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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Kansas

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 412 instruments cited; 402 exhibit files held. Not legal advice.

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

1. About this report

Prepared by The COVID Project, Sept. 30, 2026. Selection: State Kansas 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=KS&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)

Kansas, first day (Apr. 1, 2020): EO 20-16 stay-home (KS-009/KS-010), EO 20-14 gatherings of 10 (KS-007), EO 20-15 KEFF (KS-008), EO 20-07 schools closed (KS-005), EO 20-10 evictions (KS-011), KDHE travel quarantine (KS-053), Kan. Sup. Ct. 2020-PR-016 emergency operations and deadline suspension (KS-060), Executive Branch offices closed to Apr. 5 (KS-006).

Kansas, last day (June 30, 2020): No statewide business, gathering or stay-home restriction since May 26, 2020 (KS-023); Phase 3 recommended (KS-026); HB 2016 in force (KS-027); EOs 20-35 to 20-51 reissued to Sept. 15 (KS-028); KDHE travel quarantine (KS-054); courts under 2020-PR-076 with deadlines suspended (KS-064, KS-066); local Phase 3 orders in Sedgwick, Douglas, Shawnee, Johnson, Wyandotte.

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)

Kansas, first day (July 1, 2020): As June 30 plus EO 20-52 masks from July 3 (KS-030), court mask order from July 3 (KS-067); Sedgwick County masks from July 10 (KS-081); Wichita Ord. 51-307 (KS-088); Shawnee County Res. 2020-44 and July 7 bar order (KS-089, KS-090).

Kansas, last day (Sept. 30, 2020): EO 20-52 (opt-out counties excepted); EO 20-59 school masks and screening (KS-033); EO 20-61 evictions (KS-034); EO 20-64 reissues to Jan. 26, 2021 (KS-035); KDHE travel quarantine (500-person gatherings; Aruba); courts under 2020-PR-099 and 2020-PR-101 (KS-068, KS-069); Sedgwick County Sept. 3 and Sept. 17 orders (KS-084).

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)

Kansas, first day (Oct. 1, 2020): As Sept. 30, 2020.

Kansas, last day (Dec. 31, 2020): EO 20-68 statewide mask protocol (KS-036); EO 20-69 adult care home testing (KS-037); EO 20-59; EO 20-61; courts under 2020-PR-123/124 with deadlines suspended (KS-070, KS-071); KDHE travel quarantine (KS-055); Sedgwick County Dec. 8 order (KS-086); Shawnee County Nov. 12 order (KS-092); Douglas County Nov. 20 order (KS-094).

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)

Kansas, first day (Jan. 1, 2021): As Dec. 31, 2020.

Kansas, last day (Mar. 31, 2021): SB 40 revoked every COVID-19 EO at the end of Mar. 31, 2021 (KS-040); until then EOs 20-68, 20-59, 20-61, 20-69 and the EO 21-02 reissues (KS-038) in force; statutory deadlines still suspended (resumed Apr. 15) (KS-072); KDHE travel quarantine with vaccination exemption (KS-056 series); Sedgwick County lifted all orders Mar. 24, 2021 (KS-087).

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

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

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

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

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

Kansas, first day (Apr. 1, 2021): EOs 21-09 to 21-21 reissued (KS-042 to KS-046, KS-049); EO 21-14 masks revoked by the LCC the same day (KS-045, KS-047); emergency through May 28 (SB 40), then June 15, 2021 (LCC); courts under 2020-PR-123/124 until June 1.

Kansas, last day (June 30, 2021): Emergency expired June 15, 2021 (KS-058); every EO void (K.S.A. 48-925(b)); KDHE adult care home testing order of June 18, 2021 (KS-052); KDHE travel quarantine (KS-056); courts under 2021-PR-048 (KS-073); State offices returned to in-person work June 13 with masks required in State facilities (KS-048).

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)

Kansas, first day (July 1, 2021): No emergency; no EO. In force: KDHE travel quarantine mandate (KS-056/KS-057); KDHE adult care home testing order (KS-052); Kan. Sup. Ct. 2021-PR-048 (KS-073) and 2021-PR-100 (deadlines of K.S.A. 22-4303, 60-1501, 60-1507, 61-3002(b) suspended to Aug. 2) (KS-074).

Kansas, last day (Sept. 30, 2021): KDHE travel quarantine mandate (list updated Sept. 23, 2021) (KS-057); KDHE adult care home testing order (KS-052); 2021-PR-048 (KS-073); Douglas County youth mask order Aug. 19-Sept. 22 (KS-095); K-State mask requirement (KS-096); school-district masking rules under SB 40 sec. 1 (secondary).

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 Kansas38343634331490
Standing duties43464944494465
All layers260243245253247225485

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 Kansas

Ex. KS-093
Emergency Order of Local Health Officer (stay at home)

Emergency Public Health Order directing individuals to stay at home and non-essential businesses to cease in-person operations in Douglas County

Douglas County Local Health Officer (Thomas Marcellino, M.D.), Lawrence-Douglas County Public Health, Douglas County, Kansas (Lawrence) (County)

Dates
In force from Mar. 24, 2020 to Mar. 30, 2020 (issued Mar. 22, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
CB; SF; OP (work from home); WF; GATH
Grade
Primary source read
Days in this quarter
7

WHEREAS, this public health order directing individuals to stay at home is being issued to slow the rate of community spread of COVID-19 through intensified social distancing.... b. For purposes of this Order individuals are directed to stay at home and leave their residence only to perform any of the following 'Essential Activities' as described below.... ii. To obtain necessary services or supplies for themselves and their family or household members, to obtain supplies they need to work from home...; iv. To perform work providing essential products and services at an Essential Business or to otherwise carry out activities specifically permitted in this Order, including Minimum Basic Operations

Enforcement: K.S.A. 65-119, 65-129.

Citation: Douglas County Local Health Officer (Thomas Marcellino, M.D.), Lawrence-Douglas County Public Health, Emergency Order of Local Health Officer (stay at home) (Mar. 22, 2020) (Ex. KS-093) Open the exhibit

Ex. KS-080
Emergency Order of the Sedgwick County Local Health Officer (stay at home)

Emergency Public Health Order directing individuals to stay at home and non-essential businesses to cease activities at their places of business

Sedgwick County Local Health Officer (Garold Minns, M.D.), Sedgwick County, Kansas (Wichita) (County)

Dates
In force from Mar. 25, 2020 to Mar. 30, 2020 (issued Mar. 24, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
CB customer base confined to home; SF premises closed to non-essential business; OP offices (work from home); WF workforce; GATH
Grade
Primary source read
Days in this quarter
6

B. For purposes of this Order, individuals are directed to stay at home and leave their residence only to perform any of the following 'Essential Activities' as described below. All businesses and operations in Sedgwick County, except Essential Businesses as defined below, are required to cease all activities at their places of business, although such businesses may also continue operations consisting exclusively of employees or contractors performing activities from their own residences (i.e., working from home).... vii. To work for or obtain services at any 'Healthcare Operations' location including hospitals, clinics, dentists, pharmacies... 'Healthcare Operations' does not include activities at fitness and exercise gyms and similar facilities

Enforcement: K.S.A. 65-119, 65-129 (misdemeanor); Sedgwick County Charter Resolution No. 58.

Citation: Sedgwick County Local Health Officer (Garold Minns, M.D.), Emergency Order of the Sedgwick County Local Health Officer (stay at home) (Mar. 24, 2020) (Ex. KS-080) Open the exhibit

Ex. KS-009
Executive Order 20-16

Establishing a Statewide 'Stay Home' Order in Conjunction with the Kansas Essential Function Framework for COVID-19 Response Efforts

Governor Laura Kelly, Kansas (State)

Dates
In force from Mar. 30, 2020 to Apr. 19, 2020 (issued Mar. 28, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
CB customer base confined to home; SF sales floors and premises closed to non-KEFF commerce; OP offices (telework compelled 'to the extent possible'); WF workforce (schools closed; care obligations); GATH events (10-person cap); MK marketing and shows; TR travel
Grade
Primary source read
Days in this quarter
21

1. To preserve the public health and safety for all Kansans, and to ensure the healthcare system is capable of serving all citizens in need, especially those at high risk and vulnerable to COVID-19, all individuals within the state of Kansas are directed to stay in their homes or residences unless performing an essential activity. An activity is essential if the purpose of the activity is one of the following: a. Obtaining food, medicine, and other household necessities; b. Performing, or going to or from work at a business or organization to perform, an essential function as identified in the Kansas Essential Function Framework ('KEFF') as laid out in paragraph 9 below; c. Seeking medical care; d. Caring for children (including daycare or childcare centers), family members, or pets, or caring for a vulnerable person in another location; e. Engaging in an outdoor activity, provided…

Enforcement: K.S.A. 48-939 (class A misdemeanor); para. 9.a: no individual required to carry proof; law enforcement to use discretion.

Citation: Governor Laura Kelly, Executive Order 20-16 (Mar. 28, 2020) (Ex. KS-009) Open the exhibit

Ex. KS-010
39 Kan. Reg. No. 14 (Apr. 2, 2020), pp. 449-466: Executive Order 20-16 (typed text)

Typed text of the statewide stay-home order and the KEFF list

Kansas Secretary of State (Kansas Register) publishing Executive Order 20-16, Kansas (State)

Dates
In force from Mar. 30, 2020 to May 3, 2020 (issued Apr. 2, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
see KS-009
Grade
Primary source read
Days in this quarter
35

See KS-009. 'This document shall be filed with the Secretary of State as Executive Order No. 20-16. It shall become effective as of 12:01 a.m. on March 30, 2020 and remain in force until rescinded, until April 19, 2020, or until the statewide State of Disaster Emergency proclaimed on March 12, 2020, relating to COVID-19 expires, whichever is earlier. This order may be extended as circumstances dictate.'

Enforcement: See KS-009.

Citation: Kansas Secretary of State (Kansas Register) publishing Executive Order 20-16, 39 Kan. Reg. No. 14 (Apr. 2, 2020), pp. 449-466: Executive Order 20-16 (typed text) (Ex. KS-010) Open the exhibit

Ex. KS-014
Executive Order 20-24

Extending Executive Order 20-16 to May 3, 2020

Governor Laura Kelly, Kansas (State)

Dates
In force from Apr. 16, 2020 to May 3, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
see KS-009
Grade
Primary source read
Days in this quarter
18

Executive Order 20-16... is extended and shall be effective until 11:59 p.m. May 3, 2020, or until the statewide State of Disaster Emergency... expires, whichever is earlier. (39 Kan. Reg. 16A)

Enforcement: See KS-009.

Citation: Governor Laura Kelly, Executive Order 20-24 (Apr. 16, 2020) (Ex. KS-014) Open the exhibit

Ex. KS-019
Executive Order 20-29

Implementing Phase One of 'Ad Astra: A Plan to Reopen KANSAS'

Governor Laura Kelly, Kansas (State)

Dates
In force from May 4, 2020 to May 18, 2020 (issued Apr. 30, 2020)
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering capSchools and child careEvents and venues
Functions reached
BA bars closed; AM casinos, arcades closed; PE theaters closed; FC gyms closed; SL salons closed; GATH 10-person cap; DR dining with separation; MK events, fairs, graduations closed; SP sports facilities closed; IN K-12 fewer than 10 present; CP higher education closed to groups over 10
Grade
Primary source read
Days in this quarter
15

1. Executive Orders 20-16 (statewide stay-home order), 20-24 (extending statewide stay-home order), and 20-25 (mass gatherings) are no longer in effect. 2. Mass Gatherings: a. Mass gatherings of more than 10 individuals are prohibited.... 5. Business Restrictions: a. All businesses not prohibited below can open if they comply with the following: i. Maintain at least 6 feet of distance between customers or groups of customers;... iii. Avoid any instances in which groups of more than 10 individuals are in one location and unable to maintain a 6-foot distance... c. The following, unless they are repurposed for use in an essential function under the KEFF..., shall be closed to the public: i. Bars and night clubs, excluding already operating curbside and carryout services; ii. Casinos (non-tribal); iii. Theaters, museums, and other indoor leisure spaces (trampoline parks, arcades, etc.); iv.…

Enforcement: K.S.A. 48-939; para. 10 law enforcement discretion; para. 7 local governments may be more restrictive but must allow KEFF functions.

Citation: Governor Laura Kelly, Executive Order 20-29 (Apr. 30, 2020) (Ex. KS-019) Open the exhibit

Ex. KS-020
Ad Astra: A Plan to Reopen Kansas (framework, version of Apr. 30, 2020)

Ad Astra: A Plan to Reopen Kansas

Governor Laura Kelly (Office of the Governor), Kansas (State)

Dates
In force from May 4, 2020 to May 26, 2020 (issued Apr. 30, 2020)
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering capEvents and venues
Functions reached
all customer-facing functions; GATH; MK events
Grade
Primary source read
Days in this quarter
23

Phase One (May 4): mass gatherings limited to 10; listed businesses closed. Phase 1.5 (May 18): personal services by appointment; gyms without classes. Phase 2 (May 22): mass gatherings limited to 15; bars and large venues closed. Phase 3 (recommended June 8): mass gatherings limited to 45; on-site staffing unrestricted; nonessential travel may resume. Phase Out (recommended June 22): no travel restrictions; remain home if sick; social distancing where applicable. 'the State will set the regulatory baseline for Kansas local governments in each phase of this framework, allowing local governments to retain the ability to impose additional restrictions.'

Enforcement: Binding only through the implementing executive orders (KS-019, KS-021, KS-022) through May 26, 2020.

Citation: Governor Laura Kelly (Office of the Governor), Ad Astra: A Plan to Reopen Kansas (framework, version of Apr. 30, 2020) (Ex. KS-020) Open the exhibit

Ex. KS-021
Executive Order 20-31

Implementing Phase 1.5 of 'Ad Astra: A Plan to Reopen KANSAS'

Governor Laura Kelly, Kansas (State)

Dates
In force from May 18, 2020 to May 22, 2020 (issued May 14, 2020)
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering capEvents and venues
Functions reached
SL salons (appointment only); FC gyms (no classes); BA bars closed; PE theaters closed; GATH 10; MK graduations 10
Grade
Primary source read
Days in this quarter
5

1. Executive Order 20-29 (Ad Astra Phase One) is rescinded and replaced by this order. 2.a. Mass gatherings of more than 10 individuals are prohibited.... 5.c. The following businesses may open if they comply in all areas of the business with the requirements of paragraph 5.a. of this order but only to the extent described in this subparagraph: i. Nail salons, barber shops, hair salons, tanning salons, tattoo parlors and other personal service businesses where close contact cannot be avoided may open, but only for pre-scheduled appointments or online check-in. ii. Fitness centers and health clubs may open, but in-person group classes may not occur and locker rooms must be closed except as necessary to use restroom facilities. d. The following... shall be closed to the public: i. Bars and night clubs, excluding already operating curbside and carryout services. ii. Casinos (non-tribal)…

Enforcement: K.S.A. 48-939; law enforcement discretion.

Citation: Governor Laura Kelly, Executive Order 20-31 (May 14, 2020) (Ex. KS-021) Open the exhibit

Ex. KS-022
Executive Order 20-34

Implementing Phase 2 of 'Ad Astra: A Plan to Reopen KANSAS'

Governor Laura Kelly, Kansas (State)

Dates
In force from May 22, 2020; end: 'until rescinded or until the statewide State of Disaster Emergency proclaimed… (issued May 19, 2020)
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering capEvents and venues
Functions reached
GATH 15; BA bars closed; MK fairs, festivals, venues closed; FC pools closed; IN K-12 15 present
Grade
Primary source read
Days in this quarter
40 (in force on the last day)

1. Executive Order 20-31 (Ad Astra Phase 1.5) is rescinded and replaced by this order. 2. Mass Gatherings: a. Mass gatherings of more than 15 individuals are prohibited.... 5.c.ii. Fitness centers and health clubs may open, including in-person group classes... iii. State-owned-and-operated casinos may open if they comply with a re-opening plan approved by the Department of Health and Environment. d. The following... shall be closed to the public: i. Bars and night clubs, excluding already operating curbside and carryout services. 6.a.i. K-12 facilities remain subject to the provisions of EO 20-07 regarding school closures, except that no more than 15 students, instructors, or staff may be present for normal operations.... 6.d.... shall remain closed to the public: i. Outdoor and indoor large entertainment venues with capacity of 2,000 or more; ii. Fairs, festivals, carnivals, parades…

Enforcement: K.S.A. 48-939.

Citation: Governor Laura Kelly, Executive Order 20-34 (May 19, 2020) (Ex. KS-022) Open the exhibit

Ex. KS-008
Executive Order 20-15

Establishing the Kansas Essential Function Framework for COVID-19 response efforts

Governor Laura Kelly, Kansas (State)

Dates
In force from Mar. 24, 2020 to Mar. 30, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandate
Functions reached
all functions (defines which commerce may continue under local stay-home orders); SC supply chains; PF manufacturing of essential equipment; OP offices
Grade
Primary source read
Days in this quarter
7

1. This order supersedes and overrides the provisions of any local 'stay home' or similar order that fails to exempt the Kansas Essential Functions Framework ('KEFF') essential functions listed in paragraph 11.... 3. All local 'stay home' or similar orders prohibiting citizens from leaving their homes in order to slow the spread of COVID-19 must follow the KEFF established in this order... 11. Local issuing authorities must grant--and do not have the discretion to deny--exemptions from the restrictions of any local 'stay home' or similar order to requesting companies or other organizations for the performance of the following essential functions: [KEFF 100 Connect; 200 Distribute; 300 Manage; 400 Supply]

Enforcement: Binding on local issuing authorities; K.S.A. 48-939.

Citation: Governor Laura Kelly, Executive Order 20-15 (Mar. 24, 2020) (Ex. KS-008) Open the exhibit

Ex. KS-007
Executive Order 20-14

Temporarily prohibiting mass gatherings of 10 or more people to limit the spread of COVID-19 and rescinding Executive Order 20-04

Governor Laura Kelly, Kansas (State)

Dates
In force from Mar. 25, 2020 to Apr. 8, 2020 (issued Mar. 24, 2020)
Quarters
2020 Q2
Limitations
Business closureGathering capAlcohol and barsEvents and venues
Functions reached
GATH events, meetings, conferences; DR dining rooms (distancing and no self-service); SF retail floors (exempt only where customers not within arm's length for more than 10 minutes); OP offices (exempt category 2.v); PF manufacturing (exempt category 2.w); MK trade shows
Grade
Primary source read
Days in this quarter
15

Effective at 12:01 p.m. on Wednesday, March 25, 2020, all public or private mass gatherings, as defined below, are prohibited in the State of Kansas. a. The phrase 'mass gathering' as used in this order means any planned or spontaneous, public or private event or convening that will bring together or is likely to bring together 10 or more people in a confined or enclosed space at the same time. b. This prohibition includes, but is not limited to, mass gatherings at: auditoriums, theaters, movie theaters, museums, stadiums, arenas, conference rooms, meeting halls, exhibition centers, taverns, health and fitness centers, recreation centers, and licensed pools.... 4. This order supersedes any less restrictive order by any local health department

Enforcement: K.S.A. 48-939 (class A misdemeanor); para. 4 preemption of less restrictive local orders; more restrictive local stay-home orders and EOs 20-07 and 20-15 unaffected.

Citation: Governor Laura Kelly, Executive Order 20-14 (Mar. 24, 2020) (Ex. KS-007) Open the exhibit

Ex. KS-006
39 Kan. Reg. No. 13 (Mar. 26, 2020): EO 20-12 (drivers' licenses)

Typed texts of EOs 20-08 through 20-15 and the notice that 'the State of Kansas Executive Branch offices are closed Saturday, March 21, 2020, through Sunday, April 5, 2020'

Kansas Secretary of State (Kansas Register); Governor Kelly (EOs 20-08 to 20-15); Department of Administration (office closure notice), Kansas (State)

Dates
In force from Mar. 26, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureTelework mandateGathering capHealth care ordersCourts and public officesOther
Functions reached
OF offices and telework (State agencies closed); CT public offices; GATH; CL licensing and DMV
Grade
Primary source read
Days in this quarter
97 (in force on the last day)

Due to the COVID-19 crisis, the State of Kansas Executive Branch offices are closed Saturday, March 21, 2020, through Sunday, April 5, 2020. At this time, we are scheduled to return to work on April 6, 2020. (Department of Administration, Office of Facilities and Property Management, 39 Kan. Reg. 315)

Enforcement: K.S.A. 48-939 for the executive orders.

Citation: Kansas Secretary of State (Kansas Register); Governor Kelly (EOs 20-08 to 20-15); Department of Administration (office closure notice), 39 Kan. Reg. No. 13 (Mar. 26, 2020): EO 20-12 (drivers' licenses) (Ex. KS-006) Open the exhibit

Ex. KS-018
39 Kan. Reg. No. 16A (Apr. 17, 2020), pp. 509-520

Typed texts of EO 20-22 (motor carriers), 20-23 (adult care home licensure), 20-24 (stay-home extension to May 3) and 20-25 (mass gatherings)

Kansas Secretary of State (Kansas Register) publishing Executive Orders 20-22, 20-23, 20-24, 20-25, Kansas (State)

Dates
In force from Apr. 17, 2020 to May 3, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeGathering capHealth care ordersOther
Functions reached
see KS-014, KS-015
Grade
Primary source read
Days in this quarter
17

See KS-014 and KS-015.

Enforcement: See KS-009.

Citation: Kansas Secretary of State (Kansas Register) publishing Executive Orders 20-22, 20-23, 20-24, 20-25, 39 Kan. Reg. No. 16A (Apr. 17, 2020), pp. 509-520 (Ex. KS-018) Open the exhibit

Ex. KS-015
Executive Order 20-25

Temporarily prohibiting mass gatherings of more than 10 people to limit the spread of COVID-19 and rescinding Executive Order 20-18

Governor Laura Kelly, Kansas (State)

Dates
In force from Apr. 18, 2020 to May 3, 2020 (issued Apr. 17, 2020)
Quarters
2020 Q2
Limitations
Business closureGathering capAlcohol and barsEvents and venues
Functions reached
GATH; WS worship; DR dining rooms (10 customers); OP offices (KEFF only); SF retail; PF manufacturing
Grade
Primary source read
Days in this quarter
16

1. Effective at 12:01 p.m. on Saturday, April 18, 2020, all public or private mass gatherings [of more than 10 people in a confined or enclosed space] are prohibited... c. With regard to churches or other religious services... more than ten congregants or parishioners [prohibited]... Exemptions include: n. Retail establishments where large numbers of people are present but are generally not within arm's length... and the customers or employees of the retail establishment are performing essential activities; r. Restaurants and bars, but only under the following [conditions]... ii. No more than ten customers may be in the [premises]; t. Office spaces, but only for the purpose of performing [essential functions under Executive Order] 20-16; v. Manufacturing, processing, distribution, and production facilities

Enforcement: K.S.A. 48-939; law enforcement discretion.

Citation: Governor Laura Kelly, Executive Order 20-25 (Apr. 17, 2020) (Ex. KS-015) Open the exhibit

Ex. KS-004
39 Kan. Reg. No. 12A (Mar. 19, 2020), pp. 297-312: Executive Orders 20-03, 20-04, 20-05, 20-06, 20-07

Executive Order 20-04, Temporarily prohibiting mass gatherings to limit the spread of COVID-19; EO 20-05 utility disconnects; EO 20-06 evictions and foreclosures; EO 20-07 school closure

Kansas Secretary of State (Kansas Register) publishing Governor Kelly's Executive Orders 20-03 to 20-07, Kansas (State)

Dates
In force from Mar. 17, 2020 to Mar. 25, 2020 (issued Mar. 19, 2020)
Quarters
2020 Q2
Limitations
Gathering capSchools and child careEvents and venuesOther
Functions reached
GATH events, conferences, exhibitions; DR dining rooms (distancing conditions); MK trade shows and meetings; SF venues; CB customer base
Grade
Primary source read
Days in this quarter
9

Effective at 12:01 p.m. on Tuesday, March 17, 2020, all public or private mass gatherings, as defined below, are prohibited in the State of Kansas.... 'mass gatherings'... means any planned or spontaneous, public or private event or convening that will bring together or is likely to bring together more than 50 people at the same time in a confined or enclosed space.... This prohibition includes, but is not limited to, mass gatherings at: auditoriums, theaters, movie theaters, museums, stadiums, arenas, conference rooms, meeting halls, exhibition centers, taverns, health and fitness centers, recreation centers, and licensed pools.

Enforcement: K.S.A. 48-939 (class A misdemeanor). Exemptions for restaurants and bars conditioned on 6-foot separation between tables, booths, bar stools and ordering counters and cessation of self-service.

Citation: Kansas Secretary of State (Kansas Register) publishing Governor Kelly's Executive Orders 20-03 to 20-07, 39 Kan. Reg. No. 12A (Mar. 19, 2020), pp. 297-312: Executive Orders 20-03, 20-04, 20-05, 20-06, 20-07 (Ex. KS-004) Open the exhibit

Ex. KS-060
Administrative Order 2020-PR-016

Order restricting Kansas district and appellate courts to emergency operations and suspending statutes of limitation and statutory time standards (COVID-19)

Kansas Supreme Court (Chief Justice Marla Luckert), Kansas (Court)

Dates
In force from Mar. 18, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Gathering capCourts and public offices
Functions reached
CT courts, clerks and filings; CL collections, evictions, foreclosures (dockets closed to non-emergency matters); BD contract enforcement; HR background checks and records
Grade
Primary source read
Days in this quarter
105 (in force on the last day)

3. Effective upon publication of 2020 House Substitute for Senate Bill No. 102, this order suspends all deadlines and time limitations to bring a defendant to trial established by K.S.A. 22-3402 and its amendments, until further order of the Chief Justice. 4. Other than jury trials in progress, all Kansas district and appellate courts, administrative offices, the Offices of the Clerks of the District and Appellate Courts, and court services offices will be restricted to emergency operations until further order.... [para. 15: suspending] all statutes of limitations and statutory time standards or deadlines applying to the conduct or processing of judicial proceedings

Enforcement: Binding on all Kansas courts and litigants under Kan. Const. art. 3 and K.S.A. 20-172.

Citation: Kansas Supreme Court (Chief Justice Marla Luckert), Administrative Order 2020-PR-016 (Mar. 18, 2020) (Ex. KS-060) Open the exhibit

Ex. KS-012
39 Kan. Reg. No. 15A (Apr. 13, 2020), pp. 481-492: Executive Order 20-18 (Temporarily prohibiting mass gatherings of more than 10 people, including religious gatherings, and rescinding EO 20-14); EO 20-19 (licenses); EO 20-20 (remote notaries); EO 20-21 (turkey permits)

EO 20-18: gatherings of more than 10 prohibited, religious services and funerals included

Kansas Secretary of State (Kansas Register) publishing Executive Orders 20-18, 20-19, 20-20, 20-21 and reissued 20-12, Kansas (State)

Dates
In force from Apr. 8, 2020 to Apr. 18, 2020 (issued Apr. 7, 2020)
Quarters
2020 Q2
Limitations
Gathering capEvents and venues
Functions reached
WS worship services; FH funerals; GATH events
Grade
Primary source read
Days in this quarter
11

1. Effective at 12:01 p.m. on Wednesday, April 8, 2020, [all public or private mass gatherings that bring together or are likely to bring together more than 10 people in a confined or enclosed space at the same time are prohibited]... c. With regard to churches or other religious services or activities, [gatherings] of more than ten congregants or parishioners in the same building or confined or enclosed space [are prohibited];... [those] conducting or performing a religious service may exceed ten as long as those [individuals maintain distancing]; d. With regard to funerals or memorial services, [the same ten-person limit applies].

Enforcement: K.S.A. 48-939. The Legislative Coordinating Council purported to revoke EO 20-18 on Apr. 8, 2020; the Kansas Supreme Court held on Apr. 11, 2020 (Kelly v. Legislative Coordinating Council) that the LCC lacked that authority (verified_secondary). A federal TRO of Apr. 18, 2020 barred enforcement against two churches (First Baptist Church v. Kelly, D. Kan.) (verified_secondary).

Citation: Kansas Secretary of State (Kansas Register) publishing Executive Orders 20-18, 20-19, 20-20, 20-21 and reissued 20-12, 39 Kan. Reg. No. 15A (Apr. 13, 2020), pp. 481-492: Executive Order 20-18 (Temporarily prohibiting mass gatherings of more than 10 people, including religious gatherings, and rescinding EO 20-14); EO 20-19 (licenses); EO 20-20 (remote notaries); EO 20-21 (turkey permits) (Apr. 7, 2020) (Ex. KS-012) Open the exhibit

Ex. KS-063
Administrative Order 2020-PR-049

Order Relating to District Court Operations in Counties Affected by a Stay-at-Home Order or Subject to a Directive Closing a County Courthouse or Other Judicial Office

Kansas Supreme Court, Kansas (Court)

Dates
In force from May 1, 2020 to Dec. 1, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Gathering capCourts and public offices
Functions reached
CT courts and clerks
Grade
Primary source read
Days in this quarter
61 (in force on the last day)

On March 12, 2020, Governor Laura Kelly issued a State of Disaster Emergency... [courts in counties affected by a stay-at-home order or courthouse-closure directive remain in restricted operations with 10-person capacity limits] (companion order 2020-PR-048 governed counties affected only by EO 20-29).

Enforcement: Binding on district courts.

