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)
Deputy Secretary of Defense, Department of Defense COVID-19 Vaccine Allocation and Distribution Policy (Jan. 14, 2021) (Ex. AGY-DEFENSE-GUARD-056)
Director, Defense Health Agency, DHA-IPM, Department of Defense COVID-19 Vaccination Program Implementation (Dec. 13, 2020) (Ex. AGY-DEFENSE-GUARD-031)
Acting Under Secretary of Defense for Personnel and Readiness, Memorandum, Administrative Leave for Coronavirus Disease 2019 Vaccination of Department of Defense Employees (May 7, 2021; reissuing Apr. 14, 2021 guidance) (Ex. AGY-DEFENSE-GUARD-074)
Director, Defense Health Agency, DHA-IPM 20-004 (rev.), DoD COVID-19 Vaccination Program Implementation (Dec. 31, 2020) (Ex. AGY-DEFENSE-GUARD-033)
Secretary 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)
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)
Deputy Secretary of Defense Kathleen H. Hicks, Memorandum, Updated Mask Guidelines for Vaccinated Persons (May 13, 2021) (Ex. AGY-DEFENSE-GUARD-075)
Deputy Secretary of Defense, Memorandum, Methods to Enable and Encourage Vaccination Against Coronavirus Disease 2019 (May 20, 2021) (Ex. AGY-DEFENSE-GUARD-076)
Office of the Under Secretary of Defense for Personnel and Readiness, COVID-19 Travel Restrictions Installation Status Update, as of June 28, 2021 (published June 30, 2021) (Ex. AGY-DEFENSE-GUARD-078)
Director, Defense Health Agency, DHA-AI 3020.01, Change 2 (Nov. 3, 2020) (Ex. AGY-DEFENSE-GUARD-030)
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 11), DoD Guidance for Coronavirus Disease 2019 Surveillance and Screening with Testing (June 11, 2020) (Ex. AGY-DEFENSE-GUARD-049)
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)
Secretary of Defense Lloyd J. Austin III, Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. AGY-DEFENSE-GUARD-057)
Acting Under Secretary of Defense for Personnel and Readiness, Force Health Protection Guidance (Supplement 18), DoD Guidance for Protecting All Personnel in DoD Workplaces During the COVID-19 Pandemic (Mar. 22, 2021) (Ex. AGY-DEFENSE-GUARD-058)
Acting Under Secretary of Defense for Personnel and Readiness, Force Health Protection Guidance (Supplement 20), DoD Guidance for Personnel Traveling During the Coronavirus Disease 2019 Pandemic (Apr. 16, 2021) (Ex. AGY-DEFENSE-GUARD-059)
Office of the Under Secretary of Defense for Personnel and Readiness, COVID-19 Travel Restrictions Installation Status Update, as of April 26, 2021 (published Apr. 28, 2021) (Ex. AGY-DEFENSE-GUARD-060)
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)
Under Secretary of Defense for Personnel and Readiness (Gilbert R. Cisneros, Jr. designate; signed by the Acting USD), Force Health Protection Guidance (Supplement 17) Revision 1, DoD Guidance for the Use of Masks, Personal Protective Equipment, and Non-Pharmaceutical Interventions During the COVID-19 Pandemic (June 22, 2021; posted June 23) (Ex. AGY-DEFENSE-GUARD-077)
Office of the Under Secretary of Defense for Personnel and Readiness, COVID-19 Travel Restrictions Installation Status Update, as of June 7, 2021 (published June 9, 2021) (Ex. AGY-DEFENSE-GUARD-088)
Secretary of Defense Lloyd J. Austin III, Memorandum, Use of Masks and Other Public Health Measures (Feb. 4, 2021) (Ex. AGY-DEFENSE-GUARD-112)
Deputy Secretary of Defense David L. Norquist, Memorandum, Coronavirus Disease 2019 Vaccine Guidance (Dec. 7, 2020) (Ex. AGY-DEFENSE-GUARD-113)
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)
Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Mont. Code Ann. 27-1-1606 (SB 65 sec. 6) (Feb. 10, 2021) (Ex. DUT-MT-014)
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)
