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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Montana

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 421 instruments cited; 400 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=MT&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 Montana 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=MT&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)

Montana, first day (Apr. 1, 2020): State of emergency (MT-001, MT-002). Stay at Home Directive in force statewide (MT-009: all individuals directed to stay home; all non-essential businesses to cease except Minimum Basic Operations and work from home; all gatherings of any number outside a household prohibited; travel limited to Essential Travel) through Apr. 10, extended Apr. 7 through Apr. 24 (MT-012). On-premises closures of restaurants, bars, gyms, theaters, casinos (MT-005, MT-007) through Apr. 10, extended to Apr. 24 (MT-012) and, for bars and restaurants, to May 4 (MT-013). Schools closed (MT-003, MT-007, MT-012). 14-day traveler quarantine (MT-010). Eviction, foreclosure and utility-disconnection prohibition (MT-011). Nursing-home visitation suspended (MT-003). Supreme Court Order suspending jury trials and non-emergency in-person proceedings through Apr. 10 (MT-056), extended to May 4 (MT-057). Gallatin EHR-2020-001 closures through Apr. 17 (MT-063); Gallatin HO-2020-002 quarantine and isolation (MT-064, Apr. 7). Yellowstone County closures (MT-043, MT-044). Blackfeet Nation stay-at-home, non-essential traffic shutdown, vacation-rental closure and Glacier east-entrance closure (MT-086).

Montana, last day (June 30, 2020): State of emergency (MT-001, MT-002). Phase Two Directive (MT-014, eff. June 1): gatherings of more than 50 to be avoided where distancing is not possible and groups larger than 50 'should be cancelled unless physical distancing can be maintained'; restaurants, bars, breweries, distilleries, casinos, gyms, pools at 75 percent capacity; places of assembly at reduced capacity; vulnerable individuals to continue stay-at-home guidance; Phase One Appendix A protocols continue except as modified (MT-013, MT-033). Senior and assisted-living visitation restricted (MT-034, June 25). Traveler quarantine ended June 1 (MT-014). Telehealth, licensing, congregate-care and carrier directives to the end of the emergency (MT-023, MT-024, MT-031, MT-032). Supreme Court Phase Two court practices (MT-059). Gallatin EHR-2020-003 Phase One rule (MT-068, 90-day term from May 1). Blackfeet east-entrance closure for the 2020 season (June 25; MT-086).

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)

Montana, first day (July 1, 2020): As of June 30, 2020, plus Yellowstone County Health Officer Order of July 3 restricting visitors to senior care facilities (MT-045) from that date; Gallatin Phase One rule (MT-068); Blackfeet stay-at-home and closures (MT-086).

Montana, last day (Sept. 30, 2020): State of emergency (MT-001, MT-002). Phase Two capacity and 50-person gathering rules (MT-014; Sept. 4 clarification exempting school and youth activities, MT-038). Face coverings mandatory in every indoor space open to the public and at organized outdoor activities of 50 or more in counties with four or more active cases (MT-016, July 15), extended to all K-12 schools (MT-017, Aug. 12; classroom allowance MT-037, Aug. 27). Nursing home and assisted living visitation conditions (MT-034, MT-035). Missoula County mask rule (MT-079, July 9) and Gallatin County face-covering rule (MT-076). Yellowstone County Sept. 3 order requiring each school to maintain a COVID plan (MT-047). Eviction protections for vulnerable sheltering individuals (MT-014). Blackfeet stay-at-home order (MT-086).

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)

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

Montana, last day (Dec. 31, 2020): State of emergency (MT-001, MT-002). Nov. 17 Directive (MT-018, eff. 5 a.m. Nov. 20): restaurants, bars, breweries, distilleries and casinos at 50 percent capacity, six per table, closed 10 p.m. to 4 a.m.; public gatherings limited to 25 where distancing is not possible or observed; face coverings required statewide regardless of case count. Yellowstone County Nov. 19 order (MT-052, eff. Nov. 20 through Dec. 31, amended Dec. 10, MT-053): all gatherings capped at 25 regardless of distancing; all places of assembly including retail, bars, churches, restaurants, casinos, gyms, salons and bowling alleys closed 10 p.m. to 4 a.m.; congregate care order of Oct. 26 continued (MT-074). Cascade County Health Officer order of Nov. 20 (MT-084): 25/50 gathering cap, 50 percent capacity, 10 p.m. close, masks. Missoula County 50 percent capacity, eight per table, 10 p.m. close and mask rule (MT-080, MT-079). Gallatin face-covering rule and Phase Two rule (MT-076, MT-077). Supreme Court Dec. 21 protocols: masks required in all courtrooms and shared court spaces; remote hearings; six-foot distancing (MT-060). School mask directive (MT-017). Blackfeet orders (MT-086).

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)

Montana, first day (Jan. 1, 2021): As of Dec. 31, 2020 (Yellowstone's Nov. 19 order expired by its terms Dec. 31, 2020; the Dec. 10 amended order continued to Jan. 7, 2021, MT-053, MT-054).

Montana, last day (Mar. 31, 2021): Executive Order 2-2021 state of emergency (MT-019). Feb. 12, 2021 Directive (MT-021): mask mandate expired; phased reopening no longer in force; businesses 'should make reasonable efforts' on masking, distancing, screening, testing, sanitation and teleworking; evictions and foreclosures for non-payment prohibited in the manner of the CDC and HHS orders; DOC visitation restrictions and 14-day intake quarantine; health-care licensing, telehealth, congregate-care and motor-carrier suspensions. Jan. 14, 2021 Directive continuing non-conflicting Bullock directives and regulations (MT-039). Missoula County mask mandate and 50/100 event caps (MT-081). Gallatin County face-covering rule (extended Jan. 20 to Apr. 20, 2021) and Phase Two rule (10 p.m. close; 50 percent capacity) (MT-076, MT-077). Cascade County order as loosened Jan. 22, 2021 (75 percent; 12:30 a.m. close; 25/50 gatherings; masks) (MT-084). Supreme Court Dec. 21 protocols (MT-060). Banking Commissioner's Jan. 15, 2021 Proclamation permitting branch closures (recited in MT-041). SB 65 liability conditions (MT-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)

Montana, first day (Apr. 1, 2021): As of Mar. 31, 2021.

Montana, last day (June 30, 2021): Executive Order 10-2021 rescinded Executive Order 2-2021 and lifted the state of emergency 'effective immediately' on June 30, 2021 (MT-022); the Feb. 12, 2021 Directive expired with it (MT-021). In force on June 30: HB 702 / Mont. Code Ann. 49-2-312 (from May 7, 2021; MT-072); Mont. Code Ann. 50-2-116(4)-(9) as amended by HB 121 (Apr. 16, 2021) and HB 257 (May 7, 2021) (MT-073); SB 65 (MT-087); local isolation and quarantine measures under 50-2-118(4); Supreme Court protocols as revised May 17, 2021 (masks optional locally; remote hearings continue) (MT-061); the Banking Commissioner's Proclamation until July 12, 2021 (MT-041); Gallatin's Board face-covering rule nominally to May 27, 2021 and unenforced from May 14 (MT-076). Not in force on June 30: every gubernatorial directive; every county capacity, hours, gathering or mask order (Missoula rescinded May 10, MT-082; Gallatin lifted May 14, MT-076; Yellowstone rescinded Jan. 7, MT-054).

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)

Montana, first day (July 1, 2021): No gubernatorial order or directive. In force: Mont. Code Ann. 49-2-312 (HB 702) barring vaccination requirements by employers, governmental entities and public accommodations and barring any requirement to receive an EUA vaccine (MT-072); 50-2-116(4)-(9) (HB 121, HB 257) (MT-073); SB 65 (MT-087); local health officers' isolation and quarantine measures under 50-2-118(4); Banking Commissioner's Proclamation to July 12 (MT-041); Supreme Court May 17, 2021 protocols (MT-061); federal layer.

Montana, last day (Sept. 30, 2021): As of July 1 plus: DPHHS Temporary Emergency Rule I, MAR Notice 37-960 (adopted Aug. 31, 2021; effective on adoption; emergency rules run up to 120 days under Mont. Code Ann. 2-4-303) directing school districts that impose mask mandates to demonstrate consideration of parental concerns and to provide opt-outs (MT-042); DPHHS July 28, 2021 letter to licensed nursing homes, long-term care and assisted living facilities on HB 702 and the CMS vaccination rules (MT-071); DLI Human Rights Bureau HB 702 guidance (July 28, 2021; secondary); school-board mask requirements in Missoula County Public Schools, Bozeman, Helena, Billings and Whitefish for the 2021-22 year (MT-088). Not in force: Executive Order 2-2021 (rescinded June 30, 2021), every Bullock and Gianforte Directive, the statewide mask mandate (ended Feb. 12, 2021), capacity, hours and gathering limits (ended Jan. 15, 2021), the traveler quarantine (ended June 1, 2020), the stay-home order (ended Apr. 26-27, 2020), all county health officer orders on businesses (Yellowstone Jan. 7, 2021; Missoula May 10, 2021; Gallatin May 14, 2021; Cascade and Lewis and Clark by May 2021), courtroom mask requirement (ended May 17, 2021).

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 Montana4738474625987
Agencies, boards and authorities1111001
Standing duties46465152534776
All layers273248259274243223494

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 Montana

Ex. MT-013
Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A

Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One

Governor Steve Bullock, Montana (State)

Dates
In force from Apr. 22, 2020 to June 1, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capTravel and quarantineSchools and child careHealth care ordersCurfew and hoursEvents and venuesWorkplace rules
Functions reached
SF sales floor (reduced capacity); DR dining room (50 percent; six per table; 11:30 p.m.); BA bar; FC fitness (closed to May 15); PE theaters (closed to May 15); WS worship (reduced capacity; ten-person guideline); OF office (telework encouraged; common areas closed); TV business travel minimized; VS visitation (senior living prohibited); WF (schools closed through May 6); HR screening and symptom monitoring; EMP written policies
Grade
Primary source read
Days in this quarter
41

As detailed in this Directive, the Stay at Home Directive is extended for individuals until Sunday, April 26 and for non-essential businesses until Monday, April 27, except as provided herein (e.g., bar and restaurant closures extended to May 4).... All individuals, apart from members of a household, should:... Avoid gathering in groups of more than 10 people in circumstances that do not readily allow for appropriate physical distancing. Minimize non-essential travel and adhere to Montana guidelines regarding quarantine.... Effective Monday, April 27, employers should: Continue to encourage telework whenever possible and feasible with business operations. When telework is not feasible, employers are encouraged to accommodate alternative work schedules such as shift work and staggered scheduling... Close common areas where personnel are likely to congregate and interact, or enforce strict…

Enforcement: 'This Directive supersedes the Stay at Home Directive and any other gubernatorial Directive, to the extent there is any conflict'; public-health-order enforcement clause continues in the series; 'nothing in this Directive prohibits local public health authorities from adopting more restrictive approaches based on local need'

Citation: Governor Steve Bullock, Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A (Apr. 22, 2020) (Ex. MT-013) Open the exhibit

Ex. MT-009
Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions)

Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions

Governor Steve Bullock, Montana (State)

Dates
In force from Mar. 28, 2020 to Apr. 10, 2020 (issued Mar. 26, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering capTravel and quarantineWorkplace rules
Functions reached
CB customer base under stay-home; SF sales floor / premises closed to the public; OF office (telework; Minimum Basic Operations only); WF workforce (schools closed; stay-home); GATH events (all gatherings prohibited); TV travel limited to Essential Travel; PF production floor (non-essential manufacturing ceased); SL salons, barbers, spas, tattoo (excluded from Health Care operations)
Grade
Primary source read
Days in this quarter
14

1. Stay at home or place of residence. With exceptions as outlined below, all individuals currently living within the State of Montana are directed to stay at home or at their place of residence to the greatest extent possible, except as allowed in this Directive.... Non-essential social and recreational gatherings of individuals outside of a home or place of residence are prohibited, regardless of size, if a distance of at least six feet between individuals cannot be maintained. All persons may leave their homes or place of residence only for Essential Activities or to operate Essential Businesses and Operations... 2. Non-essential business and operations to cease. All businesses and operations in the State, except Essential Businesses and Operations as defined below, are required to cease all activities within the State except Minimum Basic Operations, as defined below. Businesses may…

Enforcement: 'II. Directive Is Public Health Order and Enforceable By County Attorney. This Directive, along with any prior Directive that implements and references the public health authorities of the Department of Public Health and Human Services (DPHHS) provided in Title 50, constitutes a "public health... order" within the meaning of 50-1-103(2), MCA, and is enforceable by the Attorney General, DPHHS, a…

Citation: Governor Steve Bullock, Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions) (Mar. 26, 2020) (Ex. MT-009) Open the exhibit

Ex. MT-068
Emergency Local Health Rule Relating to COVID-19, EHR-2020-003, Phased Reopening: Phase One

Gallatin City-County Board of Health (Becky Franks, Chair), Gallatin County, Montana (County)

Dates
In force from May 1, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Business closureCapacity limitGathering capWorkplace rules
Functions reached
DR (50 percent; six per table); BA; SF (reduced capacity); FC; PE; GATH; EMP written protocols; HR screening
Grade
Primary source read
Days in this quarter
61 (in force on the last day)

WHEREAS, this Emergency Health Rule adopts the guidance and conditions provided for the first phase of the phased reopening of businesses in the Governor's April 22nd Directive and applies them to the reopening of businesses in Gallatin County; and WHEREAS, this Emergency Health Rule also allows for the imposition of the criminal penalties provided at 50-2-124, MCA, in addition to the civil remedies available under 50-2-123, MCA... NOW, THEREFORE, EFFECTIVE IMMEDIATELY, THE FOLLOWING EMERGENCY LOCAL HEALTH RULE IS ADOPTED: Progression Between Phases. 1. The approach to reopening Gallatin County will occur in phases, beginning under this Rule with Phase One.... 50-2-124. Penalties for violations. (1) A person who does not comply with rules adopted by a local board is guilty of a misdemeanor. On conviction, the person shall be fined not less than $10 or more than $200.... (3) Each day of…

Enforcement: Mont. Code Ann. 50-2-124 misdemeanor ($10-$200; each day a separate offense); 50-2-123 compliance orders and cost recovery; recorded Doc. 2680288

Citation: Gallatin City-County Board of Health (Becky Franks, Chair), Emergency Local Health Rule Relating to COVID-19, EHR-2020-003, Phased Reopening: Phase One (May 1, 2020) (Ex. MT-068) Open the exhibit

Ex. MT-069
Order of Health Officer HO-2020-003, Phased Reopening: Phase One

Matt Kelley, Health Officer, Gallatin City-County Health Department, Gallatin County, Montana (County)

Dates
In force from May 1, 2020 to May 27, 2021
Quarters
2020 Q22020 Q3
Limitations
Business closureCapacity limitGathering capWorkplace rules
Functions reached
DR; BA; SF; FC; PE; GATH; EMP
Grade
Primary source read
Days in this quarter
61 (in force on the last day)

WHEREAS, the April 22nd Directive allows for implementation of the phased reopening on a county-by county basis and directs local officials to 'coordinate on a regional basis and continue to assess the conditions in their jurisdictions.' Further, the Directive allows local public health authorities to adopt 'more restrictive approaches based on local need' (recital); order applies the Phase One conditions in Gallatin County

Enforcement: Mont. Code Ann. 50-2-118(5), 50-2-123, 50-2-124; recorded Doc. 2680322

Citation: Matt Kelley, Health Officer, Gallatin City-County Health Department, Order of Health Officer HO-2020-003, Phased Reopening: Phase One (May 1, 2020) (Ex. MT-069) Open the exhibit

Ex. MT-005
Directive Implementing Executive Orders 2-2020 and 3-2020 (closure of on-premises food and beverage service, casinos, gyms, theaters)

Directive Implementing Executive Orders 2-2020 and 3-2020 and providing for measures to combat the spread of COVID-19 via food and beverage services or casinos

Governor Steve Bullock, Montana (State)

Dates
In force from Mar. 20, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capAlcohol and barsEvents and venues
Functions reached
DR dining room; BA bar and alcohol service; FC fitness facilities; PE performances, theaters; AM amusement, bowling, casinos; TO takeout (permitted); CB customer base
Grade
Primary source read
Days in this quarter
103 (in force on the last day)

The following places are closed to ingress, egress, use, and occupancy by members of the public: Restaurants, food courts, cafes, coffeehouses, and other similar establishments offering food or beverage for on-premises consumption. Alcoholic beverage service businesses, including bars, taverns, brew pubs, breweries, microbreweries, distilleries, wineries, tasting rooms, special licensees, clubs, and other establishments offering alcoholic beverages for on-premises consumption. Cigar bars. Health clubs, health spas, gyms, aquatic centers, pools and hot springs, indoor facilities at ski areas, climbing gyms, fitness studios, and indoor recreational facilities. Movie and performance theaters, nightclubs, concert halls, bowling alleys, bingo halls, and music halls. Casinos.... The places subject to this Directive are permitted and encouraged to offer food and beverage using delivery service…

Enforcement: Mont. Code Ann. 10-3-104; 50-1-202 to -204; the Mar. 24 Directive declares this and later Directives public health orders under 50-1-103(2) enforceable by the Attorney General, DPHHS or a county attorney; 'all inconsistent emergency county health ordinances are preempted by this Directive, but only to the extent they are less restrictive. Counties may adopt more restrictive ordinances.'

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (closure of on-premises food and beverage service, casinos, gyms, theaters) (Mar. 20, 2020) (Ex. MT-005) Open the exhibit

Ex. MT-044
Order of Health Officer March 20, 2020, Amendment of March 16, 2020 Order

Order of Health Officer March 20, 2020 - Amendment of March 16, 2020 Order

John Felton, Health Officer for City-County of Yellowstone, Yellowstone County, Montana (County)

Dates
In force from Mar. 20, 2020 to Jan. 7, 2021
Quarters
2020 Q2
Limitations
Business closureGathering cap
Functions reached
DR; BA; FC; PE; GATH
Grade
Primary source read
Days in this quarter
103 (in force on the last day)

WHEREAS, based upon all of the above, the Governor of the State of Montana, in consultation with public health authorities, has strongly recommended the limiting of all gatherings, specifically avoiding gatherings of more than 10 people (recital, p. 1); amends the Mar. 16 order (operative page not transcribed)

Enforcement: Mont. Code Ann. 50-2-118, -123, -124

Citation: John Felton, Health Officer for City-County of Yellowstone, Order of Health Officer March 20, 2020, Amendment of March 16, 2020 Order (Mar. 20, 2020) (Ex. MT-044) Open the exhibit

Ex. MT-007
Directive Implementing Executive Orders 2-2020 and 3-2020 (closure extensions; social distancing; retail distancing; school closure extended)

Directive Implementing Executive Orders 2-2020 and 3-2020 extending closures and updating social distancing requirements and guidance

Governor Steve Bullock, Montana (State)

Dates
In force from Mar. 24, 2020 to Apr. 10, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capSchools and child careAlcohol and barsWorkplace rules
Functions reached
DR dining room; BA bar; FC fitness; PE theaters; SF sales floor (retail distancing); GATH events (ten-person cap); WF workforce (schools closed)
Grade
Primary source read
Days in this quarter
18

Non-essential social and recreational gatherings of individuals outside of a home or place of residence of greater than ten people are prohibited immediately, if a distance of at least six feet between individuals cannot be maintained.... Effective March 28, 2020, through April 10, 2020, the following places are to remain closed to ingress, egress, use, and occupancy by members of the public [restaurants... bars... cigar bars... gyms... theaters... casinos].... Effective March 28, 2020, all other retail businesses not subject to Section 2 of this Directive shall establish, implement, and enforce social distancing policies sufficient to ensure a minimum of six feet of distance between customers.... All non-residential public schools in Montana are closed through April 10, 2020.

Enforcement: 'This Directive, along with any prior Directive that implements and references the public health authorities of the Department of Public Health and Human Services (DPHHS) provided in Title 50, constitutes a "public health... order" within the meaning of 50-1-103(2), MCA, and is enforceable by the Attorney General, DPHHS, or a county attorney'; less-restrictive local ordinances preempted

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (closure extensions; social distancing; retail distancing; school closure extended) (Mar. 24, 2020) (Ex. MT-007) Open the exhibit

Ex. MT-063
Amendments to Emergency Health Rule Relating to COVID-19, EHR-2020-001 (closures expanded and extended)

Amendments to Emergency Health Rule Relating to COVID-19, EHR-2020-001

Gallatin City-County Board of Health, Gallatin County, Montana (County)

Dates
In force from Mar. 26, 2020 to Apr. 17, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capAlcohol and bars
Functions reached
DR; BA; FC; PE; AM; GATH
Grade
Primary source read
Days in this quarter
23

1. The following places are closed to ingress, egress, use and occupancy by members of the public, effective March 26 at 9:00 p.m. through April 17 at 8:00 a.m.: a. All restaurants, food courts, cafes, coffeehouses and other similar establishments offering food or beverage for on-premises consumption; b. bars, taverns, brew pubs, breweries, microbreweries, distilleries, wineries, tasting rooms, special licensees, clubs, and other establishments offering alcoholic beverages for on-premises consumption... WHEREAS, it is imperative that local governments act in harmony with state government to prevent confusion regarding which establishments are closed and utilize all tools to prevent and delay the spread of COVID-19.

Enforcement: Mont. Code Ann. 50-2-124 (misdemeanor; $10-$200 per violation; each day a separate offense) and 50-2-123 (compliance orders), as recited in EHR-2020-003; recorded Doc. 2676796

Citation: Gallatin City-County Board of Health, Amendments to Emergency Health Rule Relating to COVID-19, EHR-2020-001 (closures expanded and extended) (Mar. 26, 2020) (Ex. MT-063) Open the exhibit

Ex. MT-012
Directive Implementing Executive Orders 2-2020 and 3-2020 (extending certain Directives through April 24, 2020)

Directive implementing Executive Orders 2-2020 and 3-2020 and extending certain Directives through April 24, 2020

Governor Steve Bullock, Montana (State)

Dates
In force from Apr. 7, 2020 to Apr. 24, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTravel and quarantineSchools and child careOther
Functions reached
CB; SF; OF; WF; TV; DR; BA
Grade
Primary source read
Days in this quarter
18

The March 26 Stay at Home Directive and all of its terms are extended through April 24, 2020. The March 30 Directive providing measures to limit foreclosures, evictions, and disconnections from service and all of its terms are extended through April 24, 2020. The March 30 Directive providing mandatory quarantine for certain travelers arriving in Montana from another state or country and all of its terms are extended through April 24, 2020. The restrictions for on-premises food and beverage businesses... provided in the March 24 Directive are extended through April 24, 2020... All non-residential public schools in Montana are closed through April 24, 2020.

Enforcement: Public health order under Mont. Code Ann. 50-1-103(2); less-restrictive local ordinances preempted

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (extending certain Directives through April 24, 2020) (Apr. 7, 2020) (Ex. MT-012) Open the exhibit

Ex. MT-033
Directive implementing Executive Orders 2-2020 and 3-2020 (expansion of openings under Phase One: gyms, pools, theaters, museums; hotel pools)

Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the expansion of openings for certain businesses and facilities under Phase One

Governor Steve Bullock, Montana (State)

Dates
In force from May 15, 2020 to June 1, 2020 (issued May 8, 2020)
Quarters
2020 Q2
Limitations
Business closureCapacity limitWorkplace rules
Functions reached
FC fitness facilities (closed to May 15; reduced capacity after); PE theaters (closed to May 15); AM amenities (hotel pools 50 percent, guests only); CN concessions
Grade
Primary source read
Days in this quarter
18

Effective retroactive to May 5, 2020, pools at licensed public accommodations (hotels, motels, bed and breakfast establishments, tourist homes, etc.) can become operational during Phase I under strict physical distancing and reduced capacity protocols... Effective May 15, 2020, the following businesses can become operational during Phase I under strict physical distancing and reduced capacity protocols in accordance with the Phase One Directive and the Guidance attached to this Directive: Gyms and fitness studios; Pools at gyms; Theaters, including movie theaters; Museums.... Public Accommodation Pools are allowed to operate with reduced capacity of 50% of normal bather load... Only registered guests can use the facility

Enforcement: Operates 'under the same authorities detailed in the Phase One Directive'

Citation: Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (expansion of openings under Phase One: gyms, pools, theaters, museums; hotel pools) (May 8, 2020) (Ex. MT-033) Open the exhibit

Ex. MT-014
Phase Two Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two), with Appendices

Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two

Governor Steve Bullock, Montana (State)

Dates
In force from May 19, 2020 to Nov. 20, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Telework mandateCapacity limitGathering capTravel and quarantineSchools and child careHealth care ordersEvents and venuesWorkplace rulesOther
Functions reached
DR dining room (75 percent); BA bar; FC fitness (75 percent); PE places of assembly (reduced capacity); GATH events (50); OF office (telework); TV travel (quarantine lifted June 1; Guard screening continues); VS visitation (Phase One rules continue); EC child care (24-person cap lifted); SV evictions (vulnerable-population protections continue)
Grade
Primary source read
Days in this quarter
43 (in force on the last day)

Effective June 1, avoid gathering in groups of more than 50 people in circumstances that do not readily allow for appropriate physical distancing.... Groups larger than 50 people should be cancelled unless physical distancing can be maintained.... Vulnerable individuals should continue to adhere to the stay-at-home guidance. All businesses may operate, provided they adhere to physical distancing and the conditions in this Directive, the Phase Two Guidelines, and all other Directives and guidance remaining in effect.... Restaurants, bars, breweries, distilleries and casinos remain in the same operational status as Phase One, but with an increase to 75 percent capacity. Gyms, indoor group fitness classes, pools, and hot tubs can operate at 75 percent capacity and only if they can adhere to strict physical distancing... Concert halls, bowling alleys, and other places of assembly may operate…

Enforcement: 'Directive Is Public Health Order and Enforceable By County Attorney' (Mont. Code Ann. 50-1-103(2)); less-restrictive local ordinances preempted

Citation: Governor Steve Bullock, Phase Two Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two), with Appendices (May 19, 2020) (Ex. MT-014) Open the exhibit

Ex. MT-015
Directive implementing Executive Orders 2-2020 and 3-2020 (Phase Two Directive and Appendix B updates)

6-18-20 Directive - Phase II Directive and Appendix B Updates (State's document title)

Governor Steve Bullock, Montana (State)

Dates
In force from June 18, 2020 to Nov. 17, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Capacity limitGathering capWorkplace rules
Functions reached
DR; BA; FC; PE; GATH
Grade
Confirmed from a secondary source
Days in this quarter
13 (in force on the last day)

Citation: Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (Phase Two Directive and Appendix B updates) (June 18, 2020) (Ex. MT-015) Open the exhibit

Ex. MT-085
County COVID-19 emergency declaration of March 13, 2020 (rescinded July 2021) and county public health rules (masks; gathering limits) tightened January 2021 and no longer enforced after HB 257 (May 2021)

Lewis and Clark County COVID-19 emergency declaration and public health rules

Lewis and Clark County Commissioners; Lewis and Clark City-County Board of Health and Health Officer, Lewis and Clark County (Helena), Montana (County)

Dates
In force from Mar. 13, 2020 to Mar. 13, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationGathering capFace-covering requirement
Functions reached
MASK; GATH; CB
Grade
Confirmed from a secondary source
Days in this quarter
1 (in force on the first day)

The emergency declaration began on March 13, 2020, in response to COVID surging in the county, requesting residents to stay home and to wear a mask (KTVH)

Enforcement: Mont. Code Ann. 50-2-124 (rules); rescinded after HB 257

Citation: Lewis and Clark County Commissioners; Lewis and Clark City-County Board of Health and Health Officer, County COVID-19 emergency declaration of March 13, 2020 (rescinded July 2021) and county public health rules (masks; gathering limits) tightened January 2021 and no longer enforced after HB 257 (May 2021) (Mar. 13, 2020) (Ex. MT-085)

Ex. MT-003
Directive Implementing Executive Orders 2-2020 and 3-2020 (school closure; nursing homes; social distancing; transportation; National Guard)

Directive implementing Executive Orders 2-2020 and 3-2020 and providing measures to combat the spread of COVID-19 Novel Coronavirus

Governor Steve Bullock, Montana (State)

Dates
In force from Mar. 15, 2020 to Mar. 31, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Emergency declarationGathering capSchools and child careHealth care ordersSupply chain
Functions reached
WF workforce (schools closed); VS visitation (nursing homes); GATH events (50-person guidance); SC freight (FMCSA waiver adopted)
Grade
Primary source read
Days in this quarter
108 (in force on the last day)

All non-residential public schools in Montana are closed through March 27, 2020.... Visitation is suspended for all visitors and non-essential healthcare providers, except as for certain compassionate care situations (e.g., end of life).... Limiting all gatherings, especially those gatherings of more than 50 people.... Persons age 60 or older should not participate in any gatherings, especially those gatherings of more than 20 people.... The limited waivers on motor carriers provided in the Federal Motor Carrier Safety Administration's (FMCSA) Emergency Declaration No. 2020-002 are adopted and in effect in Montana

Enforcement: Mont. Code Ann. 10-3-104; later Directives declare the series public health orders enforceable under 50-1-103(2)

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (school closure; nursing homes; social distancing; transportation; National Guard) (Mar. 15, 2020) (Ex. MT-003) Open the exhibit

Ex. MT-043
Order of Health Officer (closing bars, brew pubs, wineries and casinos; food service to takeout and delivery)

Order of Health Officer, March 16, 2020

John Felton, Health Officer for City-County of Yellowstone (RiverStone Health), Yellowstone County (Billings), Montana (County)

Dates
In force from Mar. 16, 2020 to Mar. 23, 2020
Quarters
2020 Q2
Limitations
Business closureAlcohol and barsEvents and venues
Functions reached
DR dining room; BA bar and alcohol service; AM casinos; TO takeout (permitted); CB
Grade
Primary source read
Days in this quarter
8

All bars, brew pubs, wineries, and casinos in Yellowstone County shall be closed. All food service operations, subject to the exceptions below, in Yellowstone County shall be closed except: While remaining closed to dine-in customers, food service operations may continue to provide for take-out and delivery services. Food service establishments that serve a population that depends on it as one of its sole sources of food, such a university dining facility or cafeterias in hospital and care facilities, may continue to operate using necessary-only personnel. This order is effective at 4:00 p.m. Monday, March 16, 2020 through Monday, March 23, 2020 at midnight pending further notification.

Enforcement: Mont. Code Ann. 50-2-118(5) (health officer to 'pursue action with the appropriate court'); 50-2-123 compliance orders; 50-2-124 misdemeanor penalties

Citation: John Felton, Health Officer for City-County of Yellowstone (RiverStone Health), Order of Health Officer (closing bars, brew pubs, wineries and casinos; food service to takeout and delivery) (Mar. 16, 2020) (Ex. MT-043) Open the exhibit

Ex. MT-062
Order of Health Officer HO-2020-001 (closure of bars, brew pubs, wineries, distilleries with tasting rooms and casinos; restaurant dining rooms closed)

Order of Health Officer HO-2020-001, March 16, 2020

Matt Kelley, Health Officer, Gallatin City-County Health Department, Gallatin County (Bozeman; Big Sky), Montana (County)

Dates
In force from Mar. 16, 2020 to Mar. 24, 2020
Quarters
2020 Q2
Limitations
Business closureAlcohol and bars
Functions reached
DR dining room; BA bar and alcohol service; AM casinos; TO takeout (permitted)
Grade
Primary source read
Days in this quarter
9

Orders the closure of all bars, brew pubs, wineries, distilleries with public tasting rooms, and casinos in Gallatin County effective Monday, March 16 at 9 p.m. through March 24. Orders restaurants to close dining room services during the same time period but allows take-out and delivery service to operate (Health Department release of Mar. 16, 2020 describing the order); order recites 'WHEREAS, there is a confirmed case of COVID-19 in Gallatin County'

Enforcement: Mont. Code Ann. 50-2-118(5); recorded with the Gallatin County Clerk and Recorder (Doc. 2675984, Mar. 16, 2020)

Citation: Matt Kelley, Health Officer, Gallatin City-County Health Department, Order of Health Officer HO-2020-001 (closure of bars, brew pubs, wineries, distilleries with tasting rooms and casinos; restaurant dining rooms closed) (Mar. 16, 2020) (Ex. MT-062) Open the exhibit

Ex. MT-078
Health Officer Order closing bars and prohibiting dine-in restaurant service (drive-through, takeout and delivery permitted)

Missoula City-County Health Officer Order of March 16, 2020

Ellen Leahy, Health Officer, Missoula City-County Health Department, Missoula County (Missoula), Montana (County)

Dates
In force from Mar. 17, 2020 to Mar. 24, 2020 (issued Mar. 16, 2020)
Quarters
2020 Q2
Limitations
Business closureAlcohol and bars
Functions reached
DR; BA; TO (permitted)
Grade
Confirmed from a secondary source
Days in this quarter
8

Bars were closed entirely; dine-in restaurant service was prohibited; drive-thru, takeout, and delivery services remained permitted; exemptions applied to essential food services including nursing homes, university dining, and hospitals (KPAX report of the order, effective Tuesday, March 17 through 8 a.m. Tuesday, March 24)

Enforcement: Mont. Code Ann. 50-2-118, -123, -124

Citation: Ellen Leahy, Health Officer, Missoula City-County Health Department, Health Officer Order closing bars and prohibiting dine-in restaurant service (drive-through, takeout and delivery permitted) (Mar. 16, 2020) (Ex. MT-078)

Ex. MT-075
Emergency Health Rule EHR-2020-001 (closure of bars, brew pubs, casinos and restaurant dining rooms extended to Apr. 3, 2020 and expanded to gyms, fitness facilities, athletic centers, workout studios, paintball parlors, ice rinks, indoor climbing, trampoline parks, indoor sporting arenas, cinemas and theatres)

Emergency Health Rule 2020-001 Relating to COVID-19 (adopted at the Board's emergency meeting of March 18, 2020)

Gallatin City-County Board of Health, Gallatin County, Montana (County)

Dates
In force from Mar. 18, 2020 to Apr. 3, 2020
Quarters
2020 Q2
Limitations
Business closureAlcohol and barsEvents and venues
Functions reached
DR; BA; AM; FC; PE
Grade
Confirmed from a secondary source
Days in this quarter
17

also on March 18, 2020, the Gallatin City-County Board of Health (Board) adopted Emergency Health Rule (EHR) 2020-001 requiring certain business establishments in Gallatin County to be closed to the public through April 3, 2020 at 8:00 a.m., pending further notification (recital in EHR-2020-001-A and -B); the Board's Mar. 18 release: 'the board voted to approve an emergency rule that extends the current restrictions placed on bars, brew pubs, casinos, and restaurants to April 3, 2020. The emergency rule also expands the restrictions to include gyms, fitness facilities, athletic centers, workout studios, paintball parlors, ice skating rinks, indoor climbing venues, trampoline parks, indoor sporting arenas, cinemas, and theatres.'

Enforcement: Mont. Code Ann. 50-2-123, -124

Citation: Gallatin City-County Board of Health, Emergency Health Rule EHR-2020-001 (closure of bars, brew pubs, casinos and restaurant dining rooms extended to Apr. 3, 2020 and expanded to gyms, fitness facilities, athletic centers, workout studios, paintball parlors, ice rinks, indoor climbing, trampoline parks, indoor sporting arenas, cinemas and theatres) (Mar. 18, 2020) (Ex. MT-075)

Ex. MT-040
Guidance for Governor's Directive: Businesses that can sell and deliver alcohol for off-premises consumption during state shut down

Businesses that can sell and deliver alcohol for off-premises consumption during state shut down (3.2020)

Montana Department of Revenue, Alcoholic Beverage Control Division, Montana (Sector regulator)

Dates
In force from Mar. 20, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Business closureAlcohol and bars
Functions reached
BA bar and alcohol service (on-premises prohibited; delivery permitted); TO takeout and delivery
Grade
Primary source read
Days in this quarter
103 (in force on the last day)

Only retailers and manufacturers with an active alcoholic beverages license and agency liquor stores with a current franchise agreement can sell alcohol for delivery where the state government has shut down these businesses as a result of the COVID-19 Novel Coronavirus outbreak.

Enforcement: Department of Revenue licensing authority, Title 16

Citation: Montana Department of Revenue, Alcoholic Beverage Control Division, Guidance for Governor's Directive: Businesses that can sell and deliver alcohol for off-premises consumption during state shut down (Mar. 20, 2020) (Ex. MT-040) Open the exhibit

Ex. MT-056
Order, In the Matter of the Statewide Response by Montana State Courts to the COVID-19 Public Health Emergency

In the Matter of the Statewide Response by Montana State Courts to the COVID-19 Public Health Emergency - Order

Supreme Court of the State of Montana (by the Chief Justice), Montana (statewide judiciary) (Court)

Dates
In force from Mar. 27, 2020 to Apr. 10, 2020
Quarters
2020 Q2
Limitations
Gathering capCourts and public offices
Functions reached
CT courts (jury trials suspended; civil matters continued; remote hearings); CL closings and litigation-dependent transactions; SV collections and foreclosure actions (courts)
Grade
Primary source read
Days in this quarter
15

Governor Bullock has now directed all Montana citizens, unless exempt as providers of essential services, to shelter in place through April 10, 2020. Montana courts are providers of essential services, and as such, the courts shall remain open. Many court facilities in Montana are ill-equipped to effectively comply with social distancing and other public health requirements; therefore, continued in-person court appearances jeopardize the health and safety of litigants, attorneys, judges, court staff, and members of the public.... 16. Nothing in this Order limits the authority of courts to adopt measures to protect health and safety that are more restrictive than this order... 17.... This Order shall be automatically extended if the Governor extends the shelter in place directive issued on March 26, 2020. DATED this 27th day of March, 2020.