Citation: Kansas Supreme Court, Administrative Order 2020-PR-049 (May 1, 2020) (Ex. KS-063) Open the exhibit

Ex. KS-026
Governor's release: 'Governor Laura Kelly Recommends Communities Move into Phase 3 of Ad Astra Plan'

Phase 3 recommended for Monday, June 8, 2020

Office of the Governor (press release), Kansas (State)

Dates
In force from June 8, 2020 to June 22, 2020 (issued June 5, 2020)
Quarters
2020 Q2
Limitations
Gathering capOther
Functions reached
GATH (recommended 45); TR travel (KDHE quarantine still mandatory)
Grade
Confirmed from a secondary source
Days in this quarter
15

The new emergency disaster declaration issued by the Governor on May 26 transfers reopening decisions back to local officials, which means counties moving into Phase 3 of the plan is only a recommendation.... Mass gatherings of more than 45 individuals are not recommended;... On-site staffing has no recommended restrictions; Nonessential travel may resume, provided travelers follow KDHE travel and quarantine guidelines for travel to high-risk areas.

Enforcement: None (recommendation).

Citation: Office of the Governor (press release), Governor's release: 'Governor Laura Kelly Recommends Communities Move into Phase 3 of Ad Astra Plan' (June 5, 2020) (Ex. KS-026) Open the exhibit

Ex. KS-027
House Bill 2016 (2020 Special Session)

An act concerning governmental response to the 2020 COVID-19 pandemic in Kansas... relating to the state of disaster emergency; powers of the governor and executive officers; providing certain limitations and restrictions; business and commercial activities;... relating to the closure of schools by executive order; requiring state board of education approval...; authorizing counties to adopt orders relating to public health that are less stringent

Kansas Legislature (2020 Special Session), Kansas (State)

Dates
In force from June 9, 2020 to Mar. 31, 2021 (issued June 8, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Emergency declarationBusiness closureSchools and child careOther
Functions reached
predicate; preemption rules; school closures; county opt-out
Grade
Primary source read
Days in this quarter
22 (in force on the last day)

New Sec. 5.(a) The state of disaster emergency... declared by proclamation on May 26, 2020, for all 105 counties of Kansas, is hereby ratified and continued in existence from March 12, 2020, through September 15, 2020.... New Sec. 6.(a) On and after September 15, 2020, during any state of disaster emergency..., the governor may not order the closure or cessation of any business or commercial activity... for more than 15 days [without State Finance Council approval]... New Sec. 7.... no executive order issued by the governor... that has the effect of closing public or private school attendance centers in this state shall be effective unless and until such order has been affirmed by the state board of education... Sec. 33. K.S.A. 2019 Supp. 48-925... (e)... pursuant to the governor's state of disaster emergency proclamation issued on May 26, 2020, the governor shall not have the power or…

Enforcement: Legislative act; sec. 6(b) orders exceeding the limits 'shall be null and void'; amended K.S.A. 48-939 penalties; secs. 8-15 COVID-19 liability protection act.

Citation: Kansas Legislature (2020 Special Session), House Bill 2016 (2020 Special Session) (June 8, 2020) (Ex. KS-027) Open the exhibit

Ex. KS-066
Administrative Order 2020-PR-076

Order Related to Appellate and District Courts Operations as of June 16, 2020

Kansas Supreme Court, Kansas (Court)

Dates
In force from June 16, 2020 to Dec. 1, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Gathering capCourts and public officesWorkplace rules
Functions reached
CT courts; CL dockets; BD
Grade
Primary source read
Days in this quarter
15 (in force on the last day)

Generally, these orders have required courts to follow the most restrictive measures ordered by the Governor of Kansas, the Kansas Department of Health and Environment, or local public health officials... And on May 26, 2020, the Governor issued a proclamation making the Ad Astra plan guidance only and left to local governments the determination of whether to enter local public health orders.... 1. If a court has not yet reopened offices or courtrooms to public operations, the court must abide by 2020-PR-049 and should only return staff to the courthouse when conditions meet the following requirements: The chief judge has consulted with the head of the local public health department...; A plan has been developed with the local health official for appropriate screening of those entering any courtroom or court office;... assuring personal protective equipment is available

Enforcement: Binding on all Kansas courts.

Citation: Kansas Supreme Court, Administrative Order 2020-PR-076 (June 16, 2020) (Ex. KS-066) Open the exhibit

Ex. KS-001
State of Disaster Emergency Proclamation

Proclamation declaring a State of Disaster Emergency for the State of Kansas (COVID-19)

Governor Laura Kelly, Kansas (State)

Dates
In force from Mar. 12, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Emergency declaration
Functions reached
predicate for all functions
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

State of Disaster Emergency proclaimed for all 105 counties of Kansas under the Kansas Emergency Management Act (predicate for Executive Orders 20-03 through 20-34).

Enforcement: K.S.A. 48-939 (violation of KEMA orders a class A misdemeanor) applies to orders issued under the declaration.

Citation: Governor Laura Kelly, State of Disaster Emergency Proclamation (Mar. 12, 2020) (Ex. KS-001) Open the exhibit

Ex. KS-005
Executive Order 20-07

Temporarily closing K-12 schools to slow the spread of COVID-19

Governor Laura Kelly, Kansas (State)

Dates
In force from Mar. 17, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Schools and child careOther
Functions reached
WF workforce (children at home); IN in-person instruction; EC extended care; FS school food service; AC athletics and events
Grade
Primary source read
Days in this quarter
45

Closed all K-12 school buildings for the remainder of the 2019-2020 school year (instruction to continue by continuous-learning plans); EO 20-29 para. 6.a.i later required that fewer than 10 students, instructors, or staff be present for normal operations.

Enforcement: K.S.A. 48-939; school districts bound.

Citation: Governor Laura Kelly, Executive Order 20-07 (Mar. 17, 2020) (Ex. KS-005) Open the exhibit

Ex. KS-002
House Concurrent Resolution No. 5025

A concurrent resolution ratifying the March 12, 2020, State of Disaster Emergency declaration, subject to limitations, and providing for the continuation thereof for the entire 105 counties of Kansas through May 1, 2020

Kansas Legislature, Kansas (State)

Dates
In force from Mar. 19, 2020 to May 1, 2020
Quarters
2020 Q2
Limitations
Emergency declaration
Functions reached
predicate for all functions
Grade
Primary source read
Days in this quarter
44

ratifying the March 12, 2020, State of Disaster Emergency declaration, subject to limitations, issued by Governor Laura Kelly and providing for the continuation thereof for the entire 105 counties of Kansas through May 1, 2020, subject to additional extensions of time.

Enforcement: n/a (legislative ratification)

Citation: Kansas Legislature, House Concurrent Resolution No. 5025 (Mar. 19, 2020) (Ex. KS-002) Open the exhibit

Ex. KS-003
House Substitute for Senate Bill No. 102

An act concerning courts; relating to extension or suspension of deadlines or time limitations to secure the health and safety of court users, staff and judicial officers

Kansas Legislature, Kansas (State)

Dates
In force from Mar. 19, 2020 to June 9, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Courts and public offices
Functions reached
CT courts, clerks, recorders; CL closings and collections; SV collections, foreclosure and eviction dockets
Grade
Primary source read
Days in this quarter
83

during any state of disaster emergency pursuant to K.S.A. 48-924, and amendments thereto, the chief justice of the Kansas supreme court may issue an order to extend or suspend any deadlines or time limitations established by statute when the chief justice determines such action is necessary to secure the health and safety of court users, staff and judicial officers

Enforcement: Orders under the act bind district and appellate courts and litigants.

Citation: Kansas Legislature, House Substitute for Senate Bill No. 102 (Mar. 19, 2020) (Ex. KS-003) Open the exhibit

Ex. KS-011
Executive Order 20-10

Temporarily prohibiting certain foreclosures and evictions (rescinding Executive Order 20-06)

Governor Laura Kelly, Kansas (State)

Dates
In force from Mar. 23, 2020 to May 31, 2020
Quarters
2020 Q2
Limitations
Other
Functions reached
SV servicing, collections, foreclosure; PM property management (evictions); CL lending
Grade
Primary source read
Days in this quarter
70

Prohibited the initiation of mortgage foreclosure efforts or judicial proceedings and the initiation of judicial eviction proceedings where the default or non-payment was substantially caused by a financial hardship resulting from COVID-19 (per EO 20-61 recital and Register text of EO 20-10).

Enforcement: K.S.A. 48-939; supersedes contrary local orders.

Citation: Governor Laura Kelly, Executive Order 20-10 (Mar. 23, 2020) (Ex. KS-011) Open the exhibit

Ex. KS-053
KDHE Travel Related Quarantine Table (Mar. 23, 2020)

Travel Related Quarantine Table: locations after travel to which Kansans must home-quarantine for 14 days

Kansas Department of Health and Environment, Kansas (Sector regulator)

Dates
In force from Mar. 23, 2020 to Apr. 6, 2020
Quarters
2020 Q2
Limitations
Travel and quarantineQuarantine and isolation
Functions reached
TR travel; WF workforce availability after travel; TV traveler demand; CB customers from listed states
Grade
Primary source read
Days in this quarter
15

Table of states, countries and cruise travel triggering a 14-day home quarantine on arrival in Kansas (KDHE, updated Mar. 23, 2020).

Enforcement: K.S.A. 65-129 (violation of isolation or quarantine order); critical-infrastructure workers exempt while working.

Citation: Kansas Department of Health and Environment, KDHE Travel Related Quarantine Table (Mar. 23, 2020) (Ex. KS-053) Open the exhibit

Ex. KS-061
Administrative Order 2020-PR-032

Order Amending 2020-PR-016 (continuing restricted court operations under the statewide stay-home order)

Kansas Supreme Court (Chief Justice Marla Luckert), Kansas (Court)

Dates
In force from Apr. 3, 2020 to May 1, 2020
Quarters
2020 Q2
Limitations
Courts and public offices
Functions reached
CT courts and clerks; CL collections and foreclosures
Grade
Primary source read
Days in this quarter
29

Further, many local public health officials put in place stay home orders and on March 28, 2020, Governor Laura Kelly issued 2020 EO 20-16, which imposed a statewide stay home order that became effective March 30, 2020. Further, many county commissions across Kansas have closed or are considering closing courthouses. These events and circumstances lead me as the Chief Justice... to order the continuation of 2020-PR-016, as amended by this order.... [para. 17 continued the suspension of statutes of limitations and statutory deadlines]

Enforcement: Binding on all Kansas courts.

Citation: Kansas Supreme Court (Chief Justice Marla Luckert), Administrative Order 2020-PR-032 (Apr. 3, 2020) (Ex. KS-061) Open the exhibit

Ex. KS-013
Executive Order 20-20 (Apr. 9, 2020)

Temporarily allowing notaries and witnesses to act via audio-video communication technology

Governor Laura Kelly, Kansas (State)

Dates
In force from Apr. 9, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public officesOther
Functions reached
CL closings, notaries, recorders; ML mortgage lending; CT legal services
Grade
Primary source read
Days in this quarter
83 (in force on the last day)

Permitted remote notarization by two-way audio-video communication where the notary and the signer are physically in Kansas, the notary can identify the signer, and the transaction follows Secretary of State guidance (Register text, 39 Kan. Reg. 15A).

Enforcement: HB 2016 sec. 17 validated notarial acts performed under the order.

Citation: Governor Laura Kelly, Executive Order 20-20 (Apr. 9, 2020) (Ex. KS-013) Open the exhibit

Ex. KS-016
Executive Order 20-26

Temporary relief from certain restrictions and requirements governing the provision of medical services

Governor Laura Kelly, Kansas (State)

Dates
In force from Apr. 22, 2020 to May 31, 2020
Quarters
2020 Q22020 Q3
Limitations
Health care orders
Functions reached
HR credentialing; SX/PR procedures and staffing; TM telehealth
Grade
Primary source read
Days in this quarter
40

Relaxed supervision and practice restrictions for physician assistants and advanced practice registered nurses and other requirements governing the provision of medical services during the emergency (Register text, 39 Kan. Reg. 17A).

Enforcement: Suspension of specified statutes and regulations.

Citation: Governor Laura Kelly, Executive Order 20-26 (Apr. 22, 2020) (Ex. KS-016) Open the exhibit

Ex. KS-017
Executive Order 20-27

Temporarily suspending certain rules relating to sale of alcoholic beverages

Governor Laura Kelly, Kansas (State)

Dates
In force from Apr. 22, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Alcohol and bars
Functions reached
BA bar and alcohol service; TO takeout and delivery
Grade
Primary source read
Days in this quarter
70 (in force on the last day)

Suspended statutory restrictions to allow licensees to sell alcoholic liquor for carry-out consumption off the licensed premises during the emergency (Register text, 39 Kan. Reg. 17A; NGA Apr. 22, 2020).

Enforcement: Kansas ABC licensing conditions.

Citation: Governor Laura Kelly, Executive Order 20-27 (Apr. 22, 2020) (Ex. KS-017) Open the exhibit

Ex. KS-062
Administrative Order 2020-PR-047

Order Under 2020 House Substitute for Senate Bill 102 and Governor's April 30, 2020, State of Disaster Emergency Declaration Suspending Deadlines and Time Limitations in Judicial Proceedings

Chief Justice Marla Luckert, Kansas (Court)

Dates
In force from May 1, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Courts and public offices
Functions reached
CT courts; CL collections, foreclosure and eviction timelines; BD contract enforcement
Grade
Primary source read
Days in this quarter
61 (in force on the last day)

Numbered paragraph 15 of Administrative Order 2020-PR-16 invoked this provision effective upon the publication of H. Sub. for S.B. 102 by suspending until further order all statutes of limitations and statutory time standards or deadlines applying to the conduct or processing of judicial proceedings. Numbered paragraph 17 of Administrative Order 2020-PR-32 continued that invocation.... Yesterday, on the eve of the expiration of the March 12, 2020, State of Disaster Emergency Declaration, Governor Laura Kelly issued a second State of Disaster Emergency Declaration under the authority of K.S.A. 48-924.

Enforcement: K.S.A. 20-172.

Citation: Chief Justice Marla Luckert, Administrative Order 2020-PR-047 (May 1, 2020) (Ex. KS-062) Open the exhibit

Ex. KS-023
State of Disaster Emergency Proclamation of May 26, 2020

State of Disaster Emergency Proclamation: Governor's intent to protect Kansans from the economic consequences of COVID-19 and the imminent threat of future outbreaks

Governor Laura Kelly, Kansas (State)

Dates
In force from May 26, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Emergency declaration
Functions reached
predicate; marks the end of statewide business, movement and gathering restrictions
Grade
Primary source read
Days in this quarter
36 (in force on the last day)

The intent of this Proclamation is to help Kansans and the State recover economically and to prevent the imminent threat of further COVID-19 surges. No gubernatorial executive orders issued under the authority premised on this Proclamation will be used to restrict businesses from operating or to restrict the movement or gathering of individuals. Nor will any gubernatorial executive orders subjecting Kansans to criminal prosecution be issued under authority premised on this Proclamation.... Additionally, the Ad Astra: A Plan to Reopen Kansas guidance is designed to help the local governments, citizens, and businesses of Kansas open and operate in a safe and productive manner.

Enforcement: Predicate; no criminal orders under it.

Citation: Governor Laura Kelly, State of Disaster Emergency Proclamation of May 26, 2020 (Ex. KS-023) Open the exhibit

Ex. KS-024
Executive Order 20-41

Licensure, Certification, and Registration for persons and Licensure of 'Adult Care Homes' during state of disaster emergency (reissuing EO 20-23)

Governor Laura Kelly, Kansas (State)

Dates
In force from May 26, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Health care orders
Functions reached
HR credentialing; RS residential care admissions and cohorting; IC infection control
Grade
Primary source read
Days in this quarter
36 (in force on the last day)

Suspended and modified licensure, certification and registration requirements for persons working in adult care homes and licensure requirements for adult care homes, to permit staffing and cohorting under CMS COVID-19 guidance (title and recitals; EO 20-56 recitals).

Enforcement: KDADS licensing.

Citation: Governor Laura Kelly, Executive Order 20-41 (May 26, 2020) (Ex. KS-024) Open the exhibit

Ex. KS-025
Executive Order 20-42

Temporarily suspending certain rules relating to sale of alcoholic beverages (alcohol to go; reissuing EO 20-27)

Governor Laura Kelly, Kansas (State)

Dates
In force from May 26, 2020 to Apr. 1, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Alcohol and bars
Functions reached
BA bar and alcohol service; TO takeout and delivery
Grade
Primary source read
Days in this quarter
36 (in force on the last day)

See KS-017.

Enforcement: Kansas ABC.

Citation: Governor Laura Kelly, Executive Order 20-42 (May 26, 2020) (Ex. KS-025) Open the exhibit

Ex. KS-064
Administrative Order 2020-PR-058

Order Under 2020 House Substitute for Senate Bill 102 and Governor's May 26, 2020, State of Disaster Emergency Declaration Suspending Deadlines and Time Limitations in Judicial Proceedings

Chief Justice Marla Luckert, Kansas (Court)

Dates
In force from May 27, 2020 to Apr. 15, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Courts and public offices
Functions reached
CT courts; CL collections and foreclosures; BD contract enforcement
Grade
Primary source read
Days in this quarter
35 (in force on the last day)

In Administrative Order 2020-PR-047, I again invoked the provision under Governor Laura Kelly's April 30, 2020, State of Disaster Emergency Declaration... This Administrative Order does not affect Administrative Orders 2020-PR-016, 2020-PR-032, or Administrative Order 2020-PR-047. [Suspends statutes of limitations and statutory deadlines under the May 26, 2020 declaration; 2020-PR-101 para. 2: '2020-PR-058 controls any conflicts... regarding suspending statutes of limitation and statutory time standards or deadlines applying to the conduct or processing of judicial proceedings.']

Enforcement: K.S.A. 20-172.

Citation: Chief Justice Marla Luckert, Administrative Order 2020-PR-058 (May 27, 2020) (Ex. KS-064) Open the exhibit

Ex. KS-065
Administrative Order 2020-PR-062

Re: Returning Judiciary Workforce Back to Buildings (telework; travel quarantine)

Kansas Supreme Court, Kansas (Court)

Dates
In force from June 15, 2020 to Dec. 1, 2020 (issued June 11, 2020)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Telework mandateTravel and quarantineCourts and public officesQuarantine and isolation
Functions reached
OF telework (judiciary); CT court staffing; TR travel quarantine
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

On May 26, 2020, the Governor issued a proclamation making the Ad Astra plan guidance only and left to local governments the determination of whether to enter appropriate orders.... 1. A Kansas judicial branch workforce member will be required to self-quarantine and not report to his or her duty station for 14 days if he or she--or someone with whom he or she lives or is in close contact--has traveled... b. To high risk areas in the United States currently mandated for self-quarantine by the Kansas Department of Health and Environment.... 3. Staffing in a courthouse and any court office should be limited to the following employees: a. those who are necessary to serve members of the public or whose physical presence in the courthouse or court office is necessary...; 4. To the extent possible, telework should be used to enable full productivity while operating with fewer staff in the…

Enforcement: Binding on judicial branch personnel.

Citation: Kansas Supreme Court, Administrative Order 2020-PR-062 (June 11, 2020) (Ex. KS-065) Open the exhibit

Ex. KS-054
KDHE 'Travel & Exposure Related Isolation / Quarantine' mandate page (as of July 1, 2020; list updated June 29, 2020)

Travel-related quarantine mandate: Alabama, Arizona, Arkansas, Florida, South Carolina, cruise passengers, international travelers

Kansas Department of Health and Environment, Kansas (Sector regulator)

Dates
In force from June 29, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Travel and quarantineQuarantine and isolation
Functions reached
TR business travel; WF workforce (14-day quarantine after travel); TV tourism; MK trade shows and conventions out of state; CB customers
Grade
Primary source read
Days in this quarter
2 (in force on the last day)

Those who have traveled to the following locations need to quarantine for 14 days after arrival in Kansas. This applies to both Kansas residents and those visiting Kansas: Alabama Arizona Arkansas Florida South Carolina Cruise ship or river cruise passengers International travelers... The travel list was updated June 29 and will be updated/reviewed in approximately two weeks. These mandates do not apply to people who work in critical infrastructure sectors needed to continue operations during this pandemic, such as public health, hospitals, clinics, pharmaceutical and food supply, along with others as defined by the Department of Homeland Security.

Enforcement: K.S.A. 65-129; KDHE describes the requirements as 'mandates'.

Citation: Kansas Department of Health and Environment, KDHE 'Travel & Exposure Related Isolation / Quarantine' mandate page (as of July 1, 2020; list updated June 29, 2020) (Ex. KS-054) Open the exhibit

Agencies, boards and authorities: Kansas

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

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

Federal layer

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332
General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-333
General Order 72-6

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563 and F880 survey enforcement

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

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

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

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

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

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

Enforcement: same as FED-027

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

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

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-202
Proclamation 9993

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-203
Proclamation 9996

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

President Donald J. Trump, United States (Federal)

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

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

Enforcement: Sec. 3 implementation by State and DHS

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

Ex. FED-311
Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

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

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

Enforcement: court order

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

Ex. FED-367
Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

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

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

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

Enforcement: VA program guidance to participants

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

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

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

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

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

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

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

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

Ex. FED-070
Executive Order 13909

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

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

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

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

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

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

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

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

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

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

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

Enforcement: OMB directive to awarding agencies

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

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

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

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

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

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

Enforcement: order of the Court

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

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

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

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

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

Enforcement: USDA program requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: 42 U.S.C. § 271

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

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

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

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

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

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

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

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

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

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

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

State of Kansas

Ex. KS-090
Emergency Order of Local Health Officer restricting bars, restaurants and night clubs (July 7, 2020)

Dance floors closed; closing times of 11 p.m. Thursday-Saturday and midnight Sunday-Wednesday; mandated cleaning; 50 percent capacity for establishments over 100 persons

Shawnee County Health Officer (Shawnee County Health Department, Linda K. Ochs, Director), Shawnee County, Kansas (Topeka) (County)

Dates
In force from July 7, 2020 to July 24, 2020
Quarters
2020 Q3
Limitations
Capacity limitGathering capCurfew and hoursAlcohol and bars
Functions reached
BA bars (curfew; dance floors); DR dining (curfew; capacity); GATH
Grade
Primary source read
Days in this quarter
18

Closure of dance floors; closure of all bars/restaurants/night clubs at 11pm Thursday through Saturday and 12am Sunday through Wednesday; mandated deep cleaning from 2pm to 3pm every day; those establishments with more than 100 person capacity as established by the Fire Marshall can only operate at 50% of that capacity (Husch tracker summary of the order; the exhibit is the county's signed order).

Enforcement: K.S.A. 65-119, 65-129; 'Any business or entity that does not operate in accord with these requirements is subject to closure by an Order of the Shawnee County Local Health Officer' (July 24 order).

Citation: Shawnee County Health Officer (Shawnee County Health Department, Linda K. Ochs, Director), Emergency Order of Local Health Officer restricting bars, restaurants and night clubs (July 7, 2020) (Ex. KS-090) Open the exhibit

Ex. KS-082
Emergency Public Health Order of the Sedgwick County Local Health Officer (July 21, 2020)

Masks; Phase 2 of Ad Astra readopted with modifications; bars, night clubs and on-premises alcohol sellers closed; restaurant curfew

Sedgwick County Local Health Officer, Sedgwick County, Kansas (County)

Dates
In force from July 24, 2020 to Aug. 18, 2020 (issued July 21, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and bars
Functions reached
BA bars closed; DR dining (curfew; 15-person groups); GATH 15; MASK all businesses
Grade
Primary source read
Days in this quarter
26

Section II. Adoption of Phase 2 of Ad Astra: a Plan to Reopen Kansas, as previously issued by the Governor within Executive Order No. 20-34, with modifications. 1. The terms, conditions, and restrictions contained within Sections 2 and Sections 5 through 8 of the Governor's Executive Order No. 20-34... are adopted and incorporated into this Order... 2. Section 2 of Executive Order No. 20-34 is amended to state as follows: Mass gatherings of more than 15 individuals are prohibited.... Individuals in mass gatherings are required to wear masks or face coverings as indicated within Section I of this Order.... 5. Section 5.d.i. of Executive Order No. 20-34 is amended to state as follows: Bars, night clubs, and any other businesses licensed to sell alcohol for on-premises [consumption are closed to on-premises service; curbside and carry-out permitted]

Enforcement: K.S.A. 65-119, 65-129.

Citation: Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer (July 21, 2020) (Ex. KS-082) Open the exhibit

Ex. KS-083
Emergency Public Health Order of the Sedgwick County Local Health Officer (Aug. 18, 2020)

Amended order: bars and night clubs reopen with capacity, seating and curfew conditions; masks continue

Sedgwick County Local Health Officer, Sedgwick County, Kansas (County)

Dates
In force from Aug. 21, 2020 to Sept. 3, 2020 (issued Aug. 18, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and bars
Functions reached
BA; DR; MASK
Grade
Primary source read
Days in this quarter
14

Amended and replaced the July 21, 2020 order; the order 'will expire on August 21, 2020 (formerly September 9, 2020)' (Husch tracker summary of the county's amendment); masks and gathering conditions continued.

Enforcement: K.S.A. 65-119, 65-129.

Citation: Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer (Aug. 18, 2020) (Ex. KS-083) Open the exhibit

Ex. KS-081
Revised Emergency Public Health Order of the Sedgwick County Local Health Officer (amending and replacing the order of July 8, 2020)

Masks required in Sedgwick County; adoption of Phase 3 of Ad Astra with modifications

Sedgwick County Local Health Officer, Sedgwick County, Kansas (County)

Dates
In force from July 10, 2020 to July 21, 2020 (issued July 9, 2020)
Quarters
2020 Q3
Limitations
Gathering capFace-covering requirementWorkplace rules
Functions reached
SF; DR; OP; KT; CB; WF
Grade
Primary source read
Days in this quarter
12

Section I. Wearing of Masks or Other Face Coverings. Individuals. Any person within Sedgwick County shall cover their mouths and noses with a mask or other face covering when they are in the following situations: Inside any indoor or outdoor public space where distancing of 6 feet at all times is not possible...; In line and waiting to enter an indoor public space;... Businesses and Organizations. All businesses, organizations and non-profit associations in Sedgwick County must require all employees, customers, visitors, members, or members of the public to wear a mask or other face covering when: Employees are working in any space visited by customers or members of the public, regardless of whether anyone form the public is present at the time; Employees who are working in any space where food is prepared or packaged for sale or distribution to others

Enforcement: K.S.A. 65-119, 65-129; county resolution amending the LHO order (July 2020).

Citation: Sedgwick County Local Health Officer, Revised Emergency Public Health Order of the Sedgwick County Local Health Officer (amending and replacing the order of July 8, 2020) (July 9, 2020) (Ex. KS-081) Open the exhibit

Ex. KS-084
Emergency Public Health Order of the Sedgwick County Local Health Officer (Sept. 3, 2020)

Masks, gatherings and alcohol-service conditions continued

Sedgwick County Local Health Officer, Sedgwick County, Kansas (County)

Dates
In force from Sept. 3, 2020 to Oct. 20, 2020
Quarters
2020 Q32020 Q4
Limitations
Gathering capFace-covering requirementCurfew and hoursAlcohol and bars
Functions reached
MASK; BA; DR; GATH
Grade
Primary source read
Days in this quarter
28 (in force on the last day)

Continued the county mask requirement for individuals and businesses and the conditions on bars, night clubs and restaurants (order pages of Sept. 3, 14 and 17, 2020 on the county's Local Orders archive).

Enforcement: K.S.A. 65-119, 65-129.

Citation: Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer (Sept. 3, 2020) (Ex. KS-084) Open the exhibit

Ex. KS-028
Executive Order 20-49

Extending certain Executive Orders relating to the COVID-19 pandemic (EOs 20-36, 20-37, 20-39, 20-40, 20-41, 20-42, 20-43 through Sept. 15, 2020)

Governor Laura Kelly, Kansas (State)

Dates
In force from June 30, 2020 to Sept. 15, 2020
Quarters
2020 Q3
Limitations
Emergency declarationHealth care ordersAlcohol and barsCourts and public officesOther
Functions reached
CL licensing and DMV; CT notaries; HC adult care homes; BA alcohol to go
Grade
Primary source read
Days in this quarter
77 (in force on the first day)

1. Each executive order listed below is incorporated herein by reference and is hereby re-issued and remains in effect through September 15, 2020, or until the statewide State of Disaster Emergency extended by House Bill 2016... expires, whichever is earlier

Enforcement: K.S.A. 48-939.

Citation: Governor Laura Kelly, Executive Order 20-49 (June 30, 2020) (Ex. KS-028) Open the exhibit

Ex. KS-029
Governor's release: 'Governor Laura Kelly Announces Masks Must be Worn Statewide'

Announcement of the statewide mask order effective 12:01 a.m. July 3, 2020

Office of the Governor (press release), Kansas (State)

Dates
In force from July 3, 2020 to Sept. 30, 2020 (issued June 29, 2020)
Quarters
2020 Q3
Limitations
Face-covering requirement
Functions reached
SF sales floors; DR dining rooms; CB customers
Grade
Confirmed from a secondary source
Days in this quarter
90 (in force on the last day)

Governor Laura Kelly today announced that she will sign an Executive Order requiring that most Kansans in a public space must wear a mask, beginning 12:01 a.m. Friday, July 3.... Under the order, most Kansans must wear masks in stores and shops, restaurants, and in any situation in which social distancing of 6 feet cannot be maintained, including outside.

Enforcement: See EO 20-52.

