ExecutiveOrdersEO
EO 13991Executive OrderBiden · D

Executive Order 13991

Protecting the Federal Workforce and Requiring Mask-Wearing

This executive order mandates that on-duty or on-site federal employees, contractors, and visitors wear masks and follow CDC public health guidelines in federal buildings and on federal lands. It also establishes the Safer Federal Workforce Task Force to provide ongoing guidance on COVID-19 workplace safety and requires federal agencies to report on their implementation progress.

Federal Register Open PDF 86 FR 7045

Impact dates

  1. Agencies listed in 31 U.S.C. 901(b) update COVID-19 Response Coordinator on progress

  2. Agency heads immediately take action to require CDC compliance

  3. OMB, OPM, GSA promptly issue implementation guidance

  4. HHS/CDC promptly develop and submit federal workforce testing plan

  5. OSTP assess availability of federal research grants

  6. Agency heads promptly provide Task Force with safety protocol reports

Key directives

  • Agency heads shall immediately require CDC guideline compliance for masks, physical distancing, and other public health measures
  • OMB, OPM, and GSA shall promptly issue implementation guidance
  • Agency heads shall consult with state/local/Tribal/territorial officials, unions, and contractors
  • Agency heads may make exceptions with written documentation and alternative safeguards
  • Agency heads shall seek to provide masks when needed
  • Agencies listed in 31 U.S.C. 901(b) shall update COVID-19 Response Coordinator within 7 days and regularly thereafter
  • HHS/CDC shall engage with officials and community leaders on mask-wearing
  • COVID-19 Response Coordinator shall identify options to incentivize widespread mask-wearing
  • Establish Safer Federal Workforce Task Force with specified membership
  • Task Force shall provide ongoing guidance on testing, contact tracing, distancing, PPE, air filtration, disinfection, telework, vaccine distribution, and exemptions
  • Agency heads shall promptly provide Task Force with reports on COVID-19 safety protocols
  • HHS/CDC shall promptly develop and submit federal workforce testing plan

Who is ordered

Timeline

Immediate

  • agency heads must immediately take action to require CDC compliance
  • OMB, OPM, GSA must promptly issue implementation guidance
  • agencies must promptly consult with stakeholders

Near term (90d)

  • agencies must report progress to COVID-19 Response Coordinator within 7 days
  • HHS/CDC must develop and submit federal workforce testing plan
  • OSTP must assess federal research grant availability for mask/distancing studies

Long term

  • Task Force provides ongoing guidance on federal workforce safety
  • agencies regularly update COVID-19 Response Coordinator on implementation
  • potential sustained changes to federal workplace health protocols

Risks & tensions

  • Vague 'promptly' and 'as appropriate' language creates implementation uncertainty across agencies
  • Exception authority under Section 2(d) could lead to inconsistent application; written documentation requirement is concrete but enforcement unclear
  • Section 7(b) consultation with legislative/judicial branches is non-binding—EO only 'seeks to consult' and 'promote' compliance, creating separation-of-powers tension without enforcement mechanism
  • Dependent on 'availability of appropriations' (Sec. 8(b)), potentially limiting mask provision and Task Force operations
  • Independent agencies only 'strongly encouraged' to comply (Sec. 8(c)), creating coverage gaps
  • No private right of action (Sec. 8(d)) limits individual enforcement options
Executive Order 13991: Protecting the Federal Workforce and Requiring Mask-Wearing · Executive Orders