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ORDER OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION,
DEPARTMENT OF HEALTH AND HUMAN SERVICES
REQUIREMENT FOR AIRLINES AND OPERATORS TO COLLECT AND TRANSMIT
DESIGNATED INFORMATION FOR PASSENGERS AND CREW ARRIVING INTO
THE UNITED STATES; REQUIREMENT FOR PASSENGERS TO PROVIDE
DESIGNATED INFORMATION
UNDER 42 CFR 71.4, 71.20, 71.31, AND 71.32 AS AUTHORIZED BY 42 U.S.C. 264 AND
268
Attention:
•
•

All airlines and operators conducting any passenger-carrying operations into the United
States from a foreign last point of departure.
All passengers and crewmembers flying into, or transiting through, the United States
from a foreign last point of departure.

Introduction
The Director of the Centers for Disease Control and Prevention (CDC) (Director) is issuing this
Order (Order) to require all airlines and operators of flights arriving into the United States from a
foreign last point of departure to collect and/or maintain passenger and crewmember contact
information (“designated information”). These requirements also apply to flights with
intermediate stops in the United States between the flight’s foreign point of origin and the final
destination.
Airlines and operators are required to collect the five data elements from the interim final rule
(IFR) 1 published on February 12, 2020, from passengers, to the extent they exist, and to maintain
additional data elements outlined in 42 CFR 71.4(b) 2–to the extent that such data are already
available and maintained by the airline. The data elements from the IFR and the additional data
elements outlined in 42 CFR 71.4(b) make up the designated information referred to in this
Order. The designated information consists of full name, address while in the United States,
primary contact phone number, secondary or emergency contact phone number, email address,
date of birth, airline name, flight number, city of departure, departure date and time, city of
arrival, arrival date and time, and seat number. Airlines and operators are required to maintain
the designated information for crewmembers.
These data elements are necessary for identifying and locating passengers and crewmembers
who may have coronavirus disease 2019 (COVID-19) or may have been exposed to a person
with COVID-19 or another communicable disease of concern. Unless otherwise transmitted to
the U.S. Government via established U.S. Department of Homeland Security (DHS) data

https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreignquarantine
2
https://www.ecfr.gov/current/title-42/chapter-I/subchapter-F/part-71#p-71.4(b)
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systems, airlines and operators are required to retain the designated information for 30 days and
transmit it within 24 hours of a request from CDC. The methods of transmission to the U.S.
Government, whether transmitted per the CDC technical instructions or whether via an
established DHS data system, must be made through approved secure electronic means.
Flights contracted by the U.S. Military services are exempt from this Order. Flights contracted
by other federal agencies may also be exempted by CDC on a case-by-case basis. Flights
designated as state aircraft under international law (1) by an appropriate United States federal
government department or agency, or (2) by a foreign government and granted diplomatic
clearance to enter U.S. airspace, are exempt from this Order. All exempt aircraft and persons
may voluntarily comply to aid the public health response.
CDC will issue additional operational guidance and technical instructions to airlines and
operators regarding the collection, retention, and transmission of the designated information.
CDC will maintain and use the designated information called for in this Order in accordance
with the Privacy Act of 1974 (5 U.S.C. 552a) and its applicable System of Records Notice. 3
Background
The current COVID-19 pandemic has spread globally, including cases reported in all 50 States
within the United States, the District of Columbia, and U.S. territories. As of October 22, 2021,
there have been over 242,000,000 confirmed cases of COVID-19 globally resulting in over
4,900,000 deaths; 4 more than 45,000,000 COVID-19 cases have been confirmed in the United
States as well as over 733,000 COVID-19 related deaths, with new cases being reported daily. 5
In addition, genetic variants of SARS-CoV-2, the virus that causes COVID-19, have been
emerging and circulating around the world throughout the COVID-19 pandemic. 6 There is
currently one variant of concern (Delta) circulating in the United States and ten other variants
being monitored. 7 As of October 22, 2021, the Delta variant made up over 99.0% of new
COVID-19 cases in the United States. 8 CDC is closely tracking and reporting variants of SARSCoV-2 around the world 9 and is working with state and local health departments to establish and
expand sequencing capacity to identify, characterize, and report variants.
Some of the potential features and consequences of emerging variants are their ability to spread
more quickly in people, cause more severe effects in people, evade detection by specific viral
diagnostic tests, diminish the efficacy of therapeutic agents such as monoclonal antibodies, and
evade natural or vaccine-induced immunity. 10 The Delta variant spreads faster than other variants

