CDC REQUIRES EBOLA-RELATED ATTESTATION FROM ALL AIR TRAVELERS ARRIVING IN THE U.S.
November 2, 2026
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On October 22, 2026, the Centers for Disease Control and Prevention (“CDC”) issued a Notice and Order (the “Order”) requiring every airline or other aircraft traveler arriving in the United States from a foreign country to attest that they have not been in the Democratic Republic of the Congo (“DRC”) in the past 21 days. The Order responds to an outbreak of Bundibugyo virus disease, an illness in the Ebola family, and takes effect at 11:59 p.m. EST on November 3, 2026.
The Order applies regardless of nationality, including to passengers, crew, and cargo crew connecting through a U.S. airport to another country and to flights departing from preclearance airports. It does not apply to overflights that do not land in the United States. Connecting through an airport in the DRC counts as “being in the DRC,” even if the traveler never leaves the aircraft. A parent or other authorized individual may complete the attestation for a passenger under 18 or a passenger unable to act on their own behalf.
The Order operates as a “controlled free pratique,” meaning that a carrier must confirm that every traveler on board has completed an attestation as a condition of disembarking passengers at a U.S. port of entry. In practice, carriers must:
- Ensure each traveler completes the paper or digital attestation before boarding a flight to the United States;
- Deny boarding to any traveler who does not provide a completed attestation; and
- Retain each attestation for at least 42 days after the traveler’s flight arrives in the United States, subject to U.S. government inspection.
To be clear, the airline or aircraft operator is solely responsible for compliance with the Order. All previous CDC orders concerning Ebola also remain in effect, including the suspension of entry for certain non-U.S. persons recently in the DRC, Uganda or South Sudan, extended through November 10, 2026. Foreign air carriers should update check-in systems at all U.S. gateways, train station and gate staff, and put a record-retention process in place before November 3.
This Aviation Regulatory Update is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions or require additional information, please contact Evelyn D. Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew M. Derco at 202.659.6665 or dderco@eckertseamans.com; Xander B. Silva at 412.566.6069 or xsilva@eckertseamans.com; or any other attorney at Eckert Seamans with whom you have been working.
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