year' guidance incorporated); EC child care guidance; HC provider guidance
Grade
Primary source read
Days in this quarter
16

As of Friday, April 30, 2021, Vermonters are no longer required to wear face coverings over nose and mouth when they are in outdoor public spaces, provided sustained or prolonged close contact with individuals from outside their household can be avoided... Businesses and non-profit and government entities shall continue to implement measures notifying customers or clients of the requirement to wear masks or facial coverings in public indoor spaces... Notwithstanding anything to the contrary in the Vermont Forward plan, restaurants, catering, food service, social clubs and bars must cease service at 10:00pm each night, until the Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, lifts this restriction.

Enforcement: Business signage and refusal-of-service duty; DLL; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 15 to Amended and Restated Executive Order No. 01-20 (Apr. 30, 2021) (Ex. VT-042) Open the exhibit

Ex. VT-056
Amendment to Administrative Order No. 49 (promulgated May 12, 2021)

Judicial emergency extended to July 5, 2021; mandatory remote hearings end June 14, 2021

Vermont Supreme Court (memo to the bar), Vermont (Court)

Dates
In force from May 12, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Telework mandateCourts and public offices
Functions reached
CT; PJ
Grade
Confirmed from a secondary source
Days in this quarter
50 (in force on the last day)

Paragraph 2 is amended to extend the effective date of the Administrative Order until July 5, 2021... Paragraph 5(d) is amended to lift the existing requirement for mandatory remote hearings effective June 14, 2021. By this date, individuals will have had an opportunity to become fully vaccinated. The Court anticipates that some hearings will continue to be held remotely after remote hearings are no longer mandatory and even after the conclusion of the judicial emergency.

Enforcement: Order of the Supreme Court

Citation: Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated May 12, 2021) (Ex. VT-056) Open the exhibit

Ex. VT-043
Addendum 16 to Amended and Restated Executive Order No. 01-20

Extension of State of Emergency (to June 15, 2021); Use of Facial Coverings (fully vaccinated exempt)

Governor Philip B. Scott, Vermont (State)

Dates
In force from May 14, 2021 to June 15, 2021
Quarters
2021 Q2
Limitations
Emergency declarationFace-covering requirementWorkplace rules
Functions reached
MASK indoor (unvaccinated); EMP; IN schools and EC child care guidance incorporated; HC provider guidance; all functions under VT-025 through June 15, 2021
Grade
Primary source read
Days in this quarter
33

effective Saturday May 15, 2021, the State of Emergency for the State of Vermont shall be extended through midnight on Tuesday, June 15, 2021... Effective immediately, fully vaccinated people can resume activities without wearing a face covering over nose and mouth or physically distancing, except where required by federal, State or local laws, rules, and regulations, including local business and workplace guidance... Unvaccinated people are not required to wear face coverings over nose and mouth when they are in outdoor public spaces... Businesses and non-profit and government entities shall continue to implement measures notifying unvaccinated customers or clients of the requirement to wear masks or facial coverings in public indoor spaces.

Enforcement: Business notification duty; 20 V.S.A. § 40 (VT-103)

Citation: Governor Philip B. Scott, Addendum 16 to Amended and Restated Executive Order No. 01-20 (May 14, 2021) (Ex. VT-043) Open the exhibit

Ex. VT-071
Agency of Education guidance, Instructional Operations for Fall 2021 (rev. May 28, 2021)

Return to the normal regulatory framework; end of hybrid learning flexibility

Agency of Education, Vermont (State)

Dates
In force from May 28, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Schools and child care
Functions reached
IN instruction; RL remote and hybrid learning (2020-2021); WF
Grade
Primary source read
Days in this quarter
34 (in force on the last day)

Pursuant to the Governor's Emergency Order 01-20, the Agency of Education enabled a certain degree of operational flexibility for school districts... This flexibility included being able to toggle between in-person and remote learning as needed, and the ability to offer mixed modes of instruction under what became known as hybrid learning (see A Strong and Healthy Start: Hybrid Learning During the 2020-2021 School Year)... It is likely there will not be a state of emergency in the Fall of 2021 which means these guidance documents will no longer be applicable and the State will return to the normal regulatory framework for operating schools.

Enforcement: Guidance

Citation: Agency of Education, Agency of Education guidance, Instructional Operations for Fall 2021 (rev. May 28, 2021) (Ex. VT-071) Open the exhibit

Ex. VT-075
Memorandum, COVID-19 Prevention Recommendations for End of the School Year

School guidance loses force when the emergency ends; schools urged to follow 'A Strong and Healthy Year' to year end

Secretary of Education French and Commissioner of Health Levine, Vermont (State)

Dates
In force from May 28, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Schools and child care
Functions reached
IN; WF
Grade
Primary source read
Days in this quarter
34 (in force on the last day)

When the state of emergency ends, much of the COVID-19 guidance for schools promulgated by the Agency of Education and by the Health Department will no longer be in force since its underlying authority is derived from the Governor's Emergency Order 01-20. This includes our A Strong and Healthy Year guidance.

Enforcement: Recommendation after June 15, 2021

Citation: Secretary of Education French and Commissioner of Health Levine, Memorandum, COVID-19 Prevention Recommendations for End of the School Year (May 28, 2021) (Ex. VT-075) Open the exhibit

Ex. VT-044
Executive Order No. 06-21

COVID-19 Post-Emergency Recovery Activities

Governor Philip B. Scott, Vermont (State)

Dates
In force from June 15, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Emergency declarationAlcohol and barsQuarantine and isolationOther
Functions reached
QUAR isolation and quarantine oversight (VDH); LG non-congregate housing in hotels and motels; BA/DR alcohol to-go through July 1, 2021 (VT-079 description); WF (National Guard members in active State service)
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

National Guard assistance is a direct result of the need for additional vaccination and other recovery services following the termination of the statewide COVID-19 Declaration of Emergency issued March 13, 2020 as amended and restated, and which expired by its terms June 15, 2021... the Commissioner of VDH shall oversee COVID-19 related investigation and mitigation efforts for the duration of this Order. All local boards of health shall consult with and abide by the recommendations of the Commissioner of VDH prior to taking any action regarding isolation or quarantine of an individual(s)... Changes in public health mitigation measures or requirements impacting the general population shall require approval of the Governor... implement a temporary voluntary quarantine and isolation program utilizing non-congregate solutions.

Enforcement: Executive direction to State agencies and local boards of health

Citation: Governor Philip B. Scott, Executive Order No. 06-21 (June 15, 2021) (Ex. VT-044) Open the exhibit

Ex. VT-079
Governor's release, As State of Emergency Ends, Governor Phil Scott Acts to Ensure Continuity in Select Critical Services

State of Emergency expires at midnight June 15, 2021; EO 06-21 signed; June 14 directive to ACCD Secretary

Office of Governor Phil Scott (official release), Vermont (State)

Dates
In force from June 15, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Emergency declarationAlcohol and barsQuarantine and isolation
Functions reached
end of State restrictions; continuing federal layer
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

Governor Scott has removed all state COVID-19 restrictions and the State of Emergency will expire at midnight tonight... This order does the following: Maintains the National Guard's Active Services status... Extends Vermont's access to federal funding for expanded emergency non-congregate housing and feeding programs. Allows bars and restaurants to continue pick-up and delivery of alcoholic beverages for the two-week period between the expiration of the Emergency Declaration and July 1, when recently enacted legislation makes it permanent. In accordance with the Governor's June 14 directive to the Secretary of the Agency of Commerce and Community Development, all state restrictions have been lifted, though some situations are governed by federal guidelines, like public transportation and long-term care facilities.

Enforcement: n/a

Citation: Office of Governor Phil Scott (official release), Governor's release, As State of Emergency Ends, Governor Phil Scott Acts to Ensure Continuity in Select Critical Services (June 15, 2021) (Ex. VT-079) Open the exhibit

Ex. VT-058
Memorandum to the Vermont Bar, Update on COVID-19 Pandemic Measures

Judicial emergency continues after the Governor's order expired; mask policy; clerk windows; non-HVAC courthouses closed to in-person hearings

State Court Administrator Patricia Gabel, Vermont (Court)

Dates
In force from June 18, 2021 to Sept. 1, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT; PJ; CB
Grade
Primary source read
Days in this quarter
13 (in force on the last day)

The Governor's emergency order regarding COVID protocols expired because Vermont achieved an 80% vaccination rate. While this is a major milestone for all Vermonters, it is important to note that the judicial emergency is still in effect per the Supreme Court administrative order... Our protocols will be phasing out, but on a different timetable than that established by the Governor... Some court buildings are not approved for in-person hearings due to no or insufficient HVAC ventilation.

Enforcement: Court Administrator's operational authority under A.O. 49

Citation: State Court Administrator Patricia Gabel, Memorandum to the Vermont Bar, Update on COVID-19 Pandemic Measures (June 18, 2021) (Ex. VT-058) Open the exhibit

Ex. VT-057
Amendment to Administrative Order No. 49 (promulgated June 25, 2021)

Judicial emergency extended to September 7, 2021; Court Administrator authority over screening, masks and distancing in Judiciary buildings

Vermont Supreme Court (memo to the bar), Vermont (Court)

Dates
In force from June 25, 2021 to Nov. 1, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementCourts and public officesWorkplace rules
Functions reached
CT courts in the third quarter of 2021; PJ litigation; WF attorneys and staff
Grade
Confirmed from a secondary source
Days in this quarter
6 (in force on the last day)

The amendment extends this Administrative Order until September 7, 2021, but the extension does not imply that every provision in this iteration of Administrative Order 49 will remain in place until that time... because some Judiciary buildings do not have the air-handling capacity to accommodate large groups of people consistent with public health guidance, some continued changes in Judiciary operations are in order... The language of former § 7, governing access to court buildings, is replaced effective July 5, 2021... the Court Administrator retains the authority to adopt reasonable requirements relating to screening, masks and social distancing.

Enforcement: Order of the Supreme Court; PG-13 directive (VT-059, VT-060)

Citation: Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated June 25, 2021) (Ex. VT-057) Open the exhibit

Continuing in force from an earlier quarter of this report (19 instruments):

ExhibitCitationDatesLimitations
Ex. VT-025Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025)In force from June 15, 2020 to June 30, 2021Emergency declarationTelework mandateCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careHealth care ordersAlcohol and barsEvents and venuesCourts and public officesWorkplace rulesQuarantine and isolation
Ex. VT-035Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED] (Nov. 20, 2020) (Ex. VT-035)In force from Nov. 13, 2020 to June 30, 2021 (issued Nov. 20, 2020)Business closureTelework mandateGathering capCurfew and hoursAlcohol and barsWorkplace rulesQuarantine and isolation
Ex. VT-034Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 (Nov. 13, 2020) (Ex. VT-034)In force from Nov. 14, 2020 to June 30, 2021 (issued Nov. 13, 2020)Business closureTelework mandateGathering capCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolation
Ex. VT-093Office of Governor Phil Scott (official release); ACCD guidance, Governor's release, Governor Phil Scott Updates Gathering and Restaurant Table Seating Guidance (Mar. 12, 2021) (Ex. VT-093)In force from Mar. 12, 2021 to May 14, 2021Capacity limitGathering capFace-covering requirement
Ex. VT-001Governor Philip B. Scott, Executive Order No. 01-20 (Mar. 13, 2020) (Ex. VT-001)In force from Mar. 13, 2020 to June 30, 2021Emergency declarationTelework mandateGathering capHealth care ordersCourts and public offices
Ex. VT-049Vermont Supreme Court (memo to the bar by the State Court Administrator), Administrative Order No. 49 (Mar. 16, 2020) (Ex. VT-049)In force from Mar. 16, 2020 to Sept. 30, 2021Telework mandateGathering capCourts and public officesWorkplace rules
Ex. VT-006Governor Philip B. Scott, Gubernatorial Directive 3 to the Department of Motor Vehicles (Mar. 18, 2020) (Ex. VT-006)In force from Mar. 19, 2020 to June 30, 2021 (issued Mar. 18, 2020)Courts and public offices
Ex. VT-050Vermont Supreme Court (memo to the bar), Eighth Amendment to Administrative Order No. 49 (promulgated April 21, 2020) (Apr. 21, 2020) (Ex. VT-050)In force from Apr. 21, 2020 to Sept. 30, 2021Telework mandateFace-covering requirementCourts and public offices
Ex. VT-046Vermont General Assembly (S.333), signed by Governor Scott May 14, 2020, 2020 Acts and Resolves No. 101 (May 14, 2020) (Ex. VT-046)In force from May 14, 2020 to June 15, 2021Courts and public officesOther
Ex. VT-028Governor Philip B. Scott, Gubernatorial Directive No. 6 to All School Boards and Superintendents (July 29, 2020) (Ex. VT-028)In force from July 29, 2020 to June 15, 2021Schools and child care
Ex. VT-027Governor Philip B. Scott, Addendum 2 to Amended and Restated Executive Order No. 01-20 (July 24, 2020) (Ex. VT-027)In force from Aug. 1, 2020 to June 30, 2021 (issued July 24, 2020)Face-covering requirementWorkplace rules
Ex. VT-030Governor Philip B. Scott, Addendum 4 to Amended and Restated Executive Order 01-20 (Aug. 18, 2020) (Ex. VT-030)In force from Aug. 18, 2020 to June 30, 2021Schools and child careOther
Ex. VT-067Department of Financial Regulation, Emergency Rule H-2020-05-E (Sept. 16, 2020) (Ex. VT-067)In force from Sept. 16, 2020 to Sept. 30, 2021Health care ordersOther
Ex. VT-068Department of Financial Regulation, Emergency Rule H-2020-06-E (Oct. 23, 2020) (Ex. VT-068)In force from Oct. 23, 2020 to July 1, 2021Health care ordersOther
Ex. VT-080Office of Governor Phil Scott (official release); Secretary of ACCD under Amended and Restated EO 01-20 § 11(a), Governor's release, Governor Phil Scott Announces Pause to the State's Safe Travel Policy, Compliance Checks and Expanded Testing (cross-state travel map suspended; universal quarantine) (Nov. 10, 2020) (Ex. VT-080)In force from Nov. 10, 2020 to Feb. 23, 2021Travel and quarantineWorkplace rulesQuarantine and isolation
Ex. VT-054Vermont Supreme Court (memo to the bar), Nineteenth Amendment to Administrative Order No. 49 (promulgated December 22, 2020) (Dec. 22, 2020) (Ex. VT-054)In force from Dec. 22, 2020 to June 14, 2021Telework mandateCourts and public offices
Ex. VT-103Vermont General Assembly (statute as in force 2020-2021), 20 V.S.A. § 40 (Enforcement), as in force in 2020-2021 (repealed by 2023, No. 143 (Adj. Sess.), § 35, eff. July 1, 2024) (Mar. 1, 2021) (Ex. VT-103)In force from Mar. 1, 2021 to July 1, 2024Other
Ex. VT-039Governor Philip B. Scott, Addendum 12 to Amended and Restated Executive Order 01-20 (Mar. 15, 2021) (Ex. VT-039)In force from Mar. 15, 2021 to Apr. 15, 2021Emergency declarationCourts and public offices
Ex. VT-055Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated March 8, 2021) (Mar. 8, 2021) (Ex. VT-055)In force from Mar. 15, 2021 to June 30, 2021 (issued Mar. 8, 2021)Courts and public offices

Agencies, boards and authorities: Vermont

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-DMV-SOS-RECORDERS-050Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Act 95 of 2020 (S.114) (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050)In force from Apr. 28, 2020 to June 15, 2021Courts and public officesOther

End of general restrictions, State of Vermont: Governor Scott's June 14, 2021 directive to the Secretary of the Agency of Commerce and Community Development lifting all remaining State COVID-19 restrictions under Step 4 of the Vermont Forward Plan upon 80 percent first-dose vaccination of the eligible population (VT-098; announced VT-078), followed by the expiration by its own terms at midnight on June 15, 2021 of the Amended and Restated Executive Order 01-20 as last extended by Addendum 16 of May 14, 2021 (VT-043), recited in Executive Order 06-21 of June 15, 2021 (VT-044) and in the Governor's June 15 release (VT-079) (2021-06-14 (all State restrictions lifted, effective immediately); 2021-06-15 (State of Emergency expired at midnight)). What remained: Executive Order 06-21 (National Guard active service; VDH oversight of isolation and quarantine with local boards of health bound to the Commissioner's recommendations; non-congregate housing and emergency feeding; alcohol pick-up and delivery to July 1, 2021) (VT-044); Act 101's moratorium on ejectment and foreclosure through July 15, 2021 (VT-046); Vermont Supreme Court Administrative Order 49 (judicial emergency) to September 7, then November 1, 2021, then January 1 and March 1, 2022 (VT-057, VT-061, VT-062, VT-063) with Administrative Directive PG-13 (masks for all courthouse visitors; screening; limited-entry courthouses) (VT-059, VT-060); DFR Emergency Rules H-2021-01-E (July 1, 2021 to March 31, 2022) and H-2020-05-E (until the federal public health emergency ended) (VT-070, VT-067); Act 70 (7 V.S.A. § 230, off-premises alcohol sales from July 1, 2021) (VT-076); the State-employee vaccination and attest-or-test requirements of September 1 and September 15, 2021 (VT-083, VT-085); AOE/VDH advisory memoranda implemented by school boards as masking requirements (VT-072, VT-074, VT-094); federal masks on transit and school buses, the OSHA Healthcare ETS, CMS rules and the Canadian border restrictions (federal exhibits)

Preemption of local orders, State of Vermont: Vermont did not preempt local orders; it invited them. Addendum 14 (May 15, 2020) provided that 'The legislative body of each municipality may enact more strict local requirements regarding mask use than those set forth herein' (VT-021 ¶ 3), a sentence carried into § 7(f) of the Amended and Restated Order (VT-025) and Addenda 15 and 16 of 2021 (VT-042, VT-043); Addendum 17 (June 5, 2020) authorized municipalities to 'enact local requirements which are more strict than the guidance issued by ACCD regarding the operation of bars, catering facilities and restaurants' (VT-024 ¶ 8); Addendum 3 to the Amended and Restated Order (Aug. 14, 2020) authorized each city and town to enact gathering-size limits 'more restrictive than those established by the State' and to prescribe shorter hours of alcohol sales by bars and clubs (VT-029 ¶ 2); Addendum 15 (May 22, 2020) suspended enforcement of municipal permit requirements for outdoor food and beverage service unless the municipality disapproved a DLL outdoor consumption permit (VT-022 ¶ 3). Vermont's fourteen counties have no health powers; town health officers and local boards of health were directed to 'consult with and abide by the recommendations of the Commissioner of Health prior to taking any action regarding isolation or quarantine' (VT-001 ¶ 14; VT-025 § 1(c); VT-044 ¶ 2). Once the emergency expired on June 15, 2021 municipalities had no authority to require face coverings; the General Assembly supplied it only on November 23, 2021 by Act 1 of the 2021 Special Session (S.1), authorizing municipal legislative bodies to adopt temporary indoor face-covering rules, renewable every 30 days and expiring April 30, 2022 (VT-047; post-period). No Burlington or other municipal order was retrieved.

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

Federal layer

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State of Vermont

Ex. VT-059
Memorandum to the bar, Changes to Administrative Directive Regarding Court Operations (PG-13 amended July 6, 2021)

Masks required of all courthouse visitors at all times; six-foot distancing; unvaccinated-only rules rejected

State Court Administrator (Administrative Directive No. PG-13 as amended July 6, 2021), Vermont (Court)

Dates
In force from July 6, 2021 to Sept. 1, 2021
Quarters
2021 Q3
Limitations
Capacity limitFace-covering requirementCourts and public officesWorkplace rules
Functions reached
CT courts (Q3 2021); PJ; WF
Grade
Primary source read
Days in this quarter
58

Administrative Directive No. PG-13 sets forth the general rule that masks must be worn by all courthouse visitors at all times within the courthouse and that social distancing of at least six feet must be maintained to the extent possible... Courthouses without approved mechanical ventilation will require additional mitigation, such as the use of HEPA filtration, CO2 monitoring, and capacity limits.

Enforcement: Denial of entry or removal for non-compliance (PG-13 § B.3)

Citation: State Court Administrator (Administrative Directive No. PG-13 as amended July 6, 2021), Memorandum to the bar, Changes to Administrative Directive Regarding Court Operations (PG-13 amended July 6, 2021) (Ex. VT-059) Open the exhibit

Ex. VT-061
Amendment to Administrative Order No. 49 (promulgated September 1, 2021)

Judicial emergency extended to November 1, 2021; limited-entry courthouses with remote-only hearings

Vermont Supreme Court (memo to the bar), Vermont (Court)

Dates
In force from Sept. 1, 2021 to Jan. 1, 2022
Quarters
2021 Q3
Limitations
Telework mandateCapacity limitFace-covering requirementCourts and public offices
Functions reached
CT courts (Sept. 2021: Delta-wave re-tightening); PJ; WF
Grade
Confirmed from a secondary source
Days in this quarter
30 (in force on the last day)

Based on the climbing COVID-19 infection rate and projections of public-health experts concerning the course of the pandemic, § 2 is amended to extend the effective date of Administrative Order 49 until November 1, 2021... the Court Administrator is authorized to identify these as limited-entry courthouses. Hearings in limited-entry courthouses must be scheduled for remote participation unless the Court Administrator has identified courtrooms that can accommodate small in-person proceedings... mitigation measures for staff workspaces, including portable air filtration units, distancing of workspaces, tracking of employee vaccination status, and/or mask requirements where appropriate.