Enforcement: Order of the Supreme Court binding on all State courts; per the Legislative Services Division summary (Apr. 6, 2020) it 'requires that all civil jury trials be suspended until April 10', 'requires that all nonemergency civil matters be continued until after April 10', 'requires that all emergency civil matters be held by telephone or video means unless it is impossible', 'suspends all criminal…

Citation: Supreme Court of the State of Montana (by the Chief Justice), Order, In the Matter of the Statewide Response by Montana State Courts to the COVID-19 Public Health Emergency (Mar. 27, 2020) (Ex. MT-056) Open the exhibit

Ex. MT-025
Directive Implementing Executive Orders 2-2020 and 3-2020 (childcare designated essential; operating requirements)

Directive Implementing Executive Orders 2-2020 and 3-2020 designating childcare an Essential Business and Operation and Activity and imposing requirements for operation

Governor Steve Bullock, Montana (State)

Dates
In force from Apr. 1, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Capacity limitSchools and child careWorkplace rules
Functions reached
EC child care (emergency operation; 24-person cap); WF workforce (child-care availability)
Grade
Primary source read
Days in this quarter
91 (in force on the last day)

designating childcare an Essential Business and Operation and Activity and imposing requirements for operation (title); 'This Directive provides additional guidance related to childcare activities and is intended to supplement my Directive dated March 26, 2020'; the Phase Two Directive confirms 'the 24-person cap per facility no longer applies effective June 1'

Enforcement: Public health order series under Mont. Code Ann. 50-1-103(2)

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (childcare designated essential; operating requirements) (Apr. 1, 2020) (Ex. MT-025) Open the exhibit

Ex. MT-029
DPHHS legal memorandum: Application of March 26, 2020, Directive to craft and hobby stores

Application of March 26, 2020, Directive to craft and hobby stores

DPHHS Office of Legal Affairs (Nick Domitrovich, Deputy Chief Legal Counsel; Robert Lishman, Staff Attorney), Montana (State)

Dates
In force from Apr. 7, 2020 to Apr. 27, 2020
Quarters
2020 Q2
Limitations
Business closure
Functions reached
SF sales floor (retail closure); CU curbside
Grade
Primary source read
Days in this quarter
21

This memorandum addresses whether craft and hobby stores constitute non-essential businesses that must cease retail operations under Governor Bullock's March 26, 2020, Directive

Enforcement: Guidance to the enforcing agency on the Directive's coverage

Citation: DPHHS Office of Legal Affairs (Nick Domitrovich, Deputy Chief Legal Counsel; Robert Lishman, Staff Attorney), DPHHS legal memorandum: Application of March 26, 2020, Directive to craft and hobby stores (Apr. 7, 2020) (Ex. MT-029) Open the exhibit

Ex. MT-030
DPHHS legal memorandum: Application of March 26, 2020, Directive to vaping and tobacco product businesses

Application of March 26, 2020, Directive to vaping and tobacco product businesses

DPHHS Office of Legal Affairs, Montana (State)

Dates
In force from Apr. 9, 2020 to Apr. 27, 2020
Quarters
2020 Q2
Limitations
Business closure
Functions reached
SF sales floor
Grade
Primary source read
Days in this quarter
19

This memorandum addresses whether vape and tobacco shops constitute non-essential businesses that must cease retail operations under Governor Bullock's March 26, 2020, Directive

Enforcement: Guidance to the enforcing agency

Citation: DPHHS Office of Legal Affairs, DPHHS legal memorandum: Application of March 26, 2020, Directive to vaping and tobacco product businesses (Apr. 9, 2020) (Ex. MT-030) Open the exhibit

Ex. MT-065
Amended Emergency Local Health Rule Relating to COVID-19, EHR-2020-001-A, Establishment Restrictions (closures extended through April 24, 2020)

Amended Emergency Local Health Rule Relating to COVID-19, EHR-2020-001-A, Establishment Restrictions

Gallatin City-County Board of Health, Gallatin County, Montana (County)

Dates
In force from Apr. 15, 2020 to Apr. 24, 2020
Quarters
2020 Q2
Limitations
Business closureAlcohol and bars
Functions reached
DR; BA; FC; PE; AM
Grade
Primary source read
Days in this quarter
10

WHEREAS, the Board desires to further amend EHR 2020-001, consistent with Governor Bullock's April 7, 2020 directive, to extend the closure of the business establishments identified in EHR 2020-001 through April 24, 2020; WHEREAS, pursuant to Section 50-2-116(1)(g), Montana Code Annotated (MCA), the Gallatin City-County Board of Health has the duty to 'protect the public from the introduction and spread of communicable disease'

Enforcement: Mont. Code Ann. 50-2-123, -124; recorded Doc. 2678548

Citation: Gallatin City-County Board of Health, Amended Emergency Local Health Rule Relating to COVID-19, EHR-2020-001-A, Establishment Restrictions (closures extended through April 24, 2020) (Apr. 15, 2020) (Ex. MT-065) Open the exhibit

Ex. MT-067
Amended Emergency Local Health Rule Relating to COVID-19, EHR-2020-001-B, Establishment Restrictions (closures extended through April 30, 2020)

Amended Emergency Local Health Rule Relating to COVID-19, EHR-2020-001-B, Establishment Restrictions

Gallatin City-County Board of Health, Gallatin County, Montana (County)

Dates
In force from Apr. 23, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Business closureAlcohol and bars
Functions reached
DR; BA; FC; PE; AM
Grade
Primary source read
Days in this quarter
8

WHEREAS, on April 15, 2020, the Board amended EHR 2020-001, consistent with Governor Bullock's April 7, 2020 directive, by extending the closure of the business establishments identified in the emergency health rule through April 24, 2020; WHEREAS, the Board now desires to extend EHR 2020-001 through April 30, 2020, in order to protect the public from the spread of communicable disease and to provide time to plan

Enforcement: Mont. Code Ann. 50-2-123, -124; recorded Doc. 2679379

Citation: Gallatin City-County Board of Health, Amended Emergency Local Health Rule Relating to COVID-19, EHR-2020-001-B, Establishment Restrictions (closures extended through April 30, 2020) (Apr. 23, 2020) (Ex. MT-067) Open the exhibit

Ex. MT-058
Revised Memorandum of the Chief Justice, April 27, 2020 (court practices after May 4, 2020)

Montana Supreme Court, For Immediate Release, April 27, 2020 (COVID-19 Revised Memo from Chief Justice McGrath)

Chief Justice Mike McGrath, Supreme Court of Montana, Montana (statewide judiciary) (Court)

Dates
In force from May 4, 2020 to May 22, 2020 (issued Apr. 27, 2020)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Gathering capCourts and public officesWorkplace rules
Functions reached
CT courts (remote hearings; 14-person limit; screening); CL; SV
Grade
Primary source read
Days in this quarter
19

I am asking courts to implement the following practices, at a minimum, after May 4, 2020: 1. Continue using remote-hearing or telephonic hearings for most cases, which will allow you to limit the number of people in a courthouse and in a courtroom.... 2. Physical distancing in courthouses, courtrooms and offices must be maintained. A minimum of six feet between individuals must be maintained with no more than 14 people in circumstances that do not readily allow for appropriate physical distancing.... 3. Courts must work with local public health officials to determine how to screen individuals entering the courthouse.... 4. Hand sanitizer must be widely available in public spaces and in courtrooms

Enforcement: Supervisory direction of the Chief Justice

Citation: Chief Justice Mike McGrath, Supreme Court of Montana, Revised Memorandum of the Chief Justice, April 27, 2020 (court practices after May 4, 2020) (Apr. 27, 2020) (Ex. MT-058) Open the exhibit

Ex. MT-059
Letter of the Chief Justice, May 22, 2020 (Phase Two court practices; eviction guidance)

Montana Supreme Court, For Immediate Release, May 22, 2020, to Montana District Court Judges and Clerks, Montana Water Court, Montana Courts of Limited Jurisdiction Judges

Chief Justice Mike McGrath, Supreme Court of Montana, Montana (statewide judiciary) (Court)

Dates
In force from June 1, 2020 to Dec. 21, 2020 (issued May 22, 2020)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Gathering capCourts and public offices
Functions reached
CT courts; PM evictions (court guidance)
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

The Governor has further modified his order moving the state to Phase Two effective June 1, 2020.... Many components of the extension to Phase Two do not change the directions provided on April 27, 2020. The order allows local public health officials to impose more stringent requirements requiring courts to stay in contact with local public health officials.... Judges presiding over landlord tenant cases should review the section of the executive's directive governing evictions... I am asking courts to continuing implementing the following practices, at a minimum, moving forward: 1. Continue using remote-hearing or telephonic hearings for cases

Enforcement: Supervisory direction

Citation: Chief Justice Mike McGrath, Supreme Court of Montana, Letter of the Chief Justice, May 22, 2020 (Phase Two court practices; eviction guidance) (Ex. MT-059) Open the exhibit

Ex. MT-001
Executive Order No. 2-2020

Executive Order Declaring a State of Emergency to Exist Within the State of Montana Related to the Communicable Disease COVID-19 Novel Coronavirus

Governor Steve Bullock, Montana (State)

Dates
In force from Mar. 12, 2020 to Jan. 13, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Emergency declaration
Functions reached
predicate for all MT restrictions
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

EXECUTIVE ORDER DECLARING A STATE OF EMERGENCY TO EXIST WITHIN THE STATE OF MONTANA RELATED TO THE COMMUNICABLE DISEASE COVID-19 NOVEL CORONAVIRUS... WHEREAS, proactively implementing mitigation measures to slow the spread of the virus is in the best interests of the State of Montana and its people

Enforcement: Predicate for the Governor's powers under Mont. Code Ann. 10-3-104(2) (suspend regulatory statutes; control ingress and egress, movement of persons and occupancy of premises) invoked in every Directive

Citation: Governor Steve Bullock, Executive Order No. 2-2020 (Mar. 12, 2020) (Ex. MT-001) Open the exhibit

Ex. MT-002
Executive Order No. 3-2020

Executive Order Amending Executive Order 2-2020 (COVID-19 Emergency Declaration) to incorporate the President's March 13, 2020 national emergency declaration

Governor Steve Bullock, Montana (State)

Dates
In force from Mar. 13, 2020 to Jan. 13, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Emergency declaration
Functions reached
predicate for all MT restrictions
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

Amending Executive Order 2-2020... COVID-19 Emergency Declaration (title); every subsequent Directive is issued 'implementing Executive Orders 2-2020 and 3-2020'

Enforcement: Predicate; see MT-001

Citation: Governor Steve Bullock, Executive Order No. 3-2020 (Mar. 13, 2020) (Ex. MT-002) Open the exhibit

Ex. MT-004
Directive Implementing Executive Orders 2-2020 and 3-2020 (additional direction on school closures)

Directive Implementing Executive Orders 2-2020 and 3-2020 and providing additional direction related to school closures

Governor Steve Bullock, Montana (State)

Dates
In force from Mar. 19, 2020 to Jan. 13, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Schools and child care
Functions reached
WF workforce (remote learning at home); IN in-person instruction
Grade
Primary source read
Days in this quarter
104 (in force on the last day)

Requirements for pupil instruction time through March 27 are waived.... Districts are expected to use this two-week period to plan and implement ways to provide students with (1) quality public education through remote learning, (2) school meals, (3) services to students with disabilities

Enforcement: Mont. Code Ann. 10-3-104 waiver conditions; funding conditioned on approved plans

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (additional direction on school closures) (Mar. 19, 2020) (Ex. MT-004) Open the exhibit

Ex. MT-023
Directive Implementing Executive Orders 2-2020 and 3-2020 (expanded telehealth)

Directive Implementing Executive Orders 2-2020 and 3-2020 and providing for expanded telehealth

Governor Steve Bullock, Montana (State)

Dates
In force from Mar. 20, 2020 to Feb. 12, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Health care orders
Functions reached
TM telehealth under waivers; CL clinical intake (in-person visits displaced); CB payers (parity)
Grade
Primary source read
Days in this quarter
103 (in force on the last day)

providing for expanded telehealth (title); health care professionals permitted to deliver telemedicine by all modes including audio-only with coverage 'equivalent to the coverage for services that are provided in person' (text as carried into MT-021)

Enforcement: Mont. Code Ann. 10-3-104(2)(a) suspension of board telehealth rules

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (expanded telehealth) (Mar. 20, 2020) (Ex. MT-023) Open the exhibit

Ex. MT-055
Letter from the Chief Justice to Montana Courts of Limited Jurisdiction Judges (release of jail populations; remote hearings)

Letter of March 20, 2020 to Montana Courts of Limited Jurisdiction Judges

Chief Justice Mike McGrath, Supreme Court of Montana, Montana (statewide judiciary) (Court)

Dates
In force from Mar. 20, 2020 to Mar. 27, 2020
Quarters
2020 Q2
Limitations
Courts and public offices
Functions reached
CT courts (remote hearings; jail releases)
Grade
Primary source read
Days in this quarter
8

Because of the high risk of transmittal of COVID-19, not only to prisoners within correctional facilities but staff and defense attorneys as well, we ask that you review your jail rosters and release, without bond, as many prisoners as you are able, especially those being held for non-violent offenses.... We ask that you follow the provisions of the Memorandum sent out March 17. Conducting as many hearings as you can using video and other remote technology will curtail the risk of exposure and transmission of the virus.

Enforcement: Supervisory direction.

Citation: Chief Justice Mike McGrath, Supreme Court of Montana, Letter from the Chief Justice to Montana Courts of Limited Jurisdiction Judges (release of jail populations; remote hearings) (Mar. 20, 2020) (Ex. MT-055) Open the exhibit

Ex. MT-006
Directive Implementing Executive Orders 2-2020 and 3-2020 (hospital surge capacity; procurement; patient transfer)

Directive Implementing Executive Orders 2-2020 and 3-2020 and providing for measures to ease the procurement of medical supplies and hospital space and to ease the transfer of patients with COVID-19 to appropriate medical facilities

Governor Steve Bullock, Montana (State)

Dates
In force from Mar. 23, 2020 to Feb. 12, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Health care ordersSupply chain
Functions reached
IP inpatient units and surge capacity; SC supply chain (PPE, patient space)
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

Only to the extent necessary to respond to the emergency, such as the procurement of additional patient space or necessary medical supplies, compliance with the following procurement authorities are temporarily waived: The Montana Procurement Act... Only as it pertains to patients suspected or confirmed to have been infected with COVID-19, strict compliance with the reporting requirements of ARM 37.114.306 related to the transportation of communicable disease cases is waived

Enforcement: Mont. Code Ann. 10-3-104(2)(a) suspension power

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (hospital surge capacity; procurement; patient transfer) (Mar. 23, 2020) (Ex. MT-006) Open the exhibit

Ex. MT-008
Directive Implementing Executive Orders 2-2020 and 3-2020 (operation of local government)

Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures for the operation of local government

Governor Steve Bullock, Montana (State)

Dates
In force from Mar. 24, 2020 to Feb. 12, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public officesOther
Functions reached
CT courts, agencies, recorders (office hours; deadlines); PM permits, inspections and plan review (Title 76 deadlines tolled); CL closings and recorders
Grade
Primary source read
Days in this quarter
99 (in force on the last day)

Local governments may modify the hours that their offices are open for the transaction of business. Strict compliance with 7-4-2211, MCA, 3-6-106, MCA, 7-4-102, MCA, and other related statutes governing the business hours of local governments in Montana are suspended during the emergency... Local governments may toll and hold in abeyance certain deadlines provided in state law and regulation including... Title 76 - Land Resources and Use Chapters 1-8... Deadlines already running when the statewide state of emergency was declared on March 12, 2020, are tolled as of March 12, 2020.

Enforcement: Mont. Code Ann. 10-3-104(2)(a) suspension of statutes

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (operation of local government) (Mar. 24, 2020) (Ex. MT-008) Open the exhibit

Ex. MT-024
Directive Implementing Executive Orders 2-2020 and 3-2020 (relief of certain regulatory requirements; commercial carriers)

Directive Implementing Executive Orders 2-2020 and 3-2020 and providing for relief of certain regulatory requirements

Governor Steve Bullock, Montana (State)

Dates
In force from Mar. 27, 2020 to Feb. 12, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Supply chainOther
Functions reached
DR drivers and routes; SC supply chain; PT freight
Grade
Primary source read
Days in this quarter
96 (in force on the last day)

hours of service and Electronic Logging Device regulations suspended for drivers transporting farm inputs, food, livestock, feed/hay and medical supplies; commercial vehicle weight limits increased by 10 percent for vehicles providing supplies to support the emergency response (terms as carried into MT-021)

Enforcement: Mont. Code Ann. 10-3-104(2)(a); the Directive 'serves as the special permit needed for the increase in weight'

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (relief of certain regulatory requirements; commercial carriers) (Mar. 27, 2020) (Ex. MT-024) Open the exhibit

Ex. MT-010
Directive Implementing Executive Orders 2-2020 and 3-2020 (mandatory quarantine for travelers arriving from another state or country)

Directive Implementing Executive Orders 2-2020 and 3-2020 and providing mandatory quarantine for certain travelers arriving in Montana from another state or country

Governor Steve Bullock, Montana (State)

Dates
In force from Mar. 30, 2020 to Apr. 10, 2020
Quarters
2020 Q2
Limitations
Travel and quarantineQuarantine and isolation
Functions reached
TV travel demand (leisure and non-work travel into Montana quarantined); LG lodging and short-term rentals; CB out-of-state customer base; MK events and shows
Grade
Primary source read
Days in this quarter
12

Any person coming to Montana from another state or country for a non-work-related purpose must immediately self-quarantine for 14 days. If a person will be present in Montana for fewer than 14 days, that person must self-quarantine for the duration of the visit.... The Montana Department of Commerce will advise persons listing hotels, rental properties, or other short-term rentals in Montana--including but not limited to listings on such services as Airbnb, VRBO, HomeAway, and related services--to include notice of the mandatory quarantine... These quarantine restrictions do not apply... to persons traveling through Montana en route to another destination; or to public health, public safety, or healthcare workers... The Montana National Guard is authorized to conduct temperature checks, assess individuals for COVID-19 symptoms, and to inquire about the exposure history... of any traveler…

Enforcement: Public health order under Mont. Code Ann. 50-1-103(2), 'enforceable by the Attorney General, DPHHS, a county attorney, or other local authorities under the direction of a county attorney'; less-restrictive local ordinances preempted

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (mandatory quarantine for travelers arriving from another state or country) (Mar. 30, 2020) (Ex. MT-010) Open the exhibit

Ex. MT-011
Directive Implementing Executive Orders 2-2020 and 3-2020 (limits on foreclosures, evictions and disconnections from service)

Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to limit foreclosures, evictions, and disconnections from service

Governor Steve Bullock, Montana (State)

Dates
In force from Mar. 30, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Courts and public officesOther
Functions reached
SV servicing, collections, foreclosure (prohibited); PM property management (evictions prohibited); CL closings (trustee's sales halted); CT courts (stays requested)
Grade
Primary source read
Days in this quarter
93 (in force on the last day)

For the duration of this Directive and except as provided herein, there shall be no actions for termination of a tenancy, possession, unlawful holdover, or rent involving a residential dwelling tenancy. No writ, judgment, or order requiring a tenant or authorized guest to surrender or vacate the premises shall be enforced.... no trustee's sale, sheriff's sale, or other involuntary sale of residential real property... shall proceed.... no business or political subdivision of the State supplying electricity, gas, sewage disposal, water, telephone, or internet services... shall terminate that service.

Enforcement: 'This Directive supersedes, suspends, or preempts any conflicting state or local statute, rule, ordinance, or order'; no default judgment may be entered in covered actions

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (limits on foreclosures, evictions and disconnections from service) (Mar. 30, 2020) (Ex. MT-011) Open the exhibit

Ex. MT-026
Directive implementing Executive Orders 2-2020 and 3-2020 (state correctional and state-contracted correctional facilities)

Directive implementing Executive Orders 2-2020 and 3-2020 related to state correctional and state-contracted correctional facilities

Governor Steve Bullock, Montana (State)

Dates
In force from Apr. 1, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public officesQuarantine and isolationOther
Functions reached
CR counseling and visitation (prisons); CT courts (transports and hearings); PL placements at correctional client sites
Grade
Primary source read
Days in this quarter
91 (in force on the last day)

suspend all transfers of inmates into department facilities unless certain conditions were met... observing a 14-day quarantine of incoming inmates and limiting out-of-state transfers to the 'most pressing or severe cases' (as summarized by the Legislative Services Division, Apr. 6, 2020); visitation restricted; off-site appointments limited to urgent medical needs (terms as carried into MT-021)

Enforcement: Mont. Code Ann. 10-3-104(2)(a); jail-hold statutory cap suspended

Citation: Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (state correctional and state-contracted correctional facilities) (Apr. 1, 2020) (Ex. MT-026) Open the exhibit

Ex. MT-027
Directive Implementing Executive Orders 2-2020 and 3-2020 (medical marijuana)

Directive Implementing Executive Orders 2-2020 and 3-2020 and providing measures related to the provision and regulation of medical marijuana

Governor Steve Bullock, Montana (State)

Dates
In force from Apr. 1, 2020 to Mar. 31, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Health care ordersOther
Functions reached
SF dispensary sales floor; DL delivery
Grade
Primary source read
Days in this quarter
91 (in force on the last day)

providing measures related to the provision and regulation of medical marijuana (title); recites the Mar. 26 Directive's six-foot requirement 'particularly in enclosed spaces'

Enforcement: Mont. Code Ann. 10-3-104(2)(a)

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (medical marijuana) (Apr. 1, 2020) (Ex. MT-027) Open the exhibit

Ex. MT-028
Directive implementing EOs 2-2020 and 3-2020 (Apr. 2, 2020)

Directive implementing Executive Orders 2-2020 and 3-2020 and suspending certain requirements pertaining to online and mail-in driver's licenses renewals

Governor Steve Bullock, Montana (State)

Dates
In force from Apr. 2, 2020 to Mar. 31, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Courts and public offices
Functions reached
DM motor-vehicle offices (in-person renewals displaced); HR CDL and licensing
Grade
Primary source read
Days in this quarter
90 (in force on the last day)

suspending certain requirements pertaining to online and mail-in driver's licenses renewals (title); 'the suspensions requested will, in conjunction with my March 17, 2020 Directive extending the expiration [of driver licenses]...' (recital)

Enforcement: Mont. Code Ann. 10-3-104(2)(a)

Citation: Governor Steve Bullock, Directive implementing EOs 2-2020 and 3-2020 (Apr. 2, 2020) (Ex. MT-028) Open the exhibit

Ex. MT-064
Order of Health Officer HO-2020-002, Quarantine and Isolation

Order of Health Officer HO-2020-002, Quarantine and Isolation, April 7, 2020

Matt Kelley, Health Officer, Gallatin City-County Health Department, Gallatin County, Montana (County)

Dates
In force from Apr. 7, 2020 to Apr. 15, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Quarantine and isolation
Functions reached
WF workforce (quarantine of exposed employees); HR; QUAR
Grade
Primary source read
Days in this quarter
9

WHEREAS, except as delineated therein, Governor Bullock's directive requires all individuals living within Montana to stay at home or at their place of residence to the greatest extent possible, and prohibits non-essential social and recreational gatherings of individuals outside of a home or place of residence, regardless of size (recital); orders quarantine of symptomatic and exposed persons and isolation of positive cases (title and Board notice of Apr. 16, 2020)

Enforcement: Mont. Code Ann. 50-2-118(5); 50-2-124

Citation: Matt Kelley, Health Officer, Gallatin City-County Health Department, Order of Health Officer HO-2020-002, Quarantine and Isolation (Apr. 7, 2020) (Ex. MT-064) Open the exhibit

Ex. MT-066
Emergency Local Health Rule Relating to COVID-19, EHR-2020-002, Quarantine and Isolation

Gallatin City-County Board of Health, Gallatin County, Montana (County)

Dates
In force from Apr. 15, 2020 to Mar. 31, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Quarantine and isolation
Functions reached
WF workforce (quarantine and isolation of employees); HR; QUAR
Grade
Primary source read
Days in this quarter
77 (in force on the last day)

On April 15, 2020, the Gallatin City-County Board of Health adopted Emergency Local Health Rule (EHR) 2020-002 ordering the Quarantine of individuals with COVID-19 symptoms who have a test pending or who are identified as a close contact of someone who is a known case for COVID-19, and ordering the Isolation of individuals who test positive for COVID-19. The emergency local health rule was adopted to deal with COVID-19, an emergency situation affecting the public health, safety and welfare of the residents of Gallatin County and to provide for additional enforcement mechanisms provided under Section 50-2-124, Montana Code Annotated (MCA). (Board notice of Apr. 16, 2020)

Enforcement: Mont. Code Ann. 50-2-124 misdemeanor penalties

Citation: Gallatin City-County Board of Health, Emergency Local Health Rule Relating to COVID-19, EHR-2020-002, Quarantine and Isolation (Apr. 15, 2020) (Ex. MT-066) Open the exhibit

Ex. MT-031
Directive implementing Executive Orders 2-2020 and 3-2020 (easing licensing requirements for health care providers)

Directive implementing Executive Orders 2-2020 and 3-2020 and easing licensing requirements for health care providers during the emergency

Governor Steve Bullock, Montana (State)

Dates
In force from Apr. 21, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Health care orders
Functions reached
HR credentialing and travel staff
Grade
Primary source read
Days in this quarter
71 (in force on the last day)

easing licensing requirements for health care providers during the emergency (title); reactivation of inactive or retired licenses and temporary practice permits without fee (terms as carried into MT-021)

Enforcement: Mont. Code Ann. 10-3-104(2)(a)

Citation: Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (easing licensing requirements for health care providers) (Apr. 21, 2020) (Ex. MT-031) Open the exhibit

Ex. MT-057
Memorandum of the Chief Justice, April 22, 2020 (extending the March 27 Order to May 4, 2020)

Montana Supreme Court, For Immediate Release, April 22, 2020, to Montana District Court Judges and Clerks, Montana Water Court, Montana Courts of Limited Jurisdiction Judges

Chief Justice Mike McGrath, Supreme Court of Montana, Montana (statewide judiciary) (Court)

Dates
In force from Apr. 22, 2020 to May 4, 2020
Quarters
2020 Q2
Limitations
Courts and public offices
Functions reached
CT courts
Grade
Primary source read
Days in this quarter
13

As you know, the Governor has modified the Shelter in Place Order effective April 26, 2020, but with barriers precluding the full return to normal in the court system. The Supreme Court is extending its March 27, 2020 order until May 4, 2020, to allow courts time to plan for a gradual reopening for necessary in-person work and to consult with local public health officials about any local requirements.

Enforcement: Supervisory order

Citation: Chief Justice Mike McGrath, Supreme Court of Montana, Memorandum of the Chief Justice, April 22, 2020 (extending the March 27 Order to May 4, 2020) (Apr. 22, 2020) (Ex. MT-057) Open the exhibit

Ex. MT-032
Montana Directive of May 7, 2020 (congregate care)

Directive implementing Executive Orders 2-2020 and 3-2020 and providing for measures to maintain health and safety in foster or congregate care while combatting COVID-19

Governor Steve Bullock, Montana (State)

Dates
In force from May 7, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Health care ordersWorkplace rules
Functions reached
HR hiring and background checks; RS residential care (cohorting; alternative settings); IC infection control
Grade
Primary source read
Days in this quarter
55 (in force on the last day)

measures to maintain health and safety in foster or congregate care while combatting COVID-19 (title); name-based background checks in lieu of fingerprinting where fingerprinting services are unavailable; training, staffing and premises waivers to accommodate quarantine and isolation (terms as carried into MT-021)

Enforcement: Mont. Code Ann. 10-3-104(2)(a)

Citation: Governor Steve Bullock, Montana Directive of May 7, 2020 (congregate care) (Ex. MT-032) Open the exhibit

Ex. MT-034
Directive implementing Executive Orders 2-2020 and 3-2020 (senior living and assisted living facilities visitation)

Directive implementing Executive Orders 2-2020 and 3-2020 and providing measures related to senior living and assisted living facilities

Governor Steve Bullock, Montana (State)

Dates
In force from June 25, 2020 to July 13, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Health care orders
Functions reached
VS visitation; RS residential care admissions and cohorting; DN dining and activities
Grade
Primary source read
Days in this quarter
6 (in force on the last day)

Since the initial March 15, 2020 Directive implementing Executive Orders 2-2020 and 3-2020, all non-essential visitation to nursing home facilities has been suspended. On April 22, 2020, I issued a [Directive continuing the prohibition]... On May 18, 2020, the Centers for Medicare and Medicaid Services (CMS) issued a guidance (recitals); the Directive permits limited visitation under conditions set out with the Work Group Guidance

Enforcement: Public health order series under Mont. Code Ann. 50-1-103(2)

Citation: Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (senior living and assisted living facilities visitation) (June 25, 2020) (Ex. MT-034) Open the exhibit

Ex. MT-041
Supervisory Memorandum and Order Rescinding Proclamation (branch closure Proclamations of Mar. 13, 2020 and Jan. 15, 2021)

Supervisory Memorandum to Montana State-Chartered Banks and Credit Unions: Proclamation Rescinded; Order Rescinding Proclamation

Montana Division of Banking and Financial Institutions, Commissioner Melanie G. Hall, Montana (Sector regulator)

Dates
In force from July 12, 2021; end: n/a (terminating instrument); the Proclamations it rescinds ran Mar. 13, 2020 to…
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationOther
Functions reached
BR branches and lobbies (closure permitted Mar. 13, 2020 - July 12, 2021); AT ATM and drive-up (required to continue)
Grade
Primary source read
Days in this quarter
0

Whereas, on March 13, 2020, and on January 15, 2021, the Commissioner of the Montana Division of Banking and Financial Institutions issued a Proclamation based on the state of emergency due to COVID-19 in Montana. The Proclamation allowed all state chartered banks and credit unions to close any office, if the institution deemed it necessary to protect the health and safety of their employees and customers. Institutions had to continue to provide essential banking services to customers through ATMs, drive through windows and/or mobile banking applications.... Now, therefore, I, Melanie G. Hall, Commissioner... hereby rescind the proclamation dated January 15, 2021, effective immediately.

Enforcement: 'Banks in Montana that need to close any office will need to follow the regular statutory procedure to do so'

Citation: Montana Division of Banking and Financial Institutions, Commissioner Melanie G. Hall, Supervisory Memorandum and Order Rescinding Proclamation (branch closure Proclamations of Mar. 13, 2020 and Jan. 15, 2021) (July 12, 2021) (Ex. MT-041) Open the exhibit

Agencies, boards and authorities: Montana

Ex. AGY-ST-TRADE-BOARDS-060
Order, In re Rules for Admission to the Bar of Montana, No. AF 11-0244 (June 17, 2020), adopting Temporary Rules for Admission to the Bar of Montana (provisional admission for candidates unable or unwilling to sit for the July 28-29, 2020 exam)

In re Rules for Admission to the Bar of Montana - Order adopting Temporary Rules for Admission to the Bar of Montana

Supreme Court of Montana (McGrath, C.J., and six Justices), Montana; Supreme Court of Montana (bar admission) (Court)

Dates
In force from June 17, 2020 to Mar. 31, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Gathering capCourts and public officesOther
Functions reached
HR law firm hiring of 2020 graduates by provisional admission; GATH July 2020 in-person sitting avoided by provisional admittees; CS client representation by provisional admittees
Grade
Primary source read
Days in this quarter
14 (in force on the last day)

IT IS ORDERED that the Petition to Adopt Temporary Rules for the Admission to the Bar of Montana is GRANTED, and the attached Rules are ADOPTED, effective immediately.... A. Purpose 1. In light of the extraordinary circumstances created by the global pandemic of COVID-19, some candidates will be unable or unwilling to sit in person for the Montana Uniform Bar Examination and will choose to defer until the next administration of the exam. 2. Postponing the bar examination may impair the livelihoods of those persons as well as the lawyers and law firms who intended to employ those persons. 3. Through provisional admission of eligible persons, the Court seeks to mitigate the economic hardships for those candidates

Enforcement: Court order

Citation: Supreme Court of Montana (McGrath, C.J., and six Justices), Order, In re Rules for Admission to the Bar of Montana, No. AF 11-0244 (June 17, 2020), adopting Temporary Rules for Admission to the Bar of Montana (provisional admission for candidates unable or unwilling to sit for the July 28-29, 2020 exam) (Ex. AGY-ST-TRADE-BOARDS-060) Open the exhibit

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

Federal layer

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332
General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-333
General Order 72-6

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563 and F880 survey enforcement

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

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

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

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

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

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

Enforcement: same as FED-027

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

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

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-202
Proclamation 9993

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-203
Proclamation 9996

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

President Donald J. Trump, United States (Federal)

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

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

Enforcement: Sec. 3 implementation by State and DHS

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

Ex. FED-311
Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

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

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

Enforcement: court order

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

Ex. FED-367
Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

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

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

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

Enforcement: VA program guidance to participants

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

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

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

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

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

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

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

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

Ex. FED-070
Executive Order 13909

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

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

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

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

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

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

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

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

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

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

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

Enforcement: OMB directive to awarding agencies

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

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

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

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

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

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

Enforcement: order of the Court

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

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

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

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

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

Enforcement: USDA program requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: 42 U.S.C. § 271

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

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

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

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

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

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

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

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

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

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

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

State of Montana

Ex. MT-016
Face Covering Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the mandatory use of face coverings in certain settings)

Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the mandatory use of face coverings in certain settings

Governor Steve Bullock, Montana (State)

Dates
In force from July 15, 2020 to Mar. 31, 2021
Quarters
2020 Q32020 Q42021 Q1
Limitations
Gathering capFace-covering requirementWorkplace rules
Functions reached
SF sales floor; DR dining room; SL salon; OF public-facing offices; MK organized outdoor events of 50 or more; HR (face coverings to be provided to employees); CB customers
Grade
Primary source read
Days in this quarter
78 (in force on the last day)

Except as provided in section 4 of this Directive, all businesses, government offices, or other persons responsible for indoor spaces open to the public shall require and take reasonable measures to ensure that all employees, contractors, volunteers, customers, or other members of the public wear a face covering that covers their mouth and nose at all times while entering or remaining in any indoor spaces open to the public. Face coverings shall be provided for all employees and volunteers. All points of entry open to the public shall have a clearly visible sign posted stating: "Mask or face covering use required for ages five and older."... for any organized outdoor activity where social distancing is not possible or is not observed, sponsors shall require and take reasonable measures to ensure that all persons attending an organized outdoor activity wear a face covering... The…

Enforcement: '5. Enforcement. This Directive... constitutes a "public health... order" within the meaning of 50-1-103(2), MCA, and is enforceable by the Attorney General, DPHHS, a county attorney, or other local authorities under the direction of a county attorney.... This Directive is enforceable only against businesses and other persons who are responsible for indoor spaces open to the public, or sponsors of…

Citation: Governor Steve Bullock, Face Covering Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the mandatory use of face coverings in certain settings) (July 15, 2020) (Ex. MT-016) Open the exhibit

Ex. MT-046
Order of Health Officer August 18, 2020 (school-sanctioned sports and activities)

Order of Health Officer August 18, 2020

John Felton, Health Officer for City-County of Yellowstone, Yellowstone County, Montana (County)

Dates
In force from Aug. 18, 2020 to Sept. 3, 2020
Quarters
2020 Q3
Limitations
Gathering capFace-covering requirementSchools and child careEvents and venues
Functions reached
SP sports and leagues; AC athletics and activities; GATH spectators
Grade
Primary source read
Days in this quarter
17

WHEREAS, on August 12, 2020 the Governor clarified his order to include mandatory face coverings in schools and for school activities; WHEREAS, upon significant discussion with County schools it has been determined that additional safeguards are necessary to attempt to reduce risk of exposure of students and staff during school-sanctioned activities (recitals, p. 1); order and accompanying Plan imposed safeguards on school-sanctioned activities (rescinded Sept. 3, 2020)

Enforcement: Mont. Code Ann. 50-2-118

Citation: John Felton, Health Officer for City-County of Yellowstone, Order of Health Officer August 18, 2020 (school-sanctioned sports and activities) (Aug. 18, 2020) (Ex. MT-046) Open the exhibit

Ex. MT-038
Governor's letter to the Association of Montana Public Health Officials (AMPHO) clarifying the Phase Two 50-person gathering limitation

Letter to AMPHO, September 4, 2020 (Phase Two gathering limitation does not apply to school-related or youth activities)

Governor Steve Bullock, Montana (State)

Dates
In force from Sept. 4, 2020 to Nov. 20, 2020
Quarters
2020 Q32020 Q4
Limitations
Gathering capEvents and venues
Functions reached
SP sports and leagues; AC athletics and activities; GATH events
Grade
Primary source read
Days in this quarter
27 (in force on the last day)

Several weeks ago, I clarified that the Phase Two limitation on gatherings of 50 people, in circumstances that do not readily allow for appropriate physical distancing, did not apply to schools or school-related activities. Given the ongoing confusion and the potential for inconsistent application of rules for youth events, I am extending that clarification to apply to youth activities whether school or community sponsored. Organizers of such activities should continue to work with local public health on developing appropriate safety plans in line with local and state public health directives.

Enforcement: Interpretive; confirms the 50-person limitation as an operative rule for all other events

Citation: Governor Steve Bullock, Governor's letter to the Association of Montana Public Health Officials (AMPHO) clarifying the Phase Two 50-person gathering limitation (Sept. 4, 2020) (Ex. MT-038) Open the exhibit

Ex. MT-045
Order of Health Officer July 3, 2020 (restricting visitors to senior care facilities)

Order of Health Officer July 3, 2020

John Felton, Health Officer for City-County of Yellowstone, Yellowstone County, Montana (County)

Dates
In force from July 3, 2020 to Oct. 26, 2020
Quarters
2020 Q32020 Q4
Limitations
Health care orders
Functions reached
VS visitation; RS residential care; IC infection control (face coverings)
Grade
Primary source read
Days in this quarter
90 (in force on the last day)

WHEREAS, the Governor of Montana issued a Directive on June 25, 2020 that substantially reduces restrictions on visitation of residents living in senior living and assisted living facilities; WHEREAS, Yellowstone County has recently experienced a very significant increase in the number of confirmed COVID-19 cases affecting staff and residents of multiple senior living and assisted living facilities, which represents an imminent threat to vulnerable residents living in such facilities; WHEREAS, it is widely accepted that the use of face coverings substantially reduces the risk of transmission (recitals, p. 1); restricts visitors to senior care facilities (title of the RiverStone release)

Enforcement: Mont. Code Ann. 50-2-118, -123, -124

Citation: John Felton, Health Officer for City-County of Yellowstone, Order of Health Officer July 3, 2020 (restricting visitors to senior care facilities) (Ex. MT-045) Open the exhibit

Ex. MT-079
Countywide face covering rule (masks in all indoor public spaces and businesses; employers to enforce)

Missoula City-County Board of Health mask rule, adopted and effective July 9, 2020

Missoula City-County Board of Health; Ellen Leahy, Health Officer, Missoula County, Montana (County)

Dates
In force from July 9, 2020 to May 10, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF; DR; SL; OF public-facing; HR; CB
Grade
Confirmed from a secondary source
Days in this quarter
84 (in force on the last day)

Indoor public spaces county-wide; employers must enforce the policy; 'cloth, paper or disposable face covering that covers the nose and mouth' without an exhalation valve; exceptions for children under 12, eating and drinking, strenuous exercise, employees not interacting with the public; educational enforcement first, businesses receive warnings (Seeley Swan Pathfinder, July 9, 2020, reporting the Board's unanimous vote and the Health Officer's immediate order)

Enforcement: Mont. Code Ann. 50-2-124 (businesses; individuals not subject to criminal penalty per the department)

Citation: Missoula City-County Board of Health; Ellen Leahy, Health Officer, Countywide face covering rule (masks in all indoor public spaces and businesses; employers to enforce) (July 9, 2020) (Ex. MT-079)

Ex. MT-035
Directive implementing Executive Orders 2-2020 and 3-2020 (nursing homes, skilled nursing facilities, senior and assisted living facilities)

Directive implementing Executive Orders 2-2020 and 3-2020 and providing measures related to nursing homes, skilled nursing facilities, and senior and assisted living facilities

Governor Steve Bullock, Montana (State)

Dates
In force from July 13, 2020 to Jan. 13, 2021
Quarters
2020 Q32020 Q42021 Q1
Limitations
Health care orders
Functions reached
VS visitation; IC infection control (testing); RS residential care
Grade
Primary source read
Days in this quarter
80 (in force on the last day)

After the initial March 15, 2020 Directive implementing Executive Orders 2-2020 and 3-2020, all non-essential visitation to nursing home facilities was suspended. On June 25, 2020, I issued a Directive [permitting limited visitation] (recitals); this Directive sets conditions for visitation, testing and infection control at nursing homes and skilled nursing facilities

Enforcement: Public health order series under Mont. Code Ann. 50-1-103(2)

Citation: Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (nursing homes, skilled nursing facilities, senior and assisted living facilities) (July 13, 2020) (Ex. MT-035) Open the exhibit

Ex. MT-076
Emergency face covering rule (countywide mask mandate), adopted July 2020; extended Jan. 20, 2021 (to Apr. 20, 2021) and April 2021 (to May 27, 2021); enforcement lifted by the Health Officer May 14, 2021

Gallatin City-County Board of Health local face covering emergency rule

Gallatin City-County Board of Health; Matt Kelley, Health Officer, Gallatin County, Montana (County)

Dates
In force from July 17, 2020 to May 14, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF; DR; SL; OF public-facing; CB
Grade
Confirmed from a secondary source
Days in this quarter
76 (in force on the last day)

The board voted 7-1 in favor of extending the countywide mask mandate for COVID-19 prevention for ninety days expiring on April 20 (Belgrade News, Jan. 2021); 'the Gallatin City-County Board of Health voted 7-2 to extend the emergency face covering rule until May 27' (KBZK, Apr. 2021); 'The Gallatin City-County Health Department has rescinded the mask mandate effective Friday [May 14, 2021]' (KULR-8)

Enforcement: Mont. Code Ann. 50-2-124 (Board rule)

Citation: Gallatin City-County Board of Health; Matt Kelley, Health Officer, Emergency face covering rule (countywide mask mandate), adopted July 2020; extended Jan. 20, 2021 (to Apr. 20, 2021) and April 2021 (to May 27, 2021); enforcement lifted by the Health Officer May 14, 2021 (July 17, 2020) (Ex. MT-076)

Ex. MT-036
Directive implementing Executive Orders 2-2020 and 3-2020 (offsite learning residency requirements)

Directive implementing Executive Orders 2-2020 and 3-2020 and temporarily suspending school district residency requirements for offsite learning

Governor Steve Bullock, Montana (State)

Dates
In force from July 31, 2020 to Mar. 31, 2021
Quarters
2020 Q32020 Q42021 Q1
Limitations
Schools and child care
Functions reached
RL remote learning; WF workforce (children learning offsite)
Grade
Primary source read
Days in this quarter
62 (in force on the last day)

temporarily suspending school district residency requirements for offsite learning (title); recites 'on March 15, 2020, I issued a Directive temporarily [closing schools]... through May 6. The April 22, 2020 Phased Reopening Directive gave schools the option to reopen'

Enforcement: Mont. Code Ann. 10-3-104(2)(a)

Citation: Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (offsite learning residency requirements) (July 31, 2020) (Ex. MT-036) Open the exhibit

Ex. MT-017
Directive implementing Executive Orders 2-2020 and 3-2020 (mandatory face coverings in all K-12 schools)

Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the mandatory use of face coverings in all K-12 schools

Governor Steve Bullock, Montana (State)

Dates
In force from Aug. 12, 2020 to Nov. 20, 2020
Quarters
2020 Q32020 Q42021 Q1
Limitations
Face-covering requirementSchools and child care
Functions reached
IN in-person instruction; AC athletics and activities; WF workforce (school conditions)
Grade
Primary source read
Days in this quarter
50 (in force on the last day)

The July 15 Directive providing for the mandatory use of face coverings in certain settings is hereby amended to require the use of face coverings, as detailed in that directive, in all public and private K-12 schools in counties with four or more active cases. All provisions set forth in the July 15 Directive apply to public and private K-12 schools. Indoor school spaces are considered indoor spaces open to the public. School-related outdoor activities are considered organized outdoor activities.

