조 바이든 대통령이 미국 입국시 자가격리를 포함한 ‘COVID-19 국내외 여행의 안전 증진을 위한 행정명령(Executive Order on Promoting COVID-19 Safety in Domestic and International Travel)’에 서명했다.
이에 따라 미국에 입국하는 모든 사람은 CDC 권고사항에 따라(최소 7일에서 10일) 자가격리를 해야 한다.
자가격리와 관련한 새로운 정책이 언제 시작될 지 공식적으로 정해지지는 않았으나 몇 주 안에 미국에 도착 예정인 승객들은 도착 즉시 자가격리 명령 가능성을 대비하는 것이 좋다.
물론 호주처럼 엄격한 자가격리 정책은 아닐 것으로 보인다. 호주의 경우 도착즉시 지정된 호텔에 입소해야 하며 도착후 수시로 코로나19 검사를 진행하고 있지만 미국의 경우 승객이 원하는 장소에서 자체 격리가 가능할 것이라는 분석이 나온다.
이 밖에도 멕시코나 캐나다에서 육로를 통한 입국, 선박을 통한 항구 입국과 관련해서 국토안보부와 연안경비대, 교통부 장관등이 공중 보건 조치를 이행하기 위한 세부계획을 행정명령 서명일로부터 14일 이내에 대통령에게 제출하도록 했다.
입국 경로와 상관없이 26일(화)일 부터 미국에 입국하는 모든 사람들은 출발 3일전 코로나19 검사(PCR검사, 항체검사)를 마치고 음성결과서를 제출해야 한다.
백악관이 21일(목) 공개한 행정명령에는 “과학을 기반으로 한 공중 보건조치는 미국내 여행객과 해외에서 입국하는 사람들에 의한 코로나 바이러스 확산을 막기 위해 매우 중요한 조치”라고 명시하고 있다. 또 “생명을 구하고 운송산업에 고용된 수백만 명의 미국인을 포함한 모든 미국민이 안전하게 여행하고 업무에 임할 수 있도록 하기 위해 공공운송 수단과 미국으로 입항하는 항구에 대해 CDC의 지침과 일치하는 공중보건 조치를 시행하는 것이 행정부의 정책”이라고 밝혔다.
모든 대중교통 및 시설, 마스크착용 의무화 … ‘즉시 발동’
행정명령에서 ‘즉시발동’이 요구된 것은 미국내 모든 공공교통수단에 대한 마스크착용 의무화다. 공항, 항공기, 기차, 페리를 포함한 공공 해양선박, 시외버스 등 미국내 모든 대중교통 및 시설이 이에 해당된다.
행정명령은 또 노동부 장관, 보건인문서비스부 장관(HHS), 교통부 장관(FAA(연방항공청) 포함), 국토안보부 장관(TSA 및 연합군 사령부 포함 연안 경비원) 및 관련 규제 권한을 가진 다른 모든 행정 및 기관의 책임자는 CDC 지침에 따라 마스크를 착용하도록 즉시 조치를 취해야 한다고 명시했다.
다만 기관장이 마스크 착용 의무화에서 예외를 두는 경우 CDC지침을 대체할 안전장치를 마련해야 하며 반드시 문서화 하도록 했다.
다음은 백악관이 공개한 행정명령 원문이다.
Section 1. Policy. Science-based public health measures are critical to preventing the spread of coronavirus disease 2019 (COVID-19) by travelers within the United States and those who enter the country from abroad. The Centers for Disease Control and Prevention (CDC), the Surgeon General, and the National Institutes of Health have concluded that mask-wearing, physical distancing, appropriate ventilation, and timely testing can mitigate the risk of travelers spreading COVID-19. Accordingly, to save lives and allow all Americans, including the millions of people employed in the transportation industry, to travel and work safely, it is the policy of my Administration to implement these public health measures consistent with CDC guidelines on public modes of transportation and at ports of entry to the United States.