Enforcement: Order of the Supreme Court; Court Administrator directives

Citation: Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated September 1, 2021) (Sept. 1, 2021) (Ex. VT-061) Open the exhibit

Ex. VT-070
Emergency Rule H-2021-01-E

Access to Health Care Services Related to COVID-19

Department of Financial Regulation, Vermont (Sector regulator)

Dates
In force from July 1, 2021 to Mar. 31, 2022
Quarters
2021 Q3
Limitations
Health care ordersOther
Functions reached
IN insurer claims, billing and contracting operations (Q3 2021); OC/DX testing and treatment billing; CB payers
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

This emergency rule rescinds and supersedes the provisions of Rule H-2020-06-E... Health insurers shall process all claims for FDA-authorized SARS-CoV-2 testing with the following procedure codes without member cost-sharing... Health insurers shall process all claims for the following services without member cost-sharing: (1) medically necessary COVID-19 treatment, whether delivered in an inpatient or outpatient setting... This emergency rule shall become effective on adoption and, pursuant to the authority granted in Act 6 of 2021 (§ 8), shall remain in effect until March 31, 2022.

Enforcement: DFR

Citation: Department of Financial Regulation, Emergency Rule H-2021-01-E (July 1, 2021) (Ex. VT-070) Open the exhibit

Ex. VT-076
2021 Acts and Resolves No. 70

An act relating to miscellaneous amendments to alcoholic beverage laws (7 V.S.A. § 230: sale of alcoholic beverages for off-premises consumption)

Vermont General Assembly (H.313), signed by Governor Scott June 8, 2021, Vermont (State)

Dates
In force from July 1, 2021 to Sept. 30, 2021 (issued June 8, 2021)
Quarters
2021 Q3
Limitations
Alcohol and bars
Functions reached
BA bar and alcohol service (to-go); TO takeout and delivery; DR
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

The Board of Liquor and Lottery and the local control commissioners may authorize: (1) First- and third-class licensees to sell malt beverages, vinous beverages, and spirits-based prepared drinks for off-premises consumption. All sales of alcoholic beverages for off-premises consumption must be accompanied by a food order. (2) Second-class licensees to provide curbside pickup... This act shall take effect on July 1, 2021.

Enforcement: DLL licensing

Citation: Vermont General Assembly (H.313), signed by Governor Scott June 8, 2021, 2021 Acts and Resolves No. 70 (June 8, 2021) (Ex. VT-076) Open the exhibit

Ex. VT-096
Statement from Governor Phil Scott on the Canadian Border Travel Announcement

Canadian border reopening announcement (July 19, 2021): context for Vermont's border commerce in the third quarter of 2021

Governor Phil Scott (official statement), Vermont (State)

Dates
In force from July 19, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Travel and quarantine
Functions reached
TV/TR cross-border travel and tourism; SC cross-border supply; CB Canadian customers
Grade
Confirmed from a secondary source
Days in this quarter
74 (in force on the last day)

Enforcement: Federal (DHS; Canada Border Services Agency)

Citation: Governor Phil Scott (official statement), Statement from Governor Phil Scott on the Canadian Border Travel Announcement (July 19, 2021) (Ex. VT-096) Open the exhibit

Ex. VT-072
Agency of Education memorandum to superintendents, UPDATED: School District Authority to Require Masks

School boards may require masks as a condition of attendance and exclude non-compliant students

Secretary of Education Daniel M. French, Vermont (State)

Dates
In force from Aug. 18, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
IN instruction; WF workforce (excluded children at home); AC activities
Grade
Primary source read
Days in this quarter
44 (in force on the last day)

a school district can require compliance with a locally-adopted mask policy... School district boards are given broad authority to 'take any action that is required for the sound administration of the school district.' 16 V.S.A. § 563... A school district may adopt a policy requiring students to wear a mask at school, and may enforce the policy by refusing to admit a student who does not comply, as is the case with other school district attendance requirements.

Enforcement: Local school-board policy enforced by exclusion from school

Citation: Secretary of Education Daniel M. French, Agency of Education memorandum to superintendents, UPDATED: School District Authority to Require Masks (Aug. 18, 2021) (Ex. VT-072) Open the exhibit

Ex. VT-074
COVID-19 Advisory Memorandum, COVID-19 Contact Tracing for Fall 2021

Schools to conduct internal contact tracing and issue Health Department quarantine letters to close contacts

Secretary of Education French and Commissioner of Health Levine, Vermont (State)

Dates
In force from Aug. 19, 2021 to Sept. 23, 2021
Quarters
2021 Q3
Limitations
Schools and child careQuarantine and isolation
Functions reached
WF workforce (parents of quarantined students; quarantined staff); IN instruction; QUAR
Grade
Primary source read
Days in this quarter
36

PreK-12 schools will conduct internal contact tracing investigations when a student or staff was present in school or was at a school event while infectious... Notify close contacts at the school of their exposure using the 'quarantine letter' provided by the Health Department and provide testing guidance as needed.

Enforcement: Health Department contact tracing and quarantine recommendations administered through schools

Citation: Secretary of Education French and Commissioner of Health Levine, COVID-19 Advisory Memorandum, COVID-19 Contact Tracing for Fall 2021 (Aug. 19, 2021) (Ex. VT-074) Open the exhibit

Ex. VT-060
Administrative Directive No. PG-13, Health Screening and Safety Protocols for All Vermont Courthouses and Judiciary Facilities During the Judicial Emergency (amended March 8, July 1, July 6 and September 1, 2021)

Courthouse health screening, universal visitor masking, distancing, denial of entry, employee protocols

State Court Administrator, Vermont (Court)

Dates
In force from Sept. 1, 2021 to Jan. 5, 2022
Quarters
2021 Q3
Limitations
Face-covering requirementCourts and public officesWorkplace rulesVaccination or testing
Functions reached
CT courts and clerks' windows; PJ law firms' litigation and real estate closings requiring court filings; WF attorneys, staff, jurors; CB
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

Prior to entry, all courthouse visitors must respond to health screening questions to verify that they are not experiencing symptoms of illness... Masks must be worn by all courthouse visitors at all times within the courthouse, except as may be more particularly provided for in this Directive, and social distancing of at least six feet must be maintained to the extent possible... Persons who are experiencing one or more symptoms of illness or who fail to comply with mask and social distancing requirements will not be allowed to enter or, after entry, will be required to leave.

Enforcement: Denial of entry; removal; judicial officer decides how the hearing proceeds (§ B.3)

Citation: State Court Administrator, Administrative Directive No. PG-13, Health Screening and Safety Protocols for All Vermont Courthouses and Judiciary Facilities During the Judicial Emergency (amended March 8, July 1, July 6 and September 1, 2021) (Sept. 1, 2021) (Ex. VT-060) Open the exhibit

Ex. VT-083
Transcript, Governor Phil Scott and Dr. Mark Levine Discuss Delta, Vaccine Effectiveness and Pandemic Divisiveness at Weekly COVID-19 Briefing

State-employee vaccination requirement (24/7 facilities from Sept. 1, 2021; all executive-branch employees attest-or-test-and-mask from Sept. 15, 2021); school universal masking extended to Oct. 4, 2021

Governor Phil Scott (official transcript of the September 8, 2021 press conference), Vermont (State)

Dates
In force from Sept. 1, 2021 to Sept. 30, 2021 (issued Sept. 8, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careWorkplace rulesVaccination or testing
Functions reached
WF State workforce and contractors in State facilities; HR vaccination attestation and testing; IC infection control in State-run health and correctional facilities; IN schools; WF parents of masked and quarantined students
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

last month I announced we were moving forward with a vaccine requirement for state employees in certain areas, like Corrections, the Veterans' Home and the State Psychiatric Hospital, which went into effect on September 1... We have now notified the State Employees Union that, effective September 15, all State of Vermont executive branch employees will be required to attest they are vaccinated or be subject to at least weekly testing and mandatory masking at work... today we're updating our advisory memo asking schools to maintain the universal masking requirement, regardless of vaccination status, until October 4... By encouraging schools to implement the State's recommendations, we've essentially achieved a universal masking requirement in schools, without a State of Emergency.

Enforcement: Condition of State employment (testing and masking for the unvaccinated or unattested); school-board policies enforced by exclusion (VT-072)

Citation: Governor Phil Scott (official transcript of the September 8, 2021 press conference), Transcript, Governor Phil Scott and Dr. Mark Levine Discuss Delta, Vaccine Effectiveness and Pandemic Divisiveness at Weekly COVID-19 Briefing (Sept. 8, 2021) (Ex. VT-083) Open the exhibit

Ex. VT-084
Transcript, Governor Phil Scott Discusses Start of the School Year, Vaccines and Vermont Data at Weekly COVID-19 Briefing

Vaccine requirement for State employees in Corrections, the Veterans' Home and the State Psychiatric Hospital announced 'a few weeks ago'; school masking near-universal

Governor Phil Scott (official transcript of the August 31, 2021 press conference), Vermont (State)

Dates
In force from Sept. 1, 2021 to Sept. 30, 2021 (issued Aug. 31, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careVaccination or testing
Functions reached
WF; HR; IC
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

Speaking of vaccines, as you recall, a few weeks ago I announced my team was moving forward with a vaccine requirement for State employees, including in Corrections, the Veterans' Home and the State Psychiatric Hospital.

Enforcement: Condition of State employment

Citation: Governor Phil Scott (official transcript of the August 31, 2021 press conference), Transcript, Governor Phil Scott Discusses Start of the School Year, Vaccines and Vermont Data at Weekly COVID-19 Briefing (Aug. 31, 2021) (Ex. VT-084) Open the exhibit

Ex. VT-085
Transcript, Governor Phil Scott Discusses Latest COVID-19 Trends at Weekly Press Conference

All State employees must be vaccinated or wear a mask and test, effective the week of September 15, 2021; every school but one has a masking requirement

Governor Phil Scott (official transcript of the September 21, 2021 press conference), Vermont (State)

Dates
In force from Sept. 15, 2021 to Sept. 30, 2021 (issued Sept. 21, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careVaccination or testing
Functions reached
WF; HR; IN schools
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

we've implemented a policy effective this week that all state employees must either be vaccinated or wear a mask and test. Remember, we have about 8,000 state employees. I also continue to urge employers and schools to adopt a similar policy while we await more details on the President's proposal for vaccine requirements... every school but one has a masking requirement, which means we effectively have a mask mandate in schools.

Enforcement: Condition of State employment

Citation: Governor Phil Scott (official transcript of the September 21, 2021 press conference), Transcript, Governor Phil Scott Discusses Latest COVID-19 Trends at Weekly Press Conference (Sept. 21, 2021) (Ex. VT-085) Open the exhibit

Ex. VT-094
COVID-19 Advisory Memorandum, UPDATED: COVID-19 Prevention Measures for Fall 2021 (September 28, 2021 version)

Universal indoor masking in schools should be required until November 1, 2021; masks for students under 12; federal bus mask rule

Secretary of Education French and Commissioner of Health Levine, Vermont (State)

Dates
In force from Sept. 28, 2021 to Oct. 26, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careQuarantine and isolation
Functions reached
IN instruction; TR school transport; WF parents; QUAR isolation and quarantine of students and staff
Grade
Primary source read
Days in this quarter
3 (in force on the last day)

Based on the current data, it appears that a state of emergency will not be justified this year. Because of this, we will issue a series of advisory memos instead of formal guidance documents... schools should require universal masking for all students and staff when indoors until November 1, 2021... Masks should be required indoors for students younger than 12, who are not eligible to be vaccinated at this time... Masks are currently required for all passengers on buses per federal regulation, regardless of age or vaccination status.

Enforcement: School-board policies enforced by exclusion (VT-072); federal bus mask order

Citation: Secretary of Education French and Commissioner of Health Levine, COVID-19 Advisory Memorandum, UPDATED: COVID-19 Prevention Measures for Fall 2021 (September 28, 2021 version) (Sept. 28, 2021) (Ex. VT-094) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. VT-049Vermont Supreme Court (memo to the bar by the State Court Administrator), Administrative Order No. 49 (Mar. 16, 2020) (Ex. VT-049)In force from Mar. 16, 2020 to Sept. 30, 2021Telework mandateGathering capCourts and public officesWorkplace rules
Ex. VT-050Vermont Supreme Court (memo to the bar), Eighth Amendment to Administrative Order No. 49 (promulgated April 21, 2020) (Apr. 21, 2020) (Ex. VT-050)In force from Apr. 21, 2020 to Sept. 30, 2021Telework mandateFace-covering requirementCourts and public offices
Ex. VT-046Vermont General Assembly (S.333), signed by Governor Scott May 14, 2020, 2020 Acts and Resolves No. 101 (May 14, 2020) (Ex. VT-046)In force from May 14, 2020 to June 15, 2021Courts and public officesOther
Ex. VT-067Department of Financial Regulation, Emergency Rule H-2020-05-E (Sept. 16, 2020) (Ex. VT-067)In force from Sept. 16, 2020 to Sept. 30, 2021Health care ordersOther
Ex. VT-103Vermont General Assembly (statute as in force 2020-2021), 20 V.S.A. § 40 (Enforcement), as in force in 2020-2021 (repealed by 2023, No. 143 (Adj. Sess.), § 35, eff. July 1, 2024) (Mar. 1, 2021) (Ex. VT-103)In force from Mar. 1, 2021 to July 1, 2024Other
Ex. VT-071Agency of Education, Agency of Education guidance, Instructional Operations for Fall 2021 (rev. May 28, 2021) (Ex. VT-071)In force from May 28, 2021 to Sept. 30, 2021Schools and child care
Ex. VT-044Governor Philip B. Scott, Executive Order No. 06-21 (June 15, 2021) (Ex. VT-044)In force from June 15, 2021 to Sept. 30, 2021Emergency declarationAlcohol and barsQuarantine and isolationOther
Ex. VT-058State Court Administrator Patricia Gabel, Memorandum to the Vermont Bar, Update on COVID-19 Pandemic Measures (June 18, 2021) (Ex. VT-058)In force from June 18, 2021 to Sept. 1, 2021Face-covering requirementCourts and public offices
Ex. VT-057Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated June 25, 2021) (Ex. VT-057)In force from June 25, 2021 to Nov. 1, 2021Face-covering requirementCourts and public officesWorkplace rules

Agencies, boards and authorities: Vermont

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-DMV-SOS-RECORDERS-050Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Act 95 of 2020 (S.114) (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050)In force from Apr. 28, 2020 to June 15, 2021Courts and public officesOther

End of general restrictions, State of Vermont: Governor Scott's June 14, 2021 directive to the Secretary of the Agency of Commerce and Community Development lifting all remaining State COVID-19 restrictions under Step 4 of the Vermont Forward Plan upon 80 percent first-dose vaccination of the eligible population (VT-098; announced VT-078), followed by the expiration by its own terms at midnight on June 15, 2021 of the Amended and Restated Executive Order 01-20 as last extended by Addendum 16 of May 14, 2021 (VT-043), recited in Executive Order 06-21 of June 15, 2021 (VT-044) and in the Governor's June 15 release (VT-079) (2021-06-14 (all State restrictions lifted, effective immediately); 2021-06-15 (State of Emergency expired at midnight)). What remained: Executive Order 06-21 (National Guard active service; VDH oversight of isolation and quarantine with local boards of health bound to the Commissioner's recommendations; non-congregate housing and emergency feeding; alcohol pick-up and delivery to July 1, 2021) (VT-044); Act 101's moratorium on ejectment and foreclosure through July 15, 2021 (VT-046); Vermont Supreme Court Administrative Order 49 (judicial emergency) to September 7, then November 1, 2021, then January 1 and March 1, 2022 (VT-057, VT-061, VT-062, VT-063) with Administrative Directive PG-13 (masks for all courthouse visitors; screening; limited-entry courthouses) (VT-059, VT-060); DFR Emergency Rules H-2021-01-E (July 1, 2021 to March 31, 2022) and H-2020-05-E (until the federal public health emergency ended) (VT-070, VT-067); Act 70 (7 V.S.A. § 230, off-premises alcohol sales from July 1, 2021) (VT-076); the State-employee vaccination and attest-or-test requirements of September 1 and September 15, 2021 (VT-083, VT-085); AOE/VDH advisory memoranda implemented by school boards as masking requirements (VT-072, VT-074, VT-094); federal masks on transit and school buses, the OSHA Healthcare ETS, CMS rules and the Canadian border restrictions (federal exhibits)

Preemption of local orders, State of Vermont: Vermont did not preempt local orders; it invited them. Addendum 14 (May 15, 2020) provided that 'The legislative body of each municipality may enact more strict local requirements regarding mask use than those set forth herein' (VT-021 ¶ 3), a sentence carried into § 7(f) of the Amended and Restated Order (VT-025) and Addenda 15 and 16 of 2021 (VT-042, VT-043); Addendum 17 (June 5, 2020) authorized municipalities to 'enact local requirements which are more strict than the guidance issued by ACCD regarding the operation of bars, catering facilities and restaurants' (VT-024 ¶ 8); Addendum 3 to the Amended and Restated Order (Aug. 14, 2020) authorized each city and town to enact gathering-size limits 'more restrictive than those established by the State' and to prescribe shorter hours of alcohol sales by bars and clubs (VT-029 ¶ 2); Addendum 15 (May 22, 2020) suspended enforcement of municipal permit requirements for outdoor food and beverage service unless the municipality disapproved a DLL outdoor consumption permit (VT-022 ¶ 3). Vermont's fourteen counties have no health powers; town health officers and local boards of health were directed to 'consult with and abide by the recommendations of the Commissioner of Health prior to taking any action regarding isolation or quarantine' (VT-001 ¶ 14; VT-025 § 1(c); VT-044 ¶ 2). Once the emergency expired on June 15, 2021 municipalities had no authority to require face coverings; the General Assembly supplied it only on November 23, 2021 by Act 1 of the 2021 Special Session (S.1), authorizing municipal legislative bodies to adopt temporary indoor face-covering rules, renewable every 30 days and expiring April 30, 2022 (VT-047; post-period). No Burlington or other municipal order was retrieved.

