[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Presidential Documents]
[Pages 7467-7470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02024]



[[Page 7465]]

Vol. 86

Thursday,

No. 17

January 28, 2021

Part II





The President





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Proclamation 10143--Suspension of Entry as Immigrants and Nonimmigrants 
of Certain Additional Persons Who Pose a Risk of Transmitting 
Coronavirus Disease 2019



Executive Order 14004--Enabling All Qualified Americans To Serve Their 
Country in Uniform



Executive Order 14005--Ensuring the Future Is Made in All of America by 
All of America's Workers



Memorandum of January 21, 2021--Memorandum To Extend Federal Support to 
Governors' Use of the National Guard To Respond to COVID-19 and To 
Increase Reimbursement and Other Assistance Provided to States
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                         Presidential Documents 
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  Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 7467]]

                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

                By the President of the United States of America

                A Proclamation

                The Federal Government must act swiftly and 
                aggressively to combat coronavirus disease 2019 (COVID-
                19). The national emergency caused by the COVID-19 
                outbreak in the United States continues to pose a grave 
                threat to our health and security. As of January 20, 
                2021, the United States had experienced more than 24 
                million confirmed COVID-19 cases and more than 400,000 
                COVID-19 deaths. It is the policy of my Administration 
                to implement science-based public health measures, 
                across all areas of the Federal Government, to prevent 
                further spread of the disease.

                The Centers for Disease Control and Prevention (CDC), 
                within the Department of Health and Human Services, 
                working in close coordination with the Department of 
                Homeland Security, has determined that the Republic of 
                South Africa is experiencing widespread, ongoing 
                person-to-person transmission of SARS-CoV-2, the virus 
                that causes COVID-19, including a variant strain of the 
                virus known as B.1.351. The World Health Organization 
                has reported that the Republic of South Africa has over 
                1,400,000 confirmed cases of COVID-19. Another variant 
                strain, known as B.1.1.7, is widely circulating and has 
                been traced to the United Kingdom. Furthermore, a third 
                variant strain, which is known as B.1.1.28.1 and may 
                impact the potential for re-infection, has been 
                identified in Brazil. Based on developments with 
                respect to the variants and the continued spread of the 
                disease, CDC has reexamined its policies on 
                international travel and, after reviewing the public 
                health situations within the Schengen Area, the United 
                Kingdom (excluding overseas territories outside of 
                Europe), the Republic of Ireland, the Federative 
                Republic of Brazil, and the Republic of South Africa, 
                has concluded that continued and further measures are 
                required to protect the public health from travelers 
                entering the United States from those jurisdictions.

                In my Executive Order of January 21, 2021, entitled 
                ``Promoting COVID-19 Safety in Domestic and 
                International Travel,'' I directed the Secretary of 
                Health and Human Services, including through the 
                Director of CDC, and in coordination with the Secretary 
                of Transportation (including through the Administrator 
                of the Federal Aviation Administration) and the 
                Secretary of Homeland Security (including through the 
                Administrator of the Transportation Security 
                Administration), to further examine certain current 
                public health precautions for international travel and 
                take additional appropriate regulatory action, to the 
                extent feasible and consistent with CDC guidelines and 
                applicable law.

                While that review continues, and given the 
                determination of CDC, working in close coordination 
                with the Department of Homeland Security, described 
                above, I have determined that it is in the interests of 
                the United States to take action to restrict and 
                suspend the entry into the United States, as immigrants 
                or nonimmigrants, of noncitizens of the United States 
                (``noncitizens'') who were physically present within 
                the Schengen Area, the United Kingdom (excluding 
                overseas territories outside of Europe), the Republic

[[Page 7468]]

                of Ireland, the Federative Republic of Brazil, and the 
                Republic of South Africa during the 14-day period 
                preceding their entry or attempted entry into the 
                United States.

                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 212(f) and 215(a) of the 
                Immigration and Nationality Act, 8 U.S.C. 1182(f) and 
                1185(a), and section 301 of title 3, United States 
                Code, hereby find that the unrestricted entry into the 
                United States of persons described in section 1 of this 
                proclamation would, except as provided for in section 2 
                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. Suspension and Limitation on Entry. (a) The 
                entry into the United States, as immigrants or 
                nonimmigrants, of noncitizens who were physically 
                present within the Schengen Area, the United Kingdom 
                (excluding overseas territories outside of Europe), the 
                Republic of Ireland, and the Federative Republic of 
                Brazil during the 14-day period preceding their entry 
                or attempted entry into the United States, is hereby 
                suspended and limited subject to section 2 of this 
                proclamation.

                    (b) The entry into the United States, as immigrants 
                or nonimmigrants, of noncitizens who were physically 
                present within the Republic of South Africa during the 
                14-day period preceding their entry or attempted entry 
                into the United States, is hereby suspended and limited 
                subject to section 2 of this proclamation.

