Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic, 61224-61246 [2021-24385]
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Notices
Board of Governors of the Federal Reserve
System.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2021–24276 Filed 11–4–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Amended Order Implementing
Presidential Proclamation on
Advancing the Safe Resumption of
Global Travel During the COVID–19
Pandemic
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Notice of agency amended
order.
AGENCY:
On October 25, 2021, the
President issued a Proclamation,
‘‘Advancing the Safe Resumption of
Global Travel During the COVID–19
Pandemic.’’ Pursuant to this
Proclamation, the President has
implemented a global suspension and
restriction on entry for noncitizens who
are nonimmigrants seeking to enter the
United States by air travel and who are
not fully vaccinated against COVID–19.
The Proclamation directs the Secretary
of Health and Human Services (HHS),
through the Director of the Centers for
Disease Control and Prevention (CDC),
to implement the Proclamation as it
applies to public health. As such, CDC
announces an Amended Order
implementing the Proclamation
requiring noncitizens who are
nonimmigrants seeking to enter the
United States by air travel to provide
proof of being fully vaccinated against
COVID–19 prior to boarding an aircraft
to fly to the United States, with only
limited exceptions in accordance with
the Proclamation. This Amended Order
was signed by the CDC Director on
October 30, 2021, and supersedes the
previous Order signed by the CDC
Director on October 25, 2021.
DATES: This Amended Order will
become effective at 12:01 a.m. EST on
November 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Jennifer Buigut, Division of Global
Migration and Quarantine, Centers for
Disease Control and Prevention, 1600
Clifton Road NE, MS H16–4, Atlanta,
GA 30329. Telephone: 404–498–1600.
Email: dgmqpolicyoffice@cdc.gov.
SUPPLEMENTARY INFORMATION: The
President implemented a global
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SUMMARY:
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suspension and restriction on entry for
noncitizens who are nonimmigrants
seeking to enter the United States by air
travel and who are not fully vaccinated
against COVID–19, with only limited
exceptions. The Proclamation does not
apply to crew members of airlines or
other aircraft operators if they follow
industry standard protocols for the
prevention of COVID–19.
In accordance with the Proclamation
and CDC’s Amended Order, Covered
Individuals (noncitizens who are
nonimmigrants, excluding air crew)
seeking to enter the United States by air
travel and who are not fully vaccinated
against COVID–19 may board an aircraft
destined for the United States only if
they qualify as Excepted Covered
Individuals. Noncitizens who are
nonimmigrants, excluding air crew,
must also provide the airline or aircraft
operator with a Covered Individual
Attestation.
A copy of the Amended Order and
Attestation Form is below. A copy of
these documents and Technical
Instructions can be found at: https://
www.cdc.gov/quarantine/order-safetravel.html.
Centers for Disease Control and
Prevention (CDC)
Department of Health and Human
Services (HHS)
Amended Order Implementing
Presidential Proclamation on
Advancing the Safe Resumption Of
Global Travel During the Covid–19
Pandemic
SUMMARY
On October 25, 2021, the President
issued a Proclamation pursuant to
Sections 1182(f) and 1185(a)(1) of Title
8, and Section 301 of Title 3, United
States Code, (the ‘‘Proclamation’’),
titled, ‘‘Advancing the Safe Resumption
of Global Travel During the COVID–19
Pandemic.’’ Pursuant to this
Proclamation, the President has
implemented a global suspension and
restriction on entry for noncitizens who
are nonimmigrants seeking to enter the
United States by air travel and who are
not fully vaccinated against COVID–19.
The Proclamation directs the Secretary
of Health and Human Services (HHS),
through the Director of the Centers for
Disease Control and Prevention (CDC),
to implement the Proclamation as it
applies to public health in accordance
with appropriate public health protocols
and consistent with CDC’s independent
public health judgment. This Order and
accompanying Technical Instructions
implement the President’s direction.
The Proclamation does not alter the
obligation of persons, including persons
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whose entry is not covered by the
Proclamation, to comply with the
applicable requirements of CDC Orders,
including:
• Requirement for Proof of Negative
COVID–19 Test or Recovery from
COVID–19 for All Air Passengers
Arriving in the United States (published
at 86 FR 7387, January 28, 2021) (as may
be further amended);
• Requirement for Persons to Wear
Masks While on Conveyances and at
Transportation Hubs (published at 86
FR 8025, February 3, 2021) (as may be
further amended); and
• Other CDC Orders that may be
published relating to preventing the
introduction, transmission, and spread
of COVID–19 into and throughout the
United States.
