Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic
| Published date | 28 October 2021 |
| Citation | 86 FR 59603 |
| Record Number | 2021-23645 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 86 Issue 206 (Thursday, October 28, 2021)
[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Presidential Documents]
[Pages 59603-59608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23645] Presidential Documents
Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 59603]]
Proclamation 10294 of October 25, 2021
Advancing the Safe Resumption of Global Travel
During the COVID-19 Pandemic
By the President of the United States of America
A Proclamation
The continued spread of the SARS-CoV-2 virus that
causes coronavirus disease 2019 (COVID-19) is a global
threat to our health and safety. COVID-19 has resulted
in more than 733,000 deaths in the United States and
more than 4,932,000 deaths worldwide. New variants of
SARS-CoV-2 have also emerged globally, and variants
that are more transmissible or cause more severe
disease than the original virus strain are identified
by the United States Government SARS-CoV-2 Interagency
Group as variants of concern. Globally, as of October
20, 2021, 166 countries have reported cases of the
B.1.617.2 (Delta) variant, a variant of concern that
spreads more easily than previously discovered variants
of SARS-CoV-2. The potential emergence of a variant of
high consequence--one that significantly reduces the
effectiveness of prevention measures or medical
countermeasures--is also a primary public health
concern.
It is the policy of my Administration to implement
science-based public health measures, across all areas
of the Federal Government, to prevent further
introduction, transmission, and spread of COVID-19 into
and throughout the United States, including from
international air travelers. 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, including
preventing infection by the Delta variant, is for
individuals to get vaccinated. According to the CDC,
vaccinated individuals are 5 times less likely to be
infected and 10 times less likely to experience
hospitalization or death due to COVID-19 than
unvaccinated individuals. Other mitigation measures are
also critical to slowing the spread of COVID-19. These
measures include testing and mask-wearing, which are
particularly important strategies to limit the spread
of COVID-19 from asymptomatic and pre-symptomatic
individuals, as well as self-quarantining and self-
isolating. But vaccination is the most important
measure for reducing the risk of COVID-19 transmission
and for avoiding severe illness, hospitalization, and
death.
Substantial efforts are being made to increase
vaccination rates across the globe. The availability of
COVID-19 vaccines is rising, and over 6 billion doses
have been administered globally. As of October 24,
2021, 29 countries have a COVID-19 vaccination rate
higher than 70 percent, many countries are making
efforts to encourage COVID-19 vaccination for their
populations, and some countries are considering or
adding proof of vaccination requirements as conditions
for entry. Many low-income countries continue to have
limited vaccine availability, but the United States is
leading a global effort to donate hundreds of millions
of vaccine doses where they are needed the most.
In light of these facts and circumstances, I have
determined that it is in the interests of the United
States to move away from the country-by-country
restrictions previously applied during the COVID-19
pandemic and to adopt an air travel policy that relies
primarily on vaccination to advance the
[[Page 59604]]
safe resumption of international air travel to the
United States. This proclamation governs the entry into
the United States of noncitizen nonimmigrants--that is,
noncitizens who are visiting the United States or
otherwise being admitted temporarily--traveling to the
United States by air. It suspends the entry of
unvaccinated noncitizen nonimmigrants, except in
limited circumstances, and it ensures that the entry of
unvaccinated noncitizen nonimmigrants is consistent
with applicable health and safety determinations made
by the Director of the CDC, including a requirement
that, where appropriate, such individuals agree and
arrange to become fully vaccinated against COVID-19
upon their arrival. My Administration has also taken
action, apart from this proclamation, to ensure that
noncitizen immigrants are vaccinated prior to air
travel to the United States.