https://www.cdc.gov/sornnotice/09-20-0171.htm
https://covid19.who.int/
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https://covid.cdc.gov/covid-data-tracker/#datatracker-home
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https://www.cdc.gov/coronavirus/2019-ncov/variants/index.html
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https://www.cdc.gov/coronavirus/2019-ncov/variants/variant-info.html
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https://covid.cdc.gov/covid-data-tracker/#variant-proportions
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https://covid.cdc.gov/covid-data-tracker/#global-variant-report-map
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https://www.cdc.gov/coronavirus/2019-ncov/science/science-briefs/scientific-brief-emerging-variants.html
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and may cause more severe illness in unvaccinated people than previous strains. 11 COVID-19
vaccines protect people against severe illness, including disease caused by the Delta variant and
other variants circulating in the United States, decreasing the likelihood of hospitalization or
death due to COVID-19. Fully vaccinated people get COVID-19 less often than unvaccinated
people; however, people who are infected after being fully vaccinated can be contagious. 12
Preventing the further importation and spread of SARS-CoV-2 variants of concern will require
rapid identification and notification of potentially infected or exposed travelers (passengers and
crew) so that they and their respective jurisdictional public health officials may take steps to
minimize exposure to others.
While vaccination is the most important tool for controlling the pandemic, public health
mitigation efforts, including isolation of infected persons and contact tracing and management,
remain key to slowing transmission and spread of SARS-CoV-2, even as vaccines are
increasingly available in the United States and around the world. Air travel may contribute to the
spread of SARS-CoV-2 and other communicable diseases around the globe if people who are
infected or incubating infection travel by aircraft, particularly if they fail to use mitigation
measures such as masks to prevent COVID-19. Air travel can also increase a person’s risk of
getting and spreading communicable diseases by bringing people in close contact with others,
often for prolonged periods, and exposing them to frequently touched surfaces. While fully
vaccinated travelers are less likely to get and transmit SARS-CoV-2, international travel poses
additional risks, and even fully vaccinated travelers might be at increased risk for getting and
possibly spreading some SARS-CoV-2 variants. 13
Public health officials may need to follow up with travelers after arrival, either because these
travelers may have been exposed before they traveled or because during travel they were
possibly exposed to a person known to have a communicable disease that poses a public health
threat, such as COVID-19. Other communicable diseases for which CDC conducts contact
investigations of exposure while traveling on aircraft are infectious tuberculosis (including
multidrug-resistant and extensively drug-resistant infections), measles, pertussis (whooping
cough), meningococcal disease, and Middle East Respiratory Syndrome (MERS). 14,15,16,17
Similarly, preventing the further importation and spread of SARS-CoV-2, including variants of
concern, requires rapid identification and notification of potentially infected or exposed travelers
so that they and their respective jurisdictional public health officials can take steps to minimize
exposure to others.
https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html
https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/why-measure-effectiveness/breakthroughcases.html
13
https://www.cdc.gov/coronavirus/2019-ncov/travelers/international-travel-during-covid19.html
14
https://www.cdc.gov/quarantine/contact-investigation.html
15
Nelson K, Marienau K, Schembri C, Redd S. Measles transmission during air travel, United States, December 1,
2008-December 31, 2011. Travel Med Infect Dis. 2013 Mar-Apr;11(2):81-9. doi: 10.1016/j.tmaid.2013.03.007.
16
Marienau KJ, Cramer EH, Coleman MS, Marano N, Cetron MS. Flight related tuberculosis contact investigations
in the United States: comparative risk and economic analysis of alternate protocols. Travel Med Infect Dis. 2014
Jan-Feb;12(1):54-62. doi: 10.1016/j.tmaid.2013.09.007.
17
Lippold SA, Objio T, Vonnahme L, et al. Conveyance Contact Investigation for Imported Middle East
Respiratory Syndrome Cases, United States, May 2014. Emerg Infect Dis. 2017 Sep;23(9):1585-1589. doi:
10.3201/eid2309.170365.
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In the past, public health efforts to follow up with travelers arriving into the United States have
been hampered by incomplete or inaccurate contact information, causing delays in conducting
contact investigations and requiring resource-intensive entry screening operations to facilitate
post-arrival management of travelers. 18,19,20 These challenges occurred during the 2014 response
to MERS, the 2014-2016 response to the Ebola epidemic in West Africa, and in the early stage
of the current COVID-19 public health emergency. Timely public health follow-up requires
health officials to have prompt access to accurate and complete contact information for travelers
traveling into, or transiting through, the United States. Inaccurate or incomplete contact
information decreases the ability of public health authorities to protect the health of travelers and
the public. The best way to ensure airline passengers’ contact information is available in real
time is to collect the information before they board a flight. Given that it is impossible to predict
which passengers’ or crewmembers’ information will be needed for public health purposes, it is
necessary to collect information for all passengers and crewmembers originating abroad who
intend to travel to, or transit through, the United States. Additionally, many passengers transiting
through the United States will likely transit back through the United States on their return trip. If
they were exposed during travel, they may return at a time when they are infectious. Facilitating
notification to public health authorities at their final destination would prevent potential
exposures during such return travel.
CDC identified that the following information is needed for reliable public health management
of travelers disembarking in, or transiting through, the United States: full name, address while in
the United States, primary contact phone number, secondary or emergency contact phone
number, email address, date of birth, airline name, flight number, city of departure, departure
date and time, city of arrival, arrival date and time, and seat number.
CDC’s authority for collecting these data elements is contained in 42 CFR 71.4. 21 The first five
data elements were added to section 71.4 on February 12, 2020, in response to the current
COVID pandemic. 22 Airlines with flights arriving into the United States must collect and, within
24 hours of an order issued by the CDC Director, transmit these five data elements to CDC. The
remaining data elements, listed in 42 CFR 71.4(b), are part of CDC’s previously existing
regulatory scheme. Airlines must also transmit these data elements to CDC within 24 hours of an
order, to the extent such data elements are already available and maintained by the airline.