Sec. 2. Immediate Action to Require Mask-Wearing on Certain Domestic Modes of Transportation.
(a) Mask Requirement. The Secretary of Labor, the Secretary of Health and Human Services (HHS), the Secretary of Transportation (including through the Administrator of the Federal Aviation Administration (FAA)), the Secretary of Homeland Security (including through the Administrator of the Transportation Security Administration (TSA) and the Commandant of the United States Coast Guard), and the heads of any other executive departments and agencies (agencies) that have relevant regulatory authority (heads of agencies) shall immediately take action, to the extent appropriate and consistent with applicable law, to require masks to be worn in compliance with CDC guidelines in or on:
(i) airports;
(ii) commercial aircraft;
(iii) trains;
(iv) public maritime vessels, including ferries;
(v) intercity bus services; and
(vi) all forms of public transportation as defined in section 5302 of title 49, United States Code.
(b) Consultation. In implementing this section, the heads of agencies shall consult, as appropriate, with interested parties, including State, local, Tribal, and territorial officials; industry and union representatives from the transportation sector; and consumer representatives.
(c) Exceptions. The heads of agencies may make categorical or case-by-case exceptions to policies developed under this section, consistent with applicable law, to the extent that doing so is necessary or required by law. If the heads of agencies do make exceptions, they shall require alternative and appropriate safeguards, and shall document all exceptions in writing.
(d) Preemption. To the extent permitted by applicable law, the heads of agencies shall ensure that any action taken to implement this section does not preempt State, local, Tribal, and territorial laws or rules imposing public health measures that are more protective of public health than those required by the heads of agencies.
(e) Coordination. The Coordinator of the COVID-19 Response and Counselor to the President (COVID-19 Response Coordinator) shall coordinate the implementation of this section. The heads of agencies shall update the COVID-19 Response Coordinator on their progress in implementing this section, including any categorical exceptions established under subsection (c) of this section, within 7 days of the date of this order and regularly thereafter. The heads of agencies are encouraged to bring to the attention of the COVID-19 Response Coordinator any questions regarding the scope or implementation of this section.
Sec. 3. Action to Implement Additional Public Health Measures for Domestic Travel.
(a) Recommendations. The Secretary of Transportation (including through the Administrator of the FAA) and the Secretary of Homeland Security (including through the Administrator of the TSA and the Commandant of the Coast Guard), in consultation with the Director of CDC, shall promptly provide to the COVID-19 Response Coordinator recommendations concerning how their respective agencies may impose additional public health measures for domestic travel.
(b) Consultation. In implementing this section, the Secretary of Transportation and the Secretary of Homeland Security shall engage with interested parties, including State, local, Tribal, and territorial officials; industry and union representatives from the transportation sector; and consumer representatives.
Sec. 4. Support for State, Local, Tribal, and Territorial Authorities. The COVID-19 Response Coordinator, in coordination with the Secretary of Transportation and the heads of any other relevant agencies, shall promptly identify and inform agencies of options to incentivize, support, and encourage widespread mask-wearing and physical distancing on public modes of transportation, consistent with CDC guidelines and applicable law.
Sec. 5. International Travel.
(a) Policy. It is the policy of my Administration that, to the extent feasible, travelers seeking to enter the United States from a foreign country shall be:
(i) required to produce proof of a recent negative COVID-19 test prior to entry; and
(ii) required to comply with other applicable CDC guidelines concerning international travel, including recommended periods of self-quarantine or self-isolation after entry into the United States.
(b) Air Travel.