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

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):

5. Standing duties in Vermont

Vermont placed every employer under three layers of standing law before Executive Order 01-20 issued on March 13, 2020, and every order in the chain was written on top of them. First, Title 18 (Health). Section 126 lets the Commissioner of Health (and, locally, the selectboard) issue a health order to 'prevent, remove, or destroy any public health hazard' or 'mitigate a significant public health risk', effective upon issuance, requiring 'any person responsible for contributing to the public health hazard or significant public health risk to take actions to protect the public health', including 'the quarantine or isolation of any area, persons, animals, or materials', 'the closing of and the prohibition of assemblage in any food or lodging establishment, church, school, or any other place of assemblage', 'the cessation of any acts, discharges, or processes contributing to a public health hazard' and 'any other affirmative acts or prohibitions necessary to mitigate a significant public health risk' (Ex. DUT-VT-001); section 127 lets any health officer issue an emergency health order without a prior hearing against 'an imminent and substantial public health hazard' (Ex. DUT-VT-002); section 2 defines 'public health hazard' as 'the potential harm to the public health by virtue of any condition or any biological, chemical, or physical agent' and 'significant public health risk' as one 'of such magnitude that the Commissioner or a local health officer has reason to believe that it must be mitigated' (Ex. DUT-VT-007); section 1004a gives the Commissioner 'the power to quarantine a person diagnosed with or suspected of having a disease dangerous to the public health' (Ex. DUT-VT-005); section 602a commands every local health officer to investigate every reported hazard, to 'enforce the provisions of this title' and to 'take the steps necessary to enforce all orders issued pursuant to chapter 3 of this title' (Ex. DUT-VT-008); section 613 lets a local board of health 'make and enforce rules... relating to the prevention, removal, or destruction of public health hazards and the mitigation of public health risks' (Ex. DUT-VT-009); section 1418 lets the Commissioner of Health 'by order require an employer to provide protective equipment... or take any other action necessary to remove or control a health hazard', and makes the employer's failure 'a violation of the VOSHA Code' (Ex. DUT-VT-010). The teeth are in sections 130 and 131: civil penalties 'not to exceed $10,000.00 for each violation', each day a separate violation, with injunctions (Ex. DUT-VT-003), and a criminal fine of up to $5,000 per day for any person 'who fails or neglects to obey or comply with an order', rising to $25,000 or six months' imprisonment for refusal or for knowingly creating a public health hazard (Ex. DUT-VT-004). Second, Title 20 (Emergency Management). Section 9 gives the Governor, upon declaring a state of emergency, the power 'to enforce all laws and rules relating to emergency management' and to 'give such directions to the State or local boards of health as may be reasonably necessary' (Ex. DUT-VT-011); section 24 makes 'any person violating any provision of this chapter or any rule or order adopted pursuant to this chapter' punishable 'upon conviction' by a fine of up to $500 or six months' imprisonment, or both (Ex. DUT-VT-012); section 40, as in force in 2020-2021, added a civil fine of up to $1,000 for each violation, 'each day a violation continues' a separate violation, and an Attorney General's action for injunctive relief (Ex. VT-103, already in the library); section 20 confers immunity only on persons 'involved in emergency management activities' for loss 'resulting from an emergency management service or response activity' and only 'except in the case of willful misconduct or gross negligence' (Ex. DUT-VT-013). Vermont enacted no general business liability shield; the only COVID-19 immunity it extended ran through section 20, and the Governor's interpretive rule confined it to health care facilities, providers and volunteers performing COVID-19 emergency response activities, the first listed of which is 'expedited postponement of non-essential adult elective surgery and medical and surgical procedures... as ordered by Addendum 3 of the Executive Order' (Ex. VT-014 paragraph 6; Ex. VT-025 section 15). Third, Title 21 (Labor). Vermont is a State-plan State. Section 223(a) commands that 'each employer shall furnish to each of the employer's employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or significant physical harm to the employees; and the employer shall comply with safety and health standards adopted under the VOSHA Code' (Ex. DUT-VT-014); section 224 commands the Commissioner of Labor to adopt the safety and health standards of the VOSHA Code (Ex. DUT-VT-016); section 210 fixes the penalties, up to $12,675 for each serious violation and up to $126,749 for each willful or repeated violation, 'not less than $5,000.00 for each willful violation' (Ex. DUT-VT-015). VOSHA adopted the federal COVID-19 Healthcare Emergency Temporary Standard (29 C.F.R. 1910.502, 1910.504, 1910.505, 1910.509) as a VOSHA rule posted July 13, 2021, so that in the third quarter of 2021 every Vermont employer in a setting 'where any employee provides healthcare services or healthcare support services' was bound by its COVID-19 plan, patient screening, distancing, barrier, PPE, ventilation, cleaning, vaccination-leave and training requirements (Ex. DUT-VT-017). The orders then built on all three layers. Addenda 10, 11 and 12 (April 17, April 24 and May 1, 2020) ordered that every operating business 'shall implement the following physical distancing, health and sanitation measures in accordance with Vermont Department of Health, CDC and Agency of Commerce and Community Development (ACCD) guidelines', each written as 'shall' or 'must': sick employees 'shall not report to, or be allowed to remain at, work'; employees 'must observe strict social distancing of six feet' and 'must wear face coverings'; pre-shift screening 'shall be required'; signs 'must be posted'; every operation 'shall designate a health officer on-site at every shift' with 'the authority to stop or modify activities to ensure work conforms with the mandatory health and safety requirements'; and every employee 'must complete, and employers must document, a mandatory training on health and safety requirements as provided by VOSHA' by May 4, 2020 (Exs. VT-015, VT-016, VT-017). From June 15, 2020 to June 14, 2021 the Amended and Restated Executive Order made the ACCD Work Safe Guidance the condition of every operation: 'all business, non-profit and government entity operations... shall only operate in accordance with the occupancy limits and physical distancing, health and sanitation and training requirements set forth in ACCD Work Safe Guidance', and entities 'that do not meet' them 'shall suspend in-person business operations' (Ex. VT-025 section 9(b)); clinicians 'shall operate only in accordance with the mitigation requirements and procedures issued by the Commissioner of VDH' (section 4(a)); child care providers 'shall only operate in accordance with' AHS requirements (section 12(c)); every employer 'shall encourage and facilitate telework' (section 9(e)); and VOSHA, health inspectors, agriculture inspectors and liquor enforcement officers were directed to 'ensure businesses... have the information necessary to comply with the health and safety requirements set forth in ACCD Work Safe Guidance' (section 9(f)). The Guidance itself, in the July 31, 2020 version captured August 5, 2020, opened: 'the following is required of all businesses currently operating and those re-started: MANDATORY HEALTH & SAFETY REQUIREMENTS FOR ALL BUSINESS, NON-PROFIT & GOVERNMENT OPERATIONS. All businesses must follow Vermont Department of Health and CDC guidelines' (Ex. DUT-VT-006). The August 1, 2020 mask order commanded that businesses 'shall implement measures notifying customers or clients of the requirement to wear masks', including 'denial of entry or service' (Ex. VT-027); the November 14, 2020 order commanded that restaurants and public accommodations 'shall maintain' a thirty-day contact log and that every business 'shall reinstitute, to the maximum extent possible... telecommuting', with non-compliance referable 'to the Office of the Attorney General for enforcement' (Ex. VT-034). Where an instrument only recommended, the record says so: Addendum 14 used 'should' and 'are encouraged' for the general public (Ex. VT-021), and customer mask use was 'encouraged' before August 1, 2020 (Exs. VT-015 to VT-017). The Attorney General enforced the orders in court: on May 15, 2020 the State sued Club Fitness of Vermont and its owner in Rutland Superior Court for 'operating a fitness center in violation of Executive Order 01-20, Addendum 4', asking the court 'to shut down the facility, as required under the Governor's executive orders', and obtained a temporary restraining order the same day (Ex. DUT-VT-018); Judge Robert Mello dismissed the owner's constitutional counterclaims in a nineteen-page decision of September 2020, holding that the actions of 'the State, Governor and Attorney General do not amount to governmental taking', with civil penalties of up to $1,000 for each day of violation still pending (Ex. DUT-VT-019); the case settled in January 2021 with the owner's agreement 'to comply with Gov. Phil Scott's executive order' and a $1,000 payment (Ex. DUT-VT-020).

The phase question

Whether the measures employers took 'beyond' the orders were voluntary. Vermont answer: the measures were the performance of duties imposed by statute (18 V.S.A. sections 2, 126, 127, 130, 131, 602a, 613, 1004a and 1418; 20 V.S.A. sections 9, 20, 24 and 40; 21 V.S.A. sections 210, 223 and 224), by the Governor's orders themselves, which made every operation conditional on the ACCD Work Safe requirements ('shall only operate in accordance with', Amended and Restated Executive Order 01-20 section 9(b), Ex. VT-025) and on the mandatory employer measures written into Addenda 10 to 12 ('must', 'shall'), by the ACCD Work Safe Guidance those orders incorporated ('the following is required of all businesses'; 'MANDATORY HEALTH & SAFETY REQUIREMENTS FOR ALL BUSINESS, NON-PROFIT & GOVERNMENT OPERATIONS', Ex. DUT-VT-006), and by the VOSHA COVID-19 Healthcare Emergency Temporary Standard in the third quarter of 2021 (Ex. DUT-VT-017); every violation of an order was a crime (20 V.S.A. section 24) and a civil violation at $1,000 per day (20 V.S.A. section 40, Ex. VT-103), and the Attorney General enforced it in court (State v. Club Fitness of Vermont, Rutland Superior Court, May 2020 to January 2021, Exs. DUT-VT-018 to DUT-VT-020).

The State's standing duties

Ex. DUT-VT-001

18 V.S.A. sec. 126 (Health orders)

Health orders

Vermont General Assembly (Title 18, Health; chapter 3, Department of Health), Vermont (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

A health order shall be effective upon issuance and may require any person responsible for contributing to the public health hazard or significant public health risk to take actions to protect the public health... (5) the quarantine or isolation of any area, persons... (6) the closing of and the prohibition of assemblage in any food or lodging establishment... or any other place of assemblage

Enforcement: 18 V.S.A. sec. 130(b)(6): civil penalty not to exceed $10,000 for each violation, each day of a continuing violation a separate violation, with injunctive relief (Ex. DUT-VT-003); 18 V.S.A. sec. 131(a)-(b): fine up to $5,000 for failing or neglecting to obey an order, up to $25,000 or six months' imprisonment or both for refusing to obey (Ex. DUT-VT-004)

Citation: Vermont General Assembly (Title 18, Health; chapter 3, Department of Health), 18 V.S.A. sec. 126 (Health orders) (standing) (Ex. DUT-VT-001) Open the exhibit

Ex. DUT-VT-002

18 V.S.A. sec. 127 (Emergency health orders)

Emergency health orders

Vermont General Assembly (Title 18, chapter 3), Vermont (State)

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

A health officer may, without a prior hearing, issue an emergency health order when necessary to prevent, remove, or destroy an imminent and substantial public health hazard or to mitigate an imminent and substantial significant public health risk. Such order may include any actions available under section 126 of this title. An emergency health order shall be effective upon actual notice

Enforcement: 18 V.S.A. sec. 130 (civil penalties up to $10,000 per violation per day; injunction) and sec. 131 (criminal fine up to $5,000 per day; refusal: up to $25,000 or six months, or both)

Citation: Vermont General Assembly (Title 18, chapter 3), 18 V.S.A. sec. 127 (Emergency health orders) (standing) (Ex. DUT-VT-002) Open the exhibit

Ex. DUT-VT-003

18 V.S.A. sec. 130 (Civil enforcement)

Civil enforcement

Vermont General Assembly (Title 18, chapter 3), Vermont (State)

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

The Commissioner, or a local board of health, may bring an action in the Superior Court... to enforce the provisions of this title, or the rules, permits, or orders issued pursuant to this title... (6) Levying civil penalties not to exceed $10,000.00 for each violation. In the case of a continuing violation, each day's continuance may be deemed a separate violation.

Enforcement: civil penalty not to exceed $10,000 for each violation, each day of a continuing violation a separate violation; injunctive relief; remedial orders; compensation and reimbursement of governmental expenditures (sec. 130(b)(1)-(6))

Citation: Vermont General Assembly (Title 18, chapter 3), 18 V.S.A. sec. 130 (Civil enforcement) (standing) (Ex. DUT-VT-003) Open the exhibit

Ex. DUT-VT-004

18 V.S.A. sec. 131 (Criminal penalty)

Criminal penalty

Vermont General Assembly (Title 18, chapter 3), Vermont (State)

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

Any person who violates a provision of this title or who fails or neglects to obey or comply with an order or the terms of a permit issued under this title shall be fined not more than $5,000.00. Each violation shall be a separate offense and, in the case of a continuing violation, each day's continuance shall be deemed a separate violation.

Enforcement: sec. 131(a): fine up to $5,000, each day a separate violation; sec. 131(b): fine up to $25,000 or imprisonment up to six months, or both, each day a separate violation; sec. 131(d): fine up to $1,000 for hindering

Citation: Vermont General Assembly (Title 18, chapter 3), 18 V.S.A. sec. 131 (Criminal penalty) (standing) (Ex. DUT-VT-004) Open the exhibit

Ex. DUT-VT-005

18 V.S.A. sec. 1004a (Quarantine)

Quarantine

Vermont General Assembly (Title 18, chapter 21, Communicable Diseases), Vermont (State)

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

The Commissioner of Health shall have the power to quarantine a person diagnosed with or suspected of having a disease dangerous to the public health.

Enforcement: 18 V.S.A. sec. 130 (civil) and sec. 131 (criminal) for failing to obey an order issued under Title 18

Citation: Vermont General Assembly (Title 18, chapter 21, Communicable Diseases), 18 V.S.A. sec. 1004a (Quarantine) (standing) (Ex. DUT-VT-005) Open the exhibit

Ex. DUT-VT-006

ACCD Work Safe Guidance: 'Update 20 - New Work Safe Additions to the Be Smart, Stay Safe Order' (memorandum to Vermont Businesses and Employers, July 31, 2020), as captured by the Internet Archive on August 5, 2020

Update on New Work Safe Additions to the Be Smart, Stay Safe Order: Mandatory Health & Safety Requirements for All Business, Non-Profit & Government Operations; Phased Restart sector guidance

Agency of Commerce and Community Development (Secretary Lindsay Kurrle), under Executive Order 01-20 Addenda 10-12 and Amended and Restated Executive Order 01-20 secs. 9(b) and 11, Vermont (State)

Dates
Standing (2020-07-31 (this version); the Guidance as a whole was the mandatory condition of operation from April 20, 2020 (Addendum 10) and, by incorporation in sec. 9(b) of the Amended and Restated Order, from June 15, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rulesQuarantine and isolationStanding dutyOperating condition
Character
guidance incorporated
Grade
Primary source read

To that end, the following is required of all businesses currently operating and those re-started: MANDATORY HEALTH & SAFETY REQUIREMENTS FOR ALL BUSINESS, NON-PROFIT & GOVERNMENT OPERATIONS. All businesses must follow Vermont Department of Health and CDC guidelines: Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic...

Enforcement: incorporated by Amended and Restated EO 01-20 sec. 9(b): entities not meeting the requirements 'shall suspend in-person business operations'; violation of the Order is an offense under 20 V.S.A. sec. 24 (Ex. DUT-VT-012) and a civil violation at $1,000 per day under 20 V.S.A. sec. 40 (Ex. VT-103); compliance verified by VOSHA, health, agriculture and liquor enforcement officers (EO 01-20 A&R sec.…

Citation: Agency of Commerce and Community Development (Secretary Lindsay Kurrle), under Executive Order 01-20 Addenda 10-12 and Amended and Restated Executive Order 01-20 secs. 9(b) and 11, ACCD Work Safe Guidance: 'Update 20 - New Work Safe Additions to the Be Smart, Stay Safe Order' (memorandum to Vermont Businesses and Employers, July 31, 2020), as captured by the Internet Archive on August 5, 2020 (Ex. DUT-VT-006) Open the exhibit

Ex. DUT-VT-007

18 V.S.A. sec. 2 (Definitions), subdivisions (4), (9), (10), (12)

Definitions: 'Health officer', 'Public health hazard', 'Public health risk', 'Significant public health risk'

Vermont General Assembly (Title 18, chapter 1, Administration), Vermont (State)

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

"Public health hazard" means the potential harm to the public health by virtue of any condition or any biological, chemical, or physical agent.... "Significant public health risk" means a public health risk of such magnitude that the Commissioner or a local health officer has reason to believe that it must be mitigated.

Enforcement: none in itself; operative through 18 V.S.A. secs. 126, 127, 130, 131, 602a, 613

Citation: Vermont General Assembly (Title 18, chapter 1, Administration), 18 V.S.A. sec. 2 (Definitions), subdivisions (4), (9), (10), (12) (standing) (Ex. DUT-VT-007) Open the exhibit

Ex. DUT-VT-008

18 V.S.A. sec. 602a (Duties of local health officers)

Duties of local health officers

Vermont General Assembly (Title 18, chapter 11, Local Health Officials), Vermont (State)

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

A local health officer... shall: (1) upon receipt of information regarding a condition that may be a public health hazard, conduct an investigation; (2) enforce the provisions of this title... (3) prevent, remove, or destroy any public health hazard... (4) in consultation with the Department, take the steps necessary to enforce all orders issued pursuant to chapter 3

Enforcement: enforced through 18 V.S.A. secs. 127 (emergency health orders), 130 (civil) and 131 (criminal); sec. 617: a sheriff, constable or police officer who refuses assistance is fined up to $200

Citation: Vermont General Assembly (Title 18, chapter 11, Local Health Officials), 18 V.S.A. sec. 602a (Duties of local health officers) (standing) (Ex. DUT-VT-008) Open the exhibit

Ex. DUT-VT-009

18 V.S.A. sec. 613 (Powers of local board)

Powers of local board

Vermont General Assembly (Title 18, chapter 11), Vermont (State)

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

A local board of health may make and enforce rules in such town or city relating to the prevention, removal, or destruction of public health hazards and the mitigation of public health risks, provided that such rules have been approved by the Commissioner. Such rules shall be posted and published in the same manner that ordinances of the municipality are required to be posted and published.

Enforcement: 18 V.S.A. sec. 130 (action by the local board of health; civil penalties up to $10,000 per violation) and sec. 131 (criminal); municipal ordinance enforcement

Citation: Vermont General Assembly (Title 18, chapter 11), 18 V.S.A. sec. 613 (Powers of local board) (standing) (Ex. DUT-VT-009) Open the exhibit

Ex. DUT-VT-010

18 V.S.A. sec. 1418 (Control equipment)

Control equipment: Commissioner of Health's order to an employer to remove or control a health hazard

Vermont General Assembly (Title 18, chapter 28, Occupational Health), Vermont (State)

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

The Commissioner of Health may by order require an employer to provide protective equipment, install and maintain control appliances and equipment, or take any other action necessary to remove or control a health hazard or to prevent a health hazard from becoming injurious. Failure to do so within the time limited by the Director shall be a violation of the VOSHA Code

Enforcement: violation of the VOSHA Code, reported to the Commissioner of Labor: civil penalties under 21 V.S.A. sec. 210 (Ex. DUT-VT-015)

Citation: Vermont General Assembly (Title 18, chapter 28, Occupational Health), 18 V.S.A. sec. 1418 (Control equipment) (standing) (Ex. DUT-VT-010) Open the exhibit

Ex. DUT-VT-011

20 V.S.A. sec. 9 (Emergency powers of Governor)

Emergency powers of Governor

Vermont General Assembly (Title 20, chapter 1, Emergency Management), Vermont (State)

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

the Governor may proclaim a state of emergency... (1) To enforce all laws, rules, and regulations relating to emergency management... (4) To employ such measures and give such directions to the State or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this chapter.

Enforcement: 20 V.S.A. sec. 24 (criminal: fine up to $500 or six months, or both) (Ex. DUT-VT-012); 20 V.S.A. sec. 40 as in force 2020-2021 (civil: $1,000 per violation per day; Attorney General's injunction) (Ex. VT-103)

Citation: Vermont General Assembly (Title 20, chapter 1, Emergency Management), 20 V.S.A. sec. 9 (Emergency powers of Governor) (standing) (Ex. DUT-VT-011) Open the exhibit

Ex. DUT-VT-012

20 V.S.A. sec. 24 (Penalties)

Penalties: violation of any rule or order adopted pursuant to the emergency management chapter

Vermont General Assembly (Title 20, chapter 1), Vermont (State)

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

Any person violating any provision of this chapter or any rule or order adopted pursuant to this chapter, which rule or order shall be filed with the Secretary of State, shall, upon conviction, be punishable by a fine not exceeding $500.00 or imprisonment not exceeding six months, or both.

Enforcement: upon conviction, fine not exceeding $500 or imprisonment not exceeding six months, or both; cumulative with the civil fine of $1,000 per violation per day and the Attorney General's injunction under 20 V.S.A. sec. 40 as in force 2020-2021 (Ex. VT-103)

Citation: Vermont General Assembly (Title 20, chapter 1), 20 V.S.A. sec. 24 (Penalties) (standing) (Ex. DUT-VT-012) Open the exhibit

Ex. DUT-VT-013

20 V.S.A. sec. 20 (Immunities and defenses)

Immunities and defenses

Vermont General Assembly (Title 20, chapter 1), Vermont (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationHealth care ordersStanding duty
Character
liability shield condition
Grade
Primary source read

Except in the case of willful misconduct or gross negligence, the State; any of its agencies; State employees...; or an individual, partnership, association, or corporation involved in emergency management activities shall not be liable for the death of or any injury to persons or loss or damage to property resulting from an emergency management service or response activity

Enforcement: none; the condition is the loss of immunity: liability for willful misconduct or gross negligence and for any act outside 'emergency management service or response activity'

Citation: Vermont General Assembly (Title 20, chapter 1), 20 V.S.A. sec. 20 (Immunities and defenses) (standing) (Ex. DUT-VT-013) Open the exhibit

Ex. DUT-VT-014

21 V.S.A. sec. 223 (Duties)

Duties of employers and employees (Vermont general duty clause)

Vermont General Assembly (Title 21, chapter 3, subchapter 5, Occupational Safety and Health: the VOSHA Code), Vermont (State)

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

Each employer shall furnish to each of the employer's employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or significant physical harm to the employees; and the employer shall comply with safety and health standards adopted under the VOSHA Code.

Enforcement: 21 V.S.A. sec. 210: civil penalty up to $12,675 for each serious violation, up to $126,749 (not less than $5,000) for each willful or repeated violation, up to $12,675 per day for failure to correct; willful violation causing death: fine up to $126,749 or imprisonment up to one year (Ex. DUT-VT-015)

Citation: Vermont General Assembly (Title 21, chapter 3, subchapter 5, Occupational Safety and Health: the VOSHA Code), 21 V.S.A. sec. 223 (Duties) (standing) (Ex. DUT-VT-014) Open the exhibit

Ex. DUT-VT-015

21 V.S.A. sec. 210 (Penalties)

Penalties (VOSHA Code)

Vermont General Assembly (Title 21, chapter 3, subchapter 5), Vermont (State)

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

Any employer that willfully or repeatedly violates the requirements of this Code... may be assessed a civil penalty of not more than $126,749.00 for each violation, but not less than $5,000.00 for each willful violation. (2) Any employer that has received a citation for a serious violation... shall be assessed a civil penalty of up to $12,675.00 for each violation.