Citation: Office of the Governor (press release), Governor's release: 'Governor Laura Kelly Announces Masks Must be Worn Statewide' (June 29, 2020) (Ex. KS-029) Open the exhibit

Ex. KS-030
Executive Order 20-52 (typed text, 39 Kan. Reg. No. 27A, July 2, 2020, pp. 911-913; issue also carries EOs 20-49, 20-50, 20-51)

Requiring Masks or Other Face Coverings in Public

Governor Laura Kelly (Executive Order 20-52), published by the Secretary of State, Kansas (State)

Dates
In force from July 3, 2020 to Mar. 31, 2021 (issued July 2, 2020)
Quarters
2020 Q32020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF sales floors; DR dining rooms; OP offices and common areas; KT kitchens and food packaging; CH/CL clinical settings; WF workforce; CB customers
Grade
Primary source read
Days in this quarter
90 (in force on the last day)

1. Effective at 12:01 a.m. on Friday, July 3, 2020, any person in Kansas shall cover their mouth and nose with a mask or other face covering when they are in the following situations: a. Inside, or in line to enter, any indoor public space; b. Obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank; c. Waiting for or riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle; d. While outdoors in public spaces and unable to maintain a 6-foot distance between individuals... 2. Also effective at 12:01 a.m. on Friday, July 3, 2020, all businesses or organizations in Kansas must require all employees, customers, visitors, members, or members of the public to wear a mask or other face covering when: a. Employees…

Enforcement: Para. 7: 'the Attorney General, county attorneys, and district attorneys enforcing this order should use their discretion'; K.S.A. 48-939 class A misdemeanor; para. 6: counties may exercise K.S.A. 48-925(h) opt-out.

Citation: Governor Laura Kelly (Executive Order 20-52), published by the Secretary of State, Executive Order 20-52 (typed text, 39 Kan. Reg. No. 27A, July 2, 2020, pp. 911-913; issue also carries EOs 20-49, 20-50, 20-51) (Ex. KS-030) Open the exhibit

Ex. KS-067
Administrative Order 2020-PR-090

Re: Requiring Masks in Appellate and District Courts

Kansas Supreme Court, Kansas (Court)

Dates
In force from July 3, 2020 to Aug. 4, 2020 (issued July 2, 2020)
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT courts and clerks; attorneys and litigants
Grade
Primary source read
Days in this quarter
33

This order provides that to protect the health and safety of court users, staff, and judicial officers, Kansas district and appellate courts will adhere to Governor Laura Kelly's Executive Order No. 20-52, despite that Executive Order's exemption of court-related proceedings held or managed by the Kansas Judiciary.... This administrative order applies regardless of whether a county's county commissioners have exercised authority granted by K.S.A. 48-925 as amended by 2020 Spec. Sess. House Bill 2016, Sec. 33(h).... masks are required in nonpublic court offices where two or more individuals are present, unless physical shields are in place

Enforcement: Binding on all Kansas courts; a judge may waive within a courtroom with shields or distancing.

Citation: Kansas Supreme Court, Administrative Order 2020-PR-090 (July 2, 2020) (Ex. KS-067) Open the exhibit

Ex. KS-031
Executive Order 20-55

Amended provisions related to drivers' license and vehicle registration and regulation during state of disaster emergency

Governor Laura Kelly, Kansas (State)

Dates
In force from July 8, 2020 to June 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public officesOther
Functions reached
DM motor-vehicle offices, titles and registrations; CL consumer and auto lending
Grade
Primary source read
Days in this quarter
85 (in force on the last day)

extends the expiration of drivers' licenses and identification cards of all Kansas residents... that expired or expire between March 12, 2020 and September 15, 2020 and who are unable to renew at a state driver's license examination office because of the state's response to COVID-19 (as recited in EO 20-70); extends deadlines to apply for motor vehicle titles.

Enforcement: Suspension of statutory deadlines.

Citation: Governor Laura Kelly, Executive Order 20-55 (July 8, 2020) (Ex. KS-031) Open the exhibit

Ex. KS-088
Ordinance No. 51-307

An ordinance creating sections 5.43.010-5.43.050 of the Code of the City of Wichita, Kansas, pertaining to requiring the wearing of masks or other face coverings

Wichita City Council (Governing Body), City of Wichita, Kansas (City)

Dates
In force from July 8, 2020 to Dec. 31, 2020 (issued July 7, 2020)
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF; DR; OP; KT; CB; WF
Grade
Primary source read
Days in this quarter
85 (in force on the last day)

1. All persons in the City of Wichita shall cover their mouths and noses with a mask or other face covering when they are in the following situations: a. Inside any indoor public space where distancing of 6 feet at all times is not possible; b. In line and waiting to enter an indoor public space. c. Obtaining services from the healthcare sector...; d. Waiting for or riding on public transportation...; e. While outdoors in public spaces and unable to maintain a 6-foot distance... 2) Businesses and organizations. All businesses, organizations and non-profit associations in the City of Wichita must require all employees, customers, visitors, members, or members of the public to wear a mask or other face covering when: a. Employees are working in any space visited by customers or members of the public, regardless of whether anyone from the public is present at the time; b. Employees are…

Enforcement: Municipal code violation (sec. 5.43.050).

Citation: Wichita City Council (Governing Body), Ordinance No. 51-307 (July 7, 2020) (Ex. KS-088) Open the exhibit

Ex. KS-089
Shawnee County Resolution 2020-44

Resolution regarding the use of face masks and face coverings in Shawnee County (modified version of EO 20-52 with local exceptions)

Board of County Commissioners of Shawnee County, Shawnee County, Kansas (Topeka) (County)

Dates
In force from July 9, 2020 to Dec. 31, 2020 (issued July 6, 2020)
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirement
Functions reached
SF; DR; OP; CB
Grade
Confirmed from a secondary source
Days in this quarter
84 (in force on the last day)

'on the 6th day of July, 2020, the Board of County Commissioners of Shawnee County passed Resolution 2020-44 regarding the use of face masks and face coverings in Shawnee County effective July 9, 2020' (recital in the Shawnee County LHO orders of July 24 and Nov. 12, 2020). Exceptions for children under ten, hard of hearing, pools and eating or drinking areas, exercise, and persons alone in a cubicle (Husch tracker, July 7, 2020).

Enforcement: County resolution; K.S.A. 48-925(h) findings.

Citation: Board of County Commissioners of Shawnee County, Shawnee County Resolution 2020-44 (July 6, 2020) (Ex. KS-089)

Ex. KS-091
Public Health Order for Home Quarantine by the Shawnee County Health Officer

Order for 14-day home quarantine of persons with travel to KDHE-listed locations, cruise travel, or close contact with a confirmed case

Shawnee County Health Officer, Shawnee County, Kansas (Topeka) (County)

Dates
In force from July 15, 2020 to Mar. 31, 2021
Quarters
2020 Q32020 Q42021 Q1
Limitations
Travel and quarantineQuarantine and isolation
Functions reached
WF workforce (employees ordered not to attend work for 14 days); TR travel; HR
Grade
Primary source read
Days in this quarter
78 (in force on the last day)

Effective immediately, if you meet any one of the following circumstances, then you are hereby ordered to self-quarantine for 14 days from the date you returned from your travel or the day of your last contact with a case of COVID-19: 1. Traveled within the United States to any of the states and locations with known widespread community transmission as listed by the Kansas Department of Health and Environment. 2. Traveled internationally to the locations specified by KDHE... 3. Traveled on a cruise ship or river cruise on or after March 15. 4. Received notification from Public Health officials (state or local) that you are a close contact of a laboratory-confirmed case of COVID-19.... Those who are under home quarantine should not leave their home unless to satisfy critical needs like acquiring food and other essential items. They should not attend school, work or any other setting where…

Enforcement: K.S.A. 65-129 (violation of quarantine order).

Citation: Shawnee County Health Officer, Public Health Order for Home Quarantine by the Shawnee County Health Officer (July 15, 2020) (Ex. KS-091) Open the exhibit

Ex. KS-033
Executive Order 20-59

Requiring COVID-19 mitigation procedures in K-12 schools

Governor Laura Kelly, Kansas (State)

Dates
In force from Aug. 10, 2020 to Mar. 31, 2021 (issued July 20, 2020)
Quarters
2020 Q32020 Q42021 Q1
Limitations
Face-covering requirementSchools and child careWorkplace rules
Functions reached
IN in-person instruction; WF workforce (school schedules); AC athletics and activities; vendors entering schools
Grade
Primary source read
Days in this quarter
52 (in force on the last day)

1. K-12 public and private schools shall require all students, faculty, staff, vendors and other visitors to public or private K-12 school attendance centers to cover their mouth and nose with a mask or other face covering at all times except as described below... 2. Throughout all public or private K-12 school buildings or facilities individuals shall maintain a 6-foot distance from other individuals with only infrequent or incidental moments of closer proximity.... 3. Hand sanitizer shall be made available in all public or private K-12 classrooms... Students and faculty shall sanitize their hands at regular intervals throughout the school day and no less than once every hour. 4. Individuals entering all public or private K-12 attendance centers shall have their temperatures checked before entering the building for the first time each day.... It shall become effective August 10, 2020…

Enforcement: Para. 7: Attorney General, county attorneys and district attorneys to use discretion; K.S.A. 48-939. EO 20-68 para. 11 confirmed EO 20-59 'continue[s] to control COVID-19 mitigation procedures, including the wearing of masks or other face coverings, in K-12 public and private school buildings.'

Citation: Governor Laura Kelly, Executive Order 20-59 (July 20, 2020) (Ex. KS-033) Open the exhibit

Ex. KS-034
Executive Order 20-61

Temporarily prohibiting certain foreclosures and evictions (reissuing EO 20-10)

Governor Laura Kelly, Kansas (State)

Dates
In force from Aug. 17, 2020 to June 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Other
Functions reached
SV servicing, foreclosure and eviction; PM property management; CL lending
Grade
Primary source read
Days in this quarter
45 (in force on the last day)

WHEREAS,... the provisions of Executive Order 20-10 are again necessary to secure the safety and protection of the civilian population;... [prohibiting the initiation of foreclosure or eviction proceedings for defaults substantially caused by COVID-19 financial hardship]... 11. This order supersedes any contrary order by any local health department regarding foreclosures or evictions

Enforcement: K.S.A. 48-939; 'All other laws or regulations relating to foreclosures and landlord-tenant rights remain in effect.'

Citation: Governor Laura Kelly, Executive Order 20-61 (Aug. 17, 2020) (Ex. KS-034) Open the exhibit

Ex. KS-068
Administrative Order 2020-PR-099

District and Appellate Court Operations as of September 4, 2020

Kansas Supreme Court, Kansas (Court)

Dates
In force from Sept. 4, 2020 to Dec. 1, 2020
Quarters
2020 Q32020 Q4
Limitations
Courts and public officesWorkplace rules
Functions reached
CT courts; CL dockets
Grade
Primary source read
Days in this quarter
27 (in force on the last day)

2. All Kansas district and appellate courts, including those operating under 2020-PR-049, must comply with: Orders of the Supreme Court and Chief Justice; all COVID-19 Safety Directives of the Office of Judicial Administration; any applicable order or guidance from local public health officials; any orders issued by the Kansas Governor; all guidelines available at https://covid.ks.gov/ad-astra-a-plan-to-reopen-kansas/; any applicable guidelines of the Occupational Safety and Health Administration; and the guidelines from the Kansas Department of Health and Environment. If provisions in this bulleted list conflict, the court must follow the most restrictive provisions.... 3. Courts must continue to expand the use of remote hearings as much as possible

Enforcement: Binding on all Kansas courts.

Citation: Kansas Supreme Court, Administrative Order 2020-PR-099 (Sept. 4, 2020) (Ex. KS-068) Open the exhibit

Ex. KS-035
Executive Order 20-64

Extending certain Executive Orders relating to the COVID-19 pandemic (EOs 20-37, 20-39, 20-40, 20-43, 20-50, 20-55, 20-56, 20-61 through Jan. 26, 2021)

Governor Laura Kelly, Kansas (State)

Dates
In force from Sept. 10, 2020 to Jan. 26, 2021
Quarters
2020 Q32020 Q42021 Q1
Limitations
Emergency declarationHealth care ordersCourts and public officesOther
Functions reached
CL licensing and DMV; CT notaries; HC adult care homes; SV evictions and foreclosures
Grade
Primary source read
Days in this quarter
21 (in force on the last day)

1. Each executive order listed below is incorporated herein by reference and is hereby re-issued and remains in effect through January 26, 2021, until the statewide State of Disaster Emergency extended by 2020 House Bill 2016, L. 2020 Special Session Ch. 1, Sec. 5, relating to COVID-19 expires, or until the order is rescinded, whichever is earlier.

Enforcement: K.S.A. 48-939.

Citation: Governor Laura Kelly, Executive Order 20-64 (Sept. 10, 2020) (Ex. KS-035) Open the exhibit

Ex. KS-069
Administrative Order 2020-PR-101

Order Continuing Administrative Orders Suspending Statutes of Limitation, Statutory Time Standards, Deadlines, and Time Limitations Under State Finance Council's Extension of the State of Disaster Emergency related to COVID-19

Chief Justice Marla Luckert, Kansas (Court)

Dates
In force from Sept. 15, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Courts and public offices
Functions reached
CT courts; CL collections, foreclosure and eviction timelines; BD
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

2020 Spec. Sess. House Bill 2016 ratified the state of disaster emergency declarations issued by the Governor and continued in existence the disaster emergency declaration issued for all 105 counties of Kansas, from March 12, 2020, through September 15, 2020.... On September 11, 2020, the State Finance Council voted to extend the state of disaster emergency through October 15, 2020.... 1. Each Administrative Order listed below suspending statutes of limitation, statutory time standards, deadlines, and time limitations continues in existence under the State Finance Council's extension of the state of disaster emergency. 2020-PR-016; 2020-PR-031, and its amendments in 2020-PR-036; 2020-PR-032; 2020-PR-044; 2020-PR-046; 2020-PR-047; 2020-PR-055; 2020-PR-057; 2020-PR-058; and 2020-PR-075.

Enforcement: K.S.A. 20-172.

Citation: Chief Justice Marla Luckert, Administrative Order 2020-PR-101 (Sept. 15, 2020) (Ex. KS-069) Open the exhibit

Continuing in force from an earlier quarter of this report (16 instruments):

ExhibitCitationDatesLimitations
Ex. KS-060Kansas Supreme Court (Chief Justice Marla Luckert), Administrative Order 2020-PR-016 (Mar. 18, 2020) (Ex. KS-060)In force from Mar. 18, 2020 to Sept. 30, 2021Gathering capCourts and public offices
Ex. KS-063Kansas Supreme Court, Administrative Order 2020-PR-049 (May 1, 2020) (Ex. KS-063)In force from May 1, 2020 to Dec. 1, 2020Gathering capCourts and public offices
Ex. KS-027Kansas Legislature (2020 Special Session), House Bill 2016 (2020 Special Session) (June 8, 2020) (Ex. KS-027)In force from June 9, 2020 to Mar. 31, 2021 (issued June 8, 2020)Emergency declarationBusiness closureSchools and child careOther
Ex. KS-066Kansas Supreme Court, Administrative Order 2020-PR-076 (June 16, 2020) (Ex. KS-066)In force from June 16, 2020 to Dec. 1, 2020Gathering capCourts and public officesWorkplace rules
Ex. KS-001Governor Laura Kelly, State of Disaster Emergency Proclamation (Mar. 12, 2020) (Ex. KS-001)In force from Mar. 12, 2020 to June 30, 2021Emergency declaration
Ex. KS-003Kansas Legislature, House Substitute for Senate Bill No. 102 (Mar. 19, 2020) (Ex. KS-003)In force from Mar. 19, 2020 to June 9, 2020Courts and public offices
Ex. KS-013Governor Laura Kelly, Executive Order 20-20 (Apr. 9, 2020) (Ex. KS-013)In force from Apr. 9, 2020 to June 30, 2021Courts and public officesOther
Ex. KS-016Governor Laura Kelly, Executive Order 20-26 (Apr. 22, 2020) (Ex. KS-016)In force from Apr. 22, 2020 to May 31, 2020Health care orders
Ex. KS-017Governor Laura Kelly, Executive Order 20-27 (Apr. 22, 2020) (Ex. KS-017)In force from Apr. 22, 2020 to June 30, 2021Alcohol and bars
Ex. KS-062Chief Justice Marla Luckert, Administrative Order 2020-PR-047 (May 1, 2020) (Ex. KS-062)In force from May 1, 2020 to Sept. 30, 2021Courts and public offices
Ex. KS-023Governor Laura Kelly, State of Disaster Emergency Proclamation of May 26, 2020 (Ex. KS-023)In force from May 26, 2020 to June 30, 2021Emergency declaration
Ex. KS-024Governor Laura Kelly, Executive Order 20-41 (May 26, 2020) (Ex. KS-024)In force from May 26, 2020 to June 30, 2021Health care orders
Ex. KS-025Governor Laura Kelly, Executive Order 20-42 (May 26, 2020) (Ex. KS-025)In force from May 26, 2020 to Apr. 1, 2021Alcohol and bars
Ex. KS-064Chief Justice Marla Luckert, Administrative Order 2020-PR-058 (May 27, 2020) (Ex. KS-064)In force from May 27, 2020 to Apr. 15, 2021Courts and public offices
Ex. KS-065Kansas Supreme Court, Administrative Order 2020-PR-062 (June 11, 2020) (Ex. KS-065)In force from June 15, 2020 to Dec. 1, 2020 (issued June 11, 2020)Telework mandateTravel and quarantineCourts and public officesQuarantine and isolation
Ex. KS-054Kansas Department of Health and Environment, KDHE 'Travel & Exposure Related Isolation / Quarantine' mandate page (as of July 1, 2020; list updated June 29, 2020) (Ex. KS-054)In force from June 29, 2020 to Sept. 30, 2020Travel and quarantineQuarantine and isolation

Agencies, boards and authorities: Kansas

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

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

Federal layer

Ex. FED-031
CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

Ex. FED-303
Standing Order 20-17

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

Enforcement: OMB directive to contracting officers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

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

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

State of Kansas

Ex. KS-085
Emergency Public Health Order of the Sedgwick County Local Health Officer (Nov. 10, 2020)

Winter re-tightening: mass gatherings capped at 100 or 50 percent; eight per table; 11 p.m. closing for alcohol and dining; masks enforced by retailers; spectators limited

Sedgwick County Local Health Officer (Garold Minns, M.D.); Board of County Commissioners (penalty resolution), Sedgwick County, Kansas (County)

Dates
In force from Nov. 11, 2020 to Dec. 31, 2020 (issued Nov. 10, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached
DR dining (curfew; 8 per table); BA bars (11 p.m.); FC fitness (100/50 percent); SF retail (mask enforcement); SP sports (spectators); GATH events; MK
Grade
Primary source read
Days in this quarter
51 (in force on the last day)

Limited mass gatherings to 100 people or 50 percent of a venue's capacity, including bars, nightclubs, restaurants, fitness centers and health clubs; capped seating at eight per table with six feet or a physical barrier between tables; required all bars, night clubs, restaurants and other businesses licensed to sell alcohol for on-premises consumption to close by 11:00 p.m. and in-person dining to finish by 11:00 p.m.; required retail stores to inform patrons that masks are mandatory and to enforce the requirement; limited attendance at sporting, tournament and recreational events to two spectators per participant. 'The order takes effect Wednesday, November 11, 2020 at 12:01 a.m. until December 31, 2020, unless it is amended, revoked, or replaced.'

Enforcement: County resolution establishing a maximum fine of $500 for repeated violations and code-violation citations (up to $500 plus $20 court costs; no jail); deputies could cite in unincorporated areas from Nov. 18, 2020.

Citation: Sedgwick County Local Health Officer (Garold Minns, M.D.); Board of County Commissioners (penalty resolution), Emergency Public Health Order of the Sedgwick County Local Health Officer (Nov. 10, 2020) (Ex. KS-085) Open the exhibit

Ex. KS-092
Emergency Order of Local Health Officer (Nov. 12, 2020)

Winter re-tightening: gatherings limited to 10 indoors or outdoors; bars and restaurants close at midnight; parties over 10 barred; 50 percent capacity for establishments over 100

Shawnee County Health Officer, Shawnee County, Kansas (Topeka) (County)

Dates
In force from Nov. 13, 2020 to Mar. 31, 2021 (issued Nov. 12, 2020)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capCurfew and hoursAlcohol and bars
Functions reached
GATH 10; BA bars (midnight); DR dining (midnight; 50 percent); MK events
Grade
Primary source read
Days in this quarter
49 (in force on the last day)

Emergency Public Health Order issued on this 12th day of November 2020, effective at 12:01 a.m. November 13, 2020, to mitigate the spread of the Coronavirus (COVID-19) in Shawnee County, Kansas, pursuant to the authority provided in K.S.A. 65-119 and K.S.A. 65-202... WHEREAS, on the 26th day of May, 2020, Kansas Governor Laura Kelly announced that the Ad Astra order will no longer have the force and effect of law and that Counties would thenceforth be responsible for issuing any further public health orders... [gatherings limited to 10 people whether indoors or outdoors; bars must close at 12:00 a.m.; restaurants must close at 12:00 a.m. unless providing drive-thru, delivery or pick-up; parties larger than 10 may not sit together; bars or restaurants with a maximum capacity larger than 100 people may operate only at 50% of that capacity (Husch tracker summary)]

Enforcement: K.S.A. 65-119, 65-129; closure orders for non-compliant businesses.

Citation: Shawnee County Health Officer, Emergency Order of Local Health Officer (Nov. 12, 2020) (Ex. KS-092) Open the exhibit

Ex. KS-094
Emergency Order of Local Health Officer (Nov. 20, 2020)

Winter re-tightening: mass gatherings of more than 10 prohibited; entertainment and recreational venues and food and drink premises capped at 100 or 50 percent; 10 p.m. close; telework recommended

Douglas County Local Health Officer (Thomas Marcellino, M.D.), Douglas County, Kansas (Lawrence) (County)

Dates
In force from Nov. 20, 2020 to Mar. 31, 2021
Quarters
2020 Q42021 Q1
Limitations
Telework mandateCapacity limitGathering capCurfew and hoursAlcohol and barsEvents and venues
Functions reached
GATH 10; PE performances and venues; FC gyms; MK meetings, conferences, banquets; DR dining and bars (10 p.m. close); OP telework recommended
Grade
Primary source read
Days in this quarter
42 (in force on the last day)

1. Mass Gatherings: Mass gatherings of more than 10 individuals are prohibited.... it is recommended that businesses allow employees to work from home to the greatest extent possible... 4. Business Restrictions: a. All businesses must comply with the following: i. Maintain at least 6 feet of distance between customers or groups of customers...; c. Unless otherwise noted in this order, the following venues are restricted: i. Entertainment venues, including: auditoriums; arenas; banquet halls; cinemas; conference centers; concert halls; performance venues; sporting venues; community centers; stadiums; theaters casinos; night clubs; and adult entertainment; ii. Recreational facilities and places of public amusement, including: gyms, fitness and recreational centers; amusement parks; arcades; bingo halls; bowling alleys; and clubs; iii. Parties, informal gatherings, lectures, meetings…

Enforcement: K.S.A. 65-119, 65-129.

Citation: Douglas County Local Health Officer (Thomas Marcellino, M.D.), Emergency Order of Local Health Officer (Nov. 20, 2020) (Ex. KS-094) Open the exhibit

Ex. KS-086
Emergency Public Health Order of the Sedgwick County Local Health Officer amending and replacing the order of Nov. 24, 2020 (Dec. 8, 2020)

Masks, gathering caps, social distancing and restrictions on bars and restaurants continued (ICU capacity recital)

Sedgwick County Local Health Officer, Sedgwick County, Kansas (County)

Dates
In force from Dec. 10, 2020 to Jan. 6, 2021 (issued Dec. 8, 2020)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsWorkplace rules
Functions reached
DR; BA; GATH; MASK; SF; FC
Grade
Primary source read
Days in this quarter
22 (in force on the last day)

WHEREAS, in-person dining in restaurants and in-person activities within bars, night clubs, and other businesses licensed to sell alcohol for on-premises consumption present heightened risks of person-to-person spread of COVID-19...; WHEREAS, the intensive care units at the largest hospitals within Sedgwick County are at or very near full capacity...; WHEREAS,... requiring that masks or other face coverings be worn in public, limiting the size of public gatherings, requiring social distancing, and placing certain other restrictions on act[ivities are necessary]... NOW, THEREFORE, BE IT ORDERED by the Sedgwick County Local Health Officer... 'Mass gatherings' mean gatherings of individuals within specific enclosed, confined, or designated public spaces, whether indoors or outdoors.

Enforcement: K.S.A. 65-119, 65-129; county penalty resolution (Nov. 2020).

Citation: Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer amending and replacing the order of Nov. 24, 2020 (Dec. 8, 2020) (Ex. KS-086) Open the exhibit

Ex. KS-070
Administrative Order 2020-PR-123

District and Appellate Court Operations as of December 1, 2020

Kansas Supreme Court, Kansas (Court)

Dates
In force from Dec. 1, 2020 to May 24, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Gathering capCourts and public officesWorkplace rules
Functions reached
CT courts; CL dockets
Grade
Primary source read
Days in this quarter
31 (in force on the last day)

Kansas district and appellate courts are operating under Administrative Orders issued in response to the novel coronavirus (COVID-19) pandemic. [Consolidated operating requirements for the winter 2020-21 surge: screening, distancing, remote hearings, jury-trial precautions.]

Enforcement: Binding on all Kansas courts.

Citation: Kansas Supreme Court, Administrative Order 2020-PR-123 (Dec. 1, 2020) (Ex. KS-070) Open the exhibit

Ex. KS-036
Executive Order 20-68

Establishing a Face Coverings Protocol

Governor Laura Kelly, Kansas (State)

Dates
In force from Nov. 25, 2020 to Mar. 31, 2021 (issued Nov. 18, 2020)
Quarters
2020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF sales floors; DR dining; OP offices and common areas; KT food preparation; CB customers; WF workforce
Grade
Primary source read
Days in this quarter
37 (in force on the last day)

1. The provisions of paragraphs 2 through 5 below do not apply in counties or municipalities that meet either of the following criteria: a. counties in which Executive Order 20-52 is in effect, meaning that the county commission has not exercised its authority under K.S.A. 48-925(h) to 'opt out' of Executive Order 20-52; or b. counties or municipalities in which a local ordinance or order requires that face coverings be worn in public places and in businesses. 2. Effective at 12:01 a.m. on Wednesday, November 25, 2020, any person in Kansas shall wear a face covering when they are in the following situations: a. Inside, or in line to enter, any indoor public space; b. Obtaining services from the healthcare sector...; c. Waiting for or riding on public transportation...; d. While outdoors in public spaces and unable to maintain a 6-foot distance... 3. Also effective at 12:01 a.m. on…

Enforcement: Para. 8: Attorney General, county attorneys and district attorneys to use discretion; K.S.A. 48-939; one-week window (Nov. 18-25) for counties to adopt their own ordinances.

Citation: Governor Laura Kelly, Executive Order 20-68 (Nov. 18, 2020) (Ex. KS-036) Open the exhibit

Ex. KS-075
39 Kan. Reg. No. 47A (Nov. 20, 2020), pp. 1437-1446: Executive Order 20-68 (typed text)

Establishing a Face Coverings Protocol (typed text)

Kansas Secretary of State (Kansas Register) publishing Executive Order 20-68, Kansas (State)

Dates
In force from Nov. 25, 2020 to Mar. 31, 2021 (issued Nov. 20, 2020)
Quarters
2020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rules
Functions reached
see KS-036
Grade
Primary source read
Days in this quarter
37 (in force on the last day)

See KS-036.

Enforcement: See KS-036.

Citation: Kansas Secretary of State (Kansas Register) publishing Executive Order 20-68, 39 Kan. Reg. No. 47A (Nov. 20, 2020), pp. 1437-1446: Executive Order 20-68 (typed text) (Ex. KS-075) Open the exhibit

Ex. KS-055
KDHE travel and exposure quarantine mandate page (as of Jan. 5, 2021; list updated Dec. 1, 2020; shortened-quarantine guidance Dec. 8, 2020)

Travel-related quarantine mandate: out-of-state mass gatherings of 500 or more; cruises since Mar. 15, 2020; close contacts

Kansas Department of Health and Environment, Kansas (Sector regulator)

Dates
In force from Dec. 1, 2020 to Mar. 31, 2021
Quarters
2020 Q42021 Q1
Limitations
Travel and quarantineQuarantine and isolation
Functions reached
TR travel; MK events of 500+; WF workforce quarantine
Grade
Primary source read
Days in this quarter
31 (in force on the last day)

Those who have traveled to the following locations need to quarantine upon arrival in Kansas. The length of quarantine varies depending on whether you have been tested for COVID-19. This applies to both Kansas residents and those visiting Kansas: Attended/traveled to mass gathering events out-of-state of 500 people or greater where individuals do not socially distance (6 feet) and wear masks. Been on a cruise ship or river cruise on or after March 15. Others needing to continue quarantining: Received notification from public health officials (state or local) that you are a close contact of a lab-confirmed case

Enforcement: K.S.A. 65-129.

Citation: Kansas Department of Health and Environment, KDHE travel and exposure quarantine mandate page (as of Jan. 5, 2021; list updated Dec. 1, 2020; shortened-quarantine guidance Dec. 8, 2020) (Ex. KS-055) Open the exhibit

Ex. KS-071
Administrative Order 2020-PR-124

Amended Order Requiring Masks in District and Appellate Courts

Kansas Supreme Court, Kansas (Court)

Dates
In force from Dec. 1, 2020 to May 24, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT courts
Grade
Primary source read
Days in this quarter
31 (in force on the last day)

This order updates operating requirements for district and appellate courts by amending 2020-PR-094. [Masks required in all courtrooms, court offices and court facilities statewide.]

Enforcement: Binding on all Kansas courts.

