The Centers for Disease Control and Prevention (CDC) recently issued an Order that will require all passengers boarding an international flight to the U.S. to sign an attestation that they have not been present in the Democratic Republic of the Congo during the 21 days before traveling to the U.S. This requirement will take effect on November 3, 2026, but is scheduled to sunset on December 18, 2026, unless extended.
The requirement for an aircraft operator to obtain the signed attestation will apply to both commercial and private flights, including flights that arrive in the U.S., but are intended to continue to another final destination. Before boarding, aircraft operators must collect the required attestation from each passenger, or an authorized representative acting on the passenger's behalf, and must deny boarding to any passenger who does not provide the attestation unless the passenger has a U.S. Government-issued exemption (i.e., the aircraft is transporting passengers with Ebola under the CDC's authorization, or the passengers hold a CDC exemption in another form).
Aircraft operators must also retain the signed attestations for at least 42 days after the passenger's arrival in the United States and provide them to the U.S. Government upon request.
The attestation may be signed on paper or digitally, including by electronic signature, but the CDC encourages air carriers to build the attestation into paperless check-in. Nonetheless, if you are providing infrequent private air transportation during this time, using a paper copy will be sufficient.
If you are a commercial air carrier (operating under Parts 135, 121, 129, or 380), in addition to having passengers sign the attestation, we would also recommend that your Conditions of Carriage and website be updated to notify passengers that they will need to sign these attestations, or they will not be permitted to board the aircraft. You should also include a copy of this attestation on your website so passengers can review what they will be required to sign.
Failure to comply with this requirement could result in criminal charges under, inter alia, 42 U.S.C. §§ 270 and 271 and 42 C.F.R. 71.2, in conjunction with 18 U.S.C. §§ 3559 and 3571 (providing for fines of up to $100,000 for individuals and $200,000 for organizations, and/or imprisonment of up to one year).
This alert provides a brief overview of the CDC's Order and the requirements that need to be followed. If you or your company have any questions, please contact Alexander T. Marriott, James Janaitis, Trey Range, or one of Baker Donelson's aviation attorneys.