Enforcement: willful or repeated: up to $126,749 per violation, not less than $5,000 per willful violation; serious: up to $12,675 per violation; other: up to $12,675 per violation; failure to correct: up to $12,675 per day; willful violation causing death: fine up to $126,749 or imprisonment up to one year; amounts adjusted each January 1 by the CPI

Citation: Vermont General Assembly (Title 21, chapter 3, subchapter 5), 21 V.S.A. sec. 210 (Penalties) (standing) (Ex. DUT-VT-015) Open the exhibit

Ex. DUT-VT-016

21 V.S.A. sec. 224 (Rules and standards)

Rules and standards (adoption of VOSHA Code standards)

Vermont General Assembly (Title 21, chapter 3, subchapter 5), Vermont (State)

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

(a) The Commissioner shall adopt rules and standards necessary to implement the purposes and duties set forth in this subchapter insofar as they relate to safety and to enforcement of the VOSHA Code. (b) The Commissioner... shall adopt rules and standards necessary to implement the purposes of the VOSHA Code and duties imposed by the Code, insofar as they relate to health.

Enforcement: 21 V.S.A. sec. 210 for violation of any standard adopted

Citation: Vermont General Assembly (Title 21, chapter 3, subchapter 5), 21 V.S.A. sec. 224 (Rules and standards) (standing) (Ex. DUT-VT-016) Open the exhibit

Ex. DUT-VT-017

VOSHA Emergency Temporary Standard for the protection of healthcare workers from COVID-19 (29 C.F.R. part 1910, subpart U: 1910.502 Healthcare; 1910.504 Mini Respiratory Protection Program; 1910.505 Severability; 1910.509 Incorporation by Reference), as adopted and posted by VOSHA July 13, 2021

Subpart U, COVID-19 Emergency Temporary Standard (Healthcare), as adopted by VOSHA

Vermont Department of Labor, Vermont Occupational Safety and Health Administration (VOSHA), Vermont (State)

Dates
Standing (2021-07-13 in Vermont (VOSHA adoption; the federal ETS required State-plan adoption within 30 days of June 21, 2021))
Quarters
2021 Q3
Limitations
Face-covering requirementHealth care ordersWorkplace rulesStanding dutyOperating condition
Character
covid workplace rule
Grade
Primary source read

(a) Scope and application. (1) Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.... (c) COVID-19 plan. (1) The employer must develop and implement a COVID-19 plan for each workplace.

Enforcement: 21 V.S.A. sec. 210 (serious: up to $12,675 per violation; willful or repeated: up to $126,749 per violation)

Citation: Vermont Department of Labor, Vermont Occupational Safety and Health Administration (VOSHA), VOSHA Emergency Temporary Standard for the protection of healthcare workers from COVID-19 (29 C.F.R. part 1910, subpart U: 1910.502 Healthcare; 1910.504 Mini Respiratory Protection Program; 1910.505 Severability; 1910.509 Incorporation by Reference), as adopted and posted by VOSHA July 13, 2021 (Ex. DUT-VT-017) Open the exhibit

Ex. DUT-VT-018

State of Vermont v. Club Fitness of Vermont, Inc. and Sean Manovill (Rutland Superior Court, Civil Division, filed May 15, 2020): complaint for preliminary injunction and civil penalties; temporary restraining order granted May 15, 2020

Vermont AG files first Covid-19 non-compliance lawsuit against Rutland gym (VTDigger, May 15, 2020)

State of Vermont, Attorney General T.J. Donovan (plaintiff); Rutland Superior Court (temporary restraining order); reported by VTDigger (Alan J. Keays), May 15, 2020, Vermont (Rutland Superior Court, Civil Division) (Court)

Dates
Standing (2020-05-15 (TRO barring in-person, indoor operations 'until the governor's order allows it'))
Quarters
2020 Q2
Limitations
Emergency declarationBusiness closureStanding duty
Character
adjudication
Grade
Confirmed from a secondary source

"The State of Vermont alleges that Club Fitness of Vermont and its owner, Sean Manovill, are operating a fitness center in violation of Executive Order 01-20, Addendum 4," said a press release from the Attorney General's Office Friday afternoon. "In seeking the preliminary injunction, the State is asking the Court to shut down the facility, as required under the Governor's executive orders"

Enforcement: temporary restraining order; civil penalties sought of up to $1,000 for each day of violation (20 V.S.A. sec. 40); criminal exposure under 20 V.S.A. sec. 24

Citation: State of Vermont, Attorney General T.J. Donovan (plaintiff); Rutland Superior Court (temporary restraining order); reported by VTDigger (Alan J. Keays), May 15, 2020, State of Vermont v. Club Fitness of Vermont, Inc. and Sean Manovill (Rutland Superior Court, Civil Division, filed May 15, 2020): complaint for preliminary injunction and civil penalties; temporary restraining order granted May 15, 2020 (Ex. DUT-VT-018) Open the exhibit

Ex. DUT-VT-019

State v. Club Fitness of Vermont, Inc. / Manovill v. State of Vermont, Scott and Donovan (Rutland Super. Ct., Civ. Div.): decision granting the State's motion to dismiss the gym owner's constitutional and takings claims (19 pages, week of September 28, 2020)

Judge tosses bid by Rutland gym owner to collect from state over Covid-19 closure (VTDigger, Sept. 30, 2020)

Judge Robert Mello, Rutland Superior Court, Civil Division (decision of September 2020); reported by VTDigger (Alan J. Keays), September 30, 2020, Vermont (Rutland Superior Court, Civil Division) (Court)

Dates
Standing (2020-09-30)
Quarters
2020 Q3
Limitations
Emergency declarationBusiness closureStanding duty
Character
adjudication
Grade
Confirmed from a secondary source

Mello, in the ruling, talked about the broad powers of governors during health emergencies to protect the public. He also wrote about the "plethora" of case law that "compel the conclusion that the actions of the State, Governor and Attorney General do not amount to governmental taking" requiring compensation.

Enforcement: civil penalties of up to $1,000 for each day in violation of the order, pending (20 V.S.A. sec. 40)

Citation: Judge Robert Mello, Rutland Superior Court, Civil Division (decision of September 2020); reported by VTDigger (Alan J. Keays), September 30, 2020, State v. Club Fitness of Vermont, Inc. / Manovill v. State of Vermont, Scott and Donovan (Rutland Super. Ct., Civ. Div.): decision granting the State's motion to dismiss the gym owner's constitutional and takings claims (19 pages, week of September 28, 2020) (Sept. 30, 2020) (Ex. DUT-VT-019) Open the exhibit

Ex. DUT-VT-020

State v. Club Fitness of Vermont, Inc. (Rutland Super. Ct., Civ. Div.): settlement filed January 15, 2021 (agreement to comply with the Governor's executive order; $1,000 payment)

Attorney general settles with Rutland gym owner (VTDigger, Jan. 15, 2021)

State of Vermont, Attorney General T.J. Donovan; Club Fitness of Vermont, Inc. and Sean Manovill (settlement filed for court approval January 15, 2021); reported by VTDigger (Alan J. Keays), January 15, 2021, Vermont (Rutland Superior Court, Civil Division) (Court)

Dates
Standing (2021-01-15 (filed for final approval))
Quarters
2021 Q1
Limitations
Business closureCapacity limitStanding duty
Character
adjudication
Grade
Confirmed from a secondary source

Under the terms of the settlement, Sean Manovill, owner of Club Fitness of Vermont, Inc., has agreed to comply with Gov. Phil Scott's executive order and will make a $1,000 payment to the Vermont Foodbank's Rutland Regional Distribution Center.

Enforcement: $1,000 payment; agreement to comply with the executive order

Citation: State of Vermont, Attorney General T.J. Donovan; Club Fitness of Vermont, Inc. and Sean Manovill (settlement filed for court approval January 15, 2021); reported by VTDigger (Alan J. Keays), January 15, 2021, State v. Club Fitness of Vermont, Inc. (Rutland Super. Ct., Civ. Div.): settlement filed January 15, 2021 (agreement to comply with the Governor's executive order; $1,000 payment) (Jan. 15, 2021) (Ex. DUT-VT-020) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

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

Duties of employers and employees

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

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

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

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

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

Ex. DUT-FED-002

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

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

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

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

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

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

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

Ex. DUT-FED-003

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

General requirements (Subpart I, Personal Protective Equipment)

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

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

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

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

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

Ex. DUT-FED-004

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

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

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

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

Enforcement: 29 U.S.C. 666

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

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

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

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

Enforcement: 29 U.S.C. 666

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

Ex. DUT-FED-006

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

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

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

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

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

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

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

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

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

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates
Standing (2021-01-29)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-08-13)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-06)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

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

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates
Standing (2020-09-09)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates
Standing (2020-09-11)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates
Standing (2021-04-22)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates
Standing (2021-04-15)
Quarters
2020 Q42021 Q2
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates
Standing (2020-10-09)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-11-06)
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rules
Character
agency enforcement summary
Grade
Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates
Standing (2020-12-08)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates
Standing (2021-04-20)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

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

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

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

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
liability shield condition
Grade
Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates
Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Other
Character
agency interpretation
Grade
Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

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

Dates
Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Vaccination or testingOther
Character
liability shield condition
Grade
Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates
Standing (2020-04-17)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-09-08)
Quarters
2020 Q32020 Q4
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

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

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

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

Dates
Standing (2020-03-21)
Quarters
2020 Q2
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

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

Dates
Standing (2020-05-06)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates
Standing (2020-03-18)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

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

Dates
Standing (2020-07-15)
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-04-26)
Quarters
2020 Q22020 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character
agency guidance recommendation
Grade
Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-07-09)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

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

Dates
Standing (2020-04-08)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

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

Dates
Standing (2020-05-27)
Quarters
2020 Q22020 Q3
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates
Standing (2020-03-13)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rules
Character
agency position statement
Grade
Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates
Standing (2021-01-08)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates
Standing (2021-10-01)
Quarters
2021 Q22021 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-12-16)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2021-05-28)
Quarters
2021 Q22021 Q3
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-06-10)
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates
Standing (2022-06-06)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Character
adjudication
Grade
Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

6. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business in Vermont 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 261 instruments in force for this selection: 38 instruments from the State of Vermont (Governor Philip B. Scott, Addendum 16 to Executive Order 01-20 (May 29, 2020) (Ex. VT-023); Governor Philip B. Scott, Addendum 2 to Executive Order 01-20 (Mar. 16, 2020) (Ex. VT-004); Governor Philip B. Scott, Addendum 4 to Executive Order 01-20 (Mar. 20, 2020) (Ex. VT-008); and 35 more), 1 instrument from the agencies, boards and authorities of Vermont (Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Act 95 of 2020 (S.114) (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050)), 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 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: CB (Ex. VT-023); WF (Ex. VT-010); TV travel (Ex. VT-021); CT courts (Ex. VT-048); EMP (Ex. VT-019); OF telework (Ex. VT-021); BQ banquets (Ex. VT-004); CB patients (Ex. VT-007); CL closings (Ex. VT-014); CS client site visits (Ex. VT-012).

Step three, the change compelled. Governor Philip B. Scott, Addendum 16 to Executive Order 01-20 (May 29, 2020) (Ex. VT-023) ordered: "direct the Secretary of the Agency of Commerce and Community Development (ACCD) to issue mitigation requirements and procedures for the limited, incremental and phased resumption of close contact businesses such as gymnasiums, fitness centers and similar exercise facilities, nail salons, spas and…" Enforcement: ACCD requirements; VDH Commissioner recall power; 20 V.S.A. § 40 (VT-103) Governor Philip B. Scott, Addendum 2 to Executive Order 01-20 (Mar. 16, 2020) (Ex. VT-004) ordered: "Effective Tuesday, March 17, 2020 at 2:00 p.m. and continuing in full force and effect until April 6, 2020, any restaurant, bar, or establishment that offers food or drink shall not permit on-premises consumption of food or drink; provided however, such establishments may continue to offer food for…" Enforcement: 20 V.S.A. § 40 (VT-103); Department of Liquor and Lottery licensing (VT-025 § 9(f), § 10) Governor Philip B. Scott, Addendum 4 to Executive Order 01-20 (Mar. 20, 2020) (Ex. VT-008) ordered: "No later than 8:00 p.m. on Monday, March 23, 2020, gymnasiums, fitness centers and similar exercise facilities, hair salons and barbers, nail salons, spas and tattoo parlors shall cease all in-person operations... I hereby further amend and restate Section 6 of the Executive Order to prohibit all…" Enforcement: 20 V.S.A. § 40 (VT-103) 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. Addendum 16 to Executive Order 01-20 (Ex. VT-023) was in force from June 1, 2020 to June 15, 2020, 15 of the quarter's 110 days; Addendum 2 to Executive Order 01-20 (Ex. VT-004) was in force from Mar. 17, 2020 to Apr. 6, 2020, 21 of the quarter's 110 days; Addendum 4 to Executive Order 01-20 (Ex. VT-008) was in force from Mar. 23, 2020 to Apr. 15, 2020, 24 of the quarter's 110 days. Of the 39 instruments in the quarter's record, 3 were in force on its first day, 15 on its last day and 1 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 237 instruments in force for this selection: 26 instruments from the State of Vermont (Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025); Office of Governor Phil Scott (official release); ACCD Work Safe Guidance, Governor's release, Governor Phil Scott Announces Next Restart Steps for Hospitality Sector (June 19, 2020) (Ex. VT-097); Governor Philip B. Scott, Executive Order No. 01-20 (Mar. 13, 2020) (Ex. VT-001); and 23 more), 1 instrument from the agencies, boards and authorities of Vermont (Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Act 95 of 2020 (S.114) (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050)), 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 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: CB (Ex. VT-097); WF (Ex. VT-001); CT courts (Ex. VT-050); LG lodging (Ex. VT-089); PJ litigation (Ex. VT-051); TM telehealth (Ex. VT-064); TV travel (Ex. VT-089); AC athletics (Ex. VT-028); BA bar hours (Ex. VT-029); BA bar seating (Ex. VT-090).

Step three, the change compelled. Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025) ordered: "For the health and safety of all Vermonters, all business, non-profit and government entity operations, including close contact businesses, gyms and fitness facilities, bars, restaurants and other food services and recreational resources such as lodging, campgrounds, marinas, playgrounds and team…" Enforcement: § 9(b): non-compliant businesses 'shall suspend in-person business operations'; § 9(f): 'The Vermont Occupational Safety and Health Administration, Health… Office of Governor Phil Scott (official release); ACCD Work Safe Guidance, Governor's release, Governor Phil Scott Announces Next Restart Steps for Hospitality Sector (June 19, 2020) (Ex. VT-097) ordered: "Beginning June 26, these venues can expand capacity for events and dining to 50% of approved occupancy size or one person per 100 square feet of customer facing space. This change will allow for indoor events of up to 75 people and outdoor organized events of up to 150." Enforcement: ACCD Work Safe Guidance under VT-025 § 9(b) Governor Philip B. Scott, Executive Order No. 01-20 (Mar. 13, 2020) (Ex. VT-001) ordered: "I hereby prohibit all large non-essential mass gatherings of more than 250 people in a single room or single space at the same time for social and recreational activities... All State licensed nursing homes..., the Vermont Psychiatric Care Hospital (VPCH) and Middlesex Therapeutic Community…" Enforcement: 20 V.S.A. § 9(a)(1) (Governor may 'enforce all laws and rules relating to emergency management'); 20 V.S.A. § 40 as then in force: violation of any provision of… 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. Amended and Restated Executive Order No. 01-20 (Ex. VT-025) was in force from June 15, 2020 to June 30, 2021, 92 of the quarter's 92 days; Governor's release, Governor Phil Scott Announces Next Restart Steps for Hospitality… (Ex. VT-097) was in force from June 26, 2020 to Nov. 14, 2020, 92 of the quarter's 92 days; Executive Order No. 01-20 (Ex. VT-001) was in force from Mar. 13, 2020 to June 30, 2021, 92 of the quarter's 92 days. Of the 27 instruments in the quarter's record, 15 were in force on its first day, 23 on its last day and 15 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 243 instruments in force for this selection: 33 instruments from the State of Vermont (Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025); Office of Governor Phil Scott (official release); ACCD Work Safe Guidance, Governor's release, Governor Phil Scott Announces Next Restart Steps for Hospitality Sector (June 19, 2020) (Ex. VT-097); Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED] (Nov. 20, 2020) (Ex. VT-035); and 30 more), 1 instrument from the agencies, boards and authorities of Vermont (Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Act 95 of 2020 (S.114) (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050)), 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 49 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 47 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CB (Ex. VT-097); WF (Ex. VT-035); CT (Ex. VT-052); TM telehealth (Ex. VT-064); CB payers (Ex. VT-064); CT courts (Ex. VT-050); DR (Ex. VT-035); GATH (Ex. VT-035); LG lodging (Ex. VT-089); PJ (Ex. VT-053).

Step three, the change compelled. Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025) ordered: "For the health and safety of all Vermonters, all business, non-profit and government entity operations, including close contact businesses, gyms and fitness facilities, bars, restaurants and other food services and recreational resources such as lodging, campgrounds, marinas, playgrounds and team…" Enforcement: § 9(b): non-compliant businesses 'shall suspend in-person business operations'; § 9(f): 'The Vermont Occupational Safety and Health Administration, Health… Office of Governor Phil Scott (official release); ACCD Work Safe Guidance, Governor's release, Governor Phil Scott Announces Next Restart Steps for Hospitality Sector (June 19, 2020) (Ex. VT-097) ordered: "Beginning June 26, these venues can expand capacity for events and dining to 50% of approved occupancy size or one person per 100 square feet of customer facing space. This change will allow for indoor events of up to 75 people and outdoor organized events of up to 150." Enforcement: ACCD Work Safe Guidance under VT-025 § 9(b) Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED] (Nov. 20, 2020) (Ex. VT-035) ordered: "Individuals who live alone may gather with no more than one other household... limited outdoor fitness activities involving no more than two individuals from different households are permitted... All 'Clubs' as defined by 7 V.S.A. § 2(7) shall suspend on-premises operations. 1st Class licensees who…" Enforcement: Referral to the Attorney General (§ 2(f)); DLL; 20 V.S.A. § 40 (VT-103) 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. Amended and Restated Executive Order No. 01-20 (Ex. VT-025) was in force from June 15, 2020 to June 30, 2021, 92 of the quarter's 92 days; Governor's release, Governor Phil Scott Announces Next Restart Steps for Hospitality… (Ex. VT-097) was in force from June 26, 2020 to Nov. 14, 2020, 45 of the quarter's 92 days; Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED] (Ex. VT-035) was in force from Nov. 13, 2020 to June 30, 2021, 49 of the quarter's 92 days. Of the 34 instruments in the quarter's record, 21 were in force on its first day, 25 on its last day and 15 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the fourth quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the first quarter of 2021 the Library holds 247 instruments in force for this selection: 26 instruments from the State of Vermont (Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025); Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED] (Nov. 20, 2020) (Ex. VT-035); Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 (Nov. 13, 2020) (Ex. VT-034); and 23 more), 1 instrument from the agencies, boards and authorities of Vermont (Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Act 95 of 2020 (S.114) (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050)), 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 45 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 43 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CB (Ex. VT-034); WF (Ex. VT-035); GATH (Ex. VT-035); all functions under VT-025 and VT-034/VT-035 (Ex. VT-036); CT (Ex. VT-053); PJ (Ex. VT-053); CT courts (Ex. VT-050); TM telehealth (Ex. VT-045); AC athletics (Ex. VT-028); BA bars and clubs closed (Ex. VT-034).

Step three, the change compelled. Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025) ordered: "For the health and safety of all Vermonters, all business, non-profit and government entity operations, including close contact businesses, gyms and fitness facilities, bars, restaurants and other food services and recreational resources such as lodging, campgrounds, marinas, playgrounds and team…" Enforcement: § 9(b): non-compliant businesses 'shall suspend in-person business operations'; § 9(f): 'The Vermont Occupational Safety and Health Administration, Health… Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED] (Nov. 20, 2020) (Ex. VT-035) ordered: "Individuals who live alone may gather with no more than one other household... limited outdoor fitness activities involving no more than two individuals from different households are permitted... All 'Clubs' as defined by 7 V.S.A. § 2(7) shall suspend on-premises operations. 1st Class licensees who…" Enforcement: Referral to the Attorney General (§ 2(f)); DLL; 20 V.S.A. § 40 (VT-103) Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 (Nov. 13, 2020) (Ex. VT-034) ordered: "Attendance at all public and private social, recreational and entertainment gatherings, indoor and outdoor, including large social gatherings incidental to ceremonies, holiday gatherings, parties and celebrations, shall be limited to participation with only members of a single household... All 1st…" Enforcement: § 2(f): 'Failure to comply with this provision may result in referral to the Office of the Attorney General for enforcement'; DLL licensing; 20 V.S.A. § 40… 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. Amended and Restated Executive Order No. 01-20 (Ex. VT-025) was in force from June 15, 2020 to June 30, 2021, 90 of the quarter's 90 days; Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED] (Ex. VT-035) was in force from Nov. 13, 2020 to June 30, 2021, 90 of the quarter's 90 days; Addendum 8 to Amended and Restated Executive Order 01-20 (Ex. VT-034) was in force from Nov. 14, 2020 to June 30, 2021, 90 of the quarter's 90 days. Of the 27 instruments in the quarter's record, 20 were in force on its first day, 22 on its last day and 18 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 250 instruments in force for this selection: 35 instruments from the State of Vermont (Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025); Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED] (Nov. 20, 2020) (Ex. VT-035); Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 (Nov. 13, 2020) (Ex. VT-034); and 32 more), 1 instrument from the agencies, boards and authorities of Vermont (Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Act 95 of 2020 (S.114) (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050)), 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 49 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 47 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF (Ex. VT-035); CB (Ex. VT-034); CT (Ex. VT-054); PJ (Ex. VT-054); GATH (Ex. VT-035); CT courts (Ex. VT-050); HC provider guidance (Ex. VT-042); HR (Ex. VT-055); IN schools (Ex. VT-027); PJ litigation (Ex. VT-050).