Citation: Kansas Supreme Court, Administrative Order 2020-PR-124 (Dec. 1, 2020) (Ex. KS-071) Open the exhibit

Ex. KS-037
Kansas EO 20-69 (Dec. 9, 2020) and KDHE Secretary's Order (June 18, 2021)

Requiring COVID-19 testing in certain adult care homes

Governor Laura Kelly, Kansas (State)

Dates
In force from Dec. 14, 2020 to June 30, 2021 (issued Dec. 9, 2020)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
IC infection control and staff testing; HR staffing; RS residential care; VS visitation and entry screening; vendors and contractors entering facilities
Grade
Primary source read
Days in this quarter
18 (in force on the last day)

Requires testing of adult care home staff and residents at minimum intervals based on county positivity rates (low, under 5 percent: once a month; medium, 5-10 percent: once a week; high, over 10 percent: twice a week), with outbreak testing every 3-7 days, screening of all staff each shift, residents daily and all persons entering the facility, restriction of symptomatic staff pending results, and CLIA-waiver or laboratory arrangements. 'It shall become effective on Monday, December 14, 2020, and remain in force until rescinded or until the statewide State of Disaster Emergency... expires, whichever is earlier.'

Enforcement: KDADS licensing; K.S.A. 48-939.

Citation: Governor Laura Kelly, Kansas EO 20-69 (Dec. 9, 2020) and KDHE Secretary's Order (June 18, 2021) (Ex. KS-037) Open the exhibit

Continuing in force from an earlier quarter of this report (26 instruments):

ExhibitCitationDatesLimitations
Ex. KS-060Kansas Supreme Court (Chief Justice Marla Luckert), Administrative Order 2020-PR-016 (Mar. 18, 2020) (Ex. KS-060)In force from Mar. 18, 2020 to Sept. 30, 2021Gathering capCourts and public offices
Ex. KS-063Kansas Supreme Court, Administrative Order 2020-PR-049 (May 1, 2020) (Ex. KS-063)In force from May 1, 2020 to Dec. 1, 2020Gathering capCourts and public offices
Ex. KS-027Kansas Legislature (2020 Special Session), House Bill 2016 (2020 Special Session) (June 8, 2020) (Ex. KS-027)In force from June 9, 2020 to Mar. 31, 2021 (issued June 8, 2020)Emergency declarationBusiness closureSchools and child careOther
Ex. KS-066Kansas Supreme Court, Administrative Order 2020-PR-076 (June 16, 2020) (Ex. KS-066)In force from June 16, 2020 to Dec. 1, 2020Gathering capCourts and public officesWorkplace rules
Ex. KS-084Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer (Sept. 3, 2020) (Ex. KS-084)In force from Sept. 3, 2020 to Oct. 20, 2020Gathering capFace-covering requirementCurfew and hoursAlcohol and bars
Ex. KS-001Governor Laura Kelly, State of Disaster Emergency Proclamation (Mar. 12, 2020) (Ex. KS-001)In force from Mar. 12, 2020 to June 30, 2021Emergency declaration
Ex. KS-003Kansas Legislature, House Substitute for Senate Bill No. 102 (Mar. 19, 2020) (Ex. KS-003)In force from Mar. 19, 2020 to June 9, 2020Courts and public offices
Ex. KS-013Governor Laura Kelly, Executive Order 20-20 (Apr. 9, 2020) (Ex. KS-013)In force from Apr. 9, 2020 to June 30, 2021Courts and public officesOther
Ex. KS-017Governor Laura Kelly, Executive Order 20-27 (Apr. 22, 2020) (Ex. KS-017)In force from Apr. 22, 2020 to June 30, 2021Alcohol and bars
Ex. KS-062Chief Justice Marla Luckert, Administrative Order 2020-PR-047 (May 1, 2020) (Ex. KS-062)In force from May 1, 2020 to Sept. 30, 2021Courts and public offices
Ex. KS-023Governor Laura Kelly, State of Disaster Emergency Proclamation of May 26, 2020 (Ex. KS-023)In force from May 26, 2020 to June 30, 2021Emergency declaration
Ex. KS-024Governor Laura Kelly, Executive Order 20-41 (May 26, 2020) (Ex. KS-024)In force from May 26, 2020 to June 30, 2021Health care orders
Ex. KS-025Governor Laura Kelly, Executive Order 20-42 (May 26, 2020) (Ex. KS-025)In force from May 26, 2020 to Apr. 1, 2021Alcohol and bars
Ex. KS-064Chief Justice Marla Luckert, Administrative Order 2020-PR-058 (May 27, 2020) (Ex. KS-064)In force from May 27, 2020 to Apr. 15, 2021Courts and public offices
Ex. KS-065Kansas Supreme Court, Administrative Order 2020-PR-062 (June 11, 2020) (Ex. KS-065)In force from June 15, 2020 to Dec. 1, 2020 (issued June 11, 2020)Telework mandateTravel and quarantineCourts and public officesQuarantine and isolation
Ex. KS-030Governor Laura Kelly (Executive Order 20-52), published by the Secretary of State, Executive Order 20-52 (typed text, 39 Kan. Reg. No. 27A, July 2, 2020, pp. 911-913; issue also carries EOs 20-49, 20-50, 20-51) (Ex. KS-030)In force from July 3, 2020 to Mar. 31, 2021 (issued July 2, 2020)Face-covering requirementWorkplace rules
Ex. KS-067Kansas Supreme Court, Administrative Order 2020-PR-090 (July 2, 2020) (Ex. KS-067)In force from July 3, 2020 to Aug. 4, 2020 (issued July 2, 2020)Face-covering requirementCourts and public offices
Ex. KS-031Governor Laura Kelly, Executive Order 20-55 (July 8, 2020) (Ex. KS-031)In force from July 8, 2020 to June 30, 2021Courts and public officesOther
Ex. KS-088Wichita City Council (Governing Body), Ordinance No. 51-307 (July 7, 2020) (Ex. KS-088)In force from July 8, 2020 to Dec. 31, 2020 (issued July 7, 2020)Face-covering requirementWorkplace rules
Ex. KS-089Board of County Commissioners of Shawnee County, Shawnee County Resolution 2020-44 (July 6, 2020) (Ex. KS-089)In force from July 9, 2020 to Dec. 31, 2020 (issued July 6, 2020)Face-covering requirement
Ex. KS-091Shawnee County Health Officer, Public Health Order for Home Quarantine by the Shawnee County Health Officer (July 15, 2020) (Ex. KS-091)In force from July 15, 2020 to Mar. 31, 2021Travel and quarantineQuarantine and isolation
Ex. KS-033Governor Laura Kelly, Executive Order 20-59 (July 20, 2020) (Ex. KS-033)In force from Aug. 10, 2020 to Mar. 31, 2021 (issued July 20, 2020)Face-covering requirementSchools and child careWorkplace rules
Ex. KS-034Governor Laura Kelly, Executive Order 20-61 (Aug. 17, 2020) (Ex. KS-034)In force from Aug. 17, 2020 to June 30, 2021Other
Ex. KS-068Kansas Supreme Court, Administrative Order 2020-PR-099 (Sept. 4, 2020) (Ex. KS-068)In force from Sept. 4, 2020 to Dec. 1, 2020Courts and public officesWorkplace rules
Ex. KS-035Governor Laura Kelly, Executive Order 20-64 (Sept. 10, 2020) (Ex. KS-035)In force from Sept. 10, 2020 to Jan. 26, 2021Emergency declarationHealth care ordersCourts and public officesOther
Ex. KS-069Chief Justice Marla Luckert, Administrative Order 2020-PR-101 (Sept. 15, 2020) (Ex. KS-069)In force from Sept. 15, 2020 to Sept. 30, 2021Courts and public offices

Agencies, boards and authorities: Kansas

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

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

Federal layer

Ex. FED-060
Executive Order 13991

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

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

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

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

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

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

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563

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

Ex. FED-305
Standing Order 21-02

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

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

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

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

Enforcement: court order

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

Ex. FED-008
Memorandum of February 2, 2021

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

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

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

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

Enforcement: Funding directive

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

Ex. FED-071
Executive Order 13910

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State of Kansas

Ex. KS-087
Emergency Public Health Order of the Sedgwick County Local Health Officer (Feb. 2, 2021)

Masks, gathering limits and social distancing continued into 2021

Sedgwick County Local Health Officer, Sedgwick County, Kansas (County)

Dates
In force from Feb. 7, 2021 to Mar. 15, 2021 (issued Feb. 2, 2021)
Quarters
2021 Q1
Limitations
Capacity limitGathering capFace-covering requirementAlcohol and barsWorkplace rules
Functions reached
MASK; GATH; DR; BA; SF
Grade
Primary source read
Days in this quarter
37

This Emergency Public Health Order is effective the 7th day of February, 2021, at 12:01 A.M. to slow the spread of COVID-19 in Sedgwick County, Kansas pursuant to the authority provided in K.S.A. 65-119, K.S.A. 65-202... WHEREAS,... requiring that masks or other face coverings be worn in public, limiting the size of public gatherings, requiring social distancing, and placing certain other restrictions on act[ivities are necessary]... 'Retail store' means a business or organization that sells finished goods to consumers... 'Social distancing' means the physical separation of at least 6 feet between one individual and another individual.

Enforcement: K.S.A. 65-119, 65-129; county penalty resolution.

Citation: Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer (Feb. 2, 2021) (Ex. KS-087) Open the exhibit

Ex. KS-038
Executive Order 21-02

Extending certain Executive Orders (EOs 20-37, 20-39, 20-40, 20-43, 20-56, 20-61, 20-66, 20-70) under Senate Bill 14

Governor Laura Kelly, Kansas (State)

Dates
In force from Jan. 26, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitations
Emergency declarationHealth care ordersCourts and public officesOther
Functions reached
CT notaries; CL licensing and DMV; HC adult care homes; SV evictions and foreclosures
Grade
Primary source read
Days in this quarter
65 (in force on the last day)

1. Each executive order listed below is incorporated herein by reference and is hereby re-issued and remains in effect until the statewide State of Disaster Emergency extended by Senate Bill 14, enacted during the 2021 Legislative Session, relating to COVID-19 expires, or until the order is rescinded, whichever is earlier.

Enforcement: K.S.A. 48-939.

Citation: Governor Laura Kelly, Executive Order 21-02 (Jan. 26, 2021) (Ex. KS-038) Open the exhibit

Ex. KS-039
Senate Bill 14 (2021)

An act concerning governmental response to the COVID-19 pandemic in Kansas... relating to the state of disaster emergency; powers of the governor and executive officers; providing certain limitations and restrictions; authorizing the temporary sale of alcoholic liquor for consumption off of certain licensed premises; authorizing the expanded use of telemedicine...

Kansas Legislature, Kansas (State)

Dates
In force from Jan. 26, 2021 to Mar. 31, 2021 (issued Jan. 25, 2021)
Quarters
2021 Q1
Limitations
Emergency declarationHealth care ordersAlcohol and bars
Functions reached
predicate; BA alcohol to go; TM telehealth
Grade
Primary source read
Days in this quarter
65 (in force on the last day)

[The state of disaster emergency]... extended and continued in existence by the state finance council on January 6, 2021, for an additional 16 days through January 26, 2021... is hereby ratified and continued in existence... through March 31, 2021.... No such extension granted by the state finance council shall continue past March 31, 2021.

Enforcement: Legislative act.

Citation: Kansas Legislature, Senate Bill 14 (2021) (Jan. 25, 2021) (Ex. KS-039) Open the exhibit

Ex. KS-041
Governor's release: 'Governor Laura Kelly Signs Emergency Response Bill, Will Re-Issue Executive Orders to Protect COVID-19 Recovery'

SB 40 signed; disaster declaration extended to May 28, 2021; orders to be reissued April 1, 2021; EOs 20-37, 20-59, 20-66 allowed to expire

Office of the Governor (press release), Kansas (State)

Dates
In force from Mar. 24, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitations
Emergency declaration
Functions reached
predicate
Grade
Confirmed from a secondary source
Days in this quarter
8 (in force on the last day)

Among other provisions, Senate Bill 40 modifies the procedure for the declaration and extension of a state disaster emergency under the Kansas Emergency Management Act, and extends the current disaster declaration to May 28, 2021. Several executive orders related to the COVID-19 pandemic were set to expire on March 31 in conjunction with the expiration of the state of disaster emergency. Senate Bill 40 includes a provision that revokes all current executive orders related to the COVID-19 pandemic... On April 1, the Governor will re-issue the following orders... 20-68 - Establishing a face coverings protocol (the re-issued order will apply to all counties)... The following orders will not be re-issued and therefore allowed to expire: 20-37...; 20-59 - Requiring COVID-19 mitigation procedures in K-12 schools; and 20-66

Enforcement: n/a

Citation: Office of the Governor (press release), Governor's release: 'Governor Laura Kelly Signs Emergency Response Bill, Will Re-Issue Executive Orders to Protect COVID-19 Recovery' (Mar. 24, 2021) (Ex. KS-041) Open the exhibit

Ex. KS-040
Senate Bill 40 (2021)

An act concerning governmental response to certain emergencies; prescribing powers, duties and functions of the board of education of each school district... related to the COVID-19 health emergency and establishing judicial review thereof;... modifying the procedure for the declaration and extension of a state of disaster emergency...; authorizing the legislative coordinating council and the legislature to take certain actions...; prohibiting certain actions by the governor related to the COVID-19 health emergency and revoking all executive orders related to such emergency on March 31, 2021;... authorizing the legislative coordinating council to revoke certain orders issued by the secretary of health and environment; limiting powers granted to local health officers

Kansas Legislature, Kansas (State)

Dates
In force from Mar. 25, 2021 to Sept. 30, 2021 (issued Mar. 24, 2021)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Emergency declarationFace-covering requirementSchools and child careOther
Functions reached
predicate; ends the gubernatorial layer; devolves schools to boards and local orders to county commissions
Grade
Primary source read
Days in this quarter
7 (in force on the last day)

Sec. 5(a)... is hereby ratified and continued in existence from March 12, 2020, through May 28, 2021.... (c) Notwithstanding any other provision of law to the contrary, all executive orders issued during the state of disaster emergency ratified and continued in existence pursuant to this section related to the COVID-19 health emergency are hereby revoked on March 31, 2021, and shall be null and void. Any new executive orders... that are related to the COVID-19 health emergency shall be subject to revocation by the legislature or the legislative coordinating council pursuant to K.S.A. 48-925... Sec. 6 [K.S.A. 48-925(b)]: Such executive orders shall be null and void after the period of a state of disaster emergency has ended. Such executive orders may be revoked at any time by concurrent resolution of the legislature or, when the legislature is not in session or is adjourned during session…

Enforcement: Legislative act; expedited district-court review of school and county COVID-19 actions; KDHE Secretary orders revocable by the LCC (K.S.A. 65-101(c)).

Citation: Kansas Legislature, Senate Bill 40 (2021) (Mar. 24, 2021) (Ex. KS-040) Open the exhibit

Ex. KS-072
Administrative Order 2021-PR-020

Order Lifting Suspension of Most Statutory Deadlines and Time Limitations on April 15, 2021

Chief Justice Marla Luckert, Kansas (Court)

Dates
In force from Apr. 15, 2021 to June 30, 2021 (issued Mar. 30, 2021)
Quarters
2021 Q12021 Q2
Limitations
Courts and public offices
Functions reached
CT courts; CL collections and foreclosure timelines
Grade
Primary source read
Days in this quarter
0

As the Chief Justice of the Kansas Supreme Court, I have issued multiple [administrative orders suspending statutory deadlines]... [most statutory deadlines and time limitations (including statutes of limitation and statutory time standards) suspended by my administrative orders resume on April 15, 2021, as recited in 2021-PR-100]

Enforcement: K.S.A. 20-172(d) time-computation rules.

Citation: Chief Justice Marla Luckert, Administrative Order 2021-PR-020 (Mar. 30, 2021) (Ex. KS-072) Open the exhibit

Continuing in force from an earlier quarter of this report (28 instruments):

ExhibitCitationDatesLimitations
Ex. KS-092Shawnee County Health Officer, Emergency Order of Local Health Officer (Nov. 12, 2020) (Ex. KS-092)In force from Nov. 13, 2020 to Mar. 31, 2021 (issued Nov. 12, 2020)Capacity limitGathering capCurfew and hoursAlcohol and bars
Ex. KS-094Douglas County Local Health Officer (Thomas Marcellino, M.D.), Emergency Order of Local Health Officer (Nov. 20, 2020) (Ex. KS-094)In force from Nov. 20, 2020 to Mar. 31, 2021Telework mandateCapacity limitGathering capCurfew and hoursAlcohol and barsEvents and venues
Ex. KS-086Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer amending and replacing the order of Nov. 24, 2020 (Dec. 8, 2020) (Ex. KS-086)In force from Dec. 10, 2020 to Jan. 6, 2021 (issued Dec. 8, 2020)Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsWorkplace rules
Ex. KS-060Kansas Supreme Court (Chief Justice Marla Luckert), Administrative Order 2020-PR-016 (Mar. 18, 2020) (Ex. KS-060)In force from Mar. 18, 2020 to Sept. 30, 2021Gathering capCourts and public offices
Ex. KS-027Kansas Legislature (2020 Special Session), House Bill 2016 (2020 Special Session) (June 8, 2020) (Ex. KS-027)In force from June 9, 2020 to Mar. 31, 2021 (issued June 8, 2020)Emergency declarationBusiness closureSchools and child careOther
Ex. KS-070Kansas Supreme Court, Administrative Order 2020-PR-123 (Dec. 1, 2020) (Ex. KS-070)In force from Dec. 1, 2020 to May 24, 2021Gathering capCourts and public officesWorkplace rules
Ex. KS-001Governor Laura Kelly, State of Disaster Emergency Proclamation (Mar. 12, 2020) (Ex. KS-001)In force from Mar. 12, 2020 to June 30, 2021Emergency declaration
Ex. KS-003Kansas Legislature, House Substitute for Senate Bill No. 102 (Mar. 19, 2020) (Ex. KS-003)In force from Mar. 19, 2020 to June 9, 2020Courts and public offices
Ex. KS-013Governor Laura Kelly, Executive Order 20-20 (Apr. 9, 2020) (Ex. KS-013)In force from Apr. 9, 2020 to June 30, 2021Courts and public officesOther
Ex. KS-017Governor Laura Kelly, Executive Order 20-27 (Apr. 22, 2020) (Ex. KS-017)In force from Apr. 22, 2020 to June 30, 2021Alcohol and bars
Ex. KS-062Chief Justice Marla Luckert, Administrative Order 2020-PR-047 (May 1, 2020) (Ex. KS-062)In force from May 1, 2020 to Sept. 30, 2021Courts and public offices
Ex. KS-023Governor Laura Kelly, State of Disaster Emergency Proclamation of May 26, 2020 (Ex. KS-023)In force from May 26, 2020 to June 30, 2021Emergency declaration
Ex. KS-024Governor Laura Kelly, Executive Order 20-41 (May 26, 2020) (Ex. KS-024)In force from May 26, 2020 to June 30, 2021Health care orders
Ex. KS-025Governor Laura Kelly, Executive Order 20-42 (May 26, 2020) (Ex. KS-025)In force from May 26, 2020 to Apr. 1, 2021Alcohol and bars
Ex. KS-064Chief Justice Marla Luckert, Administrative Order 2020-PR-058 (May 27, 2020) (Ex. KS-064)In force from May 27, 2020 to Apr. 15, 2021Courts and public offices
Ex. KS-030Governor Laura Kelly (Executive Order 20-52), published by the Secretary of State, Executive Order 20-52 (typed text, 39 Kan. Reg. No. 27A, July 2, 2020, pp. 911-913; issue also carries EOs 20-49, 20-50, 20-51) (Ex. KS-030)In force from July 3, 2020 to Mar. 31, 2021 (issued July 2, 2020)Face-covering requirementWorkplace rules
Ex. KS-067Kansas Supreme Court, Administrative Order 2020-PR-090 (July 2, 2020) (Ex. KS-067)In force from July 3, 2020 to Aug. 4, 2020 (issued July 2, 2020)Face-covering requirementCourts and public offices
Ex. KS-031Governor Laura Kelly, Executive Order 20-55 (July 8, 2020) (Ex. KS-031)In force from July 8, 2020 to June 30, 2021Courts and public officesOther
Ex. KS-091Shawnee County Health Officer, Public Health Order for Home Quarantine by the Shawnee County Health Officer (July 15, 2020) (Ex. KS-091)In force from July 15, 2020 to Mar. 31, 2021Travel and quarantineQuarantine and isolation
Ex. KS-033Governor Laura Kelly, Executive Order 20-59 (July 20, 2020) (Ex. KS-033)In force from Aug. 10, 2020 to Mar. 31, 2021 (issued July 20, 2020)Face-covering requirementSchools and child careWorkplace rules
Ex. KS-034Governor Laura Kelly, Executive Order 20-61 (Aug. 17, 2020) (Ex. KS-034)In force from Aug. 17, 2020 to June 30, 2021Other
Ex. KS-035Governor Laura Kelly, Executive Order 20-64 (Sept. 10, 2020) (Ex. KS-035)In force from Sept. 10, 2020 to Jan. 26, 2021Emergency declarationHealth care ordersCourts and public officesOther
Ex. KS-069Chief Justice Marla Luckert, Administrative Order 2020-PR-101 (Sept. 15, 2020) (Ex. KS-069)In force from Sept. 15, 2020 to Sept. 30, 2021Courts and public offices
Ex. KS-036Governor Laura Kelly, Executive Order 20-68 (Nov. 18, 2020) (Ex. KS-036)In force from Nov. 25, 2020 to Mar. 31, 2021 (issued Nov. 18, 2020)Face-covering requirementWorkplace rules
Ex. KS-075Kansas Secretary of State (Kansas Register) publishing Executive Order 20-68, 39 Kan. Reg. No. 47A (Nov. 20, 2020), pp. 1437-1446: Executive Order 20-68 (typed text) (Ex. KS-075)In force from Nov. 25, 2020 to Mar. 31, 2021 (issued Nov. 20, 2020)Face-covering requirementWorkplace rules
Ex. KS-055Kansas Department of Health and Environment, KDHE travel and exposure quarantine mandate page (as of Jan. 5, 2021; list updated Dec. 1, 2020; shortened-quarantine guidance Dec. 8, 2020) (Ex. KS-055)In force from Dec. 1, 2020 to Mar. 31, 2021Travel and quarantineQuarantine and isolation
Ex. KS-071Kansas Supreme Court, Administrative Order 2020-PR-124 (Dec. 1, 2020) (Ex. KS-071)In force from Dec. 1, 2020 to May 24, 2021Face-covering requirementCourts and public offices
Ex. KS-037Governor Laura Kelly, Kansas EO 20-69 (Dec. 9, 2020) and KDHE Secretary's Order (June 18, 2021) (Ex. KS-037)In force from Dec. 14, 2020 to June 30, 2021 (issued Dec. 9, 2020)Health care ordersWorkplace rulesVaccination or testing

Agencies, boards and authorities: Kansas

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

End of general restrictions, State of Kansas: State of Disaster Emergency Proclamation of May 26, 2020 (KS-023), replacing the April 30, 2020 declaration on whose life EO 20-34 (Ad Astra Phase 2) depended; 'No gubernatorial executive orders issued under the authority premised on this Proclamation will be used to restrict businesses from operating or to restrict the movement or gathering of individuals.' Confirmed by HB 2016 sec. 33 (K.S.A. 48-925(e), through Sept. 15, 2020) and by Kan. Sup. Ct. AOs 2020-PR-062 and 2020-PR-076 ('a proclamation making the Ad Astra plan guidance only'). (2020-05-26). What remained: KDHE travel-related quarantine mandate (to Nov. 2021); EO 20-07 school-building closure to the end of the 2019-20 year; court emergency and reopening orders and statutory-deadline suspensions (to Apr. 15, 2021 and Aug. 2, 2021); eviction and foreclosure moratoria (EO 20-10 to May 31, 2020; EO 20-61 Aug. 17, 2020 to June 15, 2021 via EO 21-13); statewide mask orders EO 20-52 (July 3, 2020) and EO 20-68 (Nov. 25, 2020) to Mar. 31, 2021, with county opt-outs; EO 20-59 K-12 mitigation (Aug. 10, 2020 to Mar. 31, 2021); adult care home licensure and testing orders (to June 15, 2021) and the KDHE Secretary's testing order (June 18, 2021 onward); licensing, notary, alcohol-to-go and unemployment orders; and the county and city orders of Sedgwick, Wichita, Shawnee, Douglas, Johnson and Wyandotte.

Preemption of local orders, State of Kansas: Three phases. (1) March 24-May 3, 2020, state preemption: EO 20-14 para. 4 'supersedes any less restrictive order by any local health department' (more restrictive local orders unaffected); EO 20-15 para. 1 'supersedes and overrides the provisions of any local stay home or similar order that fails to exempt the [KEFF] essential functions'; EO 20-16 para. 5 'While this order is in effect it supersedes all local stay home or similar orders... no local jurisdiction shall issue or enforce any more or less restrictive stay home or similar orders. Local authorities retain any authority to issue or enforce isolation or quarantine orders.' (2) May 4-26, 2020: EO 20-29 paras. 7 and 9 allowed more restrictive local orders but required them to allow KEFF functions; from May 26, 2020 the State set no binding baseline and counties acted under K.S.A. 65-119 and 65-202. (3) June 9, 2020 onward: HB 2016 sec. 33 (K.S.A. 48-925(h)) let any board of county commissioners, after consulting the local health officer, issue an order 'less stringent than the provisions of an executive order effective statewide,' which 'shall operate in the county in lieu of the governor's executive order'; EO 20-52 para. 6 and EO 20-68 paras. 1 and 7 preserved local authority to be 'equally or more restrictive.' SB 40 (Mar. 25, 2021) revoked all COVID-19 EOs on Mar. 31, 2021, subjected new gubernatorial and KDHE orders to revocation by the Legislature or the Legislative Coordinating Council, gave school boards exclusive control of school COVID-19 rules with expedited judicial review, and required local health officer orders to be approved by the board of county commissioners (K.S.A. 65-201 as amended). Kansas therefore never barred local orders; it barred less stringent county orders only until June 9, 2020 and thereafter made counties the primary regulators.

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 Kansas

Ex. KS-042
Executive Order 21-11

Temporarily suspending certain rules relating to sale of alcoholic beverages (reissue)

Governor Laura Kelly, Kansas (State)

Dates
In force from Apr. 1, 2021 to June 15, 2021
Quarters
2021 Q2
Limitations
Alcohol and bars
Functions reached
BA; TO
Grade
Primary source read
Days in this quarter
76 (in force on the first day)

Reissued EO 20-42 (alcohol to go) under Senate Bill 40 (typed text 40 Kan. Reg. No. 13A).

Enforcement: Kansas ABC.

Citation: Governor Laura Kelly, Executive Order 21-11 (Apr. 1, 2021) (Ex. KS-042) Open the exhibit

Ex. KS-043
Executive Order 21-12

Licensure, Certification, and Registration for persons and Licensure of 'Adult Care Homes' during state of disaster emergency (reissue of EO 20-56)

Governor Laura Kelly, Kansas (State)

Dates
In force from Apr. 1, 2021 to June 15, 2021
Quarters
2021 Q2
Limitations
Health care orders
Functions reached
HR credentialing; RS residential care
Grade
Primary source read
Days in this quarter
76 (in force on the first day)

Reissued the adult care home licensure, certification and registration waivers (typed text 40 Kan. Reg. No. 13A).

Enforcement: KDADS licensing.

Citation: Governor Laura Kelly, Executive Order 21-12 (Apr. 1, 2021) (Ex. KS-043) Open the exhibit

Ex. KS-044
Executive Order 21-13

Temporarily prohibiting certain foreclosures and evictions (reissue of EO 20-61)

Governor Laura Kelly, Kansas (State)

Dates
In force from Apr. 1, 2021 to June 15, 2021
Quarters
2021 Q2
Limitations
Other
Functions reached
SV servicing, foreclosure and eviction; PM property management
Grade
Primary source read
Days in this quarter
76 (in force on the first day)

WHEREAS, a State of Disaster Emergency was proclaimed for the State of Kansas on March 12, 2020, and extended to May 28, 2021, by Section 5 of Senate Bill 40 enacted during the 2021 Legislative Session;... [reinstating the EO 20-10/20-61 prohibition on initiating foreclosures and evictions for COVID-19 financial hardship]

Enforcement: K.S.A. 48-939.

Citation: Governor Laura Kelly, Executive Order 21-13 (Apr. 1, 2021) (Ex. KS-044) Open the exhibit

Ex. KS-045
Executive Order 21-14

Establishing a Face Coverings Protocol (reissue)

Governor Laura Kelly, Kansas (State)

Dates
In force from Apr. 1, 2021 to Apr. 1, 2021
Quarters
2021 Q2
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF; DR; OP; CB; WF
Grade
Primary source read
Days in this quarter
1 (in force on the first day)

[Paragraphs 2-5 do] not apply in counties or municipalities in which a local ordinance or order in effect as of the date this [order is issued requires that face coverings be worn] in public places and in businesses.... 3. All businesses or organizations in Kansas must re[quire all employees, customers, visitors, members, or members of the public to wear a face covering]... 7. Local governments retain authority to issue and [enforce equally or more restrictive orders]... Counties may also exercise authority granted by K.S.A. 48-925 as [amended]... It shall become effective immediately and remain in force until rescinded or until the statewide State of Disaster Emergency extended by Section 5 of Senate Bill 40... expires, whichever is earlier.

Enforcement: K.S.A. 48-939; revoked the same day by the LCC under K.S.A. 48-925(b) as amended by SB 40.

Citation: Governor Laura Kelly, Executive Order 21-14 (Apr. 1, 2021) (Ex. KS-045) Open the exhibit

Ex. KS-046
Executive Order 21-15

Requiring COVID-19 testing in certain adult care homes (reissue of EO 20-69)

Governor Laura Kelly, Kansas (State)

Dates
In force from Apr. 1, 2021 to June 15, 2021
Quarters
2021 Q2
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
IC infection control and staff testing; HR staffing; RS residential care
Grade
Primary source read
Days in this quarter
76 (in force on the first day)

WHEREAS, a requirement to test staff and residents living and working in state-licensed adult care homes for COVID-19 is an important and necessary addition to other infection prevention and control (IPC) recommendations... [staff testing intervals by county positivity rate: once a month (low), once a week (medium), twice a week (high); outbreak testing every 3 to 7 days; staff with symptoms must be tested and restricted from the facility]

Enforcement: KDADS licensing; K.S.A. 48-939.

