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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Utah

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 390 instruments cited; 381 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=UT&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 Utah 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=UT&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)

Utah, first day (Apr. 1, 2020): State of emergency (EO 2020-1, UT-001, extended by HJR 24, UT-063); Stay Safe, Stay Home Directive in force through Apr. 13 (UT-004); UDOH order closing all food-service establishments to dine-in and requiring compliance with isolation/quarantine notices (Apr. 1 order, UT-005); UPHO 2020-03 postponing all elective surgeries and procedures (UT-003); Supreme Court order continuing non-emergency matters and moving hearings remote (UT-047); K-12 soft closure (announced Mar. 13, extended Mar. 23 to May 1); Insurance Bulletins 2020-2 and 2020-3 (UT-061, UT-057); county stay-home orders in Wasatch (eff. Apr. 1, UT-055), Weber-Morgan (eff. Apr. 2, UT-054), Davis (eff. 11:59 p.m. Apr. 1), Salt Lake County and Summit County (metro); Southeast Utah lodging closure (Mar. 17 order, recited in UT-056).

Utah, last day (June 30, 2020): State of emergency extended to Aug. 20 (HJR 504, UT-062); EO 2020-31 (June 12) in force: Yellow statewide with Salt Lake City in Orange and Kane County Green, 'shall comply with' the Phased Guidelines v4.6 (UT-017); face coverings required in every State facility from June 29 (EO 2020-34, UT-018); Supreme Court order of June 26, 2020 (jury trials suspended pending approved local plans; remote hearings default); EO 2020-21 DABC suspension (UT-058); EO 2020-7 telehealth suspension (UT-059); Salt Lake County mask order eff. June 27 (metro).

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)

Utah, first day (July 1, 2020): As of June 30 plus EO 2020-34 face coverings in State facilities (UT-018); Salt Lake City Orange; K-12 schools closed for the 2019-20 year; Supreme Court order of June 26, 2020.

Utah, last day (Sept. 30, 2020): EO 2020-63 state of emergency (Sept. 19 - Oct. 20, UT-024); UPHO 2020-14 (eff. Sept. 23 - Oct. 23): Orange in Provo and Orem, Green in listed rural counties, Yellow elsewhere, 'each person... shall comply with' the Phased Guidelines (UT-023); UPHO 2020-12 face coverings in State facilities through Oct. 19 (UT-060); UPHO 2020-11 v.2 K-12 face coverings through Dec. 31 (successor to UT-019); local mask mandates authorized on notice (EO 2020-50 sec. 5, UT-021); Salt Lake, Summit and Grand County mask orders (metro/local); Supreme Court order of June 26, 2020 (Red phase statewide; jury trials suspended).

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)

Utah, first day (Oct. 1, 2020): As of Sept. 30 (EO 2020-63; UPHO 2020-14; UPHO 2020-12; UPHO 2020-11 v.2); Supreme Court order of Oct. 2, 2020 followed.

Utah, last day (Dec. 31, 2020): UDOH statewide public health emergency (UPHO 2020-17, UT-025); UPHO 2020-27 (eff. Dec. 18 - Jan. 21, 2021): statewide mask mandate indoors and outdoors within six feet, business duty to require employee masks and post signage, High Transmission counties six feet between parties, Moderate counties bars at 75 percent and six-foot waiting areas, high-school athletics testing, higher-education weekly testing (UT-034); UPHO 2020-28 K-12 masks (UT-035); Supreme Court order of Dec. 31, 2020 (Red phase default; no jury trials in Red; remote hearings) (UT-049); Governor's state of emergency (EO 2020-72) lapsed Dec. 8, 2020.

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)

Utah, first day (Jan. 1, 2021): As of Dec. 31, 2020 (UPHO 2020-17, 2020-27, 2020-28; Supreme Court order of Dec. 31, 2020).

Utah, last day (Mar. 31, 2021): UPHO 2021-9 (Mar. 26 - Apr. 9): statewide mask mandate, business mask and signage duties, Transmission Index party spacing and bar occupancy rules, school and athletics rules (UT-039); UPHO 2021-2 K-12 masks through June 15 (UT-036); UPHO 2021-4 State Capitol restrictions (Jan. 25 - Mar. 5, expired); HB 294 signed Mar. 24 (mask mandate to end Apr. 10) (UT-040); SB 195 signed Mar. 24 (eff. May 5) (UT-041); SB 107 Test to Stay in force from Mar. 24 (UT-046); Supreme Court order of Dec. 31, 2020 (UT-049).

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)

Utah, first day (Apr. 1, 2021): UPHO 2021-9 statewide mask mandate and business restrictions through Apr. 9 (UT-039); UPHO 2021-2 school masks (UT-036); UDOH public health emergency (UT-025); Supreme Court order of Dec. 31, 2020 (UT-049); HB 294 and SB 195 enacted.

Utah, last day (June 30, 2021): General restrictions ended May 4, 2021 (UPHO 2021-11, UT-043); K-12 order (UPHO 2021-12, UT-044) expired with the school year; HB 1007 in force from May 28 (UT-045); UDOH public health emergency declaration continuing (UPHO 2020-17); Supreme Court order of June 3, 2021: all courts may operate in Yellow from June 7 with approved plans, in-person hearings and jury trials resuming with priority (UT-050); SB 195 order-of-constraint regime in force from May 5; Test to Stay statute (UT-046).

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)

Utah, first day (July 1, 2021): UDOH statewide public health emergency declaration (UPHO 2020-17, UT-025); Supreme Court order of June 3, 2021 (Yellow phase; Red/Yellow directives) (UT-050); Test to Stay statute 53G-9-210 (UT-046); HB 1007 (UT-045); SB 195 regime (UT-041); federal layer.

Utah, last day (Sept. 30, 2021): As of July 1 plus the Judicial Council courthouse mask mandate from July 30 in moderate and high transmission counties (UT-051), the appellate courts' suspension of in-person oral arguments and committee meetings through Sept. 30, 2021 (UT-052), and the Supreme Court and Judicial Council order of Sept. 17, 2021 (mask mandate incorporated; all courts in Yellow phase; Red/Yellow directives) (UT-053); Grand County K-6 mask order (Southeast Utah Health Department, eff. Aug. 19, 2021, 30 days, county commission approval); Summit County elementary (Aug. 21) and middle-school (Sept.) mask orders and Salt Lake City school mask proclamation (Aug. 20) (SLC metro file); Test to Stay events at schools reaching the case threshold (Sept. 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 Utah2913181113863
Agencies, boards and authorities3343225
Standing duties42485247504566
All layers253227234236230222464

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 Utah

Ex. UT-004
The Governor's Coronavirus Directive for Utah, "Stay Safe, Stay Home"

Directive to the State of Utah: Stay Safe, Stay Home

Governor Gary R. Herbert, Utah (State)

Dates
In force from Mar. 27, 2020 to Apr. 13, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering capTravel and quarantineSchools and child careWorkplace rulesQuarantine and isolation
Functions reached
OF/OP office and telework (telework mandate for all work that can be done from home); CB customer base under stay-home; GATH gatherings of any size barred; WF workforce (schools closed; quarantine after travel or exposure); TR travel (essential only; State parks limited to home county); SF sales floor (essential shopping only); DR dining (carryout or delivery only)
Grade
Primary source read
Days in this quarter
18

I expect all Utah residents and businesses to follow these directives.... These directives establish minimum statewide standards. After consultation with, and consent of the State, local authorities may impose more stringent directives and orders... These directives are not to be confused with a shelter-in-place order.... All individuals 1. Stay at home as much as possible. 2. Work from home whenever possible.... 4. Self-quarantine for 14 days after traveling or being exposed... 5.... d. not attending any gathering of any number of people, except for members of the same household or residence.... Food Directives 1. Do not dine out except for carryout or delivery.... Travel 1. Limit travel only to essential travel.... Directives for For-Profit and Nonprofit Organizations... effective at 12:01 a.m. on March 30, 2020.... 3. Encourage and enable employees and volunteers to telework from…

Enforcement: Directive (the Governor 'expect[s] all Utah residents and businesses to follow these directives'); the UDOH orders of Apr. 1 and Apr. 14, 2020 recite it as the basis of State and local 'guidelines and orders'; the Wasatch, Weber-Morgan, Davis and Salt Lake County health departments issued mandatory orders implementing it

Citation: Governor Gary R. Herbert, The Governor's Coronavirus Directive for Utah, "Stay Safe, Stay Home" (Mar. 27, 2020) (Ex. UT-004) Open the exhibit

Ex. UT-055
Wasatch County Health Department Stay Safe Stay Home Order (with press release of March 30, 2020)

Wasatch County Issues Health Order: Stay Safe Stay Home

Randall Probst, Wasatch County Health Officer, with the Wasatch County Board of Health and County Council, Wasatch County, Utah (County)

Dates
In force from Apr. 1, 2020 to Apr. 14, 2020 (issued Mar. 30, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering capWorkplace rules
Functions reached
CB stay-home; SF non-essential businesses closed to the public; OF; WF; JS construction trades essential with conditions; PF manufacturing essential with conditions; LG hotels essential with conditions
Grade
Primary source read
Days in this quarter
14

1. Directs all individuals to stay home except to engage in essential activities, which includes going to work under the conditions outlined in the order. 2. Matches earlier county and state public health orders regarding food service operations. 3. All business and operations, except essential businesses, and minimum basic operations are closed to the public, except as detailed in the order. 4. Requires businesses to actively enforce personal distancing practices and exclude ill employees from working... 5. Defines essential businesses [grocery, pharmacies, gas stations, automotive supply and repair, pet supply and veterinary, food pantries, religious institutions and charitable services, childcare centers, insurance, legal, real estate and accounting service providers, hardware stores, building and construction trades, banks, mail and logistics, food and beverage production…

Enforcement: Utah Code 26A-1-114 local public health order; compliance call-in line

Citation: Randall Probst, Wasatch County Health Officer, with the Wasatch County Board of Health and County Council, Wasatch County Health Department Stay Safe Stay Home Order (with press release of March 30, 2020) (Mar. 30, 2020) (Ex. UT-055) Open the exhibit

Ex. UT-054
Public Health Order (Stay Safe, Stay Home), Weber-Morgan Health Department

Public Health Order, Weber-Morgan Health Department, Weber and Morgan Counties, Utah

Brian Bennion, Weber-Morgan Health Officer, Weber-Morgan Health Department, Weber and Morgan Counties, Utah (County)

Dates
In force from Apr. 2, 2020 to Apr. 16, 2020 (issued Apr. 1, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering capWorkplace rulesQuarantine and isolation
Functions reached
CB stay-home; GATH all gatherings outside household barred; SL salons, barbers, spas closed; FC gyms, theaters, bowling, recreation closed; DR dine-in closed (food service section mirrors the State order); OF telework; WF
Grade
Primary source read
Days in this quarter
15

All individuals present within Weber and Morgan Counties are directed to stay safe at home or their place of residence to the greatest extent possible. All public and private gatherings of any number of people that are not part of a single household or living unit are prohibited, except for the limited purposes permitted by this Order.... Work from home whenever possible.... The following facilities shall be closed beginning April 2, 2020, at 11:59 p.m., based on their nonessential nature and their inability to observe the social distancing necessary to slow the spread of COVID-19: Places of public amusement and activity, whether indoors or outdoors, including: amusement parks,... bowling alleys, movie and other theaters, concert and musical halls or venues, recreation centers, social clubs, and gyms and fitness centers. Salons and spas, including: hair salons, barber shops, nail salons…

Enforcement: Sec. 10: 'repeat or egregious offenders may be cited and charged. While penalties outlined by state code for violating a local public health order classify the offense as a misdemeanor (class B for the initial offense, class A for repeat offenses), the Health Department has asked local municipalities to enforce the public health order initially via warnings rather than citations.'

Citation: Brian Bennion, Weber-Morgan Health Officer, Weber-Morgan Health Department, Public Health Order (Stay Safe, Stay Home), Weber-Morgan Health Department (Apr. 1, 2020) (Ex. UT-054) Open the exhibit

Ex. UT-012
Executive Order 2020-19

Moving the State COVID-19 Public Health Risk Status From Red (High Risk) to Orange (Moderate Risk)

Governor Gary R. Herbert, Utah (State)

Dates
In force from May 1, 2020 to May 15, 2020 (issued Apr. 29, 2020)
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careWorkplace rules
Functions reached
DR dining (dine-in under Orange conditions); SF retail distancing and capacity; SL personal services reopening under conditions; FC gyms and fitness; GATH social interaction in groups of 20 or fewer; SCH schools closed in Orange; OF employer precautions and remote work; MASK employee face coverings ordered; TRAV 14-day quarantine after high-risk travel
Grade
Primary source read
Days in this quarter
15

1. The Utah COVID-19 Public Health Risk Status is moved from Red (High Risk) to Orange (Moderate Risk). 2. Except as provided in Section 5, individuals and businesses in Utah shall comply with the Orange (Medium Risk) provisions of the Phased Guidelines.... 4. A political subdivision desiring an exception to this Order or the Phased Guidelines shall submit the request and justification for the request through the applicable Local Health Department to the Utah Department of Health.... 5. Any reference in the Phased Guidelines to the use of a mask or face covering is adopted: a. as an order with respect to: i. each individual acting in the capacity as an employee of a business; and ii. each individual in a healthcare setting; and b. as a strong recommendation with respect to any individual not identified in Subsection (5)(a). 6. The Governor's "Stay Safe, Stay Home" Directive, issued on…

Enforcement: Utah Code 53-2a-209(1): orders under the Act 'have the "full force and effect of law"'

Citation: Governor Gary R. Herbert, Executive Order 2020-19 (Apr. 29, 2020) (Ex. UT-012) Open the exhibit

Ex. UT-013
Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation, Version 4.1 (5/6/2020)

Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation, Version 4.1

Utah Department of Health (Phased Guidelines adopted and made mandatory by EO 2020-20, May 6, 2020, and successors), Utah (State)

Dates
In force from May 6, 2020 to Aug. 14, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Functions reached
DR; BA; SF; SL; FC; LG; MC; EV; GATH; SCH; OF; TR; WF
Grade
Primary source read
Days in this quarter
56 (in force on the last day)

[Overview by level] Red: 'Leave home infrequently'; 'Schools closed'; restaurants 'Takeout, curbside pickup or delivery only'; hospitality 'Limited operations of this industry'; 'Swimming pools, gyms and fitness centers closed'. Orange: 'social interactions in groups of 20 or fewer'; 'Schools closed'; 'Dine-in services allowable with extreme' precautions; 'Limit out-of-state travel, quarantine 14 days upon return from high-risk areas'. Yellow: 'social interactions in groups 50 or fewer'; 'Employers exercise discretion with remote work'; 'Schools open'. Retail (Red): occupancy such that six feet 'can be easily maintained (1 person per 100 square feet)'; 'Both customers and employees wear face coverings'.

Enforcement: Binding through the executive orders that adopt it; face-covering references adopted 'as an order' for employees (EO 2020-19 sec. 5)

Citation: Utah Department of Health (Phased Guidelines adopted and made mandatory by EO 2020-20, May 6, 2020, and successors), Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation, Version 4.1 (5/6/2020) (May 6, 2020) (Ex. UT-013) Open the exhibit

Ex. UT-015
Executive Order 2020-22

Moving the Utah COVID-19 Public Health Risk Status to Yellow With Certain Exceptions

Governor Gary R. Herbert, Utah (State)

Dates
In force from May 16, 2020 to May 29, 2020 (issued May 15, 2020)
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering capFace-covering requirementSchools and child careWorkplace rules
Functions reached
GATH groups of 50 (Yellow) or 20 (Orange); DR; SF; SL; FC; EV; OF; MASK employees
Grade
Primary source read
Days in this quarter
14

2. The Utah COVID-19 Public Health Risk Status is: a. Orange (Moderate Risk) in Grand County, Summit County, Wasatch County, Salt Lake City, West Valley City, and Magna metro township; and b. Yellow (Low Risk) in all other areas of the State... 3.... a. An individual or business in an area identified in Subsection (2)(a) shall comply with the Orange (Moderate Risk) provisions of the Phased Guidelines; b. An individual or business in an area identified in Subsection (2)(b) shall comply with the Yellow (Low Risk) provisions of the Phased Guidelines; c.... any reference in the Phased Guidelines to the use of a mask or face covering is adopted: [as an order for] each individual acting in the capacity as an employee of a business when the individual is unable to [maintain distance]...

Enforcement: Utah Code 53-2a-209(1)

Citation: Governor Gary R. Herbert, Executive Order 2020-22 (May 15, 2020) (Ex. UT-015) Open the exhibit

Ex. UT-002
State Public Health Order (statewide restrictions on food service establishments; long-term care access) of March 21, 2020, superseding the order of March 17, 2020

State Public Health Order

Joseph K. Miner, M.D., Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Mar. 21, 2020 to Apr. 1, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capHealth care ordersWorkplace rules
Functions reached
DR dining room closed; BA bar service closed; TO takeout by remote order only; CB customer base (public barred from premises); VS long-term care visitation under CMS restrictions; WF (employee symptom exclusion)
Grade
Primary source read
Days in this quarter
12

1. Restaurants, Bars, and Taverns. Effective immediately, all food service, restaurants, self-serve buffets, salad bars, unpackaged self-serve food services, bars, taverns, nightclubs, private liquor clubs, and saloons in the state of Utah (hereinafter, "food service establishments") shall immediately close to members, guests, patrons, customers, and the general public.... a. Dine-in food service, whether inside or outside a food service establishment, is prohibited. b. Take-out food service is permitted only if the food order is placed remotely by electronic means such as by internet or phone app or by telephone. A take-out food order may not be placed inside the food service establishment.... 2. Access to long-term care facilities shall be governed by the guidance issued by the Centers for Medicare and Medicaid Services, Center for Clinical Standards and Quality.

Enforcement: "the Department or the Local Health Authority shall immediately close all business activity at any establishment that knowingly violates any provision of this Order or an Order of the Local Health Authority"

Citation: Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order (statewide restrictions on food service establishments; long-term care access) of March 21, 2020, superseding the order of March 17, 2020 (Mar. 21, 2020) (Ex. UT-002) Open the exhibit

Ex. UT-005
State Public Health Order of April 1, 2020 (self-isolation and quarantine; food service establishments)

State Public Health Order

Joseph K. Miner, M.D., Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Apr. 1, 2020 to Apr. 15, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capWorkplace rulesQuarantine and isolation
Functions reached
DR dining room; BA bar; FB hotel food and beverage; WF workforce (mandatory quarantine of exposed workers and household members); CB customers barred from premises; EMP daily symptom screening; line and gathering control
Grade
Primary source read
Days in this quarter
15

1. Self Isolation and Quarantine.... b. The following individuals shall comply with a self isolation or quarantine notice: i. an individual who tests positive for COVID-19; ii. an individual who is exposed to an individual who tests positive for COVID-19; and iii. an individual who is a member of the same household or residence of an individual who tests positive... 2. Food Service Establishments. Each food service establishment, as defined in this Order, shall close to members, guests, patrons, customers, and the general public, except as permitted on a limited basis... b. A food service establishment may not: i. provide dine-in food service, including dine-in food service provided outside the food service establishment (i.e., outdoor seating); ii. admit a member, guest, patron, or customer inside the food service establishment except to allow the member, guest, patron, or customer to…

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3; 'supersedes the order issued by the Department on March 21, 2020'

Citation: Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order of April 1, 2020 (self-isolation and quarantine; food service establishments) (Apr. 1, 2020) (Ex. UT-005) Open the exhibit

Ex. UT-009
The Governor's Coronavirus Directive for Utah, "Stay Safe, Stay Home", Updated April 10, 2020

Directive to the State of Utah: Stay Safe, Stay Home (Updated April 10, 2020)

Governor Gary R. Herbert, Utah (State)

Dates
In force from Apr. 10, 2020 to May 1, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeTelework mandateGathering capTravel and quarantineWorkplace rulesQuarantine and isolation
Functions reached
OF telework; CB customers under stay-home; WF (14-day self-isolation after out-of-state travel); TR travel; GATH
Grade
Primary source read
Days in this quarter
22

I expect each Utah resident and business to follow these directives.... These directives establish minimum statewide standards. In consultation with the State, local authorities may impose more stringent directives and orders... The following directives are effective immediately and shall remain in place until 11:59 p.m. on May 1, 2020. I. Directives for Individuals. Each individual in the state of Utah is hereby directed to engage in the following measures...: 1. Health orders and guidelines. Follow orders, guidelines, and standards promulgated by the Utah Department of Health and applicable local health departments. 2. Self-isolation after exposure to COVID-19. Self-isolate for 14 days after: a. traveling out of state; or b. being exposed... 3. Social and physical distancing. a. Stay at home as much as possible. b. Work from home as much as possible. c. Maintain a six-foot distance...

Enforcement: Directive; implemented by UDOH order of Apr. 14, 2020 (UT-010) and county orders

Citation: Governor Gary R. Herbert, The Governor's Coronavirus Directive for Utah, "Stay Safe, Stay Home", Updated April 10, 2020 (Apr. 10, 2020) (Ex. UT-009) Open the exhibit

Ex. UT-010
State Public Health Order of April 14, 2020 (version 1.2.0) (self-isolation and quarantine; food service establishments)

State Public Health Order

Joseph K. Miner, M.D., Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Apr. 14, 2020 to May 1, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capWorkplace rulesQuarantine and isolation
Functions reached
DR dining room; BA bar; FB hotel food and beverage; WF quarantine compliance; CB
Grade
Primary source read
Days in this quarter
18

b. The following individuals shall comply with a self isolation or quarantine notice: i. an individual who tests positive for COVID-19; ii. an individual who is exposed to an individual who tests positive for COVID-19; and iii. an individual who is a member of the same household... 2. Food Service Establishments. Each food service establishment, as defined in this Order, shall close to members, guests, patrons, customers, and the general public, except as permitted on a limited basis... Duration. This Order is declared and effective immediately and expires at 11:59 p.m. on May 1, 2020, unless further extended

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order of April 14, 2020 (version 1.2.0) (self-isolation and quarantine; food service establishments) (Apr. 14, 2020) (Ex. UT-010) Open the exhibit

Ex. UT-056
Public Health Order No. SEUHD 2020-5GC

Public Health Order (Grand County risk level; face coverings; public lodging)

Bradon C. Bradford, Health Officer, Southeast Utah Health Department, and the Grand County Council, Grand County, Utah (Southeast Utah Health Department: Carbon, Emery and Grand Counties) (County)

Dates
In force from May 1, 2020 to May 29, 2020 (issued Apr. 30, 2020)
Quarters
2020 Q2
Limitations
Business closureCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Functions reached
LG lodging occupancy caps and rest periods; MC meeting and convention rooms closed; AM pools and hot tubs closed; HK housekeeping protocols; TV tourism to Moab, Arches and Canyonlands; MASK employees
Grade
Primary source read
Days in this quarter
29

On March 17, the Southeast Utah Health Department issued a Public Health Order in response to the COVID-19 global pandemic, which order was amended on March 31, 2020 and again on April 15th and 23rd.... This Executive Order applies to all counties within the state, and supersedes all local public health orders, except where exceptions are granted by the Governor... Therefore, the Local Public Health Order, as amended,... will not be renewed and shall expire as of 12:01 a.m. on May 1, 2020.... Section 2. Face Coverings. Each individual acting in the capacity of an employee of a business shall use a face covering.... Section 3. Public Lodging. General - all lodging facilities shall: Keep a copy of the driver's license... of the head of household for each group checking in, for 30 days...; Require use of face coverings by employees at all times during their shift;... Keep all convention…

Enforcement: Utah Code 26A-1-114; cleaning logs subject to inspection by the Health Department

Citation: Bradon C. Bradford, Health Officer, Southeast Utah Health Department, and the Grand County Council, Public Health Order No. SEUHD 2020-5GC (Apr. 30, 2020) (Ex. UT-056) Open the exhibit

Ex. UT-016
Executive Order 2020-27

Moving the Utah COVID-19 Health Risk Status to Yellow (Low Risk) in Grand County, West Valley City, and Magna

Governor Gary R. Herbert, Utah (State)

Dates
In force from May 29, 2020 to June 12, 2020
Quarters
2020 Q2
Limitations
Capacity limitGathering capFace-covering requirementWorkplace rules
Functions reached
GATH; DR; SF; LG lodging in Grand County (Moab); OF
Grade
Primary source read
Days in this quarter
15

Moving the Utah COVID-19 Health Risk Status to Yellow (Low Risk) in Grand County, West Valley City, and Magna [individuals and businesses shall comply with the Yellow provisions of the Phased Guidelines; Salt Lake City remains Orange]

Enforcement: Utah Code 53-2a-209(1)

Citation: Governor Gary R. Herbert, Executive Order 2020-27 (May 29, 2020) (Ex. UT-016) Open the exhibit

Ex. UT-017
Executive Order 2020-31

Updating the Utah COVID-19 Health Risk Status in Certain Areas and Adopting Version 4.6 of the Phased Guidelines

Governor Gary R. Herbert, Utah (State)

Dates
In force from June 12, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Capacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Functions reached
GATH 50 (Yellow) / 20 (Orange); DR; SF; EV; OF; MASK employees
Grade
Primary source read
Days in this quarter
19 (in force on the last day)

2. The Utah COVID-19 Public Health Risk Status is: a. Orange (Moderate Risk) in Salt Lake City; b. Green (Normal Risk) in Kane County; and c. Yellow (Low Risk) in each area of the State not identified in Subsection (2)(a) or (2)(b). 3.... An individual or business in an area identified in Subsection (2)(a) shall comply with the Orange (Moderate Risk) provisions of the Phased Guidelines;... b. An individual or business in an area identified in Subsection (2)(c) shall comply with the Yellow (Low Risk) provisions of the Phased Guidelines

Enforcement: Utah Code 53-2a-209(1)

Citation: Governor Gary R. Herbert, Executive Order 2020-31 (June 12, 2020) (Ex. UT-017) Open the exhibit

Ex. UT-047
Administrative Order, In re: Order for Court Operations During Pandemic

Administrative Order for Court Operations During Pandemic (March 13, 2020)

Utah Supreme Court (Chief Justice Matthew B. Durrant, as presiding officer of the Judicial Council), Utah (Court)

Dates
In force from Mar. 13, 2020 to Mar. 21, 2020
Quarters
2020 Q2
Limitations
Telework mandateGathering capCourts and public offices
Functions reached
CT courts and clerks (civil matters continued; remote proceedings); CL closings and recorder-dependent transactions; OF judiciary telework; CB litigants
Grade
Primary source read
Days in this quarter
9 (in force on the first day)

This order supersedes all orders relating to the pandemic issued by any court or district... The judiciary is at level "Red" in the plan... Managers must act in accordance with the Pandemic Response Plan by developing alternate work schedules, permitting or requiring telework, and cancelling in-person meetings and conferences... Individuals who show symptoms of COVID-19 or who have been exposed... may not enter courthouses.... Proceedings should be conducted through remote transmission, such as by phone or video, when circumstances allow.... 7. Mediations conducted by the Court-Annexed Alternative Dispute Resolution Department are suspended.... Pending further notice, all oral arguments, with the exception of those involving the case types set forth below, will be suspended.... Orders applicable to the District Courts 1. All matters are continued until further notice with the exception…

Enforcement: Administrative order binding on every court and court employee; supersedes inconsistent local orders

Citation: Utah Supreme Court (Chief Justice Matthew B. Durrant, as presiding officer of the Judicial Council), Administrative Order, In re: Order for Court Operations During Pandemic (Mar. 13, 2020) (Ex. UT-047) Open the exhibit

Ex. UT-003
State Public Health Order UPHO 2020-03 (elective surgeries and procedures)

State Public Health Order (postponement of elective surgeries and procedures)

Joseph K. Miner, M.D., Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Mar. 25, 2020 to Apr. 25, 2020 (issued Mar. 23, 2020)
Quarters
2020 Q2
Limitations
Business closureHealth care orders
Functions reached
SX surgery and elective procedures; PR elective and aerosol-generating procedures (dental, medical); OC outpatient procedures; CB patients
Grade
Primary source read
Days in this quarter
32

hereby order that, effective as of 12:01 a.m. on March 25, 2020, all licensed health-care professionals and all licensed health-care facilities shall postpone all elective surgeries and procedures in accordance with version 3.15.20 of the CMS Adult Elective Surgery and Procedures Recommendations, promulgated by the Centers for Medicare & Medicaid Services on March 18, 2020.

