Under Secretary of Defense for Acquisition and Sustainment Ellen M. Lord, Memorandum for Defense Industrial Base, Defense Industrial Base Essential Critical Infrastructure Workforce (Mar. 20, 2020) (Ex. AGY-DEFENSE-GUARD-037)
Director, Defense Health Agency, DHA-IPM, Department of Defense COVID-19 Vaccination Program Implementation (Dec. 13, 2020) (Ex. AGY-DEFENSE-GUARD-031)
Secretary of Defense Mark T. Esper, Memorandum, Department of Defense Guidance on the Use of Cloth Face Coverings (Apr. 5, 2020) (Ex. AGY-DEFENSE-GUARD-042)
Under Secretary of Defense for Personnel and Readiness, Military Personnel Guidance for Department of Defense Components in Responding to Coronavirus Disease 2019 (Mar. 26, 2020) (Ex. AGY-DEFENSE-GUARD-040)
Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)
Director, Defense Health Agency, DHA-IPM 20-004 (rev.), DoD COVID-19 Vaccination Program Implementation (Dec. 31, 2020) (Ex. AGY-DEFENSE-GUARD-033)
Wyoming Legislature; published by the Wyoming Legislative Service Office (LSO), Wyoming Statutes, Title 19 (Defense Forces and Affairs), complete official LSO publication (standing) (Ex. DUT-WY-011)
President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)
New Jersey Legislature (L.1942, c. 251, as amended); compilation published by the New Jersey Office of Emergency Management (Division of State Police, Department of Law and Public Safety), Civilian Defense and Disaster Control Act, N.J.S.A. App. A:9-33 to -63, including A:9-34 (emergency powers), A:9-40 (duty of officials to cooperate; no rule at variance), A:9-45 (orders, rules and regulations 'binding upon each and every person within this State'), A:9-49 (violations as disorderly conduct; penalty), A:9-50 (aiding or abetting), A:9-51 (extraordinary emergencies) (standing) (Ex. DUT-NJ-006)
Under Secretary of Defense for Personnel and Readiness, Supplemental Guidance for Providing DoD COVID-19 Vaccines to DoD Contractor Employees and Select Foreign Nationals (Dec. 31, 2020) (Ex. AGY-DEFENSE-GUARD-032)
Under Secretary of Defense for Personnel and Readiness (Matthew P. Donovan), Force Health Protection Guidance for the Novel Coronavirus Outbreak (Jan. 30, 2020) (Ex. AGY-DEFENSE-GUARD-026)
Director, Defense Health Agency, DHA-AI 3020.01, Return to the Workplace Staffing Plan in the COVID-19 Environment (June 4, 2020; published June 12, 2020) (Ex. AGY-DEFENSE-GUARD-029)
Principal Director, Defense Pricing and Contracting (Kim Herrington), Class Deviation 2020-O0010, Progress Payment Rates (Mar. 20, 2020) (Ex. AGY-DEFENSE-GUARD-038)
Under Secretary of Defense for Personnel and Readiness, Civilian Duty Status and Use of Weather and Safety Leave during COVID-19 Pandemic (Mar. 31, 2020) (Ex. AGY-DEFENSE-GUARD-041)
Director, Defense Health Agency, DHA-AI 3020.01, Change 2 (Nov. 3, 2020) (Ex. AGY-DEFENSE-GUARD-030)
Under Secretary of Defense for Personnel and Readiness, Force Health Protection Guidance (Supplement 4), DoD Guidance for Personnel Traveling During the Novel Coronavirus Outbreak (Mar. 11, 2020) (Ex. AGY-DEFENSE-GUARD-034)
Office of the Under Secretary of Defense for Personnel and Readiness, Civilian Personnel Guidance for DoD Components in Responding to Coronavirus Disease 2019 (Mar. 8, 2020), with Questions and Answers (Ex. AGY-DEFENSE-GUARD-039)
Secretary of Defense Mark T. Esper, Memorandum, Guidance for Commanders on Risk-Based Changing of Health Protection Condition Levels During the Coronavirus Disease 2019 Pandemic (May 19, 2020) (Ex. AGY-DEFENSE-GUARD-044)
Under Secretary of Defense for Personnel and Readiness, Force Health Protection Guidance (Supplement 9), DoD Guidance for Deployment and Redeployment of Individuals and Units during the Novel Coronavirus Disease 2019 Pandemic (May 26, 2020) (Ex. AGY-DEFENSE-GUARD-046)
Secretary of Defense Mark T. Esper, Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020) (Ex. AGY-DEFENSE-GUARD-047)