Together, these policies aim to limit the risk that
COVID-19, including variants of the virus that causes
COVID-19, is introduced, transmitted, and spread into
and throughout the United States, potentially
overwhelming United States healthcare and public health
resources, endangering the health and safety of the
American people, and threatening the security of our
civil aviation system. Given the resumption of air
travel as worldwide restrictions due to the COVID-19
pandemic begin to ease, these policies will, consistent
with the measures required by Executive Order 13998 of
January 21, 2021 (Promoting COVID-19 Safety in Domestic
and International Travel), advance the safety and
security of the air traveling public, the government
personnel responsible for ensuring the security of air
travel, and the millions of individuals employed by the
United States air travel industry, as well as their
families and communities, while also allowing the
domestic and global economy to continue its recovery
from the effects of the COVID-19 pandemic.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of
the United States, by the authority vested in me by the
Constitution and the laws of the United States of
America, including sections 1182(f) and 1185(a) of
title 8, United States Code, and section 301 of title
3, United States Code, hereby find that it is in the
interests of the United States to advance the
resumption of international travel to the United
States, provided necessary health and safety protocols
are in place to protect against the further
introduction, transmission, and spread of COVID-19 into
and throughout the United States. I further find that
vaccination requirements are essential to advance the
safe resumption of international travel to the United
States and that the unrestricted entry of persons
described in section 2 of this proclamation would,
except as provided for in section 3(a) of this
proclamation, be detrimental to the interests of the
United States, and that their entry should be subject
to certain restrictions, limitations, and exceptions. I
therefore hereby proclaim the following:
Section 1. Revocation of Country-Specific Suspensions
and Limitations on Entry. Proclamation 9984 of January
31, 2020 (Suspension of Entry as Immigrants and
Nonimmigrants of Persons Who Pose a Risk of
Transmitting 2019 Novel Coronavirus and Other
Appropriate Measures To Address This Risk),
Proclamation 9992 of February 29, 2020 (Suspension of
Entry as Immigrants and Nonimmigrants of Certain
Additional Persons Who Pose a Risk of Transmitting 2019
Novel Coronavirus), Proclamation 10143 of January 25,
2021 (Suspension of Entry as Immigrants and
Nonimmigrants of Certain Additional Persons Who Pose a
Risk of Transmitting Coronavirus Disease 2019), and
Proclamation 10199 of April 30, 2021 (Suspension of
Entry as Nonimmigrants of Certain Additional Persons
Who Pose a Risk of Transmitting Coronavirus Disease
2019), are revoked.
Sec. 2. Global Suspension and Limitation on Entry of
Certain Individuals Who Are Not Fully Vaccinated
Against COVID-19. (a) The entry into the United States
by air travel of noncitizens who are nonimmigrants and
who are not fully vaccinated against COVID-19 is
suspended and limited, except as provided in section 3
of this proclamation. This suspension and limitation
[[Page 59605]]
on entry applies only to air travelers to the United
States and does not affect visa issuance.
(b) Any noncitizen who is a nonimmigrant, who is
not fully vaccinated against COVID-19, and who,
notwithstanding section 2(a) of this proclamation, is
permitted to enter the United States by air travel
pursuant to section 3(b) of this proclamation must
agree to comply with applicable public health
precautions established by the Director of the CDC to
protect against the public health risk posed by
travelers entering into the United States. Such
precautions may be related to vaccination, testing,
mask-wearing, self-quarantine, and self-isolation, as
determined by the Director of the CDC, and may include
requirements that individuals:
(i) provide proof of pre-departure testing for COVID-19, as determined by
the Director of the CDC;
(ii) take precautions during air travel to protect against the further
introduction, transmission, and spread of COVID-19, including by wearing a
face mask, as determined by the Director of the CDC;
(iii) provide proof of having arranged for post-arrival testing for COVID-
19, as determined by the Director of the CDC; and
(iv) provide proof of having arranged to self-quarantine or self-isolate
after arriving in the United States, as determined by the Director of the
CDC.