Governor Charles D. Baker, COVID-19 Order No. 69 (May 28, 2021) (Ex. MA-048)
President Joseph R. Biden, Jr, Memorandum of January 21, 2021, 86 Fed. Reg. 7481 (Jan. 28, 2021) (Jan. 21, 2021) (Ex. AGY-DEFENSE-GUARD-021)
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)
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)
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)
Commanding General, 101st Airborne Division (Air Assault) and Fort Campbell, General Order - Fort Campbell Mask Policy (May 2021) (May 14, 2021) (Ex. AGY-DEFENSE-GUARD-071)
I Corps and Joint Base Lewis-McChord, I Corps & JBLM COVID-19 Response Factsheet (as of Apr. 1, 2021) (Ex. AGY-DEFENSE-GUARD-131)
I Corps and Joint Base Lewis-McChord, I Corps & JBLM COVID-19 Response Factsheet (as of May 12, 2021) (Ex. AGY-DEFENSE-GUARD-132)
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)
Commandant of the Marine Corps, MARADMIN 277/21, Update to Conditions-Based Approach to COVID-19 Personnel Movement and Travel Restrictions Along With the Implementation of Force Health Protection Guidance (Supplement 20) (May 21, 2021) (Ex. AGY-DEFENSE-GUARD-146)
President 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)
New York State Legislature; approved by Governor Andrew M. Cuomo, Chapter 56 of the Laws of 2021 (S.2506-C), Part BB (Apr. 16, 2021) (Ex. AGY-ST-UTILITIES-HOUSING-AG-052)
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)
The White House (Departments of Commerce, Energy, Defense and HHS), pursuant to Executive Order 14017, Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth: 100-Day Reviews under Executive Order 14017 (June 8, 2021) (Ex. ECO-A-101)
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)
Council of the City of Pittsburgh; Ordinance 6 of 2021, File 2021-1237, Ordinance 6 of 2021 adding Chapter 782, Temporary Eviction Regulation For Disease Prevention and Control Due to COVID-19 (Mar. 2, 2021) (Ex. MET-PIT-047)
Mayor Jenny A. Durkan, Civil Emergency Order: Moratorium on Residential Evictions (Mar. 14, 2020) (Ex. MET-SEA-006)
Nevada Legislature (81st Session); approved by Governor Steve Sisolak, Assembly Bill No. 486 (2021) (June 4, 2021) (Ex. SEC-13-087)
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)
Governor Charles D. Baker, COVID-19 Order No. 69 (May 28, 2021) (library exhibit MA-048; cross-reference, not re-saved) (Ex. DUT-MA-027)
Montana Legislature (67th), Senate Bill 65, Ch. 2, L. 2021, Mont. Code Ann. 27-1-1601 (SB 65 sec. 1) (Feb. 10, 2021) (Ex. DUT-MT-015)
Governor Greg Gianforte, Directive Implementing Executive Order 2-2021 (Feb. 12, 2021; rescinding and replacing all prior directives) (cross-reference to Ex. MT-021) (Ex. DUT-MT-027)
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. 86835 (Dec. 31, 2020) (Ex. ECO-A-067)
FEMA, Temporary Final Rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use; Additional Exemptions, 86 Fed. Reg. 31448 (June 14, 2021) (Ex. ECO-A-068)
Acting Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With Modifications, 86 Fed. Reg. 7731 (Feb. 1, 2021) (Ex. ECO-A-070)
President Joseph R. Biden Jr, Executive Order 14017 (Feb. 24, 2021) (Ex. ECO-A-072)
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. 66 (Mar. 22, 2021) (Ex. ECO-C-013)
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 Brian P. Kemp, Executive Order 06.30.21.01 (June 30, 2021) (Ex. GA-041)
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)
Mayor Jenny A. Durkan, Executive Order 2021-06: COVID-19 Civil Emergency, Extensions of City Closures and Relief Measures (June 18, 2021) (Ex. MET-SEA-017)
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)
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. 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)