Under Secretary of Defense for Personnel and Readiness, Force Health Protection Guidance (Supplement 11), DoD Guidance for Coronavirus Disease 2019 Surveillance and Screening with Testing (June 11, 2020) (Ex. AGY-DEFENSE-GUARD-049)
Office of the Under Secretary of Defense for Personnel and Readiness, COVID-19 Travel Restrictions Installation Status Update, as of November 2, 2020 (published Nov. 4, 2020) (Ex. AGY-DEFENSE-GUARD-051)
Under Secretary of Defense for Personnel and Readiness, Memorandum, Extension of Maximum Telework Flexibilities (Nov. 30, 2020), attaching the Mar. 8, 2020 civilian personnel guidance (Ex. AGY-DEFENSE-GUARD-053)
Under Secretary of Defense for Personnel and Readiness, Supplemental Guidance for Providing DoD COVID-19 Vaccines to DoD Contractor Employees and Select Foreign Nationals (signed Dec. 31, 2020; posted Jan. 13, 2021) (Ex. AGY-DEFENSE-GUARD-055)
Principal Director, Defense Pricing and Contracting, Class Deviation 2020-O0012, Undefinitized Contract Actions During the National Emergency for the Coronavirus Disease 2019 (Apr. 3, 2020) (Ex. AGY-DEFENSE-GUARD-062)
Principal Director, Defense Pricing and Contracting, Class Deviation 2020-O0011, Revision 1, Submission of Interim Vouchers Under Classified Contracts (Apr. 3, 2020; original Mar. 27, 2020) (Ex. AGY-DEFENSE-GUARD-063)
Office of the Secretary of Defense (Assistant Secretary of Defense for Health Affairs), TRICARE Coverage and Payment for Certain Services in Response to the COVID-19 Pandemic, interim final rule, 85 Fed. Reg. 27921 (May 12, 2020) (Ex. AGY-DEFENSE-GUARD-072)
Office of the Secretary of Defense (Assistant Secretary of Defense for Health Affairs), TRICARE Coverage of Certain Medical Benefits in Response to the COVID-19 Pandemic, interim final rule, 85 Fed. Reg. 54914 (Sept. 3, 2020) (Ex. AGY-DEFENSE-GUARD-073)
Deputy Secretary of Defense David L. Norquist, Memorandum, Coronavirus Disease 2019 Vaccine Guidance (Dec. 7, 2020) (Ex. AGY-DEFENSE-GUARD-113)
Office of the Under Secretary of Defense for Personnel and Readiness, COVID-19 Travel Restrictions Installation Status Update, as of December 28, 2020 (published Dec. 30, 2020) (Ex. AGY-DEFENSE-GUARD-118)
Office of the Under Secretary of Defense for Personnel and Readiness, DoD COVID-19 Vaccine Distribution Plan and Population Schema (as of Dec. 9, 2020) (Ex. AGY-DEFENSE-GUARD-120)
FEMA (Administrator) with the Attorney General and the Chairman of the Federal Trade Commission, Voluntary Agreement Under Section 708 of the Defense Production Act; Manufacture and Distribution of Critical Healthcare Resources Necessary To Respond to a Pandemic, 85 Fed. Reg. 50035 (Aug. 17, 2020) (Ex. ECO-A-074)
General Court; approved by the Governor July 20, 1950 (emergency law), St. 1950, c. 639 (the Civil Defense Act), ss. 1, 5, 7, 8, 8A (standing) (Ex. DUT-MA-012)
Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures Under Executive Order 13910 and Section 102 of the Defense Production Act of 1950, 85 Fed. Reg. 45895 (July 30, 2020) (Ex. ECO-A-069)
Chief Management Officer of the Department of Defense (Lisa W. Hershman), Pentagon Reservation Plan for Resilience and Aligning with National Guidelines for Opening Up America Again (May 26, 2020) (Ex. AGY-DEFENSE-GUARD-048)
President Donald J. Trump, Executive Order 13917, 85 Fed. Reg. 26313 (May 1, 2020) (Apr. 28, 2020) (Ex. AGY-FED-LANDS-SCIENCE-COURTS-001)
President (Executive Order 13911), Executive Order 13911, Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 27, 2020) (Ex. SEC-10-003)
President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005)
Chief Management Officer of the Department of Defense, Memorandum, COVID-19 - Move to Health Protection Condition BRAVO PLUS (HPCON B+) of the Pentagon Reservation Plan for Resilience (Nov. 24, 2020) (Ex. AGY-DEFENSE-GUARD-052)
President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)
President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. ECO-A-063)
President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. ECO-A-076)