Regan JJ, Jungerman MR, Lippold SA, et al. Tracing Airline Travelers for a Public Health Investigation: Middle
East Respiratory Syndrome Coronavirus (MERS-CoV) Infection in the United States, 2014. Public Health Rep.
2016 Jul-Aug;131(4):552-9. doi: 0.1177/0033354916662213.
19
Cohen NJ, Brown CM, Alvarado-Ramy F, et al. Travel and Border Health Measures to Prevent the International
Spread of Ebola. MMWR Suppl. 2016 Jul 8;65(3):57-67. doi: 10.15585/mmwr.su6503a9.
20
Dollard P, Griffin I, Berro A, et al. Risk Assessment and Management of COVID-19 Among Travelers Arriving
at Designated U.S. Airports, January 17–September 13, 2020. MMWR Morb Mortal Wkly Rep. 2020 Nov
13;69(45):1681-1685. doi: 10.15585/mmwr.mm6945a4.
21
https://www.ecfr.gov/current/title-42/chapter-I/subchapter-F/part-71#71.4
22
https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreignquarantine.
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Identifying individual COVID-19 cases and conducting contact tracing continue to be an
important strategy in preventing opportunities for the virus to spread and mutate, particularly to
prevent the spread of variants of COVID-19 that are not already prevalent in the United States.
Even as more people become fully vaccinated, sub-populations of unvaccinated people and
others vulnerable to infection will remain, including people who elect not to be vaccinated, those
ineligible for vaccination (currently young children), people with contraindications to
vaccination, and people at increased risk for severe illness (including some who may be fully
vaccinated, such as those with certain immunocompromising conditions). In areas where spread
of the virus has been controlled, rapid identification of imported cases and containment of further
transmission through nonpharmaceutical interventions, including isolation of infected people and
quarantine of susceptible close contacts, will be essential to prevent resurgence of local
epidemics and ultimately end the pandemic.
CDC has taken a variety of additional steps to mitigate the risk that travel poses to the further
spread of SARS-CoV-2 and the introduction of its variants into the United States. On October
25, 2021, CDC amended an Order requiring all air passengers two years of age and older
traveling to the United States from any foreign country to be tested for SARS-CoV-2 either no
more than three days prior to their flight, for those who are fully vaccinated, or no more than one
day prior to their flight, for those who are not fully vaccinated. Air passengers may alternatively
present documentation of having recovered from COVID-19 in the previous 3 months. 23 On
October 25, 2021, CDC also issued an Order implementing a Presidential Proclamation requiring
all noncitizens who are nonimmigrants, with limited exceptions, to be fully vaccinated in order to
fly into the United States from any foreign country. On January 29, 2021, CDC issued an Order
requiring the wearing of masks by persons on any conveyance entering, traveling within, or
departing the United States and at U.S. transportation hubs to prevent further spread of SARSCoV-2. 24 In addition, CDC has posted Level 4 Travel Notices recommending travelers avoid all
non-essential travel to more than 150 countries worldwide because of very high rates of COVID19 in these countries. 25 This Order aligns with these new and existing public health mitigation
actions.
Scope of the Order
This Order applies to all passengers and passenger-carrying operations arriving into the United
States from a foreign last point of departure (including flights with intermediate stops in the
United States between the flight’s foreign point of origin and the final destination). Where
appropriate, CDC has used Federal Aviation Administration or Department of Transportation
regulatory references for ease of reference for the affected industry. As used in the Order, the
terms described below have their given meanings.
This Order imposes obligations on “airlines”, “operators,” “passengers,” and “crewmembers.”
“Airlines” has the same meaning as in 42 CFR 71.1(b), which includes “air carriers” and
“foreign air carriers” providing “air transportation” as those terms are defined in 49 U.S.C.