Step three, the change compelled. Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025) ordered: "For the health and safety of all Vermonters, all business, non-profit and government entity operations, including close contact businesses, gyms and fitness facilities, bars, restaurants and other food services and recreational resources such as lodging, campgrounds, marinas, playgrounds and team…" Enforcement: § 9(b): non-compliant businesses 'shall suspend in-person business operations'; § 9(f): 'The Vermont Occupational Safety and Health Administration, Health… Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED] (Nov. 20, 2020) (Ex. VT-035) ordered: "Individuals who live alone may gather with no more than one other household... limited outdoor fitness activities involving no more than two individuals from different households are permitted... All 'Clubs' as defined by 7 V.S.A. § 2(7) shall suspend on-premises operations. 1st Class licensees who…" Enforcement: Referral to the Attorney General (§ 2(f)); DLL; 20 V.S.A. § 40 (VT-103) Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 (Nov. 13, 2020) (Ex. VT-034) ordered: "Attendance at all public and private social, recreational and entertainment gatherings, indoor and outdoor, including large social gatherings incidental to ceremonies, holiday gatherings, parties and celebrations, shall be limited to participation with only members of a single household... All 1st…" Enforcement: § 2(f): 'Failure to comply with this provision may result in referral to the Office of the Attorney General for enforcement'; DLL licensing; 20 V.S.A. § 40… 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. Amended and Restated Executive Order No. 01-20 (Ex. VT-025) was in force from June 15, 2020 to June 30, 2021, 91 of the quarter's 91 days; Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED] (Ex. VT-035) was in force from Nov. 13, 2020 to June 30, 2021, 91 of the quarter's 91 days; Addendum 8 to Amended and Restated Executive Order 01-20 (Ex. VT-034) was in force from Nov. 14, 2020 to June 30, 2021, 91 of the quarter's 91 days. Of the 36 instruments in the quarter's record, 20 were in force on its first day, 22 on its last day and 13 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the third quarter of 2021 the Library holds 233 instruments in force for this selection: 21 instruments from the State of Vermont (Vermont Supreme Court (memo to the bar by the State Court Administrator), Administrative Order No. 49 (Mar. 16, 2020) (Ex. VT-049); State Court Administrator (Administrative Directive No. PG-13 as amended July 6, 2021), Memorandum to the bar, Changes to Administrative Directive Regarding Court Operations (PG-13 amended July 6, 2021) (Ex. VT-059); Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated September 1, 2021) (Sept. 1, 2021) (Ex. VT-061); and 18 more), 1 instrument from the agencies, boards and authorities of Vermont (Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Act 95 of 2020 (S.114) (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050)), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 44 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 42 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF (Ex. VT-059); CB (Ex. VT-049); CT courts (Ex. VT-059); IN instruction (Ex. VT-071); PJ (Ex. VT-059); HR (Ex. VT-084); IN schools (Ex. VT-083); PJ litigation (Ex. VT-050); WF attorneys and staff (Ex. VT-050); WF workforce (Ex. VT-072).

Step three, the change compelled. Vermont Supreme Court (memo to the bar by the State Court Administrator), Administrative Order No. 49 (Mar. 16, 2020) (Ex. VT-049) ordered: "the Supreme Court declares a judicial emergency, effective immediately and extending until April 15, 2020. To minimize risks to public health, the Court has suspended all nonemergency superior court hearings, suspended judicial bureau hearings, allowed appearance by telephone or video for…" Enforcement: Administrative order of the Supreme Court; Court Administrator directives on building entry (PG-11, PG-13); denial of entry State Court Administrator (Administrative Directive No. PG-13 as amended July 6, 2021), Memorandum to the bar, Changes to Administrative Directive Regarding Court Operations (PG-13 amended July 6, 2021) (Ex. VT-059) ordered: "Administrative Directive No. PG-13 sets forth the general rule that masks must be worn by all courthouse visitors at all times within the courthouse and that social distancing of at least six feet must be maintained to the extent possible... Courthouses without approved mechanical ventilation will…" Enforcement: Denial of entry or removal for non-compliance (PG-13 § B.3) Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated September 1, 2021) (Sept. 1, 2021) (Ex. VT-061) ordered: "Based on the climbing COVID-19 infection rate and projections of public-health experts concerning the course of the pandemic, § 2 is amended to extend the effective date of Administrative Order 49 until November 1, 2021... the Court Administrator is authorized to identify these as limited-entry…" Enforcement: Order of the Supreme Court; Court Administrator directives The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2021 to Sept. 30, 2021, 92 days. Administrative Order No. 49 (Ex. VT-049) was in force from Mar. 16, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Memorandum to the bar, Changes to Administrative Directive Regarding Court Operations… (Ex. VT-059) was in force from July 6, 2021 to Sept. 1, 2021, 58 of the quarter's 92 days; Amendment to Administrative Order No. 49 (promulgated September 1, 2021) (Ex. VT-061) was in force from Sept. 1, 2021 to Jan. 1, 2022, 30 of the quarter's 92 days. Of the 22 instruments in the quarter's record, 10 were in force on its first day, 17 on its last day and 9 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 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: 421 records, of which The COVID Project holds the document for 411. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

