[Federal Register Volume 86, Number 86 (Thursday, May 6, 2021)]
[Presidential Documents]
[Pages 24297-24300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09711]


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                         Presidential Documents 
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  Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 24297]]

                Proclamation 10199 of April 30, 2021

                
Suspension of Entry as 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 national emergency caused by the coronavirus 
                disease 2019 (COVID-19) outbreak in the United States 
                continues to pose a grave threat to our health and 
                security. As of April 29, 2021, the United States had 
                experienced more than 32 million confirmed COVID-19 
                cases and more than 570,000 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 act swiftly and aggressively 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 
                India is experiencing widespread, ongoing person-to-
                person transmission of SARS-CoV-2, the virus that 
                causes COVID-19. The World Health Organization has 
                reported that the Republic of India has had more than 
                18,375,000 confirmed cases of COVID-19. The magnitude 
                and scope of the COVID-19 pandemic in the Republic of 
                India is surging; the Republic of India accounts for 
                over one-third of new global cases, and the number of 
                new cases in the Republic of India is accelerating at a 
                rapid rate. There have been more than 300,000 average 
                new daily cases in the Republic of India over the past 
                week. A variant strain of the virus, known as B.1.617, 
                is also circulating in the Republic of India, along 
                with other variant strains, including B.1.1.7, first 
                detected in the United Kingdom, and B.1.351, first 
                detected in the Republic of South Africa. The CDC 
                advises, based on work by public health and scientific 
                experts, that these variants have characteristics of 
                concern, which may make them more easily transmitted 
                and have the potential for reduced protection afforded 
                by some vaccines.

                After reviewing the public health situation within the 
                Republic of India, CDC has concluded that proactive 
                measures are required to protect the Nation's public 
                health from travelers entering the United States from 
                that jurisdiction.

                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 nonimmigrants, of noncitizens of the United States 
                (``noncitizens'') who were physically present within 
                the Republic of India 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

[[Page 24298]]

                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. The 
                entry into the United States, as nonimmigrants, of 
                noncitizens who were physically present within the 
                Republic of India 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;

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

[[Page 24299]]

                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 endeavor to 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. Effective Date. This proclamation is effective 
                at 12:01 a.m. eastern daylight time on May 4, 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 daylight time on 
                May 4, 2021.

                Sec. 6. 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. 7. 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.

[[Page 24300]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                thirtieth day of April, 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. 2021-09711
Filed 5-5-21; 8:45 am]
Billing code 3295-F1-P