(c) Any noncitizen who is a nonimmigrant, who is
not fully vaccinated against COVID-19, and who,
notwithstanding section 2(a) of this proclamation, is
permitted to enter the United States by air travel
pursuant to section 3(b) of this proclamation must
agree to become fully vaccinated against COVID-19
within 60 days of arriving in the United States, within
some other timeframe as determined by the Director of
the CDC, or as soon as medically appropriate as
determined by the Director of the CDC, and must provide
proof of having arranged to become fully vaccinated
against COVID-19 after arriving in the United States,
unless:
(i) the noncitizen's intended stay is sufficiently brief, as determined by
the Director of the CDC;
(ii) the noncitizen is one for whom, given their age, requiring vaccination
would be inappropriate, as determined by the Director of the CDC;
(iii) the noncitizen has participated or is participating in certain
clinical trials for COVID-19 vaccination, as determined by the Director of
the CDC;
(iv) COVID-19 vaccination is medically contraindicated for the noncitizen,
as determined by the Director of the CDC;
(v) the noncitizen is described in section 3(b)(i) or 3(b)(ii) of this
proclamation and has previously received a COVID-19 vaccine that is
authorized or approved by the noncitizen's country of nationality, as
determined by the Director of the CDC, in consultation with the Secretary
of State; or
(vi) the Director of the CDC otherwise determines that COVID-19 vaccination
is not warranted for the noncitizen.
Sec. 3. Scope of Suspension and Limitation on Entry.
(a) The suspension and limitations on entry in section
2 of this proclamation shall not apply to any
noncitizen seeking entry as a crew member of an airline
or other aircraft operator if such crew member or
operator adheres to all industry standard protocols for
the prevention of COVID-19, as set forth in relevant
guidance for crew member health issued by the CDC or by
the Federal Aviation Administration in coordination
with the CDC.
(b) The suspension and limitations on entry in
section 2(a) of this proclamation shall not apply to:
(i) any noncitizen seeking entry into or transiting the United States
pursuant to one of the following nonimmigrant visa classifications: A-1, A-
2, C-2, C-3 (as a foreign government official or immediate family member
[[Page 59606]]
of an official), E-1 (as an employee of TECRO or TECO or the employee's
immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or
NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO
classifications);
(ii) any noncitizen whose travel falls within the scope of section 11 of
the United Nations Headquarters Agreement or who is traveling pursuant to
United States legal obligation (as evidenced by a letter of invitation from
the United Nations or other documentation showing the purpose of such
travel);
(iii) any noncitizen for whom, given their age, requiring vaccination would
be inappropriate, as determined by the Director of the CDC, taking into
account global vaccine availability for individuals in that age group;
(iv) any noncitizen who has participated or is participating in certain
clinical trials for COVID-19 vaccination, as determined by the Director of
the CDC;
(v) any noncitizen for whom accepted COVID-19 vaccination is medically
contraindicated, as determined by the Director of the CDC;
(vi) any noncitizen who has been granted an exception by the Director of
the CDC for humanitarian or emergency reasons, as determined by the
Director of the CDC;
(vii) any noncitizen who is a citizen of a foreign country where the
availability of COVID-19 vaccination is limited, as identified pursuant to
section 4(a)(v) of this proclamation, and who seeks to enter the United
States pursuant to a nonimmigrant visa, except for a B-1 or B-2 visa;
(viii) any noncitizen who is a member of the United States Armed Forces or
who is a spouse or child of a member of the United States Armed Forces;
(ix) any noncitizen seeking entry as a sea crew member traveling pursuant
to a C-1 and D nonimmigrant visa, if such crew member adheres to all
industry standard protocols for the prevention of COVID-19, as set forth in
relevant guidance for crew member health by the CDC; or
(x) any noncitizen or group of noncitizens whose entry would be in the
national interest, as determined by the Secretary of State, the Secretary
of Transportation, the Secretary of Homeland Security, or their designees.