This Amended Order supersedes the
previous Order signed by the CDC
Director on October 25, 2021,
implementing the President’s direction.
This Order shall enter into effect at
12:01 a.m. EST (5:01 a.m. GMT) on
November 8, 2021.
Definitions
Accepted COVID–19 Vaccine means:
• A vaccine authorized for emergency
use or approved by the U.S. Food and
Drug Administration; 1 or
• A vaccine listed for emergency use
(EUL) by the World Health Organization
(WHO); 2 or
• A vaccine or combination of
vaccines 3 listed by CDC in Technical
Instructions to this Order.
Covered Individual means any
passenger covered by the Proclamation
and this Order: A noncitizen 4 who is a
nonimmigrant seeking to enter the
United States by air travel. This term
does not apply to crew members of
airlines or other aircraft operators if
such crewmembers and operators
adhere to all industry standard
protocols for the prevention of COVID–
19, as set forth in relevant guidance for
crewmember health issued by the CDC
1 For a list of vaccines approved or authorized in
the United States to prevent COVID–19, see https://
www.cdc.gov/coronavirus/2019-ncov/vaccines/
different-vaccines.html
2 See WHO’s website for more information about
WHO-listed COVID–19 vaccines.
3 CDC has not recommended the use of
heterologous (i.e., ‘‘mix-and-match’’) primary series.
However, the use of such strategies (including
mixing of mRNA, adenoviral, and mRNA plus
adenoviral products) is increasingly common in
many countries outside of the United States.
Accordingly, additional vaccinations or
combinations of vaccinations may be listed in
CDC’s Technical Instructions to this Order for
purposes of the interpretation of vaccination
records.
4 For purposes of the Order, U.S. lawful
permanent residents and U.S. nationals will be
treated in the same manner as U.S. citizens.
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or by the Federal Aviation
Administration in coordination with the
CDC.
Excepted Covered Individual means a
Covered Individual who is not fully
vaccinated against COVID–19 and meets
the criteria for an exception under the
Proclamation and this Order.
Covered Individual Attestation means
the attestation in Attachment A, 5 in
written or electronic form, that must be
completed by each Covered Individual
who is permitted to enter the United
States under the Proclamation and this
Order.
Foreign country means anywhere that
is not a state, territory, or possession of
the United States.
Foreign Country with Limited COVID–
19 Vaccine Availability means a foreign
country where less than 10 percent of
the country’s total population has been
fully vaccinated with any available
COVID–19 vaccine. These countries are
listed by CDC in Technical Instructions.
Fully Vaccinated Against COVID–19
means it has been:
• 2 weeks (14 days) or more since a
person received one dose of an accepted
single-dose-series COVID–19 vaccine;
OR
• 2 weeks (14 days) or more since a
person’s second dose in a 2-dose series
of an accepted COVID–19 vaccine; OR
• 2 weeks (14 days) or more since a
person received the full series of an
‘‘active’’ (not placebo) COVID–19
vaccine in the U.S.-based AstraZeneca
or Novavax COVID–19 vaccine trials;
OR
• 2 weeks (14 days) or more since the
person received a complete series of a
vaccine or combination of vaccines
listed by CDC in Technical Instructions.
Not Fully Vaccinated Against COVID–
19 means a person does not meet the
definition of Fully Vaccinated Against
COVID–19.
Proof of Being Fully Vaccinated
Against COVID–19 means a paper or
digital format of a vaccination record or
a verifiable vaccination record, as listed
by CDC in Technical Instructions,
confirming that the person is Fully
Vaccinated Against COVID–19.
5 CDC encourages airlines and aircraft operators
to incorporate the attestation into paperless checkin processes. An airline or aircraft operator may use
a third party (including a third-party application) to
collect attestations, including to provide
translations. However, an airline or aircraft operator
will have sole legal responsibility to provide and
collect attestations, to ensure the accuracy of any
translation, and to comply with all other obligations
under agency directives implementing the
Proclamation. An airline or aircraft operator is
responsible for any failure of a third party to
comply with such directives. An airline or aircraft
operator may not shift any legal responsibility to a
third party.