Enforcement: Public health order under Mont. Code Ann. 50-1-103(2); 'Counties, cities, and towns may adopt more restrictive ordinances'

Citation: Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (mandatory face coverings in all K-12 schools) (Aug. 12, 2020) (Ex. MT-017) Open the exhibit

Ex. MT-037
Directive implementing Executive Orders 2-2020 and 3-2020 (licensure late fees; pharmacist vaccination; classroom face coverings)

Directive implementing Executive Orders 2-2020 and 3-2020, waiving licensure renewal late fees for certain establishments, authorizing pharmacists to vaccinate children ages 3 and up, and permitting limited discretion to remove face coverings in classrooms in specified circumstances

Governor Steve Bullock, Montana (State)

Dates
In force from Aug. 27, 2020 to June 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementSchools and child careHealth care ordersOther
Functions reached
IN in-person instruction (mask conditions); LG lodging (license late fees); KT food establishments (license late fees)
Grade
Primary source read
Days in this quarter
35 (in force on the last day)

Third, on August 12, 2020, I extended the July 15, 2020 Directive requiring face coverings in certain settings [to schools] (recital); permits 'limited discretion to remove face coverings in classrooms in specified circumstances' (title); waives DPHHS licensure renewal late fees

Enforcement: Mont. Code Ann. 10-3-104(2)(a)

Citation: Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (licensure late fees; pharmacist vaccination; classroom face coverings) (Aug. 27, 2020) (Ex. MT-037) Open the exhibit

Ex. MT-047
Order of Health Officer September 3, 2020 (rescinding the Aug. 18 order; each County school to maintain a COVID-19 Plan)

Order of Health Officer September 3, 2020

John Felton, Health Officer for City-County of Yellowstone, Yellowstone County, Montana (County)

Dates
In force from Sept. 3, 2020 to Jan. 7, 2021
Quarters
2020 Q32020 Q4
Limitations
Schools and child careEvents and venuesWorkplace rules
Functions reached
AC athletics and activities; SP sports; IN in-person instruction (plans)
Grade
Primary source read
Days in this quarter
28 (in force on the last day)

Effective immediately, the Health Officer's order of August 18, 2020, and its accompanying Plan, shall be no longer in effect. In its place, each County school shall develop, maintain, and modify as appropriate to evolving conditions related to COVID-19, a Plan appropriate for its facilities, students and guests. These Plans shall minimize contact among participants and guests, require compliance with all applicable Governor's and Public Health Officer's orders and directives, and take all reasonable measures to ensure continued attempts to prevent the spread of COVID-19.

Enforcement: Mont. Code Ann. 50-2-118

Citation: John Felton, Health Officer for City-County of Yellowstone, Order of Health Officer September 3, 2020 (rescinding the Aug. 18 order; each County school to maintain a COVID-19 Plan) (Sept. 3, 2020) (Ex. MT-047) Open the exhibit

Continuing in force from an earlier quarter of this report (27 instruments):

ExhibitCitationDatesLimitations
Ex. MT-013Governor Steve Bullock, Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A (Apr. 22, 2020) (Ex. MT-013)In force from Apr. 22, 2020 to June 1, 2020Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capTravel and quarantineSchools and child careHealth care ordersCurfew and hoursEvents and venuesWorkplace rules
Ex. MT-068Gallatin City-County Board of Health (Becky Franks, Chair), Emergency Local Health Rule Relating to COVID-19, EHR-2020-003, Phased Reopening: Phase One (May 1, 2020) (Ex. MT-068)In force from May 1, 2020 to Sept. 30, 2020Business closureCapacity limitGathering capWorkplace rules
Ex. MT-069Matt Kelley, Health Officer, Gallatin City-County Health Department, Order of Health Officer HO-2020-003, Phased Reopening: Phase One (May 1, 2020) (Ex. MT-069)In force from May 1, 2020 to May 27, 2021Business closureCapacity limitGathering capWorkplace rules
Ex. MT-014Governor Steve Bullock, Phase Two Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two), with Appendices (May 19, 2020) (Ex. MT-014)In force from May 19, 2020 to Nov. 20, 2020Telework mandateCapacity limitGathering capTravel and quarantineSchools and child careHealth care ordersEvents and venuesWorkplace rulesOther
Ex. MT-015Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (Phase Two Directive and Appendix B updates) (June 18, 2020) (Ex. MT-015)In force from June 18, 2020 to Nov. 17, 2020Capacity limitGathering capWorkplace rules
Ex. MT-085Lewis and Clark County Commissioners; Lewis and Clark City-County Board of Health and Health Officer, County COVID-19 emergency declaration of March 13, 2020 (rescinded July 2021) and county public health rules (masks; gathering limits) tightened January 2021 and no longer enforced after HB 257 (May 2021) (Mar. 13, 2020) (Ex. MT-085)In force from Mar. 13, 2020 to Mar. 13, 2020Emergency declarationGathering capFace-covering requirement
Ex. MT-003Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (school closure; nursing homes; social distancing; transportation; National Guard) (Mar. 15, 2020) (Ex. MT-003)In force from Mar. 15, 2020 to Mar. 31, 2021Emergency declarationGathering capSchools and child careHealth care ordersSupply chain
Ex. MT-040Montana Department of Revenue, Alcoholic Beverage Control Division, Guidance for Governor's Directive: Businesses that can sell and deliver alcohol for off-premises consumption during state shut down (Mar. 20, 2020) (Ex. MT-040)In force from Mar. 20, 2020 to June 30, 2021Business closureAlcohol and bars
Ex. MT-058Chief Justice Mike McGrath, Supreme Court of Montana, Revised Memorandum of the Chief Justice, April 27, 2020 (court practices after May 4, 2020) (Apr. 27, 2020) (Ex. MT-058)In force from May 4, 2020 to May 22, 2020 (issued Apr. 27, 2020)Gathering capCourts and public officesWorkplace rules
Ex. MT-059Chief Justice Mike McGrath, Supreme Court of Montana, Letter of the Chief Justice, May 22, 2020 (Phase Two court practices; eviction guidance) (Ex. MT-059)In force from June 1, 2020 to Dec. 21, 2020 (issued May 22, 2020)Gathering capCourts and public offices
Ex. MT-001Governor Steve Bullock, Executive Order No. 2-2020 (Mar. 12, 2020) (Ex. MT-001)In force from Mar. 12, 2020 to Jan. 13, 2021Emergency declaration
Ex. MT-002Governor Steve Bullock, Executive Order No. 3-2020 (Mar. 13, 2020) (Ex. MT-002)In force from Mar. 13, 2020 to Jan. 13, 2021Emergency declaration
Ex. MT-004Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (additional direction on school closures) (Mar. 19, 2020) (Ex. MT-004)In force from Mar. 19, 2020 to Jan. 13, 2021Schools and child care
Ex. MT-023Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (expanded telehealth) (Mar. 20, 2020) (Ex. MT-023)In force from Mar. 20, 2020 to Feb. 12, 2021Health care orders
Ex. MT-006Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (hospital surge capacity; procurement; patient transfer) (Mar. 23, 2020) (Ex. MT-006)In force from Mar. 23, 2020 to Feb. 12, 2021Health care ordersSupply chain
Ex. MT-008Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (operation of local government) (Mar. 24, 2020) (Ex. MT-008)In force from Mar. 24, 2020 to Feb. 12, 2021Courts and public officesOther
Ex. MT-024Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (relief of certain regulatory requirements; commercial carriers) (Mar. 27, 2020) (Ex. MT-024)In force from Mar. 27, 2020 to Feb. 12, 2021Supply chainOther
Ex. MT-011Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (limits on foreclosures, evictions and disconnections from service) (Mar. 30, 2020) (Ex. MT-011)In force from Mar. 30, 2020 to Sept. 30, 2020Courts and public officesOther
Ex. MT-026Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (state correctional and state-contracted correctional facilities) (Apr. 1, 2020) (Ex. MT-026)In force from Apr. 1, 2020 to June 30, 2021Courts and public officesQuarantine and isolationOther
Ex. MT-027Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (medical marijuana) (Apr. 1, 2020) (Ex. MT-027)In force from Apr. 1, 2020 to Mar. 31, 2021Health care ordersOther
Ex. MT-028Governor Steve Bullock, Directive implementing EOs 2-2020 and 3-2020 (Apr. 2, 2020) (Ex. MT-028)In force from Apr. 2, 2020 to Mar. 31, 2021Courts and public offices
Ex. MT-064Matt Kelley, Health Officer, Gallatin City-County Health Department, Order of Health Officer HO-2020-002, Quarantine and Isolation (Apr. 7, 2020) (Ex. MT-064)In force from Apr. 7, 2020 to Apr. 15, 2020Quarantine and isolation
Ex. MT-066Gallatin City-County Board of Health, Emergency Local Health Rule Relating to COVID-19, EHR-2020-002, Quarantine and Isolation (Apr. 15, 2020) (Ex. MT-066)In force from Apr. 15, 2020 to Mar. 31, 2021Quarantine and isolation
Ex. MT-031Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (easing licensing requirements for health care providers) (Apr. 21, 2020) (Ex. MT-031)In force from Apr. 21, 2020 to June 30, 2021Health care orders
Ex. MT-032Governor Steve Bullock, Montana Directive of May 7, 2020 (congregate care) (Ex. MT-032)In force from May 7, 2020 to June 30, 2021Health care ordersWorkplace rules
Ex. MT-034Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (senior living and assisted living facilities visitation) (June 25, 2020) (Ex. MT-034)In force from June 25, 2020 to July 13, 2020Health care orders
Ex. MT-041Montana Division of Banking and Financial Institutions, Commissioner Melanie G. Hall, Supervisory Memorandum and Order Rescinding Proclamation (branch closure Proclamations of Mar. 13, 2020 and Jan. 15, 2021) (July 12, 2021) (Ex. MT-041)In force from July 12, 2021; end: n/a (terminating instrument); the Proclamations it rescinds ran Mar. 13, 2020 to…Emergency declarationOther

Agencies, boards and authorities: Montana

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-TRADE-BOARDS-060Supreme Court of Montana (McGrath, C.J., and six Justices), Order, In re Rules for Admission to the Bar of Montana, No. AF 11-0244 (June 17, 2020), adopting Temporary Rules for Admission to the Bar of Montana (provisional admission for candidates unable or unwilling to sit for the July 28-29, 2020 exam) (Ex. AGY-ST-TRADE-BOARDS-060)In force from June 17, 2020 to Mar. 31, 2021Gathering capCourts and public officesOther

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

Federal layer

Ex. FED-031
CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

Ex. FED-303
Standing Order 20-17

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

Enforcement: OMB directive to contracting officers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

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

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

State of Montana

Ex. MT-048
Order of Health Officer October 12, 2020 (12:30 a.m. close for bars and restaurants; 25-person gathering cap; masks and distancing required)

Order of Health Officer, October 12, 2020

John Felton, Local Public Health Officer, City-County of Yellowstone, Yellowstone County, Montana (County)

Dates
In force from Oct. 14, 2020 to Nov. 9, 2020 (issued Oct. 12, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venues
Functions reached
DR dining room (12:30 a.m. close); BA bar; AM casinos; GATH events (25 regardless of distancing); BQ banquets and events; WS worship (50 percent); MK; CB
Grade
Primary source read
Days in this quarter
27

Effective at 8:00 AM MDT on October 14, 2020 for a period of time up to and through 11:59PM MST on November 9, 2020 the following shall be required, subject to any noted exceptions: All restaurants, food courts, cafes, coffee houses, bars, brew pubs, taverns, breweries, microbreweries, distilleries, wineries, tasting rooms, special licensees, clubs and casinos shall be required to close for inside business no later than 12:30 AM as issued under Governor's directives.... Drive-through and delivery for food service only can continue past 12:30 AM. Except as otherwise indicated below, all group physical gatherings, including but not limited to all businesses, organizations, and private gatherings shall be limited to no more than 25 individuals, regardless of the ability to physically distance or location. This restriction applies to both indoor and outdoor events. Mask use and physical…

Enforcement: Mont. Code Ann. 50-2-118, -123, -124; 'compliance is required under this Order'

Citation: John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Health Officer October 12, 2020 (12:30 a.m. close for bars and restaurants; 25-person gathering cap; masks and distancing required) (Oct. 12, 2020) (Ex. MT-048) Open the exhibit

Ex. MT-049
Order of Health Officer October 14, 2020 (amended order)

Order of Health Officer, October 14, 2020

John Felton, Local Public Health Officer, City-County of Yellowstone, Yellowstone County, Montana (County)

Dates
In force from Oct. 14, 2020 to Dec. 9, 2020
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hours
Functions reached
DR; BA; AM; GATH; WS
Grade
Primary source read
Days in this quarter
57

Recitals identical to the Oct. 12 order; the Nov. 19 order recites that 'on October 12, 2020 and October 14, 2020 the Local Public Health Officer implemented additional measures to attempt to curb the increases in numbers of cases and these orders were extended through December 9, 2020 in an Order dated November 6, 2020'

Enforcement: Mont. Code Ann. 50-2-118, -123, -124

Citation: John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Health Officer October 14, 2020 (amended order) (Oct. 14, 2020) (Ex. MT-049) Open the exhibit

Ex. MT-083
Board of Health Order of Oct. 28, 2020 (effective Nov. 1, 2020): gatherings capped at 50; bars, restaurants, casinos, gyms, movie theaters at 50 percent capacity; places of worship 75 percent; 12:30 a.m. closing unchanged

Cascade City-County Board of Health COVID-19 Order, October 28, 2020

Cascade City-County Board of Health, Cascade County (Great Falls), Montana (County)

Dates
In force from Nov. 1, 2020 to Jan. 6, 2021 (issued Oct. 28, 2020)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capCurfew and hours
Functions reached
DR; BA; AM; FC; PE; GATH; WS
Grade
Confirmed from a secondary source
Days in this quarter
61 (in force on the last day)

Indoor/outdoor gatherings limited to 50 people maximum (exemptions: schools, polling places, places of worship, childcare facilities); religious services 75% occupancy 'unless social distancing can not be maintained'; bars, restaurants, casinos, gyms, movie theaters, and similar venues: 50% capacity; no change to the existing 12:30 AM closing time; until the county's rate dropped to '25 or fewer new cases per 100,000 people for four weeks' (KRTV report of the Board's order effective Nov. 1)

Enforcement: Mont. Code Ann. 50-2-124 (Board order); the Jan. 6, 2021 minutes record that 'The Order adopted by the BOH on October 28, 2020, would continue'

Citation: Cascade City-County Board of Health, Board of Health Order of Oct. 28, 2020 (effective Nov. 1, 2020): gatherings capped at 50; bars, restaurants, casinos, gyms, movie theaters at 50 percent capacity; places of worship 75 percent; 12:30 a.m. closing unchanged (Ex. MT-083)

Ex. MT-050
Order of Health Officer November 6, 2020 (extending the Oct. 12 and Oct. 14 orders through Dec. 9, 2020)

Order of Health Officer, November 6, 2020 (State's file: Health-Officer-Order-11-6-2020-signed; RiverStone FAQ of Nov. 9 describes the extension)

John Felton, Local Public Health Officer, City-County of Yellowstone, Yellowstone County, Montana (County)

Dates
In force from Nov. 6, 2020 to Dec. 9, 2020
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hours
Functions reached
DR; BA; AM; GATH; WS
Grade
Primary source read
Days in this quarter
34

Nov. 19 order recital: 'these orders were extended through December 9, 2020 in an Order dated November 6, 2020'; the order's own first page (dated November 9, 2020 in its heading) repeats the Oct. 12 recitals

Enforcement: Mont. Code Ann. 50-2-118, -123, -124

Citation: John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Health Officer November 6, 2020 (extending the Oct. 12 and Oct. 14 orders through Dec. 9, 2020) (Nov. 6, 2020) (Ex. MT-050) Open the exhibit

Ex. MT-051
Frequently Asked Questions: Yellowstone County Health Officer Order, November 9, 2020

Frequently Asked Questions - Yellowstone County Health Officer Order - November 9, 2020

RiverStone Health (Yellowstone County health department), explaining the Health Officer Order of Nov. 9, 2020, Yellowstone County, Montana (County)

Dates
In force from Nov. 9, 2020 to Dec. 9, 2020
Quarters
2020 Q4
Limitations
Capacity limitGathering capCurfew and hours
Functions reached
GATH; DR; BA; MK
Grade
Confirmed from a secondary source
Days in this quarter
31

The Order of November 9, 2020, extends the 25-person limit on indoor and outdoor gatherings from the October Health Officer Order through December 9. All the exceptions to the 25-person limit also are extended from the October Order. The Order is a serious effort to stop the steep rise in COVID-19 disease in Yellowstone County. Since the end of September, the average rate of new cases diagnosed daily in Yellowstone County has more than doubled.

Enforcement: As in MT-048

Citation: RiverStone Health (Yellowstone County health department), explaining the Health Officer Order of Nov. 9, 2020, Frequently Asked Questions: Yellowstone County Health Officer Order, November 9, 2020 (Nov. 9, 2020) (Ex. MT-051) Open the exhibit

Ex. MT-018
Directive implementing Executive Orders 2-2020 and 3-2020 (group size; bar and restaurant capacity and hours; statewide face coverings)

Directive implementing Executive Orders 2-2020 and 3-2020 and limiting size for public gatherings and events and limiting bar and restaurant capacity and hours

Governor Steve Bullock, Montana (State)

Dates
In force from Nov. 20, 2020 to Jan. 13, 2021 (issued Nov. 17, 2020)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and bars
Functions reached
DR dining room (50 percent; six per table; 10 p.m.); BA bar; AM casinos; GATH events (25); BQ banquets and events; MK; SF and all indoor public spaces (masks statewide); CB
Grade
Primary source read
Days in this quarter
42 (in force on the last day)

I. Restaurants, Bars, Breweries, Distilleries, and Casinos to Operate at 50 percent Capacity and Close No Later Than 10:00 PM. Capacity in all restaurants, bars, breweries, distilleries, and casinos must be limited to 50 percent of normal operating capacity to allow for adequate group spacing. Tables must be limited to six people per table.... These businesses will be required to close their doors and have all patrons out by 10:00 p.m. Businesses may reopen after 4:00 a.m.... II. Public Gatherings and Events Limited to 25 Individuals Where Social Distancing Is Not Possible or Observed. Any public gatherings or events where it is not possible to practice social distancing or where social distancing is not being practiced must be strictly limited to 25 people or fewer.... III. Face Coverings Required in All Counties Regardless of Case Count. The requirements described in the July 15…

Enforcement: 'Enforcement: This Directive, along with any prior Directive that implements and references the public health authorities of DPHHS provided in Title 50, constitutes a "public health... order" within the meaning of 50-1-103(2), MCA, and is enforceable by the Attorney General, DPHHS, a county attorney, or other local authorities under the direction of a county attorney'; 'Counties, cities, and towns…

Citation: Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (group size; bar and restaurant capacity and hours; statewide face coverings) (Nov. 17, 2020) (Ex. MT-018) Open the exhibit

Ex. MT-052
Order of Health Officer November 19, 2020 (25-person cap; 10 p.m. to 4 a.m. closure of all places of assembly; 50 percent capacity; congregate care order continued)

Order of Health Officer, November 19, 2020

John Felton, Local Public Health Officer, City-County of Yellowstone, Yellowstone County, Montana (County)

Dates
In force from Nov. 20, 2020 to Dec. 31, 2020 (issued Nov. 19, 2020)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementHealth care ordersCurfew and hoursAlcohol and barsEvents and venues
Functions reached
SF retail venues (10 p.m. close; 50 percent); DR dining room; BA bar; AM casinos and bowling; FC gyms and fitness studios; SL hair and nail salons; WS churches; GATH events (25); SP sports and performances; VS congregate care; CB
Grade
Primary source read
Days in this quarter
42 (in force on the last day)

Effective at 5:00 AM MST on November 20, 2020 for a period of time up to and through 11:59 PM on December 31, 2020, the following shall be required, subject to any noted exceptions: As in the October 12, 14 and November 6, 2020 Orders, and as in the Governor's November 17, 2020 directive, except as otherwise indicated below, all group physical gatherings, including but not limited to all businesses, organizations, and private gatherings shall be limited to no more than 25 individuals, regardless of the ability to physically distance or location. This restriction applies to both indoor and outdoor events. The Local Public Health Officer's October 26, 2020 Order regarding Congregate Care shall remain in effect... Mask use and physical distancing requirements issued under Governor's directives remain in force and compliance is required under this Order. All places of assembly, including but…

Enforcement: Mont. Code Ann. 50-2-118, -123, -124; 'compliance is required under this Order'

Citation: John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Health Officer November 19, 2020 (25-person cap; 10 p.m. to 4 a.m. closure of all places of assembly; 50 percent capacity; congregate care order continued) (Nov. 19, 2020) (Ex. MT-052) Open the exhibit

Ex. MT-084
Order of Health Officer of Nov. 20, 2020 (mirroring the Governor's Nov. 17 Directive: gatherings 25 without distancing / 50 with distancing; 50 percent capacity; 10 p.m. closing; masks and distancing required of all businesses), continued Jan. 6, 2021 and loosened effective 5:00 a.m. Jan. 22, 2021 (75 percent capacity; 12:30 a.m. to 4 a.m. closure; events of 250 indoor / 500 outdoor with approved plans; gathering caps and masks retained) until the case rate is at or below 25 per 100,000 for four consecutive weeks

Cascade City-County Health Officer Order of November 20, 2020, as continued and amended

Trisha Gardner, Public Health Officer, Cascade City-County Health Department; Board of Health (Jan. 20, 2021 amendments), Cascade County, Montana (County)

Dates
In force from Nov. 20, 2020 to June 30, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hoursWorkplace rules
Functions reached
DR; BA; AM; FC; PE; GATH; SF (masks; capacity); MK events
Grade
Confirmed from a secondary source
Days in this quarter
42 (in force on the last day)

'Restaurants, cafes, coffee houses, bars, casinos, gyms, movie theatres, etc. must close no later than 10:00 PM'; all businesses required to maintain social distancing, enforce face coverings, and operate at 50% capacity maximum; indoor or outdoor assemblies capped at 25 people without distancing, or 50 with distancing (exceptions for houses of worship and school activities) (Montana Right Now, Jan. 15, 2021, and the Board's Jan. 6, 2021 minutes); from Jan. 22, 2021: capacity 75%; closing 12:30 a.m. with mandatory closure 12:30-4:00 a.m.; events of 250 indoors and 500 outdoors with approved plans; gathering caps and mask enforcement retained (KRTV, Jan. 20-22, 2021)

Enforcement: Mont. Code Ann. 50-2-118, -123, -124; the minutes discuss the 'Differences in authority and enforcement between a PHO Order and a BOH Order'

Citation: Trisha Gardner, Public Health Officer, Cascade City-County Health Department; Board of Health (Jan. 20, 2021 amendments), Order of Health Officer of Nov. 20, 2020 (mirroring the Governor's Nov. 17 Directive: gatherings 25 without distancing / 50 with distancing; 50 percent capacity; 10 p.m. closing; masks and distancing required of all businesses), continued Jan. 6, 2021 and loosened effective 5:00 a.m. Jan. 22, 2021 (75 percent capacity; 12:30 a.m. to 4 a.m. closure; events of 250 indoor / 500 outdoor with approved plans; gathering caps and masks retained) until the case rate is at or below 25 per 100,000 for four consecutive weeks (Ex. MT-084)

Ex. MT-053
Amended Order of Local Public Health Officer December 10, 2020

Amended Order of Local Public Health Officer, December 10, 2020

John Felton, Local Public Health Officer, City-County of Yellowstone, Yellowstone County, Montana (County)

Dates
In force from Dec. 10, 2020 to Jan. 7, 2021
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hours
Functions reached
GATH; DR; BA; SF; FC; SL; WS
Grade
Primary source read
Days in this quarter
22 (in force on the last day)

WHEREAS, on November 19, 2020 the Local Public Health Officer issued an order mirroring the Governor's November 17, 2020 order and providing additional clarifications, guidelines and restrictions (recital, p. 1); the Jan. 7, 2021 order recites that 'the Local Public Health Officer issued orders on November 19, 2020 and December 10, 2020 following and expanding upon the State Directives'

Enforcement: Mont. Code Ann. 50-2-118, -123, -124

Citation: John Felton, Local Public Health Officer, City-County of Yellowstone, Amended Order of Local Public Health Officer December 10, 2020 (Dec. 10, 2020) (Ex. MT-053) Open the exhibit

Ex. MT-080
Missoula County bar and restaurant restrictions: 50 percent capacity and eight per table (October 2020); 10 p.m. closing (December 2020); Board revision of Jan. 21, 2021 (effective Jan. 22, 2021: capacity cap removed, 2 a.m. closing, eight per table, table service only, six-foot spacing, gaming machines spaced, masks except while eating or drinking)

Missoula City-County Board of Health bar and restaurant rules, October 2020 to February 2021

Missoula City-County Board of Health; Ellen Leahy, Health Officer, Missoula County, Montana (County)

Dates
In force from Jan. 22, 2021 to Feb. 18, 2021 (issued Jan. 21, 2021)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and bars
Functions reached
DR; BA; AM casinos; GATH
Grade
Confirmed from a secondary source
Days in this quarter
0

Prior restrictions: closing time 10 p.m. (extended in December 2020), capacity limit 50%; new terms effective Friday, January 22, 2021: closing time extended to 2 a.m.; the 50% cap removed; groups must maintain 6-foot distance; up to 8 people per table; table service only; signage required at entrances; gaming machines spaced 6 feet apart; no mingling between tables; masks required at all times except while eating or drinking (KHQ, Jan. 21, 2021)

Enforcement: Mont. Code Ann. 50-2-124

Citation: Missoula City-County Board of Health; Ellen Leahy, Health Officer, Missoula County bar and restaurant restrictions: 50 percent capacity and eight per table (October 2020); 10 p.m. closing (December 2020); Board revision of Jan. 21, 2021 (effective Jan. 22, 2021: capacity cap removed, 2 a.m. closing, eight per table, table service only, six-foot spacing, gaming machines spaced, masks except while eating or drinking) (Ex. MT-080)

Ex. MT-077
Phase Two reopening emergency rule (bars, restaurants, casinos, breweries and distilleries closing at 10 p.m.; 50 percent capacity), as amended April 2021 (eight per table; bar-stool spacing 3 feet), and Board action removing the enforcement mechanism of the Quarantine and Isolation Rule and the nursing-home visitation rules (April 2021)

Gallatin City-County Board of Health Phase Two reopening rule and April 2021 amendments

Gallatin City-County Board of Health, Gallatin County, Montana (County)

Dates
In force from Apr. 19, 2021 to May 27, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Capacity limitGathering capHealth care ordersCurfew and hoursQuarantine and isolation
Functions reached
DR (10 p.m.; 50 percent; eight per table); BA; AM; VS; QUAR
Grade
Confirmed from a secondary source
Days in this quarter
0

Bars, restaurants, casinos, breweries, and distilleries closing at 10 p.m. (Explore Big Sky, Jan. 20, 2021); 'Maximum party size increased to 8 people at tables... Bar stool distancing: Reduced from 6 feet to 3 feet... Capacity: Remained at 50%' (KBZK, Apr. 2021); 'Quarantine and Isolation Rule enforcement mechanism removed; Nursing home and assisted living facility visitation restrictions enforcement removed' (KBZK)

Enforcement: Mont. Code Ann. 50-2-124

Citation: Gallatin City-County Board of Health, Phase Two reopening emergency rule (bars, restaurants, casinos, breweries and distilleries closing at 10 p.m.; 50 percent capacity), as amended April 2021 (eight per table; bar-stool spacing 3 feet), and Board action removing the enforcement mechanism of the Quarantine and Isolation Rule and the nursing-home visitation rules (April 2021) (Apr. 19, 2021) (Ex. MT-077)

Ex. MT-060
Memorandum of the Chief Justice, December 21, 2020: Updated Judicial Branch Covid-19 Protocols

Updated Judicial Branch Covid-19 Protocols, December 21, 2020

Chief Justice Mike McGrath, Supreme Court of Montana, Montana (statewide judiciary) (Court)

Dates
In force from Dec. 21, 2020 to May 17, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Gathering capFace-covering requirementCourts and public officesWorkplace rules
Functions reached
CT courts (masks; remote hearings; distancing; jury-trial conditions); CL; SV
Grade
Primary source read
Days in this quarter
11 (in force on the last day)

1. Face masks or face covering are required in all courtrooms and shared spaces in court-related offices and rooms. This includes, but is not limited to, hallways outside of courtrooms serving as waiting areas, Youth Court offices, Self-Help Law Centers, and court meeting rooms.... 2. Courts will continue using remote-hearing or telephonic hearings for cases, which will allow a limit to the number of people in a courthouse and in a courtroom.... 3. Physical distancing in courthouses, courtrooms, and offices must be maintained. A minimum of six feet between individuals must be maintained. Courts are required to coordinate with local public health authorities about any group size limitations.... 6. Judges must continue planning locally for jury trials.... Jury trials must be conducted in such a manner as to maintain social distance and protect the health of jurors and others.

Enforcement: Ordered 'on behalf of the Supreme Court' as 'minimum requirements'

Citation: Chief Justice Mike McGrath, Supreme Court of Montana, Memorandum of the Chief Justice, December 21, 2020: Updated Judicial Branch Covid-19 Protocols (Dec. 21, 2020) (Ex. MT-060) Open the exhibit

Ex. MT-074
Order of Local Public Health Officer, October 26, 2020 (Congregate Care)

Non-congregate Care Order 10-26-2020 (RiverStone file title); 'The Local Public Health Officer's October 26, 2020 Order regarding Congregate Care' (Nov. 19, 2020 order)

John Felton, Local Public Health Officer, City-County of Yellowstone, Yellowstone County, Montana (County)

Dates
In force from Oct. 26, 2020 to Mar. 31, 2021
Quarters
2020 Q42021 Q1
Limitations
Face-covering requirementHealth care orders
Functions reached
VS visitation; RS residential care; IC infection control
Grade
Confirmed from a secondary source
Days in this quarter
67 (in force on the last day)

The Local Public Health Officer's October 26, 2020 Order regarding Congregate Care shall remain in effect, with the exception of changes made herein. (Nov. 19, 2020 order, MT-052)

Enforcement: Mont. Code Ann. 50-2-118, -123, -124

Citation: John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Local Public Health Officer, October 26, 2020 (Congregate Care) (Oct. 26, 2020) (Ex. MT-074) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. MT-013Governor Steve Bullock, Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A (Apr. 22, 2020) (Ex. MT-013)In force from Apr. 22, 2020 to June 1, 2020Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capTravel and quarantineSchools and child careHealth care ordersCurfew and hoursEvents and venuesWorkplace rules
Ex. MT-014Governor Steve Bullock, Phase Two Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two), with Appendices (May 19, 2020) (Ex. MT-014)In force from May 19, 2020 to Nov. 20, 2020Telework mandateCapacity limitGathering capTravel and quarantineSchools and child careHealth care ordersEvents and venuesWorkplace rulesOther
Ex. MT-015Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (Phase Two Directive and Appendix B updates) (June 18, 2020) (Ex. MT-015)In force from June 18, 2020 to Nov. 17, 2020Capacity limitGathering capWorkplace rules
Ex. MT-085Lewis and Clark County Commissioners; Lewis and Clark City-County Board of Health and Health Officer, County COVID-19 emergency declaration of March 13, 2020 (rescinded July 2021) and county public health rules (masks; gathering limits) tightened January 2021 and no longer enforced after HB 257 (May 2021) (Mar. 13, 2020) (Ex. MT-085)In force from Mar. 13, 2020 to Mar. 13, 2020Emergency declarationGathering capFace-covering requirement
Ex. MT-003Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (school closure; nursing homes; social distancing; transportation; National Guard) (Mar. 15, 2020) (Ex. MT-003)In force from Mar. 15, 2020 to Mar. 31, 2021Emergency declarationGathering capSchools and child careHealth care ordersSupply chain
Ex. MT-040Montana Department of Revenue, Alcoholic Beverage Control Division, Guidance for Governor's Directive: Businesses that can sell and deliver alcohol for off-premises consumption during state shut down (Mar. 20, 2020) (Ex. MT-040)In force from Mar. 20, 2020 to June 30, 2021Business closureAlcohol and bars
Ex. MT-058Chief Justice Mike McGrath, Supreme Court of Montana, Revised Memorandum of the Chief Justice, April 27, 2020 (court practices after May 4, 2020) (Apr. 27, 2020) (Ex. MT-058)In force from May 4, 2020 to May 22, 2020 (issued Apr. 27, 2020)Gathering capCourts and public officesWorkplace rules
Ex. MT-059Chief Justice Mike McGrath, Supreme Court of Montana, Letter of the Chief Justice, May 22, 2020 (Phase Two court practices; eviction guidance) (Ex. MT-059)In force from June 1, 2020 to Dec. 21, 2020 (issued May 22, 2020)Gathering capCourts and public offices
Ex. MT-016Governor Steve Bullock, Face Covering Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the mandatory use of face coverings in certain settings) (July 15, 2020) (Ex. MT-016)In force from July 15, 2020 to Mar. 31, 2021Gathering capFace-covering requirementWorkplace rules
Ex. MT-038Governor Steve Bullock, Governor's letter to the Association of Montana Public Health Officials (AMPHO) clarifying the Phase Two 50-person gathering limitation (Sept. 4, 2020) (Ex. MT-038)In force from Sept. 4, 2020 to Nov. 20, 2020Gathering capEvents and venues
Ex. MT-001Governor Steve Bullock, Executive Order No. 2-2020 (Mar. 12, 2020) (Ex. MT-001)In force from Mar. 12, 2020 to Jan. 13, 2021Emergency declaration
Ex. MT-002Governor Steve Bullock, Executive Order No. 3-2020 (Mar. 13, 2020) (Ex. MT-002)In force from Mar. 13, 2020 to Jan. 13, 2021Emergency declaration
Ex. MT-004Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (additional direction on school closures) (Mar. 19, 2020) (Ex. MT-004)In force from Mar. 19, 2020 to Jan. 13, 2021Schools and child care
Ex. MT-023Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (expanded telehealth) (Mar. 20, 2020) (Ex. MT-023)In force from Mar. 20, 2020 to Feb. 12, 2021Health care orders
Ex. MT-006Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (hospital surge capacity; procurement; patient transfer) (Mar. 23, 2020) (Ex. MT-006)In force from Mar. 23, 2020 to Feb. 12, 2021Health care ordersSupply chain
Ex. MT-008Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (operation of local government) (Mar. 24, 2020) (Ex. MT-008)In force from Mar. 24, 2020 to Feb. 12, 2021Courts and public officesOther
Ex. MT-024Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (relief of certain regulatory requirements; commercial carriers) (Mar. 27, 2020) (Ex. MT-024)In force from Mar. 27, 2020 to Feb. 12, 2021Supply chainOther
Ex. MT-026Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (state correctional and state-contracted correctional facilities) (Apr. 1, 2020) (Ex. MT-026)In force from Apr. 1, 2020 to June 30, 2021Courts and public officesQuarantine and isolationOther
Ex. MT-027Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (medical marijuana) (Apr. 1, 2020) (Ex. MT-027)In force from Apr. 1, 2020 to Mar. 31, 2021Health care ordersOther
Ex. MT-028Governor Steve Bullock, Directive implementing EOs 2-2020 and 3-2020 (Apr. 2, 2020) (Ex. MT-028)In force from Apr. 2, 2020 to Mar. 31, 2021Courts and public offices
Ex. MT-064Matt Kelley, Health Officer, Gallatin City-County Health Department, Order of Health Officer HO-2020-002, Quarantine and Isolation (Apr. 7, 2020) (Ex. MT-064)In force from Apr. 7, 2020 to Apr. 15, 2020Quarantine and isolation
Ex. MT-066Gallatin City-County Board of Health, Emergency Local Health Rule Relating to COVID-19, EHR-2020-002, Quarantine and Isolation (Apr. 15, 2020) (Ex. MT-066)In force from Apr. 15, 2020 to Mar. 31, 2021Quarantine and isolation
Ex. MT-031Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (easing licensing requirements for health care providers) (Apr. 21, 2020) (Ex. MT-031)In force from Apr. 21, 2020 to June 30, 2021Health care orders
Ex. MT-032Governor Steve Bullock, Montana Directive of May 7, 2020 (congregate care) (Ex. MT-032)In force from May 7, 2020 to June 30, 2021Health care ordersWorkplace rules
Ex. MT-034Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (senior living and assisted living facilities visitation) (June 25, 2020) (Ex. MT-034)In force from June 25, 2020 to July 13, 2020Health care orders
Ex. MT-045John Felton, Health Officer for City-County of Yellowstone, Order of Health Officer July 3, 2020 (restricting visitors to senior care facilities) (Ex. MT-045)In force from July 3, 2020 to Oct. 26, 2020Health care orders
Ex. MT-079Missoula City-County Board of Health; Ellen Leahy, Health Officer, Countywide face covering rule (masks in all indoor public spaces and businesses; employers to enforce) (July 9, 2020) (Ex. MT-079)In force from July 9, 2020 to May 10, 2021Face-covering requirementWorkplace rules
Ex. MT-035Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (nursing homes, skilled nursing facilities, senior and assisted living facilities) (July 13, 2020) (Ex. MT-035)In force from July 13, 2020 to Jan. 13, 2021Health care orders
Ex. MT-076Gallatin City-County Board of Health; Matt Kelley, Health Officer, Emergency face covering rule (countywide mask mandate), adopted July 2020; extended Jan. 20, 2021 (to Apr. 20, 2021) and April 2021 (to May 27, 2021); enforcement lifted by the Health Officer May 14, 2021 (July 17, 2020) (Ex. MT-076)In force from July 17, 2020 to May 14, 2021Face-covering requirementWorkplace rules
Ex. MT-036Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (offsite learning residency requirements) (July 31, 2020) (Ex. MT-036)In force from July 31, 2020 to Mar. 31, 2021Schools and child care
Ex. MT-017Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (mandatory face coverings in all K-12 schools) (Aug. 12, 2020) (Ex. MT-017)In force from Aug. 12, 2020 to Nov. 20, 2020Face-covering requirementSchools and child care
Ex. MT-037Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (licensure late fees; pharmacist vaccination; classroom face coverings) (Aug. 27, 2020) (Ex. MT-037)In force from Aug. 27, 2020 to June 30, 2021Face-covering requirementSchools and child careHealth care ordersOther
Ex. MT-047John Felton, Health Officer for City-County of Yellowstone, Order of Health Officer September 3, 2020 (rescinding the Aug. 18 order; each County school to maintain a COVID-19 Plan) (Sept. 3, 2020) (Ex. MT-047)In force from Sept. 3, 2020 to Jan. 7, 2021Schools and child careEvents and venuesWorkplace rules
Ex. MT-041Montana Division of Banking and Financial Institutions, Commissioner Melanie G. Hall, Supervisory Memorandum and Order Rescinding Proclamation (branch closure Proclamations of Mar. 13, 2020 and Jan. 15, 2021) (July 12, 2021) (Ex. MT-041)In force from July 12, 2021; end: n/a (terminating instrument); the Proclamations it rescinds ran Mar. 13, 2020 to…Emergency declarationOther

Agencies, boards and authorities: Montana

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-TRADE-BOARDS-060Supreme Court of Montana (McGrath, C.J., and six Justices), Order, In re Rules for Admission to the Bar of Montana, No. AF 11-0244 (June 17, 2020), adopting Temporary Rules for Admission to the Bar of Montana (provisional admission for candidates unable or unwilling to sit for the July 28-29, 2020 exam) (Ex. AGY-ST-TRADE-BOARDS-060)In force from June 17, 2020 to Mar. 31, 2021Gathering capCourts and public officesOther

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

Federal layer

Ex. FED-060
Executive Order 13991

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

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

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

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

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

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

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563

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

Ex. FED-305
Standing Order 21-02

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

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

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

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

Enforcement: court order

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

Ex. FED-008
Memorandum of February 2, 2021

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

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

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

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

Enforcement: Funding directive

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

Ex. FED-071
Executive Order 13910

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State of Montana

Ex. MT-070
Board of Health Meeting Minutes, January 6, 2021 (continuing the Board's Oct. 28, 2020 Order and the Health Officer's Nov. 20, 2020 Order)

Cascade City-County Board of Health Meeting Minutes, Wednesday, January 6, 2021

Cascade City-County Board of Health (record of Board action; Trisha Gardner, Public Health Officer), Cascade County (Great Falls), Montana (County)

Dates
In force from Jan. 6, 2021 to Jan. 22, 2021
Quarters
2021 Q1
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hours
Functions reached
DR; BA; AM; FC; PE; GATH; SF (masks; 50 percent)
Grade
Primary source read
Days in this quarter
17

The Order adopted by the BOH on October 28, 2020, would continue.... The Order issued by Ms. Gardner, Public Health Officer (PHO) on November 20, 2020, would continue until the latter of 1) a case rate of 25 per 100,000, or 2) The expiration of the Governor's declared State [of emergency]... This Order mirrored Governor Bullock's Directive issued on November 17, 2020... The measures/directives in place as of November 20th are relevant and current to January 6th, 2021.