Sec. 4. Implementation and Enforcement. (a) The
Secretary of Health and Human Services, through the
Director of the CDC, shall implement this proclamation
as it applies to the public health through such
procedures as may be established, and consistent with
the CDC's independent public health judgment, including
by:
(i) defining and specifying accepted COVID-19 vaccines or combinations of
accepted COVID-19 vaccines, and medical contraindications to accepted
COVID-19 vaccines or combinations of accepted COVID-19 vaccines, for
purposes of this proclamation;
(ii) defining whether an individual is fully vaccinated against COVID-19,
and specifying acceptable methods of proving that an individual is fully
vaccinated against COVID-19, for purposes of this proclamation;
(iii) specifying acceptable methods of proving that an individual has
arranged to comply with applicable public health requirements and protocols
to protect against the further introduction, transmission, and spread of
COVID-19 into and throughout the United States, including pre-departure
testing, post-arrival testing, post-arrival self-quarantine or self-
isolation, and post-arrival vaccination against COVID-19, for purposes of
this proclamation;
(iv) determining whether certain persons qualify as participants in certain
clinical trials for COVID-19 vaccination, for purposes of this
proclamation;
(v) maintaining a list of countries where the availability of COVID-19
vaccination is limited, with such countries defined as those where less
[[Page 59607]]
than 10 percent of the country's total population has been fully vaccinated
with any available COVID-19 vaccine or are otherwise determined by the
Director of the CDC to qualify as countries where the availability of
COVID-19 vaccination is limited; and
(vi) establishing other public health measures consistent with this
proclamation to protect against the further introduction, transmission, and
spread of COVID-19 into and throughout the United States by persons
described in section 2 of this proclamation.
(b) The Secretary of Transportation and the
Secretary of Homeland Security shall take steps to
ensure that airlines do not permit noncitizens barred
from entry pursuant to this proclamation to board an
aircraft traveling to the United States, to the extent
permitted by law.
(c) Executive departments and agencies shall
implement this proclamation, as appropriate and
consistent with applicable law, in accordance with such
procedures as they may establish.
(d) The Secretary of State, the Secretary of
Transportation, and the Secretary of Homeland Security
shall review any regulations, orders, guidance
documents, policies, and any other similar agency
actions developed pursuant to Proclamations 9984, 9992,
10143, and 10199 and, as appropriate, shall consider
revising or revoking these agency actions consistent
with the policy set forth in this proclamation.
(e) Nothing in this proclamation shall be construed
to affect any individual's eligibility for asylum,
withholding of removal, or protection under the
regulations issued pursuant to the legislation
implementing the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment,
consistent with the laws and regulations of the United
States.
(f) Nothing in this proclamation shall be construed
to limit the CDC's authority to impose public health
requirements and protocols, including on individuals
who are fully vaccinated against COVID-19, individuals
covered by this proclamation, or individuals not
covered by this proclamation, such as United States
citizens, lawful permanent residents, or noncitizens
traveling on immigrant visas.
Sec. 5. Termination. This proclamation shall remain in
effect until terminated by the President. The Secretary
of Health and Human Services shall, as circumstances
warrant and no more than 60 days after the date of this
proclamation and by the final day of each calendar
month thereafter, recommend whether the President
should continue, modify, or terminate this
proclamation.
Sec. 6. Effective Date. This proclamation is effective
at 12:01 a.m. eastern standard time on November 8,
2021. This proclamation does not apply to persons
aboard a flight scheduled to arrive in the United
States that departed prior to 12:01 a.m. eastern
standard time on November 8, 2021.
Sec. 7. Severability. It is the policy of the United
States to enforce this proclamation to the maximum
extent possible to advance the national security,
public safety, and foreign policy interests of the
United States. Accordingly, if any provision of this
proclamation, or the application of any provision to
any person or circumstance, is held to be invalid, the
remainder of this proclamation and the application of
its provisions to any other persons or circumstances
shall not be affected thereby.
Sec. 8. General Provisions. (a) Nothing in this
proclamation 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 proclamation shall be implemented
consistent with applicable law and subject to the
availability of appropriations.
[[Page 59608]]
(c) This proclamation 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.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-fifth day of October, in the year of our Lord
two thousand twenty-one, and of the Independence of the
United States of America the two hundred and forty-
sixth.
(Presidential Sig.)
[FR Doc. 2021-23645
Filed 10-27-21; 8:45 am]
Billing code 3395-F2-P