86 FR 7387 and https://www.cdc.gov/quarantine/fr-proof-negative-test.html
86 FR 8025 and https://www.cdc.gov/quarantine/masks/mask-travel-guidance.html
25
https://wwwnc.cdc.gov/travel/noticescovid19
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40102(a)(2), (a)(5), and (a)(21). An “operator” is any person 26 that operates an aircraft. To
“operate” an aircraft means to use, cause to use, or authorize to use aircraft for the purpose of air
navigation. “Operate” includes piloting an aircraft, with or without the right of legal control (as
owner, lessee, or otherwise). An operator can be any person such as an air carrier, a commercial
operator (as defined in 14 CFR 1.1), or a non-certificated party. “Passenger” means any person
who is not a crewmember on any aircraft operation carrying any person (“passenger-carrying
operation”). “Crewmember” means a person assigned to perform duty in an aircraft during flight
time.
Passengers must provide the designated information, to the extent it exists, to airlines and
operators. Airlines and operators must collect the designated information from passengers and
retain it for 30 days from the flight’s departure unless it is otherwise transmitted to the U.S.
Government. CDC is requiring a retention period of 30 days because it can take up to 30 days for
CDC to receive genetic sequencing information identifying a SARS-CoV-2 variant of concern
for which contact tracing beyond the 14-day incubation period of COVID-19 may be warranted.
The incubation periods for measles, whooping cough, meningococcal disease, Ebola, and MERS
— other communicable diseases for which CDC conducts contact investigations — are all less
than 30 days.
Airlines or operators that enter into a contract with U.S. Military services to provide
transportation to persons designated by U.S. Military services are exempt from the Order. CDC
is exempting these operations because U.S. Military service’s standard practice is to collect and
retain the designated information and conduct any necessary public health follow-up for
passengers on the aircraft that operate in accordance with the U.S. Military service contract with
the airline or operator. Airlines and operators that contract with other U.S. Government agencies
may be eligible for an exemption on a case-by-case basis if the U.S. Government agency submits
a request to CDC and agrees to CDC’s required public health conditions, including conducting
necessary public health follow-up for passengers. But, in these instances, the U.S. Government
agency that is a party to such a contract shall conduct any necessary public health follow-up for
passengers and crew. Flights designated as state aircraft under international law (1) by an
appropriate United States federal government department or agency, or (2) by a foreign
government and granted diplomatic clearance to enter U.S. airspace, are exempt from this Order.
This Order does not alter or affect the requirements under 42 CFR 71.21 that airlines and
operators, including Air Medical Transport services, report to CDC any deaths or illnesses
onboard flights destined for a U.S. airport. 27 As part of the reporting of any death or illness
onboard, passenger contact information must be collected and reported in real time to CDC, in
addition to any data transmission required under this Order. 28
Determinations and Immediate Action