ExhibitInstrumentIssuerDateCitationRecord URLExhibit file
Ex. AGY-ST-DMV-SOS-RECORDERS-050Act 95 of 2020 (S.114)Vermont General Assembly; signed by Governor Phil Scott April 28, 2020Apr. 28, 2020Vermont General Assembly; signed by Governor Phil Scott April 28, 2020, Act 95 of 2020 (S.114) (Apr. 28, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-050)/library/AGY-ST-DMV-SOS-RECORDERS-050/exhibit/AGY-ST-DMV-SOS-RECORDERS-050
Ex. DUT-FED-00129 U.S.C. 654 (OSH Act § 5, the general duty clause)Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)standingCongress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)/library/DUT-FED-001/exhibit/DUT-FED-001
Ex. DUT-FED-00229 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)Congress (OSH Act § 11(c))standingCongress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)/library/DUT-FED-002/exhibit/DUT-FED-002
Ex. DUT-FED-00329 C.F.R. 1910.132 (personal protective equipment, general requirements)Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)standingOccupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)/library/DUT-FED-003/exhibit/DUT-FED-003
Ex. DUT-FED-00429 C.F.R. 1910.134 (respiratory protection)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)/library/DUT-FED-004/exhibit/DUT-FED-004
Ex. DUT-FED-00529 C.F.R. 1910.141 (sanitation)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)/library/DUT-FED-005/exhibit/DUT-FED-005
Ex. DUT-FED-00629 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)/library/DUT-FED-006/exhibit/DUT-FED-006
Ex. DUT-FED-00729 C.F.R. 1910.1030 (bloodborne pathogens)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)/library/DUT-FED-007/exhibit/DUT-FED-007
Ex. DUT-FED-00829 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))standingOccupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)/library/DUT-FED-008/exhibit/DUT-FED-008
Ex. DUT-FED-009OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')standingOccupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)/library/DUT-FED-009/exhibit/DUT-FED-009
Ex. DUT-FED-010Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))standingOccupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)/library/DUT-FED-010/exhibit/DUT-FED-010
Ex. DUT-FED-011Protecting Workers guidance, as updated August 13, 2021Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)/library/DUT-FED-011/exhibit/DUT-FED-011
Ex. DUT-FED-013Guidance on Returning to Work (OSHA 4045, June 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)/library/DUT-FED-013/exhibit/DUT-FED-013
Ex. DUT-FED-015Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)standingOSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)/library/DUT-FED-015/exhibit/DUT-FED-015
Ex. DUT-FED-016Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)OSHA, Denver Area Office (Inspection No. 1475131)standingOSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)/library/DUT-FED-016/exhibit/DUT-FED-016
Ex. DUT-FED-017Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)standingOSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)/library/DUT-FED-017/exhibit/DUT-FED-017
Ex. DUT-FED-018Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)OSHA, Hartford Area Office (Inspection No. 1505094)standingOSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)/library/DUT-FED-018/exhibit/DUT-FED-018
Ex. DUT-FED-019Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)OSHA, Hartford Area Office (Inspection No. 1472908)standingOSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)/library/DUT-FED-019/exhibit/DUT-FED-019
Ex. DUT-FED-020Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)/library/DUT-FED-020/exhibit/DUT-FED-020
Ex. DUT-FED-021Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)OSHA, Avenel Area Office (Inspection No. 1480762)standingOSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)/library/DUT-FED-021/exhibit/DUT-FED-021
Ex. DUT-FED-022Citation, United States Postal Service, Washington, DC (general duty clause)OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)standingOSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)/library/DUT-FED-022/exhibit/DUT-FED-022
Ex. DUT-FED-02342 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)standingCenters for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)/library/DUT-FED-023/exhibit/DUT-FED-023
Ex. DUT-FED-02442 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)Centers for Medicare & Medicaid Services (hospital condition of participation)standingCenters for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)/library/DUT-FED-024/exhibit/DUT-FED-024
Ex. DUT-FED-02542 U.S.C. 247d-6d (PREP Act targeted liability protections)Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)standingCongress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)/library/DUT-FED-025/exhibit/DUT-FED-025
Ex. DUT-FED-026Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)standingDepartment of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)/library/DUT-FED-026/exhibit/DUT-FED-026
Ex. DUT-FED-027Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190Secretary of Health and Human Services (Alex M. Azar II)standingSecretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)/library/DUT-FED-027/exhibit/DUT-FED-027
Ex. DUT-FED-029Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and CrewsFederal Aviation Administration, Flight Standards Service (with the CDC)standingFederal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)/library/DUT-FED-029/exhibit/DUT-FED-029
Ex. DUT-FED-030What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)/library/DUT-FED-030/exhibit/DUT-FED-030
Ex. DUT-FED-03142 U.S.C. 12113 (ADA defenses; direct threat)Congress (Americans with Disabilities Act § 103)standingCongress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)/library/DUT-FED-031/exhibit/DUT-FED-031
Ex. DUT-FED-03229 C.F.R. 1630.2(r) (definition of direct threat)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)/library/DUT-FED-032/exhibit/DUT-FED-032
Ex. DUT-FED-03329 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)/library/DUT-FED-033/exhibit/DUT-FED-033
Ex. DUT-FED-034Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)/library/DUT-FED-034/exhibit/DUT-FED-034
Ex. DUT-FED-035Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)/library/DUT-FED-035/exhibit/DUT-FED-035
Ex. DUT-FED-037Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)standingFederal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)/library/DUT-FED-037/exhibit/DUT-FED-037
Ex. DUT-FED-060Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)/library/DUT-FED-060/exhibit/DUT-FED-060
Ex. DUT-FED-061Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)/library/DUT-FED-061/exhibit/DUT-FED-061
Ex. DUT-FED-062Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)/library/DUT-FED-062/exhibit/DUT-FED-062
Ex. DUT-FED-063Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)/library/DUT-FED-063/exhibit/DUT-FED-063
Ex. DUT-FED-064Considerations for Restaurants and Bars (updated May 27, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)/library/DUT-FED-064/exhibit/DUT-FED-064
Ex. DUT-FED-065Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)Federal Motor Carrier Safety AdministrationstandingFederal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)/library/DUT-FED-065/exhibit/DUT-FED-065
Ex. DUT-FED-066News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news releasestandingOccupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)/library/DUT-FED-066/exhibit/DUT-FED-066
Ex. DUT-FED-067News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)Occupational Safety and Health Administration, national news releasestandingOccupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)/library/DUT-FED-067/exhibit/DUT-FED-067
Ex. DUT-FED-069News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)standingOccupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)/library/DUT-FED-069/exhibit/DUT-FED-069
Ex. DUT-FED-070What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)/library/DUT-FED-070/exhibit/DUT-FED-070
Ex. DUT-FED-071What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)/library/DUT-FED-071/exhibit/DUT-FED-071
Ex. DUT-FED-072Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)/library/DUT-FED-072/exhibit/DUT-FED-072
Ex. DUT-FED-073Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette RooneystandingOccupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)/library/DUT-FED-073/exhibit/DUT-FED-073
Ex. DUT-VT-00118 V.S.A. sec. 126 (Health orders)Vermont General Assembly (Title 18, Health; chapter 3, Department of Health)standingVermont General Assembly (Title 18, Health; chapter 3, Department of Health), 18 V.S.A. sec. 126 (Health orders) (standing) (Ex. DUT-VT-001)/library/DUT-VT-001/exhibit/DUT-VT-001
Ex. DUT-VT-00218 V.S.A. sec. 127 (Emergency health orders)Vermont General Assembly (Title 18, chapter 3)standingVermont General Assembly (Title 18, chapter 3), 18 V.S.A. sec. 127 (Emergency health orders) (standing) (Ex. DUT-VT-002)/library/DUT-VT-002/exhibit/DUT-VT-002
Ex. DUT-VT-00318 V.S.A. sec. 130 (Civil enforcement)Vermont General Assembly (Title 18, chapter 3)standingVermont General Assembly (Title 18, chapter 3), 18 V.S.A. sec. 130 (Civil enforcement) (standing) (Ex. DUT-VT-003)/library/DUT-VT-003/exhibit/DUT-VT-003
Ex. DUT-VT-00418 V.S.A. sec. 131 (Criminal penalty)Vermont General Assembly (Title 18, chapter 3)standingVermont General Assembly (Title 18, chapter 3), 18 V.S.A. sec. 131 (Criminal penalty) (standing) (Ex. DUT-VT-004)/library/DUT-VT-004/exhibit/DUT-VT-004
Ex. DUT-VT-00518 V.S.A. sec. 1004a (Quarantine)Vermont General Assembly (Title 18, chapter 21, Communicable Diseases)standingVermont General Assembly (Title 18, chapter 21, Communicable Diseases), 18 V.S.A. sec. 1004a (Quarantine) (standing) (Ex. DUT-VT-005)/library/DUT-VT-005/exhibit/DUT-VT-005
Ex. DUT-VT-006ACCD Work Safe Guidance: 'Update 20 - New Work Safe Additions to the Be Smart, Stay Safe Order' (memorandum to Vermont Businesses and Employers, July 31, 2020)…Agency of Commerce and Community Development (Secretary Lindsay Kurrle), under Executive Order 01-20 Addenda 10-12 and Amended and Restated Executive Order 01-20 secs. 9(b) and 11standingAgency of Commerce and Community Development (Secretary Lindsay Kurrle), under Executive Order 01-20 Addenda 10-12 and Amended and Restated Executive Order 01-20 secs. 9(b) and 11, ACCD Work Safe Guidance: 'Update 20 - New Work Safe Additions to the Be Smart, Stay Safe Order' (memorandum to Vermont Businesses and Employers, July 31, 2020), as captured by the Internet Archive on August 5, 2020 (Ex. DUT-VT-006)/library/DUT-VT-006/exhibit/DUT-VT-006
Ex. DUT-VT-00718 V.S.A. sec. 2 (Definitions), subdivisions (4), (9), (10), (12)Vermont General Assembly (Title 18, chapter 1, Administration)standingVermont General Assembly (Title 18, chapter 1, Administration), 18 V.S.A. sec. 2 (Definitions), subdivisions (4), (9), (10), (12) (standing) (Ex. DUT-VT-007)/library/DUT-VT-007/exhibit/DUT-VT-007
Ex. DUT-VT-00818 V.S.A. sec. 602a (Duties of local health officers)Vermont General Assembly (Title 18, chapter 11, Local Health Officials)standingVermont General Assembly (Title 18, chapter 11, Local Health Officials), 18 V.S.A. sec. 602a (Duties of local health officers) (standing) (Ex. DUT-VT-008)/library/DUT-VT-008/exhibit/DUT-VT-008
Ex. DUT-VT-00918 V.S.A. sec. 613 (Powers of local board)Vermont General Assembly (Title 18, chapter 11)standingVermont General Assembly (Title 18, chapter 11), 18 V.S.A. sec. 613 (Powers of local board) (standing) (Ex. DUT-VT-009)/library/DUT-VT-009/exhibit/DUT-VT-009
Ex. DUT-VT-01018 V.S.A. sec. 1418 (Control equipment)Vermont General Assembly (Title 18, chapter 28, Occupational Health)standingVermont General Assembly (Title 18, chapter 28, Occupational Health), 18 V.S.A. sec. 1418 (Control equipment) (standing) (Ex. DUT-VT-010)/library/DUT-VT-010/exhibit/DUT-VT-010
Ex. DUT-VT-01120 V.S.A. sec. 9 (Emergency powers of Governor)Vermont General Assembly (Title 20, chapter 1, Emergency Management)standingVermont General Assembly (Title 20, chapter 1, Emergency Management), 20 V.S.A. sec. 9 (Emergency powers of Governor) (standing) (Ex. DUT-VT-011)/library/DUT-VT-011/exhibit/DUT-VT-011
Ex. DUT-VT-01220 V.S.A. sec. 24 (Penalties)Vermont General Assembly (Title 20, chapter 1)standingVermont General Assembly (Title 20, chapter 1), 20 V.S.A. sec. 24 (Penalties) (standing) (Ex. DUT-VT-012)/library/DUT-VT-012/exhibit/DUT-VT-012
Ex. DUT-VT-01320 V.S.A. sec. 20 (Immunities and defenses)Vermont General Assembly (Title 20, chapter 1)standingVermont General Assembly (Title 20, chapter 1), 20 V.S.A. sec. 20 (Immunities and defenses) (standing) (Ex. DUT-VT-013)/library/DUT-VT-013/exhibit/DUT-VT-013
Ex. DUT-VT-01421 V.S.A. sec. 223 (Duties)Vermont General Assembly (Title 21, chapter 3, subchapter 5, Occupational Safety and Health: the VOSHA Code)standingVermont General Assembly (Title 21, chapter 3, subchapter 5, Occupational Safety and Health: the VOSHA Code), 21 V.S.A. sec. 223 (Duties) (standing) (Ex. DUT-VT-014)/library/DUT-VT-014/exhibit/DUT-VT-014
Ex. DUT-VT-01521 V.S.A. sec. 210 (Penalties)Vermont General Assembly (Title 21, chapter 3, subchapter 5)standingVermont General Assembly (Title 21, chapter 3, subchapter 5), 21 V.S.A. sec. 210 (Penalties) (standing) (Ex. DUT-VT-015)/library/DUT-VT-015/exhibit/DUT-VT-015
Ex. DUT-VT-01621 V.S.A. sec. 224 (Rules and standards)Vermont General Assembly (Title 21, chapter 3, subchapter 5)standingVermont General Assembly (Title 21, chapter 3, subchapter 5), 21 V.S.A. sec. 224 (Rules and standards) (standing) (Ex. DUT-VT-016)/library/DUT-VT-016/exhibit/DUT-VT-016
Ex. DUT-VT-017VOSHA Emergency Temporary Standard for the protection of healthcare workers from COVID-19 (29 C.F.R. part 1910, subpart U: 1910.502 Healthcare; 1910.504 Mini…Vermont Department of Labor, Vermont Occupational Safety and Health Administration (VOSHA)standingVermont Department of Labor, Vermont Occupational Safety and Health Administration (VOSHA), VOSHA Emergency Temporary Standard for the protection of healthcare workers from COVID-19 (29 C.F.R. part 1910, subpart U: 1910.502 Healthcare; 1910.504 Mini Respiratory Protection Program; 1910.505 Severability; 1910.509 Incorporation by Reference), as adopted and posted by VOSHA July 13, 2021 (Ex. DUT-VT-017)/library/DUT-VT-017/exhibit/DUT-VT-017
Ex. DUT-VT-018State of Vermont v. Club Fitness of Vermont, Inc. and Sean Manovill (Rutland Superior Court, Civil Division, filed May 15, 2020): complaint for preliminary…State of Vermont, Attorney General T.J. Donovan (plaintiff); Rutland Superior Court (temporary restraining order); reported by VTDigger (Alan J. Keays), May 15, 2020standingState of Vermont, Attorney General T.J. Donovan (plaintiff); Rutland Superior Court (temporary restraining order); reported by VTDigger (Alan J. Keays), May 15, 2020, State of Vermont v. Club Fitness of Vermont, Inc. and Sean Manovill (Rutland Superior Court, Civil Division, filed May 15, 2020): complaint for preliminary injunction and civil penalties; temporary restraining order granted May 15, 2020 (Ex. DUT-VT-018)/library/DUT-VT-018/exhibit/DUT-VT-018
Ex. DUT-VT-019State v. Club Fitness of Vermont, Inc. / Manovill v. State of Vermont, Scott and Donovan (Rutland Super. Ct., Civ. Div.): decision granting the State's motion…Judge Robert Mello, Rutland Superior Court, Civil Division (decision of September 2020); reported by VTDigger (Alan J. Keays), September 30, 2020standingJudge Robert Mello, Rutland Superior Court, Civil Division (decision of September 2020); reported by VTDigger (Alan J. Keays), September 30, 2020, State v. Club Fitness of Vermont, Inc. / Manovill v. State of Vermont, Scott and Donovan (Rutland Super. Ct., Civ. Div.): decision granting the State's motion to dismiss the gym owner's constitutional and takings claims (19 pages, week of September 28, 2020) (Sept. 30, 2020) (Ex. DUT-VT-019)/library/DUT-VT-019/exhibit/DUT-VT-019
Ex. DUT-VT-020State v. Club Fitness of Vermont, Inc. (Rutland Super. Ct., Civ. Div.): settlement filed January 15, 2021 (agreement to comply with the Governor's executive…State of Vermont, Attorney General T.J. Donovan; Club Fitness of Vermont, Inc. and Sean Manovill (settlement filed for court approval January 15, 2021); reported by VTDigger (Alan J. Keays), January 15, 2021standingState of Vermont, Attorney General T.J. Donovan; Club Fitness of Vermont, Inc. and Sean Manovill (settlement filed for court approval January 15, 2021); reported by VTDigger (Alan J. Keays), January 15, 2021, State v. Club Fitness of Vermont, Inc. (Rutland Super. Ct., Civ. Div.): settlement filed January 15, 2021 (agreement to comply with the Governor's executive order; $1,000 payment) (Jan. 15, 2021) (Ex. DUT-VT-020)/library/DUT-VT-020/exhibit/DUT-VT-020
Ex. FED-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-002Notice of February 24, 2021President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)/library/FED-002/exhibit/FED-002
Ex. FED-006Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)Mar. 13, 2020President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)/library/FED-006/exhibit/FED-006
Ex. FED-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)/library/FED-007/exhibit/FED-007
Ex. FED-008Memorandum of February 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)Feb. 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)/library/FED-008/exhibit/FED-008
Ex. FED-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-010Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel CoronavirusAlex M. Azar II, Secretary of Health and Human ServicesJan. 31, 2020Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)/library/FED-010/exhibit/FED-010
Ex. FED-011Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)Alex M. Azar II, Secretary of HHSApr. 21, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)/library/FED-011/exhibit/FED-011
Ex. FED-012Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)Alex M. Azar II, Secretary of HHSJuly 23, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)/library/FED-012/exhibit/FED-012
Ex. FED-013Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)Alex M. Azar II, Secretary of HHSOct. 2, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)/library/FED-013/exhibit/FED-013
Ex. FED-014Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)Alex M. Azar II, Secretary of HHSJan. 7, 2021Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)/library/FED-014/exhibit/FED-014
Ex. FED-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)/library/FED-015/exhibit/FED-015
Ex. FED-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)/library/FED-016/exhibit/FED-016
Ex. FED-020CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)Jan. 29, 2021Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)/library/FED-020/exhibit/FED-020
Ex. FED-022CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)Sept. 1, 2020Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)/library/FED-022/exhibit/FED-022
Ex. FED-023CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)Centers for Disease Control and Prevention, HHSJan. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)/library/FED-023/exhibit/FED-023
Ex. FED-024CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)Centers for Disease Control and Prevention, HHSMar. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)/library/FED-024/exhibit/FED-024
Ex. FED-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)/library/FED-025/exhibit/FED-025
Ex. FED-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)/library/FED-026/exhibit/FED-026
Ex. FED-027CDC No Sail Order and Suspension of Further EmbarkationCenters for Disease Control and Prevention, HHS (CDC Director)Mar. 14, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)/library/FED-027/exhibit/FED-027
Ex. FED-028No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)Centers for Disease Control and Prevention, HHSApr. 9, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)/library/FED-028/exhibit/FED-028
Ex. FED-029No Sail Order; Second Modification and Extension (July 16, 2020)Centers for Disease Control and Prevention, HHSJuly 16, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)/library/FED-029/exhibit/FED-029
Ex. FED-030No Sail Order; Third Modification and Extension (Sept. 30, 2020)Centers for Disease Control and Prevention, HHSSept. 30, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)/library/FED-030/exhibit/FED-030
Ex. FED-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)/library/FED-031/exhibit/FED-031
Ex. FED-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)/library/FED-032/exhibit/FED-032
Ex. FED-034CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')Centers for Disease Control and Prevention, HHS (CDC Director)Mar. 20, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)/library/FED-034/exhibit/FED-034
Ex. FED-036Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)Centers for Disease Control and Prevention, HHSMay 19, 2020Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)/library/FED-036/exhibit/FED-036
Ex. FED-037CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)Centers for Disease Control and Prevention, HHSOct. 13, 2020Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)/library/FED-037/exhibit/FED-037
Ex. FED-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)/library/FED-038/exhibit/FED-038
Ex. FED-039Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…Centers for Disease Control and Prevention, HHSMar. 20, 2020Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)/library/FED-039/exhibit/FED-039
Ex. FED-040CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United KingdomCenters for Disease Control and Prevention, HHSDec. 25, 2020Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)/library/FED-040/exhibit/FED-040
Ex. FED-041CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…Centers for Disease Control and Prevention, HHSJan. 12, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)/library/FED-041/exhibit/FED-041
Ex. FED-042CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)Jan. 25, 2021Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)/library/FED-042/exhibit/FED-042
Ex. FED-048Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…Centers for Disease Control and Prevention, HHSSept. 11, 2020Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)/library/FED-048/exhibit/FED-048
Ex. FED-050TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)Jan. 31, 2021Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)/library/FED-050/exhibit/FED-050
Ex. FED-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)/library/FED-051/exhibit/FED-051
Ex. FED-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)/library/FED-052/exhibit/FED-052
Ex. FED-053TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)/library/FED-053/exhibit/FED-053
Ex. FED-055Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)/library/FED-055/exhibit/FED-055
Ex. FED-056Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight BoardApr. 20, 2021Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)/library/FED-056/exhibit/FED-056
Ex. FED-057Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)Acting Secretary of Homeland Security David P. PekoskeJan. 27, 2021Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)/library/FED-057/exhibit/FED-057
Ex. FED-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-061Executive Order 13998President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)/library/FED-061/exhibit/FED-061
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)/library/FED-063/exhibit/FED-063
Ex. FED-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-066Executive Order 13945President Donald J. TrumpAug. 8, 2020President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)/library/FED-066/exhibit/FED-066
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-071Executive Order 13910President Donald J. TrumpMar. 23, 2020President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)/library/FED-071/exhibit/FED-071
Ex. FED-073Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)President Donald J. TrumpApr. 28, 2020President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)/library/FED-073/exhibit/FED-073
Ex. FED-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)/library/FED-074/exhibit/FED-074
Ex. FED-075Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic UseFederal Emergency Management Agency, DHSApr. 7, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)/library/FED-075/exhibit/FED-075
Ex. FED-076Notification of Exemptions to the PPE allocation ruleFederal Emergency Management Agency, DHSApr. 17, 2020Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)/library/FED-076/exhibit/FED-076
Ex. FED-077Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)Federal Emergency Management Agency, DHSAug. 10, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)/library/FED-077/exhibit/FED-077
Ex. FED-078Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)Federal Emergency Management Agency, DHSDec. 31, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)/library/FED-078/exhibit/FED-078
Ex. FED-080Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)Occupational Safety and Health Administration, U.S. Department of LaborJune 21, 2021Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)/library/FED-080/exhibit/FED-080
Ex. FED-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)/library/FED-081/exhibit/FED-081
Ex. FED-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)/library/FED-082/exhibit/FED-082
Ex. FED-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)/library/FED-083/exhibit/FED-083
Ex. FED-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)/library/FED-084/exhibit/FED-084
Ex. FED-088Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)OSHA, U.S. Department of LaborMar. 9, 2020OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)/library/FED-088/exhibit/FED-088
Ex. FED-090CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…Centers for Medicare & Medicaid Services, HHSMar. 30, 2020Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)/library/FED-090/exhibit/FED-090
Ex. FED-091CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)Centers for Medicare & Medicaid Services, HHSMay 1, 2020Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)/library/FED-091/exhibit/FED-091
Ex. FED-092CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…Centers for Medicare & Medicaid Services, HHSSept. 2, 2020Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)/library/FED-092/exhibit/FED-092
Ex. FED-093CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)Nov. 2, 2020Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)/library/FED-093/exhibit/FED-093
Ex. FED-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)/library/FED-094/exhibit/FED-094
Ex. FED-096CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight GroupMar. 4, 2020CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)/library/FED-096/exhibit/FED-096
Ex. FED-097QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)CMS, Quality, Safety & Oversight GroupMar. 13, 2020CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)/library/FED-097/exhibit/FED-097
Ex. FED-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)/library/FED-098/exhibit/FED-098
Ex. FED-099CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 23, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)/library/FED-099/exhibit/FED-099
Ex. FED-100FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 29, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)/library/FED-100/exhibit/FED-100
Ex. FED-104FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)/library/FED-104/exhibit/FED-104
Ex. FED-109FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)/library/FED-109/exhibit/FED-109
Ex. FED-113FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 26, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)/library/FED-113/exhibit/FED-113
Ex. FED-115FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 23, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)/library/FED-115/exhibit/FED-115
Ex. FED-118FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 24, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)/library/FED-118/exhibit/FED-118
