[Federal Register Volume 86, Number 15 (Tuesday, January 26, 2021)]
[Presidential Documents]
[Pages 7205-7208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01859]




                        Presidential Documents 



Federal Register / Vol. 86 , No. 15 / Tuesday, January 26, 2021 / 
Presidential Documents

[[Page 7205]]


                Executive Order 13998 of January 21, 2021

                
Promoting COVID-19 Safety in Domestic and 
                International Travel

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. Science-based public health measures 
                are critical to preventing the spread of coronavirus 
                disease 2019 (COVID-19) by travelers within the United 
                States and those who enter the country from abroad. The 
                Centers for Disease Control and Prevention (CDC), the 
                Surgeon General, and the National Institutes of Health 
                have concluded that mask-wearing, physical distancing, 
                appropriate ventilation, and timely testing can 
                mitigate the risk of travelers spreading COVID-19. 
                Accordingly, to save lives and allow all Americans, 
                including the millions of people employed in the 
                transportation industry, to travel and work safely, it 
                is the policy of my Administration to implement these 
                public health measures consistent with CDC guidelines 
                on public modes of transportation and at ports of entry 
                to the United States.

                Sec. 2. Immediate Action to Require Mask-Wearing on 
                Certain Domestic Modes of Transportation.

                    (a) Mask Requirement. The Secretary of Labor, the 
                Secretary of Health and Human Services (HHS), the 
                Secretary of Transportation (including through the 
                Administrator of the Federal Aviation Administration 
                (FAA)), the Secretary of Homeland Security (including 
                through the Administrator of the Transportation 
                Security Administration (TSA) and the Commandant of the 
                United States Coast Guard), and the heads of any other 
                executive departments and agencies (agencies) that have 
                relevant regulatory authority (heads of agencies) shall 
                immediately take action, to the extent appropriate and 
                consistent with applicable law, to require masks to be 
                worn in compliance with CDC guidelines in or on:

(i) airports;

(ii) commercial aircraft;

(iii) trains;

(iv) public maritime vessels, including ferries;

(v) intercity bus services; and

(vi) all forms of public transportation as defined in section 5302 of title 
49, United States Code.

                    (b) Consultation. In implementing this section, the 
                heads of agencies shall consult, as appropriate, with 
                interested parties, including State, local, Tribal, and 
                territorial officials; industry and union 
                representatives from the transportation sector; and 
                consumer representatives.
                    (c) Exceptions. The heads of agencies may make 
                categorical or case-by-case exceptions to policies 
                developed under this section, consistent with 
                applicable law, to the extent that doing so is 
                necessary or required by law. If the heads of agencies 
                do make exceptions, they shall require alternative and 
                appropriate safeguards, and shall document all 
                exceptions in writing.
                    (d) Preemption. To the extent permitted by 
                applicable law, the heads of agencies shall ensure that 
                any action taken to implement this section

[[Page 7206]]

                does not preempt State, local, Tribal, and territorial 
                laws or rules imposing public health measures that are 
                more protective of public health than those required by 
                the heads of agencies.
                    (e) Coordination. The Coordinator of the COVID-19 
                Response and Counselor to the President (COVID-19 
                Response Coordinator) shall coordinate the 
                implementation of this section. The heads of agencies 
                shall update the COVID-19 Response Coordinator on their 
                progress in implementing this section, including any 
                categorical exceptions established under subsection (c) 
                of this section, within 7 days of the date of this 
                order and regularly thereafter. The heads of agencies 
                are encouraged to bring to the attention of the COVID-
                19 Response Coordinator any questions regarding the 
                scope or implementation of this section.

                Sec. 3. Action to Implement Additional Public Health 
                Measures for Domestic Travel.

                    (a) Recommendations. The Secretary of 
                Transportation (including through the Administrator of 
                the FAA) and the Secretary of Homeland Security 
                (including through the Administrator of the TSA and the 
                Commandant of the Coast Guard), in consultation with 
                the Director of CDC, shall promptly provide to the 
                COVID-19 Response Coordinator recommendations 
                concerning how their respective agencies may impose 
                additional public health measures for domestic travel.
                    (b) Consultation. In implementing this section, the 
                Secretary of Transportation and the Secretary of 
                Homeland Security shall engage with interested parties, 
                including State, local, Tribal, and territorial 
                officials; industry and union representatives from the 
                transportation sector; and consumer representatives.

                Sec. 4. Support for State, Local, Tribal, and 
                Territorial Authorities. The COVID-19 Response 
                Coordinator, in coordination with the Secretary of 
                Transportation and the heads of any other relevant 
                agencies, shall promptly identify and inform agencies 
                of options to incentivize, support, and encourage 
                widespread mask-wearing and physical distancing on 
                public modes of transportation, consistent with CDC 
                guidelines and applicable law.

                Sec. 5. International Travel.

                    (a) Policy. It is the policy of my Administration 
                that, to the extent feasible, travelers seeking to 
                enter the United States from a foreign country shall 
                be:

(i) required to produce proof of a recent negative COVID-19 test prior to 
entry; and

(ii) required to comply with other applicable CDC guidelines concerning 
international travel, including recommended periods of self-quarantine or 
self-isolation after entry into the United States.