A “person” is “an individual, firm, partnership, corporation, company, association, joint-stock association, or
governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.” 14 CFR 1.1.
27
https://www.cdc.gov/quarantine/air/reporting-deaths-illness/guidance-reporting-onboard-deaths-illnesses.html
28
https://www.cdc.gov/quarantine/air/reporting-deaths-illness/
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Accordingly, and consistent with 42 CFR 71.4, 71.20, 71.31, and 71.32, I hereby find that
international travel into the United States has the potential to exacerbate and accelerate the
introduction of SARS-CoV-2 variants not already present (along with other communicable
diseases) and that the scope of this pandemic is inherently and necessarily a problem that is
global in nature. The collection and transmission of information required by this Order is
therefore necessary to prevent the further introduction, transmission, or spread of COVID-19 via
air travel into and throughout the United States. The requirements of this Order will enable
prompt public health follow-up by public health jurisdictions, allowing them to quickly
implement public health mitigation efforts such as isolation of infected persons and contact
tracing and management of people exposed to a communicable disease of concern.
In addition, I hereby determine that passengers and crewmembers on flights covered by this
Order are or may be at risk of exposure to SARS-CoV-2 and may further the introduction and
spread of SARS-CoV-2 variants and other communicable diseases into the United States. Their
accurate and complete contact information as provided for in this Order is needed to protect the
health of other travelers and U.S. communities.
The CDC has determined that this Order is not a rule within the meaning of the Administrative
Procedure Act (APA) but rather an emergency action taken under the existing regulatory
authority of 42 CFR 71.4, 71.20, 71.31, and 71.32. The purpose of these sections is to enable
CDC to swiftly take targeted actions within the scope of these authorities to prevent the
introduction and spread of communicable diseases. Indeed, in response to the current pandemic,
CDC published an interim final rule (IFR) 29 for public comment on February 12, 2020,
establishing the requirements in 42 CFR 71.4 30 to collect and transmit designated information
upon an order issued by the CDC Director.
GOOD CAUSE
In the event that a court finds this Order qualifies as a rule under the APA, there is good cause to
dispense with prior notice and comment and a delay in effective date. See 5 U.S.C. 553(b)(B),
(d)(3). As more fully explained below, I have determined that good cause exists because the
public health emergency caused by COVID-19 and the unpredictability of virus mutations and
the recent course of the pandemic make notice-and-comment rulemaking impracticable and
contrary to the public health, and by extension the public interest.
The rapidly changing nature of the pandemic requires not only that CDC act swiftly, but also
deftly, to ensure that its actions are commensurate with the threat. Given the current case rates
and other disease mitigation measures that federal, state, and local jurisdictions are taking across
the country, identifying individual cases and conducting contact tracing are critical public health
actions urgently needed to prevent opportunities for the virus to spread and further mutate.