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3 (public health order)

Citation: Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order UPHO 2020-03 (elective surgeries and procedures) (Mar. 23, 2020) (Ex. UT-003) Open the exhibit

Ex. UT-048
Administrative Order for Court Operations During Pandemic (May 1, 2020)

Administrative Order for Court Operations During Pandemic

Utah Supreme Court and Utah Judicial Council (Chief Justice Matthew B. Durrant), Utah (Court)

Dates
In force from May 1, 2020 to May 11, 2020
Quarters
2020 Q2
Limitations
Telework mandateGathering capCourts and public offices
Functions reached
CT jury trials suspended statewide; CL in-person hearings barred absent exigency; OF telework for court staff; CB litigants and jurors
Grade
Primary source read
Days in this quarter
11

The judiciary remains at level "Red" in the plan... 6. All courthouses shall remain open during regular business hours in a manner necessary to [perform mission-critical functions]... 9. Absent exigent circumstances, all hearings shall be conducted on the papers, or through remote transmission, such as by telephone or video conferencing.... 10. District court and justice court judges are directed to suspend all criminal jury trials (whether the defendant is or is not in custody) and all civil jury trials pending further administrative orders.... 14. Oral arguments shall be conducted by remote transmission.

Enforcement: Binding administrative order; presiding judges' orders superseded to the extent inconsistent

Citation: Utah Supreme Court and Utah Judicial Council (Chief Justice Matthew B. Durrant), Administrative Order for Court Operations During Pandemic (May 1, 2020) (Ex. UT-048) Open the exhibit

Ex. UT-001
Executive Order 2020-1

Declaring a State of Emergency Due to Infectious Disease COVID-19 Novel Coronavirus

Governor Gary R. Herbert, Utah (State)

Dates
In force from Mar. 6, 2020 to Aug. 20, 2020
Quarters
2020 Q22020 Q3
Limitations
Emergency declaration
Functions reached
predicate for every Utah EO and the UDOH orders that recite it
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

I, Gary R. Herbert, Governor of the State of Utah, declare a "State of Emergency" due to the aforesaid circumstances requiring aid, assistance, and relief available from State resources and hereby order: The continued execution of the State Emergency Operations Plan;... Coordination with local authorities and the private sector to maximize access to appropriate medical care while preserving critical services for those most in need.

Enforcement: Predicate for orders under Utah Code 53-2a-209(1) ('full force and effect of law') and for suspension of statutes under 53-2a-209(4)

Citation: Governor Gary R. Herbert, Executive Order 2020-1 (Mar. 6, 2020) (Ex. UT-001) Open the exhibit

Ex. UT-063
H.J.R. 24, Joint Resolution Extending the State of Emergency Due to Infectious Disease COVID-19 Novel Coronavirus, 2020 General Session

Joint Resolution Extending the State of Emergency Due to Infectious Disease COVID-19 Novel Coronavirus

Utah Legislature (Chief Sponsor Rep. Paul Ray; Senate Sponsor Sen. Ann Millner), Utah (State)

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

WHEREAS, Utah Code Subsection 53-2a-206(3) provides that "[a] state of emergency may not continue for longer than 30 days unless extended by joint resolution of the Legislature";... NOW, THEREFORE, BE IT RESOLVED by the Legislature of the state of Utah that the state of emergency declared by the Governor on March 6, 2020, due to infectious disease COVID-19 Novel Coronavirus, is extended to June 30, 2020.

Enforcement: Legislative extension under 53-2a-206(3)

Citation: Utah Legislature (Chief Sponsor Rep. Paul Ray; Senate Sponsor Sen. Ann Millner), H.J.R. 24, Joint Resolution Extending the State of Emergency Due to Infectious Disease COVID-19 Novel Coronavirus, 2020 General Session (Mar. 12, 2020) (Ex. UT-063) Open the exhibit

Ex. UT-061
Bulletin 2020-2

Guidance for Business Interruption Claims Related to COVID-19 or the March 18 Earthquake

Todd E. Kiser, Utah Insurance Commissioner, Utah Insurance Department, Utah (Sector regulator)

Dates
In force from Mar. 23, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Other
Functions reached
IN insurance claims handling (business interruption); regulator's recognition of 'unforeseen business closures' in March 2020
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

The Department recognizes that earthquake damage and unforeseen business closures can cause financial stress, and strongly requests that insurers work to remediate their insureds in a timely manner.... The Department urges insurers to promptly process and pay claims related to earthquake or COVID-19 - particularly claims for business interruption losses to minimize the impact to insureds.

Enforcement: Regulatory guidance to licensed insurers

Citation: Todd E. Kiser, Utah Insurance Commissioner, Utah Insurance Department, Bulletin 2020-2 (Mar. 23, 2020) (Ex. UT-061) Open the exhibit

Ex. UT-059
Executive Order 2020-7

Suspending Enforcement of Statutes Relating to Telehealth Services

Governor Gary R. Herbert, Utah (State)

Dates
In force from Mar. 25, 2020 to Aug. 20, 2020
Quarters
2020 Q22020 Q3
Limitations
Health care ordersOther
Functions reached
TM telehealth under waivers; CL clinical intake moved remote; CB patients
Grade
Primary source read
Days in this quarter
98 (in force on the last day)

WHEREAS, Utah Code Title 26, Chapter 60, Telehealth Act governs the use of telehealth services in Utah; WHEREAS, Utah Code 26-60-102(8)(b)(ii) and 26-60-103(2)(a) may limit the ability of a healthcare provider to offer telehealth services during this state of emergency;... [hereby order the suspension of enforcement of those provisions]

Enforcement: Suspension of enforcement under 53-2a-209(4)

Citation: Governor Gary R. Herbert, Executive Order 2020-7 (Mar. 25, 2020) (Ex. UT-059) Open the exhibit

Ex. UT-057
Bulletin 2020-3

Premium Holiday for Employers that have Closed Due to the Coronavirus but Continue to Pay Employees

Todd E. Kiser, Utah Insurance Commissioner, Utah Insurance Department, Utah (Sector regulator)

Dates
In force from Mar. 26, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Other
Functions reached
IN insurance (premium treatment for closed employers); State regulator's contemporaneous finding that government restrictions limited business operations
Grade
Primary source read
Days in this quarter
97 (in force on the last day)

Government authorities recently imposed social distancing restrictions to reduce the spread of the coronavirus in Utah communities. Those restrictions have the effect of limiting the operations of many businesses. In response, some business owners have decided to close but continue to pay employees.... Utah law does not prohibit workers' compensation carriers from suspending premium payments by the closed-but-paying employers.

Enforcement: Regulatory guidance to licensed insurers

Citation: Todd E. Kiser, Utah Insurance Commissioner, Utah Insurance Department, Bulletin 2020-3 (Mar. 26, 2020) (Ex. UT-057) Open the exhibit

Ex. UT-006
Executive Order 2020-13

Temporarily Suspending Residential Evictions of Individuals Experiencing Wage or Job Loss as a Result of COVID-19

Governor Gary R. Herbert, Utah (State)

Dates
In force from Apr. 2, 2020 to May 15, 2020
Quarters
2020 Q2
Limitations
Courts and public officesOther
Functions reached
PM property management (evictions suspended); SV servicing and collections; CL courts (eviction filings)
Grade
Primary source read
Days in this quarter
44

hereby order the suspension of enforcement [of the eviction statutes for a tenant who has experienced wage or job loss as a result of COVID-19 and who provides documentation]... This Order rescinds and supersedes Executive Order 2020-11, issued on April 1, 2020. This Order is effective immediately and expires at 11:59 p.m. on May 15, 2020

Enforcement: Suspension of enforcement of Utah Code eviction provisions under 53-2a-209(4)

Citation: Governor Gary R. Herbert, Executive Order 2020-13 (Apr. 2, 2020) (Ex. UT-006) Open the exhibit

Ex. UT-007
Executive Order 2020-15

Establishing a Requirement for Individuals Entering Utah to Complete a Travel Declaration Form

Governor Gary R. Herbert, Utah (State)

Dates
In force from Apr. 10, 2020 to May 1, 2020 (issued Apr. 8, 2020)
Quarters
2020 Q2
Limitations
Travel and quarantine
Functions reached
TV travel demand into Utah; TR business travel; CB out-of-state customers and visitors; MK events and conventions drawing out-of-state attendees
Grade
Primary source read
Days in this quarter
22

2. Each individual 18 years of age or older who enters Utah as the final destination through the Salt Lake City International Airport shall complete a travel declaration form within three hours of entering Utah. 3. Each individual 18 years of age or older who enters Utah by means of a motor vehicle through a highway entry point shall complete a travel declaration form within three hours of entering Utah.... 5. The Utah Department of Public Safety shall send a Wireless Emergency Alert through the Integrated Public Alert and Warning System to each individual identified in Section (3)...

Enforcement: Utah Code 53-2a-209(1) (full force and effect of law); 53-2a-204(1)(b) (measures to secure compliance)

Citation: Governor Gary R. Herbert, Executive Order 2020-15 (Apr. 8, 2020) (Ex. UT-007) Open the exhibit

Ex. UT-008
Executive Order 2020-16

Establishing a Requirement for Individuals Entering Utah to Complete a Travel Declaration Form with Certain Exceptions

Governor Gary R. Herbert, Utah (State)

Dates
In force from Apr. 10, 2020 to May 1, 2020
Quarters
2020 Q2
Limitations
Travel and quarantine
Functions reached
TV travel demand; TR business travel; CB visitors; DR drivers (exempt, but subject to the alert system)
Grade
Primary source read
Days in this quarter
22

2. Each individual 18 years of age or older who enters Utah as the final destination through the Salt Lake City International Airport shall complete a travel declaration form within three hours of entering Utah. 3. Each individual 18 years of age or older who enters Utah by means of a motor vehicle through a highway entry point shall complete a travel declaration form within three hours of entering Utah.... 7. Exceptions. a. This Order shall not apply to: i. an individual who enters Utah in the individual's capacity as an employee of a commercial airline; ii. a commercial motor carrier driver;... b. An individual who enters Utah solely for the purpose of the individual's employment is required to complete the travel declaration form no more than once in a seven-day period. This Order repeals and supersedes Executive Order 2020-15, issued on April 8, 2020.

Enforcement: Utah Code 53-2a-209(1); 53-2a-204(1)(b)

Citation: Governor Gary R. Herbert, Executive Order 2020-16 (Apr. 10, 2020) (Ex. UT-008) Open the exhibit

Ex. UT-011
Executive Order 2020-18

Temporarily Suspending Certain Provisions of the Utah Code Regarding Vehicle Registration

Governor Gary R. Herbert, Utah (State)

Dates
In force from Apr. 30, 2020 to May 15, 2020 (issued Apr. 29, 2020)
Quarters
2020 Q2
Limitations
Courts and public officesOther
Functions reached
DM motor-vehicle offices, titles and registrations (counter service curtailed); FI dealer registration and titling; CL auto lending
Grade
Primary source read
Days in this quarter
16

WHEREAS,... offices have implemented precautionary measures to limit in-person contact, including the increased use of drive-through... WHEREAS, despite increased hours and drive-through services provided by the Division, the public need for vehicle registration... NOW, THEREFORE, I, Gary R. Herbert, Governor of the State of Utah, hereby order the suspension of enforcement [of the vehicle registration provisions recited]... This Order is declared and shall become effective on April 30, 2020 and shall remain in effect until and including May 15, 2020

Enforcement: Suspension of enforcement under 53-2a-209(4)

Citation: Governor Gary R. Herbert, Executive Order 2020-18 (Apr. 29, 2020) (Ex. UT-011) Open the exhibit

Ex. UT-014
State Public Health Order rescinding the March 23, 2020 elective-procedure order and imposing protocols on covered healthcare providers (version dated May 1, 2020; original Apr. 21, 2020)

State Public Health Order (covered healthcare providers)

Joseph K. Miner, M.D., Executive Director, Utah Department of Health, Utah (State)

Dates
In force from May 1, 2020 to May 15, 2020
Quarters
2020 Q2
Limitations
Face-covering requirementHealth care ordersWorkplace rules
Functions reached
CH chairside care; PR aerosol-generating procedures; FD front desk and scheduling; CL clinical intake and waiting room; ST sterilization and PPE; CB patients (one companion; vehicle waiting)
Grade
Primary source read
Days in this quarter
15

1. The state public health order issued on March 23, 2020, relating to elective surgeries and procedures, is hereby rescinded.... 3. Each covered healthcare provider shall: a. implement the following protocols regarding the use of face masks: i.... require each individual in a healthcare facility, including each staff member, patient, and individual accompanying a patient, to wear a mask that covers the nose and mouth when within six feet of another individual;... b. permit no more than one individual to accompany each patient; c. ensure that no individual is permitted to congregate in or near the healthcare facility, including to the extent practicable, requiring a patient to wait outside the healthcare facility or in the individual's vehicle...; d. remove any toy, magazine, and other similar item from each waiting room...; e. screen each individual who enters the healthcare facility…

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order rescinding the March 23, 2020 elective-procedure order and imposing protocols on covered healthcare providers (version dated May 1, 2020; original Apr. 21, 2020) (Ex. UT-014) Open the exhibit

Ex. UT-058
Executive Order 2020-21

Suspending Enforcement of Utah Code 32B-5-309 Regarding Ceasing Operation of Certain Retail Licensees

Governor Gary R. Herbert, Utah (State)

Dates
In force from May 8, 2020 to Aug. 20, 2020
Quarters
2020 Q22020 Q3
Limitations
Alcohol and barsOther
Functions reached
BA bars and licensed restaurants (closures recognized; licenses preserved); ALC regulator's recital that health orders restricted licensees' operation
Grade
Primary source read
Days in this quarter
54 (in force on the last day)

WHEREAS, Utah Code 32B-5-309 prohibits certain retail licensees that serve alcoholic beverages from closing or ceasing operation for a period longer than 240 hours without notifying and receiving approval from the Department of Alcoholic Beverage Control (DABC); WHEREAS, to mitigate the spread of COVID-19, state and local health authorities have issued health orders restricting the operation of businesses and restaurants, including retail licensees governed by Utah Code 32B-5-309; WHEREAS, the economic impact of COVID-19 and related health orders has caused and is expected to cause some retail licensees... to close or cease operation for a period longer than 240 hours;... NOW, THEREFORE, I, Gary R. Herbert, Governor of the State of Utah, hereby order the suspension of enforcement of Utah Code 32B-5-309. The suspension of enforcement of Utah Code 32B-5-309 applies retroactively to any…

Enforcement: Suspension of a licensing statute under 53-2a-209(4)

Citation: Governor Gary R. Herbert, Executive Order 2020-21 (May 8, 2020) (Ex. UT-058) Open the exhibit

Ex. UT-062
H.J.R. 504, Joint Resolution Further Extending the State of Emergency Due to the Infectious Disease COVID-19 Novel Coronavirus, 2020 Fifth Special Session

Joint Resolution Further Extending the State of Emergency Due to the Infectious Disease COVID-19 Novel Coronavirus

Utah Legislature (Chief Sponsor Rep. Val L. Peterson; Senate Sponsor Sen. Ann Millner), Utah (State)

Dates
In force from June 18, 2020 to Aug. 20, 2020
Quarters
2020 Q22020 Q3
Limitations
Emergency declaration
Functions reached
predicate (keeps EO 2020-1 and every dependent order in force through Aug. 20, 2020)
Grade
Primary source read
Days in this quarter
13 (in force on the last day)

WHEREAS, the Governor requested that the Legislature further extend the state of emergency, declared by the Governor, until August 31, 2020; and WHEREAS, the Legislature finds that it is necessary to extend the state of emergency until August 20, 2020... NOW, THEREFORE, BE IT RESOLVED by the Legislature of the state of Utah that the state of emergency declared by Governor Gary R. Herbert on March 6, 2020, due to infectious disease COVID-19 Novel Coronavirus, which was extended by the Legislature of the state of Utah by House Joint Resolution 24, is further extended to August 20, 2020.

Enforcement: Legislative extension under 53-2a-206(3)

Citation: Utah Legislature (Chief Sponsor Rep. Val L. Peterson; Senate Sponsor Sen. Ann Millner), H.J.R. 504, Joint Resolution Further Extending the State of Emergency Due to the Infectious Disease COVID-19 Novel Coronavirus, 2020 Fifth Special Session (June 18, 2020) (Ex. UT-062) Open the exhibit

Ex. UT-018
Executive Order 2020-34

Requiring Face Coverings in State Facilities

Governor Gary R. Herbert, Utah (State)

Dates
In force from June 29, 2020 to June 30, 2021 (issued June 26, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementCourts and public officesWorkplace rules
Functions reached
CRT State offices, DMV, licensing counters (masked access); OF State-employee workplaces; CB members of the public transacting with State agencies
Grade
Primary source read
Days in this quarter
2 (in force on the last day)

2. Each individual in a state facility shall wear a face covering, except as provided in Section (3).... This Order is declared effective at 8:00 a.m. on June 29, 2020 and shall remain in effect until 11:59 p.m. on July 10, 2020

Enforcement: Utah Code 53-2a-209(1)

Citation: Governor Gary R. Herbert, Executive Order 2020-34 (June 26, 2020) (Ex. UT-018) Open the exhibit

Agencies, boards and authorities: Utah

Ex. AGY-ST-TRADE-BOARDS-019
Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak (emergency diploma privilege with 360 hours of supervised practice)

In re: Matter of Emergency Modifications to Utah Supreme Court Rules of Professional Practice, Rules Governing Admission to the Utah State Bar - Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak

Utah Supreme Court, Utah; Supreme Court of Utah (bar admission) (Court)

Dates
In force from Apr. 21, 2020; end: one-time for candidates who applied by Apr. 1, 2020 for the July 2020 exam
Quarters
2020 Q22020 Q32020 Q4
Limitations
Gathering capCourts and public officesOther
Functions reached
HR admission of 2020 graduates without examination; 360 supervised hours imposed on employing firms; GATH July 2020 exam sitting avoided for qualified candidates; CS client work by candidates limited to supervised practice
Grade
Primary source read
Days in this quarter
71 (in force on the last day)

Based upon the Utah Supreme Court's constitutionally granted authority to regulate the practice of law in Utah, and in consideration of the public health threat currently posed by the novel infectious coronavirus (COVID-19), the Utah Supreme Court orders that the Bar Examination passage requirement be modified on an emergency basis for certain eligible Qualified Candidates as defined herein.... 'Supervised Practice' means the 360 hours of supervised legal practice that a Qualified Candidate must complete under the supervision of a Supervising Attorney

Enforcement: Court order; admission conditions

Citation: Utah Supreme Court, Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak (emergency diploma privilege with 360 hours of supervised practice) (Apr. 21, 2020) (Ex. AGY-ST-TRADE-BOARDS-019) Open the exhibit

Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-017
UTA notice, Mar. 27, 2020, 'Temporary Service Reductions Starting April 5th': bus ridership down 56 percent, FrontRunner 75 percent, TRAX 60 percent, paratransit 75 percent; frequencies cut (TRAX 15 to 30 minutes; FrontRunner 30 to 60 minutes; UVX 6 to 15 minutes); some commuter routes suspended; operators not handling passes, visual fare inspection only; rear-door boarding signage; passenger line moved back six feet

Temporary Service Reductions Starting April 5th

Utah Transit Authority (UTA), Utah (Wasatch Front: Salt Lake, Davis, Weber, Utah, Box Elder and Tooele Counties) (Sector regulator)

Dates
In force from Apr. 5, 2020 to July 1, 2020 (issued Mar. 27, 2020)
Quarters
2020 Q2
Limitations
Travel and quarantineWorkplace rulesOther
Functions reached
WF commuting workforce (rail frequency halved; commuter routes suspended); CB customer access; TV travel
Character
binding
Grade
Primary source read
Days in this quarter
87 (in force on the last day)

As part of the ongoing effort to limit the spread of the COVID-19 virus, keep everyone safe and ensure fiscal responsibility, Utah Transit Authority will reduce service temporarily beginning April 5, 2020.... we have decided to focus our resources on providing critical service for those who depend on UTA for their essential travel needs at this time.... TRAX: Adjusting frequency from 15 minutes to 30 minutes. FrontRunner: Adjusting frequency from 30 minutes to 60 minutes... Suspending some commuter bus routes... Bus Operators and Transit Police Officers are not handling passes and will be conducting visual fare inspections only.... Signs have been posted on buses advising riders to board through the rear doors.

Enforcement: Carrier operating rules (fare inspection practice; boarding); no penalty clause

Citation: Utah Transit Authority (UTA), UTA notice, Mar. 27, 2020, 'Temporary Service Reductions Starting April 5th': bus ridership down 56 percent, FrontRunner 75 percent, TRAX 60 percent, paratransit 75 percent; frequencies cut (TRAX 15 to 30 minutes; FrontRunner 30 to 60 minutes; UVX 6 to 15 minutes); some commuter routes suspended; operators not handling passes, visual fare inspection only; rear-door boarding signage; passenger line moved back six feet (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-017) Open the exhibit

Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018
UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice

UTA Announces Face Covering Requirement - UTA Riders and Employees Required to Wear Face Coverings

Utah Transit Authority (UTA), Utah (Salt Lake County from June 27, 2020; system-wide from July 1, 2020) (Sector regulator)

Dates
In force from June 27, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rules
Functions reached
WF commuting workforce (mask condition on every UTA ride from June 27 / July 1, 2020); HR (employee mask rule); CB customer access
Character
binding
Grade
Primary source read
Days in this quarter
4 (in force on the last day)

Following CDC and Utah Department of Health guidelines, UTA now requires all riders and employees in Salt Lake County to a wear face mask or covering, in addition to practicing social distancing. These changes take effect Saturday, June 27, 2020 for Salt Lake County, in compliance with the Salt Lake County Health Order issued on June 26, 2020 requiring face coverings to be worn in public spaces. On July 1, 2020, UTA will require all riders and employees system-wide to wear face masks or coverings until further notice.

Enforcement: County health order: Utah Code Ann. § 26A-1-123 (class B misdemeanor for violation of a local health order); UTA: education-first enforcement, masks offered (Ex. 026)

Citation: Utah Transit Authority (UTA), UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018) 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 Utah

Ex. UT-020
Executive Order 2020-44

Adopting version 4.8 of the Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation

Governor Gary R. Herbert, Utah (State)

Dates
In force from July 17, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rules
Functions reached
GATH; DR; SF; EV; OF; SCH (Orange-area schools permitted to open in person under v4.8)
Grade
Primary source read
Days in this quarter
76 (in force on the last day)

2. The Utah COVID-19 Public Health Risk Status is: a. Orange (Moderate Risk) in Salt Lake City; b. Green (Normal Risk) in Beaver County, Daggett County, Duchesne County, Emery County, Garfield [and other listed counties]; c. Yellow (Low Risk) in each area of the State not identified... 3.... a. An individual or business in an area identified in Subsection (2)(a) shall comply with the Orange (Moderate Risk) provisions of the Phased Guidelines

Enforcement: Utah Code 53-2a-209(1)

Citation: Governor Gary R. Herbert, Executive Order 2020-44 (July 17, 2020) (Ex. UT-020) Open the exhibit

Ex. UT-021
Executive Order 2020-50

Adopting Version 4.10 of the Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation (Utah COVID-19 Level of Restriction)

Governor Gary R. Herbert, Utah (State)

Dates
In force from Aug. 14, 2020 to Aug. 20, 2020
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Functions reached
GATH; DR; SF; EV; OF; MASK (local mandates authorized on notice)
Grade
Primary source read
Days in this quarter
7

2. The Utah COVID-19 Level of Restriction is: a. Moderate Level of Restriction (Orange) in Salt Lake City; b. Minimal Level of Restriction (Green) in Beaver County, Daggett County, Duchesne County, Emery County,...; c. Low Level of Restriction (Yellow) in each area of the State not identified... 3.... a. Each person in an area identified in Subsection (2)(a) shall comply with the Moderate Level of Restriction (Orange) provisions of the Phased Guidelines;... 5. Notwithstanding Subsections (3) or (4), a political subdivision desiring to adopt a mandatory face covering requirement may do so without prior approval from the Utah Department of Health by notifying the Utah Department of Health of their intent to adopt the requirement.

Enforcement: Utah Code 53-2a-209(1)

Citation: Governor Gary R. Herbert, Executive Order 2020-50 (Aug. 14, 2020) (Ex. UT-021) Open the exhibit

Ex. UT-023
State Public Health Order 2020-14

Updating the Utah COVID-19 Level of Restriction

Utah Department of Health (Executive Director), Utah (State)

Dates
In force from Sept. 23, 2020 to Oct. 23, 2020 (issued Sept. 22, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Functions reached
GATH; DR; SF; EV; OF; MASK
Grade
Primary source read
Days in this quarter
8 (in force on the last day)

2. The Utah COVID-19 Level of Restriction is: a. Moderate Level of Restriction (Orange) in Provo City and Orem City; b. Minimal Level of Restriction (Green) in Beaver County, Box Elder County,...; c. Low Level of Restriction (Yellow) in each area of the State not identified... 3.... a. each person in an area identified in Subsection (2)(a) shall comply with the Moderate Level of Restriction (Orange) provisions of the Phased Guidelines;... 5. Notwithstanding Subsections (3) or (4), a political subdivision desiring to adopt a mandatory face covering requirement may do so without prior approval from the Utah Department of Health... 7. This Order supersedes State Public Health Order 2020-13.

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Utah Department of Health (Executive Director), State Public Health Order 2020-14 (Sept. 22, 2020) (Ex. UT-023) Open the exhibit

Ex. UT-019
State Public Health Order UPHO 2020-10

State Public Health Order (face coverings in K-12 schools and school buses)

Joseph K. Miner, M.D., Executive Director, Utah Department of Health, Utah (State)

Dates
In force from July 17, 2020 to Dec. 31, 2020
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirementSchools and child careOther
Functions reached
IN in-person instruction conditions; TR school transport; WF working parents (school operating conditions); EC extended care on school property
Grade
Primary source read
Days in this quarter
76 (in force on the last day)

hereby order the following, beginning July 17, 2020:... 2. Each individual, including an employee, student, or visitor, on school property or on a school bus shall wear a face covering, except as provided in Section (3).... This Order is effective immediately and shall remain in effect until 11:59 p.m. December 31, 2020

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order UPHO 2020-10 (July 17, 2020) (Ex. UT-019) Open the exhibit

Ex. UT-022
Executive Order 2020-51

Declaring a State of Emergency Due to the Ongoing COVID-19 Pandemic

Governor Gary R. Herbert, Utah (State)

Dates
In force from Aug. 20, 2020 to Sept. 19, 2020
Quarters
2020 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
31

WHEREAS, the state of emergency declared in Executive Order 2020-1 expires on this day, August 20, 2020;... I, Gary R. Herbert, Governor of the State of Utah, declare a "State of Emergency"... This Order shall take effect immediately upon the expiration or termination of Executive Order 2020-1 and shall remain in effect until September 19, 2020, unless extended by the Utah State Legislature

Enforcement: Predicate for EOs 2020-52 through 2020-62 (reauthorizing suspensions and the Level of Restriction)

Citation: Governor Gary R. Herbert, Executive Order 2020-51 (Aug. 20, 2020) (Ex. UT-022) Open the exhibit

Ex. UT-060
State Public Health Order 2020-12

Face Coverings in State Buildings

Utah Department of Health (Executive Director), Utah (State)

Dates
In force from Sept. 18, 2020 to Oct. 19, 2020
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirementCourts and public officesWorkplace rules
Functions reached
CRT State offices and counters; OF State workplaces; CB the public transacting with the State
Grade
Primary source read
Days in this quarter
13 (in force on the last day)

WHEREAS, the state of emergency declared in Executive Order 2020-1 expired on August 20, [2020]... [EO 2020-]51 expired, and Governor Gary R. Herbert issued Executive Order 2020-63, declaring a new [state of emergency]... requiring the use of face coverings by any individual while in a state facility to mitigate the [spread of COVID-19]... This Order is effective immediately and shall remain in effect until 11:59 p.m. October 19, 2020

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Utah Department of Health (Executive Director), State Public Health Order 2020-12 (Sept. 18, 2020) (Ex. UT-060) Open the exhibit

Ex. UT-024
Executive Order 2020-63

Declaring a State of Emergency Due to the Ongoing COVID-19 Pandemic

Governor Gary R. Herbert, Utah (State)

Dates
In force from Sept. 19, 2020 to Oct. 20, 2020
Quarters
2020 Q32020 Q4
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
12 (in force on the last day)

WHEREAS, on August 20, 2020, the state of emergency declared in Executive Order 2020-1 expired,... WHEREAS, the state of emergency declared in Executive Order 2020-51 expires today, September 19,... This Order shall take effect immediately upon the expiration or termination of the state of emergency declared in Executive Order 2020-51 and shall remain in effect through October 20, 2020, unless extended by [the Legislature]

Enforcement: Predicate for EOs 2020-64 through 2020-69

Citation: Governor Gary R. Herbert, Executive Order 2020-63 (Sept. 19, 2020) (Ex. UT-024) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. UT-013Utah Department of Health (Phased Guidelines adopted and made mandatory by EO 2020-20, May 6, 2020, and successors), Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation, Version 4.1 (5/6/2020) (May 6, 2020) (Ex. UT-013)In force from May 6, 2020 to Aug. 14, 2020Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Ex. UT-001Governor Gary R. Herbert, Executive Order 2020-1 (Mar. 6, 2020) (Ex. UT-001)In force from Mar. 6, 2020 to Aug. 20, 2020Emergency declaration
Ex. UT-059Governor Gary R. Herbert, Executive Order 2020-7 (Mar. 25, 2020) (Ex. UT-059)In force from Mar. 25, 2020 to Aug. 20, 2020Health care ordersOther
Ex. UT-058Governor Gary R. Herbert, Executive Order 2020-21 (May 8, 2020) (Ex. UT-058)In force from May 8, 2020 to Aug. 20, 2020Alcohol and barsOther
Ex. UT-062Utah Legislature (Chief Sponsor Rep. Val L. Peterson; Senate Sponsor Sen. Ann Millner), H.J.R. 504, Joint Resolution Further Extending the State of Emergency Due to the Infectious Disease COVID-19 Novel Coronavirus, 2020 Fifth Special Session (June 18, 2020) (Ex. UT-062)In force from June 18, 2020 to Aug. 20, 2020Emergency declaration
Ex. UT-018Governor Gary R. Herbert, Executive Order 2020-34 (June 26, 2020) (Ex. UT-018)In force from June 29, 2020 to June 30, 2021 (issued June 26, 2020)Face-covering requirementCourts and public officesWorkplace rules

Agencies, boards and authorities: Utah

Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026
UTA notice, June 30, 2020, 'Understanding UTA's Face Covering Requirement': from July 1, 2020 all riders and employees required to wear face coverings while on the system until further notice, 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; exemptions for children under 2 and medical conditions; enforcement by information and education, masks provided; signage and announcements

Understanding UTA's Face Covering Requirement - Updates on UTA Mask Requirements

Utah Transit Authority (UTA), Utah (UTA system-wide) (Sector regulator)

Dates
In force from July 1, 2020 to Sept. 30, 2021 (issued June 30, 2020)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rules
Functions reached
WF commuting workforce (mask condition on every ride from July 1, 2020); HR (employee mask rule); CB customer access
Character
binding
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

As cases have increased in Utah recently, beginning July 1, 2020, Utah Transit Authority will require all riders and employees to wear face coverings while on the system until further notice. This is in compliance with the Salt Lake County Health Order issued on June 26, 2020 requiring face coverings to be worn in public spaces.... UTA will be enforcing the mask or face covering requirement with information and education, and will offer a mask to riders who don't have one. It is not our intention to refuse service.... Similar to the Salt Lake County Health Order, children under 2 and those who have a medical condition that prevents them from being able to wear a mask are exempt from the requirement.

