Advancing the Safe Resumption of Global Travel During the Pandemic

Breaking information: President Biden shares journey ban elevate. Study extra from the Presidential Proclamation under.

Copied from the White Home:

The continued unfold of the SARS-CoV-2 virus that causes coronavirus illness 2019 (COVID-19) is a world menace to our well being and security.  COVID-19 has resulted in additional than 733,000 deaths in america and greater than 4,932,000 deaths worldwide.  New variants of SARS-CoV-2 have additionally emerged globally, and variants which can be extra transmissible or trigger extra extreme illness than the unique virus pressure are recognized by america Authorities SARS-CoV-2 Interagency Group as variants of concern.  Globally, as of October 20, 2021, 166 nations have reported circumstances of the B.1.617.2 (Delta) variant, a variant of concern that spreads extra simply than beforehand found variants of SARS-CoV-2.  The potential emergence of a variant of excessive consequence — one which considerably reduces the effectiveness of prevention measures or medical countermeasures — can be a main public well being concern.

It’s the coverage of my Administration to implement science-based public well being measures, throughout all areas of the Federal Authorities, to forestall additional introduction, transmission, and unfold of COVID-19 into and all through america, together with from worldwide air vacationers.  The Facilities for Illness Management and Prevention (CDC) inside the Division of Well being and Human Companies has decided that one of the simplest ways to gradual the unfold of COVID-19, together with stopping an infection by the Delta variant, is for people to get vaccinated.  In line with the CDC, vaccinated people are 5 instances much less prone to be contaminated and 10 instances much less prone to expertise hospitalization or loss of life because of COVID-19 than unvaccinated people.  Different mitigation measures are additionally essential to slowing the unfold of COVID-19.  These measures embody testing and mask-wearing, that are notably vital methods to restrict the unfold of COVID-19 from asymptomatic and pre-symptomatic people, in addition to self-quarantining and self-isolating.  However vaccination is a very powerful measure for decreasing the danger of COVID-19 transmission and for avoiding extreme sickness, hospitalization, and loss of life.

Substantial efforts are being made to extend vaccination charges throughout the globe.  The supply of COVID-19 vaccines is rising, and over 6 billion doses have been administered globally.  As of October 24, 2021, 29 nations have a COVID-19 vaccination charge larger than 70 p.c, many nations are making efforts to encourage COVID-19 vaccination for his or her populations, and a few nations are contemplating or including proof of vaccination necessities as circumstances for entry.  Many low-income nations proceed to have restricted vaccine availability, however america is main a world effort to donate a whole bunch of tens of millions of vaccine doses the place they’re wanted essentially the most.

In mild of those details and circumstances, I’ve decided that it’s within the pursuits of america to maneuver away from the country-by-country restrictions beforehand utilized through the COVID-19 pandemic and to undertake an air journey coverage that depends totally on vaccination to advance the secure resumption of worldwide air journey to the United States.  This proclamation governs the entry into america of noncitizen nonimmigrants — that’s, noncitizens who’re visiting america or in any other case being admitted briefly — touring to america by air.  It suspends the entry of unvaccinated noncitizen nonimmigrants, besides in restricted circumstances, and it ensures that the entry of unvaccinated noncitizen nonimmigrants is according to relevant well being and security determinations made by the Director of the CDC, together with a requirement that, the place acceptable, such people agree and prepare to develop into absolutely vaccinated towards COVID-19 upon their arrival.  My Administration has additionally taken motion, aside from this proclamation, to make sure that noncitizen immigrants are vaccinated previous to air journey to america.

Collectively, these insurance policies purpose to restrict the danger that COVID-19, together with variants of the virus that causes COVID-19, is launched, transmitted, and unfold into and all through america, probably overwhelming United States healthcare and public well being assets, endangering the well being and security of the American folks, and threatening the safety of our civil aviation system.  Given the resumption of air journey as worldwide restrictions as a result of COVID-19 pandemic start to ease, these insurance policies will, according to the measures required by Government Order 13998 of January 21, 2021 (Selling COVID-19 Security in Home and Worldwide Journey), advance the security and safety of the air touring public, the federal government personnel liable for making certain the safety of air journey, and the tens of millions of people employed by america air journey business, in addition to their households and communities, whereas additionally permitting the home and world economic system to proceed its restoration from the consequences of the COVID-19 pandemic.