https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreignquarantine
30
https://www.ecfr.gov/current/title-42/chapter-I/subchapter-F/part-71#71.4
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The emergence of variants, particularly the Delta variant, has demonstrated the unpredictability
of the SARS-CoV-2 virus and the COVID-19 pandemic and has shown how COVID-19 case
rates, hospitalizations, and deaths can increase rapidly when a new variant emerges. For
example, the Delta variant is more than two times as contagious as previous variants and has
spread faster than earlier variants of the SARS-CoV-2 virus. 31 The share of infections from the
Delta variant in the United States on May 29, 2021, was under 7%, at a point when the trajectory
of the pandemic seemed for the better, but by July 31, 2021, the share of infections with the
Delta variant surpassed 94%. 32 In late June, the 7-day moving average of reported cases was
only around 12,000. By July 27, just 4 weeks later, the 7-day moving average of cases had
increased fivefold and reached over 60,000, a rate similar to the rate before COVID-19 vaccines
were widely available. Between July and September, the spread of the Delta variant caused a
rapid increase in hospitalizations and deaths, especially in areas with higher levels of community
transmission and lower vaccination coverage. 33,34 The 7-day average for August 4-August 10 for
new hospital admissions was a 29.6% increase from the prior 7-day average. The 7-day average
for new deaths increased 21% compared to the previous 7-day average. As of October 24, 2021,
COVID-19 cases were declining; however, a majority of the United States is still experiencing
high community transmission. There have been multiple points throughout the COVID-19
pandemic when cases have swiftly and unexpectedly surged and then declined; therefore, the
rapidly changing, unpredictable nature of the COVID-19 pandemic compels CDC to act quickly.
With high transmission rates and low vaccination rates in areas of the United States and around
the world, new SARS-CoV-2 variants are expected to occur. New variants may be more
transmissible or cause more severe disease, and vaccines and therapeutics may be less effective
against these strains. The best way to slow the emergence of new variants is to act quickly to
reduce the spread of infection through vaccination layered with additional mitigation measures,
including timely and effective case detection and contact tracing and public health follow-up of
international travelers.
For these reasons, I hereby conclude that notice-and-comment rulemaking and a delay in the
effective date or the Order would defeat the purpose of the Order and endanger the public health,
and is, therefore, impracticable and contrary to the public interest. CDC may exercise its
enforcement discretion with respect to airlines and operators who are unable to come into
compliance on November 8, 2021 despite demonstrated good faith efforts to do so.
MISCELLANEOUS
Similarly, if this Order qualifies as a rule under the APA, the Office of Information and
Regulatory Affairs (OIRA) has determined that it would be a major rule under Subtitle E of the
Small Business Regulatory Enforcement Fairness Act of 1996 (the Congressional Review Act or
CRA), 5 U.S.C. 804(2). Regardless of whether this Order qualifies as a rule under the APA,
OIRA has determined that it is an economically significant regulatory action under the

https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html
https://covid.cdc.gov/covid-data-tracker/#variant-proportions
33
https://gis.cdc.gov/grasp/covidnet/COVID19_5.html
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https://covid.cdc.gov/covid-data-tracker/#trends_dailydeaths
31
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definitions provided for those terms in Executive Order 12866. Thus, this action has been
reviewed by OIRA. CDC has determined that for the same reasons given above, there would be
good cause under the CRA to make the requirements herein effective immediately. 5 U.S.C.
808(2). This Order will cease to be in effect on the earlier of (1) the date that is two incubation
periods after the last known case of COVID-19, or (2) when the Secretary determines there is no
longer a need for the interim final rule (IFR) 35 published in the Federal Register on February 7,
2020. As appropriate, the Secretary will publish a document in the Federal Register announcing
the expiration date of the IFR.

339

‘Airline’ has the same meaning as in 42 CFR 71.1(b);

340

‘Communicable disease’ has the same meaning as in 42 CFR 71.1(b);

341

‘Crewmember’ means a person assigned to perform duty in an aircraft during flight time;

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‘Designated information’ means the data elements listed below, to the extent that they exist. 36
Data elements listed in subsections (a) through (e) must be provided by the passenger and
maintained by the airline or operator for crewmembers and (f) through (m) must be provided to
the extent such data elements are already available and maintained by the airline or operator.