Enforcement: Education-first; masks supplied; county order penalties (Utah Code Ann. § 26A-1-123) underlie the rule within Salt Lake County

Citation: Utah Transit Authority (UTA), UTA notice, June 30, 2020, 'Understanding UTA's Face Covering Requirement': from July 1, 2020 all riders and employees required to wear face coverings while on the system until further notice, 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; exemptions for children under 2 and medical conditions; enforcement by information and education, masks provided; signage and announcements (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-TRADE-BOARDS-019Utah Supreme Court, Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak (emergency diploma privilege with 360 hours of supervised practice) (Apr. 21, 2020) (Ex. AGY-ST-TRADE-BOARDS-019)In force from Apr. 21, 2020; end: one-time for candidates who applied by Apr. 1, 2020 for the July 2020 examGathering capCourts and public officesOther
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018Utah Transit Authority (UTA), UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018)In force from June 27, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rules

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 Utah

Ex. UT-026
State Public Health Order 2020-18

Adopting COVID-19 Transmission Area Restrictions

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Oct. 15, 2020 to Dec. 31, 2020 (issued Oct. 14, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venuesWorkplace rules
Functions reached
GATH; BA bars 75 percent; DR; SF household-group spacing; EV event hosts; MASK in High counties; OF
Grade
Primary source read
Days in this quarter
78 (in force on the last day)

3. Transmission area restrictions. a. Low Transmission Area restrictions... i. An individual may not attend a casual social gathering of more than 50 individuals unless each individual attending the casual social gathering wears a face mask.... b. Moderate Transmission Area restrictions... i. An individual may not attend a casual social gathering of more than 10 [individuals unless each wears a face mask]... v. A bar shall limit occupancy to 75 percent of legal capacity. c. High Transmission Area restrictions... i. An individual in a public setting and within six feet of any individual from a separate household shall wear a face covering. ii. An individual may not attend a casual social gathering of more than 10 individuals.... iv. A business, including a bar or restaurant, shall conspicuously post signage... v. A business other than a bar or restaurant shall require each household group…

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3; weekly county designations by the Department; no lowering of designation for 14 days

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-18 (Oct. 14, 2020) (Ex. UT-026) Open the exhibit

Ex. UT-027
State Public Health Order 2020-20

Updating COVID-19 Transmission Area Restrictions

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Oct. 30, 2020 to Nov. 12, 2020 (issued Oct. 29, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venuesWorkplace rules
Functions reached
GATH; BA; DR; SF; EV; MASK
Grade
Primary source read
Days in this quarter
14

Updating COVID-19 Transmission Area Restrictions [continuing the Low/Moderate/High structure of UPHO 2020-18 and 2020-19, with face masks, casual-gathering caps of 50 and 10, event-host duties and bar occupancy limits by county designation]... This Order is effective on October 30 and shall remain in effect through November 12, 2020

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-20 (Oct. 29, 2020) (Ex. UT-027) Open the exhibit

Ex. UT-032
State Public Health Order 2020-25

Temporary Statewide COVID-19 Restrictions

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Nov. 24, 2020 to Dec. 8, 2020 (issued Nov. 20, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
MASK universal indoors; BA alcohol cutoff 10:00 p.m. in High counties; 75 percent in Moderate; DR party spacing; SF; EV; OF employee masks; SP athletics testing; CP campus testing; WF
Grade
Primary source read
Days in this quarter
15

3. Restrictions on individuals. Regardless of a county's transmission index designation, an individual shall: a. while in an indoor public setting, wear a face mask and maintain at least six feet physical distance from any individual from a separate household;... 5. Restrictions on businesses... a. Statewide restrictions. Regardless of a county's transmission area designation, a business shall: i. require each employee and contractor to wear a face mask while at work;... b. High Transmission Area restrictions... i.... a business, including a restaurant or bar, shall require each patron to maintain at least six feet of physical distance from any patron from a separate party, including in an area of ingress or egress. ii. An on-premise licensee of the Department of Alcoholic Beverage Control shall not sell, offer to sell, or furnish liquor or beer after 10:00 p.m. c. Moderate Transmission…

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-25 (Nov. 20, 2020) (Ex. UT-032) Open the exhibit

Ex. UT-033
State Public Health Order 2020-26

Updated Statewide COVID-19 Restrictions

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Dec. 9, 2020 to Dec. 17, 2020 (issued Dec. 8, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesVaccination or testing
Functions reached
MASK; BA; DR; SF; EV; OF; SP; CP
Grade
Primary source read
Days in this quarter
9

Updated Statewide COVID-19 Restrictions [continuing UPHO 2020-25's statewide mask mandate, business and event-host duties, Transmission Index party-spacing and bar rules, athletics testing and campus testing]... This Order is effective December 9, 2020, and shall remain in effect through December 17, 2020

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-26 (Dec. 8, 2020) (Ex. UT-033) Open the exhibit

Ex. UT-034
State Public Health Order 2020-27

Updated Statewide COVID-19 Restrictions

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Dec. 18, 2020 to Jan. 21, 2021 (issued Dec. 17, 2020)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
MASK; BA; DR; SF; EV; OF; SP; CP
Grade
Primary source read
Days in this quarter
14 (in force on the last day)

3. Restrictions on individuals. Regardless of a county's transmission index designation, an individual shall: a. wear a face mask and maintain at least six feet physical distance from any [individual from a separate household while in an indoor public setting]; b. wear a face mask while outdoors and within six feet of any individual from a separate household; c. comply with any face mask or physical distancing requirements required by an event host or business... 5. Restrictions on businesses... a. Statewide restrictions... a business shall: i. require each employee and contractor to wear a face mask while at work;... c. Moderate Transmission Area restrictions... i. A restaurant or bar shall require at least six feet of physical distance [between each party in a waiting area]; ii. A bar shall limit occupancy to 75% of legal capacity.

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-27 (Dec. 17, 2020) (Ex. UT-034) Open the exhibit

Ex. UT-029
Executive Order 2020-73

Temporary Statewide COVID-19 Restrictions

Governor Gary R. Herbert, Utah (State)

Dates
In force from Nov. 9, 2020 to Nov. 23, 2020 (issued Nov. 8, 2020)
Quarters
2020 Q4
Limitations
Gathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesVaccination or testing
Functions reached
MASK universal; GATH social gatherings outside the household barred except hosted; BA bars closed 10:00 p.m.; DR party spacing; SF household-group spacing; EV event hosts; SP/AC athletics and extracurriculars paused; CP campus testing; OF employee and contractor masks; WF
Grade
Primary source read
Days in this quarter
15

2. Restrictions. The following restrictions apply statewide: a. Individuals. An individual: i. shall wear a face mask while within six feet of any individual from a separate household; ii. may not eat or drink within six feet of an individual from a separate household while at a bar or restaurant; and iii. may not attend a social gathering unless: A. the social gathering has an event host or occurs at a business, including a bar or restaurant; B. the individual complies with all face mask and physical distancing requirements. b. Event hosts. An event host of a social gathering shall: i. require each individual attending the social gathering to wear a face mask...; ii. require at least six feet of physical distance between individuals from separate households...; iv. complete and implement the Event Management Template provided by the Department. c. Businesses. i. A business, including a…

Enforcement: Utah Code 53-2a-209(1); Governor's release: businesses failing to comply 'will be subject to fines'

Citation: Governor Gary R. Herbert, Executive Order 2020-73 (Nov. 8, 2020) (Ex. UT-029) Open the exhibit

Ex. UT-030
Executive Order 2020-75

Temporary Statewide COVID-19 Restrictions (amended)

Governor Gary R. Herbert, Utah (State)

Dates
In force from Nov. 12, 2020 to Nov. 23, 2020
Quarters
2020 Q4
Limitations
Gathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesVaccination or testing
Functions reached
MASK; GATH; BA; DR; SF; EV; OF; SP; CP
Grade
Primary source read
Days in this quarter
12

2. Restrictions. The following restrictions apply statewide: a. Individuals. An individual: i. shall wear a face mask while within six feet of any individual from a separate household; ii. may not eat or drink within six feet of an individual from a separate household while at a bar or restaurant; and iii. may not attend a social gathering unless: A. the social gathering has an event host or occurs at a business, including a bar or restaurant; B. the individual complies with all face mask and physical distancing requirements.... This Order is declared effective immediately and shall remain in effect through November 23, 2020

Enforcement: Utah Code 53-2a-209(1)

Citation: Governor Gary R. Herbert, Executive Order 2020-75 (Nov. 12, 2020) (Ex. UT-030) Open the exhibit

Ex. UT-031
State Public Health Order 2020-24

Temporary Statewide COVID-19 Restrictions

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Nov. 12, 2020 to Nov. 23, 2020
Quarters
2020 Q4
Limitations
Gathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesVaccination or testing
Functions reached
MASK; GATH; BA; DR; SF; EV; OF; SP; CP
Grade
Primary source read
Days in this quarter
12

Temporary Statewide COVID-19 Restrictions [UDOH counterpart of EO 2020-73/-75: individual face masks within six feet of a separate household; no eating or drinking within six feet at a bar or restaurant; social gatherings only if hosted or at a business; event hosts and businesses to require masks, six-foot spacing and signage; on-premise DABC licensees restricted; athletics and extracurriculars barred with exceptions]... This Order is effective immediately and shall remain in effect through November 23, 2020

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-24 (Nov. 12, 2020) (Ex. UT-031) Open the exhibit

Ex. UT-049
Administrative Order for Court Operations During Pandemic (December 31, 2020)

Administrative Order for Court Operations During Pandemic

Utah Supreme Court and Utah Judicial Council, Utah (Court)

Dates
In force from Dec. 31, 2020 to Apr. 19, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Telework mandateGathering capFace-covering requirementCourts and public offices
Functions reached
CT in-person jury trials not conducted in Red-phase counties; CL remote hearings default; CB
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

A court will be in the Red phase whenever the COVID-19 transmission rate is accelerating. A court may move to the Yellow phase when the rate of transmission in the county has been consistently [declining]... Today's Order entirely replaces all preceding administrative orders. This Order provides directives the courts must follow during Red and Yellow phases.... Red Phase... the judiciary remains at level Red in the plan and, except for the courts that have been approved for level Yellow, all members of the Judiciary are hereby instructed to continue implementing the provisions in level Red.... 9. Except as provided below, absent exigent circumstances, all hearings shall be conducted on the papers, or through remote transmission

Enforcement: Binding administrative order; governs over conflicting rules of procedure to the extent stated

Citation: Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (December 31, 2020) (Dec. 31, 2020) (Ex. UT-049) Open the exhibit

Ex. UT-025
State Public Health Order 2020-17

Declaring a Statewide Public Health Emergency

Richard G. Saunders, Executive Director, Utah Department of Health, with the concurrence of the Governor, Utah (State)

Dates
In force from Oct. 14, 2020 to Apr. 1, 2022
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
79 (in force on the last day)

hereby declare a statewide public health emergency due to the COVID-19 pandemic. This Order is effective immediately and shall remain in effect until otherwise modified, amended, rescinded, or superseded.

Enforcement: Predicate for the Department's Transmission Index and statewide restriction orders (UPHO 2020-18 through 2021-12)

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, with the concurrence of the Governor, State Public Health Order 2020-17 (Oct. 14, 2020) (Ex. UT-025) Open the exhibit

Ex. UT-028
Executive Order 2020-72

Declaring a State of Emergency Due to Rising COVID-19 Case Counts Creating a Shortage of Hospital Beds

Governor Gary R. Herbert, Utah (State)

Dates
In force from Nov. 9, 2020 to Dec. 8, 2020 (issued Nov. 8, 2020)
Quarters
2020 Q4
Limitations
Emergency declarationHealth care orders
Functions reached
predicate; IP inpatient and ICU capacity (recitals)
Grade
Primary source read
Days in this quarter
30

WHEREAS, Utah has limited ICU capacity in referral center hospitals to which serious COVID-19 patients are referred, and 85% of such capacity is being used...; WHEREAS, if the State does not take action to mitigate the increasing strain on ICUs, hospitals will be required to implement Crisis Standards of Care...; NOW, THEREFORE, I, Gary R. Herbert, Governor of the State of Utah, declare a statewide "State of Emergency"... This Order shall take effect November 9, 2020, at 1:00 p.m. and shall remain in effect through December 8, 2020, unless extended by the Utah State Legislature

Enforcement: Predicate for EO 2020-73, -74, -75 under 53-2a-209(1)

Citation: Governor Gary R. Herbert, Executive Order 2020-72 (Nov. 8, 2020) (Ex. UT-028) Open the exhibit

Ex. UT-035
State Public Health Order 2020-28

Updated School Face Mask Order

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Dec. 18, 2020 to Jan. 21, 2021 (issued Dec. 17, 2020)
Quarters
2020 Q42021 Q1
Limitations
Face-covering requirementSchools and child careOther
Functions reached
IN; TR; WF
Grade
Primary source read
Days in this quarter
14 (in force on the last day)

2. Face mask requirement. Each individual on school property or on a school bus shall wear a face mask, except as provided in Section (3).... This Order is effective December 18, 2020, and shall remain in effect through January 21, 2021

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-28 (Dec. 17, 2020) (Ex. UT-035) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. UT-013Utah Department of Health (Phased Guidelines adopted and made mandatory by EO 2020-20, May 6, 2020, and successors), Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation, Version 4.1 (5/6/2020) (May 6, 2020) (Ex. UT-013)In force from May 6, 2020 to Aug. 14, 2020Business closureCapacity limitGathering capFace-covering requirementTravel and quarantineSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Ex. UT-023Utah Department of Health (Executive Director), State Public Health Order 2020-14 (Sept. 22, 2020) (Ex. UT-023)In force from Sept. 23, 2020 to Oct. 23, 2020 (issued Sept. 22, 2020)Capacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Ex. UT-018Governor Gary R. Herbert, Executive Order 2020-34 (June 26, 2020) (Ex. UT-018)In force from June 29, 2020 to June 30, 2021 (issued June 26, 2020)Face-covering requirementCourts and public officesWorkplace rules
Ex. UT-019Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order UPHO 2020-10 (July 17, 2020) (Ex. UT-019)In force from July 17, 2020 to Dec. 31, 2020Face-covering requirementSchools and child careOther
Ex. UT-060Utah Department of Health (Executive Director), State Public Health Order 2020-12 (Sept. 18, 2020) (Ex. UT-060)In force from Sept. 18, 2020 to Oct. 19, 2020Face-covering requirementCourts and public officesWorkplace rules
Ex. UT-024Governor Gary R. Herbert, Executive Order 2020-63 (Sept. 19, 2020) (Ex. UT-024)In force from Sept. 19, 2020 to Oct. 20, 2020Emergency declaration

Agencies, boards and authorities: Utah

Ex. AGY-ST-EDUCATION-HIGHER-ED-046
USHE release, 'Gov. Gary R. Herbert and Utah Department of Health issue weekly COVID-19 testing requirement for USHE students' (November 9, 2020), quoting the State Public Health Order's 'Restrictions on institutions of higher education'

State public health order requiring every public institution of higher education to test each student age 18 or older who lives on campus or attends at least one in-person class, weekly (reduced Nov. 23, 2020 to once every fourteen days), no later than January 1, 2021

Utah Department of Health (State Public Health Order of Nov. 8, 2020, as updated Nov. 23, 2020); recited by the Utah System of Higher Education, Utah Department of Health (State Public Health Order of November 8, 2020) as applied to the Utah System of Higher Education's eight public institutions; State level (State)

Dates
In force from Nov. 8, 2020 to Mar. 31, 2021 (issued Nov. 9, 2020)
Quarters
2020 Q42021 Q1
Limitations
Health care ordersWorkplace rulesOther
Functions reached
IN in-person instruction conditioned on student testing; CP campus housing conditioned on testing; HC testing operations imposed on campuses; WF campus workforce; CB students
Grade
Primary source read
Days in this quarter
54 (in force on the last day)

The public health order states: Restrictions on institutions of higher education. a. For the purposes of this Order, an institution of higher education, including a public or private degree-granting institution or technical college, is considered to be a business subject to Section (5). b. Beginning as soon as possible, but no later than January 1, 2021, the following institutions of higher education shall require each individual age 18 years or older who is enrolled as a student of the institution of higher education and who lives in on-campus housing or attends at least one in-person class provided by the institution of higher education to obtain a diagnostic test approved by the United States Food and Drug Administration to determine current COVID-19 infection at least once every fourteen days: i. a public degree-granting institution of higher education identified in Utah Code s.…

Enforcement: Utah Code s. 26-23-6 (violation of Department of Health orders a class B misdemeanor); the order's classification of institutions as businesses subject to its business provisions

Citation: Utah Department of Health (State Public Health Order of Nov. 8, 2020, as updated Nov. 23, 2020); recited by the Utah System of Higher Education, USHE release, 'Gov. Gary R. Herbert and Utah Department of Health issue weekly COVID-19 testing requirement for USHE students' (November 9, 2020), quoting the State Public Health Order's 'Restrictions on institutions of higher education' (Nov. 9, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-046) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-TRADE-BOARDS-019Utah Supreme Court, Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak (emergency diploma privilege with 360 hours of supervised practice) (Apr. 21, 2020) (Ex. AGY-ST-TRADE-BOARDS-019)In force from Apr. 21, 2020; end: one-time for candidates who applied by Apr. 1, 2020 for the July 2020 examGathering capCourts and public officesOther
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018Utah Transit Authority (UTA), UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018)In force from June 27, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rules
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026Utah Transit Authority (UTA), UTA notice, June 30, 2020, 'Understanding UTA's Face Covering Requirement': from July 1, 2020 all riders and employees required to wear face coverings while on the system until further notice, 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; exemptions for children under 2 and medical conditions; enforcement by information and education, masks provided; signage and announcements (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026)In force from July 1, 2020 to Sept. 30, 2021 (issued June 30, 2020)Face-covering requirementWorkplace rules

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

Federal layer

Ex. FED-060
Executive Order 13991

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

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

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

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

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

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

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563

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

Ex. FED-305
Standing Order 21-02

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

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

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

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

Enforcement: court order

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

Ex. FED-008
Memorandum of February 2, 2021

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

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

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

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

Enforcement: Funding directive

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

Ex. FED-071
Executive Order 13910

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

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

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

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

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

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

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 Utah

Ex. UT-037
State Public Health Order 2021-3

Updated Statewide COVID-19 Restrictions

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Jan. 22, 2021 to Feb. 22, 2021 (issued Jan. 21, 2021)
Quarters
2021 Q1
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
MASK; BA; DR; SF; EV; OF; EC childcare exception; SP; CP
Grade
Primary source read
Days in this quarter
32

5. Restrictions on businesses. The following restrictions apply to a business, including a bar or restaurant, regardless of whether the business is acting as an event host: a. Statewide restrictions. Regardless of a county's transmission area designation, a business shall: i. require each employee and contractor to wear a face mask while at work; ii. post conspicuous signage at each entrance...; iii. require any individual who removes their face mask to eat or drink on the premises of the business, to remain in place while eating or drinking. b. High Transmission Area restrictions... i.... a business, including a restaurant or bar, shall require each patron to maintain at least six feet of physical distance from any patron from a separate party, including in an area of ingress or egress. c. Moderate Transmission Area restrictions... i. A restaurant or bar shall require at least six feet…

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-3 (Jan. 21, 2021) (Ex. UT-037) Open the exhibit

Ex. UT-038
State Public Health Order 2021-7

Updated Statewide COVID-19 Restrictions

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Feb. 24, 2021 to Mar. 25, 2021
Quarters
2021 Q1
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
MASK; BA; DR; SF; EV; OF; SCH testing events; SP; CP
Grade
Primary source read
Days in this quarter
30

3.... a. Except as provided in Subsection (3)(b), regardless of a county's transmission index designation, an individual shall: i. wear a face mask while in an indoor public setting; ii. wear a face mask while in an outdoor public setting and within six feet of [an individual from a separate household]; iii. comply with any face mask or physical distancing requirements required by an event host or business pursuant to Sections (4) or (5).

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-7 (Feb. 24, 2021) (Ex. UT-038) Open the exhibit

Ex. UT-039
State Public Health Order 2021-9

Updated Statewide COVID-19 Restrictions

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Mar. 26, 2021 to Apr. 9, 2021
Quarters
2021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
MASK; BA; DR; SF; EV; OF; SCH; SP; CP
Grade
Primary source read
Days in this quarter
6 (in force on the last day)

3. Restrictions on individuals. Regardless of a county's transmission index designation, an individual shall: a. wear a face mask while in an indoor public setting; b. wear a face mask while in an outdoor public setting and within six feet of any [individual from a separate household]... [businesses: employee and contractor masks; signage; High Transmission Area six-foot spacing between parties; Moderate Transmission Area restaurant waiting areas and bars at 75 percent]... b. This Order supersedes State Public Health Order 2021-8. This Order is effective immediately, and shall remain in effect through April 9, 2021

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-9 (Mar. 26, 2021) (Ex. UT-039) Open the exhibit

Ex. UT-036
State Public Health Order 2021-2

Updated School Face Mask Order

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Jan. 22, 2021 to June 15, 2021 (issued Jan. 21, 2021)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementSchools and child careOther
Functions reached
IN; TR; WF
Grade
Primary source read
Days in this quarter
69 (in force on the last day)

[Each individual on school property or on a school bus shall wear a face mask, except as provided in Section (3)]... This Order is effective January 22, 2021, and shall remain in effect through June 15, 2021

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3; HB 294 sec. 26-6-33(3) allowed K-12 orders to remain to July 1, 2021

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-2 (Jan. 21, 2021) (Ex. UT-036) Open the exhibit

Ex. UT-040
H.B. 294, Pandemic Emergency Powers Amendments, 2021 General Session

Pandemic Emergency Powers Amendments

Utah Legislature (Chief Sponsor Rep. Paul Ray); signed by Governor Spencer J. Cox, Utah (State)

Dates
In force from Mar. 24, 2021 to July 1, 2021
Quarters
2021 Q12021 Q2
Limitations
Emergency declarationFace-covering requirementOther
Functions reached
end-date instrument for every general Utah restriction; MASK statewide mandate ended Apr. 10, 2021; SCH K-12 orders preserved to end of school year; preemption: local mask orders only with county legislative body approval
Grade
Primary source read
Days in this quarter
8 (in force on the last day)

26-6-33(2) Except as provided in Subsections (3), (4), and (5), any public health order in effect pertaining to any response to COVID-19 and the COVID-19 emergency issued pursuant to a public health emergency declared by the Department of Health or a local health department is terminated on the day on which the following thresholds are met: (a) the state's 14-day case rate is less than 191 per 100,000 people; (b) the statewide seven-day average COVID-19 ICU utilization is less than 15%; and (c) the Department of Health provides notice that 1,633,000 prime doses of a COVID-19 vaccine have been allocated to the state. (3)(a)... a public health order... that pertains to public health safety measures in a K-12 school may remain in place. (b) A public health order or health and safety requirement described in Subsection (3)(a) shall be terminated no later than July 1, 2021. (4)(a) Except as…

Enforcement: Self-executing statutory termination; the Department announced the thresholds met May 4, 2021 (UPHO 2021-11)

Citation: Utah Legislature (Chief Sponsor Rep. Paul Ray); signed by Governor Spencer J. Cox, H.B. 294, Pandemic Emergency Powers Amendments, 2021 General Session (Mar. 24, 2021) (Ex. UT-040) Open the exhibit

Ex. UT-046
S.B. 107, In-person Instruction Prioritization, 2021 General Session (Session Law ch. 435)

In-person Instruction Prioritization (Test to Stay)

Utah Legislature (Chief Sponsor Sen. Todd D. Weiler); signed by Governor Spencer J. Cox, Utah (State)

Dates
In force from Mar. 24, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Schools and child careVaccination or testingQuarantine and isolationOther
Functions reached
IN in-person attendance conditioned on testing; WF parents of students excluded pending negative test; RL remote learning option required; CP higher-education in-person course quota
Grade
Primary source read
Days in this quarter
8 (in force on the last day)

53G-9-210. Requirement for in-person instruction -- Test to stay programs. (1)(a) 'Case threshold' means as applicable, the number of students in a school, or [percentage of the student body, that triggers a test to stay program: 2 percent for schools of 1,500 or more students; 30 cases for smaller schools]... [an LEA is required to initiate a test to stay program for the school when the case threshold is reached; students cannot attend in person while a school is in Test to Stay unless the student tests negative; LEAs must provide remote learning options]... 53B-16-111. In-person instruction.... an institution of higher education shall offer... in-person courses that is at least 75% of the number of in-person courses that the institution [offered before the pandemic]

Enforcement: Statutory duty on LEAs; Department of Health testing support (26-6-33); OLRGC summary of Sept. 15, 2021

Citation: Utah Legislature (Chief Sponsor Sen. Todd D. Weiler); signed by Governor Spencer J. Cox, S.B. 107, In-person Instruction Prioritization, 2021 General Session (Session Law ch. 435) (Mar. 24, 2021) (Ex. UT-046) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. UT-034Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-27 (Dec. 17, 2020) (Ex. UT-034)In force from Dec. 18, 2020 to Jan. 21, 2021 (issued Dec. 17, 2020)Capacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rulesVaccination or testingQuarantine and isolation
Ex. UT-049Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (December 31, 2020) (Dec. 31, 2020) (Ex. UT-049)In force from Dec. 31, 2020 to Apr. 19, 2021Telework mandateGathering capFace-covering requirementCourts and public offices
Ex. UT-018Governor Gary R. Herbert, Executive Order 2020-34 (June 26, 2020) (Ex. UT-018)In force from June 29, 2020 to June 30, 2021 (issued June 26, 2020)Face-covering requirementCourts and public officesWorkplace rules
Ex. UT-025Richard G. Saunders, Executive Director, Utah Department of Health, with the concurrence of the Governor, State Public Health Order 2020-17 (Oct. 14, 2020) (Ex. UT-025)In force from Oct. 14, 2020 to Apr. 1, 2022Emergency declaration
Ex. UT-035Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-28 (Dec. 17, 2020) (Ex. UT-035)In force from Dec. 18, 2020 to Jan. 21, 2021 (issued Dec. 17, 2020)Face-covering requirementSchools and child careOther

Agencies, boards and authorities: Utah

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018Utah Transit Authority (UTA), UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018)In force from June 27, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rules
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026Utah Transit Authority (UTA), UTA notice, June 30, 2020, 'Understanding UTA's Face Covering Requirement': from July 1, 2020 all riders and employees required to wear face coverings while on the system until further notice, 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; exemptions for children under 2 and medical conditions; enforcement by information and education, masks provided; signage and announcements (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026)In force from July 1, 2020 to Sept. 30, 2021 (issued June 30, 2020)Face-covering requirementWorkplace rules
Ex. AGY-ST-EDUCATION-HIGHER-ED-046Utah Department of Health (State Public Health Order of Nov. 8, 2020, as updated Nov. 23, 2020); recited by the Utah System of Higher Education, USHE release, 'Gov. Gary R. Herbert and Utah Department of Health issue weekly COVID-19 testing requirement for USHE students' (November 9, 2020), quoting the State Public Health Order's 'Restrictions on institutions of higher education' (Nov. 9, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-046)In force from Nov. 8, 2020 to Mar. 31, 2021 (issued Nov. 9, 2020)Health care ordersWorkplace rulesOther

End of general restrictions, State of Utah: HB 294, Pandemic Emergency Powers Amendments, 2021 Gen. Sess. (signed Mar. 24, 2021), Utah Code 26-6-33(2), (4)(a) (UT-040), applied by State Public Health Order 2021-11 (May 4, 2021) (UT-043), which recites that 'the criteria requiring termination of certain public health orders pertaining to COVID-19 has been met' and supersedes UPHO 2021-10 (2021-05-04 (statewide mask requirement terminated earlier, 2021-04-10, by 26-6-33(4)(a))). What remained: K-12 school face mask and Test to Play order (UPHO 2021-11, superseded by UPHO 2021-12 effective May 14, 2021, through the Monday of the last week of the 2020-21 school year; Ballotpedia reports the Governor ended the K-12 requirement May 15, 2021); the Department of Health's statewide public health emergency declaration (UPHO 2020-17, preserved by 26-6-33(5)(a); reported ended April 1, 2022); the Utah Supreme Court and Judicial Council pandemic administrative orders (Yellow phase from June 7, 2021; courthouse mask mandate from July 30, 2021; remote appellate arguments through Sept. 30, 2021); the Test to Stay statute, Utah Code 53G-9-210 (SB 107), for the 2021-22 school year; the SB 195 order-of-constraint regime for local health departments (Grand County K-6 mask order Aug. 19, 2021; Summit County and Salt Lake City school mask orders, SLC metro file); the federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS).