Enforcement: Mont. Code Ann. 50-2-116, -118, -123, -124 (board and health officer orders)

Citation: Cascade City-County Board of Health (record of Board action; Trisha Gardner, Public Health Officer), Board of Health Meeting Minutes, January 6, 2021 (continuing the Board's Oct. 28, 2020 Order and the Health Officer's Nov. 20, 2020 Order) (Jan. 6, 2021) (Ex. MT-070) Open the exhibit

Ex. MT-081
Board of Health revision of COVID-19 mitigation requirements (Feb. 18, 2021): mask mandate retained; event capacities raised from 25 to 50 indoor and 100 outdoor; general business capacity limits removed except where needed for distancing; fitness facilities, pools, worship, personal care, restaurants and bars permitted with modifications

Missoula City-County Board of Health revision of Feb. 18, 2021

Missoula City-County Board of Health; Ellen Leahy, Health Officer, Missoula County, Montana (County)

Dates
In force from Feb. 18, 2021 to May 10, 2021
Quarters
2021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirement
Functions reached
GATH (50/100); MASK; FC; WS; SL; DR; BA
Grade
Confirmed from a secondary source
Days in this quarter
42 (in force on the last day)

'Not recommend relaxing the County's mask mandate' based on epidemiological data; event capacities increased from 25 to 50 for indoor events and 100 for outdoor gatherings; fitness facilities, pools, places of worship, personal care businesses, restaurants and bars permitted with modifications; general capacity limits removed except where necessary to maintain social distancing (Seeley Swan Pathfinder, Feb. 25, 2021, reporting the Board's Feb. 18, 2021 action)

Enforcement: Mont. Code Ann. 50-2-124

Citation: Missoula City-County Board of Health; Ellen Leahy, Health Officer, Board of Health revision of COVID-19 mitigation requirements (Feb. 18, 2021): mask mandate retained; event capacities raised from 25 to 50 indoor and 100 outdoor; general business capacity limits removed except where needed for distancing; fitness facilities, pools, worship, personal care, restaurants and bars permitted with modifications (Ex. MT-081)

Ex. MT-020
Directive Implementing Executive Order 2-2021 (Jan. 13, 2021)

Directive Implementing Executive Order 2-2021

Governor Greg Gianforte, Montana (State)

Dates
In force from Jan. 15, 2021 to Feb. 12, 2021 (issued Jan. 13, 2021)
Quarters
2021 Q1
Limitations
Telework mandateGathering capFace-covering requirementWorkplace rules
Functions reached
SF and all indoor public spaces (masks); OF office (teleworking policy); HR screening; GATH events (CDC distancing)
Grade
Primary source read
Days in this quarter
29

PUBLIC GATHERINGS. Any public gatherings or events should be managed in a way that accommodates CDC social distancing guidelines. BUSINESSES.... businesses should make reasonable efforts to develop and implement appropriate policies based on industry best practices during this emergency... regarding: 1) Social distancing; 2) Temperature checks and/or symptom screening; 3) Testing, isolating, and contact tracing, in collaboration with public health authorities; 4) Sanitation; 5) Use of disinfection of common and high-traffic areas; 6) Teleworking.... GENERAL MASKING REQUIREMENTS. A statewide mask mandate remains in effect, as follows: 1. A face covering that covers the mouth and nose shall be worn at all times in indoor spaces open to the public. Face coverings shall be provided for all employees and volunteers. All points of entry open to the public shall have a clearly visible sign…

Enforcement: Good-faith reliance on customer representations 'an affirmative and complete defense to any enforcement proceedings brought pursuant to this Directive'; 'all inconsistent local government health ordinances or orders are preempted by this Directive, but only to the extent they are less restrictive'

Citation: Governor Greg Gianforte, Directive Implementing Executive Order 2-2021 (Jan. 13, 2021) (Ex. MT-020) Open the exhibit

Ex. MT-054
Order of Health Officer January 7, 2021 (rescinding all prior local public health officer orders)

Order of Health Officer, January 7, 2021

John Felton, Local Public Health Officer, City-County of Yellowstone, Yellowstone County, Montana (County)

Dates
In force from Jan. 7, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitations
Other
Functions reached
end of Yellowstone County local layer; State Nov. 17 directive still governing to Jan. 15, 2021
Grade
Primary source read
Days in this quarter
84 (in force on the last day)

WHEREAS, on January 5, 2021, Greg Gianforte, Governor of the State of Montana, outlined his Administration's plans and principles to control the spread and impact of COVID-19... Effective immediately, all prior Local Public Health Officer's orders currently in effect shall be rescinded and no longer be in effect. In their place, each individual and business is expected to develop, maintain, and modify as appropriate to evolving conditions related to COVID-19, plans, actions, and processes to reduce the risk of spreading the novel coronavirus... any such plans and efforts should require compliance with any applicable Governor's and Local Public Health Officer's orders and directives that might be in place now or in the future

Enforcement: Mont. Code Ann. 50-2-118

Citation: John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Health Officer January 7, 2021 (rescinding all prior local public health officer orders) (Jan. 7, 2021) (Ex. MT-054) Open the exhibit

Ex. MT-019
Executive Order No. 2-2021

Executive Order Establishing a State of Emergency

Governor Greg Gianforte, Montana (State)

Dates
In force from Jan. 13, 2021 to June 30, 2021
Quarters
2021 Q12021 Q2
Limitations
Emergency declaration
Functions reached
predicate for 2021 MT measures
Grade
Primary source read
Days in this quarter
78 (in force on the last day)

NOW, THEREFORE, I, GREG GIANFORTE, Governor of the State of Montana, pursuant to the authority vested in me under the Constitution, Mont. Code Ann. 10-3-103, 10-3-104, 10-3-302, and any other applicable statutes, do hereby rescind Executive Order 2-2020 and 3-2020 and declare that a statewide emergency running concurrent to the emergency declaration of the President of the United States exists. THIS ORDER is effective immediately.

Enforcement: Predicate for the Jan. 13, Jan. 14 and Feb. 12, 2021 Directives and for the Banking Commissioner's Jan. 15, 2021 Proclamation

Citation: Governor Greg Gianforte, Executive Order No. 2-2021 (Jan. 13, 2021) (Ex. MT-019) Open the exhibit

Ex. MT-039
Directive Implementing Executive Order 2-2021 by modifying state laws to address the consequences of COVID (Jan. 14, 2021)

Directive Implementing Executive Order 2-2021 by modifying state laws to address the consequences of COVID

Governor Greg Gianforte, Montana (State)

Dates
In force from Jan. 14, 2021 to Feb. 12, 2021
Quarters
2021 Q1
Limitations
Emergency declarationHealth care ordersCourts and public officesSupply chainOther
Functions reached
continuity of every non-conflicting Bullock-era measure into Q1 2021
Grade
Primary source read
Days in this quarter
30

1. All directives issued pursuant to EO 2-2020 and EO 3-2020 continue to remain in force insofar as they do not conflict with the January 13, 2021, Directive regarding public gatherings, businesses, schools, and masks. 2. All government-issued regulations that rely on EO 2-2020 and EO 3-2020 remain in effect pursuant to EO 2-2021.

Enforcement: Mont. Code Ann. 10-3-104; less-restrictive local ordinances preempted

Citation: Governor Greg Gianforte, Directive Implementing Executive Order 2-2021 by modifying state laws to address the consequences of COVID (Jan. 14, 2021) (Ex. MT-039) Open the exhibit

Ex. MT-087
Senate Bill 65 (2021): COVID-19 civil liability protections for businesses, health care providers, nonprofit organizations and places of worship that take measures to protect individuals from COVID-19 and follow public health guidance

Senate Bill No. 65 (2021), COVID-19 liability protections

Montana Legislature (67th), Senate Bill 65, signed by Governor Gianforte Feb. 10, 2021, Montana (State)

Dates
In force from Feb. 10, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Workplace rulesOther
Functions reached
EMP written policies (condition of liability protection); OF; DR; WS
Grade
Confirmed from a secondary source
Days in this quarter
50 (in force on the last day)

The new law shields businesses, health care providers, nonprofit organizations, and places of worship from coronavirus-related lawsuits, provided they take measures to protect individuals from COVID-19 and follow public health guidelines (Governor's release, Feb. 10, 2021)

Enforcement: Civil liability standard (conditions the protection on compliance with public health guidance)

Citation: Montana Legislature (67th), Senate Bill 65, signed by Governor Gianforte Feb. 10, 2021, Senate Bill 65 (2021): COVID-19 civil liability protections for businesses, health care providers, nonprofit organizations and places of worship that take measures to protect individuals from COVID-19 and follow public health guidance (Feb. 10, 2021) (Ex. MT-087)

Ex. MT-021
Directive Implementing Executive Order 2-2021 (Feb. 12, 2021; rescinding and replacing all prior directives)

Directive Implementing Executive Order 2-2021

Governor Greg Gianforte, Montana (State)

Dates
In force from Feb. 12, 2021 to June 30, 2021
Quarters
2021 Q12021 Q2
Limitations
Telework mandateHealth care ordersAlcohol and barsCourts and public officesWorkplace rulesSupply chainOther
Functions reached
OF office (teleworking policy); HR screening; SV servicing and foreclosure (prohibited for non-payment); PM property management (evictions prohibited); CT local government hours and deadlines; DR delivery and alcohol delivery permitted; TM telehealth parity; HR credentialing (licensing suspensions); SC motor carrier hours and weights; VS corrections visitation
Grade
Primary source read
Days in this quarter
48 (in force on the last day)

I hereby rescind and replace all prior directives implementing Executive Order 2-2021 and direct the following measures be in place in the State of Montana effective immediately: GENERAL MASKING. Individual responsibility remains Montana's best tool to combat the spread of COVID-19. Montanans are encouraged to wear masks and should follow the best industry practices adopted by any business they visit... PHASED REOPENING OF MONTANA. The phased approach to reopening Montana is no longer in force.... BUSINESSES... businesses should make reasonable efforts to develop and implement appropriate policies based on industry best practices during this emergency... regarding: 1) Masking; 2) Social distancing; 3) Temperature checks and/or symptom screening; 4) Testing, isolating, and contact tracing, in collaboration with public health authorities; 5) Sanitation; 6) Use of disinfection of common and…

Enforcement: Mont. Code Ann. 10-3-104 suspension power; less-restrictive local ordinances preempted

Citation: Governor Greg Gianforte, Directive Implementing Executive Order 2-2021 (Feb. 12, 2021; rescinding and replacing all prior directives) (Ex. MT-021) Open the exhibit

Continuing in force from an earlier quarter of this report (38 instruments):

ExhibitCitationDatesLimitations
Ex. MT-013Governor Steve Bullock, Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A (Apr. 22, 2020) (Ex. MT-013)In force from Apr. 22, 2020 to June 1, 2020Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capTravel and quarantineSchools and child careHealth care ordersCurfew and hoursEvents and venuesWorkplace rules
Ex. MT-014Governor Steve Bullock, Phase Two Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two), with Appendices (May 19, 2020) (Ex. MT-014)In force from May 19, 2020 to Nov. 20, 2020Telework mandateCapacity limitGathering capTravel and quarantineSchools and child careHealth care ordersEvents and venuesWorkplace rulesOther
Ex. MT-015Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (Phase Two Directive and Appendix B updates) (June 18, 2020) (Ex. MT-015)In force from June 18, 2020 to Nov. 17, 2020Capacity limitGathering capWorkplace rules
Ex. MT-083Cascade City-County Board of Health, Board of Health Order of Oct. 28, 2020 (effective Nov. 1, 2020): gatherings capped at 50; bars, restaurants, casinos, gyms, movie theaters at 50 percent capacity; places of worship 75 percent; 12:30 a.m. closing unchanged (Ex. MT-083)In force from Nov. 1, 2020 to Jan. 6, 2021 (issued Oct. 28, 2020)Capacity limitGathering capCurfew and hours
Ex. MT-018Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (group size; bar and restaurant capacity and hours; statewide face coverings) (Nov. 17, 2020) (Ex. MT-018)In force from Nov. 20, 2020 to Jan. 13, 2021 (issued Nov. 17, 2020)Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and bars
Ex. MT-052John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Health Officer November 19, 2020 (25-person cap; 10 p.m. to 4 a.m. closure of all places of assembly; 50 percent capacity; congregate care order continued) (Nov. 19, 2020) (Ex. MT-052)In force from Nov. 20, 2020 to Dec. 31, 2020 (issued Nov. 19, 2020)Capacity limitGathering capFace-covering requirementHealth care ordersCurfew and hoursAlcohol and barsEvents and venues
Ex. MT-084Trisha Gardner, Public Health Officer, Cascade City-County Health Department; Board of Health (Jan. 20, 2021 amendments), Order of Health Officer of Nov. 20, 2020 (mirroring the Governor's Nov. 17 Directive: gatherings 25 without distancing / 50 with distancing; 50 percent capacity; 10 p.m. closing; masks and distancing required of all businesses), continued Jan. 6, 2021 and loosened effective 5:00 a.m. Jan. 22, 2021 (75 percent capacity; 12:30 a.m. to 4 a.m. closure; events of 250 indoor / 500 outdoor with approved plans; gathering caps and masks retained) until the case rate is at or below 25 per 100,000 for four consecutive weeks (Ex. MT-084)In force from Nov. 20, 2020 to June 30, 2021Capacity limitGathering capFace-covering requirementCurfew and hoursWorkplace rules
Ex. MT-053John Felton, Local Public Health Officer, City-County of Yellowstone, Amended Order of Local Public Health Officer December 10, 2020 (Dec. 10, 2020) (Ex. MT-053)In force from Dec. 10, 2020 to Jan. 7, 2021Capacity limitGathering capFace-covering requirementCurfew and hours
Ex. MT-080Missoula City-County Board of Health; Ellen Leahy, Health Officer, Missoula County bar and restaurant restrictions: 50 percent capacity and eight per table (October 2020); 10 p.m. closing (December 2020); Board revision of Jan. 21, 2021 (effective Jan. 22, 2021: capacity cap removed, 2 a.m. closing, eight per table, table service only, six-foot spacing, gaming machines spaced, masks except while eating or drinking) (Ex. MT-080)In force from Jan. 22, 2021 to Feb. 18, 2021 (issued Jan. 21, 2021)Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and bars
Ex. MT-077Gallatin City-County Board of Health, Phase Two reopening emergency rule (bars, restaurants, casinos, breweries and distilleries closing at 10 p.m.; 50 percent capacity), as amended April 2021 (eight per table; bar-stool spacing 3 feet), and Board action removing the enforcement mechanism of the Quarantine and Isolation Rule and the nursing-home visitation rules (April 2021) (Apr. 19, 2021) (Ex. MT-077)In force from Apr. 19, 2021 to May 27, 2021Capacity limitGathering capHealth care ordersCurfew and hoursQuarantine and isolation
Ex. MT-085Lewis and Clark County Commissioners; Lewis and Clark City-County Board of Health and Health Officer, County COVID-19 emergency declaration of March 13, 2020 (rescinded July 2021) and county public health rules (masks; gathering limits) tightened January 2021 and no longer enforced after HB 257 (May 2021) (Mar. 13, 2020) (Ex. MT-085)In force from Mar. 13, 2020 to Mar. 13, 2020Emergency declarationGathering capFace-covering requirement
Ex. MT-003Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (school closure; nursing homes; social distancing; transportation; National Guard) (Mar. 15, 2020) (Ex. MT-003)In force from Mar. 15, 2020 to Mar. 31, 2021Emergency declarationGathering capSchools and child careHealth care ordersSupply chain
Ex. MT-040Montana Department of Revenue, Alcoholic Beverage Control Division, Guidance for Governor's Directive: Businesses that can sell and deliver alcohol for off-premises consumption during state shut down (Mar. 20, 2020) (Ex. MT-040)In force from Mar. 20, 2020 to June 30, 2021Business closureAlcohol and bars
Ex. MT-016Governor Steve Bullock, Face Covering Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the mandatory use of face coverings in certain settings) (July 15, 2020) (Ex. MT-016)In force from July 15, 2020 to Mar. 31, 2021Gathering capFace-covering requirementWorkplace rules
Ex. MT-060Chief Justice Mike McGrath, Supreme Court of Montana, Memorandum of the Chief Justice, December 21, 2020: Updated Judicial Branch Covid-19 Protocols (Dec. 21, 2020) (Ex. MT-060)In force from Dec. 21, 2020 to May 17, 2021Gathering capFace-covering requirementCourts and public officesWorkplace rules
Ex. MT-001Governor Steve Bullock, Executive Order No. 2-2020 (Mar. 12, 2020) (Ex. MT-001)In force from Mar. 12, 2020 to Jan. 13, 2021Emergency declaration
Ex. MT-002Governor Steve Bullock, Executive Order No. 3-2020 (Mar. 13, 2020) (Ex. MT-002)In force from Mar. 13, 2020 to Jan. 13, 2021Emergency declaration
Ex. MT-004Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (additional direction on school closures) (Mar. 19, 2020) (Ex. MT-004)In force from Mar. 19, 2020 to Jan. 13, 2021Schools and child care
Ex. MT-023Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (expanded telehealth) (Mar. 20, 2020) (Ex. MT-023)In force from Mar. 20, 2020 to Feb. 12, 2021Health care orders
Ex. MT-006Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (hospital surge capacity; procurement; patient transfer) (Mar. 23, 2020) (Ex. MT-006)In force from Mar. 23, 2020 to Feb. 12, 2021Health care ordersSupply chain
Ex. MT-008Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (operation of local government) (Mar. 24, 2020) (Ex. MT-008)In force from Mar. 24, 2020 to Feb. 12, 2021Courts and public officesOther
Ex. MT-024Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (relief of certain regulatory requirements; commercial carriers) (Mar. 27, 2020) (Ex. MT-024)In force from Mar. 27, 2020 to Feb. 12, 2021Supply chainOther
Ex. MT-026Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (state correctional and state-contracted correctional facilities) (Apr. 1, 2020) (Ex. MT-026)In force from Apr. 1, 2020 to June 30, 2021Courts and public officesQuarantine and isolationOther
Ex. MT-027Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (medical marijuana) (Apr. 1, 2020) (Ex. MT-027)In force from Apr. 1, 2020 to Mar. 31, 2021Health care ordersOther
Ex. MT-028Governor Steve Bullock, Directive implementing EOs 2-2020 and 3-2020 (Apr. 2, 2020) (Ex. MT-028)In force from Apr. 2, 2020 to Mar. 31, 2021Courts and public offices
Ex. MT-064Matt Kelley, Health Officer, Gallatin City-County Health Department, Order of Health Officer HO-2020-002, Quarantine and Isolation (Apr. 7, 2020) (Ex. MT-064)In force from Apr. 7, 2020 to Apr. 15, 2020Quarantine and isolation
Ex. MT-066Gallatin City-County Board of Health, Emergency Local Health Rule Relating to COVID-19, EHR-2020-002, Quarantine and Isolation (Apr. 15, 2020) (Ex. MT-066)In force from Apr. 15, 2020 to Mar. 31, 2021Quarantine and isolation
Ex. MT-031Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (easing licensing requirements for health care providers) (Apr. 21, 2020) (Ex. MT-031)In force from Apr. 21, 2020 to June 30, 2021Health care orders
Ex. MT-032Governor Steve Bullock, Montana Directive of May 7, 2020 (congregate care) (Ex. MT-032)In force from May 7, 2020 to June 30, 2021Health care ordersWorkplace rules
Ex. MT-034Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (senior living and assisted living facilities visitation) (June 25, 2020) (Ex. MT-034)In force from June 25, 2020 to July 13, 2020Health care orders
Ex. MT-079Missoula City-County Board of Health; Ellen Leahy, Health Officer, Countywide face covering rule (masks in all indoor public spaces and businesses; employers to enforce) (July 9, 2020) (Ex. MT-079)In force from July 9, 2020 to May 10, 2021Face-covering requirementWorkplace rules
Ex. MT-035Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (nursing homes, skilled nursing facilities, senior and assisted living facilities) (July 13, 2020) (Ex. MT-035)In force from July 13, 2020 to Jan. 13, 2021Health care orders
Ex. MT-076Gallatin City-County Board of Health; Matt Kelley, Health Officer, Emergency face covering rule (countywide mask mandate), adopted July 2020; extended Jan. 20, 2021 (to Apr. 20, 2021) and April 2021 (to May 27, 2021); enforcement lifted by the Health Officer May 14, 2021 (July 17, 2020) (Ex. MT-076)In force from July 17, 2020 to May 14, 2021Face-covering requirementWorkplace rules
Ex. MT-036Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (offsite learning residency requirements) (July 31, 2020) (Ex. MT-036)In force from July 31, 2020 to Mar. 31, 2021Schools and child care
Ex. MT-017Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (mandatory face coverings in all K-12 schools) (Aug. 12, 2020) (Ex. MT-017)In force from Aug. 12, 2020 to Nov. 20, 2020Face-covering requirementSchools and child care
Ex. MT-037Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (licensure late fees; pharmacist vaccination; classroom face coverings) (Aug. 27, 2020) (Ex. MT-037)In force from Aug. 27, 2020 to June 30, 2021Face-covering requirementSchools and child careHealth care ordersOther
Ex. MT-074John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Local Public Health Officer, October 26, 2020 (Congregate Care) (Oct. 26, 2020) (Ex. MT-074)In force from Oct. 26, 2020 to Mar. 31, 2021Face-covering requirementHealth care orders
Ex. MT-041Montana Division of Banking and Financial Institutions, Commissioner Melanie G. Hall, Supervisory Memorandum and Order Rescinding Proclamation (branch closure Proclamations of Mar. 13, 2020 and Jan. 15, 2021) (July 12, 2021) (Ex. MT-041)In force from July 12, 2021; end: n/a (terminating instrument); the Proclamations it rescinds ran Mar. 13, 2020 to…Emergency declarationOther

Agencies, boards and authorities: Montana

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-TRADE-BOARDS-060Supreme Court of Montana (McGrath, C.J., and six Justices), Order, In re Rules for Admission to the Bar of Montana, No. AF 11-0244 (June 17, 2020), adopting Temporary Rules for Admission to the Bar of Montana (provisional admission for candidates unable or unwilling to sit for the July 28-29, 2020 exam) (Ex. AGY-ST-TRADE-BOARDS-060)In force from June 17, 2020 to Mar. 31, 2021Gathering capCourts and public officesOther

End of general restrictions, State of Montana: Directive Implementing Executive Order 2-2021 (Gov. Gianforte, Jan. 13, 2021; effective 5:00 a.m. Jan. 15, 2021) removed the capacity, hours-of-service and gathering-size limits of the Nov. 17, 2020 Directive and retained only the statewide mask mandate (Ex. MT-020); the Directive Implementing Executive Order 2-2021 of Feb. 12, 2021 (effective immediately) rescinded and replaced all prior directives, let the statewide mask mandate expire ('Montanans are encouraged to wear masks'), and declared that 'The phased approach to reopening Montana is no longer in force' (Ex. MT-021). (2021-02-12 (business capacity, hours and gathering limits ended 2021-01-15; mask mandate ended 2021-02-12)). What remained: Executive Order 2-2021's state of emergency to June 30, 2021 (Ex. MT-019, MT-022); the Feb. 12, 2021 Directive's continuing measures to the end of the emergency: businesses 'should make reasonable efforts to develop and implement appropriate policies' on masking, distancing, screening, testing and isolation, sanitation and teleworking; evictions and foreclosures for non-payment 'prohibited in the same manner as established by CDC and... HHS temporary orders'; the Department of Corrections' visitation restrictions and 14-day intake quarantine; health-care licensing, telehealth, congregate-care and motor-carrier suspensions (Ex. MT-021); the Jan. 14, 2021 Directive continuing every Bullock-era directive and regulation not in conflict with the Jan. 13 Directive (Ex. MT-039); county and city-county health rules: Missoula's mask mandate and event caps (to May 10, 2021), Gallatin's face-covering rule (to May 14, 2021; Board rule nominally to May 27), Gallatin's Phase Two rule (10 p.m. close, 50 percent capacity, amended Apr. 2021), Cascade County's Nov. 20, 2020 order as loosened Jan. 22, 2021 (75 percent, 12:30 a.m. close, 25/50 gathering cap, masks) and Lewis and Clark County's rules (to May 2021); the Supreme Court's Dec. 21, 2020 protocols (courtroom masks; remote hearings) to May 17, 2021 (Ex. MT-060, MT-061); the Banking Commissioner's Jan. 15, 2021 Proclamation permitting branch closures (rescinded July 12, 2021, Ex. MT-041); nursing-home and assisted-living visitation conditions under the CMS rules; the federal layer.

Preemption of local orders, State of Montana: The Bullock Directives preempted local orders only downward: each recites that 'all inconsistent emergency county health ordinances are preempted by this Directive, but only to the extent they are less restrictive. Counties may adopt more restrictive ordinances' (Ex. MT-005, MT-007, MT-009, MT-010, MT-012, MT-014, MT-016, MT-017, MT-018); the Apr. 22 and May 19 reopening Directives add that 'nothing in this Directive prohibits local public health authorities from adopting more restrictive approaches based on local need' and that the phases may be implemented 'on a statewide, tribal, or county-by-county basis' (Ex. MT-013, MT-014). Governor Gianforte's Directives of Jan. 13, Jan. 14 and Feb. 12, 2021 carry the same less-restrictive-only preemption clause (Ex. MT-020, MT-021, MT-039), so Gallatin, Missoula, Cascade and Lewis and Clark Counties lawfully kept mask, capacity, hours and gathering rules after the State's ended. The Legislature then constrained local authority by statute: HB 121 (signed Apr. 16, 2021) added Mont. Code Ann. 50-2-116(4), under which a local board's emergency directive 'remains in effect only during the declared state of emergency or disaster or until the governing body holds a public meeting and allows public comment and the majority of the governing body moves to amend, rescind, or otherwise change the directive'; HB 257 (signed May 7, 2021, after an amendatory veto) added 50-2-116(5), under which a jurisdiction-wide local regulation or order 'may not: (a) compel a private business to deny a customer of the private business access to the premises or access to goods or services; (b) deny a customer of a private business the ability to access goods or services provided by the private business; or (c) include... the assessment of a fee or fine... revocation of a license... [or] a misdemeanor' for noncompliance, with 50-2-116(7) preserving enforcement of 'all lawfully adopted regulations, directives, and orders' (Ex. MT-073); HB 702 (signed May 7, 2021) added 49-2-312, which forbids any person, governmental entity, employer or public accommodation to condition services, employment or access on vaccination status, and 50-2-116(8) forbids a local board to require vaccination (Ex. MT-072, MT-073). The State never barred local mask or gathering orders as such before those statutes; after them, the county rules of 2020-21 were rescinded (Missoula May 10, Gallatin May 14, 2021) and no county reimposed a general order in Q3 2021.

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 Montana

Ex. MT-073
Mont. Code Ann. 50-2-116, Powers and duties of local boards of health, as amended in 2021 (HB 121: governing-body control of emergency health orders; HB 257: local rules may not compel businesses to deny customer access)

Mont. Code Ann. 50-2-116. Powers and duties of local boards of health (MCA 2025 text with 2021 amendments)

Montana Legislature (67th): HB 121 (approved Apr. 16, 2021) and HB 257 (approved May 7, 2021 after an amendatory veto); codified at Mont. Code Ann. 50-2-116(4)-(9) (amd. Sec. 4, Ch. 324, L. 2021; amd. Sec. 8, Ch. 408, L. 2021), Montana (State)

Dates
In force from Apr. 16, 2021 to Sept. 30, 2021 (issued May 7, 2021)
Quarters
2021 Q22021 Q3
Limitations
Events and venuesVaccination or testingOther
Functions reached
framework governing every local order in force after Apr. 16 / May 7, 2021; WS worship (local limits barred); CB (customer-access rules barred); HR (local vaccination requirements barred)
Grade
Primary source read
Days in this quarter
76 (in force on the last day)

(4) A directive, mandate, or order issued by a local board of health in response to a declaration of emergency or disaster by the governor as allowed in 10-3-303 or by the principal executive officer of a political subdivision as allowed in 10-3-402 and 10-3-403: (a) remains in effect only during the declared state of emergency or disaster or until the governing body holds a public meeting and allows public comment and the majority of the governing body moves to amend, rescind, or otherwise change the directive, mandate, or order; and (b) may not interfere with or otherwise limit, modify, or abridge a person's physical attendance at or operation of a religious facility, church, synagogue, or other place of worship. (5) A regulation allowed in subsection (2)(c)(i), (2)(c)(ii), or (2)(c)(vi) adopted or a directive, mandate, or order implemented to carry out the provisions of this part that…

Enforcement: Statutory limits on local boards; 50-2-116(6): the (5)(b) prohibition 'does not apply to persons confirmed to have a communicable disease and who are currently under a public isolation order'

Citation: Montana Legislature (67th): HB 121 (approved Apr. 16, 2021) and HB 257 (approved May 7, 2021 after an amendatory veto); codified at Mont. Code Ann. 50-2-116(4)-(9) (amd. Sec. 4, Ch. 324, L. 2021; amd. Sec. 8, Ch. 408, L. 2021), Mont. Code Ann. 50-2-116, Powers and duties of local boards of health, as amended in 2021 (HB 121: governing-body control of emergency health orders; HB 257: local rules may not compel businesses to deny customer access) (May 7, 2021) (Ex. MT-073) Open the exhibit

Ex. MT-072
House Bill 702 (2021), An Act Prohibiting Discrimination Based on a Person's Vaccination Status or Possession of an Immunity Passport, codified at Mont. Code Ann. 49-2-312

Mont. Code Ann. 49-2-312. Discrimination based on vaccination status or possession of immunity passport prohibited -- definitions (En. Sec. 1, Ch. 418, L. 2021)

Montana Legislature (67th), HB 702, approved by Governor Gianforte May 7, 2021; 2021 Mont. Laws ch. 418, Montana (State)

Dates
In force from May 7, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Workplace rulesVaccination or testing
Functions reached
HR hiring and employment conditions (vaccination requirements prohibited); CB customers (vaccination-proof for entry prohibited); IC infection control (health care facilities limited to accommodation measures); WF
Grade
Primary source read
Days in this quarter
55 (in force on the last day)

(1) Except as provided in subsection (2), it is an unlawful discriminatory practice for: (a) a person or a governmental entity to refuse, withhold from, or deny to a person any local or state services, goods, facilities, advantages, privileges, licensing, educational opportunities, health care access, or employment opportunities based on the person's vaccination status or whether the person has an immunity passport; (b) an employer to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment based on the person's vaccination status or whether the person has an immunity passport; or (c) a public accommodation to exclude, limit, segregate, refuse to serve, or otherwise discriminate against a person based on the person's vaccination status or whether the person has an immunity…

Enforcement: Montana Human Rights Act complaint and remedies (Title 49, ch. 2, part 5); HB 702 sec. 2: licensed nursing homes, long-term care and assisted living facilities exempt while compliance 'would result in a violation of regulations or guidance issued by the centers for medicare and medicaid services or the centers for disease control and prevention'

Citation: Montana Legislature (67th), HB 702, approved by Governor Gianforte May 7, 2021; 2021 Mont. Laws ch. 418, House Bill 702 (2021), An Act Prohibiting Discrimination Based on a Person's Vaccination Status or Possession of an Immunity Passport, codified at Mont. Code Ann. 49-2-312 (May 7, 2021) (Ex. MT-072) Open the exhibit

Ex. MT-082
Rescission of the Missoula County mask mandate (masks recommended in five settings)

Missoula County mask mandate rescission, May 10, 2021

Ellen Leahy, Health Officer, Missoula City-County Health Department (under the Board's April 2021 direction), Missoula County, Montana (County)

Dates
In force from May 10, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Face-covering requirement
Functions reached
end of Missoula County mask layer
Grade
Confirmed from a secondary source
Days in this quarter
52 (in force on the last day)

Effective immediately as of May 10, 2021, rescinded by Health Officer Ellen Leahy following the Missoula County Health Board's April directive; face coverings remained recommended (not mandated) in five settings including 'inside health care facilities, businesses, agencies, classrooms, and government offices where the public is present' (KPAX); the county had met its goal of 60% of eligible residents with at least one dose

Enforcement: n/a

Citation: Ellen Leahy, Health Officer, Missoula City-County Health Department (under the Board's April 2021 direction), Rescission of the Missoula County mask mandate (masks recommended in five settings) (May 10, 2021) (Ex. MT-082)

Ex. MT-061
Memorandum of the Chief Justice, May 17, 2021: Updated Judicial Branch Covid-19 Protocols

Updated Judicial Branch Covid-19 Protocols, May 17, 2021

Chief Justice Mike McGrath, Supreme Court of Montana, Montana (statewide judiciary) (Court)

Dates
In force from May 17, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT courts (remote hearings continue; local mask discretion)
Grade
Primary source read
Days in this quarter
45 (in force on the last day)

Considering new guidance from public health authorities, the availability of effective vaccines, and pursuant to state and federal public health recommendations, and on behalf of the Supreme Court, I am updating and ordering the following minimum requirements: 1. Face masks or face covering are not required but can be ordered locally at the discretion of judges, when appropriate and necessary.... Face coverings are no longer required, unless required by the court locally, in Judicial Branch offices, hallways, and other spaces. 2. Courts can continue using remote-hearing or telephonic hearings for cases, which will allow a limit to the number of people in a courthouse and in a courtroom. Attorneys or litigants who are considered to be at high-risk if exposed to COVID-19 should be allowed to appear remotely if requesting to do so.

Enforcement: Ordered 'on behalf of the Supreme Court'

Citation: Chief Justice Mike McGrath, Supreme Court of Montana, Memorandum of the Chief Justice, May 17, 2021: Updated Judicial Branch Covid-19 Protocols (Ex. MT-061) Open the exhibit

Ex. MT-022
Executive Order No. 10-2021

Executive Order Rescinding State of Emergency

Governor Greg Gianforte, Montana (State)

Dates
In force from June 30, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Emergency declaration
Functions reached
end of State emergency layer
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

WHEREAS, most Montanans have returned to a sense of normalcy and regular life; and WHEREAS, conditions no longer warrant the continuation of the state of emergency; NOW, THEREFORE, I, GREG GIANFORTE, Governor of the State of Montana, pursuant to the authority vested in me under the Constitution, Mont. Code Ann. 10-3-103, 10-3-104, 10-3-302, and any other applicable statutes, do hereby rescind Executive Order 2-2021 and lift Montana's state of emergency. THIS ORDER is effective immediately.

