Airport Alert: President Biden Issues Executive Orders on Face Masks in Airports and COVID-19 Testing in International Air Travel
January 21, 2021
On the heels of yesterday's executive actions, President Biden today issued an executive order that directs his administration to mandate the use of face masks in airports and on commercial aircraft and require a negative COVID-19 test result from all international travelers arriving in the United States.
Interstate Travel Face Mask Requirement. President Biden's executive order today directs the Secretaries of Labor, Health and Human Services (HHS), Transportation, and Homeland Security to immediately take action to require that masks be worn in airports and on commercial aircraft, among other forms of public transportation. The order allows these agency heads to make categorical or case-by-case exceptions; however, it provides no details on how such a requirement will be promulgated by the agencies or how it will be enforced. Those details are expected to come when the agencies ultimately issue the mandate.
The Centers for Disease Control and Prevention (CDC) has already developed recommended guidance for the public on the use of face masks on public transportation conveyances and at transportation hubs such as airports and in aircraft. AAAE would expect that the Federal government will rely upon this guidance when deciding how to implement President Biden's directive.
International COVID-19 Testing Requirements. Today's executive order also indicates that it is the policy of the Biden Administration to require all international air travelers to produce proof of a recent negative COVID-19 test prior to entry and to comply with all other CDC guidelines concerning international travel.
In addition, the Secretary of HHS, in coordination with the Secretaries of Transportation and Homeland Security, has been directed to take two actions:
Finally, the order directs the Secretary of State, in coordination with the Secretaries of HHS, Transportation, and Homeland Security, to consult with foreign governments and other international organizations and stakeholders to establish guidelines for public health measures associated with safe international travel, including on aircraft and at airports. The guidelines are expected to address quarantine, testing, COVID-19 vaccination, follow-up testing and symptom-monitoring, air filtration requirements, environmental decontamination standards, and contact tracing.
We would also note that this order does not remove the 212(f) travel restrictions on citizens from the European Union, the United Kingdom, Ireland, or Brazil as the previous administration announced on January 18.
Face Mask Requirements and Protecting the Federal Workforce. As reported yesterday, President Biden issued an executive order on his first day that requires face masks to be worn by federal employees, contractors or anyone interacting with federal employees; in federal buildings; and on federal lands to halt the spread of the coronavirus. After the text of the order was released yesterday evening, two additional details are important to highlight.
First, the order requires the Directors of the Office of Management and Budget and the Office of Personnel Management, along with the Administrator of General Services, to promptly issue guidance to assist heads of agencies with implementation of this requirement. Agencies may make categorical or case-by-case exceptions in implementing this requirement. Heads of federal agencies must report on their progress to implement this requirement and any exceptions within 7 days and regularly thereafter.
Second, the order also requires the Secretary of HHS, through the Director of CDC, to promptly develop a coronavirus testing plan for the entire Federal workforce.
On the heels of yesterday's executive actions, President Biden today issued an executive order that directs his administration to mandate the use of face masks in airports and on commercial aircraft and require a negative COVID-19 test result from all international travelers arriving in the United States.
Interstate Travel Face Mask Requirement. President Biden's executive order today directs the Secretaries of Labor, Health and Human Services (HHS), Transportation, and Homeland Security to immediately take action to require that masks be worn in airports and on commercial aircraft, among other forms of public transportation. The order allows these agency heads to make categorical or case-by-case exceptions; however, it provides no details on how such a requirement will be promulgated by the agencies or how it will be enforced. Those details are expected to come when the agencies ultimately issue the mandate.
The Centers for Disease Control and Prevention (CDC) has already developed recommended guidance for the public on the use of face masks on public transportation conveyances and at transportation hubs such as airports and in aircraft. AAAE would expect that the Federal government will rely upon this guidance when deciding how to implement President Biden's directive.
International COVID-19 Testing Requirements. Today's executive order also indicates that it is the policy of the Biden Administration to require all international air travelers to produce proof of a recent negative COVID-19 test prior to entry and to comply with all other CDC guidelines concerning international travel.
In addition, the Secretary of HHS, in coordination with the Secretaries of Transportation and Homeland Security, has been directed to take two actions:
- Assess CDC's January 12, 2021 order, which requires a negative COVID-19 test result for airline passengers traveling to the United States, within 14 days and take any additional regulatory action that may be required based on that assessment. Part of this assessment will include 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 U.S. citizens and lawful permanent residents to return to the United States. This issue has been of concern to both airports and airlines alike because many countries do not have sufficient testing capabilities to test individuals that are not experiencing COVID-19 symptoms or are seeking to travel. Further details on CDC's January 12 order can be found in our January 12 Airport Alert.
- Provide a plan to the President for how the Federal government can implement the negative COVID-19 test requirement for arriving, international travelers with respect to CDC-recommended periods of self-quarantine or self-isolation after a flight to the United States from a foreign country. As a reminder, CDC recommends that, upon arrival, international travelers get tested within 3-5 days and stay home (or in another appropriate location) for 7 days, even after receiving a negative test result.
Finally, the order directs the Secretary of State, in coordination with the Secretaries of HHS, Transportation, and Homeland Security, to consult with foreign governments and other international organizations and stakeholders to establish guidelines for public health measures associated with safe international travel, including on aircraft and at airports. The guidelines are expected to address quarantine, testing, COVID-19 vaccination, follow-up testing and symptom-monitoring, air filtration requirements, environmental decontamination standards, and contact tracing.
We would also note that this order does not remove the 212(f) travel restrictions on citizens from the European Union, the United Kingdom, Ireland, or Brazil as the previous administration announced on January 18.
Face Mask Requirements and Protecting the Federal Workforce. As reported yesterday, President Biden issued an executive order on his first day that requires face masks to be worn by federal employees, contractors or anyone interacting with federal employees; in federal buildings; and on federal lands to halt the spread of the coronavirus. After the text of the order was released yesterday evening, two additional details are important to highlight.
First, the order requires the Directors of the Office of Management and Budget and the Office of Personnel Management, along with the Administrator of General Services, to promptly issue guidance to assist heads of agencies with implementation of this requirement. Agencies may make categorical or case-by-case exceptions in implementing this requirement. Heads of federal agencies must report on their progress to implement this requirement and any exceptions within 7 days and regularly thereafter.
Second, the order also requires the Secretary of HHS, through the Director of CDC, to promptly develop a coronavirus testing plan for the entire Federal workforce.