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Self-isolation means, for purposes of
this Order, actions taken by an Excepted
Covered Individual who tests positive
on a viral test for COVID–19
administered on a specimen collected
3–5 days after arriving in the United
States or develops COVID–19
symptoms. These actions include:
• separating from other individuals,
staying in a home or other residence for
at least 10 days after symptom onset and
after resolution of fever for at least 24
hours and improvement of other
symptoms; or
• separating from other individuals,
staying in a home or other residence for
10 days after the first positive test if
asymptomatic;
AND
• observing other public health
precautions as set forth in CDC
guidance.6
Self-quarantine means, for purposes
of this Order, actions taken by an
Excepted Covered Individual to separate
from other individuals after arriving in
the United States, including staying in
a home or other residence for a full 7
days and observing public health
precautions as set forth in CDC
guidance.7
Viral test means a viral detection test
for current infection (i.e., a nucleic acid
amplification test [NAAT] or a viral
antigen test) approved or authorized by
the U.S. Food and Drug Administration
for the detection of SARS–CoV–2.
United States or U.S. has the same
definition as ‘‘United States’’ in 42 CFR
71.1(b), meaning ‘‘the 50 States, District
of Columbia, and the territories (also
known as possessions) of the United
States, including American Samoa,
Guam, the Northern Mariana Islands,
the Commonwealth of Puerto Rico, and
the U.S. Virgin Islands.’’
Background
Since January 2020, the respiratory
disease known as ‘‘COVID–19,’’ caused
by a novel coronavirus (SARS–CoV–2),
has spread globally, including cases
reported in all 50 states within the
United States, plus the District of
Columbia and all U.S. territories. As of
October 22, 2021, there have been over
242,000,000 million cases of COVID–19
globally, resulting in over 4,900,000
deaths.8 More than 45,000,000 cases
have been identified in the United
States, with new cases reported daily,
and over 733,000 deaths attributed to
6 Quarantine and Isolation, available at https://
www.cdc.gov/coronavirus/2019-ncov/your-health/
quarantine-isolation.html.
7 Ibid.
8 COVID–19 Map—Johns Hopkins Coronavirus
Resource Center (jhu.edu).
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the disease.9 A renewed surge in cases
in the United States began in early July
2021; daily case counts rose from 19,000
cases on July 1, 2021 to 159,000 cases
on September 1, 2021. While cases are
currently decreasing in the United
States, during the entirety of this
pandemic, cases have tended to surge in
waves, including after high-volume
travel periods, with four waves as of
October 2021.18 Therefore, additional
surges of cases and deaths are very
possible.
The United States is taking a multilayered approach to combatting COVID–
19, concurrently preventing and slowing
the continued introduction of cases and
further spread of the virus within U.S.
communities. Vaccination is the most
important measure for reducing risk for
SARS–CoV–2 transmission and in
avoiding severe illness, hospitalization,
and death. Studies so far show that
vaccinated people are five times less
likely to be infected and more than 10
times less likely to experience
hospitalization or death than people
who are not fully vaccinated against
COVID–19.10
On October 25, 2021, the President
issued a Proclamation under 3 U.S.C.
301 and 8 U.S.C. 1182(f), 1185(a)(1),
titled, ‘‘Advancing the Safe Resumption
of Global Travel During the COVID–19
Pandemic.’’ The Proclamation revokes
prior, country-specific presidential
proclamations issued under these
authorities in response to the outbreak
of COVID–19. In their place, the
President has implemented a global
suspension and restriction on entry for
noncitizens who are nonimmigrants
seeking to enter the United States by air
travel and who are not fully vaccinated
against COVID–19, with only limited
exceptions. This Amended Order and
accompanying technical instructions
implement the President’s
Proclamation. As further explained in
this Amended Order, CDC will be
implementing the Proclamation, among
other ways, through a requirement that
certain Excepted Covered Individuals
who are unable to present Proof of Being
Fully Vaccinated Against COVID–19
instead present a Covered Individual
Attestation to the airline or aircraft
operator prior to boarding the aircraft.
9 CDC
COVID Data Tracker.
Possibility of COVID–19 after Vaccination:
Breakthrough Infections, https://www.cdc.gov/
coronavirus/2019-ncov/vaccines/effectiveness/whymeasure-effectiveness/breakthrough-cases.html.
10 The
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Persons Whose Entry Is Not Covered by
the Proclamation or Who are Eligible
for an Exception to the Requirement To
Present Proof of Being Fully Vaccinated
Against COVID–19
The Proclamation applies only to nonU.S. citizens seeking entry as
nonimmigrants. Individuals seeking
entry to the United States as immigrants
are subject to the medical examination
and vaccination requirements of 8
U.S.C. 1182(a)(1)(A) and 42 CFR part 34.