Enforcement: Terminates the Feb. 12, 2021 Directive and every regulatory suspension tied to the emergency; triggered the Banking Commissioner's July 12, 2021 rescission (MT-041)

Citation: Governor Greg Gianforte, Executive Order No. 10-2021 (June 30, 2021) (Ex. MT-022) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. MT-084Trisha Gardner, Public Health Officer, Cascade City-County Health Department; Board of Health (Jan. 20, 2021 amendments), Order of Health Officer of Nov. 20, 2020 (mirroring the Governor's Nov. 17 Directive: gatherings 25 without distancing / 50 with distancing; 50 percent capacity; 10 p.m. closing; masks and distancing required of all businesses), continued Jan. 6, 2021 and loosened effective 5:00 a.m. Jan. 22, 2021 (75 percent capacity; 12:30 a.m. to 4 a.m. closure; events of 250 indoor / 500 outdoor with approved plans; gathering caps and masks retained) until the case rate is at or below 25 per 100,000 for four consecutive weeks (Ex. MT-084)In force from Nov. 20, 2020 to June 30, 2021Capacity limitGathering capFace-covering requirementCurfew and hoursWorkplace rules
Ex. MT-081Missoula City-County Board of Health; Ellen Leahy, Health Officer, Board of Health revision of COVID-19 mitigation requirements (Feb. 18, 2021): mask mandate retained; event capacities raised from 25 to 50 indoor and 100 outdoor; general business capacity limits removed except where needed for distancing; fitness facilities, pools, worship, personal care, restaurants and bars permitted with modifications (Ex. MT-081)In force from Feb. 18, 2021 to May 10, 2021Capacity limitGathering capFace-covering requirement
Ex. MT-077Gallatin City-County Board of Health, Phase Two reopening emergency rule (bars, restaurants, casinos, breweries and distilleries closing at 10 p.m.; 50 percent capacity), as amended April 2021 (eight per table; bar-stool spacing 3 feet), and Board action removing the enforcement mechanism of the Quarantine and Isolation Rule and the nursing-home visitation rules (April 2021) (Apr. 19, 2021) (Ex. MT-077)In force from Apr. 19, 2021 to May 27, 2021Capacity limitGathering capHealth care ordersCurfew and hoursQuarantine and isolation
Ex. MT-085Lewis and Clark County Commissioners; Lewis and Clark City-County Board of Health and Health Officer, County COVID-19 emergency declaration of March 13, 2020 (rescinded July 2021) and county public health rules (masks; gathering limits) tightened January 2021 and no longer enforced after HB 257 (May 2021) (Mar. 13, 2020) (Ex. MT-085)In force from Mar. 13, 2020 to Mar. 13, 2020Emergency declarationGathering capFace-covering requirement
Ex. MT-040Montana Department of Revenue, Alcoholic Beverage Control Division, Guidance for Governor's Directive: Businesses that can sell and deliver alcohol for off-premises consumption during state shut down (Mar. 20, 2020) (Ex. MT-040)In force from Mar. 20, 2020 to June 30, 2021Business closureAlcohol and bars
Ex. MT-060Chief Justice Mike McGrath, Supreme Court of Montana, Memorandum of the Chief Justice, December 21, 2020: Updated Judicial Branch Covid-19 Protocols (Dec. 21, 2020) (Ex. MT-060)In force from Dec. 21, 2020 to May 17, 2021Gathering capFace-covering requirementCourts and public officesWorkplace rules
Ex. MT-023Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (expanded telehealth) (Mar. 20, 2020) (Ex. MT-023)In force from Mar. 20, 2020 to Feb. 12, 2021Health care orders
Ex. MT-006Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (hospital surge capacity; procurement; patient transfer) (Mar. 23, 2020) (Ex. MT-006)In force from Mar. 23, 2020 to Feb. 12, 2021Health care ordersSupply chain
Ex. MT-008Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (operation of local government) (Mar. 24, 2020) (Ex. MT-008)In force from Mar. 24, 2020 to Feb. 12, 2021Courts and public officesOther
Ex. MT-024Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (relief of certain regulatory requirements; commercial carriers) (Mar. 27, 2020) (Ex. MT-024)In force from Mar. 27, 2020 to Feb. 12, 2021Supply chainOther
Ex. MT-026Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (state correctional and state-contracted correctional facilities) (Apr. 1, 2020) (Ex. MT-026)In force from Apr. 1, 2020 to June 30, 2021Courts and public officesQuarantine and isolationOther
Ex. MT-031Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (easing licensing requirements for health care providers) (Apr. 21, 2020) (Ex. MT-031)In force from Apr. 21, 2020 to June 30, 2021Health care orders
Ex. MT-032Governor Steve Bullock, Montana Directive of May 7, 2020 (congregate care) (Ex. MT-032)In force from May 7, 2020 to June 30, 2021Health care ordersWorkplace rules
Ex. MT-079Missoula City-County Board of Health; Ellen Leahy, Health Officer, Countywide face covering rule (masks in all indoor public spaces and businesses; employers to enforce) (July 9, 2020) (Ex. MT-079)In force from July 9, 2020 to May 10, 2021Face-covering requirementWorkplace rules
Ex. MT-076Gallatin City-County Board of Health; Matt Kelley, Health Officer, Emergency face covering rule (countywide mask mandate), adopted July 2020; extended Jan. 20, 2021 (to Apr. 20, 2021) and April 2021 (to May 27, 2021); enforcement lifted by the Health Officer May 14, 2021 (July 17, 2020) (Ex. MT-076)In force from July 17, 2020 to May 14, 2021Face-covering requirementWorkplace rules
Ex. MT-037Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (licensure late fees; pharmacist vaccination; classroom face coverings) (Aug. 27, 2020) (Ex. MT-037)In force from Aug. 27, 2020 to June 30, 2021Face-covering requirementSchools and child careHealth care ordersOther
Ex. MT-019Governor Greg Gianforte, Executive Order No. 2-2021 (Jan. 13, 2021) (Ex. MT-019)In force from Jan. 13, 2021 to June 30, 2021Emergency declaration
Ex. MT-087Montana Legislature (67th), Senate Bill 65, signed by Governor Gianforte Feb. 10, 2021, Senate Bill 65 (2021): COVID-19 civil liability protections for businesses, health care providers, nonprofit organizations and places of worship that take measures to protect individuals from COVID-19 and follow public health guidance (Feb. 10, 2021) (Ex. MT-087)In force from Feb. 10, 2021 to Sept. 30, 2021Workplace rulesOther
Ex. MT-021Governor Greg Gianforte, Directive Implementing Executive Order 2-2021 (Feb. 12, 2021; rescinding and replacing all prior directives) (Ex. MT-021)In force from Feb. 12, 2021 to June 30, 2021Telework mandateHealth care ordersAlcohol and barsCourts and public officesWorkplace rulesSupply chainOther
Ex. MT-041Montana Division of Banking and Financial Institutions, Commissioner Melanie G. Hall, Supervisory Memorandum and Order Rescinding Proclamation (branch closure Proclamations of Mar. 13, 2020 and Jan. 15, 2021) (July 12, 2021) (Ex. MT-041)In force from July 12, 2021; end: n/a (terminating instrument); the Proclamations it rescinds ran Mar. 13, 2020 to…Emergency declarationOther

Agencies, boards and authorities: Montana

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

End of general restrictions, State of Montana: Directive Implementing Executive Order 2-2021 (Gov. Gianforte, Jan. 13, 2021; effective 5:00 a.m. Jan. 15, 2021) removed the capacity, hours-of-service and gathering-size limits of the Nov. 17, 2020 Directive and retained only the statewide mask mandate (Ex. MT-020); the Directive Implementing Executive Order 2-2021 of Feb. 12, 2021 (effective immediately) rescinded and replaced all prior directives, let the statewide mask mandate expire ('Montanans are encouraged to wear masks'), and declared that 'The phased approach to reopening Montana is no longer in force' (Ex. MT-021). (2021-02-12 (business capacity, hours and gathering limits ended 2021-01-15; mask mandate ended 2021-02-12)). What remained: Executive Order 2-2021's state of emergency to June 30, 2021 (Ex. MT-019, MT-022); the Feb. 12, 2021 Directive's continuing measures to the end of the emergency: businesses 'should make reasonable efforts to develop and implement appropriate policies' on masking, distancing, screening, testing and isolation, sanitation and teleworking; evictions and foreclosures for non-payment 'prohibited in the same manner as established by CDC and... HHS temporary orders'; the Department of Corrections' visitation restrictions and 14-day intake quarantine; health-care licensing, telehealth, congregate-care and motor-carrier suspensions (Ex. MT-021); the Jan. 14, 2021 Directive continuing every Bullock-era directive and regulation not in conflict with the Jan. 13 Directive (Ex. MT-039); county and city-county health rules: Missoula's mask mandate and event caps (to May 10, 2021), Gallatin's face-covering rule (to May 14, 2021; Board rule nominally to May 27), Gallatin's Phase Two rule (10 p.m. close, 50 percent capacity, amended Apr. 2021), Cascade County's Nov. 20, 2020 order as loosened Jan. 22, 2021 (75 percent, 12:30 a.m. close, 25/50 gathering cap, masks) and Lewis and Clark County's rules (to May 2021); the Supreme Court's Dec. 21, 2020 protocols (courtroom masks; remote hearings) to May 17, 2021 (Ex. MT-060, MT-061); the Banking Commissioner's Jan. 15, 2021 Proclamation permitting branch closures (rescinded July 12, 2021, Ex. MT-041); nursing-home and assisted-living visitation conditions under the CMS rules; the federal layer.

Preemption of local orders, State of Montana: The Bullock Directives preempted local orders only downward: each recites that 'all inconsistent emergency county health ordinances are preempted by this Directive, but only to the extent they are less restrictive. Counties may adopt more restrictive ordinances' (Ex. MT-005, MT-007, MT-009, MT-010, MT-012, MT-014, MT-016, MT-017, MT-018); the Apr. 22 and May 19 reopening Directives add that 'nothing in this Directive prohibits local public health authorities from adopting more restrictive approaches based on local need' and that the phases may be implemented 'on a statewide, tribal, or county-by-county basis' (Ex. MT-013, MT-014). Governor Gianforte's Directives of Jan. 13, Jan. 14 and Feb. 12, 2021 carry the same less-restrictive-only preemption clause (Ex. MT-020, MT-021, MT-039), so Gallatin, Missoula, Cascade and Lewis and Clark Counties lawfully kept mask, capacity, hours and gathering rules after the State's ended. The Legislature then constrained local authority by statute: HB 121 (signed Apr. 16, 2021) added Mont. Code Ann. 50-2-116(4), under which a local board's emergency directive 'remains in effect only during the declared state of emergency or disaster or until the governing body holds a public meeting and allows public comment and the majority of the governing body moves to amend, rescind, or otherwise change the directive'; HB 257 (signed May 7, 2021, after an amendatory veto) added 50-2-116(5), under which a jurisdiction-wide local regulation or order 'may not: (a) compel a private business to deny a customer of the private business access to the premises or access to goods or services; (b) deny a customer of a private business the ability to access goods or services provided by the private business; or (c) include... the assessment of a fee or fine... revocation of a license... [or] a misdemeanor' for noncompliance, with 50-2-116(7) preserving enforcement of 'all lawfully adopted regulations, directives, and orders' (Ex. MT-073); HB 702 (signed May 7, 2021) added 49-2-312, which forbids any person, governmental entity, employer or public accommodation to condition services, employment or access on vaccination status, and 50-2-116(8) forbids a local board to require vaccination (Ex. MT-072, MT-073). The State never barred local mask or gathering orders as such before those statutes; after them, the county rules of 2020-21 were rescinded (Missoula May 10, Gallatin May 14, 2021) and no county reimposed a general order in Q3 2021.

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 Montana

Ex. MT-071
DPHHS letter to providers: scope of the HB 702 Section 2 exemption for licensed nursing homes, long-term care and assisted living facilities

Dear Providers letter of July 28, 2021 (HB 702; CMS and CDC regulations or guidance)

Montana Department of Public Health and Human Services, Director's Office (Adam Meier, Director), Montana (Sector regulator)

Dates
In force from July 28, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Health care ordersVaccination or testing
Functions reached
IC infection control (staff vaccination programs); HR (vaccination inquiries limited); RS residential care
Grade
Primary source read
Days in this quarter
65 (in force on the last day)

You are likely aware that the 2021 House Bill 702 ("HB 702") generally added discrimination on the basis of vaccination status to the Montana Human Rights Act... Importantly, Section 2 of HB 702 exempts licensed nursing homes, long-term care facilities, and assisted living facilities from this nondiscrimination framework when compliance with the law would "result in a violation of regulations or guidance issued by the Centers for Medicare and Medicaid Services (CMS) or the Centers for Disease Control and Prevention."... Under the Interim Final Rules, every LTC and ICF-IID must have a vaccination program that meets the educational and information needs of each resident... and staff member.... The Interim Final Rules, however, do not require these facilities to ensure that residents and staff members are vaccinated.

Enforcement: Montana Human Rights Act enforcement (Title 49, ch. 2) as construed by the licensing agency

Citation: Montana Department of Public Health and Human Services, Director's Office (Adam Meier, Director), DPHHS letter to providers: scope of the HB 702 Section 2 exemption for licensed nursing homes, long-term care and assisted living facilities (July 28, 2021) (Ex. MT-071) Open the exhibit

Ex. MT-042
Temporary Emergency Rule I, MAR Notice No. 37-960 (Notice of Adoption of Temporary Emergency Rule)

In the matter of the adoption of Temporary Emergency Rule I to allow students and/or their parents or guardians the ability to opt-out of school health-related mandates for health, religious, moral, or other fundamental rights reasons

Montana Department of Public Health and Human Services, Montana (State)

Dates
In force from Aug. 31, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
IN in-person instruction (mask mandates conditioned); WF workforce (school conditions 2021-22)
Grade
Primary source read
Days in this quarter
31 (in force on the last day)

The rule directs that, if schools or school districts impose a health-related mandate on students, such as a mask mandate, they should consider, and be able to demonstrate they considered, parental concerns in adopting the mandate, and should provide the ability for students, and/or parents or guardians on behalf of their children, to choose to opt-out based on physical, mental, emotional, or psychosocial health concerns, as well as on the basis of religious belief, moral conviction, or other fundamental right

Enforcement: DPHHS rulemaking under 50-1-206 and 2-4-303; school districts' mask mandates conditioned

Citation: Montana Department of Public Health and Human Services, Temporary Emergency Rule I, MAR Notice No. 37-960 (Notice of Adoption of Temporary Emergency Rule) (Aug. 31, 2021) (Ex. MT-042) Open the exhibit

Ex. MT-088
School district mask requirements for the 2021-22 school year (Missoula, Bozeman, Helena, Billings, Whitefish)

2021-22 school district mask requirements (Montana)

Boards of Trustees of the named school districts, Missoula County Public Schools; Bozeman, Helena, Billings and Whitefish school districts, Montana (City)

Dates
In force from Aug. 31, 2021 to Aug. 31, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
IN in-person instruction; WF workforce (school conditions for employees' children); AC activities
Grade
Confirmed from a secondary source
Days in this quarter
1

The article names five districts that adopted mask mandates for the 2021-22 school year - Missoula, Whitefish, Bozeman, Billings, and Helena (Daily Montanan, Aug. 31, 2021); Missoula County Public Schools Superintendent Rob Watson stated 'the district's mask mandate will be enforced' (Montana Public Radio, Sept. 1, 2021)

Enforcement: District policy; conditioned by MAR 37-960 opt-outs

Citation: Boards of Trustees of the named school districts, School district mask requirements for the 2021-22 school year (Missoula, Bozeman, Helena, Billings, Whitefish) (Aug. 31, 2021) (Ex. MT-088) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. MT-085Lewis and Clark County Commissioners; Lewis and Clark City-County Board of Health and Health Officer, County COVID-19 emergency declaration of March 13, 2020 (rescinded July 2021) and county public health rules (masks; gathering limits) tightened January 2021 and no longer enforced after HB 257 (May 2021) (Mar. 13, 2020) (Ex. MT-085)In force from Mar. 13, 2020 to Mar. 13, 2020Emergency declarationGathering capFace-covering requirement
Ex. MT-087Montana Legislature (67th), Senate Bill 65, signed by Governor Gianforte Feb. 10, 2021, Senate Bill 65 (2021): COVID-19 civil liability protections for businesses, health care providers, nonprofit organizations and places of worship that take measures to protect individuals from COVID-19 and follow public health guidance (Feb. 10, 2021) (Ex. MT-087)In force from Feb. 10, 2021 to Sept. 30, 2021Workplace rulesOther
Ex. MT-073Montana Legislature (67th): HB 121 (approved Apr. 16, 2021) and HB 257 (approved May 7, 2021 after an amendatory veto); codified at Mont. Code Ann. 50-2-116(4)-(9) (amd. Sec. 4, Ch. 324, L. 2021; amd. Sec. 8, Ch. 408, L. 2021), Mont. Code Ann. 50-2-116, Powers and duties of local boards of health, as amended in 2021 (HB 121: governing-body control of emergency health orders; HB 257: local rules may not compel businesses to deny customer access) (May 7, 2021) (Ex. MT-073)In force from Apr. 16, 2021 to Sept. 30, 2021 (issued May 7, 2021)Events and venuesVaccination or testingOther
Ex. MT-072Montana Legislature (67th), HB 702, approved by Governor Gianforte May 7, 2021; 2021 Mont. Laws ch. 418, House Bill 702 (2021), An Act Prohibiting Discrimination Based on a Person's Vaccination Status or Possession of an Immunity Passport, codified at Mont. Code Ann. 49-2-312 (May 7, 2021) (Ex. MT-072)In force from May 7, 2021 to Sept. 30, 2021Workplace rulesVaccination or testing
Ex. MT-061Chief Justice Mike McGrath, Supreme Court of Montana, Memorandum of the Chief Justice, May 17, 2021: Updated Judicial Branch Covid-19 Protocols (Ex. MT-061)In force from May 17, 2021 to Sept. 30, 2021Face-covering requirementCourts and public offices
Ex. MT-041Montana Division of Banking and Financial Institutions, Commissioner Melanie G. Hall, Supervisory Memorandum and Order Rescinding Proclamation (branch closure Proclamations of Mar. 13, 2020 and Jan. 15, 2021) (July 12, 2021) (Ex. MT-041)In force from July 12, 2021; end: n/a (terminating instrument); the Proclamations it rescinds ran Mar. 13, 2020 to…Emergency declarationOther

Agencies, boards and authorities: Montana

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

End of general restrictions, State of Montana: Directive Implementing Executive Order 2-2021 (Gov. Gianforte, Jan. 13, 2021; effective 5:00 a.m. Jan. 15, 2021) removed the capacity, hours-of-service and gathering-size limits of the Nov. 17, 2020 Directive and retained only the statewide mask mandate (Ex. MT-020); the Directive Implementing Executive Order 2-2021 of Feb. 12, 2021 (effective immediately) rescinded and replaced all prior directives, let the statewide mask mandate expire ('Montanans are encouraged to wear masks'), and declared that 'The phased approach to reopening Montana is no longer in force' (Ex. MT-021). (2021-02-12 (business capacity, hours and gathering limits ended 2021-01-15; mask mandate ended 2021-02-12)). What remained: Executive Order 2-2021's state of emergency to June 30, 2021 (Ex. MT-019, MT-022); the Feb. 12, 2021 Directive's continuing measures to the end of the emergency: businesses 'should make reasonable efforts to develop and implement appropriate policies' on masking, distancing, screening, testing and isolation, sanitation and teleworking; evictions and foreclosures for non-payment 'prohibited in the same manner as established by CDC and... HHS temporary orders'; the Department of Corrections' visitation restrictions and 14-day intake quarantine; health-care licensing, telehealth, congregate-care and motor-carrier suspensions (Ex. MT-021); the Jan. 14, 2021 Directive continuing every Bullock-era directive and regulation not in conflict with the Jan. 13 Directive (Ex. MT-039); county and city-county health rules: Missoula's mask mandate and event caps (to May 10, 2021), Gallatin's face-covering rule (to May 14, 2021; Board rule nominally to May 27), Gallatin's Phase Two rule (10 p.m. close, 50 percent capacity, amended Apr. 2021), Cascade County's Nov. 20, 2020 order as loosened Jan. 22, 2021 (75 percent, 12:30 a.m. close, 25/50 gathering cap, masks) and Lewis and Clark County's rules (to May 2021); the Supreme Court's Dec. 21, 2020 protocols (courtroom masks; remote hearings) to May 17, 2021 (Ex. MT-060, MT-061); the Banking Commissioner's Jan. 15, 2021 Proclamation permitting branch closures (rescinded July 12, 2021, Ex. MT-041); nursing-home and assisted-living visitation conditions under the CMS rules; the federal layer.

Preemption of local orders, State of Montana: The Bullock Directives preempted local orders only downward: each recites that 'all inconsistent emergency county health ordinances are preempted by this Directive, but only to the extent they are less restrictive. Counties may adopt more restrictive ordinances' (Ex. MT-005, MT-007, MT-009, MT-010, MT-012, MT-014, MT-016, MT-017, MT-018); the Apr. 22 and May 19 reopening Directives add that 'nothing in this Directive prohibits local public health authorities from adopting more restrictive approaches based on local need' and that the phases may be implemented 'on a statewide, tribal, or county-by-county basis' (Ex. MT-013, MT-014). Governor Gianforte's Directives of Jan. 13, Jan. 14 and Feb. 12, 2021 carry the same less-restrictive-only preemption clause (Ex. MT-020, MT-021, MT-039), so Gallatin, Missoula, Cascade and Lewis and Clark Counties lawfully kept mask, capacity, hours and gathering rules after the State's ended. The Legislature then constrained local authority by statute: HB 121 (signed Apr. 16, 2021) added Mont. Code Ann. 50-2-116(4), under which a local board's emergency directive 'remains in effect only during the declared state of emergency or disaster or until the governing body holds a public meeting and allows public comment and the majority of the governing body moves to amend, rescind, or otherwise change the directive'; HB 257 (signed May 7, 2021, after an amendatory veto) added 50-2-116(5), under which a jurisdiction-wide local regulation or order 'may not: (a) compel a private business to deny a customer of the private business access to the premises or access to goods or services; (b) deny a customer of a private business the ability to access goods or services provided by the private business; or (c) include... the assessment of a fee or fine... revocation of a license... [or] a misdemeanor' for noncompliance, with 50-2-116(7) preserving enforcement of 'all lawfully adopted regulations, directives, and orders' (Ex. MT-073); HB 702 (signed May 7, 2021) added 49-2-312, which forbids any person, governmental entity, employer or public accommodation to condition services, employment or access on vaccination status, and 50-2-116(8) forbids a local board to require vaccination (Ex. MT-072, MT-073). The State never barred local mask or gathering orders as such before those statutes; after them, the county rules of 2020-21 were rescinded (Missoula May 10, Gallatin May 14, 2021) and no county reimposed a general order in Q3 2021.

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

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):

  • MT-072 Mont. Code Ann. 49-2-312 (HB 702, signed May 7, 2021; effective on passage): vaccination-status discrimination prohibited; no person may be required to receive an EUA vaccine; in force on every employer and public accommodation July 1 - Sept. 30, 2021
  • MT-073 Mont. Code Ann. 50-2-116(4)-(9) (HB 121, Apr. 16, 2021; HB 257, May 7, 2021): governing-body control of local emergency health orders; local rules may not compel a business to deny customer access; local boards may not require vaccination
  • MT-042 DPHHS Temporary Emergency Rule I, MAR Notice 37-960 (Aug. 31, 2021): school mask-mandate opt-outs; up to 120 days under Mont. Code Ann. 2-4-303
  • MT-071 DPHHS letter to providers on HB 702 Section 2 exemption and CMS interim final rules (July 28, 2021)
  • MT-088 School-board mask requirements for 2021-22 in Missoula County Public Schools, Bozeman, Helena, Billings and Whitefish (Aug.-Sept. 2021; secondary)
  • MT-087 SB 65 (Feb. 10, 2021) COVID-19 liability conditions for businesses, health care providers, nonprofits and places of worship following public health guidance (secondary)
  • MT-041 Banking Commissioner's Proclamation of Jan. 15, 2021 permitting state-chartered banks and credit unions to close any office (in force July 1 - July 12, 2021; rescinded July 12, 2021)
  • MT-061 Montana Supreme Court Chief Justice memorandum of May 17, 2021: remote and telephonic hearings continue; masks at local judicial discretion; jury-trial planning with local public health
  • Federal layer: CDC conveyance mask order and TSA security directives; OSHA Healthcare ETS, 29 C.F.R. 1910.502 (from June 21, 2021); CDC eviction moratorium to Aug. 26, 2021; CMS long-term care rules cited in MT-071

5. Standing duties in Montana

Montana's compulsion ran on four standing tracks, none written for COVID-19 and none dependent on the life of a Directive. First, the public health code. The Department of Public Health and Human Services 'shall' 'make inspections for conditions of public health importance and issue written orders for correction, destruction, or removal of the condition' and 'identify, assess, prevent, and mitigate conditions of public health importance through... isolation and quarantine measures... abatement of public health nuisances... inspections' (Mont. Code Ann. 50-1-202(1)(a), (d); DUT-MT-001); it may inspect 'theaters... and other buildings or facilities where persons assemble' and 'direct that conditions be corrected' (50-1-203; DUT-MT-002); it may 'adopt and enforce quarantine or isolation measures to prevent the spread of communicable disease' (50-1-204; DUT-MT-003); and it and every county attorney may 'abate, restrain, or prosecute the violation of public health laws' and 'enjoin any violation of the public health laws, rules, or orders' (50-1-103; DUT-MT-004). Every Directive of 2020 recited that it 'constitutes a "public health... order" within the meaning of 50-1-103(2), MCA, and is enforceable by the Attorney General, DPHHS, a county attorney, or other local authorities' (Ex. MT-009 sec. II; MT-013; MT-016 sec. 5; MT-018), and the State's own FAQ told the public 'This is a public health order that can be legally enforced at local or state levels' and 'Directive is mandatory, not optional' (DUT-MT-020). The local track is stronger still: local health officers 'shall... take steps to limit contact between people in order to protect the public health from imminent threats, including but not limited to ordering the closure of buildings or facilities where people congregate and canceling events' (50-2-118(1)(b); DUT-MT-005), may 'cause the order to be complied with' at the violator's expense (50-2-123; DUT-MT-006), and a person who violates chapter 2 or the Department's rules under it 'is guilty of a misdemeanor' punishable by up to $500 and 90 days, 'Each day of violation constitut[ing] a separate offense' (50-2-124(2)-(3); DUT-MT-007). The Gallatin City-County Board of Health enforced its 10 p.m. closure rule against a Bozeman bar by a preliminary injunction of December 18, 2020, which stood until the Attorney General ordered the action dismissed on January 14, 2021 (DUT-MT-018). Second, the Disaster and Emergency Services Act, under which 'disaster' includes an 'outbreak of disease' (10-3-103(4); DUT-MT-009) and the Governor may 'control ingress and egress to and from an incident or emergency or disaster area, the movement of persons within the area, and the occupancy of premises within the area' (10-3-104(2)(c); DUT-MT-008), the provision every Directive recited. Third, the workplace-safety duty of every employer: 'Each employer shall: (1) furnish a place of employment that is safe for each of the employer's employees; (2)... purchase, furnish, and require the use of health and safety devices... including but not limited to air masks...; (3) adopt and use practices, means, methods, operations, and processes that are reasonably adequate to render the place of employment safe; and (4) do any other thing reasonably necessary to protect the life, health, and safety of the employer's employees' (50-71-201; DUT-MT-010), with the premises owner's duty to 'repair and maintain the same as to render it safe' (50-71-202; DUT-MT-011) and the Safety Culture Act's command that 'each public or private employer shall establish and administer a safety program' (39-71-1504(1)(a); DUT-MT-012). Montana has no State OSHA plan for private employers (50-71-115 confines the Department of Labor and Industry's standards to public sector employers), so the federal general duty clause, 29 U.S.C. 654(a)(1), supplied the enforcement layer for private workplaces while the State statute supplied the duty. Fourth, the Legislature's COVID-19 liability statute of February 10, 2021 (SB 65, Ch. 2, L. 2021; Mont. Code Ann. 27-1-1601 to -1608): a person is not liable for COVID-19 exposure absent gross negligence, willful and wanton misconduct or intentional tort (27-1-1602; DUT-MT-013), and a person who 'took reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19 that was applicable to the person or activity at issue' has 'a complete bar to any action relating to covid-19' (27-1-1606(1), (3); DUT-MT-014), 'public health guidance' being defined to include the guidance of the CDC, CMS, federal OSHA, the Governor, DPHHS and local boards of health (27-1-1601(7); DUT-MT-015). The statute adds, and this record states it exactly, that the section 'may not be construed to impose liability on a person for failing to comply' (27-1-1606(4)) and that a person 'is not required to ensure face masks are being used' or to conduct temperature checks over a refusal 'to meet the standard of care' (27-1-1608; DUT-MT-016): the Legislature made compliance with governmental orders and guidance the complete defense, which is the legal benchmark of reasonable conduct, without making noncompliance liability per se. The food code independently barred any person with a communicable disease from working in a retail food establishment (50-50-105; DUT-MT-017), on pain of misdemeanor, civil penalty and license cancellation (50-50-108, -109, -209). The Directives' own operating conditions used 'shall', 'must' and 'required' for closure, distancing, capacity, screening, sanitation and face coverings (DUT-MT-021 to -025, -028) and 'should' for employer policies and CDC sanitation protocols (DUT-MT-022, -023); from January 15, 2021 the Gianforte Directives used 'should' for business policies while keeping the mask 'shall' to February 12, 2021 (DUT-MT-026, -027). The Montana Supreme Court in 2023 affirmed judgment for school districts whose 2021-22 mask policies rested on 'recommendations of reputable public and private health care providers and agencies, including the CDC' (DUT-MT-019). From May 7, 2021 the Legislature itself commanded employers' COVID-19 conduct by forbidding any condition of employment or service based on vaccination status (49-2-312; Ex. MT-072) and preserved local enforcement 'by private businesses with all lawfully adopted regulations, directives, and orders' (50-2-116(7); Ex. MT-073). Each instrument is a governmental command or a governmental condition, not an election by the employer.

The phase question

Whether the measures employers took beyond the four corners of the Governor's Directives and the county health officers' orders were voluntary within Notice 2021-20 Q&A-14, or were the discharge of standing duties imposed by Montana law.

The State's standing duties

Ex. DUT-MT-001

Mont. Code Ann. 50-1-202

General powers and duties (Department of Public Health and Human Services)

Montana Legislature (Montana Code Annotated, Title 50, ch. 1), Montana (State)

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

the department... shall: (a) make inspections for conditions of public health importance and issue written orders for correction, destruction, or removal of the condition;... (d) identify, assess, prevent, and mitigate conditions of public health importance through:... (iii) isolation and quarantine measures;... (v) abatement of public health nuisances; (vi) inspections

Enforcement: Enforcement through 50-1-103 (injunction; prosecution) (DUT-MT-004), 50-1-104 (misdemeanor for violating a department rule with no specified penalty; read, not saved) and 50-2-124(2) (misdemeanor; DUT-MT-007)

Citation: Montana Legislature (Montana Code Annotated, Title 50, ch. 1), Mont. Code Ann. 50-1-202 (standing) (Ex. DUT-MT-001) Open the exhibit

Ex. DUT-MT-002

Mont. Code Ann. 50-1-203

Public health inspections

Montana Legislature (Montana Code Annotated, Title 50, ch. 1), Montana (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureStanding dutyOperating condition
Character
statutory authority
Grade
Primary source read

(1) The department may make public health inspections of... theaters... and other buildings or facilities where persons assemble. If public health deficiencies are found in the facility, the department may direct that conditions be corrected within a reasonable time. (2)... may bring an action, including an action for injunctive relief, to correct the public health deficiencies.

Enforcement: Injunctive relief under 50-1-203(2) and 50-1-103 (DUT-MT-004); prosecution under 50-1-202(1)(g)

Citation: Montana Legislature (Montana Code Annotated, Title 50, ch. 1), Mont. Code Ann. 50-1-203 (standing) (Ex. DUT-MT-002) Open the exhibit

Ex. DUT-MT-003

Mont. Code Ann. 50-1-204

Quarantine and isolation measures

Montana Legislature (Montana Code Annotated, Title 50, ch. 1), Montana (State)

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

The department may adopt and enforce quarantine or isolation measures to prevent the spread of communicable disease. A person who does not comply with quarantine measures shall, on conviction, be fined not less than $10 or more than $100.

Enforcement: Fine of $10 to $100 on conviction (50-1-204); 'violate a quarantine regulation' is unlawful under 50-2-122 and a misdemeanor under 50-2-124(2) (up to $500 and 90 days, each day a separate offense; DUT-MT-007)

Citation: Montana Legislature (Montana Code Annotated, Title 50, ch. 1), Mont. Code Ann. 50-1-204 (standing) (Ex. DUT-MT-003) Open the exhibit

Ex. DUT-MT-004

Mont. Code Ann. 50-1-103

Enforcement of public health laws

Montana Legislature (Montana Code Annotated, Title 50, ch. 1), Montana (State)

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

(1) Either the county attorney... or the department may bring an action necessary to abate, restrain, or prosecute the violation of public health laws. (2)... the department may, through the attorney general or appropriate county attorney, sue in district court to enjoin any violation of the public health laws, rules, or orders adopted or issued under the public health laws...

Enforcement: Injunction in district court; 'abate, restrain, or prosecute'; the criminal penalties are supplied by 50-1-104 (misdemeanor for violating a department rule with no specified penalty), 50-1-204 (quarantine fine) and 50-2-124(2) (misdemeanor, up to $500 and 90 days, each day a separate offense)

Citation: Montana Legislature (Montana Code Annotated, Title 50, ch. 1), Mont. Code Ann. 50-1-103 (standing) (Ex. DUT-MT-004) Open the exhibit

Ex. DUT-MT-005

Mont. Code Ann. 50-2-118

Powers and duties of local health officers

Montana Legislature (Montana Code Annotated, Title 50, ch. 2), Montana (State)

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

local health officers... shall: (a) make inspections for conditions of public health importance and issue written orders for compliance or for correction...; (b) take steps to limit contact between people in order to protect the public health from imminent threats, including but not limited to ordering the closure of buildings or facilities where people congregate and canceling events

Enforcement: Compliance order executed at the violator's expense (50-2-123; DUT-MT-006); misdemeanor under 50-2-124(2) (DUT-MT-007); law-enforcement assistance under 50-2-120; hindering a health officer is unlawful under 50-2-122

Citation: Montana Legislature (Montana Code Annotated, Title 50, ch. 2), Mont. Code Ann. 50-2-118 (standing) (Ex. DUT-MT-005) Open the exhibit

Ex. DUT-MT-006

Mont. Code Ann. 50-2-123

Compliance order authorized

Montana Legislature (Montana Code Annotated, Title 50, ch. 2), Montana (State)

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

(1) If a person refuses or neglects to comply with a written order of a state or local health officer within a reasonable time specified in the order, the state or local health officer may cause the order to be complied with and initiate an action to recover any expenses incurred from the person who refused or neglected to comply with the order.

Enforcement: Execution of the order at the violator's expense; cumulative with 50-2-124

Citation: Montana Legislature (Montana Code Annotated, Title 50, ch. 2), Mont. Code Ann. 50-2-123 (standing) (Ex. DUT-MT-006) Open the exhibit

Ex. DUT-MT-007

Mont. Code Ann. 50-2-124

Penalties for violations

Montana Legislature (Montana Code Annotated, Title 50, ch. 2), Montana (State)

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

(2)... a person who violates the provisions of this chapter or rules adopted by the department under the provisions of this chapter is guilty of a misdemeanor. On conviction, the person shall be fined not less than $10 or more than $500 or be imprisoned for not more than 90 days, or both. (3) Each day of violation constitutes a separate offense.

Enforcement: Misdemeanor: fine of $10 to $500 or imprisonment up to 90 days, or both; each day a separate offense; civil penalty of $10 to $200 (person) or up to $250 (business entity) for local board rules

Citation: Montana Legislature (Montana Code Annotated, Title 50, ch. 2), Mont. Code Ann. 50-2-124 (standing) (Ex. DUT-MT-007) Open the exhibit

Ex. DUT-MT-008

Mont. Code Ann. 10-3-104

General authority of governor

Montana Legislature (Montana Code Annotated, Title 10, ch. 3), Montana (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationStay-at-homeBusiness closureTravel and quarantineStanding duty
Character
statutory authority
Grade
Primary source read

These executive orders, proclamations, and regulations have the force of law.... (2)... the governor may:... (c) except as provided in subsection (4), control ingress and egress to and from an incident or emergency or disaster area, the movement of persons within the area, and the occupancy of premises within the area.

Enforcement: Title 10, ch. 3 carries no penalty section of its own; the Directives were enforced as public health orders under 50-1-103(2) (DUT-MT-004) with the penalties of Title 50 (DUT-MT-003, -007), and 10-3-305(2) commands that 'all officers and agencies shall cooperate with and extend their services and facilities to the governor' (read; not saved)

Citation: Montana Legislature (Montana Code Annotated, Title 10, ch. 3), Mont. Code Ann. 10-3-104 (standing) (Ex. DUT-MT-008) Open the exhibit

Ex. DUT-MT-009

Mont. Code Ann. 10-3-103

Definitions ('disaster' includes 'outbreak of disease'; 'emergency')

Montana Legislature (Montana Code Annotated, Title 10, ch. 3), Montana (State)

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

(4) "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or artificial cause, including... outbreak of disease... (8) "Emergency" means the imminent threat of a disaster causing immediate peril to life or property that timely action can avert or minimize.

Enforcement: n/a (definitional); see DUT-MT-004, -007, -008

Citation: Montana Legislature (Montana Code Annotated, Title 10, ch. 3), Mont. Code Ann. 10-3-103 (standing) (Ex. DUT-MT-009) Open the exhibit

Ex. DUT-MT-010

Mont. Code Ann. 50-71-201

Employer to provide safe workplace and to purchase, furnish, and require use of health and safety items -- safe practices

Montana Legislature (Montana Code Annotated, Title 50, ch. 71), Montana (State)

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

Each employer shall: (1) furnish a place of employment that is safe for each of the employer's employees;... (3) adopt and use practices, means, methods, operations, and processes that are reasonably adequate to render the place of employment safe; and (4) do any other thing reasonably necessary to protect the life, health, and safety of the employer's employees.

Enforcement: Part 2 states the duty without its own penalty; the Department of Labor and Industry's inspection, penalty and stop-work scheme (50-71-116 to -120) applies to public sector employers only (50-71-115; read, not saved); for private employers the federal general duty clause, 29 U.S.C. 654(a)(1), and OSHA's citation authority supplied the enforcement layer

Citation: Montana Legislature (Montana Code Annotated, Title 50, ch. 71), Mont. Code Ann. 50-71-201 (standing) (Ex. DUT-MT-010) Open the exhibit

Ex. DUT-MT-011

Mont. Code Ann. 50-71-202

Employer to provide and maintain safe place of employment

Montana Legislature (Montana Code Annotated, Title 50, ch. 71), Montana (State)

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

(1) An employer who is the owner or lessee of any real property in this state shall not construct or cause to be constructed or maintained any place of employment that is unsafe. (2) Every employer who is the owner of a place of employment or lessee thereof shall repair and maintain the same as to render it safe.

Enforcement: As DUT-MT-010: no penalty in part 2; public sector enforcement under 50-71-116 to -120; federal OSHA for private employers

Citation: Montana Legislature (Montana Code Annotated, Title 50, ch. 71), Mont. Code Ann. 50-71-202 (standing) (Ex. DUT-MT-011) Open the exhibit

Ex. DUT-MT-012

Mont. Code Ann. 39-71-1504

Safety programs -- educational activities

Montana Legislature (Montana Code Annotated, Title 39, ch. 71, part 15, Montana Safety Culture Act), Montana (State)

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

(1) To promote health and safety in places of employment in this state: (a) each public or private employer shall establish and administer a safety program in accordance with rules adopted by the department pursuant to 39-71-1505;... (3) The department may issue a safety recommendation to an employer who fails to comply with the requirements of this section

Enforcement: Department 'safety recommendation' for noncompliance ((3)); 39-71-1502 (read; not saved) states the Act's purpose as reducing 'occupational injury and illness' and that 'The creation of a safety culture requires employers to provide training and education'

Citation: Montana Legislature (Montana Code Annotated, Title 39, ch. 71, part 15, Montana Safety Culture Act), Mont. Code Ann. 39-71-1504 (standing) (Ex. DUT-MT-012) Open the exhibit

Ex. DUT-MT-013

Mont. Code Ann. 27-1-1602 (SB 65 sec. 2)

Liability (COVID-19 civil liability protection)

Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, approved by Governor Gianforte Feb. 10, 2021, Montana (State)

Dates
Standing (2021-02-10 (effective on passage and approval per the Governor's release, Ex. MT-087, secondary))
Quarters
2021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding dutyOther
Character
liability shield condition
Grade
Primary source read

Except as provided in 27-1-1603 through 27-1-1608, a person is not liable for civil damages for injuries or death from or relating to exposure or potential exposure to covid-19 unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)

Enforcement: Civil liability standard: exposure to suit for gross negligence, willful and wanton misconduct or intentional tort; the complete bar of 27-1-1606 is available only to the person who took reasonable measures consistent with applicable orders or guidance

Citation: Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, approved by Governor Gianforte Feb. 10, 2021, Mont. Code Ann. 27-1-1602 (SB 65 sec. 2) (Feb. 10, 2021) (Ex. DUT-MT-013) Open the exhibit

Ex. DUT-MT-014

Mont. Code Ann. 27-1-1606 (SB 65 sec. 6)

Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance

Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Montana (State)

Dates
Standing (2021-02-10)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding dutyOperating condition
Character
liability shield condition
Grade
Primary source read

a person may assert as an affirmative defense that the person took reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19 that was applicable to the person or activity at issue... (3) If a person proves the affirmative defense..., the affirmative defense is a complete bar to any action relating to covid-19.

Enforcement: Condition of the complete bar: reasonable measures consistent with the applicable governmental order or public health guidance; absent the defense, exposure to suit under 27-1-1602's gross-negligence standard

Citation: Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Mont. Code Ann. 27-1-1606 (SB 65 sec. 6) (Feb. 10, 2021) (Ex. DUT-MT-014) Open the exhibit

Ex. DUT-MT-015

Mont. Code Ann. 27-1-1601 (SB 65 sec. 1)

Definitions ('public health guidance'; 'person'; 'premises'; 'personal protective equipment')

Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Montana (State)

Dates
Standing (2021-02-10)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
guidance incorporated
Grade
Primary source read

"Public health guidance" includes guidance... issued by... (a) the centers for disease control and prevention of the U.S. department of health and human services; (b) the centers for medicare and medicaid services of the U.S. department of health and human services; (c) the federal occupational safety and health administration; (d) the office of the governor; (e) a state agency, including the department of public health and human services; or (f) a local government... board of health.