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of america, by the authority vested in me by the Structure and the legal guidelines of america of America, together with sections 1182(f) and 1185(a) of title 8, United States Code, and part 301 of title 3, United States Code, hereby discover that it’s within the pursuits of america to advance the resumption of worldwide journey to america, offered obligatory well being and security protocols are in place to guard towards the additional introduction, transmission, and unfold of COVID-19 into and all through america.  I additional discover that vaccination necessities are important to advance the secure resumption of worldwide journey to america and that the unrestricted entry of individuals described in part 2 of this proclamation would, besides as offered for in part 3(a) of this proclamation, be detrimental to the pursuits of america, and that their entry must be topic to sure restrictions, limitations, and exceptions.  I due to this fact hereby proclaim the next:

Part 1.  Revocation of Nation-Particular Suspensions and Limitations on Entry.  Proclamation 9984 of January 31, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Individuals Who Pose a Danger of Transmitting 2019 Novel Coronavirus and Different Applicable Measures To Handle This Danger), Proclamation 9992 of February 29, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Sure Extra Individuals Who Pose a Danger of Transmitting 2019 Novel Coronavirus), Proclamation 10143 of January 25, 2021 (Suspension of Entry as Immigrants and Nonimmigrants of Sure Extra Individuals Who Pose a Danger of Transmitting Coronavirus Illness 2019), and Proclamation 10199 of April 30, 2021 (Suspension of Entry as Nonimmigrants of Sure Extra Individuals Who Pose a Danger of Transmitting Coronavirus Illness 2019), are revoked.

Sec. 2.  International Suspension and Limitation on Entry of Sure People Who Are Not Absolutely Vaccinated Towards COVID-19.  (a)  The entry into america by air journey of noncitizens who’re nonimmigrants and who usually are not absolutely vaccinated towards COVID-19 is suspended and restricted, besides as offered in part 3 of this proclamation.  This suspension and limitation on entry applies solely to air vacationers to the United States and doesn’t have an effect on visa issuance.
(b)  Any noncitizen who’s a nonimmigrant, who just isn’t absolutely vaccinated towards COVID-19, and who, however part 2(a) of this proclamation, is permitted to enter the United States by air journey pursuant to part 3(b) of this proclamation should comply with adjust to relevant public well being precautions established by the Director of the CDC to guard towards the general public well being threat posed by vacationers coming into into america.  Such precautions could also be associated to vaccination, testing, mask-wearing, self-quarantine, and self-isolation, as decided by the Director of the CDC, and should embody necessities that people:
(i)    present proof of pre-departure testing for COVID-19, as decided by the Director of the CDC;
(ii)   take precautions throughout air journey to guard towards the additional introduction, transmission, and unfold of COVID-19, together with by sporting a face masks, as decided by the Director of the CDC;
(iii)  present proof of getting organized for post-arrival testing for COVID-19, as decided by the Director of the CDC; and
(iv)   present proof of getting organized to self-quarantine or self-isolate after arriving in america, as decided by the Director of the CDC.
(c)  Any noncitizen who’s a nonimmigrant, who just isn’t absolutely vaccinated towards COVID-19, and who, however part 2(a) of this proclamation, is permitted to enter america by air journey pursuant to part 3(b) of this proclamation should comply with develop into absolutely vaccinated towards COVID-19 inside 60 days of arriving in america, inside another timeframe as decided by the Director of the CDC, or as quickly as medically acceptable as decided by the Director of the CDC, and should present proof of getting organized to develop into absolutely vaccinated towards COVID-19 after arriving in america, until:
(i)    the noncitizen’s meant keep is sufficiently temporary, as decided by the Director of the CDC;
(ii)   the noncitizen is one for whom, given their age, requiring vaccination can be inappropriate, as decided by the Director of the CDC;
(iii)  the noncitizen has participated or is collaborating in sure scientific trials for COVID-19 vaccination, as decided by the Director of the CDC;
(iv)   COVID-19 vaccination is medically contraindicated for the noncitizen, as decided by the Director of the CDC;
(v)    the noncitizen is described in part 3(b)(i) or 3(b)(ii) of this proclamation and has beforehand obtained a COVID-19 vaccine that’s approved or permitted by the noncitizen’s nation of nationality, as decided by the Director of the CDC, in session with the Secretary of State; or
(vi)   the Director of the CDC in any other case determines that COVID-19 vaccination just isn’t warranted for the noncitizen.