Citation: Governor Laura Kelly, Executive Order 21-15 (Apr. 1, 2021) (Ex. KS-046) Open the exhibit

Ex. KS-047
Governor's release: 'Governor Laura Kelly Signs Executive Orders to Maintain COVID-19 Response'

April 1, 2021 reissued orders 21-09 through 21-21

Office of the Governor (press release), Kansas (State)

Dates
In force from Apr. 1, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Emergency declarationFace-covering requirement
Functions reached
predicate
Grade
Confirmed from a secondary source
Days in this quarter
91 (the whole quarter)

Senate Bill 40 includes a provision that revoked all executive orders related to the COVID-19 pandemic yesterday, but the Governor retains the authority to re-issue orders under the new process imposed by the bill. The Governor today issued the following orders, which will generally remain in effect until rescinded or until the statewide state of disaster emergency expires, whichever is earlier:... 21-14 - Establishing a face coverings protocol (exempts local jurisdictions with their own mask orders in place)

Enforcement: n/a

Citation: Office of the Governor (press release), Governor's release: 'Governor Laura Kelly Signs Executive Orders to Maintain COVID-19 Response' (Apr. 1, 2021) (Ex. KS-047) Open the exhibit

Ex. KS-049
40 Kan. Reg. No. 13A (Apr. 1, 2021), pp. 437-466

Typed texts of EOs 21-09 (licenses), 21-10 (notaries), 21-11 (alcohol to go), 21-12 (adult care homes), 21-13 (evictions), 21-14 (face coverings), 21-15 (adult care home testing), 21-16 (drivers' licenses), 21-17 (unemployment waiting week), 21-18 (withholding), 21-19 (TB testing), 21-20 (rural water districts), 21-21 (vaccinators)

Kansas Secretary of State (Kansas Register) publishing Executive Orders 21-09 through 21-21, Kansas (State)

Dates
In force from Apr. 1, 2021 to June 15, 2021
Quarters
2021 Q2
Limitations
Face-covering requirementHealth care ordersAlcohol and barsCourts and public officesOther
Functions reached
see KS-042 to KS-046
Grade
Primary source read
Days in this quarter
76 (in force on the first day)

See KS-042 to KS-046.

Enforcement: K.S.A. 48-939; LCC revocation power.

Citation: Kansas Secretary of State (Kansas Register) publishing Executive Orders 21-09 through 21-21, 40 Kan. Reg. No. 13A (Apr. 1, 2021), pp. 437-466 (Ex. KS-049) Open the exhibit

Ex. KS-073
Administrative Order 2021-PR-048

District and Appellate Courts Operations as of June 1, 2021

Kansas Supreme Court, Kansas (Court)

Dates
In force from June 1, 2021 to Mar. 2, 2022 (issued May 24, 2021)
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementCourts and public officesWorkplace rules
Functions reached
CT courts, clerks, jury trials; attorneys and litigants; CL dockets
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

This order is entered as approved COVID-19 vaccine availability increases while local COVID-19 infection levels fluctuate throughout Kansas. Even as approved COVID-19 vaccines become readily accessible in Kansas communities, courts should continue to utilize precautionary measures as necessary so as not to undermine public confidence in the courts and damage the integrity of trial by jury... Section A: Minimum Standard Health Protocols 1. Subject only to constitutional limitations, all district and appellate courts in Kansas must develop and follow minimum standard health protocols to avoid exposing court users, staff, and judicial officers to COVID-19. Courts must also consider whether physical distancing and mask usage are necessary based on local conditions.

Enforcement: Binding on all Kansas courts through Mar. 2, 2022.

Citation: Kansas Supreme Court, Administrative Order 2021-PR-048 (May 24, 2021) (Ex. KS-073) Open the exhibit

Ex. KS-056
KDHE travel and exposure quarantine mandate page (as of June 10, 2021; list updated June 3, 2021)

Travel-related quarantine mandate: Chile, Colombia, Paraguay, Suriname, Trinidad and Tobago (June 3), Costa Rica, French Guiana (May 20), India, Maldives, Seychelles (May 6) and others; fully vaccinated and recently infected persons exempt

Kansas Department of Health and Environment, Kansas (Sector regulator)

Dates
In force from June 3, 2021 to Sept. 23, 2021
Quarters
2021 Q22021 Q3
Limitations
Travel and quarantineQuarantine and isolation
Functions reached
TR international travel; WF workforce quarantine; SC foreign supplier visits
Grade
Primary source read
Days in this quarter
28 (in force on the last day)

Those who have traveled to the following locations need to quarantine upon arrival in Kansas. The length of quarantine varies depending on whether you have been tested for COVID-19. This applies to both Kansas residents and those visiting Kansas: Traveled on or after June 3 to Chile, Colombia, Paraguay, Suriname or Trinidad and Tobago. Traveled on or after May 20 to the countries of Costa Rica or French Guiana. Traveled on or after May 6 to the countries of India, Maldives or Seychelles.... Vaccinated persons are not required to quarantine regarding travel if they meet all of the following criteria: Are fully vaccinated... Have remained asymptomatic since the travel

Enforcement: K.S.A. 65-129.

Citation: Kansas Department of Health and Environment, KDHE travel and exposure quarantine mandate page (as of June 10, 2021; list updated June 3, 2021) (Ex. KS-056) Open the exhibit

Ex. KS-048
Memorandum: State Agency Return to In-Person Work Guidance

State Agency Return to In-Person Work Guidance (State offices return to normal operations effective the pay period beginning June 13, 2021; masks continue to be required in State facilities)

Secretary of Administration DeAngela Burns-Wallace (Department of Administration), on the Governor's determination, Kansas (State)

Dates
In force from June 13, 2021 to Sept. 30, 2021 (issued May 12, 2021)
Quarters
2021 Q22021 Q3
Limitations
Telework mandateFace-covering requirementWorkplace rules
Functions reached
OF offices and telework (State agencies); CT public offices and counters; vendors and visitors to State facilities
Grade
Primary source read
Days in this quarter
18 (in force on the last day)

Governor Kelly has determined that State of Kansas offices will return to normal operations effective with the pay period beginning on June 13, 2021. All agencies may begin requiring all employees to physically return to work as of that date... Masks or other facial coverings will continue to be required for all State of Kansas employees and visitors to any State of Kansas facilities under the jurisdiction of the Governor.... While many employees have been required to work remotely to varying degrees over the course of this pandemic, this was due to public health and safety issues, not for the convenience of employees.... agencies may continue to allow employees to work remotely in situations where adequate social distancing cannot be maintained in the office

Enforcement: Executive Branch personnel policy.

Citation: Secretary of Administration DeAngela Burns-Wallace (Department of Administration), on the Governor's determination, Memorandum: State Agency Return to In-Person Work Guidance (May 12, 2021) (Ex. KS-048) Open the exhibit

Ex. KS-051
Governor's release: 'Governor Laura Kelly to Rescind Seven Pandemic Emergency Executive Orders'

Release on EO 21-23 and the end of the emergency response

Office of the Governor (press release), Kansas (State)

Dates
In force from June 14, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Emergency declaration
Functions reached
predicate
Grade
Confirmed from a secondary source
Days in this quarter
17 (in force on the last day)

'Ending these pandemic executive orders is one of the final actions we will take to end the state of Kansas' emergency response,' Governor Kelly said.... 'Without a disaster declaration in place, we undermine our ability to achieve these priorities and objectives.' Governor Kelly will leave Executive Orders 21-15 and 21-21 in effect... Executive Order 21-15 is the only mechanism in place to require COVID-19 testing in certain adult care homes licensed by the state.

Enforcement: n/a

Citation: Office of the Governor (press release), Governor's release: 'Governor Laura Kelly to Rescind Seven Pandemic Emergency Executive Orders' (June 14, 2021) (Ex. KS-051) Open the exhibit

Ex. KS-050
Executive Order 21-23

Rescinding certain executive orders relating to the COVID-19 pandemic

Governor Laura Kelly, Kansas (State)

Dates
In force from June 15, 2021 to June 30, 2021 (issued June 14, 2021)
Quarters
2021 Q2
Limitations
Emergency declaration
Functions reached
marks the wind-down of the gubernatorial layer
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

WHEREAS, a State of Disaster Emergency was proclaimed for the State of Kansas on March 12, 2020, and such emergency was extended to May 28, 2021, through various legislative mechanisms and by Senate Bill 40...; WHEREAS, certain emergency executive orders still in effect--addressing issues from tax withholding and driver's license renewals to unemployment benefits and tuberculin testing--are no longer essential to the emergency response to the pandemic. NOW, THEREFORE,... I hereby rescind the following orders effective as of 11:59 p.m. on the dates noted below: 1. Executive Order 21-10 regarding remote notaries and witnesses is hereby rescinded effective July 15, 2021. 2. Executive Order 21-12... June 15, 2021. 3. Executive Order 21-16... June 30, 2021. 4. Executive Order 21-17... June 15, 2021. 5. Executive Order 21-18... June 15, 2021. 6. Executive Order 21-19... June 15, 2021. 7.…

Enforcement: n/a

Citation: Governor Laura Kelly, Executive Order 21-23 (June 14, 2021) (Ex. KS-050) Open the exhibit

Ex. KS-058
Governor Laura Kelly Statement Regarding Republican Leaders Revoking Disaster Declaration

Statement on the Legislative Coordinating Council's refusal to extend the State of Disaster Emergency (June 15, 2021)

Office of the Governor (statement), Kansas (State)

Dates
In force from June 15, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Emergency declaration
Functions reached
predicate (fixes the June 15, 2021 end of the emergency)
Grade
Confirmed from a secondary source
Days in this quarter
16 (in force on the last day)

The following statement is attributable to Governor Laura Kelly regarding Republican leaders' decision to revoke the disaster declaration: 'I asked Republican leaders to extend the disaster declaration until August to boost efforts to vaccinate our children before school starts, support our local governments, and help get our state back to normal.... The actions by a select few Republicans in the Legislature will make our response more difficult.'

Enforcement: n/a

Citation: Office of the Governor (statement), Governor Laura Kelly Statement Regarding Republican Leaders Revoking Disaster Declaration (June 15, 2021) (Ex. KS-058) Open the exhibit

Ex. KS-052
KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care Homes

Order Requiring COVID-19 Testing in Adult Care Homes

Lee A. Norman, M.D., Secretary of the Kansas Department of Health and Environment and State Health Officer, Kansas (Sector regulator)

Dates
In force from June 18, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
IC infection control, screening and testing; HR staffing (restriction of symptomatic staff); RS residential care; VS entry screening of vendors and visitors; staffing agencies, therapists, vendors entering facilities
Grade
Primary source read
Days in this quarter
13 (in force on the last day)

K.S.A. 65-128 also authorizes the Secretary of the KDHE to issue orders as may be medically necessary and reasonable to prevent the spread and dissemination of diseases injurious to the public health.... Therefore, pursuant to the authority vesting in me pursuant to K.S.A. 65-101 and 65-128,... I hereby direct and order the testing for COVID-19 in adult care homes under the following requirements:... 4. Regardless of the frequency of testing being performed or the adult care home's COVID-19 status, the facility must continue to screen all staff (each shift), each resident (daily), and all persons entering the facility, such as vendors, volunteers, and visitors, for signs and symptoms of COVID-19.... 5. Staff, vaccinated or unvaccinated, with symptoms or signs of COVID-19 must be tested and are required to be restricted from the adult care home pending the results of COVID-19 testing....…

Enforcement: K.S.A. 65-101, 65-128; KDADS licensing; K.S.A. 65-129 penalties.

Citation: Lee A. Norman, M.D., Secretary of the Kansas Department of Health and Environment and State Health Officer, KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care Homes (June 18, 2021) (Ex. KS-052) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. KS-060Kansas Supreme Court (Chief Justice Marla Luckert), Administrative Order 2020-PR-016 (Mar. 18, 2020) (Ex. KS-060)In force from Mar. 18, 2020 to Sept. 30, 2021Gathering capCourts and public offices
Ex. KS-070Kansas Supreme Court, Administrative Order 2020-PR-123 (Dec. 1, 2020) (Ex. KS-070)In force from Dec. 1, 2020 to May 24, 2021Gathering capCourts and public officesWorkplace rules
Ex. KS-001Governor Laura Kelly, State of Disaster Emergency Proclamation (Mar. 12, 2020) (Ex. KS-001)In force from Mar. 12, 2020 to June 30, 2021Emergency declaration
Ex. KS-003Kansas Legislature, House Substitute for Senate Bill No. 102 (Mar. 19, 2020) (Ex. KS-003)In force from Mar. 19, 2020 to June 9, 2020Courts and public offices
Ex. KS-013Governor Laura Kelly, Executive Order 20-20 (Apr. 9, 2020) (Ex. KS-013)In force from Apr. 9, 2020 to June 30, 2021Courts and public officesOther
Ex. KS-017Governor Laura Kelly, Executive Order 20-27 (Apr. 22, 2020) (Ex. KS-017)In force from Apr. 22, 2020 to June 30, 2021Alcohol and bars
Ex. KS-062Chief Justice Marla Luckert, Administrative Order 2020-PR-047 (May 1, 2020) (Ex. KS-062)In force from May 1, 2020 to Sept. 30, 2021Courts and public offices
Ex. KS-023Governor Laura Kelly, State of Disaster Emergency Proclamation of May 26, 2020 (Ex. KS-023)In force from May 26, 2020 to June 30, 2021Emergency declaration
Ex. KS-024Governor Laura Kelly, Executive Order 20-41 (May 26, 2020) (Ex. KS-024)In force from May 26, 2020 to June 30, 2021Health care orders
Ex. KS-025Governor Laura Kelly, Executive Order 20-42 (May 26, 2020) (Ex. KS-025)In force from May 26, 2020 to Apr. 1, 2021Alcohol and bars
Ex. KS-064Chief Justice Marla Luckert, Administrative Order 2020-PR-058 (May 27, 2020) (Ex. KS-064)In force from May 27, 2020 to Apr. 15, 2021Courts and public offices
Ex. KS-067Kansas Supreme Court, Administrative Order 2020-PR-090 (July 2, 2020) (Ex. KS-067)In force from July 3, 2020 to Aug. 4, 2020 (issued July 2, 2020)Face-covering requirementCourts and public offices
Ex. KS-031Governor Laura Kelly, Executive Order 20-55 (July 8, 2020) (Ex. KS-031)In force from July 8, 2020 to June 30, 2021Courts and public officesOther
Ex. KS-034Governor Laura Kelly, Executive Order 20-61 (Aug. 17, 2020) (Ex. KS-034)In force from Aug. 17, 2020 to June 30, 2021Other
Ex. KS-069Chief Justice Marla Luckert, Administrative Order 2020-PR-101 (Sept. 15, 2020) (Ex. KS-069)In force from Sept. 15, 2020 to Sept. 30, 2021Courts and public offices
Ex. KS-071Kansas Supreme Court, Administrative Order 2020-PR-124 (Dec. 1, 2020) (Ex. KS-071)In force from Dec. 1, 2020 to May 24, 2021Face-covering requirementCourts and public offices
Ex. KS-037Governor Laura Kelly, Kansas EO 20-69 (Dec. 9, 2020) and KDHE Secretary's Order (June 18, 2021) (Ex. KS-037)In force from Dec. 14, 2020 to June 30, 2021 (issued Dec. 9, 2020)Health care ordersWorkplace rulesVaccination or testing
Ex. KS-040Kansas Legislature, Senate Bill 40 (2021) (Mar. 24, 2021) (Ex. KS-040)In force from Mar. 25, 2021 to Sept. 30, 2021 (issued Mar. 24, 2021)Emergency declarationFace-covering requirementSchools and child careOther
Ex. KS-072Chief Justice Marla Luckert, Administrative Order 2021-PR-020 (Mar. 30, 2021) (Ex. KS-072)In force from Apr. 15, 2021 to June 30, 2021 (issued Mar. 30, 2021)Courts and public offices

Agencies, boards and authorities: Kansas

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

End of general restrictions, State of Kansas: State of Disaster Emergency Proclamation of May 26, 2020 (KS-023), replacing the April 30, 2020 declaration on whose life EO 20-34 (Ad Astra Phase 2) depended; 'No gubernatorial executive orders issued under the authority premised on this Proclamation will be used to restrict businesses from operating or to restrict the movement or gathering of individuals.' Confirmed by HB 2016 sec. 33 (K.S.A. 48-925(e), through Sept. 15, 2020) and by Kan. Sup. Ct. AOs 2020-PR-062 and 2020-PR-076 ('a proclamation making the Ad Astra plan guidance only'). (2020-05-26). What remained: KDHE travel-related quarantine mandate (to Nov. 2021); EO 20-07 school-building closure to the end of the 2019-20 year; court emergency and reopening orders and statutory-deadline suspensions (to Apr. 15, 2021 and Aug. 2, 2021); eviction and foreclosure moratoria (EO 20-10 to May 31, 2020; EO 20-61 Aug. 17, 2020 to June 15, 2021 via EO 21-13); statewide mask orders EO 20-52 (July 3, 2020) and EO 20-68 (Nov. 25, 2020) to Mar. 31, 2021, with county opt-outs; EO 20-59 K-12 mitigation (Aug. 10, 2020 to Mar. 31, 2021); adult care home licensure and testing orders (to June 15, 2021) and the KDHE Secretary's testing order (June 18, 2021 onward); licensing, notary, alcohol-to-go and unemployment orders; and the county and city orders of Sedgwick, Wichita, Shawnee, Douglas, Johnson and Wyandotte.

Preemption of local orders, State of Kansas: Three phases. (1) March 24-May 3, 2020, state preemption: EO 20-14 para. 4 'supersedes any less restrictive order by any local health department' (more restrictive local orders unaffected); EO 20-15 para. 1 'supersedes and overrides the provisions of any local stay home or similar order that fails to exempt the [KEFF] essential functions'; EO 20-16 para. 5 'While this order is in effect it supersedes all local stay home or similar orders... no local jurisdiction shall issue or enforce any more or less restrictive stay home or similar orders. Local authorities retain any authority to issue or enforce isolation or quarantine orders.' (2) May 4-26, 2020: EO 20-29 paras. 7 and 9 allowed more restrictive local orders but required them to allow KEFF functions; from May 26, 2020 the State set no binding baseline and counties acted under K.S.A. 65-119 and 65-202. (3) June 9, 2020 onward: HB 2016 sec. 33 (K.S.A. 48-925(h)) let any board of county commissioners, after consulting the local health officer, issue an order 'less stringent than the provisions of an executive order effective statewide,' which 'shall operate in the county in lieu of the governor's executive order'; EO 20-52 para. 6 and EO 20-68 paras. 1 and 7 preserved local authority to be 'equally or more restrictive.' SB 40 (Mar. 25, 2021) revoked all COVID-19 EOs on Mar. 31, 2021, subjected new gubernatorial and KDHE orders to revocation by the Legislature or the Legislative Coordinating Council, gave school boards exclusive control of school COVID-19 rules with expedited judicial review, and required local health officer orders to be approved by the board of county commissioners (K.S.A. 65-201 as amended). Kansas therefore never barred local orders; it barred less stringent county orders only until June 9, 2020 and thereafter made counties the primary regulators.

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 Kansas

Ex. KS-096
Kansas State University temporary face mask requirement on all campuses (COVID-19 page as archived Aug. 25, 2021)

K-State is in phaseout of the university's reopening plan; the university has a temporary face mask requirement on all campuses

Kansas State University (President Richard Myers), Kansas (Kansas State University, a state educational institution under the Kansas Board of Regents) (State)

Dates
In force from Aug. 25, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Gathering capFace-covering requirement
Functions reached
MK campus events and recruiting; EV vendors and contractors on campus; WF employees
Grade
Primary source read
Days in this quarter
37 (in force on the last day)

K-State is in phaseout of the university's reopening plan. The university has a temporary face mask requirement on all campuses.

Enforcement: University policy binding on students, employees, vendors and visitors.

Citation: Kansas State University (President Richard Myers), Kansas State University temporary face mask requirement on all campuses (COVID-19 page as archived Aug. 25, 2021) (Ex. KS-096) Open the exhibit

Ex. KS-074
Administrative Order 2021-PR-100

Order Lifting Suspension of Additional Statutory Deadlines and Time Limitations on August 2, 2021

Chief Justice Marla Luckert, Kansas (Court)

Dates
In force from Aug. 2, 2021 to Sept. 30, 2021 (issued July 1, 2021)
Quarters
2021 Q3
Limitations
Courts and public offices
Functions reached
CT courts; CL limited-actions (K.S.A. 61-3002(b)) collection deadlines
Grade
Primary source read
Days in this quarter
60 (in force on the last day)

Through Administrative Order 2021-PR-020, most statutory deadlines and time limitations (including statutes of limitation and statutory time standards) suspended by my administrative orders resumed on April 15, 2021.... I order the following: 1. On August 2, 2021, the following deadlines and time limitations (including statutes of limitation and statutory time standards) suspended under my prior administrative orders resume: K.S.A. 22-4303, and amendments thereto; K.S.A. 60-1501, and amendments thereto; K.S.A. 60-1507, and amendments thereto; and K.S.A. 61-3002(b), and amendments thereto.... 4. This administrative order does not impact suspensions under K.S.A. 22-3402... Dated this 1st day of July 2021. This order is effective August 2, 2021.

Enforcement: K.S.A. 20-172(d).

Citation: Chief Justice Marla Luckert, Administrative Order 2021-PR-100 (July 1, 2021) (Ex. KS-074) Open the exhibit

Ex. KS-095
Emergency Order of Local Health Officer and Douglas County Commission (Aug. 18, 2021)

Mask order for youth ages 2 to 11 in indoor public spaces, health-care settings and transportation (Delta variant)

Douglas County Local Health Officer (Thomas Marcellino, M.D.) and the Board of County Commissioners of Douglas County, Douglas County, Kansas (Lawrence) (County)

Dates
In force from Aug. 19, 2021 to Sept. 22, 2021 (issued Aug. 18, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careQuarantine and isolation
Functions reached
CB child customers (retail, restaurants, entertainment, child care); IN in-person instruction and school transport; AM family entertainment; WF
Grade
Primary source read
Days in this quarter
35

6. The highly transmissible Delta variant of COVID-19 is now the dominant strain in Douglas County, resulting in a rapid increase in new cases and numerous outbreaks.... 10. Pursuant to K.S.A. 65-201(b)(2), this Order has been presented to the County Commission and became effective when approved by the Commission on August 18, 2021. NOW, THEREFORE, BE IT ORDERED by the Local Health Officer and the Douglas County Commission, pursuant to the above authorities, that: 1. Mask Order for Youth ages 2 to 11: Any person in Douglas County the age of 2 to 11... shall cover their mouth and nose with a mask or other face covering when they are in the following situations: Inside, or in line to enter, any indoor public space; Obtaining services from the healthcare sector...; Waiting for or riding on public transportation or while in a taxi, private car service, school bus, or ride-sharing vehicle;...…

Enforcement: K.S.A. 65-129; approved by the Board of County Commissioners (Shannon Portillo, Chair; Patrick Kelly; Shannon Reid).

Citation: Douglas County Local Health Officer (Thomas Marcellino, M.D.) and the Board of County Commissioners of Douglas County, Emergency Order of Local Health Officer and Douglas County Commission (Aug. 18, 2021) (Ex. KS-095) Open the exhibit

Ex. KS-057
KDHE travel and exposure quarantine mandate page (as of Oct. 1, 2021; list updated Sept. 23, 2021)

Travel-related quarantine mandate in force in Q3 2021: unvaccinated travelers from French Polynesia, Guadeloupe (Aug. 27-Sept. 23), Grenada (Sept. 23 onward); gatherings of 500 or more; cruises

Kansas Department of Health and Environment, Kansas (Sector regulator)

Dates
In force from Sept. 23, 2021 to Nov. 18, 2021
Quarters
2021 Q3
Limitations
Travel and quarantineQuarantine and isolation
Functions reached
TR travel; MK events of 500+; WF workforce quarantine (unvaccinated employees and close contacts); CB customers
Grade
Primary source read
Days in this quarter
8 (in force on the last day)

Those who are unvaccinated and have traveled to the following locations need to quarantine upon arrival in Kansas. This applies to both residents and visitors: Traveled between Aug. 27 and Sept. 23 to French Polynesia or Guadeloupe. Traveled on or after Sept. 23 to Grenada. Attendance at any gathering of 500 or more where individuals do not socially distance (6 feet) and wear a mask. Been on a cruise ship or river cruise on or after March 15, 2020. Others needing to continue quarantining: Received notification from public health officials (state or local) that you are a close contact of a lab[-confirmed case]... The travel list will be updated/reviewed in approximately two weeks.... States with significantly higher rates -- approximately 3x higher -- are added to the list.

Enforcement: K.S.A. 65-129.

Citation: Kansas Department of Health and Environment, KDHE travel and exposure quarantine mandate page (as of Oct. 1, 2021; list updated Sept. 23, 2021) (Ex. KS-057) Open the exhibit

Continuing in force from an earlier quarter of this report (10 instruments):

ExhibitCitationDatesLimitations
Ex. KS-060Kansas Supreme Court (Chief Justice Marla Luckert), Administrative Order 2020-PR-016 (Mar. 18, 2020) (Ex. KS-060)In force from Mar. 18, 2020 to Sept. 30, 2021Gathering capCourts and public offices
Ex. KS-003Kansas Legislature, House Substitute for Senate Bill No. 102 (Mar. 19, 2020) (Ex. KS-003)In force from Mar. 19, 2020 to June 9, 2020Courts and public offices
Ex. KS-062Chief Justice Marla Luckert, Administrative Order 2020-PR-047 (May 1, 2020) (Ex. KS-062)In force from May 1, 2020 to Sept. 30, 2021Courts and public offices
Ex. KS-064Chief Justice Marla Luckert, Administrative Order 2020-PR-058 (May 27, 2020) (Ex. KS-064)In force from May 27, 2020 to Apr. 15, 2021Courts and public offices
Ex. KS-069Chief Justice Marla Luckert, Administrative Order 2020-PR-101 (Sept. 15, 2020) (Ex. KS-069)In force from Sept. 15, 2020 to Sept. 30, 2021Courts and public offices
Ex. KS-040Kansas Legislature, Senate Bill 40 (2021) (Mar. 24, 2021) (Ex. KS-040)In force from Mar. 25, 2021 to Sept. 30, 2021 (issued Mar. 24, 2021)Emergency declarationFace-covering requirementSchools and child careOther
Ex. KS-073Kansas Supreme Court, Administrative Order 2021-PR-048 (May 24, 2021) (Ex. KS-073)In force from June 1, 2021 to Mar. 2, 2022 (issued May 24, 2021)Face-covering requirementCourts and public officesWorkplace rules
Ex. KS-056Kansas Department of Health and Environment, KDHE travel and exposure quarantine mandate page (as of June 10, 2021; list updated June 3, 2021) (Ex. KS-056)In force from June 3, 2021 to Sept. 23, 2021Travel and quarantineQuarantine and isolation
Ex. KS-048Secretary of Administration DeAngela Burns-Wallace (Department of Administration), on the Governor's determination, Memorandum: State Agency Return to In-Person Work Guidance (May 12, 2021) (Ex. KS-048)In force from June 13, 2021 to Sept. 30, 2021 (issued May 12, 2021)Telework mandateFace-covering requirementWorkplace rules
Ex. KS-052Lee A. Norman, M.D., Secretary of the Kansas Department of Health and Environment and State Health Officer, KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care Homes (June 18, 2021) (Ex. KS-052)In force from June 18, 2021 to Sept. 30, 2021Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation

Agencies, boards and authorities: Kansas

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

End of general restrictions, State of Kansas: State of Disaster Emergency Proclamation of May 26, 2020 (KS-023), replacing the April 30, 2020 declaration on whose life EO 20-34 (Ad Astra Phase 2) depended; 'No gubernatorial executive orders issued under the authority premised on this Proclamation will be used to restrict businesses from operating or to restrict the movement or gathering of individuals.' Confirmed by HB 2016 sec. 33 (K.S.A. 48-925(e), through Sept. 15, 2020) and by Kan. Sup. Ct. AOs 2020-PR-062 and 2020-PR-076 ('a proclamation making the Ad Astra plan guidance only'). (2020-05-26). What remained: KDHE travel-related quarantine mandate (to Nov. 2021); EO 20-07 school-building closure to the end of the 2019-20 year; court emergency and reopening orders and statutory-deadline suspensions (to Apr. 15, 2021 and Aug. 2, 2021); eviction and foreclosure moratoria (EO 20-10 to May 31, 2020; EO 20-61 Aug. 17, 2020 to June 15, 2021 via EO 21-13); statewide mask orders EO 20-52 (July 3, 2020) and EO 20-68 (Nov. 25, 2020) to Mar. 31, 2021, with county opt-outs; EO 20-59 K-12 mitigation (Aug. 10, 2020 to Mar. 31, 2021); adult care home licensure and testing orders (to June 15, 2021) and the KDHE Secretary's testing order (June 18, 2021 onward); licensing, notary, alcohol-to-go and unemployment orders; and the county and city orders of Sedgwick, Wichita, Shawnee, Douglas, Johnson and Wyandotte.