CDC will separately comply with the requirements of the Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
If any provision of this Order, or the application of any provision to any persons, entities, or
circumstances, shall be held invalid, the remainder of the provisions, or the application of such
provisions to any persons, entities, or circumstances other than those to which it is held invalid,
shall remain valid and in effect.
Directive
In accordance with 42 CFR 71.4, 71.20, 71.31, and 71.32 as authorized by 42 U.S.C. 264 and
268, it is hereby ORDERED:
1. Definitions.
As used in this Order, the term:

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(a) Full name (last, first, and, if available, middle or suffix (e.g., Jr.);

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(b) Address while in the United States (number and street, city, state or territory,
and zip code);

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(c) Primary contact phone number to include country and area code, at which the
passenger or crewmember can be contacted while in the United States;

https://www.federalregister.gov/documents/2020/02/12/2020-02731/control-of-communicable-diseases-foreignquarantine
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An individual may not, for example, have an email address or phone number, in which case the individual would
not be required to provide one.
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(d) Secondary contact phone number to include country and area code, which
may be an emergency contact number, a work number, or a home number;

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(e) Email address that the passenger or crewmember will routinely check while in
the United States;

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(f) Date of birth;

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(g) Airline name;

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(h) Flight number;

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(i) City of departure;

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(j) Departure date and time;

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(k) City of arrival;

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(l) Arrival date and time; and

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(m) Seat number.

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‘Operator’ means any person that operates an aircraft. To “operate” an aircraft means to use,
cause to use or authorize to use aircraft for the purpose of air navigation. “Operate” includes
piloting an aircraft, with or without the right of legal control (as owner, lessee, or otherwise). An
operator can be any person such as an air carrier, a commercial operator (as defined in 14
CFR 1.1) or a non-certificated party.

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‘Passenger’ means any person who is not a crewmember on any aircraft operation carrying any
person;

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‘United States’ has the same meaning as in 42 CFR 71.1(b).

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2. Requirements for Airlines and Operators

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(a) This section applies to all passenger-carrying operations conducted on aircraft arriving into
the United States from a foreign last point of departure (including flights with intermediate stops
in the United States between the flight’s foreign point of origin and the final destination).
Airlines and operators are required to collect data as soon as practicable but CDC will use
enforcement discretion after the Order effective date to allow airlines to come into compliance.

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(b) Beginning on flights departing for the United States from a foreign last point of departure
after 12:01 a.m. Eastern Standard Time on November 8, 2021 (including flights with
intermediate stops in the United States between the flight’s foreign origin and the final
destination), all airlines and operators of any passenger-carrying operations shall:

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(i) Collect the “designated information” for all passengers before boarding, but not more
than 72 hours before departing from the flight’s foreign last point of departure;

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(ii) Maintain the “designated information” for all crewmembers;

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(iii) When collecting the “designated information,” notify passengers of the purpose and
intent of the information collection, that the obligation to provide complete and accurate
information is a United States Government requirement, and that failure to provide

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complete and accurate information may result in criminal penalties, as set forth herein.
The airline or operator must also obtain confirmation from each passenger that the
information provided is complete and accurate; and

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(iv) Retain the “designated information” under subparagraphs 2(b)(i) and 2(b)(ii) for each
flight for a minimum of 30 days from the flight’s departure and, within 24 hours of a
request from the CDC Director, transmit it to CDC through secure, electronic means
approved by CDC. 37 Data retention is not required for those airlines and operators who
choose to otherwise securely transmit data using established DHS data systems.

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Any entities covered under section 2 that fail to comply with section 2 may be subject to criminal
penalties under, inter alia, 42 U.S.C. 271 and 42 CFR 71.2, in conjunction with 18 U.S.C. 3559
and 3571. Willfully giving false or misleading information to the government may result in
criminal penalties under, inter alia, 18 U.S.C. 1001.

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3. Requirements for Passengers

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This section applies to any passenger on a flight covered under this Order, including passengers
with intermediate stops in the United States between the flight’s foreign point of origin and the
final destination. Beginning on flights departing for the United States from a foreign last point of
departure after 12:01 a.m. Eastern Standard Time on November 8, 2021, the passenger or the
passenger’s authorized representative shall –

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(i) Accurately provide the “designated information” as instructed by the airline or
operator before boarding a flight to the United States insofar as the information exists
for the passenger;

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(ii) Acknowledge the airline’s or operator’s notification of the purpose and intent of this
information collection, that the obligation to provide complete and accurate
information is a United States Government requirement, and that failure to provide
complete and accurate information may result in criminal penalties; and,

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(iii) Confirm that the provided “designated information” is complete and accurate.