Preemption of local orders, State of Utah: Utah's model was a State floor with local orders above it by State consent, then State termination of local orders by statute. The Stay Safe, Stay Home Directive (Mar. 27, 2020) stated: 'These directives establish minimum statewide standards. After consultation with, and consent of the State, local authorities may impose more stringent directives and orders to address the unique situations in different areas of Utah.' From May 1, 2020, EO 2020-19 sec. 4 required any political subdivision 'desiring an exception to this Order or the Phased Guidelines' to submit the request through its local health department to the Department of Health; the Southeast Utah Health Department's own order of April 30, 2020 (UT-056) records that the Governor's order 'applies to all counties within the state, and supersedes all local public health orders, except where exceptions are granted by the Governor in consultation with the Public Health and Economic Emergency Commission,' and that the county stay-home orders therefore expired at 12:01 a.m. May 1, 2020 (Grand County's lodging limits continued as an approved exception). Local mask mandates required Department approval (Salt Lake County, June 27, 2020; Summit and Grand Counties) until EO 2020-50 sec. 5 (Aug. 14, 2020) allowed a political subdivision to adopt one 'without prior approval from the Utah Department of Health by notifying the Utah Department of Health.' In 2021 the Legislature took the field: SB 195 (signed Mar. 24, 2021, effective May 5, 2021) required a local health department to give notice to the county chief executive before issuing an 'order of constraint' (defined to include a stay-at-home order), let the county governing body terminate any such order by majority vote, limited a local public health emergency to 30 days absent county legislative extension, and let the Legislature terminate by joint resolution any order of constraint in effect more than 30 days (Utah Code 26A-1-114, 26-23b-104); HB 294 (Mar. 24, 2021) terminated every State and local COVID order on the thresholds, allowed a local mask order only 'with approval from the relevant county legislative body' (26A-1-130(4)(c)), and terminated the statewide mask requirement April 10, 2021; HB 1007 (May 28, 2021) barred every school board, LEA and institution of higher education from requiring face coverings after the 2020-21 year, leaving the local-health-department path the only lawful route to a school mask order. Under that path the Salt Lake County Council terminated its health department's K-12 mask order in August 2021 (SLC metro file), while Grand County's commission approved the Southeast Utah Health Department's K-6 order (effective Aug. 19, 2021) and Summit County's council supported its health department's school orders (Aug. 21 and Sept. 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 Utah

Ex. UT-042
State Public Health Order 2021-10

Updated Statewide COVID-19 Restrictions

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from Apr. 10, 2021 to June 15, 2021 (issued Apr. 9, 2021)
Quarters
2021 Q2
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
EV organized events (masks; attendee quarantine confirmation; exposure notice within 24 hours); DR party spacing in High counties; SF signage; SP; CP
Grade
Primary source read
Days in this quarter
67

3. Restrictions on individuals. Regardless of a county's transmission index designation, an individual shall wear a face mask while attending an organized event.... 4.... an event host of an organized event shall:... iii. require each individual attending the organized event to wear a face mask... 5.... a. Statewide restrictions. Regardless of a county's transmission index designation, a business shall post conspicuous signage at each entrance... b. Moderate Transmission Area restriction... a restaurant shall require each party in a waiting area to maintain at least six feet of physical distance from any separate party. c. High Transmission Area restriction... i.... a business, including a restaurant or bar, shall require each patron to maintain at least six feet of physical distance from any patron of a separate party, including in an area of ingress or egress.... b. This order…

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-10 (Apr. 9, 2021) (Ex. UT-042) Open the exhibit

Ex. UT-050
Administrative Order for Court Operations During Pandemic (June 3, 2021)

Administrative Order for Court Operations During Pandemic

Utah Supreme Court and Utah Judicial Council, Utah (Court)

Dates
In force from June 7, 2021 to Sept. 17, 2021 (issued June 3, 2021)
Quarters
2021 Q22021 Q3
Limitations
Telework mandateGathering capCourts and public offices
Functions reached
CT phased return of in-person hearings and jury trials; CL remote hearings continued in transition; CB
Grade
Primary source read
Days in this quarter
24 (in force on the last day)

Governor Gary Herbert and Governor Spencer Cox declared a state of emergency. In light of the Governor's declaration, and to protect the public and all court participants, the Utah Judiciary continues to implement its Pandemic Response Plan.... Beginning June 7, 2021, all courts may operate in the Yellow phase if their risk response plan has been approved by the Management Committee.... All districts and individual court locations must give priority to resuming in court proceedings that are not capable of being held remotely, such as jury trials.... Except for the May 21, 2021 Administrative Order ending the mask mandate, today's Order entirely replaces all preceding administrative orders.... This Order provides directives the courts must follow during Red and Yellow phases

Enforcement: Binding administrative order

Citation: Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (June 3, 2021) (Ex. UT-050) Open the exhibit

Ex. UT-043
State Public Health Order 2021-11

Updated School Face Mask and Test to Play Order

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from May 4, 2021 to June 15, 2021
Quarters
2021 Q2
Limitations
Face-covering requirementSchools and child careVaccination or testingQuarantine and isolation
Functions reached
IN; TR; SP; WF
Grade
Primary source read
Days in this quarter
43

WHEREAS, Utah Code sec. 26-6-33(2) terminates any public health order in effect pertaining to COVID-19, other than orders pertaining to K-12 schools, when the state's COVID-19 14 day case rate is less than 191 per 100,000 people; the statewide seven-day average COVID-19 ICU utilization is less than 15%; and 1,633,000 prime doses of a COVID-19 vaccine has been allocated to the State; WHEREAS, the criteria requiring termination of certain public health orders pertaining to COVID-19 has been met;... 2. Face mask requirement. Each individual on school property or on a school bus shall wear a face mask, except as provided in Section (3).... 6. High school athletic events and extracurricular activities. A person may not sponsor [or participate unless testing and quarantine conditions are met]... b. This order supersedes State Public Health Orders 2021-2 and 2021-10. This Order is effective May…

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-11 (May 4, 2021) (Ex. UT-043) Open the exhibit

Ex. UT-041
S.B. 195, Emergency Response Amendments, 2021 General Session

Emergency Response Amendments

Utah Legislature (Chief Sponsor Sen. Evan J. Vickers); signed by Governor Spencer J. Cox, Utah (State)

Dates
In force from May 5, 2021 to Sept. 30, 2021 (issued Mar. 24, 2021)
Quarters
2021 Q22021 Q3
Limitations
Emergency declarationOther
Functions reached
framework for every Q3 2021 local order (Grand, Summit, Salt Lake Counties); WS religious gatherings (parity rule); QUAR isolation and quarantine orders defined as orders of constraint
Grade
Primary source read
Days in this quarter
57 (in force on the last day)

26-23b-104(4)(a) [a public health emergency declared by the department expires at the earliest of]... (ii) 30 days after the date on which the department declared the public health emergency...; (iii) the day on which the public health emergency is terminated by a joint resolution of the Legislature; (b)(i) The Legislature, by joint resolution, may extend a public health emergency for a time period designated in the joint resolution.... (5)(a) The Legislature may at any time terminate by joint resolution an order of constraint issued by the department... 26A-1-114... a local health department may not declare a public health emergency or issue an order of constraint until the local health department has provided notice of the proposed action to the chief executive officer [of the relevant county]... The relevant county governing body may at any time terminate a public health emergency or…

Enforcement: Statutory limits on the duration and survival of every emergency declaration and order of constraint; legislative and county termination powers

Citation: Utah Legislature (Chief Sponsor Sen. Evan J. Vickers); signed by Governor Spencer J. Cox, S.B. 195, Emergency Response Amendments, 2021 General Session (Mar. 24, 2021) (Ex. UT-041) Open the exhibit

Ex. UT-044
State Public Health Order 2021-12

Updated School Face Mask and Test to Play Order

Richard G. Saunders, Executive Director, Utah Department of Health, Utah (State)

Dates
In force from May 14, 2021 to May 31, 2021 (issued May 13, 2021)
Quarters
2021 Q2
Limitations
Face-covering requirementSchools and child careVaccination or testingQuarantine and isolation
Functions reached
IN; TR; SP; WF
Grade
Primary source read
Days in this quarter
18

2. Face mask requirement. Each individual on school property or on a school bus shall wear a face mask, except as provided in Section (3).... b. This order supersedes State Public Health Orders 2021-2 and 2021-10. This Order is effective May 14, 2021 at 4pm and shall remain in effect until the Monday of the last week of the 2020-21 school year or, in the case of non-traditional school, May 31, 2021

Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3

Citation: Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-12 (May 13, 2021) (Ex. UT-044) Open the exhibit

Ex. UT-045
H.B. 1007, Face Covering Requirements, 2021 First Special Session

Face Covering Requirements

Utah Legislature (Chief Sponsor Rep. Val L. Peterson); signed by Governor Spencer J. Cox, Utah (State)

Dates
In force from May 28, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementSchools and child careVaccination or testingOther
Functions reached
IN in-person instruction (schools barred from imposing masks); CP campus housing; AC athletics; framework for the Aug.-Sept. 2021 county school mask orders
Grade
Primary source read
Days in this quarter
34 (in force on the last day)

53B-2-113(3)(b) An institution of higher education described in Section 53B-2-101 may not require an individual to wear a face covering to attend or participate in in-person instruction, institution-sponsored athletics, institution-sponsored extracurricular activities, in dormitories, or in any other place on a campus of an institution within the system of higher education at any time after the end of the spring semester in 2021.... (5) Nothing in this section restricts a state or local health department from acting under applicable law to contain the spread of an infectious disease.... (1) An institution of higher education... may not require proof of vaccination as a condition for enrollment or attendance unless the institution allows for the following exemptions: (a) a medical exemption...; and (b) a personal exemption...

Enforcement: Statutory prohibition; the local-health-department path (26-6-33(4)(c); SB 195 order-of-constraint regime) preserved

Citation: Utah Legislature (Chief Sponsor Rep. Val L. Peterson); signed by Governor Spencer J. Cox, H.B. 1007, Face Covering Requirements, 2021 First Special Session (May 28, 2021) (Ex. UT-045) Open the exhibit

Continuing in force from an earlier quarter of this report (7 instruments):

ExhibitCitationDatesLimitations
Ex. UT-039Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-9 (Mar. 26, 2021) (Ex. UT-039)In force from Mar. 26, 2021 to Apr. 9, 2021Capacity limitGathering capFace-covering requirementSchools and child careEvents and venuesWorkplace rulesVaccination or testingQuarantine and isolation
Ex. UT-049Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (December 31, 2020) (Dec. 31, 2020) (Ex. UT-049)In force from Dec. 31, 2020 to Apr. 19, 2021Telework mandateGathering capFace-covering requirementCourts and public offices
Ex. UT-018Governor Gary R. Herbert, Executive Order 2020-34 (June 26, 2020) (Ex. UT-018)In force from June 29, 2020 to June 30, 2021 (issued June 26, 2020)Face-covering requirementCourts and public officesWorkplace rules
Ex. UT-025Richard G. Saunders, Executive Director, Utah Department of Health, with the concurrence of the Governor, State Public Health Order 2020-17 (Oct. 14, 2020) (Ex. UT-025)In force from Oct. 14, 2020 to Apr. 1, 2022Emergency declaration
Ex. UT-036Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-2 (Jan. 21, 2021) (Ex. UT-036)In force from Jan. 22, 2021 to June 15, 2021 (issued Jan. 21, 2021)Face-covering requirementSchools and child careOther
Ex. UT-040Utah Legislature (Chief Sponsor Rep. Paul Ray); signed by Governor Spencer J. Cox, H.B. 294, Pandemic Emergency Powers Amendments, 2021 General Session (Mar. 24, 2021) (Ex. UT-040)In force from Mar. 24, 2021 to July 1, 2021Emergency declarationFace-covering requirementOther
Ex. UT-046Utah Legislature (Chief Sponsor Sen. Todd D. Weiler); signed by Governor Spencer J. Cox, S.B. 107, In-person Instruction Prioritization, 2021 General Session (Session Law ch. 435) (Mar. 24, 2021) (Ex. UT-046)In force from Mar. 24, 2021 to Sept. 30, 2021Schools and child careVaccination or testingQuarantine and isolationOther

Agencies, boards and authorities: Utah

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018Utah Transit Authority (UTA), UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018)In force from June 27, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rules
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026Utah Transit Authority (UTA), UTA notice, June 30, 2020, 'Understanding UTA's Face Covering Requirement': from July 1, 2020 all riders and employees required to wear face coverings while on the system until further notice, 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; exemptions for children under 2 and medical conditions; enforcement by information and education, masks provided; signage and announcements (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026)In force from July 1, 2020 to Sept. 30, 2021 (issued June 30, 2020)Face-covering requirementWorkplace rules

End of general restrictions, State of Utah: HB 294, Pandemic Emergency Powers Amendments, 2021 Gen. Sess. (signed Mar. 24, 2021), Utah Code 26-6-33(2), (4)(a) (UT-040), applied by State Public Health Order 2021-11 (May 4, 2021) (UT-043), which recites that 'the criteria requiring termination of certain public health orders pertaining to COVID-19 has been met' and supersedes UPHO 2021-10 (2021-05-04 (statewide mask requirement terminated earlier, 2021-04-10, by 26-6-33(4)(a))). What remained: K-12 school face mask and Test to Play order (UPHO 2021-11, superseded by UPHO 2021-12 effective May 14, 2021, through the Monday of the last week of the 2020-21 school year; Ballotpedia reports the Governor ended the K-12 requirement May 15, 2021); the Department of Health's statewide public health emergency declaration (UPHO 2020-17, preserved by 26-6-33(5)(a); reported ended April 1, 2022); the Utah Supreme Court and Judicial Council pandemic administrative orders (Yellow phase from June 7, 2021; courthouse mask mandate from July 30, 2021; remote appellate arguments through Sept. 30, 2021); the Test to Stay statute, Utah Code 53G-9-210 (SB 107), for the 2021-22 school year; the SB 195 order-of-constraint regime for local health departments (Grand County K-6 mask order Aug. 19, 2021; Summit County and Salt Lake City school mask orders, SLC metro file); the federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS).

Preemption of local orders, State of Utah: Utah's model was a State floor with local orders above it by State consent, then State termination of local orders by statute. The Stay Safe, Stay Home Directive (Mar. 27, 2020) stated: 'These directives establish minimum statewide standards. After consultation with, and consent of the State, local authorities may impose more stringent directives and orders to address the unique situations in different areas of Utah.' From May 1, 2020, EO 2020-19 sec. 4 required any political subdivision 'desiring an exception to this Order or the Phased Guidelines' to submit the request through its local health department to the Department of Health; the Southeast Utah Health Department's own order of April 30, 2020 (UT-056) records that the Governor's order 'applies to all counties within the state, and supersedes all local public health orders, except where exceptions are granted by the Governor in consultation with the Public Health and Economic Emergency Commission,' and that the county stay-home orders therefore expired at 12:01 a.m. May 1, 2020 (Grand County's lodging limits continued as an approved exception). Local mask mandates required Department approval (Salt Lake County, June 27, 2020; Summit and Grand Counties) until EO 2020-50 sec. 5 (Aug. 14, 2020) allowed a political subdivision to adopt one 'without prior approval from the Utah Department of Health by notifying the Utah Department of Health.' In 2021 the Legislature took the field: SB 195 (signed Mar. 24, 2021, effective May 5, 2021) required a local health department to give notice to the county chief executive before issuing an 'order of constraint' (defined to include a stay-at-home order), let the county governing body terminate any such order by majority vote, limited a local public health emergency to 30 days absent county legislative extension, and let the Legislature terminate by joint resolution any order of constraint in effect more than 30 days (Utah Code 26A-1-114, 26-23b-104); HB 294 (Mar. 24, 2021) terminated every State and local COVID order on the thresholds, allowed a local mask order only 'with approval from the relevant county legislative body' (26A-1-130(4)(c)), and terminated the statewide mask requirement April 10, 2021; HB 1007 (May 28, 2021) barred every school board, LEA and institution of higher education from requiring face coverings after the 2020-21 year, leaving the local-health-department path the only lawful route to a school mask order. Under that path the Salt Lake County Council terminated its health department's K-12 mask order in August 2021 (SLC metro file), while Grand County's commission approved the Southeast Utah Health Department's K-6 order (effective Aug. 19, 2021) and Summit County's council supported its health department's school orders (Aug. 21 and Sept. 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 Utah

Ex. UT-052
Order Suspending In-Person Oral Arguments and Meetings Through September 30, 2021

Utah Supreme Court (Chief Justice Matthew B. Durrant) and Utah Court of Appeals (Presiding Judge Michele Christiansen Forster), Utah (Court)

Dates
In force from Aug. 12, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Telework mandateGathering capCourts and public offices
Functions reached
CT appellate practice remote; CS client meetings and court appearances; OF
Grade
Primary source read
Days in this quarter
50 (in force on the last day)

In consideration of the continuing public health threat posed by COVID-19, the Utah Supreme Court and Utah Court of Appeals hereby reinstitute the February 19, 2021 order requiring all oral arguments and appellate court committee meetings be conducted remotely through September 30, 2021. We will continue monitoring the crisis on a weekly basis and may overturn or extend this Order based on the circumstances at that time.

Enforcement: Binding order of both appellate courts

Citation: Utah Supreme Court (Chief Justice Matthew B. Durrant) and Utah Court of Appeals (Presiding Judge Michele Christiansen Forster), Order Suspending In-Person Oral Arguments and Meetings Through September 30, 2021 (Aug. 12, 2021) (Ex. UT-052) Open the exhibit

Ex. UT-053
Administrative Order for Court Operations During Pandemic (September 17, 2021)

Administrative Order for Court Operations During Pandemic

Utah Supreme Court and Utah Judicial Council, Utah (Court)

Dates
In force from Sept. 17, 2021 to Jan. 18, 2022
Quarters
2021 Q3
Limitations
Telework mandateGathering capFace-covering requirementCourts and public offices
Functions reached
CT courthouse access and phased operations; CL; CB; OF
Grade
Primary source read
Days in this quarter
14 (in force on the last day)

On July 28, 2021 an Administrative Order imposed a mask mandate for individuals who enter the courthouse. Today's Order entirely replaces all preceding administrative orders.... This Order provides directives the courts must follow during Red and Yellow phases of operation, incorporates the mask mandate with clarifications, and authorizes the courts in the state to continue to operate in the Yellow phase.... Mask Mandate... [if a court is located in a] moderate or high transmission index county, then individuals who enter court buildings are required to wear a mask over their nose and mouth while in court buildings. The court must supply a mask to an individual who is not wearing a mask. An individual who refuses to wear a mask may not enter the courthouse and may be removed from the courthouse for failure to wear a mask

Enforcement: Binding administrative order; exclusion from the courthouse

Citation: Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (September 17, 2021) (Sept. 17, 2021) (Ex. UT-053) Open the exhibit

Ex. UT-051
Administrative Order (July 28, 2021) reinstating a courthouse mask mandate

Administrative Order (courthouse mask mandate)

Utah Judicial Council (Chief Justice Matthew B. Durrant), Utah (Court)

Dates
In force from July 30, 2021 to Sept. 17, 2021 (issued July 28, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT courthouse access conditioned on masking; CB litigants, jurors, attorneys; OF court personnel
Grade
Primary source read
Days in this quarter
50

The recent increase in cases is attributed to the Delta variant... It is therefore ordered as follows: 1. The May 21, 2021 Administrative Order ending the mask mandate is rescinded. 2. Effective Friday July 30, 2021, if a court is located in a county that has been [designated a moderate or high] transmission index county, then Court patrons and court personnel are required to wear a mask over their nose and mouth while in court buildings. The court must supply a mask to an individual who is not wearing a mask.

Enforcement: Binding administrative order; refusal bars entry (Sept. 17, 2021 order)

Citation: Utah Judicial Council (Chief Justice Matthew B. Durrant), Administrative Order (July 28, 2021) reinstating a courthouse mask mandate (Ex. UT-051) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. UT-050Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (June 3, 2021) (Ex. UT-050)In force from June 7, 2021 to Sept. 17, 2021 (issued June 3, 2021)Telework mandateGathering capCourts and public offices
Ex. UT-025Richard G. Saunders, Executive Director, Utah Department of Health, with the concurrence of the Governor, State Public Health Order 2020-17 (Oct. 14, 2020) (Ex. UT-025)In force from Oct. 14, 2020 to Apr. 1, 2022Emergency declaration
Ex. UT-046Utah Legislature (Chief Sponsor Sen. Todd D. Weiler); signed by Governor Spencer J. Cox, S.B. 107, In-person Instruction Prioritization, 2021 General Session (Session Law ch. 435) (Mar. 24, 2021) (Ex. UT-046)In force from Mar. 24, 2021 to Sept. 30, 2021Schools and child careVaccination or testingQuarantine and isolationOther
Ex. UT-041Utah Legislature (Chief Sponsor Sen. Evan J. Vickers); signed by Governor Spencer J. Cox, S.B. 195, Emergency Response Amendments, 2021 General Session (Mar. 24, 2021) (Ex. UT-041)In force from May 5, 2021 to Sept. 30, 2021 (issued Mar. 24, 2021)Emergency declarationOther
Ex. UT-045Utah Legislature (Chief Sponsor Rep. Val L. Peterson); signed by Governor Spencer J. Cox, H.B. 1007, Face Covering Requirements, 2021 First Special Session (May 28, 2021) (Ex. UT-045)In force from May 28, 2021 to Sept. 30, 2021Face-covering requirementSchools and child careVaccination or testingOther

Agencies, boards and authorities: Utah

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018Utah Transit Authority (UTA), UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018)In force from June 27, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rules
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026Utah Transit Authority (UTA), UTA notice, June 30, 2020, 'Understanding UTA's Face Covering Requirement': from July 1, 2020 all riders and employees required to wear face coverings while on the system until further notice, 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; exemptions for children under 2 and medical conditions; enforcement by information and education, masks provided; signage and announcements (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026)In force from July 1, 2020 to Sept. 30, 2021 (issued June 30, 2020)Face-covering requirementWorkplace rules

End of general restrictions, State of Utah: HB 294, Pandemic Emergency Powers Amendments, 2021 Gen. Sess. (signed Mar. 24, 2021), Utah Code 26-6-33(2), (4)(a) (UT-040), applied by State Public Health Order 2021-11 (May 4, 2021) (UT-043), which recites that 'the criteria requiring termination of certain public health orders pertaining to COVID-19 has been met' and supersedes UPHO 2021-10 (2021-05-04 (statewide mask requirement terminated earlier, 2021-04-10, by 26-6-33(4)(a))). What remained: K-12 school face mask and Test to Play order (UPHO 2021-11, superseded by UPHO 2021-12 effective May 14, 2021, through the Monday of the last week of the 2020-21 school year; Ballotpedia reports the Governor ended the K-12 requirement May 15, 2021); the Department of Health's statewide public health emergency declaration (UPHO 2020-17, preserved by 26-6-33(5)(a); reported ended April 1, 2022); the Utah Supreme Court and Judicial Council pandemic administrative orders (Yellow phase from June 7, 2021; courthouse mask mandate from July 30, 2021; remote appellate arguments through Sept. 30, 2021); the Test to Stay statute, Utah Code 53G-9-210 (SB 107), for the 2021-22 school year; the SB 195 order-of-constraint regime for local health departments (Grand County K-6 mask order Aug. 19, 2021; Summit County and Salt Lake City school mask orders, SLC metro file); the federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS).

Preemption of local orders, State of Utah: Utah's model was a State floor with local orders above it by State consent, then State termination of local orders by statute. The Stay Safe, Stay Home Directive (Mar. 27, 2020) stated: 'These directives establish minimum statewide standards. After consultation with, and consent of the State, local authorities may impose more stringent directives and orders to address the unique situations in different areas of Utah.' From May 1, 2020, EO 2020-19 sec. 4 required any political subdivision 'desiring an exception to this Order or the Phased Guidelines' to submit the request through its local health department to the Department of Health; the Southeast Utah Health Department's own order of April 30, 2020 (UT-056) records that the Governor's order 'applies to all counties within the state, and supersedes all local public health orders, except where exceptions are granted by the Governor in consultation with the Public Health and Economic Emergency Commission,' and that the county stay-home orders therefore expired at 12:01 a.m. May 1, 2020 (Grand County's lodging limits continued as an approved exception). Local mask mandates required Department approval (Salt Lake County, June 27, 2020; Summit and Grand Counties) until EO 2020-50 sec. 5 (Aug. 14, 2020) allowed a political subdivision to adopt one 'without prior approval from the Utah Department of Health by notifying the Utah Department of Health.' In 2021 the Legislature took the field: SB 195 (signed Mar. 24, 2021, effective May 5, 2021) required a local health department to give notice to the county chief executive before issuing an 'order of constraint' (defined to include a stay-at-home order), let the county governing body terminate any such order by majority vote, limited a local public health emergency to 30 days absent county legislative extension, and let the Legislature terminate by joint resolution any order of constraint in effect more than 30 days (Utah Code 26A-1-114, 26-23b-104); HB 294 (Mar. 24, 2021) terminated every State and local COVID order on the thresholds, allowed a local mask order only 'with approval from the relevant county legislative body' (26A-1-130(4)(c)), and terminated the statewide mask requirement April 10, 2021; HB 1007 (May 28, 2021) barred every school board, LEA and institution of higher education from requiring face coverings after the 2020-21 year, leaving the local-health-department path the only lawful route to a school mask order. Under that path the Salt Lake County Council terminated its health department's K-12 mask order in August 2021 (SLC metro file), while Grand County's commission approved the Southeast Utah Health Department's K-6 order (effective Aug. 19, 2021) and Summit County's council supported its health department's school orders (Aug. 21 and Sept. 2021).