Ex. FED-130FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)/library/FED-130/exhibit/FED-130
Ex. FED-132FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 20, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)/library/FED-132/exhibit/FED-132
Ex. FED-133FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)/library/FED-133/exhibit/FED-133
Ex. FED-143FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)/library/FED-143/exhibit/FED-143
Ex. FED-147FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)/library/FED-147/exhibit/FED-147
Ex. FED-150FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Apr. 11, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)/library/FED-150/exhibit/FED-150
Ex. FED-154QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)CMS, Quality, Safety & Oversight GroupSept. 17, 2020CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)/library/FED-154/exhibit/FED-154
Ex. FED-155QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19CMS, Quality, Safety & Oversight GroupMar. 10, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)/library/FED-155/exhibit/FED-155
Ex. FED-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)/library/FED-156/exhibit/FED-156
Ex. FED-157QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)CMS, Quality, Safety & Oversight GroupMay 18, 2020CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)/library/FED-157/exhibit/FED-157
Ex. FED-158CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…Centers for Medicare & Medicaid Services, HHSApr. 7, 2020Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)/library/FED-158/exhibit/FED-158
Ex. FED-159CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)Centers for Medicare & Medicaid Services, HHSApr. 19, 2020Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)/library/FED-159/exhibit/FED-159
Ex. FED-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)/library/FED-160/exhibit/FED-160
Ex. FED-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)/library/FED-161/exhibit/FED-161
Ex. FED-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)/library/FED-163/exhibit/FED-163
Ex. FED-164CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 4, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)/library/FED-164/exhibit/FED-164
Ex. FED-165CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupJune 1, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)/library/FED-165/exhibit/FED-165
Ex. FED-166CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupAug. 17, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)/library/FED-166/exhibit/FED-166
Ex. FED-168CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…CMS, Quality, Safety & Oversight GroupAug. 26, 2020CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)/library/FED-168/exhibit/FED-168
Ex. FED-170Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…Congress (Pub. L. 116-127); approved by the PresidentMar. 18, 2020Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)/library/FED-170/exhibit/FED-170
Ex. FED-171Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826Wage and Hour Division, U.S. Department of LaborApr. 1, 2020Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)/library/FED-171/exhibit/FED-171
Ex. FED-172Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)Wage and Hour Division, U.S. Department of LaborSept. 11, 2020Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)/library/FED-172/exhibit/FED-172
Ex. FED-173Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…Congress (Pub. L. 116-260)Dec. 27, 2020Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)/library/FED-173/exhibit/FED-173
Ex. FED-174American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…Congress (Pub. L. 117-2); approved by the PresidentMar. 11, 2021Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)/library/FED-174/exhibit/FED-174
Ex. FED-180Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)Secretary of Health and Human ServicesMar. 10, 2020Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)/library/FED-180/exhibit/FED-180
Ex. FED-181Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…Secretary of Health and Human ServicesFeb. 4, 2020Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)/library/FED-181/exhibit/FED-181
Ex. FED-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)/library/FED-182/exhibit/FED-182
Ex. FED-183Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devicesSecretary of Health and Human ServicesMar. 24, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)/library/FED-183/exhibit/FED-183
Ex. FED-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)/library/FED-184/exhibit/FED-184
Ex. FED-185Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)Dec. 11, 2020Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)/library/FED-185/exhibit/FED-185
Ex. FED-186Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)Food and Drug Administration, HHSDec. 18, 2020Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)/library/FED-186/exhibit/FED-186
Ex. FED-187Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)Food and Drug Administration, HHSFeb. 27, 2021Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)/library/FED-187/exhibit/FED-187
Ex. FED-190The President's Coronavirus Guidelines for America: 15 Days to Slow the SpreadThe President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)/library/FED-190/exhibit/FED-190
Ex. FED-19130 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)The President and the White House Coronavirus Task ForceMar. 31, 2020The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)/library/FED-191/exhibit/FED-191
Ex. FED-192Guidelines for Opening Up America Again (Apr. 16, 2020)The President and the White House Coronavirus Task ForceApr. 16, 2020The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)/library/FED-192/exhibit/FED-192
Ex. FED-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)/library/FED-194/exhibit/FED-194
Ex. FED-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-202Proclamation 9993President Donald J. TrumpMar. 11, 2020President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)/library/FED-202/exhibit/FED-202
Ex. FED-203Proclamation 9996President Donald J. TrumpMar. 14, 2020President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)/library/FED-203/exhibit/FED-203
Ex. FED-204Proclamation 10041President Donald J. TrumpMay 24, 2020President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)/library/FED-204/exhibit/FED-204
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-210Proclamation 10014President Donald J. TrumpApr. 22, 2020President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)/library/FED-210/exhibit/FED-210
Ex. FED-211Proclamation 10052President Donald J. TrumpJune 22, 2020President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)/library/FED-211/exhibit/FED-211
Ex. FED-212Proclamation 10054President Donald J. TrumpJune 29, 2020President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)/library/FED-212/exhibit/FED-212
Ex. FED-213Proclamation 10131President Donald J. TrumpDec. 31, 2020President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)/library/FED-213/exhibit/FED-213
Ex. FED-214Proclamation 10149President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)/library/FED-214/exhibit/FED-214
Ex. FED-216Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border ProtectionMar. 24, 2020U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)/library/FED-216/exhibit/FED-216
Ex. FED-217Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)/library/FED-217/exhibit/FED-217
Ex. FED-219Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)/library/FED-219/exhibit/FED-219
Ex. FED-222Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)/library/FED-222/exhibit/FED-222
Ex. FED-225Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)/library/FED-225/exhibit/FED-225
Ex. FED-226Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)/library/FED-226/exhibit/FED-226
Ex. FED-229Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)/library/FED-229/exhibit/FED-229
Ex. FED-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)/library/FED-232/exhibit/FED-232
Ex. FED-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)/library/FED-235/exhibit/FED-235
Ex. FED-239Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…DHS (Acting Secretary Chad F. Wolf), with CBPMar. 24, 2020DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)/library/FED-239/exhibit/FED-239
Ex. FED-240Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)/library/FED-240/exhibit/FED-240
Ex. FED-242Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)/library/FED-242/exhibit/FED-242
Ex. FED-245Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)/library/FED-245/exhibit/FED-245
Ex. FED-248Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)/library/FED-248/exhibit/FED-248
Ex. FED-249Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)/library/FED-249/exhibit/FED-249
Ex. FED-252Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)/library/FED-252/exhibit/FED-252
Ex. FED-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)/library/FED-255/exhibit/FED-255
Ex. FED-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)/library/FED-258/exhibit/FED-258
Ex. FED-264OMB Memorandum M-20-16Office of Management and Budget (Acting Director Russell T. Vought)Mar. 17, 2020Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)/library/FED-264/exhibit/FED-264
Ex. FED-265OMB Memorandum M-20-17Office of Management and BudgetMar. 19, 2020Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)/library/FED-265/exhibit/FED-265
Ex. FED-266OMB Memorandum M-20-18Office of Management and Budget (Deputy Director for Management)Mar. 20, 2020Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)/library/FED-266/exhibit/FED-266
Ex. FED-267OMB Memorandum M-20-19Office of Management and BudgetMar. 22, 2020Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)/library/FED-267/exhibit/FED-267
Ex. FED-268OMB/OPM Memorandum M-20-23Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)Apr. 20, 2020Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)/library/FED-268/exhibit/FED-268
Ex. FED-270Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task ForceJan. 24, 2021Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)/library/FED-270/exhibit/FED-270
Ex. FED-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)/library/FED-271/exhibit/FED-271
Ex. FED-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)/library/FED-272/exhibit/FED-272
Ex. FED-274Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Safer Federal Workforce Task Force; approved by the Director of OMBSept. 24, 2021Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)/library/FED-274/exhibit/FED-274
Ex. FED-275Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)Office of Management and Budget (Acting Director Shalanda D. Young)Sept. 24, 2021Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)/library/FED-275/exhibit/FED-275
Ex. FED-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)/library/FED-278/exhibit/FED-278
Ex. FED-279Order of March 16, 2020 (COVID-19 building access)United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)Mar. 16, 2020United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)/library/FED-279/exhibit/FED-279
Ex. FED-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)/library/FED-280/exhibit/FED-280
Ex. FED-281Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019Deputy Secretary of Defense David L. NorquistMar. 13, 2020Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)/library/FED-281/exhibit/FED-281
Ex. FED-282Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel RestrictionsSecretary of Defense Mark T. EsperApr. 20, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)/library/FED-282/exhibit/FED-282
Ex. FED-283Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…Secretary of Defense Mark T. EsperMay 22, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)/library/FED-283/exhibit/FED-283
Ex. FED-284Order of the Chief Judge No. 20-042Chief Judge Virginia A. PhillipsMar. 19, 2020Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)/library/FED-284/exhibit/FED-284
Ex. FED-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)/library/FED-285/exhibit/FED-285
Ex. FED-286General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)/library/FED-286/exhibit/FED-286
Ex. FED-288General Order 2020-8Chief Judge Philip A. BrimmerMay 6, 2020Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)/library/FED-288/exhibit/FED-288
Ex. FED-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)/library/FED-290
Ex. FED-291Press release of March 16, 2020 (postponement of the March 2020 argument session)Supreme Court of the United States (Public Information Office)Mar. 16, 2020Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)/library/FED-291/exhibit/FED-291
Ex. FED-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)/library/FED-292/exhibit/FED-292
Ex. FED-293Press release of April 3, 2020 (postponement of the April 2020 argument session)Supreme Court of the United States (Public Information Office)Apr. 3, 2020Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)/library/FED-293/exhibit/FED-293
Ex. FED-294Press release of April 13, 2020 (telephone arguments in May 2020)Supreme Court of the United States (Public Information Office)Apr. 13, 2020Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)/library/FED-294/exhibit/FED-294
Ex. FED-295Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020Mar. 29, 2020Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)/library/FED-295/exhibit/FED-295
Ex. FED-296Tenth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerFeb. 12, 2021Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)/library/FED-296/exhibit/FED-296
Ex. FED-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)/library/FED-297/exhibit/FED-297
Ex. FED-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)/library/FED-298/exhibit/FED-298
Ex. FED-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)/library/FED-299/exhibit/FED-299
Ex. FED-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)/library/FED-300/exhibit/FED-300
Ex. FED-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-303Standing Order 20-17Chief Judge Freda L. WolfsonNov. 25, 2020Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)/library/FED-303/exhibit/FED-303
Ex. FED-304Third Extension of Standing Order 20-12Chief Judge Freda L. WolfsonDec. 17, 2020Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)/library/FED-304/exhibit/FED-304
Ex. FED-305Standing Order 21-02Chief Judge Freda L. WolfsonMar. 17, 2021Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)/library/FED-305/exhibit/FED-305
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-310Second Amended Standing Order 2020-02Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)/library/FED-310/exhibit/FED-310
Ex. FED-311Standing Order 2020-04Chief Judge James K. BredarMar. 16, 2020Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)/library/FED-311/exhibit/FED-311
Ex. FED-312Standing Order 2020-05Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)/library/FED-312/exhibit/FED-312
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-316Fourth Amendment to General Order 20-01Chief Judge Thomas W. Thrash, Jr.July 31, 2020Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)/library/FED-316/exhibit/FED-316
Ex. FED-317General Order 72Chief Judge Phyllis J. HamiltonMar. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)/library/FED-317/exhibit/FED-317
Ex. FED-318General Order 72-2Chief Judge Phyllis J. HamiltonApr. 30, 2020Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)/library/FED-318/exhibit/FED-318
Ex. FED-319Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…U.S. Department of State, Bureau of Consular AffairsMar. 26, 2020U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)/library/FED-319
Ex. FED-320Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)U.S. Department of Homeland Security, U.S. Citizenship and Immigration ServicesApr. 20, 2020U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)/library/FED-320/exhibit/FED-320
Ex. FED-321Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)U.S. Department of Homeland Security, USCISMay 14, 2020U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)/library/FED-321/exhibit/FED-321
Ex. FED-322Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…DHS, USCISAug. 20, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)/library/FED-322/exhibit/FED-322
Ex. FED-323Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…DHS, USCISDec. 18, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)/library/FED-323/exhibit/FED-323
Ex. FED-324USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020U.S. Citizenship and Immigration ServicesMar. 17, 2020U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)/library/FED-324/exhibit/FED-324
Ex. FED-325USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4U.S. Citizenship and Immigration ServicesMay 27, 2020U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)/library/FED-325/exhibit/FED-325
Ex. FED-327Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)U.S. Department of State, Bureau of Consular AffairsMar. 20, 2020U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)/library/FED-327/exhibit/FED-327
Ex. FED-328Phased Resumption of Routine Visa Services (announcement of July 14, 2020)U.S. Department of State, Bureau of Consular AffairsJuly 14, 2020U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)/library/FED-328/exhibit/FED-328
Ex. FED-331General Order 72-4Chief Judge Phyllis J. HamiltonJune 24, 2020Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)/library/FED-331/exhibit/FED-331
Ex. FED-332General Order 72-5Chief Judge Phyllis J. HamiltonJuly 23, 2020Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)/library/FED-332/exhibit/FED-332
Ex. FED-333General Order 72-6Chief Judge Phyllis J. HamiltonSept. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)/library/FED-333/exhibit/FED-333
Ex. FED-334General Order 73 (Amended May 21, 2020)Chief Judge Phyllis J. HamiltonMay 21, 2020Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)/library/FED-334/exhibit/FED-334
Ex. FED-336General Order 77Chief Judge Phyllis J. HamiltonJune 9, 2020Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)/library/FED-336/exhibit/FED-336
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-338General Order 20-0012 (original)Chief Judge Rebecca R. PallmeyerMar. 12, 2020Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)/library/FED-338/exhibit/FED-338
Ex. FED-339Eighth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerNov. 13, 2020Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)/library/FED-339/exhibit/FED-339
Ex. FED-340CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…Congress (Pub. L. 116-136, signed Mar. 27, 2020)Mar. 27, 2020Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)/library/FED-340/exhibit/FED-340
Ex. FED-342Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank SupervisorsApr. 7, 2020Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)/library/FED-342/exhibit/FED-342
Ex. FED-343Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…Bureau of Consumer Financial ProtectionJune 30, 2020Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)/library/FED-343/exhibit/FED-343
Ex. FED-344Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…Bureau of Consumer Financial ProtectionJune 25, 2021Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)/library/FED-344/exhibit/FED-344
Ex. FED-345Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)President Donald J. Trump (Memorandum for the Secretary of Education)Aug. 8, 2020President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)/library/FED-345/exhibit/FED-345
Ex. FED-346FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed MortgagesFederal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie MacMar. 18, 2020Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)/library/FED-346/exhibit/FED-346
Ex. FED-348FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)Federal Housing Finance AgencyJune 17, 2020Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)/library/FED-348/exhibit/FED-348
Ex. FED-349FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)Federal Housing Finance AgencyAug. 27, 2020Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)/library/FED-349/exhibit/FED-349
Ex. FED-350FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)Federal Housing Finance AgencyDec. 2, 2020Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)/library/FED-350/exhibit/FED-350
Ex. FED-353FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…Federal Housing Finance AgencyFeb. 25, 2021Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)/library/FED-353/exhibit/FED-353
Ex. FED-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)/library/FED-354/exhibit/FED-354
Ex. FED-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)/library/FED-355/exhibit/FED-355
Ex. FED-356Mortgagee Letter 2020-04U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)Mar. 18, 2020U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)/library/FED-356/exhibit/FED-356
Ex. FED-359Mortgagee Letter 2020-19HUD, Federal Housing AdministrationJune 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)/library/FED-359
Ex. FED-360Mortgagee Letter 2020-27HUD, Federal Housing AdministrationAug. 27, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)/library/FED-360/exhibit/FED-360
Ex. FED-361Mortgagee Letter 2020-43HUD, Federal Housing AdministrationDec. 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)/library/FED-361/exhibit/FED-361
Ex. FED-362Mortgagee Letter 2021-03HUD, Federal Housing AdministrationJan. 21, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)/library/FED-362/exhibit/FED-362
Ex. FED-363Mortgagee Letter 2021-05HUD, Federal Housing AdministrationFeb. 16, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)/library/FED-363/exhibit/FED-363
Ex. FED-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-367Circular 26-20-7Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty ServiceMar. 16, 2020Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)/library/FED-367/exhibit/FED-367
Ex. FED-368Circular 26-20-8VA, Loan Guaranty ServiceMar. 18, 2020VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)/library/FED-368/exhibit/FED-368
Ex. FED-369Circular 26-20-12VA, Loan Guaranty ServiceApr. 8, 2020VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)/library/FED-369/exhibit/FED-369
Ex. FED-371Circular 26-20-22VA, Loan Guaranty ServiceJune 17, 2020VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)/library/FED-371/exhibit/FED-371
Ex. FED-372Circular 26-20-23VA, Loan Guaranty ServiceJune 18, 2020VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)/library/FED-372/exhibit/FED-372
Ex. FED-373Circular 26-20-29VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)/library/FED-373/exhibit/FED-373
Ex. FED-374Circular 26-20-30VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)/library/FED-374/exhibit/FED-374
Ex. FED-375Circular 26-20-40VA, Loan Guaranty ServiceDec. 28, 2020VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)/library/FED-375/exhibit/FED-375
Ex. FED-376Circular 26-21-2VA, Loan Guaranty ServiceJan. 29, 2021VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)/library/FED-376/exhibit/FED-376
Ex. FED-377Circular 26-21-5VA, Loan Guaranty ServiceFeb. 16, 2021VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)/library/FED-377
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-381USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…U.S. Department of Agriculture, Rural DevelopmentMar. 19, 2020U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)/library/FED-381
Ex. FED-382USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…USDA Rural DevelopmentDec. 28, 2020USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)/library/FED-382
Ex. FED-384USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…USDA Rural Development (with the White House announcement of June 24, 2021)June 24, 2021USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)/library/FED-384
Ex. FED-385USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)July 30, 2021USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)/library/FED-385/exhibit/FED-385
Ex. FED-386Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…Secretary of the Interior David L. BernhardtMar. 22, 2020Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)/library/FED-386/exhibit/FED-386
Ex. FED-387NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…Secretary of the Interior David L. Bernhardt; National Park ServiceMar. 18, 2020Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)/library/FED-387/exhibit/FED-387
Ex. FED-389BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in OregonBureau of Land Management, Oregon/Washington State Office and District ManagersMar. 27, 2020Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)/library/FED-389/exhibit/FED-389
Ex. FED-390Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitorsBureau of ReclamationMar. 17, 2020Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)/library/FED-390/exhibit/FED-390
Ex. FED-391USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment OnlyU.S. Department of Agriculture, Farm Production and Conservation mission areaMar. 23, 2020U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)/library/FED-391
Ex. FED-393USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…U.S. Army Corps of Engineers Headquarters and district commandersMar. 17, 2020U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)/library/FED-393
Ex. FED-396The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…The President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)/library/FED-396/exhibit/FED-396
Ex. FED-398H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)May 15, 2020U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)/library/FED-398/exhibit/FED-398
Ex. LAW-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)/library/LAW-001/exhibit/LAW-001
Ex. LAW-002Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…United States CongressDec. 27, 2020United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)/library/LAW-002/exhibit/LAW-002
Ex. LAW-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)/library/LAW-003/exhibit/LAW-003
Ex. LAW-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)/library/LAW-004/exhibit/LAW-004
Ex. TX-004Executive Order GA-09Governor Greg AbbottMar. 22, 2020Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)/library/TX-004/exhibit/TX-004
Ex. VT-001Executive Order No. 01-20Governor Philip B. ScottMar. 13, 2020Governor Philip B. Scott, Executive Order No. 01-20 (Mar. 13, 2020) (Ex. VT-001)/library/VT-001/exhibit/VT-001
Ex. VT-002Gubernatorial Directive 1 to All School Boards and SuperintendentsGovernor Philip B. ScottMar. 15, 2020Governor Philip B. Scott, Gubernatorial Directive 1 to All School Boards and Superintendents (Mar. 15, 2020) (Ex. VT-002)/library/VT-002/exhibit/VT-002
Ex. VT-004Addendum 2 to Executive Order 01-20Governor Philip B. ScottMar. 16, 2020Governor Philip B. Scott, Addendum 2 to Executive Order 01-20 (Mar. 16, 2020) (Ex. VT-004)/library/VT-004/exhibit/VT-004
Ex. VT-005Gubernatorial Directive 2 to All School Boards, Superintendents, and Child Care ProgramsGovernor Philip B. ScottMar. 17, 2020Governor Philip B. Scott, Gubernatorial Directive 2 to All School Boards, Superintendents, and Child Care Programs (Mar. 17, 2020) (Ex. VT-005)/library/VT-005/exhibit/VT-005
Ex. VT-006Gubernatorial Directive 3 to the Department of Motor Vehicles (Mar. 18, 2020)Governor Philip B. ScottMar. 18, 2020Governor Philip B. Scott, Gubernatorial Directive 3 to the Department of Motor Vehicles (Mar. 18, 2020) (Ex. VT-006)/library/VT-006/exhibit/VT-006
Ex. VT-007Addendum 3 to Executive Order 01-20Governor Philip B. ScottMar. 20, 2020Governor Philip B. Scott, Addendum 3 to Executive Order 01-20 (Mar. 20, 2020) (Ex. VT-007)/library/VT-007/exhibit/VT-007
Ex. VT-008Addendum 4 to Executive Order 01-20Governor Philip B. ScottMar. 20, 2020Governor Philip B. Scott, Addendum 4 to Executive Order 01-20 (Mar. 20, 2020) (Ex. VT-008)/library/VT-008/exhibit/VT-008
