Exec. Order 13991 (1/20/2021) on Protecting the Federal Workforce and Requiring Mask-Wearing

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Presidential Documents

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.

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(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

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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.

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(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;

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(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 missioncritical 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;

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(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

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(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.

THE WHITE HOUSE,
January 20, 2021.
[FR Doc. 2021–01766
Filed 1–22–21; 11:15 am]

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