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

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):

  • UT-025 UPHO 2020-17 statewide public health emergency declaration (UDOH; 'until otherwise modified, amended, rescinded, or superseded'; preserved by Utah Code 26-6-33(5)(a); reported ended Apr. 1, 2022)
  • UT-050 Utah Supreme Court and Judicial Council Administrative Order of June 3, 2021 (Yellow phase from June 7; Red/Yellow directives) until superseded Sept. 17, 2021
  • UT-051 Utah Judicial Council Administrative Order of July 28, 2021 (courthouse mask mandate effective July 30, 2021 in moderate or high transmission index counties)
  • UT-052 Utah Supreme Court and Court of Appeals Order of Aug. 12, 2021 (in-person oral arguments and appellate committee meetings suspended through Sept. 30, 2021)
  • UT-053 Utah Supreme Court and Judicial Council Administrative Order of Sept. 17, 2021 (mask mandate incorporated; all courts continue in Yellow phase)
  • UT-046 SB 107 (2021), Utah Code 53G-9-210 Test to Stay (2021-22 school year: schoolwide testing at 2 percent or 30 cases; no in-person attendance without a negative test)
  • UT-045 HB 1007 (2021 1st Sp. Sess.), Utah Code 53B-2-113(3), 53B-3-103(2)(d), 53G-9-210 (no school or college face-covering requirement; local health department path preserved)
  • UT-041 SB 195 (2021), Utah Code 26A-1-114, 26-23b-104 (order-of-constraint regime governing every local COVID order in Q3 2021)
  • Summit County Health Department school mask orders (Aug. 21 and Sept. 2021) and Salt Lake City Mayor's school mask proclamation (Aug. 20, 2021): SLC metro file
  • Federal layer: CDC conveyance mask order (86 Fed. Reg. 8025), TSA security directives, OSHA Healthcare ETS (29 C.F.R. 1910.502), CMS conditions: FED files

5. Standing duties in Utah

Utah law placed every person, every employer and every owner or operator of premises under standing duties that made the pandemic measures compulsory from the first day of the Governor's state of emergency (March 6, 2020) through the third quarter of 2021 and beyond, and it attached criminal and civil penalties to every lawful order of the Department of Health and of the thirteen local health departments. The Health Code charged the Department to 'investigate and control the causes of epidemic infections and communicable disease' and to 'provide for the detection, reporting, prevention, and control of communicable diseases' (Utah Code section 26-6-3(1), Ex. DUT-UT-002), and gave it the powers to 'establish, maintain, and enforce isolation and quarantine, and for this purpose only, exercise physical control over property and individuals,' to 'close theaters, schools, and other public places and forbid gatherings of people when necessary to protect the public health,' and to 'abate nuisances when necessary to eliminate sources of filth and infectious and communicable diseases' (section 26-1-30(10)-(12), Ex. DUT-UT-001). Every local health department held the same powers in its jurisdiction, including the power to 'establish, maintain, and enforce isolation and quarantine, and exercise physical control over property and over individuals' and to 'close theaters, schools, and other public places and prohibit gatherings of people' (section 26A-1-114(1)(b), (e), Ex. DUT-UT-004). The Department and the local departments could issue a written or verbal 'order of restriction' requiring an individual or a group of individuals to submit to examination, treatment, isolation or quarantine (sections 26-6b-2(3), 26-6b-3, Exs. DUT-UT-006, DUT-UT-007). Every State Public Health Order in the library recites sections 26-1-10, 26-1-30 and 26-6-3 as its authority. Violation of 'lawful orders of the department or a local health department' was a class B misdemeanor on the first violation and a class A misdemeanor on a subsequent violation within two years, with a civil penalty of up to $10,000 per violation, liability for abatement expenses, and 'each day of violation' a separate violation (section 26-23-6, Ex. DUT-UT-003); the parallel local-health offense made it unlawful to 'violate, disobey, or disregard any notice or order issued by a local health department' and to fail to abate a 'health hazard' on private property under the person's control 'whether the person, association, or corporation is the owner, tenant, or occupant' (section 26A-1-123(1)(b), (e), (5), Ex. DUT-UT-005). The Disaster Response and Recovery Act gave every order of the Governor, a municipality or a county issued under it 'the full force and effect of law during the state of emergency' (section 53-2a-209(1), Ex. DUT-UT-008), and authorized the Governor to 'employ measures and give direction to state and local officers and agencies... for the purpose of securing compliance' with those orders and to 'control ingress and egress to and from a disaster area, the movement of persons within the area' (section 53-2a-204(1)(b), (f), Ex. DUT-UT-009); the Act carries no free-standing criminal penalty, and the Department of Health issued concurrent State Public Health Orders carrying the Governor's restrictions under the Health Code, to which section 26-23-6 attaches (Exs. UT-031, UT-032). Every Utah employer was bound, as a State-plan employer, by the Utah Occupational Safety and Health Act: 'Each employer shall: (a) furnish to each of its employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees; and (b) comply with occupational safety and health standards promulgated under this chapter' (section 34A-6-201(1), Ex. DUT-UT-011), enforced by civil penalties of up to $7,000 per violation and $70,000 per willful violation (section 34A-6-307, Ex. DUT-UT-012). The Labor Commission gave that duty COVID-19 content twice: in May 2020 it published 'Protecting High-Risk Individuals: Recommendations for the Workplace,' a document of recommendations ('should') built on the CDC guidelines and the Utah Leads Together 2.0 plan (Ex. DUT-UT-017), and on November 9, 2020, 'at the direction of Governor Gary Herbert,' it adopted the emergency rule R614-1-5.F: 'every employee shall be required to wear a face mask while that employee is at work,' a 120-day emergency rule filed under section 63G-3-304 and section 34A-6-104 and published in the Utah State Bulletin of December 1, 2020 as Filing No. 53189 (Exs. DUT-UT-018, DUT-UT-019). The Legislature's COVID-19 immunity statute (S.B. 3007, effective May 4, 2020; amended by S.B. 5003, effective August 18, 2020) protected a person from civil liability for exposure on its premises or during an activity it managed, except for 'willful misconduct,' 'reckless infliction of harm' and 'intentional infliction of harm,' and declared that it 'does not modify the application of... Title 34A, Chapter 6, Utah Occupational Safety and Health Act' (section 78B-4-517(2)-(3), Exs. DUT-UT-013, DUT-UT-014): the shield left the workplace-safety duty and its penalties fully in force. The sanitation-rules statute required the Department to 'establish and enforce... minimum rules of sanitation' for 'restaurants and all places where food or drink is handled, sold or served to the public,' 'amusement parks and all other centers and places used for public gatherings,' hotels, barbershops, schools and public buildings (section 26-15-2, Ex. DUT-UT-015). S.B. 5011 (effective July 7, 2020) required individuals at care facilities to 'submit to testing for COVID-19' at the request of the Department or a local health department and required the Department to establish testing protocols for care facilities (section 26-6-32, Ex. DUT-UT-016). The State's own business FAQ of May 2020 told every Utah business that 'Utahns and businesses must strictly follow the health guidance of each color,' that the Governor's April 29, 2020 Executive Order stated 'that individuals and businesses shall comply with the Orange (Medium Risk) provisions of the Phased Guidelines beginning May 1,' and that '[l]ocal health departments will be the enforcing entities' (Ex. DUT-UT-020). The emergency orders already in the library made continued operation conditional in terms: 'individuals and businesses in Utah shall comply with the... provisions of the Phased Guidelines' (EO 2020-19 sec. 2, Ex. UT-012); 'a business shall: i. require each employee and contractor to wear a face mask while at work' and 'shall require each patron to maintain at least six feet of physical distance' (UPHO 2020-25 sec. 5, Ex. UT-032); 'the Department or the Local Health Authority shall immediately close all business activity at any establishment that knowingly violates any provision of this Order' (UDOH order of March 21, 2020, Ex. UT-002).

The State's standing duties

Ex. DUT-UT-001

Utah Code section 26-1-30

Powers and duties of department

Utah Legislature (Utah Code Title 26, Utah Health Code, Chapter 1, Department of Health Organization; version effective May 14, 2019), Utah (State)

Dates
Standing (2019-05-14)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureGathering capQuarantine and isolationStanding duty
Character
statutory authority
Grade
Primary source read

(10) establish, maintain, and enforce isolation and quarantine, and for this purpose only, exercise physical control over property and individuals as the department finds necessary for the protection of the public health; (11) close theaters, schools, and other public places and forbid gatherings of people when necessary to protect the public health; (12) abate nuisances when necessary...

Enforcement: Violation of a lawful order of the Department is a class B misdemeanor (class A on a subsequent violation within two years) and carries a civil penalty of up to $10,000 per violation, each day a separate violation (Utah Code section 26-23-6, Ex. DUT-UT-003)

Citation: Utah Legislature (Utah Code Title 26, Utah Health Code, Chapter 1, Department of Health Organization; version effective May 14, 2019), Utah Code section 26-1-30 (standing) (Ex. DUT-UT-001) Open the exhibit

Ex. DUT-UT-002

Utah Code section 26-6-3

Authority to investigate and control epidemic infections and communicable disease

Utah Legislature (Utah Code Title 26, Chapter 6, Communicable Disease Control Act; version effective May 14, 2019), Utah (State)

Dates
Standing (2019-05-14)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Quarantine and isolationStanding duty
Character
statutory authority
Grade
Primary source read

The department has authority to investigate and control the causes of epidemic infections and communicable disease, and shall provide for the detection, reporting, prevention, and control of communicable diseases and epidemic infections or any other health hazard which may affect the public health.

Enforcement: Utah Code section 26-23-6 (Ex. DUT-UT-003): class B misdemeanor; civil penalty up to $10,000 per violation

Citation: Utah Legislature (Utah Code Title 26, Chapter 6, Communicable Disease Control Act; version effective May 14, 2019), Utah Code section 26-6-3 (standing) (Ex. DUT-UT-002) Open the exhibit

Ex. DUT-UT-003

Utah Code section 26-23-6

Criminal and civil penalties and liability for violations

Utah Legislature (Utah Code Title 26, Chapter 23, Enforcement Provisions and Penalties), Utah (State)

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

Any person, association, or corporation, or the officers of any of them, who violates any provision of this chapter or lawful orders of the department or a local health department in a criminal proceeding is guilty of a class B misdemeanor for the first violation, and for any subsequent similar violation within two years, is guilty of a class A misdemeanor

Enforcement: Class B misdemeanor (first violation); class A misdemeanor (subsequent similar violation within two years); civil penalty up to $10,000 per violation in a judicial or administrative proceeding (subsection (2)); liability for abatement expenses (subsection (4)); each day a separate violation (subsection (5)); permit, license and certificate revocation and injunctive relief preserved (subsections…

Citation: Utah Legislature (Utah Code Title 26, Chapter 23, Enforcement Provisions and Penalties), Utah Code section 26-23-6 (standing) (Ex. DUT-UT-003) Open the exhibit

Ex. DUT-UT-004

Utah Code section 26A-1-114

Powers and duties of departments

Utah Legislature (Utah Code Title 26A, Local Health Authorities, Chapter 1, Local Health Departments), Utah (State)

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

A local health department may:... (b) establish, maintain, and enforce isolation and quarantine, and exercise physical control over property and over individuals as the local health department finds necessary for the protection of the public health;... (e) close theaters, schools, and other public places and prohibit gatherings of people when necessary to protect the public health

Enforcement: Utah Code section 26A-1-123 (Ex. DUT-UT-005): class B misdemeanor, class A on a subsequent violation within two years; Utah Code section 26-23-6 (Ex. DUT-UT-003)

Citation: Utah Legislature (Utah Code Title 26A, Local Health Authorities, Chapter 1, Local Health Departments), Utah Code section 26A-1-114 (standing) (Ex. DUT-UT-004) Open the exhibit

Ex. DUT-UT-005

Utah Code section 26A-1-123

Unlawful acts -- Criminal and civil liability

Utah Legislature (Utah Code Title 26A, Chapter 1; renumbered and amended by Laws of Utah 1991, ch. 269; amended ch. 112), Utah (State)

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

It is unlawful for any person, association, or corporation, and the officers of the association or corporation to: (a) violate state laws or any lawful notice, order, standard, rule, or regulation issued under state laws or local ordinances regarding public health or sanitation; (b) violate, disobey, or disregard any notice or order issued by a local health department

Enforcement: Class B misdemeanor on the first violation and class A misdemeanor on a subsequent similar violation within two years (subsection (5)(a)); liability for abatement expenses (subsection (5)(b)); each day a separate violation (subsection (7)); conviction does not relieve civil liability (subsection (6))

Citation: Utah Legislature (Utah Code Title 26A, Chapter 1; renumbered and amended by Laws of Utah 1991, ch. 269; amended ch. 112), Utah Code section 26A-1-123 (standing) (Ex. DUT-UT-005) Open the exhibit

Ex. DUT-UT-006

Utah Code section 26-6b-3

Order of restriction

Utah Legislature (Utah Code Title 26, Chapter 6b, Communicable Diseases -- Treatment, Isolation, and Quarantine Procedures; version effective May 12, 2015), Utah (State)

Dates
Standing (2015-05-12)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Quarantine and isolationStanding duty
Character
statutory authority
Grade
Primary source read

The department having jurisdiction over the location where an individual or a group of individuals who are subject to restriction are found may: (a) issue a written order of restriction for the individual or group of individuals pursuant to Section 26-1-30 or Subsection 26A-1-114(1)(b) upon compliance with the requirements of this chapter; and (b) issue a verbal order of restriction

Enforcement: Utah Code section 26-23-6 (Ex. DUT-UT-003); section 26A-1-123 (Ex. DUT-UT-005); judicial enforcement under sections 26-6b-4 to 26-6b-7

Citation: Utah Legislature (Utah Code Title 26, Chapter 6b, Communicable Diseases -- Treatment, Isolation, and Quarantine Procedures; version effective May 12, 2015), Utah Code section 26-6b-3 (standing) (Ex. DUT-UT-006) Open the exhibit

Ex. DUT-UT-007

Utah Code section 26-6b-2

Definitions

Utah Legislature (Utah Code Title 26, Chapter 6b), Utah (State)

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

'Order of restriction' means an order issued by a department or a district court which requires an individual or group of individuals who are subject to restriction to submit to an examination, treatment, isolation, or quarantine.

Enforcement: Utah Code section 26-23-6 (Ex. DUT-UT-003); section 26A-1-123 (Ex. DUT-UT-005)

Citation: Utah Legislature (Utah Code Title 26, Chapter 6b), Utah Code section 26-6b-2 (standing) (Ex. DUT-UT-007) Open the exhibit

Ex. DUT-UT-008

Utah Code section 53-2a-209

Orders, rules, and regulations having force of law -- Filing requirements -- Suspension of state agency rules -- Suspension of enforcement of certain statutes during a state of emergency

Utah Legislature (Utah Code Title 53, Chapter 2a, Emergency Management Act, Part 2, Disaster Response and Recovery Act; version effective May 10, 2016), Utah (State)

Dates
Standing (2016-05-10)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationStanding duty
Character
statutory authority
Grade
Primary source read

All orders, rules, and regulations promulgated by the governor, a municipality, a county, or other agency authorized by this part to make orders, rules, and regulations, not in conflict with existing laws except as specifically provided in this section, shall have the full force and effect of law during the state of emergency.

Enforcement: The Act carries no free-standing criminal penalty; the Governor may 'employ measures and give direction to state and local officers and agencies... for the purpose of securing compliance' (section 53-2a-204(1)(b), Ex. DUT-UT-009); the Department of Health issued concurrent State Public Health Orders carrying the same restrictions under the Health Code, to which section 26-23-6 attaches (Exs.…

Citation: Utah Legislature (Utah Code Title 53, Chapter 2a, Emergency Management Act, Part 2, Disaster Response and Recovery Act; version effective May 10, 2016), Utah Code section 53-2a-209 (standing) (Ex. DUT-UT-008) Open the exhibit

Ex. DUT-UT-009

Utah Code section 53-2a-204

Authority of governor -- Federal assistance -- Fraud or willful misstatement in application for financial assistance -- Penalty

Utah Legislature (Utah Code Title 53, Chapter 2a, Part 2; version effective June 25, 2020), Utah (State)

Dates
Standing (2020-06-25 (subsections (1)(a), (b) and (f) in identical words from May 9, 2017))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationTravel and quarantineStanding duty
Character
statutory authority
Grade
Primary source read

if the governor issues an executive order declaring a state of emergency, the governor may:... (b) employ measures and give direction to state and local officers and agencies that are reasonable and necessary for the purpose of securing compliance with the provisions of this part and with orders, rules, and regulations made pursuant to this part

Enforcement: Compliance secured through State and local officers and agencies under subsection (1)(b); the Health Code penalties attach to the Department of Health's concurrent orders (Ex. DUT-UT-003)

Citation: Utah Legislature (Utah Code Title 53, Chapter 2a, Part 2; version effective June 25, 2020), Utah Code section 53-2a-204 (standing) (Ex. DUT-UT-009) Open the exhibit

Ex. DUT-UT-010

Utah Code section 53-2a-206

State of emergency -- Declaration -- Termination -- Commander in chief of military forces

Utah Legislature (Utah Code Title 53, Chapter 2a, Part 2), Utah (State)

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

A state of emergency may be declared by executive order of the governor if the governor finds a disaster has occurred or the occurrence or threat of a disaster is imminent... (3) A state of emergency may not continue for longer than 30 days unless extended by joint resolution of the Legislature, which may also terminate a state of emergency by joint resolution at any time.

Enforcement: None in the section; see Exs. DUT-UT-008 and DUT-UT-009

Citation: Utah Legislature (Utah Code Title 53, Chapter 2a, Part 2), Utah Code section 53-2a-206 (standing) (Ex. DUT-UT-010) Open the exhibit

Ex. DUT-UT-011

Utah Code section 34A-6-201

Duties of employers and employees

Utah Legislature (Utah Code Title 34A, Utah Labor Code, Chapter 6, Utah Occupational Safety and Health Act; version effective May 12, 2015, Laws of Utah 2015, ch. 229), Utah (State)

Dates
Standing (2015-05-12)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Primary source read

Each employer shall: (a) furnish to each of its employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees; and (b) comply with occupational safety and health standards promulgated under this chapter.

Enforcement: Civil penalties up to $7,000 per cited violation, $250 to $7,000 per serious violation, $5,000 to $70,000 per willful violation, up to $7,000 per day for an uncorrected violation (Utah Code section 34A-6-307, Ex. DUT-UT-012)

Citation: Utah Legislature (Utah Code Title 34A, Utah Labor Code, Chapter 6, Utah Occupational Safety and Health Act; version effective May 12, 2015, Laws of Utah 2015, ch. 229), Utah Code section 34A-6-201 (standing) (Ex. DUT-UT-011) Open the exhibit

Ex. DUT-UT-012

Utah Code section 34A-6-307

Civil and criminal penalties

Utah Legislature (Utah Code Title 34A, Chapter 6; version effective May 9, 2017), Utah (State)

Dates
Standing (2017-05-09)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Primary source read

The commission may assess civil penalties against any employer who has received a citation under Section 34A-6-302 as follows: (a)... up to $7,000 for each cited violation. (b) The commission may not assess less than $250 nor more than $7,000 for each cited serious violation... (c) The commission may not assess less than $5,000 nor more than $70,000 for each cited willful violation.

Enforcement: As quoted; subsection (1)(d) up to $70,000 for a repeated violation; subsection (1)(e) up to $7,000 per day uncorrected; subsection (2) up to $7,000 per posting violation

Citation: Utah Legislature (Utah Code Title 34A, Chapter 6; version effective May 9, 2017), Utah Code section 34A-6-307 (standing) (Ex. DUT-UT-012) Open the exhibit

Ex. DUT-UT-013

S.B. 3007, COVID-19 Provisions (enrolled copy)

COVID-19 Provisions: immunity related to COVID-19 (enacting Utah Code section 78B-4-517)

Utah Legislature, 2020 Third Special Session (S.B. 3007, Chief Sponsor Sen. Kirk A. Cullimore, House Sponsor Rep. Marc K. Roberts; Laws of Utah 2020, Third Special Session, ch. 12; signed by Governor Herbert May 4, 2020), Utah (State)

Dates
Standing (2020-05-04)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesOperating condition
Character
liability shield condition
Grade
Primary source read

a person is immune from civil liability... resulting from exposure of an individual to COVID-19 on the premises owned or operated by the person... Immunity... does not apply to: (a) willful misconduct; (b) reckless infliction of harm; or (c) intentional infliction of harm. (3) This section does not modify the application of:... (c) Title 34A, Chapter 6, Utah Occupational Safety and Health Act

Enforcement: None (an immunity statute); the exceptions withdraw the immunity for willful, reckless or intentional conduct; UOSH penalties (Ex. DUT-UT-012) preserved by subsection (3)(c)

Citation: Utah Legislature, 2020 Third Special Session (S.B. 3007, Chief Sponsor Sen. Kirk A. Cullimore, House Sponsor Rep. Marc K. Roberts; Laws of Utah 2020, Third Special Session, ch. 12; signed by Governor Herbert May 4, 2020), S.B. 3007, COVID-19 Provisions (enrolled copy) (standing) (Ex. DUT-UT-013) Open the exhibit

Ex. DUT-UT-014

Utah Code section 78B-4-517 (version effective August 18, 2020)

Immunity related to COVID-19

Utah Legislature (Utah Code Title 78B, Chapter 4, Part 5; as amended by S.B. 5003, COVID-19 Immunity Provisions, 2020 Fifth Special Session, Laws of Utah 2020, 5th Spec. Sess., ch. 10), Utah (State)

Dates
Standing (2020-08-18)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesOperating condition
Character
liability shield condition
Grade
Primary source read

(3) This section does not modify the application of: (a) Title 34A, Chapter 2, Workers' Compensation Act; (b) Title 34A, Chapter 3, Utah Occupational Disease Act; or (c) Title 34A, Chapter 6, Utah Occupational Safety and Health Act. (4) The immunity in Subsection (2) is in addition to any other immunity protections that may apply in state or federal law.

Enforcement: None (an immunity statute); UOSH penalties preserved (Ex. DUT-UT-012)

Citation: Utah Legislature (Utah Code Title 78B, Chapter 4, Part 5; as amended by S.B. 5003, COVID-19 Immunity Provisions, 2020 Fifth Special Session, Laws of Utah 2020, 5th Spec. Sess., ch. 10), Utah Code section 78B-4-517 (version effective August 18, 2020) (standing) (Ex. DUT-UT-014) Open the exhibit

Ex. DUT-UT-015

Utah Code section 26-15-2

Minimum rules of sanitation established by department

Utah Legislature (Utah Code Title 26, Chapter 15, Food, Sanitation, and Public Health), Utah (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOperating condition
Character
sanitary code duty
Grade
Primary source read

The department shall establish and enforce, or provide for the enforcement of minimum rules of sanitation necessary to protect the public health. Such rules shall include... rules necessary for the... operation... of: (1) restaurants and all places where food or drink is handled, sold or served to the public;... (7) amusement parks and all other centers and places used for public gatherings

Enforcement: Utah Code section 26-23-6 (Ex. DUT-UT-003); section 26A-1-123 (Ex. DUT-UT-005); permit revocation (section 26-23-6(1)(b), (3))

Citation: Utah Legislature (Utah Code Title 26, Chapter 15, Food, Sanitation, and Public Health), Utah Code section 26-15-2 (standing) (Ex. DUT-UT-015) Open the exhibit

Ex. DUT-UT-016

S.B. 5011, High Risk Population Protection Amendments (enrolled copy)

High Risk Population Protection Amendments (enacting Utah Code section 26-6-32, Testing for COVID-19 for high-risk individuals at care facilities)

Utah Legislature, 2020 Fifth Special Session (S.B. 5011, Chief Sponsor Sen. Curtis S. Bramble, House Sponsor Rep. Mike Schultz; signed by Governor Herbert July 7, 2020), Utah (State)

Dates
Standing (2020-07-07)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersVaccination or testingStanding duty
Character
statutory duty
Grade
Primary source read

At the request of the department or a local health department, an individual who meets the criteria established by the department under Subsection (2)(b) shall submit to testing for COVID-19. (b) The department: (i) shall establish protocols to identify and test individuals who are present at a care facility and are at high risk for contracting COVID-19

Enforcement: Utah Code section 26-23-6 (Ex. DUT-UT-003) for violation of the chapter or a lawful order

Citation: Utah Legislature, 2020 Fifth Special Session (S.B. 5011, Chief Sponsor Sen. Curtis S. Bramble, House Sponsor Rep. Mike Schultz; signed by Governor Herbert July 7, 2020), S.B. 5011, High Risk Population Protection Amendments (enrolled copy) (July 7, 2020) (Ex. DUT-UT-016) Open the exhibit

Ex. DUT-UT-017

Protecting High-Risk Individuals: Recommendations for the Workplace (Utah Labor Commission, May 2020)

Protecting High-Risk Individuals -- Recommendations for the Workplace

Utah Labor Commission (with the Utah Occupational Safety and Health Division, WCF Insurance and the Utah Department of Health), Utah (State)

Dates
Standing (2020-05 (recommendations; no effective date))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rules
Character
recommendation only
Grade
Primary source read

For the purposes of these recommendations, high-risk individuals would include all people in the workforce who meet any of the following criteria as outlined in CDC guidelines and the Utah Leads Together 2.0 Plan.... Protective Measures Employers Should Implement for ALL Employees... All individuals should wear masks or cloth face coverings in public spaces

Enforcement: None of its own; recorded as a recommendation

Citation: Utah Labor Commission (with the Utah Occupational Safety and Health Division, WCF Insurance and the Utah Department of Health), Protecting High-Risk Individuals: Recommendations for the Workplace (Utah Labor Commission, May 2020) (May 24, 2020) (Ex. DUT-UT-017) Open the exhibit

Ex. DUT-UT-018

UOSH Emergency Rule, Utah Administrative Code R614-1-5.F, Face Mask Use to Prevent the Spread of COVID-19 (Filing No. 53189)

UOSH Emergency Rule -- Face Mask Use to Prevent the Spread of COVID-19 (Utah Admin. Code R614-1-5.F)

Utah Labor Commission, Utah Occupational Safety and Health Division (UOSH), 'At the direction of Governor Gary Herbert', Utah (State)

Dates
Standing (2020-11-09)
Quarters
2020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rulesStanding duty
Character
covid workplace rule
Grade
Primary source read

On November 9, 2020, the Utah Department of Health declared a state public health emergency due to the spread of COVID-19 in Utah State Public Health Order 2020-21. At the direction of Governor Gary Herbert: 1. Hereafter, every employee shall be required to wear a face mask while that employee is at work, subject to the exceptions below.

Enforcement: UOSH citations and civil penalties under Utah Code section 34A-6-307 (Ex. DUT-UT-012): up to $7,000 per violation and $70,000 per willful violation

Citation: Utah Labor Commission, Utah Occupational Safety and Health Division (UOSH), 'At the direction of Governor Gary Herbert', UOSH Emergency Rule, Utah Administrative Code R614-1-5.F, Face Mask Use to Prevent the Spread of COVID-19 (Filing No. 53189) (Nov. 9, 2020) (Ex. DUT-UT-018) Open the exhibit

Ex. DUT-UT-019

Utah State Bulletin, Vol. 2020, No. 23 (December 1, 2020), Notice of Emergency (120-Day) Rule, Utah Admin. Code R614-1-5, Filing No. 53189

Notice of Emergency (120-Day) Rule: R614-1-5, Adoption and Extension of Established Federal Safety Standards and General Safety Orders (Filing No. 53189)

Utah Office of Administrative Rules (Utah State Bulletin), publishing the Labor Commission's notice of emergency rule (agency head Jaceson R. Maughan, Commissioner, authorization dated November 6, 2020), Utah (State)

Dates
Standing (2020-11-09 (rule); 2020-12-01 (publication))
Quarters
2020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rulesStanding duty
Character
covid workplace rule
Grade
Primary source read

NOTICE OF EMERGENCY (120-DAY) RULE... Utah Admin. Code R614-1-5 Filing No. 53189... Effective Date: 11/09/2020... The purpose of this change is to protect employees by preventing the spread of COVID-19 in their workplaces by using face masks.... This rule would enable enforcement of the recommendations and orders given previously to wear face masks in the workplace.

Enforcement: UOSH civil penalties under Utah Code section 34A-6-307 (Ex. DUT-UT-012)

Citation: Utah Office of Administrative Rules (Utah State Bulletin), publishing the Labor Commission's notice of emergency rule (agency head Jaceson R. Maughan, Commissioner, authorization dated November 6, 2020), Utah State Bulletin, Vol. 2020, No. 23 (December 1, 2020), Notice of Emergency (120-Day) Rule, Utah Admin. Code R614-1-5, Filing No. 53189 (Dec. 1, 2020) (Ex. DUT-UT-019) Open the exhibit

Ex. DUT-UT-020

coronavirus.utah.gov, Business: Workplace Resources (State Public Health Color-Coded Guidelines and Frequently Asked Questions), as captured May 18, 2020

Workplace Resources -- State Public Health Color-Coded Guidelines; Frequently Asked Questions for Utah businesses

State of Utah, coronavirus.utah.gov (Utah Department of Health and the Governor's Office of Economic Development, 'Utah Leads Together' business resources), Utah (State)

Dates
Standing (2020-05-18 (as captured))
Quarters
2020 Q22020 Q3
Limitations
Workplace rulesOperating condition
Character
guidance incorporated
Grade
Primary source read

Do I have to follow the guidelines?... On April 29, 2020, Governor Herbert issued an Executive Order stating that individuals and businesses shall comply with the Orange (Medium Risk) provisions of the Phased Guidelines beginning May 1. In accordance with this order, the guidelines should be followed at a minimum.