Preemption of local orders, State of Kansas: Three phases. (1) March 24-May 3, 2020, state preemption: EO 20-14 para. 4 'supersedes any less restrictive order by any local health department' (more restrictive local orders unaffected); EO 20-15 para. 1 'supersedes and overrides the provisions of any local stay home or similar order that fails to exempt the [KEFF] essential functions'; EO 20-16 para. 5 'While this order is in effect it supersedes all local stay home or similar orders... no local jurisdiction shall issue or enforce any more or less restrictive stay home or similar orders. Local authorities retain any authority to issue or enforce isolation or quarantine orders.' (2) May 4-26, 2020: EO 20-29 paras. 7 and 9 allowed more restrictive local orders but required them to allow KEFF functions; from May 26, 2020 the State set no binding baseline and counties acted under K.S.A. 65-119 and 65-202. (3) June 9, 2020 onward: HB 2016 sec. 33 (K.S.A. 48-925(h)) let any board of county commissioners, after consulting the local health officer, issue an order 'less stringent than the provisions of an executive order effective statewide,' which 'shall operate in the county in lieu of the governor's executive order'; EO 20-52 para. 6 and EO 20-68 paras. 1 and 7 preserved local authority to be 'equally or more restrictive.' SB 40 (Mar. 25, 2021) revoked all COVID-19 EOs on Mar. 31, 2021, subjected new gubernatorial and KDHE orders to revocation by the Legislature or the Legislative Coordinating Council, gave school boards exclusive control of school COVID-19 rules with expedited judicial review, and required local health officer orders to be approved by the board of county commissioners (K.S.A. 65-201 as amended). Kansas therefore never barred local orders; it barred less stringent county orders only until June 9, 2020 and thereafter made counties the primary regulators.

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

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):

  • KS-057 KDHE Travel & Exposure Related Isolation/Quarantine mandate (unvaccinated travelers from listed locations; 500-person gatherings; cruises; close contacts), list updated June 3 and Sept. 23, 2021
  • KS-052 KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care Homes (June 18, 2021; K.S.A. 65-101, 65-128; in force until modified or rescinded)
  • KS-073 Kan. Sup. Ct. AO 2021-PR-048 (court operations from June 1, 2021 to Mar. 2, 2022: minimum standard health protocols, screening, distancing and masks by local conditions, remote hearings)
  • KS-074 Kan. Sup. Ct. AO 2021-PR-100 (July 1, 2021: deadlines of K.S.A. 22-4303, 60-1501, 60-1507, 61-3002(b) suspended until Aug. 2, 2021)
  • Kan. Sup. Ct. AOs 2021-PR-021 and 2021-PR-022 (Mar. 30, 2021; two-way audio-visual proceedings in district, appellate and municipal courts; not tied to the emergency) (not saved as exhibits; cited by number)
  • KS-095 Douglas County Emergency Order of Local Health Officer and County Commission (Aug. 18, 2021): masks for ages 2-11 in indoor public spaces, health-care settings and transportation, Aug. 19-Sept. 22, 2021
  • KS-096 Kansas State University temporary face mask requirement on all campuses (Aug. 2021)
  • School-district masking rules for 2021-22 under SB 40 sec. 1 (Wichita USD 259, Topeka USD 501, Lawrence USD 497; Johnson County and Kansas City districts via MET-KC) (verified_secondary; no exhibit)
  • Johnson County and Wyandotte County instruments (MET-KC)
  • Federal layer in Kansas: CDC conveyance mask order (86 Fed. Reg. 8025), TSA security directives, OSHA Healthcare ETS 29 C.F.R. 1910.502 (from June 21, 2021), CMS QSO memoranda (FED-A/FED-B)

5. Standing duties in Kansas

Kansas law made the pandemic protocols compulsory through five layers, each in force on every day of the six quarters. First, the communicable-disease statutes of chapter 65, article 1: the Secretary of Health and Environment 'shall exercise general supervision of the health of the people of the state' and may 'take action to prevent the introduction of infectious or contagious disease into this state and to prevent the spread of infectious or contagious disease within this state' (K.S.A. 65-101(a)(5), text through 2021 shown in KS-040 § 11 and DUT-KS-001 § 1); every county board of health and local health officer 'shall immediately exercise and maintain a supervision over' every case and see that the provisions on 'isolation, restriction of communication, quarantine and disinfection are duly enforced,' and was 'empowered and authorized to prohibit public gatherings when necessary for the control of any and all infectious or contagious disease' (K.S.A. 65-119(a), period text in DUT-KS-001 § 2, current text DUT-KS-002); the local health officer 'shall use all known measures to prevent the spread of any such infectious, contagious or communicable disease' (K.S.A. 65-202, DUT-KS-010); the Secretary 'is authorized to issue such orders and adopt rules and regulations as may be medically necessary and reasonable to prevent the spread and dissemination of diseases,' including 'the isolation and quarantine of persons afflicted with or exposed to such diseases' (K.S.A. 65-128(b), DUT-KS-005), 'may quarantine any area' when a local officer neglects to act (K.S.A. 65-126, DUT-KS-003), and, with every local health officer, 'may order an individual or group of individuals to go to and remain in places of isolation or quarantine' and may order any sheriff or law enforcement officer 'to assist in the execution or enforcement of any order' (K.S.A. 65-129b(a)(1)(B), (a)(2), period text, DUT-KS-007, DUT-KS-001 § 3, DUT-KS-017 at 9-10). Disobedience is an offense: a class C misdemeanor for any person 'violating, refusing or neglecting to obey' the Secretary's rules or who 'evades or breaks quarantine' (K.S.A. 65-129, DUT-KS-006), and a fine of $25 to $100 for each offense against K.S.A. 65-118, 65-119, 65-122, 65-123 or 65-126 (K.S.A. 65-127, DUT-KS-004). The KDHE travel and exposure quarantine mandate (KS-053 to KS-057), in force through every quarter to November 2021, rested on these sections. Second, the Kansas Emergency Management Act: the Governor's orders 'shall have the force and effect of law' (K.S.A. 2019 Supp. 48-925(b), quoted by the Supreme Court in Kelly v. Legislative Coordinating Council, DUT-KS-020 at 4), and every 'knowing and willful violation' of 'any lawful order or proclamation' issued under the Act was a class A misdemeanor, punishable by up to one year in the county jail and a $2,500 fine, from March 12 to June 8, 2020 (K.S.A. 48-939, DUT-KS-011; DUT-KS-018 n.5); from June 9, 2020, HB 2016 § 36 converted the sanction to a civil penalty of up to $2,500 per violation, enforced by the Attorney General or the county or district attorney with injunctive relief (KS-027 § 36; DUT-KS-019 at 1-2); SB 40 § 9 kept the civil penalty and restored the class A misdemeanor for curfew and area-entry orders from March 25, 2021 (KS-040 § 9). Third, the workplace-safety duty: the Secretary of Labor inspects 'any factory or mill, workshop, private works, public works or state agency or mercantile establishment, laundry or other business location where labor is or is intended to be performed,' examines 'the methods of protection from danger to employees and the sanitary conditions,' and orders 'changes in methods of operation or the taking of any other measures the secretary may deem appropriate and necessary for the safety and protection of the employees,' with a misdemeanor fine for each day of willful violation (K.S.A. 44-636(a), (g), DUT-KS-013); Kansas is a federal-OSHA State for private employers, so 29 U.S.C. 654(a)(1) and OSHA's COVID-19 enforcement instruments (FED-088, FED-089, FED-082, FED-083, FED-080, AGY-FED-LABOR-IMMIGRATION-031) supplied the content of the safe-workplace duty; and no Kansas employer could discharge an employee 'solely because the employee or an immediate family member of the employee is under an order of isolation or quarantine' (K.S.A. 65-129d, DUT-KS-008). Fourth, the liability shield: the COVID-19 Response and Reopening for Business Liability Protection Act (HB 2016 §§ 8-15, June 9, 2020, KS-027; K.S.A. 60-5504, DUT-KS-015; extended to March 31, 2022 by SB 283 § 5, DUT-KS-016) immunized a business from a COVID-19 claim only 'if such person was acting pursuant to and in substantial compliance with public health directives applicable to the activity,' and defined 'public health directives' as what 'is required by law to be followed related to public health and COVID-19,' naming State statutes, rules and executive orders, 'federal statutes or regulations from federal agencies, including the United States centers for disease control and prevention and the occupational safety and health administration,' and every lawful county, city and local-health-officer order under the Act (K.S.A. 60-5502(j), DUT-KS-014). Fifth, the orders themselves let a business operate only on conditions: under EO 20-16 every essential function 'must... use telework capabilities to avoid meeting in person' and on-site work 'must... follow appropriate safety protocols, including maintaining a six-foot distance between individuals and following other directives regarding social distancing, hygiene, and other efforts to slow the spread of COVID-19' (KS-009, KS-010 ¶ 9(c)); under the Ad Astra orders businesses 'can open if they comply with the following: i. Maintain at least 6 feet of distance between customers or groups of customers;... ii. Follow fundamental cleaning and public health practices detailed on covid.ks.gov; and iii. Avoid any instances in which groups of more than 10 individuals are in one location' (EO 20-29 ¶ 5(a), KS-019; EO 20-34 ¶ 5(a) with fifteen, KS-022), while industry-specific guidelines were what businesses 'should follow' and additional best practices were 'strongly encouraged' (¶ 5(b), recorded as recommendations); under EO 20-52 and EO 20-68 'all businesses or organizations in Kansas must require all employees, customers, visitors, members, or members of the public to wear a mask or other face covering' in the enumerated settings (KS-030 ¶ 2; KS-075 ¶ 2). The Attorney General told every prosecutor and law enforcement officer in the State on March 24, 2020 that these orders carried criminal penalties and that officers 'have the same duty and authority to enforce these misdemeanors as to enforce any other misdemeanor' (DUT-KS-017 at 8), on April 8, 2020 that 'while compliance previously was voluntary,' the Governor's exercise of K.S.A. 48-925(c) made violation 'punishable by imprisonment and/or a fine' (DUT-KS-018 at 2), and on July 2, 2020 that HB 2016 made violation of the mask order 'a civil violation and not a crime' enforceable by penalty or injunction (DUT-KS-019 at 1-2).

The phase question

Whether the pandemic measures Kansas employers took beyond the closure, gathering and capacity terms of the Governor's executive orders were 'voluntary' (Notice 2021-20 Q&A-14) or were compelled by standing legal duties and by the conditions the orders themselves attached to operating.

The State's standing duties

Ex. DUT-KS-001

Substitute for Senate Bill No. 29 (2025), enrolled bill amending K.S.A. 65-101, 65-119 and 65-129b (the struck text is the statute as it stood throughout 2020-2021)

AN ACT concerning public health; removing the authorization for a county or joint board of health or local health officer to prohibit public gatherings when necessary for the control of infectious or contagious diseases; amending K.S.A. 65-119 and 65-129b and K.S.A. 2024 Supp. 65-101 and repealing the existing sections

Kansas Legislature (enrolled Substitute for Senate Bill No. 29, 2025 Session; L. 2025, ch. 115), Kansas (State)

Dates
Standing (prior text (shown struck) in force throughout 2020-2021; amended text effective July 1, 2025)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Gathering capQuarantine and isolationStanding duty
Character
statutory authority
Grade
Confirmed from a secondary source

The county or joint board of health or local health officer is hereby empowered and authorized to prohibit public gatherings when necessary for the control of any and all infectious or contagious disease. [K.S.A. 65-119(a), period text, shown struck by § 2 and replaced with 'may recommend against']

Enforcement: K.S.A. 65-127 ($25 to $100 for each offense against 65-119) (DUT-KS-004); K.S.A. 65-129 (class C misdemeanor for breaking quarantine or disobeying the Secretary's rules) (DUT-KS-006)

Citation: Kansas Legislature (enrolled Substitute for Senate Bill No. 29, 2025 Session; L. 2025, ch. 115), Substitute for Senate Bill No. 29 (2025), enrolled bill amending K.S.A. 65-101, 65-119 and 65-129b (the struck text is the statute as it stood throughout 2020-2021) (standing) (Ex. DUT-KS-001) Open the exhibit

Ex. DUT-KS-002

K.S.A. 65-119, Duties of local boards of health and local health officers; contagious diseases (current text, as amended L. 2025, ch. 115, § 2)

65-119. Duties of local boards of health and health officers; contagious diseases; confidentiality of information; disclosure, when

Kansas Legislature (K.S.A., Revisor of Statutes), Kansas (State)

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

Any county or joint board of health or local health officer having knowledge of any infectious or contagious disease... shall immediately exercise and maintain a supervision over such case or cases during their continuance, seeing that all such cases are properly cared for and that the provisions of this act pertaining to... are duly enforced.

Enforcement: K.S.A. 65-127: $25 to $100 for each offense of violating or failing to comply with any requirement of 65-119 (DUT-KS-004)

Citation: Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-119, Duties of local boards of health and local health officers; contagious diseases (current text, as amended L. 2025, ch. 115, § 2) (standing) (Ex. DUT-KS-002) Open the exhibit

Ex. DUT-KS-003

K.S.A. 65-126, Quarantine of area by secretary when local authorities neglect to act

65-126. Quarantine of areas by secretary, when

Kansas Legislature (K.S.A., Revisor of Statutes), Kansas (State)

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

Whenever the county or joint board of health or the local health officer neglects to properly isolate and quarantine infectious or contagious diseases and persons afflicted with or exposed to such diseases as may be necessary to prevent the spread thereof, the secretary of health and environment may quarantine any area in which any of these diseases may show a tendency to become epidemic.

Enforcement: K.S.A. 65-127: $25 to $100 for each offense (DUT-KS-004); K.S.A. 65-129: class C misdemeanor for evading or breaking quarantine (DUT-KS-006)

Citation: Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-126, Quarantine of area by secretary when local authorities neglect to act (standing) (Ex. DUT-KS-003) Open the exhibit

Ex. DUT-KS-004

K.S.A. 65-127, Penalty for violation of K.S.A. 65-118, 65-119, 65-122, 65-123 and 65-126

65-127. Penalties for violations

Kansas Legislature (K.S.A., Revisor of Statutes), Kansas (State)

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

Any person found guilty of violating any of the provisions of K.S.A. 65-118, 65-119, 65-122, 65-123 and 65-126, and any amendments thereto, or failing to comply with any requirements thereof shall be fined, upon conviction, not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for each offense.

Enforcement: fine of $25 to $100 for each offense

Citation: Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-127, Penalty for violation of K.S.A. 65-118, 65-119, 65-122, 65-123 and 65-126 (standing) (Ex. DUT-KS-004) Open the exhibit

Ex. DUT-KS-005

K.S.A. 65-128, Rules and regulations and orders of the secretary to prevent the spread of disease; testing, isolation and quarantine

65-128. Rules and regulations of secretary to prevent spread and dissemination of diseases; testing and quarantine; protection of providers and recipients of services

Kansas Legislature (K.S.A., Revisor of Statutes), Kansas (State)

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

The secretary of health and environment is authorized to issue such orders and adopt rules and regulations as may be medically necessary and reasonable to prevent the spread and dissemination of diseases injurious to the public health, including... providing for the testing for such diseases and the isolation and quarantine of persons afflicted with or exposed to such diseases.

Enforcement: K.S.A. 65-129: class C misdemeanor for violating, refusing or neglecting to obey the Secretary's rules or for evading or breaking quarantine (DUT-KS-006)

Citation: Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-128, Rules and regulations and orders of the secretary to prevent the spread of disease; testing, isolation and quarantine (standing) (Ex. DUT-KS-005) Open the exhibit

Ex. DUT-KS-006

K.S.A. 65-129, Penalty for disobeying the secretary's rules and regulations or breaking quarantine

65-129. Penalties for violations

Kansas Legislature (K.S.A., Revisor of Statutes), Kansas (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Quarantine and isolationStanding dutyOther
Character
order penalty
Grade
Primary source read

Any person violating, refusing or neglecting to obey any of the rules and regulations adopted by the secretary of health and environment for the prevention, suppression and control of infectious or contagious diseases,... or who evades or breaks quarantine or knowingly conceals a case of infectious or contagious disease shall be guilty of a class C misdemeanor.

Enforcement: class C misdemeanor (Kansas: confinement up to one month, K.S.A. 21-6602(a)(3), and a fine up to $500, K.S.A. 21-6611(b)(3); the sentencing sections are stated from the Code and not separately exhibited); violation of K.S.A. 65-129d is punished under this section

Citation: Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-129, Penalty for disobeying the secretary's rules and regulations or breaking quarantine (standing) (Ex. DUT-KS-006) Open the exhibit

Ex. DUT-KS-008

K.S.A. 65-129d, Discharge of employee under order of isolation or quarantine prohibited

65-129d. Same; unlawful to discharge employee under isolation or quarantine order; penalty

Kansas Legislature (K.S.A., Revisor of Statutes), Kansas (State)

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

It shall be unlawful for any public or private employer to discharge an employee solely because the employee or an immediate family member of the employee is under an order of isolation or quarantine. The violation of this section is punishable as a violation of K.S.A. 65-129, and amendments thereto.

Enforcement: class C misdemeanor (K.S.A. 65-129) (DUT-KS-006)

Citation: Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-129d, Discharge of employee under order of isolation or quarantine prohibited (standing) (Ex. DUT-KS-008) Open the exhibit

Ex. DUT-KS-009

K.S.A. 65-201, County boards of health; local health officers; review, amendment or revocation of local health officer orders; approval by board of county commissioners; civil action (text from March 25, 2021)

65-201. County, city-county and multicounty units; local health officers; appointment, tenure, removal; laws applicable; review, amendment or revocation of local health officer orders; limitation on certain orders; approval by board of county commissioners required; civil action for relief from orders

Kansas Legislature (K.S.A., Revisor of Statutes), Kansas (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Stay-at-homeBusiness closureGathering capFace-covering requirementEvents and venuesStanding duty
Character
statutory authority
Grade
Primary source read

(2) If a local health officer determines it is necessary to issue an order mandating the wearing of face masks, limiting the size of gatherings of individuals, curtailing the operation of business, controlling the movement of the population of the county or limiting religious gatherings, the local health officer shall propose such an order to the board of county commissioners.

Enforcement: orders under 65-119 and 65-202 enforced through K.S.A. 65-127 and 65-129 (DUT-KS-004, DUT-KS-006); county orders under the emergency management act through K.S.A. 48-939 (DUT-KS-011; KS-027 § 36; KS-040 § 9)

Citation: Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-201, County boards of health; local health officers; review, amendment or revocation of local health officer orders; approval by board of county commissioners; civil action (text from March 25, 2021) (standing) (Ex. DUT-KS-009) Open the exhibit

Ex. DUT-KS-010

K.S.A. 65-202 (2019), Duties of local health officers; investigation of communicable disease; 'all known measures to prevent the spread'

65-202. Oath and bond of local health officers; duties and compensation; inspection of school buildings, county option; employment of additional personnel; removal from office; criminal penalties

Kansas Legislature (K.S.A. 2019 statute page, Kansas Legislature archive li_2020), Kansas (State)

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

Such officer shall make or have made an investigation of each case of... such other acute infectious, contagious or communicable diseases as may be required, and shall use all known measures to prevent the spread of any such infectious, contagious or communicable disease, and shall perform such other duties as this act... or the secretary of health and environment may require.

Enforcement: removal from office and a fine of $10 to $100 for the officer who fails to perform; orders enforced through K.S.A. 65-127 and 65-129 (DUT-KS-004, DUT-KS-006)

Citation: Kansas Legislature (K.S.A. 2019 statute page, Kansas Legislature archive li_2020), K.S.A. 65-202 (2019), Duties of local health officers; investigation of communicable disease; 'all known measures to prevent the spread' (standing) (Ex. DUT-KS-010) Open the exhibit

Ex. DUT-KS-011

K.S.A. 48-939 (2019), Penalty for violation of the act or of orders or proclamations thereunder (text in force March 12 to June 8, 2020)

48-939. Penalty for violation of act or rules and regulations, orders or proclamations thereunder

Kansas Legislature (K.S.A. 2019 statute page, Kansas Legislature archive li_2020), Kansas (State)

Dates
Standing (this text: March 12 to June 8, 2020; successor texts in KS-027 § 36 (June 9, 2020 to March 24, 2021) and KS-040 § 9 (from March 25, 2021))
Quarters
2020 Q2
Limitations
Standing dutyOther
Character
order penalty
Grade
Primary source read

The knowing and willful violation of any provision of this act... or any lawful order or proclamation issued under authority of this act whether pursuant to a proclamation declaring a state of disaster emergency under K.S.A. 48-924 or a declaration of a state of local disaster emergency under K.S.A. 48-932, shall constitute a class A misdemeanor

Enforcement: class A misdemeanor (to June 8, 2020); civil penalty up to $2,500 per violation plus injunction (from June 9, 2020); class A nonperson misdemeanor for curfew and area-entry orders (from March 25, 2021)

Citation: Kansas Legislature (K.S.A. 2019 statute page, Kansas Legislature archive li_2020), K.S.A. 48-939 (2019), Penalty for violation of the act or of orders or proclamations thereunder (text in force March 12 to June 8, 2020) (standing) (Ex. DUT-KS-011) Open the exhibit

Ex. DUT-KS-012

K.S.A. 65-159, Nuisances, sources of filth and causes of sickness; examination; orders to owner or occupant; penalty

65-159. Nuisances; power of secretary and county boards to abate; penalties

Kansas Legislature (K.S.A., Revisor of Statutes), Kansas (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOperating conditionOther
Character
sanitary code duty
Grade
Primary source read

The secretary of health and environment and the county or joint boards of health shall have the power and authority to examine into all nuisances, sources of filth and causes of sickness... [and] to order, in writing, the owner or occupant thereof at his or her own expense to remove the nuisance, source of filth or cause of sickness within twenty-four (24) hours

Enforcement: fine of $10 to $100 upon conviction, 'and each day's continuance... after the owner or occupant thereof shall have been notified... shall be a separate offense'

Citation: Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-159, Nuisances, sources of filth and causes of sickness; examination; orders to owner or occupant; penalty (standing) (Ex. DUT-KS-012) Open the exhibit

Ex. DUT-KS-013

K.S.A. 44-636, Places of business; inspection; safety and protection of employees; sanitary conditions; orders; penalty

44-636. Places of business; inspection; safety and protection of employees; orders; notice and hearing; penalty

Kansas Legislature (K.S.A., Revisor of Statutes), Kansas (State)

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

If it shall be found upon such investigation that the heating, lighting, ventilation, occupant capacity or sanitary arrangement of any such establishment or place is such as to be injurious to the health of persons employed... the secretary... shall notify in writing the owner... [with] an order that requires... changes in methods of operation or the taking of any other measures

Enforcement: (g) willful violation of the section or of any lawful order under it is a misdemeanor with a fine of $25 to $100, 'each day that such violation exists shall constitute a separate offense'; (h) injunctive relief through the attorney general

Citation: Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 44-636, Places of business; inspection; safety and protection of employees; sanitary conditions; orders; penalty (standing) (Ex. DUT-KS-013) Open the exhibit

Ex. DUT-KS-014

K.S.A. 60-5502, Definitions, including (j) 'public health directives'

60-5502. Definitions

Kansas Legislature (K.S.A., Revisor of Statutes), Kansas (State)

Dates
Standing (June 9, 2020 (retroactive application of the Act to causes of action accruing on or after March 12, 2020, HB 2016 § 15))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding dutyOperating condition
Character
liability shield condition
Grade
Primary source read

"Public health directives" means any of the following that is required by law to be followed related to public health and COVID-19: (1) State statutes, rules and regulations or executive orders...; (2) federal statutes or regulations from federal agencies, including the United States centers for disease control and prevention and the occupational safety and health administration

Enforcement: loss of immunity from civil liability for COVID-19 claims (K.S.A. 60-5504, DUT-KS-015)

Citation: Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 60-5502, Definitions, including (j) 'public health directives' (standing) (Ex. DUT-KS-014) Open the exhibit

Ex. DUT-KS-015

K.S.A. 2021 Supp. 60-5504, Immunity for persons conducting business in this state; COVID-19 claims; expiration

60-5504. Immunity for persons or agents thereof conducting business in this state; COVID-19 claims; expiration of section

Kansas Legislature (K.S.A. 2021 Supp. statute page, Kansas Legislature archive li_2022), Kansas (State)

Dates
Standing (June 9, 2020, applying retroactively to causes of action accruing on or after March 12, 2020 (HB 2016 § 15(a)))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding dutyOperating condition
Character
liability shield condition
Grade
Primary source read

(a) Notwithstanding any other provision of law, a person, or an agent of such person, conducting business in this state shall be immune from liability in a civil action for a COVID-19 claim if such person was acting pursuant to and in substantial compliance with public health directives applicable to the activity giving rise to the cause of action when the cause of action accrued.

Enforcement: loss of immunity; exposure to civil liability for COVID-19 claims

Citation: Kansas Legislature (K.S.A. 2021 Supp. statute page, Kansas Legislature archive li_2022), K.S.A. 2021 Supp. 60-5504, Immunity for persons conducting business in this state; COVID-19 claims; expiration (June 9, 2020) (Ex. DUT-KS-015) Open the exhibit

Ex. DUT-KS-016

Senate Bill No. 283 (2021), § 5, extending K.S.A. 60-5504 business immunity for COVID-19 claims to March 31, 2022

AN ACT continuing the governmental response to the COVID-19 pandemic in Kansas by extending the expanded use of telemedicine, the authority of the board of healing arts to grant certain temporary emergency licenses, the suspension of certain requirements related to medical care facilities and immunity from civil liability for certain healthcare providers and certain persons conducting business in this state for COVID-19 claims until March 31, 2022

Kansas Legislature (enrolled Senate Bill No. 283, 2021 Regular Session; L. 2021, ch. 14), Kansas (State)

Dates
Standing (2021-04-01)
Quarters
2021 Q22021 Q3
Limitations
Workplace rulesStanding dutyOperating condition
Character
liability shield condition
Grade
Primary source read

Sec. 5. K.S.A. 2020 Supp. 60-5504... is hereby amended to read as follows: 60-5504. (a)... shall be immune from liability in a civil action for a COVID-19 claim if such person was acting pursuant to and in substantial compliance with public health directives applicable to the activity... (b) The provisions of this section shall expire on March 31, 2022.

Enforcement: loss of immunity

Citation: Kansas Legislature (enrolled Senate Bill No. 283, 2021 Regular Session; L. 2021, ch. 14), Senate Bill No. 283 (2021), § 5, extending K.S.A. 60-5504 business immunity for COVID-19 claims to March 31, 2022 (Apr. 1, 2021) (Ex. DUT-KS-016) Open the exhibit

Ex. DUT-KS-017

Memorandum to Kansas Prosecutors and Law Enforcement, 'State and local law enforcement duties and authorities under emergency powers invoked in connection with COVID-19 response' (March 24, 2020)

State and local law enforcement duties and authorities under emergency powers invoked in connection with COVID-19 response

Attorney General Derek Schmidt (Office of the Kansas Attorney General), Kansas (State)

Dates
Standing (2020-03-24 (supplemented by Addenda 1 to 3, April 8, May 28 and July 2, 2020))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Stay-at-homeGathering capQuarantine and isolationStanding dutyOther
Character
agency position statement
Grade
Primary source read

First, any "knowing and willful" violation of any "lawful order or proclamation" (emphasis added) of the governor issued pursuant to K.S.A. 48-925 is a class A misdemeanor. K.S.A. 48-939. Law enforcement officers have the same duty and authority to enforce these misdemeanors as to enforce any other misdemeanor.

Enforcement: class A misdemeanor (K.S.A. 48-939, 2019 text); class C misdemeanor (K.S.A. 65-129)

Citation: Attorney General Derek Schmidt (Office of the Kansas Attorney General), Memorandum to Kansas Prosecutors and Law Enforcement, 'State and local law enforcement duties and authorities under emergency powers invoked in connection with COVID-19 response' (March 24, 2020) (Mar. 24, 2020) (Ex. DUT-KS-017) Open the exhibit

Ex. DUT-KS-018

Addendum 1 to the March 24, 2020 memorandum, regarding restrictions on religious facilities, services or activities set forth in EO 20-18 (April 8, 2020)

Addendum 1 to March 24, 2020, law enforcement duties and authorities memorandum regarding restrictions on religious facilities, services or activities set forth in EO 20-18

Attorney General Derek Schmidt (Office of the Kansas Attorney General), Kansas (State)

Dates
Standing (2020-04-08)
Quarters
2020 Q2
Limitations
Gathering capEvents and venuesStanding dutyOther
Character
agency position statement
Grade
Primary source read

While compliance previously was voluntary, by virtue of the exercise of the governor's emergency powers under K.S.A. 48-925(c) EO 20-18 on its face makes violation of these new limitations on certain religious gatherings that exceed 10 persons punishable by imprisonment and/or a fine. See K.S.A. 2019 Supp. 48-939.

Enforcement: class A misdemeanor: up to one year in the county jail and/or a $2,500 fine (K.S.A. 48-939, 2019 text)

Citation: Attorney General Derek Schmidt (Office of the Kansas Attorney General), Addendum 1 to the March 24, 2020 memorandum, regarding restrictions on religious facilities, services or activities set forth in EO 20-18 (April 8, 2020) (Apr. 8, 2020) (Ex. DUT-KS-018) Open the exhibit

Ex. DUT-KS-019

Addendum 3 to the March 24, 2020 memorandum, regarding enforcement of orders issued pursuant to the Kansas Emergency Management Act after enactment of HB 2016, and Executive Order 20-52 (the Mask Order) (July 2, 2020)

Addendum 3 to March 24, 2020, state and local law enforcement duties and authorities memorandum regarding enforcement of orders issued pursuant to the Kansas Emergency Management Act after enactment of 2020 Special Session House Bill 2016 (HB 2016)

Attorney General Derek Schmidt (Office of the Kansas Attorney General), Kansas (State)

Dates
Standing (2020-07-02)
Quarters
2020 Q32020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rulesStanding dutyOther
Character
agency interpretation
Grade
Primary source read

Section 36 of House Bill 2016 repealed the criminal penalties found in K.S.A. 48-939 that previously attached to violations of an emergency order and replaced them with civil penalties or injunctive relief that may be ordered by a court in a lawsuit filed by the county or district attorney. Thus, violation of the Mask Order is now a civil violation and not a crime

Enforcement: civil penalty up to $2,500 per violation; injunction or restraining order (K.S.A. 48-939 as amended by HB 2016 § 36, KS-027)

Citation: Attorney General Derek Schmidt (Office of the Kansas Attorney General), Addendum 3 to the March 24, 2020 memorandum, regarding enforcement of orders issued pursuant to the Kansas Emergency Management Act after enactment of HB 2016, and Executive Order 20-52 (the Mask Order) (July 2, 2020) (Ex. DUT-KS-019) Open the exhibit

Ex. DUT-KS-020

Kelly v. Legislative Coordinating Council, No. 122,765 (Kan. Apr. 11, 2020) (original action in quo warranto; quo warranto granted in part)

Laura Kelly, Governor of the State of Kansas, v. Legislative Coordinating Council, et al.