Enforcement: n/a (definitional); operates through 27-1-1602 and -1606

Citation: Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Mont. Code Ann. 27-1-1601 (SB 65 sec. 1) (Feb. 10, 2021) (Ex. DUT-MT-015) Open the exhibit

Ex. DUT-MT-016

Mont. Code Ann. 27-1-1608 (SB 65 sec. 8)

Limitation on requirements

Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Montana (State)

Dates
Standing (2021-02-10)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Face-covering requirementVaccination or testingOther
Character
liability shield condition
Grade
Primary source read

(1) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires the use of a face mask, a person is not required to ensure face masks are being used or a face mask is sufficient to stop the spread of covid-19 to meet the standard of care.

Enforcement: n/a (limits the civil standard of care)

Citation: Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Mont. Code Ann. 27-1-1608 (SB 65 sec. 8) (Feb. 10, 2021) (Ex. DUT-MT-016) Open the exhibit

Ex. DUT-MT-017

Mont. Code Ann. 50-50-105

Diseased person not to handle food

Montana Legislature (Montana Code Annotated, Title 50, ch. 50, Food Establishments), Montana (State)

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

A person who has a communicable disease may not work in any retail food establishment or in the handling or processing of food served to the public until a local health officer has determined that the person is free of the infectious agent or unlikely to transmit the infectious agent because of the nature of the person's work.

Enforcement: 50-50-108: purposeful or knowing violation is a misdemeanor ($50-$100 first offense; $75-$200 second; $200 and up to 90 days third and subsequent); 50-50-109: civil penalty up to $500 for the establishment; 50-50-209: license cancellation for an uncorrected violation; 50-50-106: injunctions (all read at archive.legmt.gov; not saved)

Citation: Montana Legislature (Montana Code Annotated, Title 50, ch. 50, Food Establishments), Mont. Code Ann. 50-50-105 (standing) (Ex. DUT-MT-017) Open the exhibit

Ex. DUT-MT-018

Press release and letter, 'AG Knudsen Orders Dismissal of COVID Curfew Case Against Rocking R Bar in Gallatin County' (Gallatin City-County Board of Health and Health Officer Matt Kelley v. Rocking R Bar, Gallatin County Cause No. DV-20-1278B)

AG Knudsen Orders Dismissal of COVID Curfew Case Against Rocking R Bar in Gallatin County

Attorney General Austin Knudsen, Montana Department of Justice (press release with the full text of the supervisory letter to Gallatin County Attorney Marty Lambert), Montana (State)

Dates
Standing (2021-01-14 (dismissal ordered by noon Jan. 15, 2021))
Quarters
2020 Q42021 Q1
Limitations
Business closureCurfew and hoursStanding duty
Character
enforcement record
Grade
Primary source read

Knudsen directed County Attorney Marty Lambert to promptly dismiss the case against the Bozeman business that had refused to adhere to the mandate that businesses close at 10:00 p.m.... 'This announcement will give stability and certainty to Montana businesses. They will no longer have to fear prosecution for simply serving their customers,' John Iverson of the Montana Tavern Association said.

Enforcement: Civil action and preliminary injunction under 50-2-118(1)(e) and 50-2-123; the letter directs dismissal under M. R. Civ. P. 41(a)(1)(A)(ii) and an application to dissolve the injunction under 27-19-401

Citation: Attorney General Austin Knudsen, Montana Department of Justice (press release with the full text of the supervisory letter to Gallatin County Attorney Marty Lambert), Press release and letter, 'AG Knudsen Orders Dismissal of COVID Curfew Case Against Rocking R Bar in Gallatin County' (Gallatin City-County Board of Health and Health Officer Matt Kelley v. Rocking R Bar, Gallatin County Cause No. DV-20-1278B) (Jan. 14, 2021) (Ex. DUT-MT-018) Open the exhibit

Ex. DUT-MT-019

Stand Up Montana v. Missoula County Public Schools, 2023 MT 240, No. DA 23-0046 (Mont. Dec. 12, 2023)

Opinion affirming summary judgment for the Missoula County school districts on the substantive due process challenge to their 2021-22 mask requirements

Supreme Court of Montana (Gustafson, J.), Montana (Court)

Dates
Standing (2023-12-12 (the mask policies reviewed were adopted in the summer of 2021 for the 2021-2022 school year))
Limitations
Face-covering requirementSchools and child careWorkplace rules
Character
adjudication
Grade
Primary source read

The District Court also appropriately granted the School Districts' summary judgment motion... based on the uncontroverted facts that the School Districts, prior to adoption of the policies, considered information and recommendations of reputable public and private health care providers and agencies, including the CDC, which all recommended universal masking.

Enforcement: n/a (judicial decision)

Citation: Supreme Court of Montana (Gustafson, J.), Stand Up Montana v. Missoula County Public Schools, 2023 MT 240, No. DA 23-0046 (Mont. Dec. 12, 2023) (Ex. DUT-MT-019) Open the exhibit

Ex. DUT-MT-020

State of Montana Coronavirus Frequently Asked Questions, updated April 14, 2020, 10:30 a.m.

Coronavirus FAQs (General Questions on Directive; Social Distancing Requirements for Essential Businesses; Travel and Quarantine; Essential Business determinations)

State of Montana, State Emergency Operations Center, Joint Information Center (JIC) (Office of the Governor; hosted at covid19.mt.gov), Montana (State)

Dates
Standing (2020-04-14 (explaining the Stay at Home Directive as extended through Apr. 24, 2020, Ex. MT-012))
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTravel and quarantineWorkplace rulesQuarantine and isolation
Character
agency position statement
Grade
Primary source read

This is a public health order that can be legally enforced at local or state levels.... Essential businesses and operations... must take proactive measures to ensure compliance with social distancing requirements... Directive is mandatory, not optional. It can be enforced by DPHHS, the Attorney General, county attorney or other local authorities at the direction of a county attorney.

Enforcement: Restates the Directives' enforcement recital (50-1-103(2); Attorney General, DPHHS, county attorneys, local authorities)

Citation: State of Montana, State Emergency Operations Center, Joint Information Center (JIC) (Office of the Governor; hosted at covid19.mt.gov), State of Montana Coronavirus Frequently Asked Questions, updated April 14, 2020, 10:30 a.m. (Apr. 14, 2020) (Ex. DUT-MT-020) Open the exhibit

Ex. DUT-MT-021

Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions) (cross-reference to Ex. MT-009)

Stay at Home Directive, secs. 1, 2, 12 and II (operating conditions and enforcement clause)

Governor Steve Bullock, Montana (State)

Dates
Standing (2020-03-28 12:01 a.m.)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering capTravel and quarantineWorkplace rulesOperating condition
Character
order operating condition
Grade
Primary source read

All businesses and operations in the State, except Essential Businesses and Operations..., are required to cease all activities within the State except Minimum Basic Operations... Essential Businesses and Operations shall comply with Social Distancing Requirements... Essential Businesses and Operations... must take proactive measures to ensure compliance with Social Distancing Requirements

Enforcement: Public health order under 50-1-103(2) (DUT-MT-004); injunction and prosecution; local ordinances preempted 'only to the extent they are less restrictive'

Citation: Governor Steve Bullock, Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions) (cross-reference to Ex. MT-009) (Mar. 26, 2020) (Ex. DUT-MT-021) Open the exhibit

Ex. DUT-MT-022

Phase One Directive with Appendix A (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One) (cross-reference to Ex. MT-013)

Phase One Directive: Guidance Applicable to All Phases; Phase One conditions; Appendix A General Business Reopening Guidelines

Governor Steve Bullock, Montana (State)

Dates
Standing (2020-04-26 (individuals, worship, retail); 2020-04-27 (employers); 2020-05-04 (restaurants, bars, casinos))
Quarters
2020 Q2
Limitations
Telework mandateCapacity limitGathering capCurfew and hoursWorkplace rulesOperating condition
Character
order operating condition
Grade
Primary source read

Businesses that reopen must adhere to the reopening guidelines for Phase One... [App. A:] Health assessments must be conducted for all employees at the beginning of each shift.... Physical distancing of 6 feet must be maintained... A specific cleaning plan must be implemented, and employees must be trained... Capacity must be limited to 50%

Enforcement: Public health order under 50-1-103(2) (DUT-MT-004)

Citation: Governor Steve Bullock, Phase One Directive with Appendix A (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One) (cross-reference to Ex. MT-013) (Apr. 22, 2020) (Ex. DUT-MT-022) Open the exhibit

Ex. DUT-MT-023

Phase Two Directive with Appendices (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two) (cross-reference to Ex. MT-014)

Phase Two Directive: 'All businesses may operate, provided they adhere to...'

Governor Steve Bullock, Montana (State)

Dates
Standing (2020-06-01)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Telework mandateCapacity limitGathering capWorkplace rulesOperating condition
Character
order operating condition
Grade
Primary source read

All businesses may operate, provided they adhere to physical distancing and the conditions in this Directive, the Phase Two Guidelines, and all other Directives and guidance remaining in effect. Businesses should follow CDC sanitation protocols.... places of assembly... must adhere to strict physical distancing guidelines... and follow CDC sanitation protocols.

Enforcement: Public health order under 50-1-103(2) (DUT-MT-004)

Citation: Governor Steve Bullock, Phase Two Directive with Appendices (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two) (cross-reference to Ex. MT-014) (May 19, 2020) (Ex. DUT-MT-023) Open the exhibit

Ex. DUT-MT-024

Face Covering Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the mandatory use of face coverings in certain settings) (cross-reference to Ex. MT-016)

Face Covering Directive, secs. 2, 4 and 5 (business duty; exceptions; enforcement)

Governor Steve Bullock, Montana (State)

Dates
Standing (2020-07-15 ('effective immediately'), in counties with four or more active cases; statewide from Nov. 20, 2020 (Ex. MT-018); continued Jan. 15, 2021 (Ex. MT-020))
Quarters
2020 Q32020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rulesOperating condition
Character
order operating condition
Grade
Primary source read

all businesses... responsible for indoor spaces open to the public shall require and take reasonable measures to ensure that all employees, contractors, volunteers, customers, or other members of the public wear a face covering... while entering or remaining in any indoor spaces open to the public. Face coverings shall be provided for all employees and volunteers.

Enforcement: Public health order under 50-1-103(2); 'penalties, trespass enforcement, and other formal enforcement mechanisms' reserved for 'the most egregious, repeat violations'; a peace officer may remove a refusing person

Citation: Governor Steve Bullock, Face Covering Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the mandatory use of face coverings in certain settings) (cross-reference to Ex. MT-016) (July 15, 2020) (Ex. DUT-MT-024) Open the exhibit

Ex. DUT-MT-025

Directive implementing Executive Orders 2-2020 and 3-2020 and limiting group size, bar and restaurant capacity and hours, and requiring face coverings statewide (cross-reference to Ex. MT-018)

November 17, 2020 Directive, Parts I-III and Enforcement

Governor Steve Bullock, Montana (State)

Dates
Standing (2020-11-20 5:00 a.m.)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsOperating condition
Character
order operating condition
Grade
Primary source read

Capacity in all restaurants, bars, breweries, distilleries, and casinos must be limited to 50 percent... Tables must be limited to six people per table. Establishments must provide for 6 feet of physical distancing... public gatherings or events where... social distancing is not being practiced must be strictly limited to 25 people or fewer.

Enforcement: Public health order under 50-1-103(2), enforceable by the Attorney General, DPHHS, county attorneys and local authorities; 'All officers and agencies of the state are directed to assist in the administration and enforcement of this Directive, consistent with § 10-3-305(2), MCA'

Citation: Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 and limiting group size, bar and restaurant capacity and hours, and requiring face coverings statewide (cross-reference to Ex. MT-018) (Nov. 17, 2020) (Ex. DUT-MT-025) Open the exhibit

Ex. DUT-MT-026

Directive Implementing Executive Order 2-2021 (Jan. 13, 2021) (cross-reference to Ex. MT-020)

Directive of January 13, 2021: Public Gatherings; Businesses; Schools; General Masking Requirements

Governor Greg Gianforte, Montana (State)

Dates
Standing (2021-01-15)
Quarters
2021 Q1
Limitations
Face-covering requirementWorkplace rulesOperating condition
Character
order operating condition
Grade
Primary source read

A statewide mask mandate remains in effect, as follows: 1. A face covering that covers the mouth and nose shall be worn at all times in indoor spaces open to the public. Face coverings shall be provided for all employees and volunteers.... businesses should make reasonable efforts to develop and implement appropriate policies based on industry best practices

Enforcement: Public health order enforceable under Title 50 while the emergency continued (EO 2-2021, Ex. MT-019); the capacity, hours and gathering limits of Ex. MT-018 were removed effective Jan. 15, 2021

Citation: Governor Greg Gianforte, Directive Implementing Executive Order 2-2021 (Jan. 13, 2021) (cross-reference to Ex. MT-020) (Ex. DUT-MT-026) Open the exhibit

Ex. DUT-MT-027

Directive Implementing Executive Order 2-2021 (Feb. 12, 2021; rescinding and replacing all prior directives) (cross-reference to Ex. MT-021)

Directive of February 12, 2021: General Masking; Phased Reopening no longer in force; Public Gatherings; Businesses

Governor Greg Gianforte, Montana (State)

Dates
Standing (2021-02-12 ('effective immediately'))
Quarters
2021 Q12021 Q2
Limitations
Workplace rulesOther
Character
recommendation only
Grade
Primary source read

Montanans are encouraged to wear masks and should follow the best industry practices adopted by any business they visit... businesses should make reasonable efforts to develop and implement appropriate policies based on industry best practices... in accordance with federal, state, and local regulations and guidance regarding: 1) Masking;... 7) Teleworking.

Enforcement: None for the business-policy and masking clauses (recommendatory); the Directive remained the operative instrument of the emergency to June 30, 2021

Citation: Governor Greg Gianforte, Directive Implementing Executive Order 2-2021 (Feb. 12, 2021; rescinding and replacing all prior directives) (cross-reference to Ex. MT-021) (Ex. DUT-MT-027) Open the exhibit

Ex. DUT-MT-028

Directive Implementing Executive Orders 2-2020 and 3-2020 designating childcare an Essential Business and establishing operating requirements (cross-reference to Ex. MT-025)

Childcare Directive: mandatory operating requirements

Governor Steve Bullock, Montana (State)

Dates
Standing (2020-04-01)
Quarters
2020 Q2
Limitations
Capacity limitSchools and child careWorkplace rulesOperating condition
Character
order operating condition
Grade
Primary source read

While this Directive is effective, childcare providers must comply with the following... Childcare must be carried out in stable groups of 10 or fewer children. The same children must be in the same groups each day.... Facilities that cannot comply with the above directive should cease operations for the duration

Enforcement: Public health order under Title 50; DPHHS licensing authority over child-care facilities

Citation: Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 designating childcare an Essential Business and establishing operating requirements (cross-reference to Ex. MT-025) (Apr. 1, 2020) (Ex. DUT-MT-028) Open the exhibit

Ex. DUT-MT-029

Mont. Code Ann. 50-2-116 (Powers and duties of local boards of health) (cross-reference to Ex. MT-073)

Powers and duties of local boards of health, including the 2021 limits of subsection (5) and the enforcement saving clause of subsection (7)

Montana Legislature (Mont. Code Ann. 50-2-116, as amended by Ch. 324 and Ch. 408, L. 2021 (HB 121, approved Apr. 16, 2021; HB 257, approved May 7, 2021)), Montana (State)

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

(7) The prohibitions provided for in subsection (5) do not restrict a local board of health from exercising its authority under this section to enforce and ensure compliance by private businesses with all lawfully adopted regulations, directives, and orders.

Enforcement: 50-2-123 (compliance orders) and 50-2-124 (misdemeanor; civil penalties) (DUT-MT-006, -007), subject to the 2021 limits of (5)(c)

Citation: Montana Legislature (Mont. Code Ann. 50-2-116, as amended by Ch. 324 and Ch. 408, L. 2021 (HB 121, approved Apr. 16, 2021; HB 257, approved May 7, 2021)), Mont. Code Ann. 50-2-116 (Powers and duties of local boards of health) (cross-reference to Ex. MT-073) (standing) (Ex. DUT-MT-029) Open the exhibit

Ex. DUT-MT-030

Mont. Code Ann. 49-2-312 (cross-reference to Ex. MT-072)

Discrimination based on vaccination status or possession of immunity passport prohibited -- definitions

Montana Legislature (67th), House Bill 702, Ch. 418, L. 2021, approved May 7, 2021, Montana (State)

Dates
Standing (2021-05-07)
Quarters
2021 Q22021 Q3
Limitations
Workplace rulesVaccination or testingStanding duty
Character
statutory duty
Grade
Primary source read

it is an unlawful discriminatory practice for: (a) a person or a governmental entity to refuse, withhold from, or deny to a person any local or state services, goods, facilities, advantages, privileges, licensing, educational opportunities, health care access, or employment opportunities based on the person's vaccination status or whether the person has an immunity passport

Enforcement: Unlawful discriminatory practice under the Montana Human Rights Act (Title 49, ch. 2) enforceable before the Human Rights Bureau and the courts

Citation: Montana Legislature (67th), House Bill 702, Ch. 418, L. 2021, approved May 7, 2021, Mont. Code Ann. 49-2-312 (cross-reference to Ex. MT-072) (standing) (Ex. DUT-MT-030) Open the exhibit

Ex. DUT-MT-031

DPHHS legal memorandum: Application of March 26, 2020 Directive to craft and hobby stores (cross-reference to Ex. MT-029)

Application of March 26, 2020, Directive to craft and hobby stores

Montana Department of Public Health and Human Services, Office of Legal Affairs, Montana (State)

Dates
Standing (2020-04-07)
Quarters
2020 Q2
Limitations
Business closure
Character
guidance incorporated
Grade
Primary source read

The Directive requires businesses to cease all activities unless the business is an essential business or the business activity meets the definition of Minimum Basic Operations... [and] requires craft and hobby stores to cease brick and mortar retail activity and close to the public.

Enforcement: As for the Stay at Home Directive (50-1-103(2))

Citation: Montana Department of Public Health and Human Services, Office of Legal Affairs, DPHHS legal memorandum: Application of March 26, 2020 Directive to craft and hobby stores (cross-reference to Ex. MT-029) (Apr. 7, 2020) (Ex. DUT-MT-031) 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 Montana 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 273 instruments in force for this selection: 47 instruments from the State of Montana (Governor Steve Bullock, Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A (Apr. 22, 2020) (Ex. MT-013); Governor Steve Bullock, Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions) (Mar. 26, 2020) (Ex. MT-009); Gallatin City-County Board of Health (Becky Franks, Chair), Emergency Local Health Rule Relating to COVID-19, EHR-2020-003, Phased Reopening: Phase One (May 1, 2020) (Ex. MT-068); and 44 more), 1 instrument from the agencies, boards and authorities of Montana (Supreme Court of Montana (McGrath, C.J., and six Justices), Order, In re Rules for Admission to the Bar of Montana, No. AF 11-0244 (June 17, 2020), adopting Temporary Rules for Admission to the Bar of Montana (provisional admission for candidates unable or unwilling to sit for the July 28-29, 2020 exam) (Ex. AGY-ST-TRADE-BOARDS-060)), 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 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: BA (Ex. MT-068); DR (Ex. MT-068); FC (Ex. MT-068); PE (Ex. MT-068); CT courts (Ex. MT-056); WF workforce (Ex. MT-009); DR dining room (Ex. MT-013); GATH (Ex. MT-068); AM (Ex. MT-063); BA bar and alcohol service (Ex. MT-005).

Step three, the change compelled. Governor Steve Bullock, Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A (Apr. 22, 2020) (Ex. MT-013) ordered: "As detailed in this Directive, the Stay at Home Directive is extended for individuals until Sunday, April 26 and for non-essential businesses until Monday, April 27, except as provided herein (e.g., bar and restaurant closures extended to May 4).... All individuals, apart from members of a…" Enforcement: 'This Directive supersedes the Stay at Home Directive and any other gubernatorial Directive, to the extent there is any conflict'; public-health-order… Governor Steve Bullock, Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions) (Mar. 26, 2020) (Ex. MT-009) ordered: "1. Stay at home or place of residence. With exceptions as outlined below, all individuals currently living within the State of Montana are directed to stay at home or at their place of residence to the greatest extent possible, except as allowed in this Directive.... Non-essential social and…" Enforcement: 'II. Directive Is Public Health Order and Enforceable By County Attorney. This Directive, along with any prior Directive that implements and references the… Gallatin City-County Board of Health (Becky Franks, Chair), Emergency Local Health Rule Relating to COVID-19, EHR-2020-003, Phased Reopening: Phase One (May 1, 2020) (Ex. MT-068) ordered: "WHEREAS, this Emergency Health Rule adopts the guidance and conditions provided for the first phase of the phased reopening of businesses in the Governor's April 22nd Directive and applies them to the reopening of businesses in Gallatin County; and WHEREAS, this Emergency Health Rule also allows for…" Enforcement: Mont. Code Ann. 50-2-124 misdemeanor ($10-$200; each day a separate offense); 50-2-123 compliance orders and cost recovery; recorded Doc. 2680288 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. Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and… (Ex. MT-013) was in force from Apr. 22, 2020 to June 1, 2020, 41 of the quarter's 110 days; Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020… (Ex. MT-009) was in force from Mar. 28, 2020 to Apr. 10, 2020, 14 of the quarter's 110 days; Emergency Local Health Rule Relating to COVID-19, EHR-2020-003, Phased Reopening: Phase… (Ex. MT-068) was in force from May 1, 2020 to Sept. 30, 2020, 61 of the quarter's 110 days. Of the 48 instruments in the quarter's record, 3 were in force on its first day, 26 on its last day and 2 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the third quarter of 2020 the Library holds 248 instruments in force for this selection: 38 instruments from the State of Montana (Governor Steve Bullock, Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A (Apr. 22, 2020) (Ex. MT-013); Gallatin City-County Board of Health (Becky Franks, Chair), Emergency Local Health Rule Relating to COVID-19, EHR-2020-003, Phased Reopening: Phase One (May 1, 2020) (Ex. MT-068); Matt Kelley, Health Officer, Gallatin City-County Health Department, Order of Health Officer HO-2020-003, Phased Reopening: Phase One (May 1, 2020) (Ex. MT-069); and 35 more), 1 instrument from the agencies, boards and authorities of Montana (Supreme Court of Montana (McGrath, C.J., and six Justices), Order, In re Rules for Admission to the Bar of Montana, No. AF 11-0244 (June 17, 2020), adopting Temporary Rules for Admission to the Bar of Montana (provisional admission for candidates unable or unwilling to sit for the July 28-29, 2020 exam) (Ex. AGY-ST-TRADE-BOARDS-060)), 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: VS visitation (Ex. MT-013); WF workforce (Ex. MT-003); DR (Ex. MT-068); AC athletics and activities (Ex. MT-046); CT courts (Ex. MT-058); GATH (Ex. MT-068); HR (Ex. MT-016); IN in-person instruction (Ex. MT-004); SF (Ex. MT-068); BA (Ex. MT-068).

Step three, the change compelled. Governor Steve Bullock, Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A (Apr. 22, 2020) (Ex. MT-013) ordered: "As detailed in this Directive, the Stay at Home Directive is extended for individuals until Sunday, April 26 and for non-essential businesses until Monday, April 27, except as provided herein (e.g., bar and restaurant closures extended to May 4).... All individuals, apart from members of a…" Enforcement: 'This Directive supersedes the Stay at Home Directive and any other gubernatorial Directive, to the extent there is any conflict'; public-health-order… Gallatin City-County Board of Health (Becky Franks, Chair), Emergency Local Health Rule Relating to COVID-19, EHR-2020-003, Phased Reopening: Phase One (May 1, 2020) (Ex. MT-068) ordered: "WHEREAS, this Emergency Health Rule adopts the guidance and conditions provided for the first phase of the phased reopening of businesses in the Governor's April 22nd Directive and applies them to the reopening of businesses in Gallatin County; and WHEREAS, this Emergency Health Rule also allows for…" Enforcement: Mont. Code Ann. 50-2-124 misdemeanor ($10-$200; each day a separate offense); 50-2-123 compliance orders and cost recovery; recorded Doc. 2680288 Matt Kelley, Health Officer, Gallatin City-County Health Department, Order of Health Officer HO-2020-003, Phased Reopening: Phase One (May 1, 2020) (Ex. MT-069) ordered: "WHEREAS, the April 22nd Directive allows for implementation of the phased reopening on a county-by county basis and directs local officials to 'coordinate on a regional basis and continue to assess the conditions in their jurisdictions.' Further, the Directive allows local public health authorities…" Enforcement: Mont. Code Ann. 50-2-118(5), 50-2-123, 50-2-124; recorded Doc. 2680322 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 Local Health Rule Relating to COVID-19, EHR-2020-003, Phased Reopening: Phase… (Ex. MT-068) was in force from May 1, 2020 to Sept. 30, 2020, 92 of the quarter's 92 days; Order of Health Officer HO-2020-003, Phased Reopening: Phase One (Ex. MT-069) was in force from May 1, 2020 to May 27, 2021, 92 of the quarter's 92 days; Phase Two Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and… (Ex. MT-014) was in force from May 19, 2020 to Nov. 20, 2020, 92 of the quarter's 92 days. Of the 39 instruments in the quarter's record, 23 were in force on its first day, 32 on its last day and 22 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 259 instruments in force for this selection: 47 instruments from the State of Montana (Governor Steve Bullock, Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A (Apr. 22, 2020) (Ex. MT-013); Governor Steve Bullock, Phase Two Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two), with Appendices (May 19, 2020) (Ex. MT-014); Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (Phase Two Directive and Appendix B updates) (June 18, 2020) (Ex. MT-015); and 44 more), 1 instrument from the agencies, boards and authorities of Montana (Supreme Court of Montana (McGrath, C.J., and six Justices), Order, In re Rules for Admission to the Bar of Montana, No. AF 11-0244 (June 17, 2020), adopting Temporary Rules for Admission to the Bar of Montana (provisional admission for candidates unable or unwilling to sit for the July 28-29, 2020 exam) (Ex. AGY-ST-TRADE-BOARDS-060)), 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 51 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 49 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: DR (Ex. MT-015); BA (Ex. MT-015); GATH (Ex. MT-015); VS visitation (Ex. MT-013); CB (Ex. MT-048); DR dining room (Ex. MT-013); GATH events (Ex. MT-014); WF workforce (Ex. MT-003); AM (Ex. MT-049); BA bar (Ex. MT-013).

Step three, the change compelled. Governor Steve Bullock, Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A (Apr. 22, 2020) (Ex. MT-013) ordered: "As detailed in this Directive, the Stay at Home Directive is extended for individuals until Sunday, April 26 and for non-essential businesses until Monday, April 27, except as provided herein (e.g., bar and restaurant closures extended to May 4).... All individuals, apart from members of a…" Enforcement: 'This Directive supersedes the Stay at Home Directive and any other gubernatorial Directive, to the extent there is any conflict'; public-health-order… Governor Steve Bullock, Phase Two Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two), with Appendices (May 19, 2020) (Ex. MT-014) ordered: "Effective June 1, avoid gathering in groups of more than 50 people in circumstances that do not readily allow for appropriate physical distancing.... Groups larger than 50 people should be cancelled unless physical distancing can be maintained.... Vulnerable individuals should continue to adhere to…" Enforcement: 'Directive Is Public Health Order and Enforceable By County Attorney' (Mont. Code Ann. 50-1-103(2)); less-restrictive local ordinances preempted John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Health Officer October 12, 2020 (12:30 a.m. close for bars and restaurants; 25-person gathering cap; masks and distancing required) (Oct. 12, 2020) (Ex. MT-048) ordered: "Effective at 8:00 AM MDT on October 14, 2020 for a period of time up to and through 11:59PM MST on November 9, 2020 the following shall be required, subject to any noted exceptions: All restaurants, food courts, cafes, coffee houses, bars, brew pubs, taverns, breweries, microbreweries, distilleries…" Enforcement: Mont. Code Ann. 50-2-118, -123, -124; 'compliance is required under this Order' 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. Phase Two Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and… (Ex. MT-014) was in force from May 19, 2020 to Nov. 20, 2020, 51 of the quarter's 92 days; Directive implementing Executive Orders 2-2020 and 3-2020 (Phase Two Directive and… (Ex. MT-015) was in force from June 18, 2020 to Nov. 17, 2020, 48 of the quarter's 92 days; Order of Health Officer October 12, 2020 (12:30 a.m. close for bars and restaurants… (Ex. MT-048) was in force from Oct. 14, 2020 to Nov. 9, 2020, 27 of the quarter's 92 days. Of the 48 instruments in the quarter's record, 29 were in force on its first day, 30 on its last day and 23 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 274 instruments in force for this selection: 46 instruments from the State of Montana (Governor Steve Bullock, Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A (Apr. 22, 2020) (Ex. MT-013); Governor Steve Bullock, Phase Two Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two), with Appendices (May 19, 2020) (Ex. MT-014); Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (Phase Two Directive and Appendix B updates) (June 18, 2020) (Ex. MT-015); and 43 more), 1 instrument from the agencies, boards and authorities of Montana (Supreme Court of Montana (McGrath, C.J., and six Justices), Order, In re Rules for Admission to the Bar of Montana, No. AF 11-0244 (June 17, 2020), adopting Temporary Rules for Admission to the Bar of Montana (provisional admission for candidates unable or unwilling to sit for the July 28-29, 2020 exam) (Ex. AGY-ST-TRADE-BOARDS-060)), 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 52 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 50 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: DR (Ex. MT-015); BA (Ex. MT-015); GATH (Ex. MT-015); FC (Ex. MT-015); VS visitation (Ex. MT-013); WF workforce (Ex. MT-003); CB (Ex. MT-018); DR dining room (Ex. MT-013); GATH events (Ex. MT-014); SF (Ex. MT-084).

Step three, the change compelled. Governor Steve Bullock, Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A (Apr. 22, 2020) (Ex. MT-013) ordered: "As detailed in this Directive, the Stay at Home Directive is extended for individuals until Sunday, April 26 and for non-essential businesses until Monday, April 27, except as provided herein (e.g., bar and restaurant closures extended to May 4).... All individuals, apart from members of a…" Enforcement: 'This Directive supersedes the Stay at Home Directive and any other gubernatorial Directive, to the extent there is any conflict'; public-health-order… Governor Steve Bullock, Phase Two Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two), with Appendices (May 19, 2020) (Ex. MT-014) ordered: "Effective June 1, avoid gathering in groups of more than 50 people in circumstances that do not readily allow for appropriate physical distancing.... Groups larger than 50 people should be cancelled unless physical distancing can be maintained.... Vulnerable individuals should continue to adhere to…" Enforcement: 'Directive Is Public Health Order and Enforceable By County Attorney' (Mont. Code Ann. 50-1-103(2)); less-restrictive local ordinances preempted Cascade City-County Board of Health, Board of Health Order of Oct. 28, 2020 (effective Nov. 1, 2020): gatherings capped at 50; bars, restaurants, casinos, gyms, movie theaters at 50 percent capacity; places of worship 75 percent; 12:30 a.m. closing unchanged (Ex. MT-083) ordered: "Indoor/outdoor gatherings limited to 50 people maximum (exemptions: schools, polling places, places of worship, childcare facilities); religious services 75% occupancy 'unless social distancing can not be maintained'; bars, restaurants, casinos, gyms, movie theaters, and similar venues: 50%…" Enforcement: Mont. Code Ann. 50-2-124 (Board order); the Jan. 6, 2021 minutes record that 'The Order adopted by the BOH on October 28, 2020, would continue' 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. Board of Health Order of Oct. 28, 2020 (effective Nov. 1, 2020): gatherings capped at 50… (Ex. MT-083) was in force from Nov. 1, 2020 to Jan. 6, 2021, 6 of the quarter's 90 days; Directive implementing Executive Orders 2-2020 and 3-2020 (group size; bar and restaurant… (Ex. MT-018) was in force from Nov. 20, 2020 to Jan. 13, 2021, 13 of the quarter's 90 days; Order of Health Officer of Nov. 20, 2020 (mirroring the Governor's Nov. 17 Directive… (Ex. MT-084) was in force from Nov. 20, 2020 to June 30, 2021, 90 of the quarter's 90 days. Of the 47 instruments in the quarter's record, 28 were in force on its first day, 22 on its last day and 17 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the first quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the second quarter of 2021 the Library holds 243 instruments in force for this selection: 25 instruments from the State of Montana (Trisha Gardner, Public Health Officer, Cascade City-County Health Department; Board of Health (Jan. 20, 2021 amendments), Order of Health Officer of Nov. 20, 2020 (mirroring the Governor's Nov. 17 Directive: gatherings 25 without distancing / 50 with distancing; 50 percent capacity; 10 p.m. closing; masks and distancing required of all businesses), continued Jan. 6, 2021 and loosened effective 5:00 a.m. Jan. 22, 2021 (75 percent capacity; 12:30 a.m. to 4 a.m. closure; events of 250 indoor / 500 outdoor with approved plans; gathering caps and masks retained) until the case rate is at or below 25 per 100,000 for four consecutive weeks (Ex. MT-084); Missoula City-County Board of Health; Ellen Leahy, Health Officer, Board of Health revision of COVID-19 mitigation requirements (Feb. 18, 2021): mask mandate retained; event capacities raised from 25 to 50 indoor and 100 outdoor; general business capacity limits removed except where needed for distancing; fitness facilities, pools, worship, personal care, restaurants and bars permitted with modifications (Ex. MT-081); Gallatin City-County Board of Health, Phase Two reopening emergency rule (bars, restaurants, casinos, breweries and distilleries closing at 10 p.m.; 50 percent capacity), as amended April 2021 (eight per table; bar-stool spacing 3 feet), and Board action removing the enforcement mechanism of the Quarantine and Isolation Rule and the nursing-home visitation rules (April 2021) (Apr. 19, 2021) (Ex. MT-077); and 22 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 53 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 51 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: DR (Ex. MT-084); CB (Ex. MT-085); BA (Ex. MT-084); CT courts (Ex. MT-060); GATH (Ex. MT-084); SF (Ex. MT-084); SL (Ex. MT-081); AM (Ex. MT-084); FC (Ex. MT-084); HR (Ex. MT-079).

Step three, the change compelled. Trisha Gardner, Public Health Officer, Cascade City-County Health Department; Board of Health (Jan. 20, 2021 amendments), Order of Health Officer of Nov. 20, 2020 (mirroring the Governor's Nov. 17 Directive: gatherings 25 without distancing / 50 with distancing; 50 percent capacity; 10 p.m. closing; masks and distancing required of all businesses), continued Jan. 6, 2021 and loosened effective 5:00 a.m. Jan. 22, 2021 (75 percent capacity; 12:30 a.m. to 4 a.m. closure; events of 250 indoor / 500 outdoor with approved plans; gathering caps and masks retained) until the case rate is at or below 25 per 100,000 for four consecutive weeks (Ex. MT-084) ordered: "'Restaurants, cafes, coffee houses, bars, casinos, gyms, movie theatres, etc. must close no later than 10:00 PM'; all businesses required to maintain social distancing, enforce face coverings, and operate at 50% capacity maximum; indoor or outdoor assemblies capped at 25 people without distancing…" Enforcement: Mont. Code Ann. 50-2-118, -123, -124; the minutes discuss the 'Differences in authority and enforcement between a PHO Order and a BOH Order' Missoula City-County Board of Health; Ellen Leahy, Health Officer, Board of Health revision of COVID-19 mitigation requirements (Feb. 18, 2021): mask mandate retained; event capacities raised from 25 to 50 indoor and 100 outdoor; general business capacity limits removed except where needed for distancing; fitness facilities, pools, worship, personal care, restaurants and bars permitted with modifications (Ex. MT-081) ordered: "'Not recommend relaxing the County's mask mandate' based on epidemiological data; event capacities increased from 25 to 50 for indoor events and 100 for outdoor gatherings; fitness facilities, pools, places of worship, personal care businesses, restaurants and bars permitted with modifications…" Enforcement: Mont. Code Ann. 50-2-124 Gallatin City-County Board of Health, Phase Two reopening emergency rule (bars, restaurants, casinos, breweries and distilleries closing at 10 p.m.; 50 percent capacity), as amended April 2021 (eight per table; bar-stool spacing 3 feet), and Board action removing the enforcement mechanism of the Quarantine and Isolation Rule and the nursing-home visitation rules (April 2021) (Apr. 19, 2021) (Ex. MT-077) ordered: "Bars, restaurants, casinos, breweries, and distilleries closing at 10 p.m. (Explore Big Sky, Jan. 20, 2021); 'Maximum party size increased to 8 people at tables... Bar stool distancing: Reduced from 6 feet to 3 feet... Capacity: Remained at 50%' (KBZK, Apr. 2021); 'Quarantine and Isolation Rule…" Enforcement: Mont. Code Ann. 50-2-124 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. Order of Health Officer of Nov. 20, 2020 (mirroring the Governor's Nov. 17 Directive… (Ex. MT-084) was in force from Nov. 20, 2020 to June 30, 2021, 91 of the quarter's 91 days; Board of Health revision of COVID-19 mitigation requirements (Feb. 18, 2021): mask mandate… (Ex. MT-081) was in force from Feb. 18, 2021 to May 10, 2021, 40 of the quarter's 91 days; Phase Two reopening emergency rule (bars, restaurants, casinos, breweries and distilleries… (Ex. MT-077) was in force from Apr. 19, 2021 to May 27, 2021, 39 of the quarter's 91 days. Of the 25 instruments in the quarter's record, 13 were in force on its first day, 14 on its last day and 9 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 223 instruments in force for this selection: 9 instruments from the State of Montana (Lewis and Clark County Commissioners; Lewis and Clark City-County Board of Health and Health Officer, County COVID-19 emergency declaration of March 13, 2020 (rescinded July 2021) and county public health rules (masks; gathering limits) tightened January 2021 and no longer enforced after HB 257 (May 2021) (Mar. 13, 2020) (Ex. MT-085); Montana Legislature (67th), Senate Bill 65, signed by Governor Gianforte Feb. 10, 2021, Senate Bill 65 (2021): COVID-19 civil liability protections for businesses, health care providers, nonprofit organizations and places of worship that take measures to protect individuals from COVID-19 and follow public health guidance (Feb. 10, 2021) (Ex. MT-087); Montana Legislature (67th): HB 121 (approved Apr. 16, 2021) and HB 257 (approved May 7, 2021 after an amendatory veto); codified at Mont. Code Ann. 50-2-116(4)-(9) (amd. Sec. 4, Ch. 324, L. 2021; amd. Sec. 8, Ch. 408, L. 2021), Mont. Code Ann. 50-2-116, Powers and duties of local boards of health, as amended in 2021 (HB 121: governing-body control of emergency health orders; HB 257: local rules may not compel businesses to deny customer access) (May 7, 2021) (Ex. MT-073); and 6 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 47 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 45 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CB (Ex. MT-085); HR (Ex. MT-073); IC infection control (Ex. MT-072); IN in-person instruction (Ex. MT-042); WF workforce (Ex. MT-042); AC activities (Ex. MT-088); AT ATM and drive-up (Ex. MT-041); BR branches and lobbies (Ex. MT-041); CB customers (Ex. MT-072); CT courts (Ex. MT-061).