Enforcement: Enforcement by the local health departments (as the FAQ states), under Utah Code sections 26-23-6 and 26A-1-123 (Exs. DUT-UT-003, DUT-UT-005)

Citation: State of Utah, coronavirus.utah.gov (Utah Department of Health and the Governor's Office of Economic Development, 'Utah Leads Together' business resources), coronavirus.utah.gov, Business: Workplace Resources (State Public Health Color-Coded Guidelines and Frequently Asked Questions), as captured May 18, 2020 (Ex. DUT-UT-020) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

29 U.S.C. 654 (OSH Act § 5, the general duty clause)

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), United States (Federal)

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

(a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.

Enforcement: 29 U.S.C. 666: civil penalties for serious, other-than-serious, willful and repeated violations (2020-2021 maxima $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); willful violations causing death are criminal (29 U.S.C. 666(e)).

Citation: Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001) Open the exhibit

Ex. DUT-FED-002

29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)

Judicial review; discharge or discrimination against employee for exercise of rights

Congress (OSH Act § 11(c)), United States (Federal)

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

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.

Enforcement: 29 U.S.C. 660(c)(2): Secretary's suit in district court for reinstatement with back pay and 'all appropriate relief'

Citation: Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002) Open the exhibit

Ex. DUT-FED-003

29 C.F.R. 1910.132 (personal protective equipment, general requirements)

General requirements (Subpart I, Personal Protective Equipment)

Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), United States (Federal)

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

(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment... (d)(1) The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE).

Enforcement: 29 U.S.C. 666 (civil penalties per violation)

Citation: Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003) Open the exhibit

Ex. DUT-FED-004

29 C.F.R. 1910.134 (respiratory protection)

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

(a)(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program... (c)(1)... the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004) Open the exhibit

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

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

(a)(3)(i) All places of employment shall be kept clean to the extent that the nature of the work allows.... (d)(1) Washing facilities shall be maintained in a sanitary condition.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005) Open the exhibit

Ex. DUT-FED-006

29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

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

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

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

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

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

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates
Standing (2021-01-29)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-08-13)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-06)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of mandatory safety and health standards.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates
Standing (2020-09-09)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates
Standing (2020-09-11)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates
Standing (2021-04-22)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates
Standing (2021-04-15)
Quarters
2020 Q42021 Q2
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates
Standing (2020-10-09)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-11-06)
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rules
Character
agency enforcement summary
Grade
Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates
Standing (2020-12-08)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates
Standing (2021-04-20)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testingStanding duty
Character
regulatory duty
Grade
Primary source read

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
liability shield condition
Grade
Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates
Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Other
Character
agency interpretation
Grade
Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

Secretary of Health and Human Services (Alex M. Azar II), United States (Federal)

Dates
Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Vaccination or testingOther
Character
liability shield condition
Grade
Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates
Standing (2020-04-17)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-09-08)
Quarters
2020 Q32020 Q4
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

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

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

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

Dates
Standing (2020-03-21)
Quarters
2020 Q2
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

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

Dates
Standing (2020-05-06)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates
Standing (2020-03-18)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

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

Dates
Standing (2020-07-15)
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-04-26)
Quarters
2020 Q22020 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character
agency guidance recommendation
Grade
Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-07-09)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

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

Dates
Standing (2020-04-08)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

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

Dates
Standing (2020-05-27)
Quarters
2020 Q22020 Q3
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates
Standing (2020-03-13)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rules
Character
agency position statement
Grade
Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates
Standing (2021-01-08)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates
Standing (2021-10-01)
Quarters
2021 Q22021 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-12-16)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2021-05-28)
Quarters
2021 Q22021 Q3
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-06-10)
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates
Standing (2022-06-06)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Character
adjudication
Grade
Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

6. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business in Utah 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 253 instruments in force for this selection: 29 instruments from the State of Utah (Governor Gary R. Herbert, The Governor's Coronavirus Directive for Utah, "Stay Safe, Stay Home" (Mar. 27, 2020) (Ex. UT-004); Randall Probst, Wasatch County Health Officer, with the Wasatch County Board of Health and County Council, Wasatch County Health Department Stay Safe Stay Home Order (with press release of March 30, 2020) (Mar. 30, 2020) (Ex. UT-055); Brian Bennion, Weber-Morgan Health Officer, Weber-Morgan Health Department, Public Health Order (Stay Safe, Stay Home), Weber-Morgan Health Department (Apr. 1, 2020) (Ex. UT-054); and 26 more), 3 instruments from the agencies, boards and authorities of Utah (Utah Supreme Court, Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak (emergency diploma privilege with 360 hours of supervised practice) (Apr. 21, 2020) (Ex. AGY-ST-TRADE-BOARDS-019); Utah Transit Authority (UTA), UTA notice, Mar. 27, 2020, 'Temporary Service Reductions Starting April 5th': bus ridership down 56 percent, FrontRunner 75 percent, TRAX 60 percent, paratransit 75 percent; frequencies cut (TRAX 15 to 30 minutes; FrontRunner 30 to 60 minutes; UVX 6 to 15 minutes); some commuter routes suspended; operators not handling passes, visual fare inspection only; rear-door boarding signage; passenger line moved back six feet (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-017); Utah Transit Authority (UTA), UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018)), 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 42 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 40 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: OF (Ex. UT-055); WF (Ex. UT-055); DR (Ex. UT-013); SF (Ex. UT-013); CB patients (Ex. UT-003); EV (Ex. UT-013); GATH (Ex. UT-013); MASK employees (Ex. UT-015); BA bar (Ex. UT-005); CB customer access (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-017).

Step three, the change compelled. Governor Gary R. Herbert, The Governor's Coronavirus Directive for Utah, "Stay Safe, Stay Home" (Mar. 27, 2020) (Ex. UT-004) ordered: "I expect all Utah residents and businesses to follow these directives.... These directives establish minimum statewide standards. After consultation with, and consent of the State, local authorities may impose more stringent directives and orders... These directives are not to be confused with a…" Enforcement: Directive (the Governor 'expect[s] all Utah residents and businesses to follow these directives'); the UDOH orders of Apr. 1 and Apr. 14, 2020 recite it as the… Randall Probst, Wasatch County Health Officer, with the Wasatch County Board of Health and County Council, Wasatch County Health Department Stay Safe Stay Home Order (with press release of March 30, 2020) (Mar. 30, 2020) (Ex. UT-055) ordered: "1. Directs all individuals to stay home except to engage in essential activities, which includes going to work under the conditions outlined in the order. 2. Matches earlier county and state public health orders regarding food service operations. 3. All business and operations, except essential…" Enforcement: Utah Code 26A-1-114 local public health order; compliance call-in line Brian Bennion, Weber-Morgan Health Officer, Weber-Morgan Health Department, Public Health Order (Stay Safe, Stay Home), Weber-Morgan Health Department (Apr. 1, 2020) (Ex. UT-054) ordered: "All individuals present within Weber and Morgan Counties are directed to stay safe at home or their place of residence to the greatest extent possible. All public and private gatherings of any number of people that are not part of a single household or living unit are prohibited, except for the…" Enforcement: Sec. 10: 'repeat or egregious offenders may be cited and charged. While penalties outlined by state code for violating a local public health order classify the… 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. The Governor's Coronavirus Directive for Utah, "Stay Safe, Stay Home" (Ex. UT-004) was in force from Mar. 27, 2020 to Apr. 13, 2020, 18 of the quarter's 110 days; Wasatch County Health Department Stay Safe Stay Home Order (with press release of March… (Ex. UT-055) was in force from Apr. 1, 2020 to Apr. 14, 2020, 14 of the quarter's 110 days; Public Health Order (Stay Safe, Stay Home), Weber-Morgan Health Department (Ex. UT-054) was in force from Apr. 2, 2020 to Apr. 16, 2020, 15 of the quarter's 110 days. Of the 32 instruments in the quarter's record, 3 were in force on its first day, 13 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 227 instruments in force for this selection: 13 instruments from the State of Utah (Utah Department of Health (Phased Guidelines adopted and made mandatory by EO 2020-20, May 6, 2020, and successors), Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation, Version 4.1 (5/6/2020) (May 6, 2020) (Ex. UT-013); Governor Gary R. Herbert, Executive Order 2020-44 (July 17, 2020) (Ex. UT-020); Governor Gary R. Herbert, Executive Order 2020-50 (Aug. 14, 2020) (Ex. UT-021); and 10 more), 3 instruments from the agencies, boards and authorities of Utah (Utah Supreme Court, Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak (emergency diploma privilege with 360 hours of supervised practice) (Apr. 21, 2020) (Ex. AGY-ST-TRADE-BOARDS-019); Utah Transit Authority (UTA), UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); Utah Transit Authority (UTA), UTA notice, June 30, 2020, 'Understanding UTA's Face Covering Requirement': from July 1, 2020 all riders and employees required to wear face coverings while on the system until further notice, 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; exemptions for children under 2 and medical conditions; enforcement by information and education, masks provided; signage and announcements (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026)), 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 48 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 46 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: DR (Ex. UT-013); EV (Ex. UT-013); GATH (Ex. UT-013); OF (Ex. UT-013); SF (Ex. UT-013); predicate (Ex. UT-062); CB customer access (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); HR (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); MASK (Ex. UT-021); SCH (Ex. UT-013).

Step three, the change compelled. Utah Department of Health (Phased Guidelines adopted and made mandatory by EO 2020-20, May 6, 2020, and successors), Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation, Version 4.1 (5/6/2020) (May 6, 2020) (Ex. UT-013) ordered: "[Overview by level] Red: 'Leave home infrequently'; 'Schools closed'; restaurants 'Takeout, curbside pickup or delivery only'; hospitality 'Limited operations of this industry'; 'Swimming pools, gyms and fitness centers closed'. Orange: 'social interactions in groups of 20 or fewer'; 'Schools…" Enforcement: Binding through the executive orders that adopt it; face-covering references adopted 'as an order' for employees (EO 2020-19 sec. 5) Governor Gary R. Herbert, Executive Order 2020-44 (July 17, 2020) (Ex. UT-020) ordered: "2. The Utah COVID-19 Public Health Risk Status is: a. Orange (Moderate Risk) in Salt Lake City; b. Green (Normal Risk) in Beaver County, Daggett County, Duchesne County, Emery County, Garfield [and other listed counties]; c. Yellow (Low Risk) in each area of the State not identified... 3.... a. An…" Enforcement: Utah Code 53-2a-209(1) Governor Gary R. Herbert, Executive Order 2020-50 (Aug. 14, 2020) (Ex. UT-021) ordered: "2. The Utah COVID-19 Level of Restriction is: a. Moderate Level of Restriction (Orange) in Salt Lake City; b. Minimal Level of Restriction (Green) in Beaver County, Daggett County, Duchesne County, Emery County,...; c. Low Level of Restriction (Yellow) in each area of the State not identified...…" Enforcement: Utah Code 53-2a-209(1) 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. Phased Guidelines for the General Public and Businesses to Maximize Public Health and… (Ex. UT-013) was in force from May 6, 2020 to Aug. 14, 2020, 45 of the quarter's 92 days; Executive Order 2020-44 (Ex. UT-020) was in force from July 17, 2020 to Sept. 30, 2020, 76 of the quarter's 92 days; Executive Order 2020-50 (Ex. UT-021) was in force from Aug. 14, 2020 to Aug. 20, 2020, 7 of the quarter's 92 days. Of the 16 instruments in the quarter's record, 9 were in force on its first day, 8 on its last day and 3 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 234 instruments in force for this selection: 18 instruments from the State of Utah (Utah Department of Health (Phased Guidelines adopted and made mandatory by EO 2020-20, May 6, 2020, and successors), Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation, Version 4.1 (5/6/2020) (May 6, 2020) (Ex. UT-013); Utah Department of Health (Executive Director), State Public Health Order 2020-14 (Sept. 22, 2020) (Ex. UT-023); Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-18 (Oct. 14, 2020) (Ex. UT-026); and 15 more), 4 instruments from the agencies, boards and authorities of Utah (Utah Supreme Court, Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak (emergency diploma privilege with 360 hours of supervised practice) (Apr. 21, 2020) (Ex. AGY-ST-TRADE-BOARDS-019); Utah Transit Authority (UTA), UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); Utah Transit Authority (UTA), UTA notice, June 30, 2020, 'Understanding UTA's Face Covering Requirement': from July 1, 2020 all riders and employees required to wear face coverings while on the system until further notice, 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; exemptions for children under 2 and medical conditions; enforcement by information and education, masks provided; signage and announcements (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026); and 1 more), 160 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); and 157 more) and 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. UT-013); EV (Ex. UT-013); SF (Ex. UT-013); OF (Ex. UT-013); BA (Ex. UT-013); GATH (Ex. UT-013); MASK (Ex. UT-023); CP (Ex. UT-033); SP (Ex. UT-033); WF (Ex. UT-013).

Step three, the change compelled. Utah Department of Health (Phased Guidelines adopted and made mandatory by EO 2020-20, May 6, 2020, and successors), Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation, Version 4.1 (5/6/2020) (May 6, 2020) (Ex. UT-013) ordered: "[Overview by level] Red: 'Leave home infrequently'; 'Schools closed'; restaurants 'Takeout, curbside pickup or delivery only'; hospitality 'Limited operations of this industry'; 'Swimming pools, gyms and fitness centers closed'. Orange: 'social interactions in groups of 20 or fewer'; 'Schools…" Enforcement: Binding through the executive orders that adopt it; face-covering references adopted 'as an order' for employees (EO 2020-19 sec. 5) Utah Department of Health (Executive Director), State Public Health Order 2020-14 (Sept. 22, 2020) (Ex. UT-023) ordered: "2. The Utah COVID-19 Level of Restriction is: a. Moderate Level of Restriction (Orange) in Provo City and Orem City; b. Minimal Level of Restriction (Green) in Beaver County, Box Elder County,...; c. Low Level of Restriction (Yellow) in each area of the State not identified... 3.... a. each person…" Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3 Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-18 (Oct. 14, 2020) (Ex. UT-026) ordered: "3. Transmission area restrictions. a. Low Transmission Area restrictions... i. An individual may not attend a casual social gathering of more than 50 individuals unless each individual attending the casual social gathering wears a face mask.... b. Moderate Transmission Area restrictions... i. An…" Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3; weekly county designations by the Department; no lowering of designation for 14 days 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. State Public Health Order 2020-14 (Ex. UT-023) was in force from Sept. 23, 2020 to Oct. 23, 2020, 23 of the quarter's 92 days; State Public Health Order 2020-18 (Ex. UT-026) was in force from Oct. 15, 2020 to Dec. 31, 2020, 78 of the quarter's 92 days; State Public Health Order 2020-20 (Ex. UT-027) was in force from Oct. 30, 2020 to Nov. 12, 2020, 14 of the quarter's 92 days. Of the 22 instruments in the quarter's record, 7 were in force on its first day, 10 on its last day and 4 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 236 instruments in force for this selection: 11 instruments from the State of Utah (Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-27 (Dec. 17, 2020) (Ex. UT-034); Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-3 (Jan. 21, 2021) (Ex. UT-037); Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-7 (Feb. 24, 2021) (Ex. UT-038); and 8 more), 3 instruments from the agencies, boards and authorities of Utah (Utah Transit Authority (UTA), UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); Utah Transit Authority (UTA), UTA notice, June 30, 2020, 'Understanding UTA's Face Covering Requirement': from July 1, 2020 all riders and employees required to wear face coverings while on the system until further notice, 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; exemptions for children under 2 and medical conditions; enforcement by information and education, masks provided; signage and announcements (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026); Utah Department of Health (State Public Health Order of Nov. 8, 2020, as updated Nov. 23, 2020); recited by the Utah System of Higher Education, USHE release, 'Gov. Gary R. Herbert and Utah Department of Health issue weekly COVID-19 testing requirement for USHE students' (November 9, 2020), quoting the State Public Health Order's 'Restrictions on institutions of higher education' (Nov. 9, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-046)), 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 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: BA (Ex. UT-034); CP (Ex. UT-034); DR (Ex. UT-034); EV (Ex. UT-034); MASK (Ex. UT-034); OF (Ex. UT-034); SF (Ex. UT-034); SP (Ex. UT-034); CB customer access (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); HR (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018).

Step three, the change compelled. Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-27 (Dec. 17, 2020) (Ex. UT-034) ordered: "3. Restrictions on individuals. Regardless of a county's transmission index designation, an individual shall: a. wear a face mask and maintain at least six feet physical distance from any [individual from a separate household while in an indoor public setting]; b. wear a face mask while outdoors and…" Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3 Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-3 (Jan. 21, 2021) (Ex. UT-037) ordered: "5. Restrictions on businesses. The following restrictions apply to a business, including a bar or restaurant, regardless of whether the business is acting as an event host: a. Statewide restrictions. Regardless of a county's transmission area designation, a business shall: i. require each employee…" Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3 Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-7 (Feb. 24, 2021) (Ex. UT-038) ordered: "3.... a. Except as provided in Subsection (3)(b), regardless of a county's transmission index designation, an individual shall: i. wear a face mask while in an indoor public setting; ii. wear a face mask while in an outdoor public setting and within six feet of [an individual from a separate…" Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3 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. State Public Health Order 2020-27 (Ex. UT-034) was in force from Dec. 18, 2020 to Jan. 21, 2021, 21 of the quarter's 90 days; State Public Health Order 2021-3 (Ex. UT-037) was in force from Jan. 22, 2021 to Feb. 22, 2021, 32 of the quarter's 90 days; State Public Health Order 2021-7 (Ex. UT-038) was in force from Feb. 24, 2021 to Mar. 25, 2021, 30 of the quarter's 90 days. Of the 14 instruments in the quarter's record, 8 were in force on its first day, 10 on its last day and 6 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 230 instruments in force for this selection: 13 instruments from the State of Utah (Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-9 (Mar. 26, 2021) (Ex. UT-039); Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-10 (Apr. 9, 2021) (Ex. UT-042); Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (December 31, 2020) (Dec. 31, 2020) (Ex. UT-049); and 10 more), 2 instruments from the agencies, boards and authorities of Utah (Utah Transit Authority (UTA), UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); Utah Transit Authority (UTA), UTA notice, June 30, 2020, 'Understanding UTA's Face Covering Requirement': from July 1, 2020 all riders and employees required to wear face coverings while on the system until further notice, 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; exemptions for children under 2 and medical conditions; enforcement by information and education, masks provided; signage and announcements (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026)), 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 50 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 48 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: SP (Ex. UT-039); IN (Ex. UT-036); TR (Ex. UT-036); WF (Ex. UT-036); CB (Ex. UT-049); CB customer access (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); CP (Ex. UT-039); HR (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); WF commuting workforce (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); AC athletics (Ex. UT-045).

Step three, the change compelled. Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-9 (Mar. 26, 2021) (Ex. UT-039) ordered: "3. Restrictions on individuals. Regardless of a county's transmission index designation, an individual shall: a. wear a face mask while in an indoor public setting; b. wear a face mask while in an outdoor public setting and within six feet of any [individual from a separate household]...…" Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3 Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-10 (Apr. 9, 2021) (Ex. UT-042) ordered: "3. Restrictions on individuals. Regardless of a county's transmission index designation, an individual shall wear a face mask while attending an organized event.... 4.... an event host of an organized event shall:... iii. require each individual attending the organized event to wear a face mask...…" Enforcement: Utah Code 26-1-10, 26-1-30, 26-6-3 Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (December 31, 2020) (Dec. 31, 2020) (Ex. UT-049) ordered: "A court will be in the Red phase whenever the COVID-19 transmission rate is accelerating. A court may move to the Yellow phase when the rate of transmission in the county has been consistently [declining]... Today's Order entirely replaces all preceding administrative orders. This Order provides…" Enforcement: Binding administrative order; governs over conflicting rules of procedure to the extent stated 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. State Public Health Order 2021-9 (Ex. UT-039) was in force from Mar. 26, 2021 to Apr. 9, 2021, 9 of the quarter's 91 days; State Public Health Order 2021-10 (Ex. UT-042) was in force from Apr. 10, 2021 to June 15, 2021, 67 of the quarter's 91 days; Administrative Order for Court Operations During Pandemic (December 31, 2020) (Ex. UT-049) was in force from Dec. 31, 2020 to Apr. 19, 2021, 19 of the quarter's 91 days. Of the 15 instruments in the quarter's record, 9 were in force on its first day, 9 on its last day and 6 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 222 instruments in force for this selection: 8 instruments from the State of Utah (Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (June 3, 2021) (Ex. UT-050); Utah Supreme Court (Chief Justice Matthew B. Durrant) and Utah Court of Appeals (Presiding Judge Michele Christiansen Forster), Order Suspending In-Person Oral Arguments and Meetings Through September 30, 2021 (Aug. 12, 2021) (Ex. UT-052); Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (September 17, 2021) (Sept. 17, 2021) (Ex. UT-053); and 5 more), 2 instruments from the agencies, boards and authorities of Utah (Utah Transit Authority (UTA), UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); Utah Transit Authority (UTA), UTA notice, June 30, 2020, 'Understanding UTA's Face Covering Requirement': from July 1, 2020 all riders and employees required to wear face coverings while on the system until further notice, 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; exemptions for children under 2 and medical conditions; enforcement by information and education, masks provided; signage and announcements (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026)), 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 45 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 43 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CB (Ex. UT-050); CB customer access (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); HR (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); OF (Ex. UT-052); WF commuting workforce (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018); AC athletics (Ex. UT-045); CB litigants, jurors, attorneys (Ex. UT-051); CL (Ex. UT-053); CL remote hearings continued in transition (Ex. UT-050); CP campus housing (Ex. UT-045).

Step three, the change compelled. Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (June 3, 2021) (Ex. UT-050) ordered: "Governor Gary Herbert and Governor Spencer Cox declared a state of emergency. In light of the Governor's declaration, and to protect the public and all court participants, the Utah Judiciary continues to implement its Pandemic Response Plan.... Beginning June 7, 2021, all courts may operate in the…" Enforcement: Binding administrative order Utah Supreme Court (Chief Justice Matthew B. Durrant) and Utah Court of Appeals (Presiding Judge Michele Christiansen Forster), Order Suspending In-Person Oral Arguments and Meetings Through September 30, 2021 (Aug. 12, 2021) (Ex. UT-052) ordered: "In consideration of the continuing public health threat posed by COVID-19, the Utah Supreme Court and Utah Court of Appeals hereby reinstitute the February 19, 2021 order requiring all oral arguments and appellate court committee meetings be conducted remotely through September 30, 2021. We will…" Enforcement: Binding order of both appellate courts Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (September 17, 2021) (Sept. 17, 2021) (Ex. UT-053) ordered: "On July 28, 2021 an Administrative Order imposed a mask mandate for individuals who enter the courthouse. Today's Order entirely replaces all preceding administrative orders.... This Order provides directives the courts must follow during Red and Yellow phases of operation, incorporates the mask…" Enforcement: Binding administrative order; exclusion from the courthouse The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2021 to Sept. 30, 2021, 92 days. Administrative Order for Court Operations During Pandemic (June 3, 2021) (Ex. UT-050) was in force from June 7, 2021 to Sept. 17, 2021, 79 of the quarter's 92 days; Order Suspending In-Person Oral Arguments and Meetings Through September 30, 2021 (Ex. UT-052) was in force from Aug. 12, 2021 to Sept. 30, 2021, 50 of the quarter's 92 days; Administrative Order for Court Operations During Pandemic (September 17, 2021) (Ex. UT-053) was in force from Sept. 17, 2021 to Jan. 18, 2022, 14 of the quarter's 92 days. Of the 10 instruments in the quarter's record, 7 were in force on its first day, 8 on its last day and 6 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