Ex. VT-009Addendum 5 to Executive Order 01-20Governor Philip B. ScottMar. 23, 2020Governor Philip B. Scott, Addendum 5 to Executive Order 01-20 (Mar. 23, 2020) (Ex. VT-009)/library/VT-009/exhibit/VT-009
Ex. VT-010Addendum 6 to Executive Order 01-20Governor Philip B. ScottMar. 24, 2020Governor Philip B. Scott, Addendum 6 to Executive Order 01-20 (Mar. 24, 2020) (Ex. VT-010)/library/VT-010/exhibit/VT-010
Ex. VT-011Gubernatorial Directive 5 to All School Boards and Superintendents and Child Care ProvidersGovernor Philip B. ScottMar. 26, 2020Governor Philip B. Scott, Gubernatorial Directive 5 to All School Boards and Superintendents and Child Care Providers (Mar. 26, 2020) (Ex. VT-011)/library/VT-011/exhibit/VT-011
Ex. VT-012Addendum 7 to Executive Order 01-20Governor Philip B. ScottMar. 30, 2020Governor Philip B. Scott, Addendum 7 to Executive Order 01-20 (Mar. 30, 2020) (Ex. VT-012)/library/VT-012/exhibit/VT-012
Ex. VT-013Addendum 8 to Executive Order 01-20Governor Philip B. ScottApr. 3, 2020Governor Philip B. Scott, Addendum 8 to Executive Order 01-20 (Apr. 3, 2020) (Ex. VT-013)/library/VT-013/exhibit/VT-013
Ex. VT-014Addendum 9 to Executive Order 01-20Governor Philip B. ScottApr. 10, 2020Governor Philip B. Scott, Addendum 9 to Executive Order 01-20 (Apr. 10, 2020) (Ex. VT-014)/library/VT-014/exhibit/VT-014
Ex. VT-015Addendum 10 to Executive Order 01-20Governor Philip B. ScottApr. 17, 2020Governor Philip B. Scott, Addendum 10 to Executive Order 01-20 (Apr. 17, 2020) (Ex. VT-015)/library/VT-015/exhibit/VT-015
Ex. VT-016Addendum 11 to Executive Order 01-20Governor Philip B. ScottApr. 24, 2020Governor Philip B. Scott, Addendum 11 to Executive Order 01-20 (Apr. 24, 2020) (Ex. VT-016)/library/VT-016/exhibit/VT-016
Ex. VT-017Addendum 12 to Executive Order 01-20Governor Philip B. ScottMay 1, 2020Governor Philip B. Scott, Addendum 12 to Executive Order 01-20 (May 1, 2020) (Ex. VT-017)/library/VT-017/exhibit/VT-017
Ex. VT-018Amendment to Addendum 3 to Executive Order 01-20Governor Philip B. ScottMay 4, 2020Governor Philip B. Scott, Amendment to Addendum 3 to Executive Order 01-20 (May 4, 2020) (Ex. VT-018)/library/VT-018/exhibit/VT-018
Ex. VT-019Addendum 13 to Executive Order 01-20Governor Philip B. ScottMay 6, 2020Governor Philip B. Scott, Addendum 13 to Executive Order 01-20 (May 6, 2020) (Ex. VT-019)/library/VT-019/exhibit/VT-019
Ex. VT-020Amendment to Addendum 6 to Executive Order 01-20Governor Philip B. ScottMay 13, 2020Governor Philip B. Scott, Amendment to Addendum 6 to Executive Order 01-20 (May 13, 2020) (Ex. VT-020)/library/VT-020/exhibit/VT-020
Ex. VT-021Addendum 14 to Executive Order 01-20Governor Philip B. ScottMay 15, 2020Governor Philip B. Scott, Addendum 14 to Executive Order 01-20 (May 15, 2020) (Ex. VT-021)/library/VT-021/exhibit/VT-021
Ex. VT-022Addendum 15 to Executive Order 01-20Governor Philip B. ScottMay 22, 2020Governor Philip B. Scott, Addendum 15 to Executive Order 01-20 (May 22, 2020) (Ex. VT-022)/library/VT-022/exhibit/VT-022
Ex. VT-023Addendum 16 to Executive Order 01-20Governor Philip B. ScottMay 29, 2020Governor Philip B. Scott, Addendum 16 to Executive Order 01-20 (May 29, 2020) (Ex. VT-023)/library/VT-023/exhibit/VT-023
Ex. VT-024Addendum 17 to Executive Order 01-20Governor Philip B. ScottJune 5, 2020Governor Philip B. Scott, Addendum 17 to Executive Order 01-20 (June 5, 2020) (Ex. VT-024)/library/VT-024/exhibit/VT-024
Ex. VT-025Amended and Restated Executive Order No. 01-20Governor Philip B. ScottJune 15, 2020Governor Philip B. Scott, Amended and Restated Executive Order No. 01-20 (June 15, 2020) (Ex. VT-025)/library/VT-025/exhibit/VT-025
Ex. VT-026Addendum 1 to Amended and Restated Executive Order 01-20Governor Philip B. ScottJuly 15, 2020Governor Philip B. Scott, Addendum 1 to Amended and Restated Executive Order 01-20 (July 15, 2020) (Ex. VT-026)/library/VT-026/exhibit/VT-026
Ex. VT-027Addendum 2 to Amended and Restated Executive Order No. 01-20Governor Philip B. ScottJuly 24, 2020Governor Philip B. Scott, Addendum 2 to Amended and Restated Executive Order No. 01-20 (July 24, 2020) (Ex. VT-027)/library/VT-027/exhibit/VT-027
Ex. VT-028Gubernatorial Directive No. 6 to All School Boards and SuperintendentsGovernor Philip B. ScottJuly 29, 2020Governor Philip B. Scott, Gubernatorial Directive No. 6 to All School Boards and Superintendents (July 29, 2020) (Ex. VT-028)/library/VT-028/exhibit/VT-028
Ex. VT-029Addendum 3 to Amended and Restated Executive Order 01-20Governor Philip B. ScottAug. 14, 2020Governor Philip B. Scott, Addendum 3 to Amended and Restated Executive Order 01-20 (Aug. 14, 2020) (Ex. VT-029)/library/VT-029/exhibit/VT-029
Ex. VT-030Addendum 4 to Amended and Restated Executive Order 01-20Governor Philip B. ScottAug. 18, 2020Governor Philip B. Scott, Addendum 4 to Amended and Restated Executive Order 01-20 (Aug. 18, 2020) (Ex. VT-030)/library/VT-030/exhibit/VT-030
Ex. VT-031Addendum 5 to Amended and Restated Executive Order 01-20Governor Philip B. ScottSept. 11, 2020Governor Philip B. Scott, Addendum 5 to Amended and Restated Executive Order 01-20 (Sept. 11, 2020) (Ex. VT-031)/library/VT-031/exhibit/VT-031
Ex. VT-032Addendum 6 to Amended and Restated Executive Order 01-20Governor Philip B. ScottOct. 15, 2020Governor Philip B. Scott, Addendum 6 to Amended and Restated Executive Order 01-20 (Oct. 15, 2020) (Ex. VT-032)/library/VT-032/exhibit/VT-032
Ex. VT-033Addendum 7 to Amended and Restated Executive Order 01-20Governor Philip B. ScottOct. 16, 2020Governor Philip B. Scott, Addendum 7 to Amended and Restated Executive Order 01-20 (Oct. 16, 2020) (Ex. VT-033)/library/VT-033/exhibit/VT-033
Ex. VT-034Addendum 8 to Amended and Restated Executive Order 01-20Governor Philip B. ScottNov. 13, 2020Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 (Nov. 13, 2020) (Ex. VT-034)/library/VT-034/exhibit/VT-034
Ex. VT-035Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED]Governor Philip B. ScottNov. 20, 2020Governor Philip B. Scott, Addendum 8 to Amended and Restated Executive Order 01-20 [UPDATED] (Nov. 20, 2020) (Ex. VT-035)/library/VT-035/exhibit/VT-035
Ex. VT-036Addendum 9 to Amended and Restated Executive Order 01-20Governor Philip B. ScottDec. 15, 2020Governor Philip B. Scott, Addendum 9 to Amended and Restated Executive Order 01-20 (Dec. 15, 2020) (Ex. VT-036)/library/VT-036/exhibit/VT-036
Ex. VT-037Addendum 10 to Amended and Restated Executive Order 01-20Governor Philip B. ScottJan. 15, 2021Governor Philip B. Scott, Addendum 10 to Amended and Restated Executive Order 01-20 (Jan. 15, 2021) (Ex. VT-037)/library/VT-037/exhibit/VT-037
Ex. VT-038Addendum 11 to Amended and Restated Executive Order 01-20Governor Philip B. ScottFeb. 15, 2021Governor Philip B. Scott, Addendum 11 to Amended and Restated Executive Order 01-20 (Feb. 15, 2021) (Ex. VT-038)/library/VT-038/exhibit/VT-038
Ex. VT-039Addendum 12 to Amended and Restated Executive Order 01-20Governor Philip B. ScottMar. 15, 2021Governor Philip B. Scott, Addendum 12 to Amended and Restated Executive Order 01-20 (Mar. 15, 2021) (Ex. VT-039)/library/VT-039/exhibit/VT-039
Ex. VT-040Addendum 13 to Amended and Restated Executive Order 01-20Governor Philip B. ScottApr. 1, 2021Governor Philip B. Scott, Addendum 13 to Amended and Restated Executive Order 01-20 (Apr. 1, 2021) (Ex. VT-040)/library/VT-040/exhibit/VT-040
Ex. VT-041Addendum 14 to Amended and Restated Executive Order 01-20Governor Philip B. ScottApr. 15, 2021Governor Philip B. Scott, Addendum 14 to Amended and Restated Executive Order 01-20 (Apr. 15, 2021) (Ex. VT-041)/library/VT-041/exhibit/VT-041
Ex. VT-042Addendum 15 to Amended and Restated Executive Order No. 01-20Governor Philip B. ScottApr. 30, 2021Governor Philip B. Scott, Addendum 15 to Amended and Restated Executive Order No. 01-20 (Apr. 30, 2021) (Ex. VT-042)/library/VT-042/exhibit/VT-042
Ex. VT-043Addendum 16 to Amended and Restated Executive Order No. 01-20Governor Philip B. ScottMay 14, 2021Governor Philip B. Scott, Addendum 16 to Amended and Restated Executive Order No. 01-20 (May 14, 2021) (Ex. VT-043)/library/VT-043/exhibit/VT-043
Ex. VT-044Executive Order No. 06-21Governor Philip B. ScottJune 15, 2021Governor Philip B. Scott, Executive Order No. 06-21 (June 15, 2021) (Ex. VT-044)/library/VT-044/exhibit/VT-044
Ex. VT-0452020 Acts and Resolves No. 91Vermont General Assembly (H.742), signed by Governor ScottMar. 30, 2020Vermont General Assembly (H.742), signed by Governor Scott, 2020 Acts and Resolves No. 91 (Mar. 30, 2020) (Ex. VT-045)/library/VT-045/exhibit/VT-045
Ex. VT-0462020 Acts and Resolves No. 101Vermont General Assembly (S.333), signed by Governor Scott May 14, 2020May 14, 2020Vermont General Assembly (S.333), signed by Governor Scott May 14, 2020, 2020 Acts and Resolves No. 101 (May 14, 2020) (Ex. VT-046)/library/VT-046/exhibit/VT-046
Ex. VT-0472021 Acts and Resolves No. 1 (Special Session)Vermont General Assembly (S.1, Special Session), signed by Governor Scott November 23, 2021Nov. 23, 2021Vermont General Assembly (S.1, Special Session), signed by Governor Scott November 23, 2021, 2021 Acts and Resolves No. 1 (Special Session) (Nov. 23, 2021) (Ex. VT-047)/library/VT-047/exhibit/VT-047
Ex. VT-048Supreme Court Administrative Directive No. 36Vermont Supreme Court (memo to the bar by State Court Administrator Patricia Gabel)Mar. 13, 2020Vermont Supreme Court (memo to the bar by State Court Administrator Patricia Gabel), Supreme Court Administrative Directive No. 36 (Mar. 13, 2020) (Ex. VT-048)/library/VT-048/exhibit/VT-048
Ex. VT-049Administrative Order No. 49Vermont Supreme Court (memo to the bar by the State Court Administrator)Mar. 16, 2020Vermont Supreme Court (memo to the bar by the State Court Administrator), Administrative Order No. 49 (Mar. 16, 2020) (Ex. VT-049)/library/VT-049/exhibit/VT-049
Ex. VT-050Eighth Amendment to Administrative Order No. 49 (promulgated April 21, 2020)Vermont Supreme Court (memo to the bar)Apr. 21, 2020Vermont Supreme Court (memo to the bar), Eighth Amendment to Administrative Order No. 49 (promulgated April 21, 2020) (Apr. 21, 2020) (Ex. VT-050)/library/VT-050/exhibit/VT-050
Ex. VT-051Tenth Amendment to Administrative Order No. 49 (promulgated May 13, 2020)Vermont Supreme Court (memo to the bar)May 13, 2020Vermont Supreme Court (memo to the bar), Tenth Amendment to Administrative Order No. 49 (promulgated May 13, 2020) (Ex. VT-051)/library/VT-051/exhibit/VT-051
Ex. VT-052Fourteenth Amendment to Administrative Order No. 49 (promulgated August 20, 2020)Vermont Supreme Court (memo to the bar)Aug. 20, 2020Vermont Supreme Court (memo to the bar), Fourteenth Amendment to Administrative Order No. 49 (promulgated August 20, 2020) (Aug. 20, 2020) (Ex. VT-052)/library/VT-052/exhibit/VT-052
Ex. VT-053Eighteenth Amendment to Administrative Order No. 49 (promulgated December 4, 2020)Vermont Supreme Court (memo to the bar)Dec. 4, 2020Vermont Supreme Court (memo to the bar), Eighteenth Amendment to Administrative Order No. 49 (promulgated December 4, 2020) (Dec. 4, 2020) (Ex. VT-053)/library/VT-053/exhibit/VT-053
Ex. VT-054Nineteenth Amendment to Administrative Order No. 49 (promulgated December 22, 2020)Vermont Supreme Court (memo to the bar)Dec. 22, 2020Vermont Supreme Court (memo to the bar), Nineteenth Amendment to Administrative Order No. 49 (promulgated December 22, 2020) (Dec. 22, 2020) (Ex. VT-054)/library/VT-054/exhibit/VT-054
Ex. VT-055Amendment to Administrative Order No. 49 (promulgated March 8, 2021)Vermont Supreme Court (memo to the bar)Mar. 8, 2021Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated March 8, 2021) (Mar. 8, 2021) (Ex. VT-055)/library/VT-055/exhibit/VT-055
Ex. VT-056Amendment to Administrative Order No. 49 (promulgated May 12, 2021)Vermont Supreme Court (memo to the bar)May 12, 2021Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated May 12, 2021) (Ex. VT-056)/library/VT-056/exhibit/VT-056
Ex. VT-057Amendment to Administrative Order No. 49 (promulgated June 25, 2021)Vermont Supreme Court (memo to the bar)June 25, 2021Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated June 25, 2021) (Ex. VT-057)/library/VT-057/exhibit/VT-057
Ex. VT-058Memorandum to the Vermont Bar, Update on COVID-19 Pandemic MeasuresState Court Administrator Patricia GabelJune 18, 2021State Court Administrator Patricia Gabel, Memorandum to the Vermont Bar, Update on COVID-19 Pandemic Measures (June 18, 2021) (Ex. VT-058)/library/VT-058/exhibit/VT-058
Ex. VT-059Memorandum to the bar, Changes to Administrative Directive Regarding Court Operations (PG-13 amended July 6, 2021)State Court Administrator (Administrative Directive No. PG-13 as amended July 6, 2021)July 6, 2021State Court Administrator (Administrative Directive No. PG-13 as amended July 6, 2021), Memorandum to the bar, Changes to Administrative Directive Regarding Court Operations (PG-13 amended July 6, 2021) (Ex. VT-059)/library/VT-059/exhibit/VT-059
Ex. VT-060Administrative Directive No. PG-13, Health Screening and Safety Protocols for All Vermont Courthouses and Judiciary Facilities During the Judicial Emergency…State Court AdministratorSept. 1, 2021State Court Administrator, Administrative Directive No. PG-13, Health Screening and Safety Protocols for All Vermont Courthouses and Judiciary Facilities During the Judicial Emergency (amended March 8, July 1, July 6 and September 1, 2021) (Sept. 1, 2021) (Ex. VT-060)/library/VT-060/exhibit/VT-060
Ex. VT-061Amendment to Administrative Order No. 49 (promulgated September 1, 2021)Vermont Supreme Court (memo to the bar)Sept. 1, 2021Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated September 1, 2021) (Sept. 1, 2021) (Ex. VT-061)/library/VT-061/exhibit/VT-061
Ex. VT-062Amendment to Administrative Order No. 49 (promulgated October 14, 2021)Vermont Supreme Court (memo to the bar)Oct. 14, 2021Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated October 14, 2021) (Oct. 14, 2021) (Ex. VT-062)/library/VT-062/exhibit/VT-062
Ex. VT-063Amendment to Administrative Order No. 49 (promulgated November 4, 2021)Vermont Supreme Court (memo to the bar)Nov. 4, 2021Vermont Supreme Court (memo to the bar), Amendment to Administrative Order No. 49 (promulgated November 4, 2021) (Nov. 4, 2021) (Ex. VT-063)/library/VT-063/exhibit/VT-063
Ex. VT-064Emergency Rule H-2020-02-EDepartment of Financial Regulation, Commissioner Michael S. PieciakMar. 16, 2020Department of Financial Regulation, Commissioner Michael S. Pieciak, Emergency Rule H-2020-02-E (Mar. 16, 2020) (Ex. VT-064)/library/VT-064/exhibit/VT-064
Ex. VT-065Insurance Bulletin No. 211Department of Financial Regulation, Commissioner PieciakMar. 18, 2020Department of Financial Regulation, Commissioner Pieciak, Insurance Bulletin No. 211 (Mar. 18, 2020) (Ex. VT-065)/library/VT-065/exhibit/VT-065
Ex. VT-066Insurance Bulletin No. 210 (revised May 13, 2020)Department of Financial RegulationMay 13, 2020Department of Financial Regulation, Insurance Bulletin No. 210 (revised May 13, 2020) (Ex. VT-066)/library/VT-066/exhibit/VT-066
Ex. VT-067Emergency Rule H-2020-05-EDepartment of Financial RegulationSept. 16, 2020Department of Financial Regulation, Emergency Rule H-2020-05-E (Sept. 16, 2020) (Ex. VT-067)/library/VT-067/exhibit/VT-067
Ex. VT-068Emergency Rule H-2020-06-EDepartment of Financial RegulationOct. 23, 2020Department of Financial Regulation, Emergency Rule H-2020-06-E (Oct. 23, 2020) (Ex. VT-068)/library/VT-068/exhibit/VT-068
Ex. VT-069Insurance Bulletin No. 218Department of Financial RegulationNov. 9, 2020Department of Financial Regulation, Insurance Bulletin No. 218 (Nov. 9, 2020) (Ex. VT-069)/library/VT-069/exhibit/VT-069
Ex. VT-070Emergency Rule H-2021-01-EDepartment of Financial RegulationJuly 1, 2021Department of Financial Regulation, Emergency Rule H-2021-01-E (July 1, 2021) (Ex. VT-070)/library/VT-070/exhibit/VT-070
Ex. VT-071Agency of Education guidance, Instructional Operations for Fall 2021 (rev. May 28, 2021)Agency of EducationMay 28, 2021Agency of Education, Agency of Education guidance, Instructional Operations for Fall 2021 (rev. May 28, 2021) (Ex. VT-071)/library/VT-071/exhibit/VT-071
Ex. VT-072Agency of Education memorandum to superintendents, UPDATED: School District Authority to Require MasksSecretary of Education Daniel M. FrenchAug. 18, 2021Secretary of Education Daniel M. French, Agency of Education memorandum to superintendents, UPDATED: School District Authority to Require Masks (Aug. 18, 2021) (Ex. VT-072)/library/VT-072/exhibit/VT-072
Ex. VT-074COVID-19 Advisory Memorandum, COVID-19 Contact Tracing for Fall 2021Secretary of Education French and Commissioner of Health LevineAug. 19, 2021Secretary of Education French and Commissioner of Health Levine, COVID-19 Advisory Memorandum, COVID-19 Contact Tracing for Fall 2021 (Aug. 19, 2021) (Ex. VT-074)/library/VT-074/exhibit/VT-074
Ex. VT-075Memorandum, COVID-19 Prevention Recommendations for End of the School YearSecretary of Education French and Commissioner of Health LevineMay 28, 2021Secretary of Education French and Commissioner of Health Levine, Memorandum, COVID-19 Prevention Recommendations for End of the School Year (May 28, 2021) (Ex. VT-075)/library/VT-075/exhibit/VT-075
Ex. VT-0762021 Acts and Resolves No. 70Vermont General Assembly (H.313), signed by Governor Scott June 8, 2021June 8, 2021Vermont General Assembly (H.313), signed by Governor Scott June 8, 2021, 2021 Acts and Resolves No. 70 (June 8, 2021) (Ex. VT-076)/library/VT-076/exhibit/VT-076
Ex. VT-077Insurance Bulletin No. 217Department of Financial RegulationSept. 22, 2020Department of Financial Regulation, Insurance Bulletin No. 217 (Sept. 22, 2020) (Ex. VT-077)/library/VT-077/exhibit/VT-077
Ex. VT-078Governor's release, Governor Phil Scott Announces State Has Reached Its 80% Vaccination Goal; Lifts All State Covid-19 RestrictionsOffice of Governor Phil Scott (official release)June 14, 2021Office of Governor Phil Scott (official release), Governor's release, Governor Phil Scott Announces State Has Reached Its 80% Vaccination Goal; Lifts All State Covid-19 Restrictions (June 14, 2021) (Ex. VT-078)/library/VT-078/exhibit/VT-078
Ex. VT-079Governor's release, As State of Emergency Ends, Governor Phil Scott Acts to Ensure Continuity in Select Critical ServicesOffice of Governor Phil Scott (official release)June 15, 2021Office of Governor Phil Scott (official release), Governor's release, As State of Emergency Ends, Governor Phil Scott Acts to Ensure Continuity in Select Critical Services (June 15, 2021) (Ex. VT-079)/library/VT-079/exhibit/VT-079
Ex. VT-080Governor's release, Governor Phil Scott Announces Pause to the State's Safe Travel Policy, Compliance Checks and Expanded Testing (cross-state travel map…Office of Governor Phil Scott (official release); Secretary of ACCD under Amended and Restated EO 01-20 § 11(a)Nov. 10, 2020Office of Governor Phil Scott (official release); Secretary of ACCD under Amended and Restated EO 01-20 § 11(a), Governor's release, Governor Phil Scott Announces Pause to the State's Safe Travel Policy, Compliance Checks and Expanded Testing (cross-state travel map suspended; universal quarantine) (Nov. 10, 2020) (Ex. VT-080)/library/VT-080/exhibit/VT-080
Ex. VT-081Governor's release, Governor Phil Scott and State Officials Announce the Vermont Forward PlanOffice of Governor Phil Scott with ACCD and VDH (official release)Apr. 6, 2021Office of Governor Phil Scott with ACCD and VDH (official release), Governor's release, Governor Phil Scott and State Officials Announce the Vermont Forward Plan (Apr. 6, 2021) (Ex. VT-081)/library/VT-081/exhibit/VT-081
Ex. VT-082Governor's release, Governor Phil Scott Announces New COVID-19 Travel and Gathering GuidanceOffice of Governor Phil Scott (official release); ACCD guidance under Amended and Restated EO 01-20 § 11Feb. 23, 2021Office of Governor Phil Scott (official release); ACCD guidance under Amended and Restated EO 01-20 § 11, Governor's release, Governor Phil Scott Announces New COVID-19 Travel and Gathering Guidance (Feb. 23, 2021) (Ex. VT-082)/library/VT-082/exhibit/VT-082
Ex. VT-083Transcript, Governor Phil Scott and Dr. Mark Levine Discuss Delta, Vaccine Effectiveness and Pandemic Divisiveness at Weekly COVID-19 BriefingGovernor Phil Scott (official transcript of the September 8, 2021 press conference)Sept. 8, 2021Governor Phil Scott (official transcript of the September 8, 2021 press conference), Transcript, Governor Phil Scott and Dr. Mark Levine Discuss Delta, Vaccine Effectiveness and Pandemic Divisiveness at Weekly COVID-19 Briefing (Sept. 8, 2021) (Ex. VT-083)/library/VT-083/exhibit/VT-083
Ex. VT-084Transcript, Governor Phil Scott Discusses Start of the School Year, Vaccines and Vermont Data at Weekly COVID-19 BriefingGovernor Phil Scott (official transcript of the August 31, 2021 press conference)Aug. 31, 2021Governor Phil Scott (official transcript of the August 31, 2021 press conference), Transcript, Governor Phil Scott Discusses Start of the School Year, Vaccines and Vermont Data at Weekly COVID-19 Briefing (Aug. 31, 2021) (Ex. VT-084)/library/VT-084/exhibit/VT-084
Ex. VT-085Transcript, Governor Phil Scott Discusses Latest COVID-19 Trends at Weekly Press ConferenceGovernor Phil Scott (official transcript of the September 21, 2021 press conference)Sept. 21, 2021Governor Phil Scott (official transcript of the September 21, 2021 press conference), Transcript, Governor Phil Scott Discusses Latest COVID-19 Trends at Weekly Press Conference (Sept. 21, 2021) (Ex. VT-085)/library/VT-085/exhibit/VT-085
Ex. VT-086Governor's release, Governor Phil Scott Lifts Mask Mandate for Vaccinated Individuals, Accelerates Vermont Forward Plan (Step 3)Office of Governor Phil Scott (official release); ACCD Vermont Forward Step 3May 14, 2021Office of Governor Phil Scott (official release); ACCD Vermont Forward Step 3, Governor's release, Governor Phil Scott Lifts Mask Mandate for Vaccinated Individuals, Accelerates Vermont Forward Plan (Step 3) (May 14, 2021) (Ex. VT-086)/library/VT-086/exhibit/VT-086
Ex. VT-087Governor's release, Governor Phil Scott Announces Threshold to Remove All Covid-19 RestrictionsOffice of Governor Phil Scott (official release)May 21, 2021Office of Governor Phil Scott (official release), Governor's release, Governor Phil Scott Announces Threshold to Remove All Covid-19 Restrictions (May 21, 2021) (Ex. VT-087)/library/VT-087/exhibit/VT-087
Ex. VT-088Governor's release, Governor Phil Scott Announces Limited Indoor Dining Restart and Opens Some Interstate TravelOffice of Governor Phil Scott (official release); ACCD requirements under Addendum 17June 5, 2020Office of Governor Phil Scott (official release); ACCD requirements under Addendum 17, Governor's release, Governor Phil Scott Announces Limited Indoor Dining Restart and Opens Some Interstate Travel (June 5, 2020) (Ex. VT-088)/library/VT-088/exhibit/VT-088
Ex. VT-089Governor's release, Governor Phil Scott Expands Trusted Travel PolicyOffice of Governor Phil Scott (official release); ACCD under Amended and Restated EO 01-20 § 11 and Addendum 1 ¶ 3June 26, 2020Office of Governor Phil Scott (official release); ACCD under Amended and Restated EO 01-20 § 11 and Addendum 1 ¶ 3, Governor's release, Governor Phil Scott Expands Trusted Travel Policy (June 26, 2020) (Ex. VT-089)/library/VT-089/exhibit/VT-089
Ex. VT-090Governor's release, Governor Phil Scott Updates Bar Seating Guidance, Lifts Lodging Capacity Restrictions with Travel and Health ProtocolsOffice of Governor Phil Scott (official release); ACCD guidanceSept. 18, 2020Office of Governor Phil Scott (official release); ACCD guidance, Governor's release, Governor Phil Scott Updates Bar Seating Guidance, Lifts Lodging Capacity Restrictions with Travel and Health Protocols (Sept. 18, 2020) (Ex. VT-090)/library/VT-090/exhibit/VT-090
Ex. VT-091Governor's release, As COVID-19 Cases Rise, Governor Phil Scott Announces New Mitigation MeasuresOffice of Governor Phil Scott (official release)Nov. 13, 2020Office of Governor Phil Scott (official release), Governor's release, As COVID-19 Cases Rise, Governor Phil Scott Announces New Mitigation Measures (Nov. 13, 2020) (Ex. VT-091)/library/VT-091/exhibit/VT-091
Ex. VT-092Governor's release, Small Modification Made to COVID-19 Gathering Restrictions for Upcoming HolidaysOffice of Governor Phil Scott (official release)Dec. 22, 2020Office of Governor Phil Scott (official release), Governor's release, Small Modification Made to COVID-19 Gathering Restrictions for Upcoming Holidays (Dec. 22, 2020) (Ex. VT-092)/library/VT-092
Ex. VT-093Governor's release, Governor Phil Scott Updates Gathering and Restaurant Table Seating GuidanceOffice of Governor Phil Scott (official release); ACCD guidanceMar. 12, 2021Office of Governor Phil Scott (official release); ACCD guidance, Governor's release, Governor Phil Scott Updates Gathering and Restaurant Table Seating Guidance (Mar. 12, 2021) (Ex. VT-093)/library/VT-093/exhibit/VT-093
Ex. VT-094COVID-19 Advisory Memorandum, UPDATED: COVID-19 Prevention Measures for Fall 2021 (September 28, 2021 version)Secretary of Education French and Commissioner of Health LevineSept. 28, 2021Secretary of Education French and Commissioner of Health Levine, COVID-19 Advisory Memorandum, UPDATED: COVID-19 Prevention Measures for Fall 2021 (September 28, 2021 version) (Sept. 28, 2021) (Ex. VT-094)/library/VT-094/exhibit/VT-094
Ex. VT-095Governor's release, Governor Phil Scott Announces Easing of Restrictions for Older and Vulnerable VermontersOffice of Governor Phil Scott (official release); VDH and DAIL guidance under Amended and Restated EO 01-20 § 2June 17, 2020Office of Governor Phil Scott (official release); VDH and DAIL guidance under Amended and Restated EO 01-20 § 2, Governor's release, Governor Phil Scott Announces Easing of Restrictions for Older and Vulnerable Vermonters (June 17, 2020) (Ex. VT-095)/library/VT-095/exhibit/VT-095
Ex. VT-096Statement from Governor Phil Scott on the Canadian Border Travel AnnouncementGovernor Phil Scott (official statement)July 19, 2021Governor Phil Scott (official statement), Statement from Governor Phil Scott on the Canadian Border Travel Announcement (July 19, 2021) (Ex. VT-096)/library/VT-096/exhibit/VT-096
Ex. VT-097Governor's release, Governor Phil Scott Announces Next Restart Steps for Hospitality SectorOffice of Governor Phil Scott (official release); ACCD Work Safe GuidanceJune 19, 2020Office of Governor Phil Scott (official release); ACCD Work Safe Guidance, Governor's release, Governor Phil Scott Announces Next Restart Steps for Hospitality Sector (June 19, 2020) (Ex. VT-097)/library/VT-097/exhibit/VT-097
Ex. VT-098Governor's directive of June 14, 2021 to the Secretary of the Agency of Commerce and Community Development (image posted by the Governor's office as…Governor Philip B. ScottJune 14, 2021Governor Philip B. Scott, Governor's directive of June 14, 2021 to the Secretary of the Agency of Commerce and Community Development (image posted by the Governor's office as 'CovidRestrictionsLiftedDirective.PNG') (Ex. VT-098)/library/VT-098/exhibit/VT-098
Ex. VT-101ACCD Cross State Travel Information page (quarantine and travel-map guidance), as captured August 1, 2020Agency of Commerce and Community Development (Secretary Lindsay Kurrle) under Amended and Restated EO 01-20 §§ 7(i), 11(a)June 8, 2020Agency of Commerce and Community Development (Secretary Lindsay Kurrle) under Amended and Restated EO 01-20 §§ 7(i), 11(a), ACCD Cross State Travel Information page (quarantine and travel-map guidance), as captured August 1, 2020 (June 8, 2020) (Ex. VT-101)/library/VT-101/exhibit/VT-101
Ex. VT-10320 V.S.A. § 40 (Enforcement), as in force in 2020-2021 (repealed by 2023, No. 143 (Adj. Sess.), § 35, eff. July 1, 2024)Vermont General Assembly (statute as in force 2020-2021)Mar. 1, 2021Vermont General Assembly (statute as in force 2020-2021), 20 V.S.A. § 40 (Enforcement), as in force in 2020-2021 (repealed by 2023, No. 143 (Adj. Sess.), § 35, eff. July 1, 2024) (Mar. 1, 2021) (Ex. VT-103)/library/VT-103/exhibit/VT-103

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=VT&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1 on Oct. 1, 2026. The COVID Project is a free public reference and this report is not legal advice.