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An authorized representative (for example, immediate family member, legal guardian, or travel
agent) may provide the “designated information” and acknowledge the airline’s or operator’s
notification on behalf of the passenger, including on behalf of a minor or other passenger who is
unable to do so on his or her own behalf, but the information provided must be specific to the
individual passenger (e.g., agents may not list contact information for the travel agency or
provide one telephone number or email address for an entire group of unrelated persons).

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Any passenger or authorized representative who fails to comply with the requirements of section
3 may be subject to criminal penalties under, inter alia, 42 U.S.C. 271 and 42 CFR 71.2, in
conjunction with 18 U.S.C. 3559 and 3571. Willfully giving false or misleading information to
the government may result in criminal penalties under, inter alia, 18 U.S.C. 1001.

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4. Exemptions. This Order does not apply to the following:
(a) Any airline or operator that enters into a contract with the U.S. Military services to
provide transportation to persons designated by the U.S. Military service is exempt from this
Order for flights covered under the contract. The U.S. Military service typically collects and
retains the “designated information” and conducts any necessary public health follow-up for
passengers on the aircraft that operate in accordance with the U.S. Military service contract with
the airline or operator.
(b) Any airline or operator that enters into a contract with another U.S. Government
agency may be eligible for an exemption on a case-by-case basis with approval from the CDC
Director. Any request for this exemption must be made to CDC and is subject to any requirement
or limitation established by the CDC Director, including that the U.S. Government agency that is
a party to such a contract shall conduct any necessary public health follow-up for passengers and
crew.
(c) Any airline or operator designated as state aircraft under international law (1) by an
appropriate United States federal government department or agency, or (2) by a foreign
government and granted diplomatic clearance to enter U.S. airspace.
5. Privacy

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CDC intends to use the “designated information” only for public health follow-up, such as
education, treatment, prophylaxis, or other appropriate public health interventions, including
travel restrictions. CDC will maintain and use the “designated information” called for in this
Order in accordance with the Privacy Act of 1974 (5 U.S.C. 552a) and its applicable System of
Record Notice. 38 As noted in the System of Records Notice, CDC retains contact tracing
information until the contact tracing investigation is complete or no longer than 12 months.
Personally identifiable information may be used and shared only for lawful purposes, including
with authorized personnel of the U.S. Department of Health and Human Services, state and local
public health departments, and other cooperating authorities, as authorized by law. CDC will
retain, use, delete, or otherwise destroy the “designated information” in accordance with the
Federal Records Act, applicable Privacy Act System of Records notice, and other applicable law.

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However, if “designated information” is transmitted by airlines via an established DHS data
system, DHS will integrate the data into the DHS Automated Targeting System (ATS) 39 and use
it for passenger screening. DHS may use the data for any use permitted by the ATS System of
Records Notice (SORN) 40 and will retain it for a minimum of fifteen years, in accordance with
the SORN. Permitted uses of established data systems, including ATS, include but are not

https://www.cdc.gov/sornnotice/09-20-0171.htm
https://www.dhs.gov/sites/default/files/publications/privacy-pia-cbp006-ats-may2021.pdf
40
https://www.gpo.gov/fdsys/pkg/FR-2015-03-13/html/2015-05798.htm
38
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limited to immigration enforcement, law enforcement, anti-terrorism, national security, and
border security. DHS shares passenger data with other law enforcement and national security
partners pursuant to agreements with those partners for use throughout a period of time specified
by the relevant agreement, or according to the recipient agency’s SORN or Attorney Generalapproved intelligence oversight guidelines.

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CDC may modify this Order by an updated publication in the Federal Register.

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In testimony whereof, the Director, Centers for Disease Control and Prevention, U.S.
Department of Health and Human Services, has hereunto set her hand at Atlanta, Georgia, this
25th day of October 2021.

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__________________________
Rochelle P. Walensky, M.D., M.P.H.
Director
Centers for Disease Control and Prevention

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