7. Exhibit list

Every instrument cited in this report, by exhibit identifier: 390 records, of which The COVID Project holds the document for 381. 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-EDUCATION-HIGHER-ED-046USHE release, 'Gov. Gary R. Herbert and Utah Department of Health issue weekly COVID-19 testing requirement for USHE students' (November 9, 2020), quoting the…Utah Department of Health (State Public Health Order of Nov. 8, 2020, as updated Nov. 23, 2020); recited by the Utah System of Higher EducationNov. 9, 2020Utah Department of Health (State Public Health Order of Nov. 8, 2020, as updated Nov. 23, 2020); recited by the Utah System of Higher Education, USHE release, 'Gov. Gary R. Herbert and Utah Department of Health issue weekly COVID-19 testing requirement for USHE students' (November 9, 2020), quoting the State Public Health Order's 'Restrictions on institutions of higher education' (Nov. 9, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-046)/library/AGY-ST-EDUCATION-HIGHER-ED-046/exhibit/AGY-ST-EDUCATION-HIGHER-ED-046
Ex. AGY-ST-TRADE-BOARDS-019Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak (emergency diploma privilege with 360 hours of supervised practice)Utah Supreme CourtApr. 21, 2020Utah Supreme Court, Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak (emergency diploma privilege with 360 hours of supervised practice) (Apr. 21, 2020) (Ex. AGY-ST-TRADE-BOARDS-019)/library/AGY-ST-TRADE-BOARDS-019/exhibit/AGY-ST-TRADE-BOARDS-019
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-017UTA notice, Mar. 27, 2020, 'Temporary Service Reductions Starting April 5th': bus ridership down 56 percent, FrontRunner 75 percent, TRAX 60 percent…Utah Transit Authority (UTA)Mar. 27, 2020Utah Transit Authority (UTA), UTA notice, Mar. 27, 2020, 'Temporary Service Reductions Starting April 5th': bus ridership down 56 percent, FrontRunner 75 percent, TRAX 60 percent, paratransit 75 percent; frequencies cut (TRAX 15 to 30 minutes; FrontRunner 30 to 60 minutes; UVX 6 to 15 minutes); some commuter routes suspended; operators not handling passes, visual fare inspection only; rear-door boarding signage; passenger line moved back six feet (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-017)/library/AGY-ST-TRANSPORT-PORTS-TRANSIT-017/exhibit/AGY-ST-TRANSPORT-PORTS-TRANSIT-017
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the…Utah Transit Authority (UTA)June 27, 2020Utah Transit Authority (UTA), UTA announcement, June 27, 2020: face masks or coverings required for all riders and employees in Salt Lake County from June 27, 2020 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; system-wide requirement for all riders and employees from July 1, 2020 until further notice (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-018)/library/AGY-ST-TRANSPORT-PORTS-TRANSIT-018/exhibit/AGY-ST-TRANSPORT-PORTS-TRANSIT-018
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026UTA notice, June 30, 2020, 'Understanding UTA's Face Covering Requirement': from July 1, 2020 all riders and employees required to wear face coverings while on…Utah Transit Authority (UTA)June 30, 2020Utah Transit Authority (UTA), UTA notice, June 30, 2020, 'Understanding UTA's Face Covering Requirement': from July 1, 2020 all riders and employees required to wear face coverings while on the system until further notice, 'in compliance with the Salt Lake County Health Order issued on June 26, 2020'; exemptions for children under 2 and medical conditions; enforcement by information and education, masks provided; signage and announcements (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-026)/library/AGY-ST-TRANSPORT-PORTS-TRANSIT-026/exhibit/AGY-ST-TRANSPORT-PORTS-TRANSIT-026
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-UT-001Utah Code section 26-1-30Utah Legislature (Utah Code Title 26, Utah Health Code, Chapter 1, Department of Health Organization; version effective May 14, 2019)standingUtah Legislature (Utah Code Title 26, Utah Health Code, Chapter 1, Department of Health Organization; version effective May 14, 2019), Utah Code section 26-1-30 (standing) (Ex. DUT-UT-001)/library/DUT-UT-001/exhibit/DUT-UT-001
Ex. DUT-UT-002Utah Code section 26-6-3Utah Legislature (Utah Code Title 26, Chapter 6, Communicable Disease Control Act; version effective May 14, 2019)standingUtah Legislature (Utah Code Title 26, Chapter 6, Communicable Disease Control Act; version effective May 14, 2019), Utah Code section 26-6-3 (standing) (Ex. DUT-UT-002)/library/DUT-UT-002/exhibit/DUT-UT-002
Ex. DUT-UT-003Utah Code section 26-23-6Utah Legislature (Utah Code Title 26, Chapter 23, Enforcement Provisions and Penalties)standingUtah Legislature (Utah Code Title 26, Chapter 23, Enforcement Provisions and Penalties), Utah Code section 26-23-6 (standing) (Ex. DUT-UT-003)/library/DUT-UT-003/exhibit/DUT-UT-003
Ex. DUT-UT-004Utah Code section 26A-1-114Utah Legislature (Utah Code Title 26A, Local Health Authorities, Chapter 1, Local Health Departments)standingUtah Legislature (Utah Code Title 26A, Local Health Authorities, Chapter 1, Local Health Departments), Utah Code section 26A-1-114 (standing) (Ex. DUT-UT-004)/library/DUT-UT-004/exhibit/DUT-UT-004
Ex. DUT-UT-005Utah Code section 26A-1-123Utah Legislature (Utah Code Title 26A, Chapter 1; renumbered and amended by Laws of Utah 1991, ch. 269; amended ch. 112)standingUtah Legislature (Utah Code Title 26A, Chapter 1; renumbered and amended by Laws of Utah 1991, ch. 269; amended ch. 112), Utah Code section 26A-1-123 (standing) (Ex. DUT-UT-005)/library/DUT-UT-005/exhibit/DUT-UT-005
Ex. DUT-UT-006Utah Code section 26-6b-3Utah Legislature (Utah Code Title 26, Chapter 6b, Communicable Diseases -- Treatment, Isolation, and Quarantine Procedures; version effective May 12, 2015)standingUtah Legislature (Utah Code Title 26, Chapter 6b, Communicable Diseases -- Treatment, Isolation, and Quarantine Procedures; version effective May 12, 2015), Utah Code section 26-6b-3 (standing) (Ex. DUT-UT-006)/library/DUT-UT-006/exhibit/DUT-UT-006
Ex. DUT-UT-007Utah Code section 26-6b-2Utah Legislature (Utah Code Title 26, Chapter 6b)standingUtah Legislature (Utah Code Title 26, Chapter 6b), Utah Code section 26-6b-2 (standing) (Ex. DUT-UT-007)/library/DUT-UT-007/exhibit/DUT-UT-007
Ex. DUT-UT-008Utah Code section 53-2a-209Utah Legislature (Utah Code Title 53, Chapter 2a, Emergency Management Act, Part 2, Disaster Response and Recovery Act; version effective May 10, 2016)standingUtah Legislature (Utah Code Title 53, Chapter 2a, Emergency Management Act, Part 2, Disaster Response and Recovery Act; version effective May 10, 2016), Utah Code section 53-2a-209 (standing) (Ex. DUT-UT-008)/library/DUT-UT-008/exhibit/DUT-UT-008
Ex. DUT-UT-009Utah Code section 53-2a-204Utah Legislature (Utah Code Title 53, Chapter 2a, Part 2; version effective June 25, 2020)standingUtah Legislature (Utah Code Title 53, Chapter 2a, Part 2; version effective June 25, 2020), Utah Code section 53-2a-204 (standing) (Ex. DUT-UT-009)/library/DUT-UT-009/exhibit/DUT-UT-009
Ex. DUT-UT-010Utah Code section 53-2a-206Utah Legislature (Utah Code Title 53, Chapter 2a, Part 2)standingUtah Legislature (Utah Code Title 53, Chapter 2a, Part 2), Utah Code section 53-2a-206 (standing) (Ex. DUT-UT-010)/library/DUT-UT-010/exhibit/DUT-UT-010
Ex. DUT-UT-011Utah Code section 34A-6-201Utah Legislature (Utah Code Title 34A, Utah Labor Code, Chapter 6, Utah Occupational Safety and Health Act; version effective May 12, 2015, Laws of Utah 2015, ch. 229)standingUtah Legislature (Utah Code Title 34A, Utah Labor Code, Chapter 6, Utah Occupational Safety and Health Act; version effective May 12, 2015, Laws of Utah 2015, ch. 229), Utah Code section 34A-6-201 (standing) (Ex. DUT-UT-011)/library/DUT-UT-011/exhibit/DUT-UT-011
Ex. DUT-UT-012Utah Code section 34A-6-307Utah Legislature (Utah Code Title 34A, Chapter 6; version effective May 9, 2017)standingUtah Legislature (Utah Code Title 34A, Chapter 6; version effective May 9, 2017), Utah Code section 34A-6-307 (standing) (Ex. DUT-UT-012)/library/DUT-UT-012/exhibit/DUT-UT-012
Ex. DUT-UT-013S.B. 3007, COVID-19 Provisions (enrolled copy)Utah Legislature, 2020 Third Special Session (S.B. 3007, Chief Sponsor Sen. Kirk A. Cullimore, House Sponsor Rep. Marc K. Roberts; Laws of Utah 2020, Third Special Session, ch. 12; signed by Governor Herbert May 4, 2020)standingUtah Legislature, 2020 Third Special Session (S.B. 3007, Chief Sponsor Sen. Kirk A. Cullimore, House Sponsor Rep. Marc K. Roberts; Laws of Utah 2020, Third Special Session, ch. 12; signed by Governor Herbert May 4, 2020), S.B. 3007, COVID-19 Provisions (enrolled copy) (standing) (Ex. DUT-UT-013)/library/DUT-UT-013/exhibit/DUT-UT-013
Ex. DUT-UT-014Utah Code section 78B-4-517 (version effective August 18, 2020)Utah Legislature (Utah Code Title 78B, Chapter 4, Part 5; as amended by S.B. 5003, COVID-19 Immunity Provisions, 2020 Fifth Special Session, Laws of Utah 2020, 5th Spec. Sess., ch. 10)standingUtah Legislature (Utah Code Title 78B, Chapter 4, Part 5; as amended by S.B. 5003, COVID-19 Immunity Provisions, 2020 Fifth Special Session, Laws of Utah 2020, 5th Spec. Sess., ch. 10), Utah Code section 78B-4-517 (version effective August 18, 2020) (standing) (Ex. DUT-UT-014)/library/DUT-UT-014/exhibit/DUT-UT-014
Ex. DUT-UT-015Utah Code section 26-15-2Utah Legislature (Utah Code Title 26, Chapter 15, Food, Sanitation, and Public Health)standingUtah Legislature (Utah Code Title 26, Chapter 15, Food, Sanitation, and Public Health), Utah Code section 26-15-2 (standing) (Ex. DUT-UT-015)/library/DUT-UT-015/exhibit/DUT-UT-015
Ex. DUT-UT-016S.B. 5011, High Risk Population Protection Amendments (enrolled copy)Utah Legislature, 2020 Fifth Special Session (S.B. 5011, Chief Sponsor Sen. Curtis S. Bramble, House Sponsor Rep. Mike Schultz; signed by Governor Herbert July 7, 2020)standingUtah Legislature, 2020 Fifth Special Session (S.B. 5011, Chief Sponsor Sen. Curtis S. Bramble, House Sponsor Rep. Mike Schultz; signed by Governor Herbert July 7, 2020), S.B. 5011, High Risk Population Protection Amendments (enrolled copy) (July 7, 2020) (Ex. DUT-UT-016)/library/DUT-UT-016/exhibit/DUT-UT-016
Ex. DUT-UT-017Protecting High-Risk Individuals: Recommendations for the Workplace (Utah Labor Commission, May 2020)Utah Labor Commission (with the Utah Occupational Safety and Health Division, WCF Insurance and the Utah Department of Health)standingUtah Labor Commission (with the Utah Occupational Safety and Health Division, WCF Insurance and the Utah Department of Health), Protecting High-Risk Individuals: Recommendations for the Workplace (Utah Labor Commission, May 2020) (May 24, 2020) (Ex. DUT-UT-017)/library/DUT-UT-017/exhibit/DUT-UT-017
Ex. DUT-UT-018UOSH Emergency Rule, Utah Administrative Code R614-1-5.F, Face Mask Use to Prevent the Spread of COVID-19 (Filing No. 53189)Utah Labor Commission, Utah Occupational Safety and Health Division (UOSH), 'At the direction of Governor Gary Herbert'standingUtah Labor Commission, Utah Occupational Safety and Health Division (UOSH), 'At the direction of Governor Gary Herbert', UOSH Emergency Rule, Utah Administrative Code R614-1-5.F, Face Mask Use to Prevent the Spread of COVID-19 (Filing No. 53189) (Nov. 9, 2020) (Ex. DUT-UT-018)/library/DUT-UT-018/exhibit/DUT-UT-018
Ex. DUT-UT-019Utah State Bulletin, Vol. 2020, No. 23 (December 1, 2020), Notice of Emergency (120-Day) Rule, Utah Admin. Code R614-1-5, Filing No. 53189Utah Office of Administrative Rules (Utah State Bulletin), publishing the Labor Commission's notice of emergency rule (agency head Jaceson R. Maughan, Commissioner, authorization dated November 6, 2020)standingUtah Office of Administrative Rules (Utah State Bulletin), publishing the Labor Commission's notice of emergency rule (agency head Jaceson R. Maughan, Commissioner, authorization dated November 6, 2020), Utah State Bulletin, Vol. 2020, No. 23 (December 1, 2020), Notice of Emergency (120-Day) Rule, Utah Admin. Code R614-1-5, Filing No. 53189 (Dec. 1, 2020) (Ex. DUT-UT-019)/library/DUT-UT-019/exhibit/DUT-UT-019
Ex. DUT-UT-020coronavirus.utah.gov, Business: Workplace Resources (State Public Health Color-Coded Guidelines and Frequently Asked Questions), as captured May 18, 2020State of Utah, coronavirus.utah.gov (Utah Department of Health and the Governor's Office of Economic Development, 'Utah Leads Together' business resources)standingState of Utah, coronavirus.utah.gov (Utah Department of Health and the Governor's Office of Economic Development, 'Utah Leads Together' business resources), coronavirus.utah.gov, Business: Workplace Resources (State Public Health Color-Coded Guidelines and Frequently Asked Questions), as captured May 18, 2020 (Ex. DUT-UT-020)/library/DUT-UT-020/exhibit/DUT-UT-020
Ex. FED-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-002Notice of February 24, 2021President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)/library/FED-002/exhibit/FED-002
Ex. FED-006Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)Mar. 13, 2020President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)/library/FED-006/exhibit/FED-006
Ex. FED-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)/library/FED-007/exhibit/FED-007
Ex. FED-008Memorandum of February 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)Feb. 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)/library/FED-008/exhibit/FED-008
Ex. FED-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-010Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel CoronavirusAlex M. Azar II, Secretary of Health and Human ServicesJan. 31, 2020Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)/library/FED-010/exhibit/FED-010
Ex. FED-011Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)Alex M. Azar II, Secretary of HHSApr. 21, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)/library/FED-011/exhibit/FED-011
Ex. FED-012Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)Alex M. Azar II, Secretary of HHSJuly 23, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)/library/FED-012/exhibit/FED-012
Ex. FED-013Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)Alex M. Azar II, Secretary of HHSOct. 2, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)/library/FED-013/exhibit/FED-013
Ex. FED-014Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)Alex M. Azar II, Secretary of HHSJan. 7, 2021Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)/library/FED-014/exhibit/FED-014
Ex. FED-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)/library/FED-015/exhibit/FED-015
Ex. FED-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)/library/FED-016/exhibit/FED-016
Ex. FED-020CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)Jan. 29, 2021Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)/library/FED-020/exhibit/FED-020
Ex. FED-022CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)Sept. 1, 2020Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)/library/FED-022/exhibit/FED-022
Ex. FED-023CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)Centers for Disease Control and Prevention, HHSJan. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)/library/FED-023/exhibit/FED-023
Ex. FED-024CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)Centers for Disease Control and Prevention, HHSMar. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)/library/FED-024/exhibit/FED-024
Ex. FED-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)/library/FED-025/exhibit/FED-025
Ex. FED-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)/library/FED-026/exhibit/FED-026
Ex. FED-027CDC No Sail Order and Suspension of Further EmbarkationCenters for Disease Control and Prevention, HHS (CDC Director)Mar. 14, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)/library/FED-027/exhibit/FED-027
Ex. FED-028No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)Centers for Disease Control and Prevention, HHSApr. 9, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)/library/FED-028/exhibit/FED-028
Ex. FED-029No Sail Order; Second Modification and Extension (July 16, 2020)Centers for Disease Control and Prevention, HHSJuly 16, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)/library/FED-029/exhibit/FED-029
Ex. FED-030No Sail Order; Third Modification and Extension (Sept. 30, 2020)Centers for Disease Control and Prevention, HHSSept. 30, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)/library/FED-030/exhibit/FED-030
Ex. FED-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)/library/FED-031/exhibit/FED-031
Ex. FED-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)/library/FED-032/exhibit/FED-032
Ex. FED-034CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')Centers for Disease Control and Prevention, HHS (CDC Director)Mar. 20, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)/library/FED-034/exhibit/FED-034
Ex. FED-036Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)Centers for Disease Control and Prevention, HHSMay 19, 2020Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)/library/FED-036/exhibit/FED-036
Ex. FED-037CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)Centers for Disease Control and Prevention, HHSOct. 13, 2020Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)/library/FED-037/exhibit/FED-037
Ex. FED-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)/library/FED-038/exhibit/FED-038
Ex. FED-039Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…Centers for Disease Control and Prevention, HHSMar. 20, 2020Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)/library/FED-039/exhibit/FED-039
Ex. FED-040CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United KingdomCenters for Disease Control and Prevention, HHSDec. 25, 2020Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)/library/FED-040/exhibit/FED-040
Ex. FED-041CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…Centers for Disease Control and Prevention, HHSJan. 12, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)/library/FED-041/exhibit/FED-041
Ex. FED-042CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)Jan. 25, 2021Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)/library/FED-042/exhibit/FED-042
Ex. FED-048Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…Centers for Disease Control and Prevention, HHSSept. 11, 2020Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)/library/FED-048/exhibit/FED-048
Ex. FED-050TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)Jan. 31, 2021Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)/library/FED-050/exhibit/FED-050
Ex. FED-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)/library/FED-051/exhibit/FED-051
Ex. FED-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)/library/FED-052/exhibit/FED-052
Ex. FED-053TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)/library/FED-053/exhibit/FED-053
Ex. FED-055Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)/library/FED-055/exhibit/FED-055
Ex. FED-056Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight BoardApr. 20, 2021Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)/library/FED-056/exhibit/FED-056
Ex. FED-057Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)Acting Secretary of Homeland Security David P. PekoskeJan. 27, 2021Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)/library/FED-057/exhibit/FED-057
Ex. FED-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-061Executive Order 13998President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)/library/FED-061/exhibit/FED-061
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)/library/FED-063/exhibit/FED-063
Ex. FED-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-066Executive Order 13945President Donald J. TrumpAug. 8, 2020President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)/library/FED-066/exhibit/FED-066
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-071Executive Order 13910President Donald J. TrumpMar. 23, 2020President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)/library/FED-071/exhibit/FED-071
Ex. FED-073Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)President Donald J. TrumpApr. 28, 2020President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)/library/FED-073/exhibit/FED-073
Ex. FED-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)/library/FED-074/exhibit/FED-074
Ex. FED-075Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic UseFederal Emergency Management Agency, DHSApr. 7, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)/library/FED-075/exhibit/FED-075
Ex. FED-076Notification of Exemptions to the PPE allocation ruleFederal Emergency Management Agency, DHSApr. 17, 2020Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)/library/FED-076/exhibit/FED-076
Ex. FED-077Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)Federal Emergency Management Agency, DHSAug. 10, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)/library/FED-077/exhibit/FED-077
Ex. FED-078Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)Federal Emergency Management Agency, DHSDec. 31, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)/library/FED-078/exhibit/FED-078
Ex. FED-080Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)Occupational Safety and Health Administration, U.S. Department of LaborJune 21, 2021Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)/library/FED-080/exhibit/FED-080
Ex. FED-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)/library/FED-081/exhibit/FED-081
Ex. FED-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)/library/FED-082/exhibit/FED-082
Ex. FED-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)/library/FED-083/exhibit/FED-083
Ex. FED-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)/library/FED-084/exhibit/FED-084
Ex. FED-088Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)OSHA, U.S. Department of LaborMar. 9, 2020OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)/library/FED-088/exhibit/FED-088
Ex. FED-090CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…Centers for Medicare & Medicaid Services, HHSMar. 30, 2020Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)/library/FED-090/exhibit/FED-090
Ex. FED-091CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)Centers for Medicare & Medicaid Services, HHSMay 1, 2020Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)/library/FED-091/exhibit/FED-091
Ex. FED-092CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…Centers for Medicare & Medicaid Services, HHSSept. 2, 2020Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)/library/FED-092/exhibit/FED-092
Ex. FED-093CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)Nov. 2, 2020Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)/library/FED-093/exhibit/FED-093
Ex. FED-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)/library/FED-094/exhibit/FED-094
Ex. FED-096CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight GroupMar. 4, 2020CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)/library/FED-096/exhibit/FED-096
Ex. FED-097QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)CMS, Quality, Safety & Oversight GroupMar. 13, 2020CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)/library/FED-097/exhibit/FED-097
Ex. FED-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)/library/FED-098/exhibit/FED-098
Ex. FED-099CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 23, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)/library/FED-099/exhibit/FED-099
Ex. FED-100FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 29, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)/library/FED-100/exhibit/FED-100
Ex. FED-104FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)/library/FED-104/exhibit/FED-104
Ex. FED-109FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)/library/FED-109/exhibit/FED-109
Ex. FED-113FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 26, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)/library/FED-113/exhibit/FED-113
Ex. FED-115FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 23, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)/library/FED-115/exhibit/FED-115
Ex. FED-118FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 24, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)/library/FED-118/exhibit/FED-118
Ex. FED-130FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)/library/FED-130/exhibit/FED-130
Ex. FED-132FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 20, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)/library/FED-132/exhibit/FED-132
Ex. FED-133FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)/library/FED-133/exhibit/FED-133
Ex. FED-143FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)/library/FED-143/exhibit/FED-143
Ex. FED-147FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)/library/FED-147/exhibit/FED-147
Ex. FED-150FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Apr. 11, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)/library/FED-150/exhibit/FED-150
Ex. FED-154QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)CMS, Quality, Safety & Oversight GroupSept. 17, 2020CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)/library/FED-154/exhibit/FED-154
Ex. FED-155QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19CMS, Quality, Safety & Oversight GroupMar. 10, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)/library/FED-155/exhibit/FED-155
Ex. FED-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)/library/FED-156/exhibit/FED-156
Ex. FED-157QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)CMS, Quality, Safety & Oversight GroupMay 18, 2020CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)/library/FED-157/exhibit/FED-157
Ex. FED-158CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…Centers for Medicare & Medicaid Services, HHSApr. 7, 2020Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)/library/FED-158/exhibit/FED-158
Ex. FED-159CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)Centers for Medicare & Medicaid Services, HHSApr. 19, 2020Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)/library/FED-159/exhibit/FED-159
Ex. FED-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)/library/FED-160/exhibit/FED-160
Ex. FED-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)/library/FED-161/exhibit/FED-161
Ex. FED-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)/library/FED-163/exhibit/FED-163
Ex. FED-164CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 4, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)/library/FED-164/exhibit/FED-164
Ex. FED-165CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupJune 1, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)/library/FED-165/exhibit/FED-165
Ex. FED-166CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupAug. 17, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)/library/FED-166/exhibit/FED-166
Ex. FED-168CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…CMS, Quality, Safety & Oversight GroupAug. 26, 2020CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)/library/FED-168/exhibit/FED-168
Ex. FED-170Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…Congress (Pub. L. 116-127); approved by the PresidentMar. 18, 2020Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)/library/FED-170/exhibit/FED-170
Ex. FED-171Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826Wage and Hour Division, U.S. Department of LaborApr. 1, 2020Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)/library/FED-171/exhibit/FED-171
Ex. FED-172Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)Wage and Hour Division, U.S. Department of LaborSept. 11, 2020Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)/library/FED-172/exhibit/FED-172
Ex. FED-173Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…Congress (Pub. L. 116-260)Dec. 27, 2020Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)/library/FED-173/exhibit/FED-173
Ex. FED-174American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…Congress (Pub. L. 117-2); approved by the PresidentMar. 11, 2021Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)/library/FED-174/exhibit/FED-174
Ex. FED-180Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)Secretary of Health and Human ServicesMar. 10, 2020Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)/library/FED-180/exhibit/FED-180
Ex. FED-181Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…Secretary of Health and Human ServicesFeb. 4, 2020Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)/library/FED-181/exhibit/FED-181
Ex. FED-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)/library/FED-182/exhibit/FED-182
Ex. FED-183Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devicesSecretary of Health and Human ServicesMar. 24, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)/library/FED-183/exhibit/FED-183
Ex. FED-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)/library/FED-184/exhibit/FED-184
Ex. FED-185Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)Dec. 11, 2020Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)/library/FED-185/exhibit/FED-185
Ex. FED-186Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)Food and Drug Administration, HHSDec. 18, 2020Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)/library/FED-186/exhibit/FED-186
Ex. FED-187Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)Food and Drug Administration, HHSFeb. 27, 2021Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)/library/FED-187/exhibit/FED-187
Ex. FED-190The President's Coronavirus Guidelines for America: 15 Days to Slow the SpreadThe President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)/library/FED-190/exhibit/FED-190
Ex. FED-19130 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)The President and the White House Coronavirus Task ForceMar. 31, 2020The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)/library/FED-191/exhibit/FED-191
Ex. FED-192Guidelines for Opening Up America Again (Apr. 16, 2020)The President and the White House Coronavirus Task ForceApr. 16, 2020The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)/library/FED-192/exhibit/FED-192
Ex. FED-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)/library/FED-194/exhibit/FED-194
Ex. FED-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-202Proclamation 9993President Donald J. TrumpMar. 11, 2020President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)/library/FED-202/exhibit/FED-202
Ex. FED-203Proclamation 9996President Donald J. TrumpMar. 14, 2020President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)/library/FED-203/exhibit/FED-203
Ex. FED-204Proclamation 10041President Donald J. TrumpMay 24, 2020President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)/library/FED-204/exhibit/FED-204
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-210Proclamation 10014President Donald J. TrumpApr. 22, 2020President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)/library/FED-210/exhibit/FED-210
Ex. FED-211Proclamation 10052President Donald J. TrumpJune 22, 2020President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)/library/FED-211/exhibit/FED-211
Ex. FED-212Proclamation 10054President Donald J. TrumpJune 29, 2020President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)/library/FED-212/exhibit/FED-212
Ex. FED-213Proclamation 10131President Donald J. TrumpDec. 31, 2020President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)/library/FED-213/exhibit/FED-213
Ex. FED-214Proclamation 10149President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)/library/FED-214/exhibit/FED-214
Ex. FED-216Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border ProtectionMar. 24, 2020U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)/library/FED-216/exhibit/FED-216
Ex. FED-217Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)/library/FED-217/exhibit/FED-217
Ex. FED-219Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)/library/FED-219/exhibit/FED-219
Ex. FED-222Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)/library/FED-222/exhibit/FED-222
Ex. FED-225Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)/library/FED-225/exhibit/FED-225
Ex. FED-226Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)/library/FED-226/exhibit/FED-226
Ex. FED-229Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)/library/FED-229/exhibit/FED-229
Ex. FED-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)/library/FED-232/exhibit/FED-232
Ex. FED-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)/library/FED-235/exhibit/FED-235
Ex. FED-239Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…DHS (Acting Secretary Chad F. Wolf), with CBPMar. 24, 2020DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)/library/FED-239/exhibit/FED-239
Ex. FED-240Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)/library/FED-240/exhibit/FED-240
Ex. FED-242Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)/library/FED-242/exhibit/FED-242
Ex. FED-245Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)/library/FED-245/exhibit/FED-245
Ex. FED-248Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)/library/FED-248/exhibit/FED-248
Ex. FED-249Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)/library/FED-249/exhibit/FED-249
Ex. FED-252Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)/library/FED-252/exhibit/FED-252
Ex. FED-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)/library/FED-255/exhibit/FED-255
Ex. FED-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)/library/FED-258/exhibit/FED-258
Ex. FED-264OMB Memorandum M-20-16Office of Management and Budget (Acting Director Russell T. Vought)Mar. 17, 2020Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)/library/FED-264/exhibit/FED-264
Ex. FED-265OMB Memorandum M-20-17Office of Management and BudgetMar. 19, 2020Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)/library/FED-265/exhibit/FED-265
Ex. FED-266OMB Memorandum M-20-18Office of Management and Budget (Deputy Director for Management)Mar. 20, 2020Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)/library/FED-266/exhibit/FED-266
Ex. FED-267OMB Memorandum M-20-19Office of Management and BudgetMar. 22, 2020Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)/library/FED-267/exhibit/FED-267
Ex. FED-268OMB/OPM Memorandum M-20-23Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)Apr. 20, 2020Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)/library/FED-268/exhibit/FED-268
