Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic

CourtExecutive Office Of The President
Citation86 FR 59603
Record Number2021-23645
Published date28 October 2021
Presidential Documents
59603
Federal Register
Vol. 86, No. 206
Thursday, October 28, 2021
Title 3—
The President
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 poten-
tial emergence of a variant of high consequence—one that significantly re-
duces 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 through-
out 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-iso-
lating. But vaccination is the most important measure for reducing the
risk of COVID–19 transmission and for avoiding severe illness, hospitaliza-
tion, 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 require-
ments 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
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safe resumption of international air travel to the United States. This proclama-
tion 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 cir-
cumstances, and it ensures that the entry of unvaccinated noncitizen non-
immigrants 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 restric-
tions 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 detri-
mental 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 Immi-
grants 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
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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 proclama-
tion, 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-quar-
antine, 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 introduc-
tion, 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 proclama-
tion, 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 proclama-
tion 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 vaccina-
tion 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 proclama-
tion 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
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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 ar-
ranged 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 procla-
mation;
(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
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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 procla-
mation 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 docu-
ments, 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 individ-
ual’s eligibility for asylum, withholding of removal, or protection under
the regulations issued pursuant to the legislation implementing the Conven-
tion 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 cov-
ered 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, rec-
ommend 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 secu-
rity, public safety, and foreign policy interests of the United States. Accord-
ingly, if any provision of this proclamation, or the application of any provi-
sion 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.
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(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.
[FR Doc. 2021–23645
Filed 10–27–21; 8:45 am]
Billing code 3395–F2–P
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