Protecting the Federal Workforce and Requiring Mask-Wearing, 7045-7048 [2021-01766]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Presidential Documents]
[Pages 7045-7048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01766]




                        Presidential Documents 



Federal Register / Vol. 86 , No. 14 / Monday, January 25, 2021 / 
Presidential Documents

[[Page 7045]]


                Executive Order 13991 of January 20, 2021

                
Protecting the Federal Workforce and Requiring 
                Mask-Wearing

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 7902(c) of title 5, United 
                States Code, it is hereby ordered as follows:

                Section 1. Policy. It is the policy of my 
                Administration to halt the spread of coronavirus 
                disease 2019 (COVID-19) by relying on the best 
                available data and science-based public health 
                measures. Such measures include wearing masks when 
                around others, physical distancing, and other related 
                precautions recommended by the Centers for Disease 
                Control and Prevention (CDC). Put simply, masks and 
                other public health measures reduce the spread of the 
                disease, particularly when communities make widespread 
                use of such measures, and thus save lives.

                Accordingly, to protect the Federal workforce and 
                individuals interacting with the Federal workforce, and 
                to ensure the continuity of Government services and 
                activities, on-duty or on-site Federal employees, on-
                site Federal contractors, and other individuals in 
                Federal buildings and on Federal lands should all wear 
                masks, maintain physical distance, and adhere to other 
                public health measures, as provided in CDC guidelines.

                Sec. 2. Immediate Action Regarding Federal Employees, 
                Contractors, Buildings, and Lands. (a) The heads of 
                executive departments and agencies (agencies) shall 
                immediately take action, as appropriate and consistent 
                with applicable law, to require compliance with CDC 
                guidelines with respect to wearing masks, maintaining 
                physical distance, and other public health measures by: 
                on-duty or on-site Federal employees; on-site Federal 
                contractors; and all persons in Federal buildings or on 
                Federal lands.

                    (b) The Director of the Office of Management and 
                Budget (OMB), the Director of the Office of Personnel 
                Management (OPM), and the Administrator of General 
                Services, in coordination with the President's 
                Management Council and the Coordinator of the COVID-19 
                Response and Counselor to the President (COVID-19 
                Response Coordinator), shall promptly issue guidance to 
                assist heads of agencies with implementation of this 
                section.
                    (c) Heads of agencies shall promptly consult, as 
                appropriate, with State, local, Tribal, and territorial 
                government officials, Federal employees, Federal 
                employee unions, Federal contractors, and any other 
                interested parties concerning the implementation of 
                this section.
                    (d) Heads of agencies may make categorical or case-
                by-case exceptions in implementing subsection (a) of 
                this section to the extent that doing so is necessary 
                or required by law, and consistent with applicable law. 
                If heads of agencies make such exceptions, they shall 
                require appropriate alternative safeguards, such as 
                additional physical distancing measures, additional 
                testing, or reconfiguration of workspace, consistent 
                with applicable law. Heads of agencies shall document 
                all exceptions in writing.
                    (e) Heads of agencies shall review their existing 
                authorities and, to the extent permitted by law and 
                subject to the availability of appropriations and 
                resources, seek to provide masks to individuals in 
                Federal buildings when needed.
                    (f) The COVID-19 Response Coordinator shall 
                coordinate the implementation of this section. Heads of 
                the agencies listed in 31 U.S.C. 901(b) shall

[[Page 7046]]

                update the COVID-19 Response Coordinator on their 
                progress in implementing this section, including any 
                categorical exceptions established under subsection (d) 
                of this section, within 7 days of the date of this 
                order and regularly thereafter. 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. Encouraging Masking Across America. (a) The 
                Secretary of Health and Human Services (HHS), including 
                through the Director of CDC, shall engage, as 
                appropriate, with State, local, Tribal, and territorial 
                officials, as well as business, union, academic, and 
                other community leaders, regarding mask-wearing and 
                other public health measures, with the goal of 
                maximizing public compliance with, and addressing any 
                obstacles to, mask-wearing and other public health best 
                practices identified by CDC.

                    (b) The COVID-19 Response Coordinator, in 
                coordination with the Secretary of HHS, the Secretary 
                of Homeland Security, and the heads of other relevant 
                agencies, shall promptly identify and inform agencies 
                of options to incentivize, support, and encourage 
                widespread mask-wearing consistent with CDC guidelines 
                and applicable law.

                Sec. 4. Safer Federal Workforce Task Force.

                    (a) Establishment. There is hereby established the 
                Safer Federal Workforce Task Force (Task Force).
                    (b) Membership. The Task Force shall consist of the 
                following members:

(i) the Director of OPM, who shall serve as Co-Chair;

(ii) the Administrator of General Services, who shall serve as Co-Chair;

(iii) the COVID-19 Response Coordinator, who shall serve as Co-Chair;

(iv) the Director of OMB;

(v) the Director of the Federal Protective Service;

(vi) the Director of the United States Secret Service;

(vii) the Administrator of the Federal Emergency Management Agency;

(viii) the Director of CDC; and

(ix) the heads of such other agencies as the Co-Chairs may individually or 
jointly invite to participate.

