Executive Order 14043
- Date
- 2021-11-19
Summary
Document 37-2 in Case 2:21-cv-00702-CLM, filed November 19, 2021 in the U.S. District Court for the N.D. of Alabama, is Exhibit 2, a Federal Register copy of Executive Order 14043 of September 9, 2021, Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. The order, published in Federal Register Vol. 86, No. 175 on September 14, 2021, cites sections 3301, 3302, and 7301 of title 5, United States Code. Section 1 sets out the policy basis, including the Delta variant and the vaccines approved or authorized by the FDA. Section 2 directs each agency to implement a program requiring COVID-19 vaccination for its Federal employees, with exceptions only as required by law, and directs the Safer Federal Workforce Task Force to issue guidance within 7 days. Sections 3 and 4 give definitions under 5 U.S.C. 105 and 5 U.S.C. 2105 and general provisions.
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Case 2:21-cv-00702-CLM Document 37-2 Filed 11/19/21 Page 1 of 3 FILED
2021 Nov-19 PM 11:28
U.S. DISTRICT COURT
N.D. OF ALABAMA
Exhibit 2:
Executive Order 14043
Case 2:21-cv-00702-CLM Document 37-2 Filed 11/19/21 Page 2 of 3
Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Presidential Documents 50989
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 Na-
tional 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.
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 indi-
viduals 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 Execu-
tive 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.
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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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Case 2:21-cv-00702-CLM Document 37-2 Filed 11/19/21 Page 3 of 3
50990 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Presidential Documents
Sec. 2. Mandatory Coronavirus Disease 2019 Vaccination for Federal Employ-
ees. Each agency shall implement, to the extent consistent with applicable
law, a program to require COVID–19 vaccination for all of its Federal employ-
ees, 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.
[FR Doc. 2021–19927
Filed 9–13–21; 8:45 am]
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