Step three, the change compelled. Lewis and Clark County Commissioners; Lewis and Clark City-County Board of Health and Health Officer, County COVID-19 emergency declaration of March 13, 2020 (rescinded July 2021) and county public health rules (masks; gathering limits) tightened January 2021 and no longer enforced after HB 257 (May 2021) (Mar. 13, 2020) (Ex. MT-085) ordered: "The emergency declaration began on March 13, 2020, in response to COVID surging in the county, requesting residents to stay home and to wear a mask (KTVH)" Enforcement: Mont. Code Ann. 50-2-124 (rules); rescinded after HB 257 Montana Legislature (67th), Senate Bill 65, signed by Governor Gianforte Feb. 10, 2021, Senate Bill 65 (2021): COVID-19 civil liability protections for businesses, health care providers, nonprofit organizations and places of worship that take measures to protect individuals from COVID-19 and follow public health guidance (Feb. 10, 2021) (Ex. MT-087) ordered: "The new law shields businesses, health care providers, nonprofit organizations, and places of worship from coronavirus-related lawsuits, provided they take measures to protect individuals from COVID-19 and follow public health guidelines (Governor's release, Feb. 10, 2021)" Enforcement: Civil liability standard (conditions the protection on compliance with public health guidance) Montana Legislature (67th): HB 121 (approved Apr. 16, 2021) and HB 257 (approved May 7, 2021 after an amendatory veto); codified at Mont. Code Ann. 50-2-116(4)-(9) (amd. Sec. 4, Ch. 324, L. 2021; amd. Sec. 8, Ch. 408, L. 2021), Mont. Code Ann. 50-2-116, Powers and duties of local boards of health, as amended in 2021 (HB 121: governing-body control of emergency health orders; HB 257: local rules may not compel businesses to deny customer access) (May 7, 2021) (Ex. MT-073) ordered: "(4) A directive, mandate, or order issued by a local board of health in response to a declaration of emergency or disaster by the governor as allowed in 10-3-303 or by the principal executive officer of a political subdivision as allowed in 10-3-402 and 10-3-403: (a) remains in effect only during…" Enforcement: Statutory limits on local boards; 50-2-116(6): the (5)(b) prohibition 'does not apply to persons confirmed to have a communicable disease and who are currently… 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. Senate Bill 65 (2021): COVID-19 civil liability protections for businesses, health care… (Ex. MT-087) was in force from Feb. 10, 2021 to Sept. 30, 2021, 92 of the quarter's 92 days; Mont. Code Ann. 50-2-116, Powers and duties of local boards of health, as amended in 2021… (Ex. MT-073) was in force from Apr. 16, 2021 to Sept. 30, 2021, 92 of the quarter's 92 days; House Bill 702 (2021), An Act Prohibiting Discrimination Based on a Person's Vaccination… (Ex. MT-072) was in force from May 7, 2021 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 9 instruments in the quarter's record, 4 were in force on its first day, 7 on its last day and 4 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

7. Exhibit list

Every instrument cited in this report, by exhibit identifier: 421 records, of which The COVID Project holds the document for 400. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