                    (c) Organization. A member of the Task Force may 
                designate, to perform the Task Force functions of the 
                member, a senior-level official who is a full-time 
                officer or employee of the member's agency. At the 
                direction of the Co-Chairs, the Task Force may 
                establish subgroups consisting exclusively of Task 
                Force members or their designees, as appropriate.
                    (d) Administration. The General Services 
                Administration shall provide funding and administrative 
                support for the Task Force to the extent permitted by 
                law and within existing appropriations. The Co-Chairs 
                shall convene regular meetings of the Task Force, 
                determine its agenda, and direct its work.
                    (e) Mission. The Task Force shall provide ongoing 
                guidance to heads of agencies on the operation of the 
                Federal Government, the safety of its employees, and 
                the continuity of Government functions during the 
                COVID-19 pandemic. Such guidance shall be based on 
                public health best practices as determined by CDC and 
                other public health experts, and shall address, at a 
                minimum, the following subjects as they relate to the 
                Federal workforce:

(i) testing methodologies and protocols;

(ii) case investigation and contact tracing;

(iii) requirements of and limitations on physical distancing, including 
recommended occupancy and density standards;

(iv) equipment needs and requirements, including personal protective 
equipment;

(v) air filtration;

[[Page 7047]]

(vi) enhanced environmental disinfection and cleaning;

(vii) safe commuting and telework options;

(viii) enhanced technological infrastructure to support telework;

(ix) vaccine prioritization, distribution, and administration;

(x) approaches for coordinating with State, local, Tribal, and territorial 
health officials, as well as business, union, academic, and other community 
leaders;

(xi) any management infrastructure needed by agencies to implement public 
health guidance; and

(xii) circumstances under which exemptions might appropriately be made to 
agency policies in accordance with CDC guidelines, such as for mission-
critical purposes.

                    (f) Agency Cooperation. The head of each agency 
                listed in 31 U.S.C. 901(b) shall, consistent with 
                applicable law, promptly provide the Task Force a 
                report on COVID-19 safety protocols, safety plans, or 
                guidance regarding the operation of the agency and the 
                safety of its employees, and any other information that 
                the head of the agency deems relevant to the Task 
                Force's work.

                Sec. 5. Federal Employee Testing. The Secretary of HHS, 
                through the Director of CDC, shall promptly develop and 
                submit to the COVID-19 Response Coordinator a testing 
                plan for the Federal workforce. This plan shall be 
                based on community transmission metrics and address the 
                populations to be tested, testing types, frequency of 
                testing, positive case protocols, and coordination with 
                local public health authorities for contact tracing.

                Sec. 6. Research and Development. The Director of the 
                Office of Science and Technology Policy, in 
                consultation with the Secretary of HHS (through the 
                National Science and Technology Council), the Director 
                of OMB, the Director of CDC, the Director of the 
                National Institutes of Health, the Director of the 
                National Science Foundation, and the heads of any other 
                appropriate agencies, shall assess the availability of 
                Federal research grants to study best practices for 
                implementing, and innovations to better implement, 
                effective mask-wearing and physical distancing 
                policies, with respect to both the Federal workforce 
                and the general public.

                Sec. 7. Scope. (a) For purposes of this order:

(i) ``Federal employees'' and ``Federal contractors'' mean employees 
(including members of the Armed Forces and members of the National Guard in 
Federal service) and contractors (including such contractors' employees) 
working for the executive branch;

(ii) ``Federal buildings'' means buildings, or office space within 
buildings, owned, rented, or leased by the executive branch of which a 
substantial portion of occupants are Federal employees or Federal 
contractors; and

(iii) ``Federal lands'' means lands under executive branch control.

                    (b) The Director of OPM and the Administrator of 
                General Services shall seek to consult, in coordination 
                with the heads of any other relevant agencies and the 
                COVID-19 Response Coordinator, with the Sergeants at 
                Arms of the Senate and the House of Representatives and 
                the Director of the Administrative Office of the United 
                States Courts (or such other persons designated by the 
                Majority and Minority Leaders of the Senate, the 
                Speaker and Minority Leader of the House, or the Chief 
                Justice of the United States, respectively), to promote 
                mask-wearing, physical distancing, and adherence to 
                other public health measures within the legislative and 
                judicial branches, and shall provide requested 
                technical assistance as needed to facilitate compliance 
                with CDC guidelines.

                Sec. 8. 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

[[Page 7048]]

(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) Independent agencies are strongly encouraged to 
                comply with the requirements of this order.
                    (d) 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 20, 2021.

[FR Doc. 2021-01766
Filed 1-22-21; 11:15 am]
Billing code 3295-F1-P