Ex. FED-270Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task ForceJan. 24, 2021Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)/library/FED-270/exhibit/FED-270
Ex. FED-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)/library/FED-271/exhibit/FED-271
Ex. FED-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)/library/FED-272/exhibit/FED-272
Ex. FED-274Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Safer Federal Workforce Task Force; approved by the Director of OMBSept. 24, 2021Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)/library/FED-274/exhibit/FED-274
Ex. FED-275Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)Office of Management and Budget (Acting Director Shalanda D. Young)Sept. 24, 2021Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)/library/FED-275/exhibit/FED-275
Ex. FED-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)/library/FED-278/exhibit/FED-278
Ex. FED-279Order of March 16, 2020 (COVID-19 building access)United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)Mar. 16, 2020United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)/library/FED-279/exhibit/FED-279
Ex. FED-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)/library/FED-280/exhibit/FED-280
Ex. FED-281Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019Deputy Secretary of Defense David L. NorquistMar. 13, 2020Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)/library/FED-281/exhibit/FED-281
Ex. FED-282Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel RestrictionsSecretary of Defense Mark T. EsperApr. 20, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)/library/FED-282/exhibit/FED-282
Ex. FED-283Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…Secretary of Defense Mark T. EsperMay 22, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)/library/FED-283/exhibit/FED-283
Ex. FED-284Order of the Chief Judge No. 20-042Chief Judge Virginia A. PhillipsMar. 19, 2020Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)/library/FED-284/exhibit/FED-284
Ex. FED-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)/library/FED-285/exhibit/FED-285
Ex. FED-286General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)/library/FED-286/exhibit/FED-286
Ex. FED-288General Order 2020-8Chief Judge Philip A. BrimmerMay 6, 2020Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)/library/FED-288/exhibit/FED-288
Ex. FED-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)/library/FED-290
Ex. FED-291Press release of March 16, 2020 (postponement of the March 2020 argument session)Supreme Court of the United States (Public Information Office)Mar. 16, 2020Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)/library/FED-291/exhibit/FED-291
Ex. FED-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)/library/FED-292/exhibit/FED-292
Ex. FED-293Press release of April 3, 2020 (postponement of the April 2020 argument session)Supreme Court of the United States (Public Information Office)Apr. 3, 2020Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)/library/FED-293/exhibit/FED-293
Ex. FED-294Press release of April 13, 2020 (telephone arguments in May 2020)Supreme Court of the United States (Public Information Office)Apr. 13, 2020Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)/library/FED-294/exhibit/FED-294
Ex. FED-295Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020Mar. 29, 2020Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)/library/FED-295/exhibit/FED-295
Ex. FED-296Tenth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerFeb. 12, 2021Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)/library/FED-296/exhibit/FED-296
Ex. FED-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)/library/FED-297/exhibit/FED-297
Ex. FED-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)/library/FED-298/exhibit/FED-298
Ex. FED-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)/library/FED-299/exhibit/FED-299
Ex. FED-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)/library/FED-300/exhibit/FED-300
Ex. FED-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-303Standing Order 20-17Chief Judge Freda L. WolfsonNov. 25, 2020Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)/library/FED-303/exhibit/FED-303
Ex. FED-304Third Extension of Standing Order 20-12Chief Judge Freda L. WolfsonDec. 17, 2020Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)/library/FED-304/exhibit/FED-304
Ex. FED-305Standing Order 21-02Chief Judge Freda L. WolfsonMar. 17, 2021Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)/library/FED-305/exhibit/FED-305
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-310Second Amended Standing Order 2020-02Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)/library/FED-310/exhibit/FED-310
Ex. FED-311Standing Order 2020-04Chief Judge James K. BredarMar. 16, 2020Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)/library/FED-311/exhibit/FED-311
Ex. FED-312Standing Order 2020-05Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)/library/FED-312/exhibit/FED-312
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-316Fourth Amendment to General Order 20-01Chief Judge Thomas W. Thrash, Jr.July 31, 2020Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)/library/FED-316/exhibit/FED-316
Ex. FED-317General Order 72Chief Judge Phyllis J. HamiltonMar. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)/library/FED-317/exhibit/FED-317
Ex. FED-318General Order 72-2Chief Judge Phyllis J. HamiltonApr. 30, 2020Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)/library/FED-318/exhibit/FED-318
Ex. FED-319Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…U.S. Department of State, Bureau of Consular AffairsMar. 26, 2020U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)/library/FED-319
Ex. FED-320Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)U.S. Department of Homeland Security, U.S. Citizenship and Immigration ServicesApr. 20, 2020U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)/library/FED-320/exhibit/FED-320
Ex. FED-321Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)U.S. Department of Homeland Security, USCISMay 14, 2020U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)/library/FED-321/exhibit/FED-321
Ex. FED-322Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…DHS, USCISAug. 20, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)/library/FED-322/exhibit/FED-322
Ex. FED-323Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…DHS, USCISDec. 18, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)/library/FED-323/exhibit/FED-323
Ex. FED-324USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020U.S. Citizenship and Immigration ServicesMar. 17, 2020U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)/library/FED-324/exhibit/FED-324
Ex. FED-325USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4U.S. Citizenship and Immigration ServicesMay 27, 2020U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)/library/FED-325/exhibit/FED-325
Ex. FED-327Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)U.S. Department of State, Bureau of Consular AffairsMar. 20, 2020U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)/library/FED-327/exhibit/FED-327
Ex. FED-328Phased Resumption of Routine Visa Services (announcement of July 14, 2020)U.S. Department of State, Bureau of Consular AffairsJuly 14, 2020U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)/library/FED-328/exhibit/FED-328
Ex. FED-331General Order 72-4Chief Judge Phyllis J. HamiltonJune 24, 2020Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)/library/FED-331/exhibit/FED-331
Ex. FED-332General Order 72-5Chief Judge Phyllis J. HamiltonJuly 23, 2020Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)/library/FED-332/exhibit/FED-332
Ex. FED-333General Order 72-6Chief Judge Phyllis J. HamiltonSept. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)/library/FED-333/exhibit/FED-333
Ex. FED-334General Order 73 (Amended May 21, 2020)Chief Judge Phyllis J. HamiltonMay 21, 2020Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)/library/FED-334/exhibit/FED-334
Ex. FED-336General Order 77Chief Judge Phyllis J. HamiltonJune 9, 2020Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)/library/FED-336/exhibit/FED-336
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-338General Order 20-0012 (original)Chief Judge Rebecca R. PallmeyerMar. 12, 2020Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)/library/FED-338/exhibit/FED-338
Ex. FED-339Eighth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerNov. 13, 2020Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)/library/FED-339/exhibit/FED-339
Ex. FED-340CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…Congress (Pub. L. 116-136, signed Mar. 27, 2020)Mar. 27, 2020Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)/library/FED-340/exhibit/FED-340
Ex. FED-342Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank SupervisorsApr. 7, 2020Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)/library/FED-342/exhibit/FED-342
Ex. FED-343Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…Bureau of Consumer Financial ProtectionJune 30, 2020Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)/library/FED-343/exhibit/FED-343
Ex. FED-344Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…Bureau of Consumer Financial ProtectionJune 25, 2021Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)/library/FED-344/exhibit/FED-344
Ex. FED-345Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)President Donald J. Trump (Memorandum for the Secretary of Education)Aug. 8, 2020President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)/library/FED-345/exhibit/FED-345
Ex. FED-346FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed MortgagesFederal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie MacMar. 18, 2020Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)/library/FED-346/exhibit/FED-346
Ex. FED-348FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)Federal Housing Finance AgencyJune 17, 2020Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)/library/FED-348/exhibit/FED-348
Ex. FED-349FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)Federal Housing Finance AgencyAug. 27, 2020Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)/library/FED-349/exhibit/FED-349
Ex. FED-350FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)Federal Housing Finance AgencyDec. 2, 2020Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)/library/FED-350/exhibit/FED-350
Ex. FED-353FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…Federal Housing Finance AgencyFeb. 25, 2021Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)/library/FED-353/exhibit/FED-353
Ex. FED-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)/library/FED-354/exhibit/FED-354
Ex. FED-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)/library/FED-355/exhibit/FED-355
Ex. FED-356Mortgagee Letter 2020-04U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)Mar. 18, 2020U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)/library/FED-356/exhibit/FED-356
Ex. FED-359Mortgagee Letter 2020-19HUD, Federal Housing AdministrationJune 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)/library/FED-359
Ex. FED-360Mortgagee Letter 2020-27HUD, Federal Housing AdministrationAug. 27, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)/library/FED-360/exhibit/FED-360
Ex. FED-361Mortgagee Letter 2020-43HUD, Federal Housing AdministrationDec. 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)/library/FED-361/exhibit/FED-361
Ex. FED-362Mortgagee Letter 2021-03HUD, Federal Housing AdministrationJan. 21, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)/library/FED-362/exhibit/FED-362
Ex. FED-363Mortgagee Letter 2021-05HUD, Federal Housing AdministrationFeb. 16, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)/library/FED-363/exhibit/FED-363
Ex. FED-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-367Circular 26-20-7Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty ServiceMar. 16, 2020Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)/library/FED-367/exhibit/FED-367
Ex. FED-368Circular 26-20-8VA, Loan Guaranty ServiceMar. 18, 2020VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)/library/FED-368/exhibit/FED-368
Ex. FED-369Circular 26-20-12VA, Loan Guaranty ServiceApr. 8, 2020VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)/library/FED-369/exhibit/FED-369
Ex. FED-371Circular 26-20-22VA, Loan Guaranty ServiceJune 17, 2020VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)/library/FED-371/exhibit/FED-371
Ex. FED-372Circular 26-20-23VA, Loan Guaranty ServiceJune 18, 2020VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)/library/FED-372/exhibit/FED-372
Ex. FED-373Circular 26-20-29VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)/library/FED-373/exhibit/FED-373
Ex. FED-374Circular 26-20-30VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)/library/FED-374/exhibit/FED-374
Ex. FED-375Circular 26-20-40VA, Loan Guaranty ServiceDec. 28, 2020VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)/library/FED-375/exhibit/FED-375
Ex. FED-376Circular 26-21-2VA, Loan Guaranty ServiceJan. 29, 2021VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)/library/FED-376/exhibit/FED-376
Ex. FED-377Circular 26-21-5VA, Loan Guaranty ServiceFeb. 16, 2021VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)/library/FED-377
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-381USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…U.S. Department of Agriculture, Rural DevelopmentMar. 19, 2020U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)/library/FED-381
Ex. FED-382USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…USDA Rural DevelopmentDec. 28, 2020USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)/library/FED-382
Ex. FED-384USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…USDA Rural Development (with the White House announcement of June 24, 2021)June 24, 2021USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)/library/FED-384
Ex. FED-385USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)July 30, 2021USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)/library/FED-385/exhibit/FED-385
Ex. FED-386Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…Secretary of the Interior David L. BernhardtMar. 22, 2020Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)/library/FED-386/exhibit/FED-386
Ex. FED-387NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…Secretary of the Interior David L. Bernhardt; National Park ServiceMar. 18, 2020Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)/library/FED-387/exhibit/FED-387
Ex. FED-389BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in OregonBureau of Land Management, Oregon/Washington State Office and District ManagersMar. 27, 2020Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)/library/FED-389/exhibit/FED-389
Ex. FED-390Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitorsBureau of ReclamationMar. 17, 2020Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)/library/FED-390/exhibit/FED-390
Ex. FED-391USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment OnlyU.S. Department of Agriculture, Farm Production and Conservation mission areaMar. 23, 2020U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)/library/FED-391
Ex. FED-393USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…U.S. Army Corps of Engineers Headquarters and district commandersMar. 17, 2020U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)/library/FED-393
Ex. FED-396The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…The President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)/library/FED-396/exhibit/FED-396
Ex. FED-398H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)May 15, 2020U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)/library/FED-398/exhibit/FED-398
Ex. LAW-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)/library/LAW-001/exhibit/LAW-001
Ex. LAW-002Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…United States CongressDec. 27, 2020United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)/library/LAW-002/exhibit/LAW-002
Ex. LAW-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)/library/LAW-003/exhibit/LAW-003
Ex. LAW-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)/library/LAW-004/exhibit/LAW-004
Ex. TX-004Executive Order GA-09Governor Greg AbbottMar. 22, 2020Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)/library/TX-004/exhibit/TX-004
Ex. UT-001Executive Order 2020-1Governor Gary R. HerbertMar. 6, 2020Governor Gary R. Herbert, Executive Order 2020-1 (Mar. 6, 2020) (Ex. UT-001)/library/UT-001/exhibit/UT-001
Ex. UT-002State Public Health Order (statewide restrictions on food service establishments; long-term care access) of March 21, 2020, superseding the order of March 17…Joseph K. Miner, M.D., Executive Director, Utah Department of HealthMar. 21, 2020Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order (statewide restrictions on food service establishments; long-term care access) of March 21, 2020, superseding the order of March 17, 2020 (Mar. 21, 2020) (Ex. UT-002)/library/UT-002/exhibit/UT-002
Ex. UT-003State Public Health Order UPHO 2020-03 (elective surgeries and procedures)Joseph K. Miner, M.D., Executive Director, Utah Department of HealthMar. 23, 2020Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order UPHO 2020-03 (elective surgeries and procedures) (Mar. 23, 2020) (Ex. UT-003)/library/UT-003/exhibit/UT-003
Ex. UT-004The Governor's Coronavirus Directive for Utah, "Stay Safe, Stay Home"Governor Gary R. HerbertMar. 27, 2020Governor Gary R. Herbert, The Governor's Coronavirus Directive for Utah, "Stay Safe, Stay Home" (Mar. 27, 2020) (Ex. UT-004)/library/UT-004/exhibit/UT-004
Ex. UT-005State Public Health Order of April 1, 2020 (self-isolation and quarantine; food service establishments)Joseph K. Miner, M.D., Executive Director, Utah Department of HealthApr. 1, 2020Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order of April 1, 2020 (self-isolation and quarantine; food service establishments) (Apr. 1, 2020) (Ex. UT-005)/library/UT-005/exhibit/UT-005
Ex. UT-006Executive Order 2020-13Governor Gary R. HerbertApr. 2, 2020Governor Gary R. Herbert, Executive Order 2020-13 (Apr. 2, 2020) (Ex. UT-006)/library/UT-006/exhibit/UT-006
Ex. UT-007Executive Order 2020-15Governor Gary R. HerbertApr. 8, 2020Governor Gary R. Herbert, Executive Order 2020-15 (Apr. 8, 2020) (Ex. UT-007)/library/UT-007/exhibit/UT-007
Ex. UT-008Executive Order 2020-16Governor Gary R. HerbertApr. 10, 2020Governor Gary R. Herbert, Executive Order 2020-16 (Apr. 10, 2020) (Ex. UT-008)/library/UT-008/exhibit/UT-008
Ex. UT-009The Governor's Coronavirus Directive for Utah, "Stay Safe, Stay Home", Updated April 10, 2020Governor Gary R. HerbertApr. 10, 2020Governor Gary R. Herbert, The Governor's Coronavirus Directive for Utah, "Stay Safe, Stay Home", Updated April 10, 2020 (Apr. 10, 2020) (Ex. UT-009)/library/UT-009/exhibit/UT-009
Ex. UT-010State Public Health Order of April 14, 2020 (version 1.2.0) (self-isolation and quarantine; food service establishments)Joseph K. Miner, M.D., Executive Director, Utah Department of HealthApr. 14, 2020Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order of April 14, 2020 (version 1.2.0) (self-isolation and quarantine; food service establishments) (Apr. 14, 2020) (Ex. UT-010)/library/UT-010/exhibit/UT-010
Ex. UT-011Executive Order 2020-18Governor Gary R. HerbertApr. 29, 2020Governor Gary R. Herbert, Executive Order 2020-18 (Apr. 29, 2020) (Ex. UT-011)/library/UT-011/exhibit/UT-011
Ex. UT-012Executive Order 2020-19Governor Gary R. HerbertApr. 29, 2020Governor Gary R. Herbert, Executive Order 2020-19 (Apr. 29, 2020) (Ex. UT-012)/library/UT-012/exhibit/UT-012
Ex. UT-013Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation, Version 4.1 (5/6/2020)Utah Department of Health (Phased Guidelines adopted and made mandatory by EO 2020-20, May 6, 2020, and successors)May 6, 2020Utah Department of Health (Phased Guidelines adopted and made mandatory by EO 2020-20, May 6, 2020, and successors), Phased Guidelines for the General Public and Businesses to Maximize Public Health and Economic Reactivation, Version 4.1 (5/6/2020) (May 6, 2020) (Ex. UT-013)/library/UT-013/exhibit/UT-013
Ex. UT-014State Public Health Order rescinding the March 23, 2020 elective-procedure order and imposing protocols on covered healthcare providers (version dated May 1…Joseph K. Miner, M.D., Executive Director, Utah Department of HealthMay 1, 2020Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order rescinding the March 23, 2020 elective-procedure order and imposing protocols on covered healthcare providers (version dated May 1, 2020; original Apr. 21, 2020) (Ex. UT-014)/library/UT-014/exhibit/UT-014
Ex. UT-015Executive Order 2020-22Governor Gary R. HerbertMay 15, 2020Governor Gary R. Herbert, Executive Order 2020-22 (May 15, 2020) (Ex. UT-015)/library/UT-015/exhibit/UT-015
Ex. UT-016Executive Order 2020-27Governor Gary R. HerbertMay 29, 2020Governor Gary R. Herbert, Executive Order 2020-27 (May 29, 2020) (Ex. UT-016)/library/UT-016/exhibit/UT-016
Ex. UT-017Executive Order 2020-31Governor Gary R. HerbertJune 12, 2020Governor Gary R. Herbert, Executive Order 2020-31 (June 12, 2020) (Ex. UT-017)/library/UT-017/exhibit/UT-017
Ex. UT-018Executive Order 2020-34Governor Gary R. HerbertJune 26, 2020Governor Gary R. Herbert, Executive Order 2020-34 (June 26, 2020) (Ex. UT-018)/library/UT-018/exhibit/UT-018
Ex. UT-019State Public Health Order UPHO 2020-10Joseph K. Miner, M.D., Executive Director, Utah Department of HealthJuly 17, 2020Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order UPHO 2020-10 (July 17, 2020) (Ex. UT-019)/library/UT-019/exhibit/UT-019
Ex. UT-020Executive Order 2020-44Governor Gary R. HerbertJuly 17, 2020Governor Gary R. Herbert, Executive Order 2020-44 (July 17, 2020) (Ex. UT-020)/library/UT-020/exhibit/UT-020
Ex. UT-021Executive Order 2020-50Governor Gary R. HerbertAug. 14, 2020Governor Gary R. Herbert, Executive Order 2020-50 (Aug. 14, 2020) (Ex. UT-021)/library/UT-021/exhibit/UT-021
Ex. UT-022Executive Order 2020-51Governor Gary R. HerbertAug. 20, 2020Governor Gary R. Herbert, Executive Order 2020-51 (Aug. 20, 2020) (Ex. UT-022)/library/UT-022/exhibit/UT-022
Ex. UT-023State Public Health Order 2020-14Utah Department of Health (Executive Director)Sept. 22, 2020Utah Department of Health (Executive Director), State Public Health Order 2020-14 (Sept. 22, 2020) (Ex. UT-023)/library/UT-023/exhibit/UT-023
Ex. UT-024Executive Order 2020-63Governor Gary R. HerbertSept. 19, 2020Governor Gary R. Herbert, Executive Order 2020-63 (Sept. 19, 2020) (Ex. UT-024)/library/UT-024/exhibit/UT-024
Ex. UT-025State Public Health Order 2020-17Richard G. Saunders, Executive Director, Utah Department of Health, with the concurrence of the GovernorOct. 14, 2020Richard G. Saunders, Executive Director, Utah Department of Health, with the concurrence of the Governor, State Public Health Order 2020-17 (Oct. 14, 2020) (Ex. UT-025)/library/UT-025/exhibit/UT-025
Ex. UT-026State Public Health Order 2020-18Richard G. Saunders, Executive Director, Utah Department of HealthOct. 14, 2020Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-18 (Oct. 14, 2020) (Ex. UT-026)/library/UT-026/exhibit/UT-026
Ex. UT-027State Public Health Order 2020-20Richard G. Saunders, Executive Director, Utah Department of HealthOct. 29, 2020Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-20 (Oct. 29, 2020) (Ex. UT-027)/library/UT-027/exhibit/UT-027
Ex. UT-028Executive Order 2020-72Governor Gary R. HerbertNov. 8, 2020Governor Gary R. Herbert, Executive Order 2020-72 (Nov. 8, 2020) (Ex. UT-028)/library/UT-028/exhibit/UT-028
Ex. UT-029Executive Order 2020-73Governor Gary R. HerbertNov. 8, 2020Governor Gary R. Herbert, Executive Order 2020-73 (Nov. 8, 2020) (Ex. UT-029)/library/UT-029/exhibit/UT-029
Ex. UT-030Executive Order 2020-75Governor Gary R. HerbertNov. 12, 2020Governor Gary R. Herbert, Executive Order 2020-75 (Nov. 12, 2020) (Ex. UT-030)/library/UT-030/exhibit/UT-030
Ex. UT-031State Public Health Order 2020-24Richard G. Saunders, Executive Director, Utah Department of HealthNov. 12, 2020Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-24 (Nov. 12, 2020) (Ex. UT-031)/library/UT-031/exhibit/UT-031
Ex. UT-032State Public Health Order 2020-25Richard G. Saunders, Executive Director, Utah Department of HealthNov. 20, 2020Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-25 (Nov. 20, 2020) (Ex. UT-032)/library/UT-032/exhibit/UT-032
Ex. UT-033State Public Health Order 2020-26Richard G. Saunders, Executive Director, Utah Department of HealthDec. 8, 2020Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-26 (Dec. 8, 2020) (Ex. UT-033)/library/UT-033/exhibit/UT-033
Ex. UT-034State Public Health Order 2020-27Richard G. Saunders, Executive Director, Utah Department of HealthDec. 17, 2020Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-27 (Dec. 17, 2020) (Ex. UT-034)/library/UT-034/exhibit/UT-034
Ex. UT-035State Public Health Order 2020-28Richard G. Saunders, Executive Director, Utah Department of HealthDec. 17, 2020Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2020-28 (Dec. 17, 2020) (Ex. UT-035)/library/UT-035/exhibit/UT-035
Ex. UT-036State Public Health Order 2021-2Richard G. Saunders, Executive Director, Utah Department of HealthJan. 21, 2021Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-2 (Jan. 21, 2021) (Ex. UT-036)/library/UT-036/exhibit/UT-036
Ex. UT-037State Public Health Order 2021-3Richard G. Saunders, Executive Director, Utah Department of HealthJan. 21, 2021Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-3 (Jan. 21, 2021) (Ex. UT-037)/library/UT-037/exhibit/UT-037
Ex. UT-038State Public Health Order 2021-7Richard G. Saunders, Executive Director, Utah Department of HealthFeb. 24, 2021Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-7 (Feb. 24, 2021) (Ex. UT-038)/library/UT-038/exhibit/UT-038
Ex. UT-039State Public Health Order 2021-9Richard G. Saunders, Executive Director, Utah Department of HealthMar. 26, 2021Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-9 (Mar. 26, 2021) (Ex. UT-039)/library/UT-039/exhibit/UT-039
Ex. UT-040H.B. 294, Pandemic Emergency Powers Amendments, 2021 General SessionUtah Legislature (Chief Sponsor Rep. Paul Ray); signed by Governor Spencer J. CoxMar. 24, 2021Utah Legislature (Chief Sponsor Rep. Paul Ray); signed by Governor Spencer J. Cox, H.B. 294, Pandemic Emergency Powers Amendments, 2021 General Session (Mar. 24, 2021) (Ex. UT-040)/library/UT-040/exhibit/UT-040
Ex. UT-041S.B. 195, Emergency Response Amendments, 2021 General SessionUtah Legislature (Chief Sponsor Sen. Evan J. Vickers); signed by Governor Spencer J. CoxMar. 24, 2021Utah Legislature (Chief Sponsor Sen. Evan J. Vickers); signed by Governor Spencer J. Cox, S.B. 195, Emergency Response Amendments, 2021 General Session (Mar. 24, 2021) (Ex. UT-041)/library/UT-041/exhibit/UT-041
Ex. UT-042State Public Health Order 2021-10Richard G. Saunders, Executive Director, Utah Department of HealthApr. 9, 2021Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-10 (Apr. 9, 2021) (Ex. UT-042)/library/UT-042/exhibit/UT-042
Ex. UT-043State Public Health Order 2021-11Richard G. Saunders, Executive Director, Utah Department of HealthMay 4, 2021Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-11 (May 4, 2021) (Ex. UT-043)/library/UT-043/exhibit/UT-043
Ex. UT-044State Public Health Order 2021-12Richard G. Saunders, Executive Director, Utah Department of HealthMay 13, 2021Richard G. Saunders, Executive Director, Utah Department of Health, State Public Health Order 2021-12 (May 13, 2021) (Ex. UT-044)/library/UT-044/exhibit/UT-044
Ex. UT-045H.B. 1007, Face Covering Requirements, 2021 First Special SessionUtah Legislature (Chief Sponsor Rep. Val L. Peterson); signed by Governor Spencer J. CoxMay 28, 2021Utah Legislature (Chief Sponsor Rep. Val L. Peterson); signed by Governor Spencer J. Cox, H.B. 1007, Face Covering Requirements, 2021 First Special Session (May 28, 2021) (Ex. UT-045)/library/UT-045/exhibit/UT-045
Ex. UT-046S.B. 107, In-person Instruction Prioritization, 2021 General Session (Session Law ch. 435)Utah Legislature (Chief Sponsor Sen. Todd D. Weiler); signed by Governor Spencer J. CoxMar. 24, 2021Utah Legislature (Chief Sponsor Sen. Todd D. Weiler); signed by Governor Spencer J. Cox, S.B. 107, In-person Instruction Prioritization, 2021 General Session (Session Law ch. 435) (Mar. 24, 2021) (Ex. UT-046)/library/UT-046/exhibit/UT-046
Ex. UT-047Administrative Order, In re: Order for Court Operations During PandemicUtah Supreme Court (Chief Justice Matthew B. Durrant, as presiding officer of the Judicial Council)Mar. 13, 2020Utah Supreme Court (Chief Justice Matthew B. Durrant, as presiding officer of the Judicial Council), Administrative Order, In re: Order for Court Operations During Pandemic (Mar. 13, 2020) (Ex. UT-047)/library/UT-047/exhibit/UT-047
Ex. UT-048Administrative Order for Court Operations During Pandemic (May 1, 2020)Utah Supreme Court and Utah Judicial Council (Chief Justice Matthew B. Durrant)May 1, 2020Utah Supreme Court and Utah Judicial Council (Chief Justice Matthew B. Durrant), Administrative Order for Court Operations During Pandemic (May 1, 2020) (Ex. UT-048)/library/UT-048/exhibit/UT-048
Ex. UT-049Administrative Order for Court Operations During Pandemic (December 31, 2020)Utah Supreme Court and Utah Judicial CouncilDec. 31, 2020Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (December 31, 2020) (Dec. 31, 2020) (Ex. UT-049)/library/UT-049/exhibit/UT-049
Ex. UT-050Administrative Order for Court Operations During Pandemic (June 3, 2021)Utah Supreme Court and Utah Judicial CouncilJune 3, 2021Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (June 3, 2021) (Ex. UT-050)/library/UT-050/exhibit/UT-050
Ex. UT-051Administrative Order (July 28, 2021) reinstating a courthouse mask mandateUtah Judicial Council (Chief Justice Matthew B. Durrant)July 28, 2021Utah Judicial Council (Chief Justice Matthew B. Durrant), Administrative Order (July 28, 2021) reinstating a courthouse mask mandate (Ex. UT-051)/library/UT-051/exhibit/UT-051
Ex. UT-052Order Suspending In-Person Oral Arguments and Meetings Through September 30, 2021Utah Supreme Court (Chief Justice Matthew B. Durrant) and Utah Court of Appeals (Presiding Judge Michele Christiansen Forster)Aug. 12, 2021Utah Supreme Court (Chief Justice Matthew B. Durrant) and Utah Court of Appeals (Presiding Judge Michele Christiansen Forster), Order Suspending In-Person Oral Arguments and Meetings Through September 30, 2021 (Aug. 12, 2021) (Ex. UT-052)/library/UT-052/exhibit/UT-052
Ex. UT-053Administrative Order for Court Operations During Pandemic (September 17, 2021)Utah Supreme Court and Utah Judicial CouncilSept. 17, 2021Utah Supreme Court and Utah Judicial Council, Administrative Order for Court Operations During Pandemic (September 17, 2021) (Sept. 17, 2021) (Ex. UT-053)/library/UT-053/exhibit/UT-053
Ex. UT-054Public Health Order (Stay Safe, Stay Home), Weber-Morgan Health DepartmentBrian Bennion, Weber-Morgan Health Officer, Weber-Morgan Health DepartmentApr. 1, 2020Brian Bennion, Weber-Morgan Health Officer, Weber-Morgan Health Department, Public Health Order (Stay Safe, Stay Home), Weber-Morgan Health Department (Apr. 1, 2020) (Ex. UT-054)/library/UT-054/exhibit/UT-054
Ex. UT-055Wasatch County Health Department Stay Safe Stay Home Order (with press release of March 30, 2020)Randall Probst, Wasatch County Health Officer, with the Wasatch County Board of Health and County CouncilMar. 30, 2020Randall Probst, Wasatch County Health Officer, with the Wasatch County Board of Health and County Council, Wasatch County Health Department Stay Safe Stay Home Order (with press release of March 30, 2020) (Mar. 30, 2020) (Ex. UT-055)/library/UT-055/exhibit/UT-055
Ex. UT-056Public Health Order No. SEUHD 2020-5GCBradon C. Bradford, Health Officer, Southeast Utah Health Department, and the Grand County CouncilApr. 30, 2020Bradon C. Bradford, Health Officer, Southeast Utah Health Department, and the Grand County Council, Public Health Order No. SEUHD 2020-5GC (Apr. 30, 2020) (Ex. UT-056)/library/UT-056/exhibit/UT-056
Ex. UT-057Bulletin 2020-3Todd E. Kiser, Utah Insurance Commissioner, Utah Insurance DepartmentMar. 26, 2020Todd E. Kiser, Utah Insurance Commissioner, Utah Insurance Department, Bulletin 2020-3 (Mar. 26, 2020) (Ex. UT-057)/library/UT-057/exhibit/UT-057
Ex. UT-058Executive Order 2020-21Governor Gary R. HerbertMay 8, 2020Governor Gary R. Herbert, Executive Order 2020-21 (May 8, 2020) (Ex. UT-058)/library/UT-058/exhibit/UT-058
Ex. UT-059Executive Order 2020-7Governor Gary R. HerbertMar. 25, 2020Governor Gary R. Herbert, Executive Order 2020-7 (Mar. 25, 2020) (Ex. UT-059)/library/UT-059/exhibit/UT-059
Ex. UT-060State Public Health Order 2020-12Utah Department of Health (Executive Director)Sept. 18, 2020Utah Department of Health (Executive Director), State Public Health Order 2020-12 (Sept. 18, 2020) (Ex. UT-060)/library/UT-060/exhibit/UT-060
Ex. UT-061Bulletin 2020-2Todd E. Kiser, Utah Insurance Commissioner, Utah Insurance DepartmentMar. 23, 2020Todd E. Kiser, Utah Insurance Commissioner, Utah Insurance Department, Bulletin 2020-2 (Mar. 23, 2020) (Ex. UT-061)/library/UT-061/exhibit/UT-061
Ex. UT-062H.J.R. 504, Joint Resolution Further Extending the State of Emergency Due to the Infectious Disease COVID-19 Novel Coronavirus, 2020 Fifth Special SessionUtah Legislature (Chief Sponsor Rep. Val L. Peterson; Senate Sponsor Sen. Ann Millner)June 18, 2020Utah Legislature (Chief Sponsor Rep. Val L. Peterson; Senate Sponsor Sen. Ann Millner), H.J.R. 504, Joint Resolution Further Extending the State of Emergency Due to the Infectious Disease COVID-19 Novel Coronavirus, 2020 Fifth Special Session (June 18, 2020) (Ex. UT-062)/library/UT-062/exhibit/UT-062
Ex. UT-063H.J.R. 24, Joint Resolution Extending the State of Emergency Due to Infectious Disease COVID-19 Novel Coronavirus, 2020 General SessionUtah Legislature (Chief Sponsor Rep. Paul Ray; Senate Sponsor Sen. Ann Millner)Mar. 12, 2020Utah Legislature (Chief Sponsor Rep. Paul Ray; Senate Sponsor Sen. Ann Millner), H.J.R. 24, Joint Resolution Extending the State of Emergency Due to Infectious Disease COVID-19 Novel Coronavirus, 2020 General Session (Mar. 12, 2020) (Ex. UT-063)/library/UT-063/exhibit/UT-063

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=UT&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.