                Sec. 2. Scope of Suspension and Limitation on Entry.

                    (a) Section 1 of this proclamation shall not apply 
                to:

(i) any lawful permanent resident of the United States;

(ii) any noncitizen national of the United States;

(iii) any noncitizen who is the spouse of a U.S. citizen or lawful 
permanent resident;

(iv) any noncitizen who is the parent or legal guardian of a U.S. citizen 
or lawful permanent resident, provided that the U.S. citizen or lawful 
permanent resident is unmarried and under the age of 21;

(v) any noncitizen who is the sibling of a U.S. citizen or lawful permanent 
resident, provided that both are unmarried and under the age of 21;

(vi) any noncitizen who is the child, foster child, or ward of a U.S. 
citizen or lawful permanent resident, or who is a prospective adoptee 
seeking to enter the United States pursuant to the IR-4 or IH-4 visa 
classifications;

(vii) any noncitizen traveling at the invitation of the United States 
Government for a purpose related to containment or mitigation of the virus;

(viii) any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or 
C-1/D nonimmigrant visa as a crewmember or any noncitizen otherwise 
traveling to the United States as air or sea crew;

(ix) any noncitizen

  (A) seeking entry into or transiting the United States pursuant to one of 
the following visas: A-1, A-2, C-2, C-3 (as a foreign government official 
or immediate family member 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 categories); or

  (B) whose travel falls within the scope of section 11 of the United 
Nations Headquarters Agreement;

[[Page 7469]]

(x) any noncitizen who is a member of the U.S. Armed Forces and any 
noncitizen who is a spouse or child of a member of the U.S. Armed Forces;

(xi) any noncitizen whose entry would further important United States law 
enforcement objectives, as determined by the Secretary of State, the 
Secretary of Homeland Security, or their respective designees, based on a 
recommendation of the Attorney General or his designee; or

(xii) any noncitizen whose entry would be in the national interest, as 
determined by the Secretary of State, the Secretary of Homeland Security, 
or their designees.

                    (b) 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.

                Sec. 3. Implementation and Enforcement. (a) The 
                Secretary of State shall implement this proclamation as 
                it applies to visas pursuant to such procedures as the 
                Secretary of State, in consultation with the Secretary 
                of Homeland Security, may establish. The Secretary of 
                Homeland Security shall implement this proclamation as 
                it applies to the entry of noncitizens pursuant to such 
                procedures as the Secretary of Homeland Security, in 
                consultation with the Secretary of State, may 
                establish.

                    (b) The Secretary of State, the Secretary of 
                Transportation, and the Secretary of Homeland Security 
                shall ensure that any noncitizen subject to this 
                proclamation does not board an aircraft traveling to 
                the United States, to the extent permitted by law.
                    (c) The Secretary of Homeland Security may 
                establish standards and procedures to ensure the 
                application of this proclamation at and between all 
                United States ports of entry.
                    (d) Where a noncitizen circumvents the application 
                of this proclamation through fraud, willful 
                misrepresentation of a material fact, or illegal entry, 
                the Secretary of Homeland Security shall consider 
                prioritizing such noncitizen for removal.

                Sec. 4. 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 30 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. 5. Amendment. Section 5 of 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), and section 
                5 of 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), are each amended to read as 
                follows:

                    ``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 30 days after 
                the date of the Proclamation of January 25, 2021, 
                entitled ``Suspension of Entry as Immigrants and 
                Nonimmigrants of Certain Additional Persons Who Pose a 
                Risk of Transmitting Coronavirus Disease 2019,'' and by 
                the final day of each calendar month thereafter, 
                recommend whether the President should continue, 
                modify, or terminate this proclamation.''

                Sec. 6. Effective Dates. (a) The suspension and 
                limitation on entry set forth in section 1(a) of this 
                proclamation is effective at 12:01 a.m. eastern 
                standard time on January 26, 2021. The suspension and 
                limitation on entry set forth in section 1(a) of this 
                proclamation does not apply to persons aboard a

[[Page 7470]]

                flight scheduled to arrive in the United States that 
                departed prior to 12:01 a.m. eastern standard time on 
                January 26, 2021.

                    (b) The suspension and limitation on entry set 
                forth in section 1(b) of this proclamation is effective 
                at 12:01 a.m. eastern standard time on January 30, 
                2021. The suspension and limitation on entry set forth 
                in section 1(b) of 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 January 30, 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:

                    (a) 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; and
                    (b) if any provision of this proclamation, or the 
                application of any provision to any person or 
                circumstance, is held to be invalid because of the lack 
                of certain procedural requirements, the relevant 
                executive branch officials shall implement those 
                procedural requirements to conform with existing law 
                and with any applicable court orders.

                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.
                    (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 January, 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-
                fifth.
                
                
                    (Presidential Sig.)

[FR Doc. 2021-02024
Filed 1-27-21; 11:15 am]
Billing code 3295-F1-P