E.o. 14043

Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Presidential Documents

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Presidential Documents

Executive Order 14043 of September 9, 2021

Requiring Coronavirus Disease 2019 Vaccination for Federal
Employees
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 3301, 3302, and
7301 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), including the B.1.617.2 (Delta)
variant, by relying on the best available data and science-based public health
measures. The Delta variant, currently the predominant variant of the virus
in the United States, is highly contagious and has led to a rapid rise
in cases and hospitalizations. The nationwide public health emergency, first
declared by the Secretary of Health and Human Services on January 31,
2020, remains in effect, as does the National Emergency Concerning the
Coronavirus Disease 2019 (COVID–19) declared pursuant to the National
Emergencies Act in Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID–19)
Outbreak). The Centers for Disease Control and Prevention (CDC) within
the Department of Health and Human Services has determined that the
best way to slow the spread of COVID–19 and to prevent infection by
the Delta variant or other variants is to be vaccinated.
COVID–19 vaccines are widely available in the United States. They protect
people from getting infected and severely ill, and they significantly reduce
the likelihood of hospitalization and death. As of the date of this order,
one of the COVID–19 vaccines, the Pfizer-BioNTech COVID–19 Vaccine,
also known as Comirnaty, has received approval from the Food and Drug
Administration (FDA), and two others, the Moderna COVID–19 Vaccine
and the Janssen COVID–19 Vaccine, have been authorized by the FDA for
emergency use. The FDA has determined that all three vaccines meet its
rigorous standards for safety, effectiveness, and manufacturing quality.

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The health and safety of the Federal workforce, and the health and safety
of members of the public with whom they interact, are foundational to
the efficiency of the civil service. I have determined that ensuring the
health and safety of the Federal workforce and the efficiency of the civil
service requires immediate action to protect the Federal workforce and individuals interacting with the Federal workforce. It is essential that Federal
employees take all available steps to protect themselves and avoid spreading
COVID–19 to their co-workers and members of the public. The CDC has
found that the best way to do so is to be vaccinated.
The Safer Federal Workforce Task Force (Task Force), established by Executive Order 13991 of January 20, 2021 (Protecting the Federal Workforce
and Requiring Mask-Wearing), has issued important guidance to protect
the Federal workforce and individuals interacting with the Federal workforce.
Agencies have also taken important actions, including in some cases requiring
COVID–19 vaccination for members of their workforce.
Accordingly, building on these actions, and in light of the public health
guidance regarding the most effective and necessary defenses against COVID–
19, I have determined that to promote the health and safety of the Federal
workforce and the efficiency of the civil service, it is necessary to require
COVID–19 vaccination for all Federal employees, subject to such exceptions
as required by law.

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Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Presidential Documents
Sec. 2. Mandatory Coronavirus Disease 2019 Vaccination for Federal Employees. Each agency shall implement, to the extent consistent with applicable
law, a program to require COVID–19 vaccination for all of its Federal employees, with exceptions only as required by law. The Task Force shall issue
guidance within 7 days of the date of this order on agency implementation
of this requirement for all agencies covered by this order.
Sec. 3. Definitions. For the purposes of this order:
(a) The term ‘‘agency’’ means an Executive agency as defined in 5 U.S.C.
105 (excluding the Government Accountability Office).
(b) The term ‘‘employee’’ means an employee as defined in 5 U.S.C.
2105 (including an employee paid from nonappropriated funds as referenced
in 5 U.S.C. 2105(c)).
Sec. 4. 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
(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) 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.
(d) If any provision of this order, or the application of any provision
to any person or circumstance, is held to be invalid, the remainder of
this order and the application of any of its other provisions to any other
persons or circumstances shall not be affected thereby.

THE WHITE HOUSE,
September 9, 2021.

Filed 9–13–21; 8:45 am]
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[FR Doc. 2021–19927