President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001)
President Donald J. Trump, Memorandum of August 3, 2020, 85 Fed. Reg. 47885 (Aug. 6, 2020) (Aug. 3, 2020) (Ex. AGY-DEFENSE-GUARD-012)
President Donald J. Trump, Memorandum of August 3, 2020, 85 Fed. Reg. 47887 (Aug. 6, 2020) (Aug. 3, 2020) (Ex. AGY-DEFENSE-GUARD-013)
President Donald J. Trump, Memorandum of August 3, 2020, 85 Fed. Reg. 47889 (Aug. 6, 2020) (Aug. 3, 2020) (Ex. AGY-DEFENSE-GUARD-014)
President Donald J. Trump, Memorandum of December 3, 2020, 85 Fed. Reg. 78947 (Dec. 8, 2020) (Dec. 3, 2020) (Ex. AGY-DEFENSE-GUARD-020)
Supreme Judicial Court of Massachusetts (Lenk, Gaziano, Lowy, Budd, Cypher, Kafker, JJ.; opinion by Budd, J.), Desrosiers v. Governor, 486 Mass. 369, SJC-12983 (argued Sept. 11, 2020; decided Dec. 10, 2020) (standing) (Ex. DUT-MA-020)
Congress of the United States, 50 U.S.C. 4511 (2023 ed.) (Jan. 1, 2024) (Ex. LAW-310)
President, Executive Order 13911 (Mar. 27, 2020) (Ex. SEC-01-022)
Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 45895 (July 30, 2020) (July 23, 2020) (Ex. SEC-07-034)
President Joseph R. Biden, Jr, Memorandum of February 2, 2021, 86 Fed. Reg. 8281 (Feb. 5, 2021) (Feb. 2, 2021) (Ex. AGY-DEFENSE-GUARD-022)
Chief of Naval Operations (CNO WASHINGTON DC), NAVADMIN 100/20, Navy Guidance on the Use of Face Coverings (R 051456Z APR 20) (Apr. 5, 2020) (Ex. AGY-DEFENSE-GUARD-090)
Commander, Joint Base Pearl Harbor-Hickam, Emergency Operations Center Directive 20-002B, Disinfecting Your Facility With a Suspected or Confirmed COVID-19 Case (Apr. 13, 2020) (Ex. AGY-DEFENSE-GUARD-098)
U.S. Army Corps of Engineers with HHS, USACE Alternate Care Sites (ACS) program page and implementation materials (as archived Mar. 27, 2020) (Ex. AGY-DEFENSE-GUARD-101)
I Corps and Joint Base Lewis-McChord, I Corps & JBLM COVID-19 Response Factsheet (as of Nov. 16, 2020, v2 Change 3) (Ex. AGY-DEFENSE-GUARD-129)
I Corps and Joint Base Lewis-McChord, I Corps & JBLM COVID-19 Response Factsheet (as of Dec. 18, 2020) (Ex. AGY-DEFENSE-GUARD-130)
Fort Bliss Garrison, Fort Bliss COVID-19 Weekly Update: Access Control Points (as archived Nov. 15, 2020) (Ex. AGY-DEFENSE-GUARD-138)
Commandant of the Marine Corps, MARADMIN 333/20, Transition to Conditions-Based Phased Approach to COVID-19 Personnel Movement and Travel Restrictions Update (June 8, 2020) (Ex. AGY-DEFENSE-GUARD-145)
General Assembly of Georgia (Georgia Emergency Management Act of 1981, formerly the Civil Defense Act; Ga. L. 1951, p. 224, sections 16 and 21), O.C.G.A. sections 38-3-7 and 38-3-4 (standing) (Ex. DUT-GA-006)
Missouri General Assembly (Revised Statutes of Missouri, chapter 44, Civil Defense / Emergency Management), RSMo 44.100 (standing) (Ex. DUT-MO-005)
President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. ECO-A-060)
President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)
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)
City of Vancouver (City Manager's Office), listing Emergency Orders 2020-02 through 2020-17 and the Declaration of Civil Emergency, City Emergency Orders index (Declaration of Civil Emergency; Emergency Orders 2020-02 to 2020-17), as captured in 2021 (Mar. 16, 2020) (Ex. MET-PDX-026)
Mayor Jenny A. Durkan, Civil Emergency Order: Moratorium on Residential Evictions (Mar. 14, 2020) (Ex. MET-SEA-006)
Governor Philip D. Murphy, Executive Order No. 113 (2020) (Apr. 2, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-004)
New York State Legislature (Sen. Hoylman); approved by Governor Andrew M. Cuomo, Chapter 90 of the Laws of 2020 (S.8189) (June 6, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-035)
Governor Ned Lamont; Department of Economic and Community Development (binding essential-business guidance), Executive Order No. 7H (Mar. 20, 2020) (Ex. CT-007)
Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 22, Article 8, chapter 1.1: sections 22-8-1.1-1 ('employer' defined), 22-8-1.1-2 (employer's duty), 22-8-1.1-3.1 (compliance with standards), 22-8-1.1-27.1 (civil penalties) (standing) (Ex. DUT-IN-005)
Kansas Legislature (K.S.A., Revisor of Statutes), K.S.A. 60-5502, Definitions, including (j) 'public health directives' (standing) (Ex. DUT-KS-014)
General Court (codified statute administered by the Commissioner of Public Health), G.L. c. 17, s. 2A (standing) (Ex. DUT-MA-001)
General Court (codified statute administered by the Department of Public Health), G.L. c. 111, s. 6 (standing) (Ex. DUT-MA-002)
Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (cross-reference to Ex. NE-100; not re-saved) (standing) (Ex. DUT-NE-008)
Nebraska Legislature, Neb. Rev. Stat. § 81-829.57 (standing) (Ex. DUT-NE-009)
Rhode Island General Assembly (powers vested in the Governor; duties imposed on State health authorities and local code enforcement officials), R.I. Gen. Laws § 30-15-9 (standing) (Ex. DUT-RI-008)
South Dakota Legislature (codified statute), SDCL 20-9-1, Responsibility for injury by willful act or negligence (standing) (Ex. DUT-SD-011)
President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. ECO-A-061)
FEMA, Temporary Final Rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use, 85 Fed. Reg. 48113 (Aug. 10, 2020) (Ex. ECO-A-066)
FEMA, Temporary Final Rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use, 85 Fed. Reg. 86835 (Dec. 31, 2020) (Ex. ECO-A-067)
Empire State Development (designated by Executive Order 202.6 to determine essential businesses), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD guidance under EO 202.6), as archived Apr. 1, 2020 (Mar. 27, 2020) (Ex. ECO-A-120)
Governor Charles D. Baker, COVID-19 Order No. 45 (July 24, 2020) (Ex. ECO-C-012)
President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)
Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)
Governor Charles D. Baker, Executive Order No. 591 (Mar. 10, 2020) (Ex. MA-001)
Camden County Board of Chosen Freeholders (Freeholder Director Louis Cappelli, Jr.), Release: Freeholder Board Declares State of Emergency in Camden County (Mar. 16, 2020) (Ex. MET-PHL-066)
Superior Court of California, County of Sacramento (Presiding Judge Russell L. Hom), News release of Dec. 14, 2020 on the Amended Standing Order Regarding Criminal Trials and Pretrial Assignments (orders of Dec. 8 and Dec. 11, 2020; changes effective Jan. 4, 2021) (Ex. MET-SAC-059)
Nebraska Legislature, Neb. Rev. Stat. § 81-829.40 (Mar. 13, 2020) (Ex. NE-100)
Governor Philip D. Murphy, Executive Order No. 103 (2020) (Mar. 9, 2020) (Ex. NJ-001)
Empire State Development Corporation, Guidance on Executive Order 202.6 (live page, as it stands in 2026; last updated Oct. 23, 2020) (Mar. 20, 2020) (Ex. NY-090)
Empire State Development Corporation (under EO 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (Guidance on Executive Order 202.6), initial version (Mar. 20, 2020) (Ex. NY-091)
FEMA, Department of Homeland Security, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-01-013)
President, Executive Order 13909 (Mar. 18, 2020) (Ex. SEC-01-014)
FEMA, Department of Homeland Security, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, temporary final rule, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-02-010)
Governor Charles D. Baker, COVID-19 Order No. 45 (July 24, 2020) (Ex. SEC-06-017)
President (Executive Order 13909), Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (Mar. 18, 2020) (Ex. SEC-10-001)
Empire State Development (guidance issued under EO 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential business guidance) (May 31, 2020) (Ex. SEC-10-026)
Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-11-020)
Governor Philip D. Murphy, Executive Order No. 181 (2020) (Aug. 27, 2020) (Ex. SEC-17-013)
Governor Lawrence J. Hogan, Jr, Order of the Governor of the State of Maryland, National Guard (Mar. 12, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-037)