Sec. 3.  Scope of Suspension and Limitation on Entry.  (a)  The suspension and limitations on entry in part 2 of this proclamation shall not apply to any noncitizen looking for entry as a crew member of an airline or different plane operator if such crew member or operator adheres to all business customary protocols for the prevention of COVID-19, as set forth in related steerage for crew member well being issued by the CDC or by the Federal Aviation Administration in coordination with the CDC.
(b)  The suspension and limitations on entry in part 2(a) of this proclamation shall not apply to:
(i)     any noncitizen looking for entry into or transiting america pursuant to one of many following nonimmigrant visa classifications:  A-1, A-2, C-2, C-3 (as a overseas authorities official or instant member of the family of an official), E-1 (as an worker of TECRO or TECO or the worker’s instant members of the family), G-1, G-2, G-3, G-4, NATO-1 by way of NATO-4, or NATO-6 (or looking for to enter as a nonimmigrant in a type of NATO classifications);
(ii)    any noncitizen whose journey falls inside the scope of part 11 of the United Nations Headquarters Settlement or who’s touring pursuant to United States authorized obligation (as evidenced by a a call for participation from the United Nations or different documentation displaying the aim of such journey);
(iii)   any noncitizen for whom, given their age, requiring vaccination can be inappropriate, as decided by the Director of the CDC, making an allowance for world vaccine availability for people in that age group;
(iv)    any noncitizen who has participated or is collaborating in sure scientific trials for COVID-19 vaccination, as decided by the Director of the CDC;
(v)     any noncitizen for whom accepted COVID-19 vaccination is medically contraindicated, as decided 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 causes, as decided by the Director of the CDC;
(vii)   any noncitizen who’s a citizen of a overseas nation the place the provision of COVID-19 vaccination is proscribed, as recognized pursuant to part 4(a)(v) of this proclamation, and who seeks to enter america pursuant to a nonimmigrant visa, aside from a B-1 or B-2 visa;
(viii) any noncitizen who’s a member of america Armed Forces or who’s a partner or little one of a member of america Armed Forces;
(xi) any noncitizen looking for entry as a sea crew member touring pursuant to a C-1 and D nonimmigrant visa, if such crew member adheres to all business customary protocols for the prevention of COVID-19, as set forth in related steerage for crew member well being by the CDC; or(x)     any noncitizen or group of noncitizens whose entry can be within the nationwide curiosity, as decided by the Secretary of State, the Secretary of Transportation, the Secretary of Homeland Safety, or their designees.

