[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]


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                         Presidential Documents 
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  Federal Register / Vol. 86, No. 206 / Thursday, October 28, 2021 / 
Presidential Documents  

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 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