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Ex. FED-042 Order Primary source read

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

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, 86 Fed. Reg. 7387 (Jan. 28, 2021)

Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021) · United States (all aircraft passengers arriving from any foreign country) (Federal)

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The COVID Project

The record

Jurisdiction
United States (all aircraft passengers arriving from any foreign country)
Level
Federal
Authority
PHS Act §§ 361, 365 (42 U.S.C. § 264); 42 C.F.R. §§ 71.20, 71.31(b); Executive Order 13998 § 5
Issued
2021-01-25 Jan. 25, 2021
Effective
2021-01-26
End
'until the earliest of (1) the expiration of the [PHE]; (2) the CDC Director rescinds or modifies the order...; or (3) December 31, 2021'; superseded by the Oct. 25, 2021 amended order (FED-043) effective Nov. 8, 2021; rescinded June 12, 2022 (FED-047) (read as 2021-12-31)
In force
Jan. 26, 2021 to Dec. 31, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitation types
Travel and quarantine
Addressees
  • airlines and aircraft operators (must deny boarding and collect attestations)
  • every person arriving by air from any foreign country, including returning U.S. citizens
Functions reached
  • TR/TV every international business trip (outbound trips required a test to return)
  • CB inbound foreign customers, tourists, students, patients
  • SC supplier and foreign-plant visits, field service abroad
  • MK international trade shows and conferences
  • HR recruitment of foreign workers
Collection
Federal health, safety and transport layer FED-A

Operative words

This Order prohibits the introduction into the United States of any aircraft passenger departing from any foreign country unless the passenger: (1) Has a negative pre-departure test result for SARS-CoV-2, the virus that causes COVID-19 (Qualifying Test); or (2) written or electronic documentation of recovery from COVID-19 after previous SARS-CoV-2 infection in the form of a positive viral test result and a letter from a licensed health care provider or public health official stating that the passenger has been cleared for travel (Documentation of Recovery).... This Order shall enter into effect on January 26, 2021 and shall remain in effect until the earliest of (1) the expiration of the Secretary of Health and Human Services' declaration that COVID-19 constitutes a public health emergency; (2) the CDC Director rescinds or modifies the order based on specific public health or other considerations; or (3) December 31, 2021.

Enforcement

42 U.S.C. § 271; 42 C.F.R. § 71.2; airlines must deny boarding to non-compliant passengers

Notes

IN FORCE on every day of 2021Q3: no person could board a flight to the United States without a negative test taken within three days (or recovery documentation). Reaches hotels-travel (TV, GS), manufacturing and logistics (SC, EV), professional services (CS, EV), agriculture (LB H-2A workers), education (CP international students), hospitals (HR foreign-trained staff).

Retrieval note

Supersedes the Jan. 12, 2021 order (FED-041) as of the same effective date.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.