                    (b) Air Travel.

(i) The Secretary of HHS, including through the Director of CDC, and in 
coordination with the Secretary of Transportation (including through the 
Administrator of the FAA) and the Secretary of Homeland Security (including 
through the Administrator of the TSA), shall, within 14 days of the date of 
this order, assess the CDC order of January 12, 2021, regarding the 
requirement of a negative COVID-19 test result for airline passengers 
traveling into the United States, in light of subsection (a) of this 
section. Based on such assessment, the Secretary of HHS and the Secretary 
of Homeland Security shall take any further appropriate regulatory action, 
to the extent feasible and consistent with CDC guidelines and applicable 
law. Such assessment and regulatory action shall include consideration of:

  (A) the timing and types of COVID-19 tests that should satisfy the 
negative test requirement, including consideration of additional testing 
immediately prior to departure;

  (B) the proof of test results that travelers should be required to 
provide;

[[Page 7207]]

  (C) the feasibility of implementing alternative and sufficiently 
protective public health measures, such as testing, self-quarantine, and 
self-isolation on arrival, for travelers entering the United States from 
countries where COVID-19 tests are inaccessible, particularly where such 
inaccessibility of tests would affect the ability of United States citizens 
and lawful permanent residents to return to the United States; and

  (D) measures to prevent fraud.

(ii) The Secretary of HHS, in coordination with the Secretary of 
Transportation (including through the Administrator of the FAA) and the 
Secretary of Homeland Security (including through the Administrator of the 
TSA), shall promptly provide to the President, through the COVID-19 
Response Coordinator, a plan for how the Secretary and other Federal 
Government actors could implement the policy stated in subsection (a) of 
this section with respect to CDC-recommended periods of self-quarantine or 
self-isolation after a flight to the United States from a foreign country, 
as he deems appropriate and consistent with applicable law. The plan shall 
identify agencies' tools and mechanisms to assist travelers in complying 
with such policy.

(iii) The Secretary of State, in consultation with the Secretary of HHS 
(including through the Director of CDC), the Secretary of Transportation 
(including through the Administrator of the FAA), and the Secretary of 
Homeland Security, shall seek to consult with foreign governments, the 
World Health Organization, the International Civil Aviation Organization, 
the International Air Transport Association, and any other relevant 
stakeholders to establish guidelines for public health measures associated 
with safe international travel, including on aircraft and at ports of 
entry. Any such guidelines should address quarantine, testing, COVID-19 
vaccination, follow-up testing and symptom-monitoring, air filtration 
requirements, environmental decontamination standards, and contact tracing.

                    (c) Land Travel. The Secretary of State, in 
                consultation with the Secretary of HHS, the Secretary 
                of Transportation, the Secretary of Homeland Security, 
                and the Director of CDC, shall immediately commence 
                diplomatic outreach to the governments of Canada and 
                Mexico regarding public health protocols for land ports 
                of entry. Based on this diplomatic engagement, within 
                14 days of the date of this order, the Secretary of HHS 
                (including through the Director of CDC), the Secretary 
                of Transportation, and the Secretary of Homeland 
                Security shall submit to the President a plan to 
                implement appropriate public health measures at land 
                ports of entry. The plan should implement CDC 
                guidelines, consistent with applicable law, and take 
                into account the operational considerations relevant to 
                the different populations who enter the United States 
                by land.
                    (d) Sea Travel. The Secretary of Homeland Security, 
                through the Commandant of the Coast Guard and in 
                consultation with the Secretary of HHS and the Director 
                of CDC, shall, within 14 days of the date of this 
                order, submit to the President a plan to implement 
                appropriate public health measures at sea ports. The 
                plan should implement CDC guidelines, consistent with 
                applicable law, and take into account operational 
                considerations.
                    (e) International Certificates of Vaccination or 
                Prophylaxis. Consistent with applicable law, the 
                Secretary of State, the Secretary of HHS, and the 
                Secretary of Homeland Security (including through the 
                Administrator of the TSA), in coordination with any 
                relevant international organizations, shall assess the 
                feasibility of linking COVID-19 vaccination to 
                International Certificates of Vaccination or 
                Prophylaxis (ICVP) and producing electronic versions of 
                ICVPs.
                    (f) Coordination. The COVID-19 Response 
                Coordinator, in consultation with the Assistant to the 
                President for National Security Affairs and the 
                Assistant to the President for Domestic Policy, shall 
                coordinate the implementation of this section. The 
                Secretary of State, the Secretary of HHS, the Secretary 
                of Transportation, and the Secretary of Homeland 
                Security shall

[[Page 7208]]

                update the COVID-19 Response Coordinator on their 
                progress in implementing this section within 7 days of 
                the date of this order and regularly thereafter. The 
                heads of all agencies are encouraged to bring to the 
                attention of the COVID-19 Response Coordinator any 
                questions regarding the scope or implementation of this 
                section.

                Sec. 6. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 21, 2021.

[FR Doc. 2021-01859
Filed 1-25-21; 11:15 am]
Billing code 3295-F1-P