ExhibitInstrumentIssuerDateCitationRecord URLExhibit file
Ex. AGY-ST-TRADE-BOARDS-060Order, In re Rules for Admission to the Bar of Montana, No. AF 11-0244 (June 17, 2020), adopting Temporary Rules for Admission to the Bar of Montana…Supreme Court of Montana (McGrath, C.J., and six Justices)June 17, 2020Supreme Court of Montana (McGrath, C.J., and six Justices), Order, In re Rules for Admission to the Bar of Montana, No. AF 11-0244 (June 17, 2020), adopting Temporary Rules for Admission to the Bar of Montana (provisional admission for candidates unable or unwilling to sit for the July 28-29, 2020 exam) (Ex. AGY-ST-TRADE-BOARDS-060)/library/AGY-ST-TRADE-BOARDS-060/exhibit/AGY-ST-TRADE-BOARDS-060
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-MT-001Mont. Code Ann. 50-1-202Montana Legislature (Montana Code Annotated, Title 50, ch. 1)standingMontana Legislature (Montana Code Annotated, Title 50, ch. 1), Mont. Code Ann. 50-1-202 (standing) (Ex. DUT-MT-001)/library/DUT-MT-001/exhibit/DUT-MT-001
Ex. DUT-MT-002Mont. Code Ann. 50-1-203Montana Legislature (Montana Code Annotated, Title 50, ch. 1)standingMontana Legislature (Montana Code Annotated, Title 50, ch. 1), Mont. Code Ann. 50-1-203 (standing) (Ex. DUT-MT-002)/library/DUT-MT-002/exhibit/DUT-MT-002
Ex. DUT-MT-003Mont. Code Ann. 50-1-204Montana Legislature (Montana Code Annotated, Title 50, ch. 1)standingMontana Legislature (Montana Code Annotated, Title 50, ch. 1), Mont. Code Ann. 50-1-204 (standing) (Ex. DUT-MT-003)/library/DUT-MT-003/exhibit/DUT-MT-003
Ex. DUT-MT-004Mont. Code Ann. 50-1-103Montana Legislature (Montana Code Annotated, Title 50, ch. 1)standingMontana Legislature (Montana Code Annotated, Title 50, ch. 1), Mont. Code Ann. 50-1-103 (standing) (Ex. DUT-MT-004)/library/DUT-MT-004/exhibit/DUT-MT-004
Ex. DUT-MT-005Mont. Code Ann. 50-2-118Montana Legislature (Montana Code Annotated, Title 50, ch. 2)standingMontana Legislature (Montana Code Annotated, Title 50, ch. 2), Mont. Code Ann. 50-2-118 (standing) (Ex. DUT-MT-005)/library/DUT-MT-005/exhibit/DUT-MT-005
Ex. DUT-MT-006Mont. Code Ann. 50-2-123Montana Legislature (Montana Code Annotated, Title 50, ch. 2)standingMontana Legislature (Montana Code Annotated, Title 50, ch. 2), Mont. Code Ann. 50-2-123 (standing) (Ex. DUT-MT-006)/library/DUT-MT-006/exhibit/DUT-MT-006
Ex. DUT-MT-007Mont. Code Ann. 50-2-124Montana Legislature (Montana Code Annotated, Title 50, ch. 2)standingMontana Legislature (Montana Code Annotated, Title 50, ch. 2), Mont. Code Ann. 50-2-124 (standing) (Ex. DUT-MT-007)/library/DUT-MT-007/exhibit/DUT-MT-007
Ex. DUT-MT-008Mont. Code Ann. 10-3-104Montana Legislature (Montana Code Annotated, Title 10, ch. 3)standingMontana Legislature (Montana Code Annotated, Title 10, ch. 3), Mont. Code Ann. 10-3-104 (standing) (Ex. DUT-MT-008)/library/DUT-MT-008/exhibit/DUT-MT-008
Ex. DUT-MT-009Mont. Code Ann. 10-3-103Montana Legislature (Montana Code Annotated, Title 10, ch. 3)standingMontana Legislature (Montana Code Annotated, Title 10, ch. 3), Mont. Code Ann. 10-3-103 (standing) (Ex. DUT-MT-009)/library/DUT-MT-009/exhibit/DUT-MT-009
Ex. DUT-MT-010Mont. Code Ann. 50-71-201Montana Legislature (Montana Code Annotated, Title 50, ch. 71)standingMontana Legislature (Montana Code Annotated, Title 50, ch. 71), Mont. Code Ann. 50-71-201 (standing) (Ex. DUT-MT-010)/library/DUT-MT-010/exhibit/DUT-MT-010
Ex. DUT-MT-011Mont. Code Ann. 50-71-202Montana Legislature (Montana Code Annotated, Title 50, ch. 71)standingMontana Legislature (Montana Code Annotated, Title 50, ch. 71), Mont. Code Ann. 50-71-202 (standing) (Ex. DUT-MT-011)/library/DUT-MT-011/exhibit/DUT-MT-011
Ex. DUT-MT-012Mont. Code Ann. 39-71-1504Montana Legislature (Montana Code Annotated, Title 39, ch. 71, part 15, Montana Safety Culture Act)standingMontana Legislature (Montana Code Annotated, Title 39, ch. 71, part 15, Montana Safety Culture Act), Mont. Code Ann. 39-71-1504 (standing) (Ex. DUT-MT-012)/library/DUT-MT-012/exhibit/DUT-MT-012
Ex. DUT-MT-013Mont. Code Ann. 27-1-1602 (SB 65 sec. 2)Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, approved by Governor Gianforte Feb. 10, 2021standingMontana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, approved by Governor Gianforte Feb. 10, 2021, Mont. Code Ann. 27-1-1602 (SB 65 sec. 2) (Feb. 10, 2021) (Ex. DUT-MT-013)/library/DUT-MT-013/exhibit/DUT-MT-013
Ex. DUT-MT-014Mont. Code Ann. 27-1-1606 (SB 65 sec. 6)Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021standingMontana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Mont. Code Ann. 27-1-1606 (SB 65 sec. 6) (Feb. 10, 2021) (Ex. DUT-MT-014)/library/DUT-MT-014/exhibit/DUT-MT-014
Ex. DUT-MT-015Mont. Code Ann. 27-1-1601 (SB 65 sec. 1)Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021standingMontana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Mont. Code Ann. 27-1-1601 (SB 65 sec. 1) (Feb. 10, 2021) (Ex. DUT-MT-015)/library/DUT-MT-015/exhibit/DUT-MT-015
Ex. DUT-MT-016Mont. Code Ann. 27-1-1608 (SB 65 sec. 8)Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021standingMontana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Mont. Code Ann. 27-1-1608 (SB 65 sec. 8) (Feb. 10, 2021) (Ex. DUT-MT-016)/library/DUT-MT-016/exhibit/DUT-MT-016
Ex. DUT-MT-017Mont. Code Ann. 50-50-105Montana Legislature (Montana Code Annotated, Title 50, ch. 50, Food Establishments)standingMontana Legislature (Montana Code Annotated, Title 50, ch. 50, Food Establishments), Mont. Code Ann. 50-50-105 (standing) (Ex. DUT-MT-017)/library/DUT-MT-017/exhibit/DUT-MT-017
Ex. DUT-MT-018Press release and letter, 'AG Knudsen Orders Dismissal of COVID Curfew Case Against Rocking R Bar in Gallatin County' (Gallatin City-County Board of Health and…Attorney General Austin Knudsen, Montana Department of Justice (press release with the full text of the supervisory letter to Gallatin County Attorney Marty Lambert)standingAttorney General Austin Knudsen, Montana Department of Justice (press release with the full text of the supervisory letter to Gallatin County Attorney Marty Lambert), Press release and letter, 'AG Knudsen Orders Dismissal of COVID Curfew Case Against Rocking R Bar in Gallatin County' (Gallatin City-County Board of Health and Health Officer Matt Kelley v. Rocking R Bar, Gallatin County Cause No. DV-20-1278B) (Jan. 14, 2021) (Ex. DUT-MT-018)/library/DUT-MT-018/exhibit/DUT-MT-018
Ex. DUT-MT-019Stand Up Montana v. Missoula County Public Schools, 2023 MT 240, No. DA 23-0046 (Mont. Dec. 12, 2023)Supreme Court of Montana (Gustafson, J.)standingSupreme Court of Montana (Gustafson, J.), Stand Up Montana v. Missoula County Public Schools, 2023 MT 240, No. DA 23-0046 (Mont. Dec. 12, 2023) (Ex. DUT-MT-019)/library/DUT-MT-019/exhibit/DUT-MT-019
Ex. DUT-MT-020State of Montana Coronavirus Frequently Asked Questions, updated April 14, 2020, 10:30 a.m.State of Montana, State Emergency Operations Center, Joint Information Center (JIC) (Office of the Governor; hosted at covid19.mt.gov)standingState of Montana, State Emergency Operations Center, Joint Information Center (JIC) (Office of the Governor; hosted at covid19.mt.gov), State of Montana Coronavirus Frequently Asked Questions, updated April 14, 2020, 10:30 a.m. (Apr. 14, 2020) (Ex. DUT-MT-020)/library/DUT-MT-020/exhibit/DUT-MT-020
Ex. DUT-MT-021Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential…Governor Steve BullockstandingGovernor Steve Bullock, Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions) (cross-reference to Ex. MT-009) (Mar. 26, 2020) (Ex. DUT-MT-021)/library/DUT-MT-021/exhibit/DUT-MT-021
Ex. DUT-MT-022Phase One Directive with Appendix A (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and…Governor Steve BullockstandingGovernor Steve Bullock, Phase One Directive with Appendix A (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One) (cross-reference to Ex. MT-013) (Apr. 22, 2020) (Ex. DUT-MT-022)/library/DUT-MT-022/exhibit/DUT-MT-022
Ex. DUT-MT-023Phase Two Directive with Appendices (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two) (cross-reference to…Governor Steve BullockstandingGovernor Steve Bullock, Phase Two Directive with Appendices (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two) (cross-reference to Ex. MT-014) (May 19, 2020) (Ex. DUT-MT-023)/library/DUT-MT-023/exhibit/DUT-MT-023
Ex. DUT-MT-024Face Covering Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the mandatory use of face coverings in certain settings)…Governor Steve BullockstandingGovernor Steve Bullock, Face Covering Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the mandatory use of face coverings in certain settings) (cross-reference to Ex. MT-016) (July 15, 2020) (Ex. DUT-MT-024)/library/DUT-MT-024/exhibit/DUT-MT-024
Ex. DUT-MT-025Directive implementing Executive Orders 2-2020 and 3-2020 and limiting group size, bar and restaurant capacity and hours, and requiring face coverings statewide…Governor Steve BullockstandingGovernor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 and limiting group size, bar and restaurant capacity and hours, and requiring face coverings statewide (cross-reference to Ex. MT-018) (Nov. 17, 2020) (Ex. DUT-MT-025)/library/DUT-MT-025/exhibit/DUT-MT-025
Ex. DUT-MT-026Directive Implementing Executive Order 2-2021 (Jan. 13, 2021) (cross-reference to Ex. MT-020)Governor Greg GianfortestandingGovernor Greg Gianforte, Directive Implementing Executive Order 2-2021 (Jan. 13, 2021) (cross-reference to Ex. MT-020) (Ex. DUT-MT-026)/library/DUT-MT-026/exhibit/DUT-MT-026
Ex. DUT-MT-027Directive Implementing Executive Order 2-2021 (Feb. 12, 2021; rescinding and replacing all prior directives) (cross-reference to Ex. MT-021)Governor Greg GianfortestandingGovernor Greg Gianforte, Directive Implementing Executive Order 2-2021 (Feb. 12, 2021; rescinding and replacing all prior directives) (cross-reference to Ex. MT-021) (Ex. DUT-MT-027)/library/DUT-MT-027/exhibit/DUT-MT-027
Ex. DUT-MT-028Directive Implementing Executive Orders 2-2020 and 3-2020 designating childcare an Essential Business and establishing operating requirements (cross-reference…Governor Steve BullockstandingGovernor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 designating childcare an Essential Business and establishing operating requirements (cross-reference to Ex. MT-025) (Apr. 1, 2020) (Ex. DUT-MT-028)/library/DUT-MT-028/exhibit/DUT-MT-028
Ex. DUT-MT-029Mont. Code Ann. 50-2-116 (Powers and duties of local boards of health) (cross-reference to Ex. MT-073)Montana Legislature (Mont. Code Ann. 50-2-116, as amended by Ch. 324 and Ch. 408, L. 2021 (HB 121, approved Apr. 16, 2021; HB 257, approved May 7, 2021))standingMontana Legislature (Mont. Code Ann. 50-2-116, as amended by Ch. 324 and Ch. 408, L. 2021 (HB 121, approved Apr. 16, 2021; HB 257, approved May 7, 2021)), Mont. Code Ann. 50-2-116 (Powers and duties of local boards of health) (cross-reference to Ex. MT-073) (standing) (Ex. DUT-MT-029)/library/DUT-MT-029/exhibit/DUT-MT-029
Ex. DUT-MT-030Mont. Code Ann. 49-2-312 (cross-reference to Ex. MT-072)Montana Legislature (67th), House Bill 702, Ch. 418, L. 2021, approved May 7, 2021standingMontana Legislature (67th), House Bill 702, Ch. 418, L. 2021, approved May 7, 2021, Mont. Code Ann. 49-2-312 (cross-reference to Ex. MT-072) (standing) (Ex. DUT-MT-030)/library/DUT-MT-030/exhibit/DUT-MT-030
Ex. DUT-MT-031DPHHS legal memorandum: Application of March 26, 2020 Directive to craft and hobby stores (cross-reference to Ex. MT-029)Montana Department of Public Health and Human Services, Office of Legal AffairsstandingMontana Department of Public Health and Human Services, Office of Legal Affairs, DPHHS legal memorandum: Application of March 26, 2020 Directive to craft and hobby stores (cross-reference to Ex. MT-029) (Apr. 7, 2020) (Ex. DUT-MT-031)/library/DUT-MT-031/exhibit/DUT-MT-031
Ex. FED-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-002Notice of February 24, 2021President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)/library/FED-002/exhibit/FED-002
Ex. FED-006Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)Mar. 13, 2020President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)/library/FED-006/exhibit/FED-006
Ex. FED-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)/library/FED-007/exhibit/FED-007
Ex. FED-008Memorandum of February 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)Feb. 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)/library/FED-008/exhibit/FED-008
Ex. FED-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-010Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel CoronavirusAlex M. Azar II, Secretary of Health and Human ServicesJan. 31, 2020Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)/library/FED-010/exhibit/FED-010
Ex. FED-011Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)Alex M. Azar II, Secretary of HHSApr. 21, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)/library/FED-011/exhibit/FED-011
Ex. FED-012Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)Alex M. Azar II, Secretary of HHSJuly 23, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)/library/FED-012/exhibit/FED-012
Ex. FED-013Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)Alex M. Azar II, Secretary of HHSOct. 2, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)/library/FED-013/exhibit/FED-013
Ex. FED-014Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)Alex M. Azar II, Secretary of HHSJan. 7, 2021Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)/library/FED-014/exhibit/FED-014
Ex. FED-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)/library/FED-015/exhibit/FED-015
Ex. FED-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)/library/FED-016/exhibit/FED-016
Ex. FED-020CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)Jan. 29, 2021Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)/library/FED-020/exhibit/FED-020
Ex. FED-022CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)Sept. 1, 2020Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)/library/FED-022/exhibit/FED-022
Ex. FED-023CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)Centers for Disease Control and Prevention, HHSJan. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)/library/FED-023/exhibit/FED-023
Ex. FED-024CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)Centers for Disease Control and Prevention, HHSMar. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)/library/FED-024/exhibit/FED-024
Ex. FED-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)/library/FED-025/exhibit/FED-025
Ex. FED-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)/library/FED-026/exhibit/FED-026
Ex. FED-027CDC No Sail Order and Suspension of Further EmbarkationCenters for Disease Control and Prevention, HHS (CDC Director)Mar. 14, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)/library/FED-027/exhibit/FED-027
Ex. FED-028No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)Centers for Disease Control and Prevention, HHSApr. 9, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)/library/FED-028/exhibit/FED-028
Ex. FED-029No Sail Order; Second Modification and Extension (July 16, 2020)Centers for Disease Control and Prevention, HHSJuly 16, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)/library/FED-029/exhibit/FED-029
Ex. FED-030No Sail Order; Third Modification and Extension (Sept. 30, 2020)Centers for Disease Control and Prevention, HHSSept. 30, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)/library/FED-030/exhibit/FED-030
Ex. FED-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)/library/FED-031/exhibit/FED-031
Ex. FED-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)/library/FED-032/exhibit/FED-032
Ex. FED-034CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')Centers for Disease Control and Prevention, HHS (CDC Director)Mar. 20, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)/library/FED-034/exhibit/FED-034
Ex. FED-036Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)Centers for Disease Control and Prevention, HHSMay 19, 2020Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)/library/FED-036/exhibit/FED-036
Ex. FED-037CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)Centers for Disease Control and Prevention, HHSOct. 13, 2020Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)/library/FED-037/exhibit/FED-037
Ex. FED-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)/library/FED-038/exhibit/FED-038
Ex. FED-039Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…Centers for Disease Control and Prevention, HHSMar. 20, 2020Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)/library/FED-039/exhibit/FED-039
Ex. FED-040CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United KingdomCenters for Disease Control and Prevention, HHSDec. 25, 2020Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)/library/FED-040/exhibit/FED-040
Ex. FED-041CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…Centers for Disease Control and Prevention, HHSJan. 12, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)/library/FED-041/exhibit/FED-041
Ex. FED-042CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)Jan. 25, 2021Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)/library/FED-042/exhibit/FED-042
Ex. FED-048Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…Centers for Disease Control and Prevention, HHSSept. 11, 2020Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)/library/FED-048/exhibit/FED-048
Ex. FED-050TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)Jan. 31, 2021Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)/library/FED-050/exhibit/FED-050
Ex. FED-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)/library/FED-051/exhibit/FED-051
Ex. FED-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)/library/FED-052/exhibit/FED-052
Ex. FED-053TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)/library/FED-053/exhibit/FED-053
Ex. FED-055Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)/library/FED-055/exhibit/FED-055
Ex. FED-056Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight BoardApr. 20, 2021Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)/library/FED-056/exhibit/FED-056
Ex. FED-057Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)Acting Secretary of Homeland Security David P. PekoskeJan. 27, 2021Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)/library/FED-057/exhibit/FED-057
Ex. FED-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-061Executive Order 13998President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)/library/FED-061/exhibit/FED-061
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)/library/FED-063/exhibit/FED-063
Ex. FED-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-066Executive Order 13945President Donald J. TrumpAug. 8, 2020President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)/library/FED-066/exhibit/FED-066
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-071Executive Order 13910President Donald J. TrumpMar. 23, 2020President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)/library/FED-071/exhibit/FED-071
Ex. FED-073Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)President Donald J. TrumpApr. 28, 2020President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)/library/FED-073/exhibit/FED-073
Ex. FED-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)/library/FED-074/exhibit/FED-074
Ex. FED-075Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic UseFederal Emergency Management Agency, DHSApr. 7, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)/library/FED-075/exhibit/FED-075
Ex. FED-076Notification of Exemptions to the PPE allocation ruleFederal Emergency Management Agency, DHSApr. 17, 2020Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)/library/FED-076/exhibit/FED-076
Ex. FED-077Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)Federal Emergency Management Agency, DHSAug. 10, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)/library/FED-077/exhibit/FED-077
Ex. FED-078Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)Federal Emergency Management Agency, DHSDec. 31, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)/library/FED-078/exhibit/FED-078
Ex. FED-080Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)Occupational Safety and Health Administration, U.S. Department of LaborJune 21, 2021Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)/library/FED-080/exhibit/FED-080
Ex. FED-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)/library/FED-081/exhibit/FED-081
Ex. FED-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)/library/FED-082/exhibit/FED-082
Ex. FED-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)/library/FED-083/exhibit/FED-083
Ex. FED-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)/library/FED-084/exhibit/FED-084
Ex. FED-088Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)OSHA, U.S. Department of LaborMar. 9, 2020OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)/library/FED-088/exhibit/FED-088
Ex. FED-090CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…Centers for Medicare & Medicaid Services, HHSMar. 30, 2020Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)/library/FED-090/exhibit/FED-090
Ex. FED-091CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)Centers for Medicare & Medicaid Services, HHSMay 1, 2020Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)/library/FED-091/exhibit/FED-091
Ex. FED-092CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…Centers for Medicare & Medicaid Services, HHSSept. 2, 2020Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)/library/FED-092/exhibit/FED-092
Ex. FED-093CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)Nov. 2, 2020Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)/library/FED-093/exhibit/FED-093
Ex. FED-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)/library/FED-094/exhibit/FED-094
Ex. FED-096CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight GroupMar. 4, 2020CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)/library/FED-096/exhibit/FED-096
Ex. FED-097QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)CMS, Quality, Safety & Oversight GroupMar. 13, 2020CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)/library/FED-097/exhibit/FED-097
Ex. FED-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)/library/FED-098/exhibit/FED-098
Ex. FED-099CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 23, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)/library/FED-099/exhibit/FED-099
Ex. FED-100FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 29, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)/library/FED-100/exhibit/FED-100
Ex. FED-104FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)/library/FED-104/exhibit/FED-104
Ex. FED-109FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)/library/FED-109/exhibit/FED-109
Ex. FED-113FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 26, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)/library/FED-113/exhibit/FED-113
Ex. FED-115FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 23, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)/library/FED-115/exhibit/FED-115
Ex. FED-118FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 24, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)/library/FED-118/exhibit/FED-118
Ex. FED-130FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)/library/FED-130/exhibit/FED-130
Ex. FED-132FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 20, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)/library/FED-132/exhibit/FED-132
Ex. FED-133FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)/library/FED-133/exhibit/FED-133
Ex. FED-143FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)/library/FED-143/exhibit/FED-143
Ex. FED-147FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)/library/FED-147/exhibit/FED-147
Ex. FED-150FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Apr. 11, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)/library/FED-150/exhibit/FED-150
Ex. FED-154QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)CMS, Quality, Safety & Oversight GroupSept. 17, 2020CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)/library/FED-154/exhibit/FED-154
Ex. FED-155QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19CMS, Quality, Safety & Oversight GroupMar. 10, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)/library/FED-155/exhibit/FED-155
Ex. FED-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)/library/FED-156/exhibit/FED-156
Ex. FED-157QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)CMS, Quality, Safety & Oversight GroupMay 18, 2020CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)/library/FED-157/exhibit/FED-157
Ex. FED-158CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…Centers for Medicare & Medicaid Services, HHSApr. 7, 2020Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)/library/FED-158/exhibit/FED-158
Ex. FED-159CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)Centers for Medicare & Medicaid Services, HHSApr. 19, 2020Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)/library/FED-159/exhibit/FED-159
Ex. FED-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)/library/FED-160/exhibit/FED-160
Ex. FED-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)/library/FED-161/exhibit/FED-161
Ex. FED-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)/library/FED-163/exhibit/FED-163
Ex. FED-164CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 4, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)/library/FED-164/exhibit/FED-164
Ex. FED-165CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupJune 1, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)/library/FED-165/exhibit/FED-165
Ex. FED-166CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupAug. 17, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)/library/FED-166/exhibit/FED-166
Ex. FED-168CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…CMS, Quality, Safety & Oversight GroupAug. 26, 2020CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)/library/FED-168/exhibit/FED-168
Ex. FED-170Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…Congress (Pub. L. 116-127); approved by the PresidentMar. 18, 2020Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)/library/FED-170/exhibit/FED-170
Ex. FED-171Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826Wage and Hour Division, U.S. Department of LaborApr. 1, 2020Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)/library/FED-171/exhibit/FED-171
Ex. FED-172Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)Wage and Hour Division, U.S. Department of LaborSept. 11, 2020Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)/library/FED-172/exhibit/FED-172
Ex. FED-173Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…Congress (Pub. L. 116-260)Dec. 27, 2020Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)/library/FED-173/exhibit/FED-173
Ex. FED-174American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…Congress (Pub. L. 117-2); approved by the PresidentMar. 11, 2021Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)/library/FED-174/exhibit/FED-174
Ex. FED-180Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)Secretary of Health and Human ServicesMar. 10, 2020Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)/library/FED-180/exhibit/FED-180
Ex. FED-181Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…Secretary of Health and Human ServicesFeb. 4, 2020Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)/library/FED-181/exhibit/FED-181
Ex. FED-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)/library/FED-182/exhibit/FED-182
Ex. FED-183Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devicesSecretary of Health and Human ServicesMar. 24, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)/library/FED-183/exhibit/FED-183
Ex. FED-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)/library/FED-184/exhibit/FED-184
Ex. FED-185Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)Dec. 11, 2020Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)/library/FED-185/exhibit/FED-185
Ex. FED-186Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)Food and Drug Administration, HHSDec. 18, 2020Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)/library/FED-186/exhibit/FED-186
Ex. FED-187Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)Food and Drug Administration, HHSFeb. 27, 2021Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)/library/FED-187/exhibit/FED-187
Ex. FED-190The President's Coronavirus Guidelines for America: 15 Days to Slow the SpreadThe President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)/library/FED-190/exhibit/FED-190
Ex. FED-19130 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)The President and the White House Coronavirus Task ForceMar. 31, 2020The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)/library/FED-191/exhibit/FED-191
Ex. FED-192Guidelines for Opening Up America Again (Apr. 16, 2020)The President and the White House Coronavirus Task ForceApr. 16, 2020The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)/library/FED-192/exhibit/FED-192
Ex. FED-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)/library/FED-194/exhibit/FED-194
Ex. FED-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-202Proclamation 9993President Donald J. TrumpMar. 11, 2020President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)/library/FED-202/exhibit/FED-202
Ex. FED-203Proclamation 9996President Donald J. TrumpMar. 14, 2020President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)/library/FED-203/exhibit/FED-203
Ex. FED-204Proclamation 10041President Donald J. TrumpMay 24, 2020President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)/library/FED-204/exhibit/FED-204
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-210Proclamation 10014President Donald J. TrumpApr. 22, 2020President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)/library/FED-210/exhibit/FED-210
Ex. FED-211Proclamation 10052President Donald J. TrumpJune 22, 2020President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)/library/FED-211/exhibit/FED-211
Ex. FED-212Proclamation 10054President Donald J. TrumpJune 29, 2020President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)/library/FED-212/exhibit/FED-212
Ex. FED-213Proclamation 10131President Donald J. TrumpDec. 31, 2020President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)/library/FED-213/exhibit/FED-213
Ex. FED-214Proclamation 10149President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)/library/FED-214/exhibit/FED-214
Ex. FED-216Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border ProtectionMar. 24, 2020U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)/library/FED-216/exhibit/FED-216
Ex. FED-217Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)/library/FED-217/exhibit/FED-217
Ex. FED-219Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)/library/FED-219/exhibit/FED-219
Ex. FED-222Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)/library/FED-222/exhibit/FED-222
Ex. FED-225Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)/library/FED-225/exhibit/FED-225
Ex. FED-226Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)/library/FED-226/exhibit/FED-226
Ex. FED-229Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)/library/FED-229/exhibit/FED-229
Ex. FED-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)/library/FED-232/exhibit/FED-232
Ex. FED-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)/library/FED-235/exhibit/FED-235
Ex. FED-239Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…DHS (Acting Secretary Chad F. Wolf), with CBPMar. 24, 2020DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)/library/FED-239/exhibit/FED-239
Ex. FED-240Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)/library/FED-240/exhibit/FED-240
Ex. FED-242Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)/library/FED-242/exhibit/FED-242
Ex. FED-245Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)/library/FED-245/exhibit/FED-245
Ex. FED-248Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)/library/FED-248/exhibit/FED-248
Ex. FED-249Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)/library/FED-249/exhibit/FED-249
Ex. FED-252Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)/library/FED-252/exhibit/FED-252
Ex. FED-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)/library/FED-255/exhibit/FED-255
Ex. FED-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)/library/FED-258/exhibit/FED-258
Ex. FED-264OMB Memorandum M-20-16Office of Management and Budget (Acting Director Russell T. Vought)Mar. 17, 2020Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)/library/FED-264/exhibit/FED-264
Ex. FED-265OMB Memorandum M-20-17Office of Management and BudgetMar. 19, 2020Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)/library/FED-265/exhibit/FED-265
Ex. FED-266OMB Memorandum M-20-18Office of Management and Budget (Deputy Director for Management)Mar. 20, 2020Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)/library/FED-266/exhibit/FED-266
Ex. FED-267OMB Memorandum M-20-19Office of Management and BudgetMar. 22, 2020Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)/library/FED-267/exhibit/FED-267
Ex. FED-268OMB/OPM Memorandum M-20-23Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)Apr. 20, 2020Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)/library/FED-268/exhibit/FED-268
Ex. FED-270Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task ForceJan. 24, 2021Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)/library/FED-270/exhibit/FED-270
Ex. FED-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)/library/FED-271/exhibit/FED-271
Ex. FED-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)/library/FED-272/exhibit/FED-272
Ex. FED-274Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Safer Federal Workforce Task Force; approved by the Director of OMBSept. 24, 2021Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)/library/FED-274/exhibit/FED-274
Ex. FED-275Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)Office of Management and Budget (Acting Director Shalanda D. Young)Sept. 24, 2021Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)/library/FED-275/exhibit/FED-275
Ex. FED-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)/library/FED-278/exhibit/FED-278
Ex. FED-279Order of March 16, 2020 (COVID-19 building access)United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)Mar. 16, 2020United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)/library/FED-279/exhibit/FED-279
Ex. FED-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)/library/FED-280/exhibit/FED-280
Ex. FED-281Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019Deputy Secretary of Defense David L. NorquistMar. 13, 2020Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)/library/FED-281/exhibit/FED-281
Ex. FED-282Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel RestrictionsSecretary of Defense Mark T. EsperApr. 20, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)/library/FED-282/exhibit/FED-282
Ex. FED-283Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…Secretary of Defense Mark T. EsperMay 22, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)/library/FED-283/exhibit/FED-283
Ex. FED-284Order of the Chief Judge No. 20-042Chief Judge Virginia A. PhillipsMar. 19, 2020Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)/library/FED-284/exhibit/FED-284
Ex. FED-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)/library/FED-285/exhibit/FED-285
Ex. FED-286General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)/library/FED-286/exhibit/FED-286
Ex. FED-288General Order 2020-8Chief Judge Philip A. BrimmerMay 6, 2020Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)/library/FED-288/exhibit/FED-288
Ex. FED-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)/library/FED-290
Ex. FED-291Press release of March 16, 2020 (postponement of the March 2020 argument session)Supreme Court of the United States (Public Information Office)Mar. 16, 2020Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)/library/FED-291/exhibit/FED-291
Ex. FED-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)/library/FED-292/exhibit/FED-292
Ex. FED-293Press release of April 3, 2020 (postponement of the April 2020 argument session)Supreme Court of the United States (Public Information Office)Apr. 3, 2020Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)/library/FED-293/exhibit/FED-293
Ex. FED-294Press release of April 13, 2020 (telephone arguments in May 2020)Supreme Court of the United States (Public Information Office)Apr. 13, 2020Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)/library/FED-294/exhibit/FED-294
Ex. FED-295Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020Mar. 29, 2020Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)/library/FED-295/exhibit/FED-295
Ex. FED-296Tenth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerFeb. 12, 2021Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)/library/FED-296/exhibit/FED-296
Ex. FED-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)/library/FED-297/exhibit/FED-297
Ex. FED-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)/library/FED-298/exhibit/FED-298
Ex. FED-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)/library/FED-299/exhibit/FED-299
Ex. FED-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)/library/FED-300/exhibit/FED-300
Ex. FED-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-303Standing Order 20-17Chief Judge Freda L. WolfsonNov. 25, 2020Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)/library/FED-303/exhibit/FED-303
Ex. FED-304Third Extension of Standing Order 20-12Chief Judge Freda L. WolfsonDec. 17, 2020Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)/library/FED-304/exhibit/FED-304
Ex. FED-305Standing Order 21-02Chief Judge Freda L. WolfsonMar. 17, 2021Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)/library/FED-305/exhibit/FED-305
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-310Second Amended Standing Order 2020-02Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)/library/FED-310/exhibit/FED-310
Ex. FED-311Standing Order 2020-04Chief Judge James K. BredarMar. 16, 2020Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)/library/FED-311/exhibit/FED-311
Ex. FED-312Standing Order 2020-05Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)/library/FED-312/exhibit/FED-312
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-316Fourth Amendment to General Order 20-01Chief Judge Thomas W. Thrash, Jr.July 31, 2020Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)/library/FED-316/exhibit/FED-316
Ex. FED-317General Order 72Chief Judge Phyllis J. HamiltonMar. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)/library/FED-317/exhibit/FED-317
Ex. FED-318General Order 72-2Chief Judge Phyllis J. HamiltonApr. 30, 2020Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)/library/FED-318/exhibit/FED-318
Ex. FED-319Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…U.S. Department of State, Bureau of Consular AffairsMar. 26, 2020U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)/library/FED-319
Ex. FED-320Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)U.S. Department of Homeland Security, U.S. Citizenship and Immigration ServicesApr. 20, 2020U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)/library/FED-320/exhibit/FED-320
Ex. FED-321Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)U.S. Department of Homeland Security, USCISMay 14, 2020U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)/library/FED-321/exhibit/FED-321
Ex. FED-322Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…DHS, USCISAug. 20, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)/library/FED-322/exhibit/FED-322
Ex. FED-323Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…DHS, USCISDec. 18, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)/library/FED-323/exhibit/FED-323
Ex. FED-324USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020U.S. Citizenship and Immigration ServicesMar. 17, 2020U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)/library/FED-324/exhibit/FED-324
Ex. FED-325USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4U.S. Citizenship and Immigration ServicesMay 27, 2020U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)/library/FED-325/exhibit/FED-325
Ex. FED-327Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)U.S. Department of State, Bureau of Consular AffairsMar. 20, 2020U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)/library/FED-327/exhibit/FED-327
Ex. FED-328Phased Resumption of Routine Visa Services (announcement of July 14, 2020)U.S. Department of State, Bureau of Consular AffairsJuly 14, 2020U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)/library/FED-328/exhibit/FED-328
Ex. FED-331General Order 72-4Chief Judge Phyllis J. HamiltonJune 24, 2020Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)/library/FED-331/exhibit/FED-331
Ex. FED-332General Order 72-5Chief Judge Phyllis J. HamiltonJuly 23, 2020Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)/library/FED-332/exhibit/FED-332
Ex. FED-333General Order 72-6Chief Judge Phyllis J. HamiltonSept. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)/library/FED-333/exhibit/FED-333
Ex. FED-334General Order 73 (Amended May 21, 2020)Chief Judge Phyllis J. HamiltonMay 21, 2020Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)/library/FED-334/exhibit/FED-334
Ex. FED-336General Order 77Chief Judge Phyllis J. HamiltonJune 9, 2020Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)/library/FED-336/exhibit/FED-336
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-338General Order 20-0012 (original)Chief Judge Rebecca R. PallmeyerMar. 12, 2020Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)/library/FED-338/exhibit/FED-338
Ex. FED-339Eighth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerNov. 13, 2020Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)/library/FED-339/exhibit/FED-339
Ex. FED-340CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…Congress (Pub. L. 116-136, signed Mar. 27, 2020)Mar. 27, 2020Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)/library/FED-340/exhibit/FED-340
Ex. FED-342Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank SupervisorsApr. 7, 2020Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)/library/FED-342/exhibit/FED-342
Ex. FED-343Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…Bureau of Consumer Financial ProtectionJune 30, 2020Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)/library/FED-343/exhibit/FED-343
Ex. FED-344Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…Bureau of Consumer Financial ProtectionJune 25, 2021Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)/library/FED-344/exhibit/FED-344
Ex. FED-345Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)President Donald J. Trump (Memorandum for the Secretary of Education)Aug. 8, 2020President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)/library/FED-345/exhibit/FED-345
Ex. FED-346FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed MortgagesFederal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie MacMar. 18, 2020Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)/library/FED-346/exhibit/FED-346
Ex. FED-348FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)Federal Housing Finance AgencyJune 17, 2020Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)/library/FED-348/exhibit/FED-348
Ex. FED-349FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)Federal Housing Finance AgencyAug. 27, 2020Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)/library/FED-349/exhibit/FED-349
Ex. FED-350FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)Federal Housing Finance AgencyDec. 2, 2020Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)/library/FED-350/exhibit/FED-350
Ex. FED-353FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…Federal Housing Finance AgencyFeb. 25, 2021Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)/library/FED-353/exhibit/FED-353
Ex. FED-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)/library/FED-354/exhibit/FED-354
Ex. FED-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)/library/FED-355/exhibit/FED-355
Ex. FED-356Mortgagee Letter 2020-04U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)Mar. 18, 2020U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)/library/FED-356/exhibit/FED-356
Ex. FED-359Mortgagee Letter 2020-19HUD, Federal Housing AdministrationJune 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)/library/FED-359
Ex. FED-360Mortgagee Letter 2020-27HUD, Federal Housing AdministrationAug. 27, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)/library/FED-360/exhibit/FED-360
Ex. FED-361Mortgagee Letter 2020-43HUD, Federal Housing AdministrationDec. 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)/library/FED-361/exhibit/FED-361
Ex. FED-362Mortgagee Letter 2021-03HUD, Federal Housing AdministrationJan. 21, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)/library/FED-362/exhibit/FED-362
Ex. FED-363Mortgagee Letter 2021-05HUD, Federal Housing AdministrationFeb. 16, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)/library/FED-363/exhibit/FED-363
Ex. FED-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-367Circular 26-20-7Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty ServiceMar. 16, 2020Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)/library/FED-367/exhibit/FED-367
Ex. FED-368Circular 26-20-8VA, Loan Guaranty ServiceMar. 18, 2020VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)/library/FED-368/exhibit/FED-368
Ex. FED-369Circular 26-20-12VA, Loan Guaranty ServiceApr. 8, 2020VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)/library/FED-369/exhibit/FED-369
Ex. FED-371Circular 26-20-22VA, Loan Guaranty ServiceJune 17, 2020VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)/library/FED-371/exhibit/FED-371
Ex. FED-372Circular 26-20-23VA, Loan Guaranty ServiceJune 18, 2020VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)/library/FED-372/exhibit/FED-372
Ex. FED-373Circular 26-20-29VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)/library/FED-373/exhibit/FED-373
Ex. FED-374Circular 26-20-30VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)/library/FED-374/exhibit/FED-374
Ex. FED-375Circular 26-20-40VA, Loan Guaranty ServiceDec. 28, 2020VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)/library/FED-375/exhibit/FED-375
Ex. FED-376Circular 26-21-2VA, Loan Guaranty ServiceJan. 29, 2021VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)/library/FED-376/exhibit/FED-376
Ex. FED-377Circular 26-21-5VA, Loan Guaranty ServiceFeb. 16, 2021VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)/library/FED-377
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-381USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…U.S. Department of Agriculture, Rural DevelopmentMar. 19, 2020U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)/library/FED-381
Ex. FED-382USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…USDA Rural DevelopmentDec. 28, 2020USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)/library/FED-382
Ex. FED-384USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…USDA Rural Development (with the White House announcement of June 24, 2021)June 24, 2021USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)/library/FED-384
Ex. FED-385USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)July 30, 2021USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)/library/FED-385/exhibit/FED-385
Ex. FED-386Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…Secretary of the Interior David L. BernhardtMar. 22, 2020Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)/library/FED-386/exhibit/FED-386
Ex. FED-387NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…Secretary of the Interior David L. Bernhardt; National Park ServiceMar. 18, 2020Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)/library/FED-387/exhibit/FED-387
Ex. FED-389BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in OregonBureau of Land Management, Oregon/Washington State Office and District ManagersMar. 27, 2020Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)/library/FED-389/exhibit/FED-389
Ex. FED-390Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitorsBureau of ReclamationMar. 17, 2020Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)/library/FED-390/exhibit/FED-390
Ex. FED-391USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment OnlyU.S. Department of Agriculture, Farm Production and Conservation mission areaMar. 23, 2020U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)/library/FED-391
Ex. FED-393USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…U.S. Army Corps of Engineers Headquarters and district commandersMar. 17, 2020U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)/library/FED-393
Ex. FED-396The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…The President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)/library/FED-396/exhibit/FED-396
Ex. FED-398H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)May 15, 2020U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)/library/FED-398/exhibit/FED-398
Ex. LAW-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)/library/LAW-001/exhibit/LAW-001
Ex. LAW-002Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…United States CongressDec. 27, 2020United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)/library/LAW-002/exhibit/LAW-002
Ex. LAW-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)/library/LAW-003/exhibit/LAW-003
Ex. LAW-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)/library/LAW-004/exhibit/LAW-004
Ex. MT-001Executive Order No. 2-2020Governor Steve BullockMar. 12, 2020Governor Steve Bullock, Executive Order No. 2-2020 (Mar. 12, 2020) (Ex. MT-001)/library/MT-001/exhibit/MT-001
Ex. MT-002Executive Order No. 3-2020Governor Steve BullockMar. 13, 2020Governor Steve Bullock, Executive Order No. 3-2020 (Mar. 13, 2020) (Ex. MT-002)/library/MT-002/exhibit/MT-002
Ex. MT-003Directive Implementing Executive Orders 2-2020 and 3-2020 (school closure; nursing homes; social distancing; transportation; National Guard)Governor Steve BullockMar. 15, 2020Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (school closure; nursing homes; social distancing; transportation; National Guard) (Mar. 15, 2020) (Ex. MT-003)/library/MT-003/exhibit/MT-003
Ex. MT-004Directive Implementing Executive Orders 2-2020 and 3-2020 (additional direction on school closures)Governor Steve BullockMar. 19, 2020Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (additional direction on school closures) (Mar. 19, 2020) (Ex. MT-004)/library/MT-004/exhibit/MT-004
Ex. MT-005Directive Implementing Executive Orders 2-2020 and 3-2020 (closure of on-premises food and beverage service, casinos, gyms, theaters)Governor Steve BullockMar. 20, 2020Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (closure of on-premises food and beverage service, casinos, gyms, theaters) (Mar. 20, 2020) (Ex. MT-005)/library/MT-005/exhibit/MT-005
Ex. MT-006Directive Implementing Executive Orders 2-2020 and 3-2020 (hospital surge capacity; procurement; patient transfer)Governor Steve BullockMar. 23, 2020Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (hospital surge capacity; procurement; patient transfer) (Mar. 23, 2020) (Ex. MT-006)/library/MT-006/exhibit/MT-006
Ex. MT-007Directive Implementing Executive Orders 2-2020 and 3-2020 (closure extensions; social distancing; retail distancing; school closure extended)Governor Steve BullockMar. 24, 2020Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (closure extensions; social distancing; retail distancing; school closure extended) (Mar. 24, 2020) (Ex. MT-007)/library/MT-007/exhibit/MT-007
Ex. MT-008Directive Implementing Executive Orders 2-2020 and 3-2020 (operation of local government)Governor Steve BullockMar. 24, 2020Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (operation of local government) (Mar. 24, 2020) (Ex. MT-008)/library/MT-008/exhibit/MT-008
Ex. MT-009Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential…Governor Steve BullockMar. 26, 2020Governor Steve Bullock, Stay at Home Directive (Directive Implementing Executive Orders 2-2020 and 3-2020 providing measures to stay at home and designating certain essential functions) (Mar. 26, 2020) (Ex. MT-009)/library/MT-009/exhibit/MT-009
Ex. MT-010Directive Implementing Executive Orders 2-2020 and 3-2020 (mandatory quarantine for travelers arriving from another state or country)Governor Steve BullockMar. 30, 2020Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (mandatory quarantine for travelers arriving from another state or country) (Mar. 30, 2020) (Ex. MT-010)/library/MT-010/exhibit/MT-010
Ex. MT-011Directive Implementing Executive Orders 2-2020 and 3-2020 (limits on foreclosures, evictions and disconnections from service)Governor Steve BullockMar. 30, 2020Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (limits on foreclosures, evictions and disconnections from service) (Mar. 30, 2020) (Ex. MT-011)/library/MT-011/exhibit/MT-011
Ex. MT-012Directive Implementing Executive Orders 2-2020 and 3-2020 (extending certain Directives through April 24, 2020)Governor Steve BullockApr. 7, 2020Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (extending certain Directives through April 24, 2020) (Apr. 7, 2020) (Ex. MT-012)/library/MT-012/exhibit/MT-012
Ex. MT-013Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing…Governor Steve BullockApr. 22, 2020Governor Steve Bullock, Phase One Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing guidance for the phased reopening of Montana and establishing conditions for Phase One), with Appendix A (Apr. 22, 2020) (Ex. MT-013)/library/MT-013/exhibit/MT-013
Ex. MT-014Phase Two Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two), with AppendicesGovernor Steve BullockMay 19, 2020Governor Steve Bullock, Phase Two Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and establishing conditions for Phase Two), with Appendices (May 19, 2020) (Ex. MT-014)/library/MT-014/exhibit/MT-014
Ex. MT-015Directive implementing Executive Orders 2-2020 and 3-2020 (Phase Two Directive and Appendix B updates)Governor Steve BullockJune 18, 2020Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (Phase Two Directive and Appendix B updates) (June 18, 2020) (Ex. MT-015)/library/MT-015/exhibit/MT-015
Ex. MT-016Face Covering Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the mandatory use of face coverings in certain settings)Governor Steve BullockJuly 15, 2020Governor Steve Bullock, Face Covering Directive (Directive implementing Executive Orders 2-2020 and 3-2020 and providing for the mandatory use of face coverings in certain settings) (July 15, 2020) (Ex. MT-016)/library/MT-016/exhibit/MT-016
Ex. MT-017Directive implementing Executive Orders 2-2020 and 3-2020 (mandatory face coverings in all K-12 schools)Governor Steve BullockAug. 12, 2020Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (mandatory face coverings in all K-12 schools) (Aug. 12, 2020) (Ex. MT-017)/library/MT-017/exhibit/MT-017
Ex. MT-018Directive implementing Executive Orders 2-2020 and 3-2020 (group size; bar and restaurant capacity and hours; statewide face coverings)Governor Steve BullockNov. 17, 2020Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (group size; bar and restaurant capacity and hours; statewide face coverings) (Nov. 17, 2020) (Ex. MT-018)/library/MT-018/exhibit/MT-018
Ex. MT-019Executive Order No. 2-2021Governor Greg GianforteJan. 13, 2021Governor Greg Gianforte, Executive Order No. 2-2021 (Jan. 13, 2021) (Ex. MT-019)/library/MT-019/exhibit/MT-019
Ex. MT-020Directive Implementing Executive Order 2-2021 (Jan. 13, 2021)Governor Greg GianforteJan. 13, 2021Governor Greg Gianforte, Directive Implementing Executive Order 2-2021 (Jan. 13, 2021) (Ex. MT-020)/library/MT-020/exhibit/MT-020
Ex. MT-021Directive Implementing Executive Order 2-2021 (Feb. 12, 2021; rescinding and replacing all prior directives)Governor Greg GianforteFeb. 12, 2021Governor Greg Gianforte, Directive Implementing Executive Order 2-2021 (Feb. 12, 2021; rescinding and replacing all prior directives) (Ex. MT-021)/library/MT-021/exhibit/MT-021
Ex. MT-022Executive Order No. 10-2021Governor Greg GianforteJune 30, 2021Governor Greg Gianforte, Executive Order No. 10-2021 (June 30, 2021) (Ex. MT-022)/library/MT-022/exhibit/MT-022
Ex. MT-023Directive Implementing Executive Orders 2-2020 and 3-2020 (expanded telehealth)Governor Steve BullockMar. 20, 2020Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (expanded telehealth) (Mar. 20, 2020) (Ex. MT-023)/library/MT-023/exhibit/MT-023
Ex. MT-024Directive Implementing Executive Orders 2-2020 and 3-2020 (relief of certain regulatory requirements; commercial carriers)Governor Steve BullockMar. 27, 2020Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (relief of certain regulatory requirements; commercial carriers) (Mar. 27, 2020) (Ex. MT-024)/library/MT-024/exhibit/MT-024
Ex. MT-025Directive Implementing Executive Orders 2-2020 and 3-2020 (childcare designated essential; operating requirements)Governor Steve BullockApr. 1, 2020Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (childcare designated essential; operating requirements) (Apr. 1, 2020) (Ex. MT-025)/library/MT-025/exhibit/MT-025
Ex. MT-026Directive implementing Executive Orders 2-2020 and 3-2020 (state correctional and state-contracted correctional facilities)Governor Steve BullockApr. 1, 2020Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (state correctional and state-contracted correctional facilities) (Apr. 1, 2020) (Ex. MT-026)/library/MT-026/exhibit/MT-026
Ex. MT-027Directive Implementing Executive Orders 2-2020 and 3-2020 (medical marijuana)Governor Steve BullockApr. 1, 2020Governor Steve Bullock, Directive Implementing Executive Orders 2-2020 and 3-2020 (medical marijuana) (Apr. 1, 2020) (Ex. MT-027)/library/MT-027/exhibit/MT-027
Ex. MT-028Directive implementing EOs 2-2020 and 3-2020 (Apr. 2, 2020)Governor Steve BullockApr. 2, 2020Governor Steve Bullock, Directive implementing EOs 2-2020 and 3-2020 (Apr. 2, 2020) (Ex. MT-028)/library/MT-028/exhibit/MT-028
Ex. MT-029DPHHS legal memorandum: Application of March 26, 2020, Directive to craft and hobby storesDPHHS Office of Legal Affairs (Nick Domitrovich, Deputy Chief Legal Counsel; Robert Lishman, Staff Attorney)Apr. 7, 2020DPHHS Office of Legal Affairs (Nick Domitrovich, Deputy Chief Legal Counsel; Robert Lishman, Staff Attorney), DPHHS legal memorandum: Application of March 26, 2020, Directive to craft and hobby stores (Apr. 7, 2020) (Ex. MT-029)/library/MT-029/exhibit/MT-029
Ex. MT-030DPHHS legal memorandum: Application of March 26, 2020, Directive to vaping and tobacco product businessesDPHHS Office of Legal AffairsApr. 9, 2020DPHHS Office of Legal Affairs, DPHHS legal memorandum: Application of March 26, 2020, Directive to vaping and tobacco product businesses (Apr. 9, 2020) (Ex. MT-030)/library/MT-030/exhibit/MT-030
Ex. MT-031Directive implementing Executive Orders 2-2020 and 3-2020 (easing licensing requirements for health care providers)Governor Steve BullockApr. 21, 2020Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (easing licensing requirements for health care providers) (Apr. 21, 2020) (Ex. MT-031)/library/MT-031/exhibit/MT-031
Ex. MT-032Montana Directive of May 7, 2020 (congregate care)Governor Steve BullockMay 7, 2020Governor Steve Bullock, Montana Directive of May 7, 2020 (congregate care) (Ex. MT-032)/library/MT-032/exhibit/MT-032
Ex. MT-033Directive implementing Executive Orders 2-2020 and 3-2020 (expansion of openings under Phase One: gyms, pools, theaters, museums; hotel pools)Governor Steve BullockMay 8, 2020Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (expansion of openings under Phase One: gyms, pools, theaters, museums; hotel pools) (May 8, 2020) (Ex. MT-033)/library/MT-033/exhibit/MT-033
Ex. MT-034Directive implementing Executive Orders 2-2020 and 3-2020 (senior living and assisted living facilities visitation)Governor Steve BullockJune 25, 2020Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (senior living and assisted living facilities visitation) (June 25, 2020) (Ex. MT-034)/library/MT-034/exhibit/MT-034
Ex. MT-035Directive implementing Executive Orders 2-2020 and 3-2020 (nursing homes, skilled nursing facilities, senior and assisted living facilities)Governor Steve BullockJuly 13, 2020Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (nursing homes, skilled nursing facilities, senior and assisted living facilities) (July 13, 2020) (Ex. MT-035)/library/MT-035/exhibit/MT-035
Ex. MT-036Directive implementing Executive Orders 2-2020 and 3-2020 (offsite learning residency requirements)Governor Steve BullockJuly 31, 2020Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (offsite learning residency requirements) (July 31, 2020) (Ex. MT-036)/library/MT-036/exhibit/MT-036
Ex. MT-037Directive implementing Executive Orders 2-2020 and 3-2020 (licensure late fees; pharmacist vaccination; classroom face coverings)Governor Steve BullockAug. 27, 2020Governor Steve Bullock, Directive implementing Executive Orders 2-2020 and 3-2020 (licensure late fees; pharmacist vaccination; classroom face coverings) (Aug. 27, 2020) (Ex. MT-037)/library/MT-037/exhibit/MT-037
Ex. MT-038Governor's letter to the Association of Montana Public Health Officials (AMPHO) clarifying the Phase Two 50-person gathering limitationGovernor Steve BullockSept. 4, 2020Governor Steve Bullock, Governor's letter to the Association of Montana Public Health Officials (AMPHO) clarifying the Phase Two 50-person gathering limitation (Sept. 4, 2020) (Ex. MT-038)/library/MT-038/exhibit/MT-038
Ex. MT-039Directive Implementing Executive Order 2-2021 by modifying state laws to address the consequences of COVID (Jan. 14, 2021)Governor Greg GianforteJan. 14, 2021Governor Greg Gianforte, Directive Implementing Executive Order 2-2021 by modifying state laws to address the consequences of COVID (Jan. 14, 2021) (Ex. MT-039)/library/MT-039/exhibit/MT-039
Ex. MT-040Guidance for Governor's Directive: Businesses that can sell and deliver alcohol for off-premises consumption during state shut downMontana Department of Revenue, Alcoholic Beverage Control DivisionMar. 20, 2020Montana Department of Revenue, Alcoholic Beverage Control Division, Guidance for Governor's Directive: Businesses that can sell and deliver alcohol for off-premises consumption during state shut down (Mar. 20, 2020) (Ex. MT-040)/library/MT-040/exhibit/MT-040
Ex. MT-041Supervisory Memorandum and Order Rescinding Proclamation (branch closure Proclamations of Mar. 13, 2020 and Jan. 15, 2021)Montana Division of Banking and Financial Institutions, Commissioner Melanie G. HallJuly 12, 2021Montana Division of Banking and Financial Institutions, Commissioner Melanie G. Hall, Supervisory Memorandum and Order Rescinding Proclamation (branch closure Proclamations of Mar. 13, 2020 and Jan. 15, 2021) (July 12, 2021) (Ex. MT-041)/library/MT-041/exhibit/MT-041
Ex. MT-042Temporary Emergency Rule I, MAR Notice No. 37-960 (Notice of Adoption of Temporary Emergency Rule)Montana Department of Public Health and Human ServicesAug. 31, 2021Montana Department of Public Health and Human Services, Temporary Emergency Rule I, MAR Notice No. 37-960 (Notice of Adoption of Temporary Emergency Rule) (Aug. 31, 2021) (Ex. MT-042)/library/MT-042/exhibit/MT-042
Ex. MT-043Order of Health Officer (closing bars, brew pubs, wineries and casinos; food service to takeout and delivery)John Felton, Health Officer for City-County of Yellowstone (RiverStone Health)Mar. 16, 2020John Felton, Health Officer for City-County of Yellowstone (RiverStone Health), Order of Health Officer (closing bars, brew pubs, wineries and casinos; food service to takeout and delivery) (Mar. 16, 2020) (Ex. MT-043)/library/MT-043/exhibit/MT-043
Ex. MT-044Order of Health Officer March 20, 2020, Amendment of March 16, 2020 OrderJohn Felton, Health Officer for City-County of YellowstoneMar. 20, 2020John Felton, Health Officer for City-County of Yellowstone, Order of Health Officer March 20, 2020, Amendment of March 16, 2020 Order (Mar. 20, 2020) (Ex. MT-044)/library/MT-044/exhibit/MT-044
Ex. MT-045Order of Health Officer July 3, 2020 (restricting visitors to senior care facilities)John Felton, Health Officer for City-County of YellowstoneJuly 3, 2020John Felton, Health Officer for City-County of Yellowstone, Order of Health Officer July 3, 2020 (restricting visitors to senior care facilities) (Ex. MT-045)/library/MT-045/exhibit/MT-045
Ex. MT-046Order of Health Officer August 18, 2020 (school-sanctioned sports and activities)John Felton, Health Officer for City-County of YellowstoneAug. 18, 2020John Felton, Health Officer for City-County of Yellowstone, Order of Health Officer August 18, 2020 (school-sanctioned sports and activities) (Aug. 18, 2020) (Ex. MT-046)/library/MT-046/exhibit/MT-046
Ex. MT-047Order of Health Officer September 3, 2020 (rescinding the Aug. 18 order; each County school to maintain a COVID-19 Plan)John Felton, Health Officer for City-County of YellowstoneSept. 3, 2020John Felton, Health Officer for City-County of Yellowstone, Order of Health Officer September 3, 2020 (rescinding the Aug. 18 order; each County school to maintain a COVID-19 Plan) (Sept. 3, 2020) (Ex. MT-047)/library/MT-047/exhibit/MT-047
Ex. MT-048Order of Health Officer October 12, 2020 (12:30 a.m. close for bars and restaurants; 25-person gathering cap; masks and distancing required)John Felton, Local Public Health Officer, City-County of YellowstoneOct. 12, 2020John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Health Officer October 12, 2020 (12:30 a.m. close for bars and restaurants; 25-person gathering cap; masks and distancing required) (Oct. 12, 2020) (Ex. MT-048)/library/MT-048/exhibit/MT-048
Ex. MT-049Order of Health Officer October 14, 2020 (amended order)John Felton, Local Public Health Officer, City-County of YellowstoneOct. 14, 2020John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Health Officer October 14, 2020 (amended order) (Oct. 14, 2020) (Ex. MT-049)/library/MT-049/exhibit/MT-049
Ex. MT-050Order of Health Officer November 6, 2020 (extending the Oct. 12 and Oct. 14 orders through Dec. 9, 2020)John Felton, Local Public Health Officer, City-County of YellowstoneNov. 6, 2020John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Health Officer November 6, 2020 (extending the Oct. 12 and Oct. 14 orders through Dec. 9, 2020) (Nov. 6, 2020) (Ex. MT-050)/library/MT-050/exhibit/MT-050
Ex. MT-051Frequently Asked Questions: Yellowstone County Health Officer Order, November 9, 2020RiverStone Health (Yellowstone County health department), explaining the Health Officer Order of Nov. 9, 2020Nov. 9, 2020RiverStone Health (Yellowstone County health department), explaining the Health Officer Order of Nov. 9, 2020, Frequently Asked Questions: Yellowstone County Health Officer Order, November 9, 2020 (Nov. 9, 2020) (Ex. MT-051)/library/MT-051/exhibit/MT-051
Ex. MT-052Order of Health Officer November 19, 2020 (25-person cap; 10 p.m. to 4 a.m. closure of all places of assembly; 50 percent capacity; congregate care order…John Felton, Local Public Health Officer, City-County of YellowstoneNov. 19, 2020John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Health Officer November 19, 2020 (25-person cap; 10 p.m. to 4 a.m. closure of all places of assembly; 50 percent capacity; congregate care order continued) (Nov. 19, 2020) (Ex. MT-052)/library/MT-052/exhibit/MT-052
Ex. MT-053Amended Order of Local Public Health Officer December 10, 2020John Felton, Local Public Health Officer, City-County of YellowstoneDec. 10, 2020John Felton, Local Public Health Officer, City-County of Yellowstone, Amended Order of Local Public Health Officer December 10, 2020 (Dec. 10, 2020) (Ex. MT-053)/library/MT-053/exhibit/MT-053
Ex. MT-054Order of Health Officer January 7, 2021 (rescinding all prior local public health officer orders)John Felton, Local Public Health Officer, City-County of YellowstoneJan. 7, 2021John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Health Officer January 7, 2021 (rescinding all prior local public health officer orders) (Jan. 7, 2021) (Ex. MT-054)/library/MT-054/exhibit/MT-054
Ex. MT-055Letter from the Chief Justice to Montana Courts of Limited Jurisdiction Judges (release of jail populations; remote hearings)Chief Justice Mike McGrath, Supreme Court of MontanaMar. 20, 2020Chief Justice Mike McGrath, Supreme Court of Montana, Letter from the Chief Justice to Montana Courts of Limited Jurisdiction Judges (release of jail populations; remote hearings) (Mar. 20, 2020) (Ex. MT-055)/library/MT-055/exhibit/MT-055
Ex. MT-056Order, In the Matter of the Statewide Response by Montana State Courts to the COVID-19 Public Health EmergencySupreme Court of the State of Montana (by the Chief Justice)Mar. 27, 2020Supreme Court of the State of Montana (by the Chief Justice), Order, In the Matter of the Statewide Response by Montana State Courts to the COVID-19 Public Health Emergency (Mar. 27, 2020) (Ex. MT-056)/library/MT-056/exhibit/MT-056
Ex. MT-057Memorandum of the Chief Justice, April 22, 2020 (extending the March 27 Order to May 4, 2020)Chief Justice Mike McGrath, Supreme Court of MontanaApr. 22, 2020Chief Justice Mike McGrath, Supreme Court of Montana, Memorandum of the Chief Justice, April 22, 2020 (extending the March 27 Order to May 4, 2020) (Apr. 22, 2020) (Ex. MT-057)/library/MT-057/exhibit/MT-057
Ex. MT-058Revised Memorandum of the Chief Justice, April 27, 2020 (court practices after May 4, 2020)Chief Justice Mike McGrath, Supreme Court of MontanaApr. 27, 2020Chief Justice Mike McGrath, Supreme Court of Montana, Revised Memorandum of the Chief Justice, April 27, 2020 (court practices after May 4, 2020) (Apr. 27, 2020) (Ex. MT-058)/library/MT-058/exhibit/MT-058
Ex. MT-059Letter of the Chief Justice, May 22, 2020 (Phase Two court practices; eviction guidance)Chief Justice Mike McGrath, Supreme Court of MontanaMay 22, 2020Chief Justice Mike McGrath, Supreme Court of Montana, Letter of the Chief Justice, May 22, 2020 (Phase Two court practices; eviction guidance) (Ex. MT-059)/library/MT-059/exhibit/MT-059
Ex. MT-060Memorandum of the Chief Justice, December 21, 2020: Updated Judicial Branch Covid-19 ProtocolsChief Justice Mike McGrath, Supreme Court of MontanaDec. 21, 2020Chief Justice Mike McGrath, Supreme Court of Montana, Memorandum of the Chief Justice, December 21, 2020: Updated Judicial Branch Covid-19 Protocols (Dec. 21, 2020) (Ex. MT-060)/library/MT-060/exhibit/MT-060
Ex. MT-061Memorandum of the Chief Justice, May 17, 2021: Updated Judicial Branch Covid-19 ProtocolsChief Justice Mike McGrath, Supreme Court of MontanaMay 17, 2021Chief Justice Mike McGrath, Supreme Court of Montana, Memorandum of the Chief Justice, May 17, 2021: Updated Judicial Branch Covid-19 Protocols (Ex. MT-061)/library/MT-061/exhibit/MT-061
Ex. MT-062Order of Health Officer HO-2020-001 (closure of bars, brew pubs, wineries, distilleries with tasting rooms and casinos; restaurant dining rooms closed)Matt Kelley, Health Officer, Gallatin City-County Health DepartmentMar. 16, 2020Matt Kelley, Health Officer, Gallatin City-County Health Department, Order of Health Officer HO-2020-001 (closure of bars, brew pubs, wineries, distilleries with tasting rooms and casinos; restaurant dining rooms closed) (Mar. 16, 2020) (Ex. MT-062)/library/MT-062/exhibit/MT-062
Ex. MT-063Amendments to Emergency Health Rule Relating to COVID-19, EHR-2020-001 (closures expanded and extended)Gallatin City-County Board of HealthMar. 26, 2020Gallatin City-County Board of Health, Amendments to Emergency Health Rule Relating to COVID-19, EHR-2020-001 (closures expanded and extended) (Mar. 26, 2020) (Ex. MT-063)/library/MT-063/exhibit/MT-063
Ex. MT-064Order of Health Officer HO-2020-002, Quarantine and IsolationMatt Kelley, Health Officer, Gallatin City-County Health DepartmentApr. 7, 2020Matt Kelley, Health Officer, Gallatin City-County Health Department, Order of Health Officer HO-2020-002, Quarantine and Isolation (Apr. 7, 2020) (Ex. MT-064)/library/MT-064/exhibit/MT-064
Ex. MT-065Amended Emergency Local Health Rule Relating to COVID-19, EHR-2020-001-A, Establishment Restrictions (closures extended through April 24, 2020)Gallatin City-County Board of HealthApr. 15, 2020Gallatin City-County Board of Health, Amended Emergency Local Health Rule Relating to COVID-19, EHR-2020-001-A, Establishment Restrictions (closures extended through April 24, 2020) (Apr. 15, 2020) (Ex. MT-065)/library/MT-065/exhibit/MT-065
Ex. MT-066Emergency Local Health Rule Relating to COVID-19, EHR-2020-002, Quarantine and IsolationGallatin City-County Board of HealthApr. 15, 2020Gallatin City-County Board of Health, Emergency Local Health Rule Relating to COVID-19, EHR-2020-002, Quarantine and Isolation (Apr. 15, 2020) (Ex. MT-066)/library/MT-066/exhibit/MT-066
Ex. MT-067Amended Emergency Local Health Rule Relating to COVID-19, EHR-2020-001-B, Establishment Restrictions (closures extended through April 30, 2020)Gallatin City-County Board of HealthApr. 23, 2020Gallatin City-County Board of Health, Amended Emergency Local Health Rule Relating to COVID-19, EHR-2020-001-B, Establishment Restrictions (closures extended through April 30, 2020) (Apr. 23, 2020) (Ex. MT-067)/library/MT-067/exhibit/MT-067
Ex. MT-068Emergency Local Health Rule Relating to COVID-19, EHR-2020-003, Phased Reopening: Phase OneGallatin City-County Board of Health (Becky Franks, Chair)May 1, 2020Gallatin City-County Board of Health (Becky Franks, Chair), Emergency Local Health Rule Relating to COVID-19, EHR-2020-003, Phased Reopening: Phase One (May 1, 2020) (Ex. MT-068)/library/MT-068/exhibit/MT-068
Ex. MT-069Order of Health Officer HO-2020-003, Phased Reopening: Phase OneMatt Kelley, Health Officer, Gallatin City-County Health DepartmentMay 1, 2020Matt Kelley, Health Officer, Gallatin City-County Health Department, Order of Health Officer HO-2020-003, Phased Reopening: Phase One (May 1, 2020) (Ex. MT-069)/library/MT-069/exhibit/MT-069
Ex. MT-070Board of Health Meeting Minutes, January 6, 2021 (continuing the Board's Oct. 28, 2020 Order and the Health Officer's Nov. 20, 2020 Order)Cascade City-County Board of Health (record of Board action; Trisha Gardner, Public Health Officer)Jan. 6, 2021Cascade City-County Board of Health (record of Board action; Trisha Gardner, Public Health Officer), Board of Health Meeting Minutes, January 6, 2021 (continuing the Board's Oct. 28, 2020 Order and the Health Officer's Nov. 20, 2020 Order) (Jan. 6, 2021) (Ex. MT-070)/library/MT-070/exhibit/MT-070
Ex. MT-071DPHHS letter to providers: scope of the HB 702 Section 2 exemption for licensed nursing homes, long-term care and assisted living facilitiesMontana Department of Public Health and Human Services, Director's Office (Adam Meier, Director)July 28, 2021Montana Department of Public Health and Human Services, Director's Office (Adam Meier, Director), DPHHS letter to providers: scope of the HB 702 Section 2 exemption for licensed nursing homes, long-term care and assisted living facilities (July 28, 2021) (Ex. MT-071)/library/MT-071/exhibit/MT-071
Ex. MT-072House Bill 702 (2021), An Act Prohibiting Discrimination Based on a Person's Vaccination Status or Possession of an Immunity Passport, codified at Mont. Code…Montana Legislature (67th), HB 702, approved by Governor Gianforte May 7, 2021; 2021 Mont. Laws ch. 418May 7, 2021Montana Legislature (67th), HB 702, approved by Governor Gianforte May 7, 2021; 2021 Mont. Laws ch. 418, House Bill 702 (2021), An Act Prohibiting Discrimination Based on a Person's Vaccination Status or Possession of an Immunity Passport, codified at Mont. Code Ann. 49-2-312 (May 7, 2021) (Ex. MT-072)/library/MT-072/exhibit/MT-072
Ex. MT-073Mont. Code Ann. 50-2-116, Powers and duties of local boards of health, as amended in 2021 (HB 121: governing-body control of emergency health orders; HB 257…Montana Legislature (67th): HB 121 (approved Apr. 16, 2021) and HB 257 (approved May 7, 2021 after an amendatory veto); codified at Mont. Code Ann. 50-2-116(4)-(9) (amd. Sec. 4, Ch. 324, L. 2021; amd. Sec. 8, Ch. 408, L. 2021)May 7, 2021Montana Legislature (67th): HB 121 (approved Apr. 16, 2021) and HB 257 (approved May 7, 2021 after an amendatory veto); codified at Mont. Code Ann. 50-2-116(4)-(9) (amd. Sec. 4, Ch. 324, L. 2021; amd. Sec. 8, Ch. 408, L. 2021), Mont. Code Ann. 50-2-116, Powers and duties of local boards of health, as amended in 2021 (HB 121: governing-body control of emergency health orders; HB 257: local rules may not compel businesses to deny customer access) (May 7, 2021) (Ex. MT-073)/library/MT-073/exhibit/MT-073
Ex. MT-074Order of Local Public Health Officer, October 26, 2020 (Congregate Care)John Felton, Local Public Health Officer, City-County of YellowstoneOct. 26, 2020John Felton, Local Public Health Officer, City-County of Yellowstone, Order of Local Public Health Officer, October 26, 2020 (Congregate Care) (Oct. 26, 2020) (Ex. MT-074)/library/MT-074/exhibit/MT-074
Ex. MT-075Emergency Health Rule EHR-2020-001 (closure of bars, brew pubs, casinos and restaurant dining rooms extended to Apr. 3, 2020 and expanded to gyms, fitness…Gallatin City-County Board of HealthMar. 18, 2020Gallatin City-County Board of Health, Emergency Health Rule EHR-2020-001 (closure of bars, brew pubs, casinos and restaurant dining rooms extended to Apr. 3, 2020 and expanded to gyms, fitness facilities, athletic centers, workout studios, paintball parlors, ice rinks, indoor climbing, trampoline parks, indoor sporting arenas, cinemas and theatres) (Mar. 18, 2020) (Ex. MT-075)/library/MT-075
Ex. MT-076Emergency face covering rule (countywide mask mandate), adopted July 2020; extended Jan. 20, 2021 (to Apr. 20, 2021) and April 2021 (to May 27, 2021)…Gallatin City-County Board of Health; Matt Kelley, Health OfficerJuly 17, 2020Gallatin City-County Board of Health; Matt Kelley, Health Officer, Emergency face covering rule (countywide mask mandate), adopted July 2020; extended Jan. 20, 2021 (to Apr. 20, 2021) and April 2021 (to May 27, 2021); enforcement lifted by the Health Officer May 14, 2021 (July 17, 2020) (Ex. MT-076)/library/MT-076
Ex. MT-077Phase Two reopening emergency rule (bars, restaurants, casinos, breweries and distilleries closing at 10 p.m.; 50 percent capacity), as amended April 2021…Gallatin City-County Board of HealthApr. 19, 2021Gallatin City-County Board of Health, Phase Two reopening emergency rule (bars, restaurants, casinos, breweries and distilleries closing at 10 p.m.; 50 percent capacity), as amended April 2021 (eight per table; bar-stool spacing 3 feet), and Board action removing the enforcement mechanism of the Quarantine and Isolation Rule and the nursing-home visitation rules (April 2021) (Apr. 19, 2021) (Ex. MT-077)/library/MT-077
Ex. MT-078Health Officer Order closing bars and prohibiting dine-in restaurant service (drive-through, takeout and delivery permitted)Ellen Leahy, Health Officer, Missoula City-County Health DepartmentMar. 16, 2020Ellen Leahy, Health Officer, Missoula City-County Health Department, Health Officer Order closing bars and prohibiting dine-in restaurant service (drive-through, takeout and delivery permitted) (Mar. 16, 2020) (Ex. MT-078)/library/MT-078
Ex. MT-079Countywide face covering rule (masks in all indoor public spaces and businesses; employers to enforce)Missoula City-County Board of Health; Ellen Leahy, Health OfficerJuly 9, 2020Missoula City-County Board of Health; Ellen Leahy, Health Officer, Countywide face covering rule (masks in all indoor public spaces and businesses; employers to enforce) (July 9, 2020) (Ex. MT-079)/library/MT-079
Ex. MT-080Missoula County bar and restaurant restrictions: 50 percent capacity and eight per table (October 2020); 10 p.m. closing (December 2020); Board revision of Jan.…Missoula City-County Board of Health; Ellen Leahy, Health OfficerJan. 21, 2021Missoula City-County Board of Health; Ellen Leahy, Health Officer, Missoula County bar and restaurant restrictions: 50 percent capacity and eight per table (October 2020); 10 p.m. closing (December 2020); Board revision of Jan. 21, 2021 (effective Jan. 22, 2021: capacity cap removed, 2 a.m. closing, eight per table, table service only, six-foot spacing, gaming machines spaced, masks except while eating or drinking) (Ex. MT-080)/library/MT-080
Ex. MT-081Board of Health revision of COVID-19 mitigation requirements (Feb. 18, 2021): mask mandate retained; event capacities raised from 25 to 50 indoor and 100…Missoula City-County Board of Health; Ellen Leahy, Health OfficerFeb. 18, 2021Missoula City-County Board of Health; Ellen Leahy, Health Officer, Board of Health revision of COVID-19 mitigation requirements (Feb. 18, 2021): mask mandate retained; event capacities raised from 25 to 50 indoor and 100 outdoor; general business capacity limits removed except where needed for distancing; fitness facilities, pools, worship, personal care, restaurants and bars permitted with modifications (Ex. MT-081)/library/MT-081
Ex. MT-082Rescission of the Missoula County mask mandate (masks recommended in five settings)Ellen Leahy, Health Officer, Missoula City-County Health Department (under the Board's April 2021 direction)May 10, 2021Ellen Leahy, Health Officer, Missoula City-County Health Department (under the Board's April 2021 direction), Rescission of the Missoula County mask mandate (masks recommended in five settings) (May 10, 2021) (Ex. MT-082)/library/MT-082
Ex. MT-083Board of Health Order of Oct. 28, 2020 (effective Nov. 1, 2020): gatherings capped at 50; bars, restaurants, casinos, gyms, movie theaters at 50 percent…Cascade City-County Board of HealthOct. 28, 2020Cascade City-County Board of Health, Board of Health Order of Oct. 28, 2020 (effective Nov. 1, 2020): gatherings capped at 50; bars, restaurants, casinos, gyms, movie theaters at 50 percent capacity; places of worship 75 percent; 12:30 a.m. closing unchanged (Ex. MT-083)/library/MT-083
Ex. MT-084Order of Health Officer of Nov. 20, 2020 (mirroring the Governor's Nov. 17 Directive: gatherings 25 without distancing / 50 with distancing; 50 percent…Trisha Gardner, Public Health Officer, Cascade City-County Health Department; Board of Health (Jan. 20, 2021 amendments)Nov. 20, 2020Trisha Gardner, Public Health Officer, Cascade City-County Health Department; Board of Health (Jan. 20, 2021 amendments), Order of Health Officer of Nov. 20, 2020 (mirroring the Governor's Nov. 17 Directive: gatherings 25 without distancing / 50 with distancing; 50 percent capacity; 10 p.m. closing; masks and distancing required of all businesses), continued Jan. 6, 2021 and loosened effective 5:00 a.m. Jan. 22, 2021 (75 percent capacity; 12:30 a.m. to 4 a.m. closure; events of 250 indoor / 500 outdoor with approved plans; gathering caps and masks retained) until the case rate is at or below 25 per 100,000 for four consecutive weeks (Ex. MT-084)/library/MT-084
Ex. MT-085County COVID-19 emergency declaration of March 13, 2020 (rescinded July 2021) and county public health rules (masks; gathering limits) tightened January 2021…Lewis and Clark County Commissioners; Lewis and Clark City-County Board of Health and Health OfficerMar. 13, 2020Lewis and Clark County Commissioners; Lewis and Clark City-County Board of Health and Health Officer, County COVID-19 emergency declaration of March 13, 2020 (rescinded July 2021) and county public health rules (masks; gathering limits) tightened January 2021 and no longer enforced after HB 257 (May 2021) (Mar. 13, 2020) (Ex. MT-085)/library/MT-085
Ex. MT-087Senate Bill 65 (2021): COVID-19 civil liability protections for businesses, health care providers, nonprofit organizations and places of worship that take…Montana Legislature (67th), Senate Bill 65, signed by Governor Gianforte Feb. 10, 2021Feb. 10, 2021Montana Legislature (67th), Senate Bill 65, signed by Governor Gianforte Feb. 10, 2021, Senate Bill 65 (2021): COVID-19 civil liability protections for businesses, health care providers, nonprofit organizations and places of worship that take measures to protect individuals from COVID-19 and follow public health guidance (Feb. 10, 2021) (Ex. MT-087)/library/MT-087
Ex. MT-088School district mask requirements for the 2021-22 school year (Missoula, Bozeman, Helena, Billings, Whitefish)Boards of Trustees of the named school districtsAug. 31, 2021Boards of Trustees of the named school districts, School district mask requirements for the 2021-22 school year (Missoula, Bozeman, Helena, Billings, Whitefish) (Aug. 31, 2021) (Ex. MT-088)/library/MT-088/exhibit/MT-088
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=MT&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.