(i) The Secretary of HHS, including through the Director of CDC, and in coordination with the Secretary of Transportation (including through the Administrator of the FAA) and the Secretary of Homeland Security (including through the Administrator of the TSA), shall, within 14 days of the date of this order, assess the CDC order of January 12, 2021, regarding the requirement of a negative COVID-19 test result for airline passengers traveling into the United States, in light of subsection (a) of this section. Based on such assessment, the Secretary of HHS and the Secretary of Homeland Security shall take any further appropriate regulatory action, to the extent feasible and consistent with CDC guidelines and applicable law. Such assessment and regulatory action shall include consideration of:
(A) the timing and types of COVID-19 tests that should satisfy the negative test requirement, including consideration of additional testing immediately prior to departure;
(B) the proof of test results that travelers should be required to provide;
(C) the feasibility of implementing alternative and sufficiently protective public health measures, such as testing, self-quarantine, and self-isolation on arrival, for travelers entering the United States from countries where COVID-19 tests are inaccessible, particularly where such inaccessibility of tests would affect the ability of United States citizens and lawful permanent residents to return to the United States; and
(D) measures to prevent fraud.
(ii) The Secretary of HHS, in coordination with the Secretary of Transportation (including through the Administrator of the FAA) and the Secretary of Homeland Security (including through the Administrator of the TSA), shall promptly provide to the President, through the COVID-19 Response Coordinator, a plan for how the Secretary and other Federal Government actors could implement the policy stated in subsection (a) of this section with respect to CDC-recommended periods of self-quarantine or self-isolation after a flight to the United States from a foreign country, as he deems appropriate and consistent with applicable law. The plan shall identify agencies’ tools and mechanisms to assist travelers in complying with such policy.
(iii) The Secretary of State, in consultation with the Secretary of HHS (including through the Director of CDC), the Secretary of Transportation (including through the Administrator of the FAA), and the Secretary of Homeland Security, shall seek to consult with foreign governments, the World Health Organization, the International Civil Aviation Organization, the International Air Transport Association, and any other relevant stakeholders to establish guidelines for public health measures associated with safe international travel, including on aircraft and at ports of entry. Any such guidelines should address quarantine, testing, COVID-19 vaccination, follow-up testing and symptom-monitoring, air filtration requirements, environmental decontamination standards, and contact tracing.
(c) Land Travel. The Secretary of State, in consultation with the Secretary of HHS, the Secretary of Transportation, the Secretary of Homeland Security, and the Director of CDC, shall immediately commence diplomatic outreach to the governments of Canada and Mexico regarding public health protocols for land ports of entry. Based on this diplomatic engagement, within 14 days of the date of this order, the Secretary of HHS (including through the Director of CDC), the Secretary of Transportation, and the Secretary of Homeland Security shall submit to the President a plan to implement appropriate public health measures at land ports of entry. The plan should implement CDC guidelines, consistent with applicable law, and take into account the operational considerations relevant to the different populations who enter the United States by land.
(d) Sea Travel. The Secretary of Homeland Security, through the Commandant of the Coast Guard and in consultation with the Secretary of HHS and the Director of CDC, shall, within 14 days of the date of this order, submit to the President a plan to implement appropriate public health measures at sea ports. The plan should implement CDC guidelines, consistent with applicable law, and take into account operational considerations.
(e) International Certificates of Vaccination or Prophylaxis. Consistent with applicable law, the Secretary of State, the Secretary of HHS, and the Secretary of Homeland Security (including through the Administrator of the TSA), in coordination with any relevant international organizations, shall assess the feasibility of linking COVID-19 vaccination to International Certificates of Vaccination or Prophylaxis (ICVP) and producing electronic versions of ICVPs.
(f) Coordination. The COVID-19 Response Coordinator, in consultation with the Assistant to the President for National Security Affairs and the Assistant to the President for Domestic Policy, shall coordinate the implementation of this section. The Secretary of State, the Secretary of HHS, the Secretary of Transportation, and the Secretary of Homeland Security shall update the COVID-19 Response Coordinator on their progress in implementing this section within 7 days of the date of this order and regularly thereafter. The heads of all agencies are encouraged to bring to the attention of the COVID-19 Response Coordinator any questions regarding the scope or implementation of this section.
Sec. 6. 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.
JOSEPH R. BIDEN JR.
THE WHITE HOUSE,
January 21, 2021.
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