Supreme Court of Kansas (per curiam), Kansas (Court)

Dates
Standing (2020-04-11)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Gathering capEvents and venuesStanding dutyOther
Character
adjudication
Grade
Primary source read

Once the proclamation is declared under K.S.A. 48-924, the Governor obtains powers set out in K.S.A. 2019 Supp. 48-925. That statute provides:... "(b)... the governor may issue orders and proclamations which shall have the force and effect of law during the period of a state of disaster emergency declared under subsection (b) of K.S.A. 48-924"

Enforcement: n/a (the orders it kept in force were enforced under K.S.A. 48-939, DUT-KS-011)

Citation: Supreme Court of Kansas (per curiam), Kelly v. Legislative Coordinating Council, No. 122,765 (Kan. Apr. 11, 2020) (original action in quo warranto; quo warranto granted in part) (Ex. DUT-KS-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 Kansas 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 260 instruments in force for this selection: 38 instruments from the State of Kansas (Douglas County Local Health Officer (Thomas Marcellino, M.D.), Lawrence-Douglas County Public Health, Emergency Order of Local Health Officer (stay at home) (Mar. 22, 2020) (Ex. KS-093); Sedgwick County Local Health Officer (Garold Minns, M.D.), Emergency Order of the Sedgwick County Local Health Officer (stay at home) (Mar. 24, 2020) (Ex. KS-080); Governor Laura Kelly, Executive Order 20-16 (Mar. 28, 2020) (Ex. KS-009); and 35 more), 179 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190); and 176 more) and 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: GATH (Ex. KS-093); OP offices (Ex. KS-080); WF workforce (Ex. KS-080); BA bars closed (Ex. KS-019); BD contract enforcement (Ex. KS-060); CT courts (Ex. KS-066); DR dining rooms (Ex. KS-007); TR travel (Ex. KS-009); BA bar and alcohol service (Ex. KS-017); CB customer base confined to home (Ex. KS-080).

Step three, the change compelled. Douglas County Local Health Officer (Thomas Marcellino, M.D.), Lawrence-Douglas County Public Health, Emergency Order of Local Health Officer (stay at home) (Mar. 22, 2020) (Ex. KS-093) ordered: "WHEREAS, this public health order directing individuals to stay at home is being issued to slow the rate of community spread of COVID-19 through intensified social distancing.... b. For purposes of this Order individuals are directed to stay at home and leave their residence only to perform any of…" Enforcement: K.S.A. 65-119, 65-129. Sedgwick County Local Health Officer (Garold Minns, M.D.), Emergency Order of the Sedgwick County Local Health Officer (stay at home) (Mar. 24, 2020) (Ex. KS-080) ordered: "B. For purposes of this Order, individuals are directed to stay at home and leave their residence only to perform any of the following 'Essential Activities' as described below. All businesses and operations in Sedgwick County, except Essential Businesses as defined below, are required to cease all…" Enforcement: K.S.A. 65-119, 65-129 (misdemeanor); Sedgwick County Charter Resolution No. 58. Governor Laura Kelly, Executive Order 20-16 (Mar. 28, 2020) (Ex. KS-009) ordered: "1. To preserve the public health and safety for all Kansans, and to ensure the healthcare system is capable of serving all citizens in need, especially those at high risk and vulnerable to COVID-19, all individuals within the state of Kansas are directed to stay in their homes or residences unless…" Enforcement: K.S.A. 48-939 (class A misdemeanor); para. 9.a: no individual required to carry proof; law enforcement to use discretion. 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. Emergency Order of Local Health Officer (stay at home) (Ex. KS-093) was in force from Mar. 24, 2020 to Mar. 30, 2020, 7 of the quarter's 110 days; Emergency Order of the Sedgwick County Local Health Officer (stay at home) (Ex. KS-080) was in force from Mar. 25, 2020 to Mar. 30, 2020, 6 of the quarter's 110 days; Executive Order 20-16 (Ex. KS-009) was in force from Mar. 30, 2020 to Apr. 19, 2020, 21 of the quarter's 110 days. Of the 38 instruments in the quarter's record, 1 was in force on its first day, 16 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 243 instruments in force for this selection: 34 instruments from the State of Kansas (Shawnee County Health Officer (Shawnee County Health Department, Linda K. Ochs, Director), Emergency Order of Local Health Officer restricting bars, restaurants and night clubs (July 7, 2020) (Ex. KS-090); Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer (July 21, 2020) (Ex. KS-082); Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer (Aug. 18, 2020) (Ex. KS-083); and 31 more), 163 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); and 160 more) and 46 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 44 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: CT courts (Ex. KS-066); DR (Ex. KS-083); WF workforce (Ex. KS-054); BD contract enforcement (Ex. KS-060); CB (Ex. KS-081); CB customers (Ex. KS-054); OP (Ex. KS-081); SF (Ex. KS-081); BA (Ex. KS-083); BA bar and alcohol service (Ex. KS-017).

Step three, the change compelled. Shawnee County Health Officer (Shawnee County Health Department, Linda K. Ochs, Director), Emergency Order of Local Health Officer restricting bars, restaurants and night clubs (July 7, 2020) (Ex. KS-090) ordered: "Closure of dance floors; closure of all bars/restaurants/night clubs at 11pm Thursday through Saturday and 12am Sunday through Wednesday; mandated deep cleaning from 2pm to 3pm every day; those establishments with more than 100 person capacity as established by the Fire Marshall can only operate at…" Enforcement: K.S.A. 65-119, 65-129; 'Any business or entity that does not operate in accord with these requirements is subject to closure by an Order of the Shawnee County… Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer (July 21, 2020) (Ex. KS-082) ordered: "Section II. Adoption of Phase 2 of Ad Astra: a Plan to Reopen Kansas, as previously issued by the Governor within Executive Order No. 20-34, with modifications. 1. The terms, conditions, and restrictions contained within Sections 2 and Sections 5 through 8 of the Governor's Executive Order No.…" Enforcement: K.S.A. 65-119, 65-129. Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer (Aug. 18, 2020) (Ex. KS-083) ordered: "Amended and replaced the July 21, 2020 order; the order 'will expire on August 21, 2020 (formerly September 9, 2020)' (Husch tracker summary of the county's amendment); masks and gathering conditions continued." Enforcement: K.S.A. 65-119, 65-129. 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. Emergency Order of Local Health Officer restricting bars, restaurants and night clubs… (Ex. KS-090) was in force from July 7, 2020 to July 24, 2020, 18 of the quarter's 92 days; Emergency Public Health Order of the Sedgwick County Local Health Officer (July 21, 2020) (Ex. KS-082) was in force from July 24, 2020 to Aug. 18, 2020, 26 of the quarter's 92 days; Emergency Public Health Order of the Sedgwick County Local Health Officer (Aug. 18, 2020) (Ex. KS-083) was in force from Aug. 21, 2020 to Sept. 3, 2020, 14 of the quarter's 92 days. Of the 34 instruments in the quarter's record, 15 were in force on its first day, 26 on its last day and 14 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 245 instruments in force for this selection: 36 instruments from the State of Kansas (Sedgwick County Local Health Officer (Garold Minns, M.D.); Board of County Commissioners (penalty resolution), Emergency Public Health Order of the Sedgwick County Local Health Officer (Nov. 10, 2020) (Ex. KS-085); Shawnee County Health Officer, Emergency Order of Local Health Officer (Nov. 12, 2020) (Ex. KS-092); Douglas County Local Health Officer (Thomas Marcellino, M.D.), Emergency Order of Local Health Officer (Nov. 20, 2020) (Ex. KS-094); and 33 more), 160 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); and 157 more) and 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: CT courts (Ex. KS-066); DR (Ex. KS-086); WF workforce (Ex. KS-030); BD contract enforcement (Ex. KS-060); CL dockets (Ex. KS-066); DR dining (Ex. KS-085); SF (Ex. KS-086); BA (Ex. KS-086); BA bar and alcohol service (Ex. KS-017); BA bars (Ex. KS-085).

Step three, the change compelled. Sedgwick County Local Health Officer (Garold Minns, M.D.); Board of County Commissioners (penalty resolution), Emergency Public Health Order of the Sedgwick County Local Health Officer (Nov. 10, 2020) (Ex. KS-085) ordered: "Limited mass gatherings to 100 people or 50 percent of a venue's capacity, including bars, nightclubs, restaurants, fitness centers and health clubs; capped seating at eight per table with six feet or a physical barrier between tables; required all bars, night clubs, restaurants and other businesses…" Enforcement: County resolution establishing a maximum fine of $500 for repeated violations and code-violation citations (up to $500 plus $20 court costs; no jail); deputies… Shawnee County Health Officer, Emergency Order of Local Health Officer (Nov. 12, 2020) (Ex. KS-092) ordered: "Emergency Public Health Order issued on this 12th day of November 2020, effective at 12:01 a.m. November 13, 2020, to mitigate the spread of the Coronavirus (COVID-19) in Shawnee County, Kansas, pursuant to the authority provided in K.S.A. 65-119 and K.S.A. 65-202... WHEREAS, on the 26th day of May…" Enforcement: K.S.A. 65-119, 65-129; closure orders for non-compliant businesses. Douglas County Local Health Officer (Thomas Marcellino, M.D.), Emergency Order of Local Health Officer (Nov. 20, 2020) (Ex. KS-094) ordered: "1. Mass Gatherings: Mass gatherings of more than 10 individuals are prohibited.... it is recommended that businesses allow employees to work from home to the greatest extent possible... 4. Business Restrictions: a. All businesses must comply with the following: i. Maintain at least 6 feet of…" Enforcement: K.S.A. 65-119, 65-129. 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. Emergency Public Health Order of the Sedgwick County Local Health Officer (Nov. 10, 2020) (Ex. KS-085) was in force from Nov. 11, 2020 to Dec. 31, 2020, 51 of the quarter's 92 days; Emergency Order of Local Health Officer (Nov. 12, 2020) (Ex. KS-092) was in force from Nov. 13, 2020 to Mar. 31, 2021, 49 of the quarter's 92 days; Emergency Order of Local Health Officer (Nov. 20, 2020) (Ex. KS-094) was in force from Nov. 20, 2020 to Mar. 31, 2021, 42 of the quarter's 92 days. Of the 36 instruments in the quarter's record, 24 were in force on its first day, 29 on its last day and 19 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 253 instruments in force for this selection: 34 instruments from the State of Kansas (Shawnee County Health Officer, Emergency Order of Local Health Officer (Nov. 12, 2020) (Ex. KS-092); Douglas County Local Health Officer (Thomas Marcellino, M.D.), Emergency Order of Local Health Officer (Nov. 20, 2020) (Ex. KS-094); Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer amending and replacing the order of Nov. 24, 2020 (Dec. 8, 2020) (Ex. KS-086); and 31 more), 175 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); and 172 more) and 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: CT courts (Ex. KS-070); WF workforce (Ex. KS-030); BD contract enforcement (Ex. KS-060); BA (Ex. KS-086); BA bar and alcohol service (Ex. KS-017); CB customers (Ex. KS-030); CL collections, foreclosure and eviction timelines (Ex. KS-062); CL licensing and DMV (Ex. KS-035); CT notaries (Ex. KS-035); DR (Ex. KS-086).

Step three, the change compelled. Shawnee County Health Officer, Emergency Order of Local Health Officer (Nov. 12, 2020) (Ex. KS-092) ordered: "Emergency Public Health Order issued on this 12th day of November 2020, effective at 12:01 a.m. November 13, 2020, to mitigate the spread of the Coronavirus (COVID-19) in Shawnee County, Kansas, pursuant to the authority provided in K.S.A. 65-119 and K.S.A. 65-202... WHEREAS, on the 26th day of May…" Enforcement: K.S.A. 65-119, 65-129; closure orders for non-compliant businesses. Douglas County Local Health Officer (Thomas Marcellino, M.D.), Emergency Order of Local Health Officer (Nov. 20, 2020) (Ex. KS-094) ordered: "1. Mass Gatherings: Mass gatherings of more than 10 individuals are prohibited.... it is recommended that businesses allow employees to work from home to the greatest extent possible... 4. Business Restrictions: a. All businesses must comply with the following: i. Maintain at least 6 feet of…" Enforcement: K.S.A. 65-119, 65-129. Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer amending and replacing the order of Nov. 24, 2020 (Dec. 8, 2020) (Ex. KS-086) ordered: "WHEREAS, in-person dining in restaurants and in-person activities within bars, night clubs, and other businesses licensed to sell alcohol for on-premises consumption present heightened risks of person-to-person spread of COVID-19...; WHEREAS, the intensive care units at the largest hospitals within…" Enforcement: K.S.A. 65-119, 65-129; county penalty resolution (Nov. 2020). 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. Emergency Order of Local Health Officer (Nov. 12, 2020) (Ex. KS-092) was in force from Nov. 13, 2020 to Mar. 31, 2021, 90 of the quarter's 90 days; Emergency Order of Local Health Officer (Nov. 20, 2020) (Ex. KS-094) was in force from Nov. 20, 2020 to Mar. 31, 2021, 90 of the quarter's 90 days; Emergency Public Health Order of the Sedgwick County Local Health Officer amending and… (Ex. KS-086) was in force from Dec. 10, 2020 to Jan. 6, 2021, 6 of the quarter's 90 days. Of the 34 instruments in the quarter's record, 26 were in force on its first day, 28 on its last day and 24 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 247 instruments in force for this selection: 33 instruments from the State of Kansas (Kansas Supreme Court (Chief Justice Marla Luckert), Administrative Order 2020-PR-016 (Mar. 18, 2020) (Ex. KS-060); Kansas Supreme Court, Administrative Order 2020-PR-123 (Dec. 1, 2020) (Ex. KS-070); Governor Laura Kelly, State of Disaster Emergency Proclamation (Mar. 12, 2020) (Ex. KS-001); and 30 more), 165 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334); and 162 more) and 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: CT courts (Ex. KS-070); RS residential care (Ex. KS-037); BD contract enforcement (Ex. KS-060); HR staffing (Ex. KS-037); predicate (Ex. KS-047); BA bar and alcohol service (Ex. KS-017); CL collections, foreclosure and eviction timelines (Ex. KS-062); CL dockets (Ex. KS-070); HR credentialing (Ex. KS-024); IC infection control and staff testing (Ex. KS-037).

Step three, the change compelled. Kansas Supreme Court (Chief Justice Marla Luckert), Administrative Order 2020-PR-016 (Mar. 18, 2020) (Ex. KS-060) ordered: "3. Effective upon publication of 2020 House Substitute for Senate Bill No. 102, this order suspends all deadlines and time limitations to bring a defendant to trial established by K.S.A. 22-3402 and its amendments, until further order of the Chief Justice. 4. Other than jury trials in progress, all…" Enforcement: Binding on all Kansas courts and litigants under Kan. Const. art. 3 and K.S.A. 20-172. Kansas Supreme Court, Administrative Order 2020-PR-123 (Dec. 1, 2020) (Ex. KS-070) ordered: "Kansas district and appellate courts are operating under Administrative Orders issued in response to the novel coronavirus (COVID-19) pandemic. [Consolidated operating requirements for the winter 2020-21 surge: screening, distancing, remote hearings, jury-trial precautions.]" Enforcement: Binding on all Kansas courts. Governor Laura Kelly, State of Disaster Emergency Proclamation (Mar. 12, 2020) (Ex. KS-001) ordered: "State of Disaster Emergency proclaimed for all 105 counties of Kansas under the Kansas Emergency Management Act (predicate for Executive Orders 20-03 through 20-34)." Enforcement: K.S.A. 48-939 (violation of KEMA orders a class A misdemeanor) applies to orders issued under the declaration. 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. Administrative Order 2020-PR-016 (Ex. KS-060) was in force from Mar. 18, 2020 to Sept. 30, 2021, 91 of the quarter's 91 days; Administrative Order 2020-PR-123 (Ex. KS-070) was in force from Dec. 1, 2020 to May 24, 2021, 54 of the quarter's 91 days; State of Disaster Emergency Proclamation (Ex. KS-001) was in force from Mar. 12, 2020 to June 30, 2021, 91 of the quarter's 91 days. Of the 33 instruments in the quarter's record, 23 were in force on its first day, 21 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 225 instruments in force for this selection: 14 instruments from the State of Kansas (Kansas Supreme Court (Chief Justice Marla Luckert), Administrative Order 2020-PR-016 (Mar. 18, 2020) (Ex. KS-060); Kansas State University (President Richard Myers), Kansas State University temporary face mask requirement on all campuses (COVID-19 page as archived Aug. 25, 2021) (Ex. KS-096); Kansas Legislature, House Substitute for Senate Bill No. 102 (Mar. 19, 2020) (Ex. KS-003); and 11 more), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 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: CT courts (Ex. KS-062); BD contract enforcement (Ex. KS-060); CL collections, foreclosure and eviction timelines (Ex. KS-062); WF workforce quarantine (Ex. KS-056); AM family entertainment (Ex. KS-095); BD (Ex. KS-069); CB child customers (Ex. KS-095); CB customers (Ex. KS-057); CL closings and collections (Ex. KS-003); CL collections and foreclosures (Ex. KS-064).