Sec. 4.  Implementation and Enforcement.  (a)  The Secretary of Well being and Human Companies, by way of the Director of the CDC, shall implement this proclamation because it applies to the general public well being by way of such procedures as could also be established, and according to the CDC’s unbiased public well being judgment, together with by:
(i)    defining and specifying accepted COVID-19 vaccines or mixtures of accepted COVID-19 vaccines, and medical contraindications to accepted COVID-19 vaccines or mixtures of accepted COVID-19 vaccines, for functions of this proclamation;
(ii)   defining whether or not a person is absolutely vaccinated towards COVID-19, and specifying acceptable strategies of proving that a person is absolutely vaccinated towards COVID-19, for functions of this proclamation;
(iii)  specifying acceptable strategies of proving that a person has organized to adjust to relevant public well being necessities and protocols to guard towards the additional introduction, transmission, and unfold of COVID-19 into and all through the United States, together with pre-departure testing, post-arrival testing, post-arrival self-quarantine or self-isolation, and post-arrival vaccination towards COVID-19, for functions of this proclamation;
(iv)   figuring out whether or not sure individuals qualify as individuals in sure scientific trials for COVID-19 vaccination, for functions of this proclamation;
(v)    sustaining a listing of nations the place the provision of COVID-19 vaccination is proscribed, with such nations outlined as these the place lower than 10 p.c of the nation’s complete inhabitants has been absolutely vaccinated with any accessible COVID-19 vaccine or are in any other case decided by the Director of the CDC to qualify as nations the place the provision of COVID-19 vaccination is proscribed; and
(vi)   establishing different public well being measures according to this proclamation to guard towards the additional introduction, transmission, and unfold of COVID-19 into and all through america by individuals described in part 2 of this proclamation.
(b)  The Secretary of Transportation and the Secretary of Homeland Safety shall take steps to make sure that airways don’t allow noncitizens barred from entry pursuant to this proclamation to board an plane touring to america, to the extent permitted by regulation.
(c)  Government departments and businesses shall implement this proclamation, as acceptable and according to relevant regulation, in accordance with such procedures as they could set up.
(d)  The Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Safety shall assessment any laws, orders, steerage paperwork, insurance policies, and some other comparable company actions developed pursuant to Proclamations 9984, 9992, 10143, and 10199 and, as acceptable, shall contemplate revising or revoking these company actions according to the coverage set forth on this proclamation.
(e)  Nothing on this proclamation shall be construed to have an effect on any particular person’s eligibility for asylum, withholding of elimination, or safety below the laws issued pursuant to the laws implementing the Conference Towards Torture and Different Merciless, Inhuman or Degrading Therapy or Punishment, according to the legal guidelines and laws of america.
(f)  Nothing on this proclamation shall be construed to restrict the CDC’s authority to impose public well being necessities and protocols, together with on people who’re absolutely vaccinated towards COVID-19, people lined by this proclamation, or people not lined by this proclamation, equivalent to United States residents, lawful everlasting residents, or noncitizens touring on immigrant visas.

Sec. 5.  Termination.  This proclamation shall stay in impact till terminated by the President.  The Secretary of Well being and Human Companies shall, as circumstances warrant and not more than 60 days after the date of this proclamation and by the ultimate day of every calendar month thereafter, suggest whether or not the President ought to proceed, modify, or terminate this proclamation.

Sec. 6.  Efficient Date.  This proclamation is efficient at 12:01 a.m. japanese customary time on November 8, 2021.  This proclamation doesn’t apply to individuals aboard a flight scheduled to reach in america that departed previous to 12:01 a.m. japanese customary time on November 8, 2021.

Sec. 7.  Severability.  It’s the coverage of the United States to implement this proclamation to the utmost extent attainable to advance the nationwide safety, public security, and overseas coverage pursuits of america.  Accordingly, if any provision of this proclamation, or the applying of any provision to any individual or circumstance, is held to be invalid, the rest of this proclamation and the applying of its provisions to some other individuals or circumstances shall not be affected thereby.

Sec. 8.  Common Provisions.  (a)  Nothing on this proclamation shall be construed to impair or in any other case have an effect on:
(i)   the authority granted by regulation to an government division or company, or the pinnacle thereof; or
(ii)  the features of the Director of the Workplace of Administration and Funds regarding budgetary, administrative, or legislative proposals.
(b)  This proclamation shall be carried out according to relevant regulation and topic to the provision of appropriations.
(c)  This proclamation just isn’t meant to, and doesn’t, create any proper or profit, substantive or procedural, enforceable at regulation or in fairness by any celebration towards the United States, its departments, businesses, or entities, its officers, staff, or brokers, or some other individual.

IN WITNESS WHEREOF, I’ve hereunto set my hand this twenty-fifth day of October, within the yr of our Lord two thousand twenty-one, and of the Independence of the United States of America the 2 hundred and forty-sixth.

JOSEPH R. BIDEN JR.