Emergency Request Memo 29DEC2020

DEPARTMENT OF HEALTH & HUMAN SERVICES
Service

Public Health

Centers for Disease Control
and Prevention (CDC)
Atlanta GA 30333
December 29, 2020

Dominic Mancini
Acting Deputy Director
Office of Information and Regulatory Affairs
Office of Management and Budget
Washington, D.C.
Subject: Request for Emergency Clearance
Dear Mr. Mancini:
Pursuant to the Office of Management and Budget (OMB) procedures established at 5
CFR 1320, Controlling Paperwork Burdens on the Public, I request that the following
collection of information, Requirement For Proof Of Negative Covid-19 Test Result For
All Airline Passengers Arriving Into The United States from The United Kingdom, be
processed in accordance with section 1320.13 Emergency Processing.
The COVID-19 pandemic has spread throughout the world. Individuals who travel may
be at risk for exposure to SARS-CoV-2, the virus that causes COVID-19, before, during,
or after travel. This could result in travelers’ further spreading the virus to others during
travel, upon arrival in the United States, or at their destinations.
Over the last few weeks, the United Kingdom (UK) has faced a rapid increase in COVID19 cases in South East England, leading to enhanced epidemiological and virological
investigations. On December 14, 2020, Public Health England announced that a new
variant of SARS-CoV-2 had been identified across the southeast of England (i.e., Kent
and the surrounding areas).1
While it is known and expected that viruses constantly change through mutation leading
to the emergence of new variants, preliminary analysis in the UK suggests that this
variant may be more transmissible than previously circulating variants, with an estimated
potential to increase the reproductive number (R) by 0.4 or greater with an estimated
increased transmissibility of up to 70%.2 This new variant has emerged at a time of the
year when there has traditionally been increased family and social mixing and travel.

1

https://www.gov.uk/government/news/phe-investigating-a-novel-variant-of-covid-19
https://www.ecdc.europa.eu/en/publications-data/threat-assessment-brief-rapid-increase-sars-cov-2variant-united-kingdom
2

On December 19, 2020, in response to the emergence of this new variant, the countries
comprising the UK announced stricter measures to be applied from December 20 and
over the coming weeks, with affected areas going into a ‘Tier 4’ level with movement
restrictions within and between more and less heavily affected areas. These measures
include recommendations for residents of the most affected areas to restrict movements
and travel, including international travel, outside of these areas. The government of
Scotland announced a travel ban between Scotland and rest of UK. In addition, the
Netherlands issued a travel ban from the UK effective through January 1, 2021, and
Belgium halted flight and train travel from the UK. Other countries have taken similar
measures to restrict travel from the UK.3
On March 14, 2020, the United States issued a “Proclamation on the Suspension of Entry
as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of
Transmitting Coronavirus” applicable to the UK.4 While this suspension remains in place
and has slowed the introduction of travelers into the United States from the UK, the
Suspension by its nature does not apply to U.S. persons and legal permanent residents
and contains other necessary exemptions for eligible travelers. Thus, urgent efforts are
needed to mitigate the potential spread of this new virus variant into the United States.
This additional testing requirement, which applies to US persons, with limited
exemptions, will fortify our efforts to protect the health and safety of the American public
and ensure responsible international travel. The order is consistent with existing CDC
testing guidance and the Health and Human Services, U.S. Department of Transportation,
and Department of Homeland Security joint guidance in the “Runway to Recovery”
document.
The proposed collection of information will require that all travelers over the age of 2
provide airlines with proof of a negative viral test for COVID-19 prior to boarding.
Airlines must refuse to board anyone who is unable to demonstrate proof of a negative
viral COVID-19 test within 3 days of departure. Passengers must demonstrate proof of
identity, specimen collection date test done within 3 days of departure, the type of the
viral test, and a negative test result in order to be able to board. Passengers must also
complete an attestation, and submit it to the airline, in addition to providing the above
documentation. Regarding individuals who have been recovered from COVID-19, CDC
does not recommend getting tested again in the three months after a positive viral test, as
long as you do not have symptoms of COVID-19. If a traveler has had a positive viral test
in the past 3 months, and meets the criteria to end isolation, those travelers are required to
travel with a copy of their test results and a letter from their doctor or health department
stating that they have been cleared for travel.
Predeparture testing may detect travelers infected with SARS-CoV-2 before they initiate
their travel. The accompanying Order requires viral testing and receipt of results within 3
3

On December 20, 2020, Austria, Belgium, Italy, Ireland, Germany, France, and the Netherlands
announced travel bans from the United Kingdom. The measures vary in scope and generally are short-term.
The Republic of Ireland, Portugal, Latvia, Estonia, and Czech Republic also announcing new travel
restrictions, testing requirements, and quarantine rules. Bulgaria suspended flights to and from the UK until
January 31, 2021, one of the longer bans announced. Greece issued new rules requiring a seven-day
quarantine for travelers from the UK, rather than the current three-day period, starting December 21, 2020.
Turkey temporarily has banned all flights from the UK, as has Switzerland. Eurostar train service will be
cut beginning on December 21, between London, Brussels, and Amsterdam.
4
https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrantsnonimmigrants-certain-additional-persons-pose-risk-transmitting-coronavirus-2/

calendar days5 prior to departure from the UK for international travelers arriving in the
U.S. This Order also applies to individuals whose travel began in the UK, but are
connecting to the United States through another country. This Order does not apply to
individuals who have a layover in the UK lasting less than 24 hours.
Testing does not eliminate all risk, but when predeparture testing is combined with other
measures such as self-monitoring for symptoms of COVID-19, wearing masks, social
distancing, and hand hygiene, it can make travel safer by reducing spread on conveyances
and in transportation hubs. Mitigating the risk of spread of this new variant by requiring
negative tests of air travelers from the UK to the US is an urgent public health need.
As such, I have determined that this information must be collected prior to the expiration
of time periods established under Part 1320, and that this information is essential to
CDC’s ability to effectively address this public health emergency. CDC cannot
reasonably comply with the normal clearance procedures due to the public harm that
could result if routine processing of this request is required. CDC requests emergency
clearance to require air travelers from the UK to the US to provide negative COVID-19
tests to airlines prior to boarding and to attest that those tests are truthful and accurate.
The information will not be collected or maintained by CDC and is instead primarily a 3rd
party disclosure requirement between travelers and airlines. In limited circumstances,
CDC may require that the traveler provide the test results in the course of an individual
public health response. However, travelers are expected to retain these materials.
Please provide an approval/disapproval determination of this request to collect
information under an emergency clearance by close of business Tuesday, December 29,
2020.

Respectfully,
Michael Beach S

Digitally signed by Michael
Beach -S
Date: 2020.12.29 14:03:45
-05'00'

Michael J. Beach, PhD
Principal Deputy Incident Manager
CDC COVID-19 Emergency Response
Centers for Disease Control and Prevention

5

https://www.cdc.gov/coronavirus/2019-ncov/travelers/testing-air-travel.html