Step three, the change compelled. Kansas Supreme Court (Chief Justice Marla Luckert), Administrative Order 2020-PR-016 (Mar. 18, 2020) (Ex. KS-060) ordered: "3. Effective upon publication of 2020 House Substitute for Senate Bill No. 102, this order suspends all deadlines and time limitations to bring a defendant to trial established by K.S.A. 22-3402 and its amendments, until further order of the Chief Justice. 4. Other than jury trials in progress, all…" Enforcement: Binding on all Kansas courts and litigants under Kan. Const. art. 3 and K.S.A. 20-172. Kansas State University (President Richard Myers), Kansas State University temporary face mask requirement on all campuses (COVID-19 page as archived Aug. 25, 2021) (Ex. KS-096) ordered: "K-State is in phaseout of the university's reopening plan. The university has a temporary face mask requirement on all campuses." Enforcement: University policy binding on students, employees, vendors and visitors. Kansas Legislature, House Substitute for Senate Bill No. 102 (Mar. 19, 2020) (Ex. KS-003) ordered: "during any state of disaster emergency pursuant to K.S.A. 48-924, and amendments thereto, the chief justice of the Kansas supreme court may issue an order to extend or suspend any deadlines or time limitations established by statute when the chief justice determines such action is necessary to…" Enforcement: Orders under the act bind district and appellate courts and litigants. 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 2020-PR-016 (Ex. KS-060) was in force from Mar. 18, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Kansas State University temporary face mask requirement on all campuses (COVID-19 page as… (Ex. KS-096) was in force from Aug. 25, 2021 to Sept. 30, 2021, 37 of the quarter's 92 days; Administrative Order 2020-PR-047 (Ex. KS-062) was in force from May 1, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 14 instruments in the quarter's record, 8 were in force on its first day, 10 on its last day and 7 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: 412 records, of which The COVID Project holds the document for 402. 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-FED-LABOR-IMMIGRATION-031OSHA citation of Smithfield Packaged Meats Corp., Sioux Falls, South Dakota, for a General Duty Clause violation (proposed penalty $13,494), announced Sept. 10…OSHA Sioux Falls Area Office; DOL Office of Public Affairs news releaseSept. 10, 2020OSHA Sioux Falls Area Office; DOL Office of Public Affairs news release, OSHA citation of Smithfield Packaged Meats Corp., Sioux Falls, South Dakota, for a General Duty Clause violation (proposed penalty $13,494), announced Sept. 10, 2020 (Ex. AGY-FED-LABOR-IMMIGRATION-031)/library/AGY-FED-LABOR-IMMIGRATION-031/exhibit/AGY-FED-LABOR-IMMIGRATION-031
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-KS-001Substitute for Senate Bill No. 29 (2025), enrolled bill amending K.S.A. 65-101, 65-119 and 65-129b (the struck text is the statute as it stood throughout…Kansas Legislature (enrolled Substitute for Senate Bill No. 29, 2025 Session; L. 2025, ch. 115)standingKansas Legislature (enrolled Substitute for Senate Bill No. 29, 2025 Session; L. 2025, ch. 115), Substitute for Senate Bill No. 29 (2025), enrolled bill amending K.S.A. 65-101, 65-119 and 65-129b (the struck text is the statute as it stood throughout 2020-2021) (standing) (Ex. DUT-KS-001)/library/DUT-KS-001/exhibit/DUT-KS-001
Ex. DUT-KS-002K.S.A. 65-119, Duties of local boards of health and local health officers; contagious diseases (current text, as amended L. 2025, ch. 115, § 2)Kansas Legislature (K.S.A., Revisor of Statutes)standingKansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-119, Duties of local boards of health and local health officers; contagious diseases (current text, as amended L. 2025, ch. 115, § 2) (standing) (Ex. DUT-KS-002)/library/DUT-KS-002/exhibit/DUT-KS-002
Ex. DUT-KS-003K.S.A. 65-126, Quarantine of area by secretary when local authorities neglect to actKansas Legislature (K.S.A., Revisor of Statutes)standingKansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-126, Quarantine of area by secretary when local authorities neglect to act (standing) (Ex. DUT-KS-003)/library/DUT-KS-003/exhibit/DUT-KS-003
Ex. DUT-KS-004K.S.A. 65-127, Penalty for violation of K.S.A. 65-118, 65-119, 65-122, 65-123 and 65-126Kansas Legislature (K.S.A., Revisor of Statutes)standingKansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-127, Penalty for violation of K.S.A. 65-118, 65-119, 65-122, 65-123 and 65-126 (standing) (Ex. DUT-KS-004)/library/DUT-KS-004/exhibit/DUT-KS-004
Ex. DUT-KS-005K.S.A. 65-128, Rules and regulations and orders of the secretary to prevent the spread of disease; testing, isolation and quarantineKansas Legislature (K.S.A., Revisor of Statutes)standingKansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-128, Rules and regulations and orders of the secretary to prevent the spread of disease; testing, isolation and quarantine (standing) (Ex. DUT-KS-005)/library/DUT-KS-005/exhibit/DUT-KS-005
Ex. DUT-KS-006K.S.A. 65-129, Penalty for disobeying the secretary's rules and regulations or breaking quarantineKansas Legislature (K.S.A., Revisor of Statutes)standingKansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-129, Penalty for disobeying the secretary's rules and regulations or breaking quarantine (standing) (Ex. DUT-KS-006)/library/DUT-KS-006/exhibit/DUT-KS-006
Ex. DUT-KS-008K.S.A. 65-129d, Discharge of employee under order of isolation or quarantine prohibitedKansas Legislature (K.S.A., Revisor of Statutes)standingKansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-129d, Discharge of employee under order of isolation or quarantine prohibited (standing) (Ex. DUT-KS-008)/library/DUT-KS-008/exhibit/DUT-KS-008
Ex. DUT-KS-009K.S.A. 65-201, County boards of health; local health officers; review, amendment or revocation of local health officer orders; approval by board of county…Kansas Legislature (K.S.A., Revisor of Statutes)standingKansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-201, County boards of health; local health officers; review, amendment or revocation of local health officer orders; approval by board of county commissioners; civil action (text from March 25, 2021) (standing) (Ex. DUT-KS-009)/library/DUT-KS-009/exhibit/DUT-KS-009
Ex. DUT-KS-010K.S.A. 65-202 (2019), Duties of local health officers; investigation of communicable disease; 'all known measures to prevent the spread'Kansas Legislature (K.S.A. 2019 statute page, Kansas Legislature archive li_2020)standingKansas Legislature (K.S.A. 2019 statute page, Kansas Legislature archive li_2020), K.S.A. 65-202 (2019), Duties of local health officers; investigation of communicable disease; 'all known measures to prevent the spread' (standing) (Ex. DUT-KS-010)/library/DUT-KS-010/exhibit/DUT-KS-010
Ex. DUT-KS-011K.S.A. 48-939 (2019), Penalty for violation of the act or of orders or proclamations thereunder (text in force March 12 to June 8, 2020)Kansas Legislature (K.S.A. 2019 statute page, Kansas Legislature archive li_2020)standingKansas Legislature (K.S.A. 2019 statute page, Kansas Legislature archive li_2020), K.S.A. 48-939 (2019), Penalty for violation of the act or of orders or proclamations thereunder (text in force March 12 to June 8, 2020) (standing) (Ex. DUT-KS-011)/library/DUT-KS-011/exhibit/DUT-KS-011
Ex. DUT-KS-012K.S.A. 65-159, Nuisances, sources of filth and causes of sickness; examination; orders to owner or occupant; penaltyKansas Legislature (K.S.A., Revisor of Statutes)standingKansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 65-159, Nuisances, sources of filth and causes of sickness; examination; orders to owner or occupant; penalty (standing) (Ex. DUT-KS-012)/library/DUT-KS-012/exhibit/DUT-KS-012
Ex. DUT-KS-013K.S.A. 44-636, Places of business; inspection; safety and protection of employees; sanitary conditions; orders; penaltyKansas Legislature (K.S.A., Revisor of Statutes)standingKansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 44-636, Places of business; inspection; safety and protection of employees; sanitary conditions; orders; penalty (standing) (Ex. DUT-KS-013)/library/DUT-KS-013/exhibit/DUT-KS-013
Ex. DUT-KS-014K.S.A. 60-5502, Definitions, including (j) 'public health directives'Kansas Legislature (K.S.A., Revisor of Statutes)standingKansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 60-5502, Definitions, including (j) 'public health directives' (standing) (Ex. DUT-KS-014)/library/DUT-KS-014/exhibit/DUT-KS-014
Ex. DUT-KS-015K.S.A. 2021 Supp. 60-5504, Immunity for persons conducting business in this state; COVID-19 claims; expirationKansas Legislature (K.S.A. 2021 Supp. statute page, Kansas Legislature archive li_2022)standingKansas Legislature (K.S.A. 2021 Supp. statute page, Kansas Legislature archive li_2022), K.S.A. 2021 Supp. 60-5504, Immunity for persons conducting business in this state; COVID-19 claims; expiration (June 9, 2020) (Ex. DUT-KS-015)/library/DUT-KS-015/exhibit/DUT-KS-015
Ex. DUT-KS-016Senate Bill No. 283 (2021), § 5, extending K.S.A. 60-5504 business immunity for COVID-19 claims to March 31, 2022Kansas Legislature (enrolled Senate Bill No. 283, 2021 Regular Session; L. 2021, ch. 14)standingKansas Legislature (enrolled Senate Bill No. 283, 2021 Regular Session; L. 2021, ch. 14), Senate Bill No. 283 (2021), § 5, extending K.S.A. 60-5504 business immunity for COVID-19 claims to March 31, 2022 (Apr. 1, 2021) (Ex. DUT-KS-016)/library/DUT-KS-016/exhibit/DUT-KS-016
Ex. DUT-KS-017Memorandum to Kansas Prosecutors and Law Enforcement, 'State and local law enforcement duties and authorities under emergency powers invoked in connection with…Attorney General Derek Schmidt (Office of the Kansas Attorney General)standingAttorney General Derek Schmidt (Office of the Kansas Attorney General), Memorandum to Kansas Prosecutors and Law Enforcement, 'State and local law enforcement duties and authorities under emergency powers invoked in connection with COVID-19 response' (March 24, 2020) (Mar. 24, 2020) (Ex. DUT-KS-017)/library/DUT-KS-017/exhibit/DUT-KS-017
Ex. DUT-KS-018Addendum 1 to the March 24, 2020 memorandum, regarding restrictions on religious facilities, services or activities set forth in EO 20-18 (April 8, 2020)Attorney General Derek Schmidt (Office of the Kansas Attorney General)standingAttorney General Derek Schmidt (Office of the Kansas Attorney General), Addendum 1 to the March 24, 2020 memorandum, regarding restrictions on religious facilities, services or activities set forth in EO 20-18 (April 8, 2020) (Apr. 8, 2020) (Ex. DUT-KS-018)/library/DUT-KS-018/exhibit/DUT-KS-018
Ex. DUT-KS-019Addendum 3 to the March 24, 2020 memorandum, regarding enforcement of orders issued pursuant to the Kansas Emergency Management Act after enactment of HB 2016…Attorney General Derek Schmidt (Office of the Kansas Attorney General)standingAttorney General Derek Schmidt (Office of the Kansas Attorney General), Addendum 3 to the March 24, 2020 memorandum, regarding enforcement of orders issued pursuant to the Kansas Emergency Management Act after enactment of HB 2016, and Executive Order 20-52 (the Mask Order) (July 2, 2020) (Ex. DUT-KS-019)/library/DUT-KS-019/exhibit/DUT-KS-019
Ex. DUT-KS-020Kelly v. Legislative Coordinating Council, No. 122,765 (Kan. Apr. 11, 2020) (original action in quo warranto; quo warranto granted in part)Supreme Court of Kansas (per curiam)standingSupreme Court of Kansas (per curiam), Kelly v. Legislative Coordinating Council, No. 122,765 (Kan. Apr. 11, 2020) (original action in quo warranto; quo warranto granted in part) (Ex. DUT-KS-020)/library/DUT-KS-020/exhibit/DUT-KS-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. KS-001State of Disaster Emergency ProclamationGovernor Laura KellyMar. 12, 2020Governor Laura Kelly, State of Disaster Emergency Proclamation (Mar. 12, 2020) (Ex. KS-001)/library/KS-001/exhibit/KS-001
Ex. KS-002House Concurrent Resolution No. 5025Kansas LegislatureMar. 19, 2020Kansas Legislature, House Concurrent Resolution No. 5025 (Mar. 19, 2020) (Ex. KS-002)/library/KS-002/exhibit/KS-002
Ex. KS-003House Substitute for Senate Bill No. 102Kansas LegislatureMar. 19, 2020Kansas Legislature, House Substitute for Senate Bill No. 102 (Mar. 19, 2020) (Ex. KS-003)/library/KS-003/exhibit/KS-003
Ex. KS-00439 Kan. Reg. No. 12A (Mar. 19, 2020), pp. 297-312: Executive Orders 20-03, 20-04, 20-05, 20-06, 20-07Kansas Secretary of State (Kansas Register) publishing Governor Kelly's Executive Orders 20-03 to 20-07Mar. 19, 2020Kansas Secretary of State (Kansas Register) publishing Governor Kelly's Executive Orders 20-03 to 20-07, 39 Kan. Reg. No. 12A (Mar. 19, 2020), pp. 297-312: Executive Orders 20-03, 20-04, 20-05, 20-06, 20-07 (Ex. KS-004)/library/KS-004/exhibit/KS-004
Ex. KS-005Executive Order 20-07Governor Laura KellyMar. 17, 2020Governor Laura Kelly, Executive Order 20-07 (Mar. 17, 2020) (Ex. KS-005)/library/KS-005/exhibit/KS-005
Ex. KS-00639 Kan. Reg. No. 13 (Mar. 26, 2020): EO 20-12 (drivers' licenses)Kansas Secretary of State (Kansas Register); Governor Kelly (EOs 20-08 to 20-15); Department of Administration (office closure notice)Mar. 26, 2020Kansas Secretary of State (Kansas Register); Governor Kelly (EOs 20-08 to 20-15); Department of Administration (office closure notice), 39 Kan. Reg. No. 13 (Mar. 26, 2020): EO 20-12 (drivers' licenses) (Ex. KS-006)/library/KS-006/exhibit/KS-006
Ex. KS-007Executive Order 20-14Governor Laura KellyMar. 24, 2020Governor Laura Kelly, Executive Order 20-14 (Mar. 24, 2020) (Ex. KS-007)/library/KS-007/exhibit/KS-007
Ex. KS-008Executive Order 20-15Governor Laura KellyMar. 24, 2020Governor Laura Kelly, Executive Order 20-15 (Mar. 24, 2020) (Ex. KS-008)/library/KS-008/exhibit/KS-008
Ex. KS-009Executive Order 20-16Governor Laura KellyMar. 28, 2020Governor Laura Kelly, Executive Order 20-16 (Mar. 28, 2020) (Ex. KS-009)/library/KS-009/exhibit/KS-009
Ex. KS-01039 Kan. Reg. No. 14 (Apr. 2, 2020), pp. 449-466: Executive Order 20-16 (typed text)Kansas Secretary of State (Kansas Register) publishing Executive Order 20-16Apr. 2, 2020Kansas Secretary of State (Kansas Register) publishing Executive Order 20-16, 39 Kan. Reg. No. 14 (Apr. 2, 2020), pp. 449-466: Executive Order 20-16 (typed text) (Ex. KS-010)/library/KS-010/exhibit/KS-010
Ex. KS-011Executive Order 20-10Governor Laura KellyMar. 23, 2020Governor Laura Kelly, Executive Order 20-10 (Mar. 23, 2020) (Ex. KS-011)/library/KS-011/exhibit/KS-011
Ex. KS-01239 Kan. Reg. No. 15A (Apr. 13, 2020), pp. 481-492: Executive Order 20-18 (Temporarily prohibiting mass gatherings of more than 10 people, including religious…Kansas Secretary of State (Kansas Register) publishing Executive Orders 20-18, 20-19, 20-20, 20-21 and reissued 20-12Apr. 7, 2020Kansas Secretary of State (Kansas Register) publishing Executive Orders 20-18, 20-19, 20-20, 20-21 and reissued 20-12, 39 Kan. Reg. No. 15A (Apr. 13, 2020), pp. 481-492: Executive Order 20-18 (Temporarily prohibiting mass gatherings of more than 10 people, including religious gatherings, and rescinding EO 20-14); EO 20-19 (licenses); EO 20-20 (remote notaries); EO 20-21 (turkey permits) (Apr. 7, 2020) (Ex. KS-012)/library/KS-012/exhibit/KS-012
Ex. KS-013Executive Order 20-20 (Apr. 9, 2020)Governor Laura KellyApr. 9, 2020Governor Laura Kelly, Executive Order 20-20 (Apr. 9, 2020) (Ex. KS-013)/library/KS-013/exhibit/KS-013
Ex. KS-014Executive Order 20-24Governor Laura KellyApr. 16, 2020Governor Laura Kelly, Executive Order 20-24 (Apr. 16, 2020) (Ex. KS-014)/library/KS-014/exhibit/KS-014
Ex. KS-015Executive Order 20-25Governor Laura KellyApr. 17, 2020Governor Laura Kelly, Executive Order 20-25 (Apr. 17, 2020) (Ex. KS-015)/library/KS-015/exhibit/KS-015
Ex. KS-016Executive Order 20-26Governor Laura KellyApr. 22, 2020Governor Laura Kelly, Executive Order 20-26 (Apr. 22, 2020) (Ex. KS-016)/library/KS-016/exhibit/KS-016
Ex. KS-017Executive Order 20-27Governor Laura KellyApr. 22, 2020Governor Laura Kelly, Executive Order 20-27 (Apr. 22, 2020) (Ex. KS-017)/library/KS-017/exhibit/KS-017
Ex. KS-01839 Kan. Reg. No. 16A (Apr. 17, 2020), pp. 509-520Kansas Secretary of State (Kansas Register) publishing Executive Orders 20-22, 20-23, 20-24, 20-25Apr. 17, 2020Kansas Secretary of State (Kansas Register) publishing Executive Orders 20-22, 20-23, 20-24, 20-25, 39 Kan. Reg. No. 16A (Apr. 17, 2020), pp. 509-520 (Ex. KS-018)/library/KS-018/exhibit/KS-018
Ex. KS-019Executive Order 20-29Governor Laura KellyApr. 30, 2020Governor Laura Kelly, Executive Order 20-29 (Apr. 30, 2020) (Ex. KS-019)/library/KS-019/exhibit/KS-019
Ex. KS-020Ad Astra: A Plan to Reopen Kansas (framework, version of Apr. 30, 2020)Governor Laura Kelly (Office of the Governor)Apr. 30, 2020Governor Laura Kelly (Office of the Governor), Ad Astra: A Plan to Reopen Kansas (framework, version of Apr. 30, 2020) (Ex. KS-020)/library/KS-020/exhibit/KS-020
Ex. KS-021Executive Order 20-31Governor Laura KellyMay 14, 2020Governor Laura Kelly, Executive Order 20-31 (May 14, 2020) (Ex. KS-021)/library/KS-021/exhibit/KS-021
Ex. KS-022Executive Order 20-34Governor Laura KellyMay 19, 2020Governor Laura Kelly, Executive Order 20-34 (May 19, 2020) (Ex. KS-022)/library/KS-022/exhibit/KS-022
Ex. KS-023State of Disaster Emergency Proclamation of May 26, 2020Governor Laura KellyMay 26, 2020Governor Laura Kelly, State of Disaster Emergency Proclamation of May 26, 2020 (Ex. KS-023)/library/KS-023/exhibit/KS-023
Ex. KS-024Executive Order 20-41Governor Laura KellyMay 26, 2020Governor Laura Kelly, Executive Order 20-41 (May 26, 2020) (Ex. KS-024)/library/KS-024/exhibit/KS-024
Ex. KS-025Executive Order 20-42Governor Laura KellyMay 26, 2020Governor Laura Kelly, Executive Order 20-42 (May 26, 2020) (Ex. KS-025)/library/KS-025/exhibit/KS-025
Ex. KS-026Governor's release: 'Governor Laura Kelly Recommends Communities Move into Phase 3 of Ad Astra Plan'Office of the Governor (press release)June 5, 2020Office of the Governor (press release), Governor's release: 'Governor Laura Kelly Recommends Communities Move into Phase 3 of Ad Astra Plan' (June 5, 2020) (Ex. KS-026)/library/KS-026/exhibit/KS-026
Ex. KS-027House Bill 2016 (2020 Special Session)Kansas Legislature (2020 Special Session)June 8, 2020Kansas Legislature (2020 Special Session), House Bill 2016 (2020 Special Session) (June 8, 2020) (Ex. KS-027)/library/KS-027/exhibit/KS-027
Ex. KS-028Executive Order 20-49Governor Laura KellyJune 30, 2020Governor Laura Kelly, Executive Order 20-49 (June 30, 2020) (Ex. KS-028)/library/KS-028/exhibit/KS-028
Ex. KS-029Governor's release: 'Governor Laura Kelly Announces Masks Must be Worn Statewide'Office of the Governor (press release)June 29, 2020Office of the Governor (press release), Governor's release: 'Governor Laura Kelly Announces Masks Must be Worn Statewide' (June 29, 2020) (Ex. KS-029)/library/KS-029/exhibit/KS-029
Ex. KS-030Executive Order 20-52 (typed text, 39 Kan. Reg. No. 27A, July 2, 2020, pp. 911-913; issue also carries EOs 20-49, 20-50, 20-51)Governor Laura Kelly (Executive Order 20-52), published by the Secretary of StateJuly 2, 2020Governor Laura Kelly (Executive Order 20-52), published by the Secretary of State, Executive Order 20-52 (typed text, 39 Kan. Reg. No. 27A, July 2, 2020, pp. 911-913; issue also carries EOs 20-49, 20-50, 20-51) (Ex. KS-030)/library/KS-030/exhibit/KS-030
Ex. KS-031Executive Order 20-55Governor Laura KellyJuly 8, 2020Governor Laura Kelly, Executive Order 20-55 (July 8, 2020) (Ex. KS-031)/library/KS-031/exhibit/KS-031
Ex. KS-033Executive Order 20-59Governor Laura KellyJuly 20, 2020Governor Laura Kelly, Executive Order 20-59 (July 20, 2020) (Ex. KS-033)/library/KS-033/exhibit/KS-033
Ex. KS-034Executive Order 20-61Governor Laura KellyAug. 17, 2020Governor Laura Kelly, Executive Order 20-61 (Aug. 17, 2020) (Ex. KS-034)/library/KS-034/exhibit/KS-034
Ex. KS-035Executive Order 20-64Governor Laura KellySept. 10, 2020Governor Laura Kelly, Executive Order 20-64 (Sept. 10, 2020) (Ex. KS-035)/library/KS-035/exhibit/KS-035
Ex. KS-036Executive Order 20-68Governor Laura KellyNov. 18, 2020Governor Laura Kelly, Executive Order 20-68 (Nov. 18, 2020) (Ex. KS-036)/library/KS-036/exhibit/KS-036
Ex. KS-037Kansas EO 20-69 (Dec. 9, 2020) and KDHE Secretary's Order (June 18, 2021)Governor Laura KellyDec. 9, 2020Governor Laura Kelly, Kansas EO 20-69 (Dec. 9, 2020) and KDHE Secretary's Order (June 18, 2021) (Ex. KS-037)/library/KS-037/exhibit/KS-037
Ex. KS-038Executive Order 21-02Governor Laura KellyJan. 26, 2021Governor Laura Kelly, Executive Order 21-02 (Jan. 26, 2021) (Ex. KS-038)/library/KS-038/exhibit/KS-038
Ex. KS-039Senate Bill 14 (2021)Kansas LegislatureJan. 25, 2021Kansas Legislature, Senate Bill 14 (2021) (Jan. 25, 2021) (Ex. KS-039)/library/KS-039/exhibit/KS-039
Ex. KS-040Senate Bill 40 (2021)Kansas LegislatureMar. 24, 2021Kansas Legislature, Senate Bill 40 (2021) (Mar. 24, 2021) (Ex. KS-040)/library/KS-040/exhibit/KS-040
Ex. KS-041Governor's release: 'Governor Laura Kelly Signs Emergency Response Bill, Will Re-Issue Executive Orders to Protect COVID-19 Recovery'Office of the Governor (press release)Mar. 24, 2021Office of the Governor (press release), Governor's release: 'Governor Laura Kelly Signs Emergency Response Bill, Will Re-Issue Executive Orders to Protect COVID-19 Recovery' (Mar. 24, 2021) (Ex. KS-041)/library/KS-041/exhibit/KS-041
Ex. KS-042Executive Order 21-11Governor Laura KellyApr. 1, 2021Governor Laura Kelly, Executive Order 21-11 (Apr. 1, 2021) (Ex. KS-042)/library/KS-042/exhibit/KS-042
Ex. KS-043Executive Order 21-12Governor Laura KellyApr. 1, 2021Governor Laura Kelly, Executive Order 21-12 (Apr. 1, 2021) (Ex. KS-043)/library/KS-043/exhibit/KS-043
Ex. KS-044Executive Order 21-13Governor Laura KellyApr. 1, 2021Governor Laura Kelly, Executive Order 21-13 (Apr. 1, 2021) (Ex. KS-044)/library/KS-044/exhibit/KS-044
Ex. KS-045Executive Order 21-14Governor Laura KellyApr. 1, 2021Governor Laura Kelly, Executive Order 21-14 (Apr. 1, 2021) (Ex. KS-045)/library/KS-045/exhibit/KS-045
Ex. KS-046Executive Order 21-15Governor Laura KellyApr. 1, 2021Governor Laura Kelly, Executive Order 21-15 (Apr. 1, 2021) (Ex. KS-046)/library/KS-046/exhibit/KS-046
Ex. KS-047Governor's release: 'Governor Laura Kelly Signs Executive Orders to Maintain COVID-19 Response'Office of the Governor (press release)Apr. 1, 2021Office of the Governor (press release), Governor's release: 'Governor Laura Kelly Signs Executive Orders to Maintain COVID-19 Response' (Apr. 1, 2021) (Ex. KS-047)/library/KS-047/exhibit/KS-047
Ex. KS-048Memorandum: State Agency Return to In-Person Work GuidanceSecretary of Administration DeAngela Burns-Wallace (Department of Administration), on the Governor's determinationMay 12, 2021Secretary of Administration DeAngela Burns-Wallace (Department of Administration), on the Governor's determination, Memorandum: State Agency Return to In-Person Work Guidance (May 12, 2021) (Ex. KS-048)/library/KS-048/exhibit/KS-048
Ex. KS-04940 Kan. Reg. No. 13A (Apr. 1, 2021), pp. 437-466Kansas Secretary of State (Kansas Register) publishing Executive Orders 21-09 through 21-21Apr. 1, 2021Kansas Secretary of State (Kansas Register) publishing Executive Orders 21-09 through 21-21, 40 Kan. Reg. No. 13A (Apr. 1, 2021), pp. 437-466 (Ex. KS-049)/library/KS-049/exhibit/KS-049
Ex. KS-050Executive Order 21-23Governor Laura KellyJune 14, 2021Governor Laura Kelly, Executive Order 21-23 (June 14, 2021) (Ex. KS-050)/library/KS-050/exhibit/KS-050
Ex. KS-051Governor's release: 'Governor Laura Kelly to Rescind Seven Pandemic Emergency Executive Orders'Office of the Governor (press release)June 14, 2021Office of the Governor (press release), Governor's release: 'Governor Laura Kelly to Rescind Seven Pandemic Emergency Executive Orders' (June 14, 2021) (Ex. KS-051)/library/KS-051/exhibit/KS-051
Ex. KS-052KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care HomesLee A. Norman, M.D., Secretary of the Kansas Department of Health and Environment and State Health OfficerJune 18, 2021Lee A. Norman, M.D., Secretary of the Kansas Department of Health and Environment and State Health Officer, KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care Homes (June 18, 2021) (Ex. KS-052)/library/KS-052/exhibit/KS-052
Ex. KS-053KDHE Travel Related Quarantine Table (Mar. 23, 2020)Kansas Department of Health and EnvironmentMar. 23, 2020Kansas Department of Health and Environment, KDHE Travel Related Quarantine Table (Mar. 23, 2020) (Ex. KS-053)/library/KS-053/exhibit/KS-053
Ex. KS-054KDHE 'Travel & Exposure Related Isolation / Quarantine' mandate page (as of July 1, 2020; list updated June 29, 2020)Kansas Department of Health and EnvironmentJune 29, 2020Kansas Department of Health and Environment, KDHE 'Travel & Exposure Related Isolation / Quarantine' mandate page (as of July 1, 2020; list updated June 29, 2020) (Ex. KS-054)/library/KS-054/exhibit/KS-054
Ex. KS-055KDHE travel and exposure quarantine mandate page (as of Jan. 5, 2021; list updated Dec. 1, 2020; shortened-quarantine guidance Dec. 8, 2020)Kansas Department of Health and EnvironmentDec. 1, 2020Kansas Department of Health and Environment, KDHE travel and exposure quarantine mandate page (as of Jan. 5, 2021; list updated Dec. 1, 2020; shortened-quarantine guidance Dec. 8, 2020) (Ex. KS-055)/library/KS-055/exhibit/KS-055
Ex. KS-056KDHE travel and exposure quarantine mandate page (as of June 10, 2021; list updated June 3, 2021)Kansas Department of Health and EnvironmentJune 3, 2021Kansas Department of Health and Environment, KDHE travel and exposure quarantine mandate page (as of June 10, 2021; list updated June 3, 2021) (Ex. KS-056)/library/KS-056/exhibit/KS-056
Ex. KS-057KDHE travel and exposure quarantine mandate page (as of Oct. 1, 2021; list updated Sept. 23, 2021)Kansas Department of Health and EnvironmentSept. 23, 2021Kansas Department of Health and Environment, KDHE travel and exposure quarantine mandate page (as of Oct. 1, 2021; list updated Sept. 23, 2021) (Ex. KS-057)/library/KS-057/exhibit/KS-057
Ex. KS-058Governor Laura Kelly Statement Regarding Republican Leaders Revoking Disaster DeclarationOffice of the Governor (statement)June 15, 2021Office of the Governor (statement), Governor Laura Kelly Statement Regarding Republican Leaders Revoking Disaster Declaration (June 15, 2021) (Ex. KS-058)/library/KS-058/exhibit/KS-058
Ex. KS-060Administrative Order 2020-PR-016Kansas Supreme Court (Chief Justice Marla Luckert)Mar. 18, 2020Kansas Supreme Court (Chief Justice Marla Luckert), Administrative Order 2020-PR-016 (Mar. 18, 2020) (Ex. KS-060)/library/KS-060/exhibit/KS-060
Ex. KS-061Administrative Order 2020-PR-032Kansas Supreme Court (Chief Justice Marla Luckert)Apr. 3, 2020Kansas Supreme Court (Chief Justice Marla Luckert), Administrative Order 2020-PR-032 (Apr. 3, 2020) (Ex. KS-061)/library/KS-061/exhibit/KS-061
Ex. KS-062Administrative Order 2020-PR-047Chief Justice Marla LuckertMay 1, 2020Chief Justice Marla Luckert, Administrative Order 2020-PR-047 (May 1, 2020) (Ex. KS-062)/library/KS-062/exhibit/KS-062
Ex. KS-063Administrative Order 2020-PR-049Kansas Supreme CourtMay 1, 2020Kansas Supreme Court, Administrative Order 2020-PR-049 (May 1, 2020) (Ex. KS-063)/library/KS-063/exhibit/KS-063
Ex. KS-064Administrative Order 2020-PR-058Chief Justice Marla LuckertMay 27, 2020Chief Justice Marla Luckert, Administrative Order 2020-PR-058 (May 27, 2020) (Ex. KS-064)/library/KS-064/exhibit/KS-064
Ex. KS-065Administrative Order 2020-PR-062Kansas Supreme CourtJune 11, 2020Kansas Supreme Court, Administrative Order 2020-PR-062 (June 11, 2020) (Ex. KS-065)/library/KS-065/exhibit/KS-065
Ex. KS-066Administrative Order 2020-PR-076Kansas Supreme CourtJune 16, 2020Kansas Supreme Court, Administrative Order 2020-PR-076 (June 16, 2020) (Ex. KS-066)/library/KS-066/exhibit/KS-066
Ex. KS-067Administrative Order 2020-PR-090Kansas Supreme CourtJuly 2, 2020Kansas Supreme Court, Administrative Order 2020-PR-090 (July 2, 2020) (Ex. KS-067)/library/KS-067/exhibit/KS-067
Ex. KS-068Administrative Order 2020-PR-099Kansas Supreme CourtSept. 4, 2020Kansas Supreme Court, Administrative Order 2020-PR-099 (Sept. 4, 2020) (Ex. KS-068)/library/KS-068/exhibit/KS-068
Ex. KS-069Administrative Order 2020-PR-101Chief Justice Marla LuckertSept. 15, 2020Chief Justice Marla Luckert, Administrative Order 2020-PR-101 (Sept. 15, 2020) (Ex. KS-069)/library/KS-069/exhibit/KS-069
Ex. KS-070Administrative Order 2020-PR-123Kansas Supreme CourtDec. 1, 2020Kansas Supreme Court, Administrative Order 2020-PR-123 (Dec. 1, 2020) (Ex. KS-070)/library/KS-070/exhibit/KS-070
Ex. KS-071Administrative Order 2020-PR-124Kansas Supreme CourtDec. 1, 2020Kansas Supreme Court, Administrative Order 2020-PR-124 (Dec. 1, 2020) (Ex. KS-071)/library/KS-071/exhibit/KS-071
Ex. KS-072Administrative Order 2021-PR-020Chief Justice Marla LuckertMar. 30, 2021Chief Justice Marla Luckert, Administrative Order 2021-PR-020 (Mar. 30, 2021) (Ex. KS-072)/library/KS-072/exhibit/KS-072
Ex. KS-073Administrative Order 2021-PR-048Kansas Supreme CourtMay 24, 2021Kansas Supreme Court, Administrative Order 2021-PR-048 (May 24, 2021) (Ex. KS-073)/library/KS-073/exhibit/KS-073
Ex. KS-074Administrative Order 2021-PR-100Chief Justice Marla LuckertJuly 1, 2021Chief Justice Marla Luckert, Administrative Order 2021-PR-100 (July 1, 2021) (Ex. KS-074)/library/KS-074/exhibit/KS-074
Ex. KS-07539 Kan. Reg. No. 47A (Nov. 20, 2020), pp. 1437-1446: Executive Order 20-68 (typed text)Kansas Secretary of State (Kansas Register) publishing Executive Order 20-68Nov. 20, 2020Kansas Secretary of State (Kansas Register) publishing Executive Order 20-68, 39 Kan. Reg. No. 47A (Nov. 20, 2020), pp. 1437-1446: Executive Order 20-68 (typed text) (Ex. KS-075)/library/KS-075/exhibit/KS-075
Ex. KS-080Emergency Order of the Sedgwick County Local Health Officer (stay at home)Sedgwick County Local Health Officer (Garold Minns, M.D.)Mar. 24, 2020Sedgwick County Local Health Officer (Garold Minns, M.D.), Emergency Order of the Sedgwick County Local Health Officer (stay at home) (Mar. 24, 2020) (Ex. KS-080)/library/KS-080/exhibit/KS-080
Ex. KS-081Revised Emergency Public Health Order of the Sedgwick County Local Health Officer (amending and replacing the order of July 8, 2020)Sedgwick County Local Health OfficerJuly 9, 2020Sedgwick County Local Health Officer, Revised Emergency Public Health Order of the Sedgwick County Local Health Officer (amending and replacing the order of July 8, 2020) (July 9, 2020) (Ex. KS-081)/library/KS-081/exhibit/KS-081
Ex. KS-082Emergency Public Health Order of the Sedgwick County Local Health Officer (July 21, 2020)Sedgwick County Local Health OfficerJuly 21, 2020Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer (July 21, 2020) (Ex. KS-082)/library/KS-082/exhibit/KS-082
Ex. KS-083Emergency Public Health Order of the Sedgwick County Local Health Officer (Aug. 18, 2020)Sedgwick County Local Health OfficerAug. 18, 2020Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer (Aug. 18, 2020) (Ex. KS-083)/library/KS-083/exhibit/KS-083
Ex. KS-084Emergency Public Health Order of the Sedgwick County Local Health Officer (Sept. 3, 2020)Sedgwick County Local Health OfficerSept. 3, 2020Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer (Sept. 3, 2020) (Ex. KS-084)/library/KS-084/exhibit/KS-084
Ex. KS-085Emergency Public Health Order of the Sedgwick County Local Health Officer (Nov. 10, 2020)Sedgwick County Local Health Officer (Garold Minns, M.D.); Board of County Commissioners (penalty resolution)Nov. 10, 2020Sedgwick County Local Health Officer (Garold Minns, M.D.); Board of County Commissioners (penalty resolution), Emergency Public Health Order of the Sedgwick County Local Health Officer (Nov. 10, 2020) (Ex. KS-085)/library/KS-085/exhibit/KS-085
Ex. KS-086Emergency Public Health Order of the Sedgwick County Local Health Officer amending and replacing the order of Nov. 24, 2020 (Dec. 8, 2020)Sedgwick County Local Health OfficerDec. 8, 2020Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer amending and replacing the order of Nov. 24, 2020 (Dec. 8, 2020) (Ex. KS-086)/library/KS-086/exhibit/KS-086
Ex. KS-087Emergency Public Health Order of the Sedgwick County Local Health Officer (Feb. 2, 2021)Sedgwick County Local Health OfficerFeb. 2, 2021Sedgwick County Local Health Officer, Emergency Public Health Order of the Sedgwick County Local Health Officer (Feb. 2, 2021) (Ex. KS-087)/library/KS-087/exhibit/KS-087
Ex. KS-088Ordinance No. 51-307Wichita City Council (Governing Body)July 7, 2020Wichita City Council (Governing Body), Ordinance No. 51-307 (July 7, 2020) (Ex. KS-088)/library/KS-088/exhibit/KS-088
Ex. KS-089Shawnee County Resolution 2020-44Board of County Commissioners of Shawnee CountyJuly 6, 2020Board of County Commissioners of Shawnee County, Shawnee County Resolution 2020-44 (July 6, 2020) (Ex. KS-089)/library/KS-089
Ex. KS-090Emergency Order of Local Health Officer restricting bars, restaurants and night clubs (July 7, 2020)Shawnee County Health Officer (Shawnee County Health Department, Linda K. Ochs, Director)July 7, 2020Shawnee County Health Officer (Shawnee County Health Department, Linda K. Ochs, Director), Emergency Order of Local Health Officer restricting bars, restaurants and night clubs (July 7, 2020) (Ex. KS-090)/library/KS-090/exhibit/KS-090
Ex. KS-091Public Health Order for Home Quarantine by the Shawnee County Health OfficerShawnee County Health OfficerJuly 15, 2020Shawnee County Health Officer, Public Health Order for Home Quarantine by the Shawnee County Health Officer (July 15, 2020) (Ex. KS-091)/library/KS-091/exhibit/KS-091
Ex. KS-092Emergency Order of Local Health Officer (Nov. 12, 2020)Shawnee County Health OfficerNov. 12, 2020Shawnee County Health Officer, Emergency Order of Local Health Officer (Nov. 12, 2020) (Ex. KS-092)/library/KS-092/exhibit/KS-092
Ex. KS-093Emergency Order of Local Health Officer (stay at home)Douglas County Local Health Officer (Thomas Marcellino, M.D.), Lawrence-Douglas County Public HealthMar. 22, 2020Douglas County Local Health Officer (Thomas Marcellino, M.D.), Lawrence-Douglas County Public Health, Emergency Order of Local Health Officer (stay at home) (Mar. 22, 2020) (Ex. KS-093)/library/KS-093/exhibit/KS-093
Ex. KS-094Emergency Order of Local Health Officer (Nov. 20, 2020)Douglas County Local Health Officer (Thomas Marcellino, M.D.)Nov. 20, 2020Douglas County Local Health Officer (Thomas Marcellino, M.D.), Emergency Order of Local Health Officer (Nov. 20, 2020) (Ex. KS-094)/library/KS-094/exhibit/KS-094
Ex. KS-095Emergency Order of Local Health Officer and Douglas County Commission (Aug. 18, 2021)Douglas County Local Health Officer (Thomas Marcellino, M.D.) and the Board of County Commissioners of Douglas CountyAug. 18, 2021Douglas County Local Health Officer (Thomas Marcellino, M.D.) and the Board of County Commissioners of Douglas County, Emergency Order of Local Health Officer and Douglas County Commission (Aug. 18, 2021) (Ex. KS-095)/library/KS-095/exhibit/KS-095
Ex. KS-096Kansas State University temporary face mask requirement on all campuses (COVID-19 page as archived Aug. 25, 2021)Kansas State University (President Richard Myers)Aug. 25, 2021Kansas State University (President Richard Myers), Kansas State University temporary face mask requirement on all campuses (COVID-19 page as archived Aug. 25, 2021) (Ex. KS-096)/library/KS-096/exhibit/KS-096
Ex. LAW-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)/library/LAW-001/exhibit/LAW-001
Ex. LAW-002Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…United States CongressDec. 27, 2020United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)/library/LAW-002/exhibit/LAW-002
Ex. LAW-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)/library/LAW-003/exhibit/LAW-003
Ex. LAW-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)/library/LAW-004/exhibit/LAW-004
Ex. TX-004Executive Order GA-09Governor Greg AbbottMar. 22, 2020Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)/library/TX-004/exhibit/TX-004

8. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?state=KS&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1 on Sept. 30, 2026. The COVID Project is a free public reference and this report is not legal advice.