These requirements are further
described in CDC’s COVID–19 Technical
Instructions for Panel Physicians.11
The Proclamation does not apply to
crew members of airlines or other
aircraft operators if they follow industry
standard protocols for the prevention of
COVID–19.12 Accordingly, per the terms
of the Proclamation, these individuals
are not Covered Individuals and are not
required to present Proof of Being Fully
Vaccinated nor required to present a
completed Covered Individual
Attestation to the airline or aircraft
operator before boarding an aircraft
destined to the United States.
The Proclamation permits Excepted
Covered Individuals to enter the United
States by air if they meet certain criteria
as determined by the CDC. Except
where otherwise indicated, these
Excepted Covered Individuals will be
required to present a Covered Individual
Attestation to the airline or aircraft
operator before boarding an aircraft
destined to the United States. These
categories include:
Diplomatic and Official Foreign
Government Travel. The Proclamation
excepts any noncitizen seeking entry
into or transiting the United States for
certain diplomatic or official foreign
government activities. This includes:
• Noncitizens traveling 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 of an
11 https://www.cdc.gov/immigrantrefugeehealth/
panel-physicians/covid-19-technicalinstructions.html.
12 Crew members on official duty assigned by the
airline or operator that involves operation of
aircraft, or the positioning of crew not operating the
aircraft (i.e., on ‘‘deadhead’’ status), are exempt
from the requirements of the Order provided their
assignment is under an air carrier’s or operator’s
occupational health and safety program that follows
applicable industry standard protocols for the
prevention of COVID–19 as set forth in relevant
Safety Alerts for Operators (SAFOs) issued by the
Federal Aviation Administration (FAA), i.e., SAFO
20009, COVID–19: Updated Interim Occupational
Health and Safety Guidance for Air Carriers and
Crews, available at https://www.faa.gov/other_visit/
aviation_industry/airline_operators/airline_safety/
safo/all_safos/media/2020/SAFO20009.pdf. CDC
will provide further information in Technical
Instructions.
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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); or
• Any noncitizen whose travel falls
within the scope of section 11 of the
United Nations Headquarters Agreement
or other travel pursuant to a United
States legal obligation (as evidenced by
a letter of invitation from the United
Nations or other documentation
showing the purpose of such travel).
Such an individual will need to present
an official letter, such as a letter from
the U.S. government or foreign
government to the airline or aircraft
operator. If invited by the United
Nations, such an individual will need to
present to the airline or aircraft operator
a letter of invitation from the United
Nations or other documentation
showing the purpose of such travel.
These persons will be required to
provide the Covered Individual
Attestation to the airline or aircraft
operator before boarding an aircraft
destined to the United States. Such
individuals must also attest to agreeing
and arranging to be vaccinated within
60 days of arriving in the United States,
or as soon thereafter as is medically
appropriate as determined by CDC, if
they intend to stay in the United States
for more than 60 days and have received
no vaccine series. If such an individual
has previously received a COVID–19
vaccine that is authorized or approved
by the noncitizen’s country of
nationality but is not an Accepted
COVID–19 Vaccine, then the individual
will not need to agree or arrange to be
vaccinated in the United States. In
addition, if the CDC Director, in
consultation with the Secretary of State,
determines that the individual cannot
complete the requirements of the
Covered Individual Attestation
consistent with the purposes of their
official foreign government activities,
then the individual is not required to
attest to agreeing and arranging to
complete the requirements of the
Covered Individual Attestation.
Children. The Proclamation excepts
noncitizens who are nonimmigrants for
whom, given their age, requiring
vaccination would be inappropriate, as
determined by the CDC, taking into
account global vaccine availability for
individuals in that age group. In the
United States, COVID–19 vaccinations
are widely available for adolescents,
with a vaccine approved for those 16
years and older and authorized for those
12 to 15 years of age. However, the same
availability does not exist globally.
Accordingly, considering the difficulty
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potentially posed to families traveling
together when some members of the
family can be vaccinated and others
cannot, persons under the age of 18
years meet the age-based exception in
the Proclamation.
Noncitizens who are nonimmigrants
and who are under the age of 18 years
and unable to present Proof of Being
Fully Vaccinated Against COVID–19
must present a completed Covered
Individual Attestation to the airline or
aircraft operator prior to embarking an
aircraft destined to the United States.
However, as part of this attestation,
children under the age of 18 will not be
required to attest (or have a parent or
guardian attest on their behalf) to having
arranged to self-quarantine in the
United States after arrival. Based on the
potential difficulty that self-quarantine
may pose to children under 18 years of
age especially when accompanied by a
vaccinated parent or guardian who is
not required to self-quarantine, CDC has
determined that self-quarantine should
not be required. Nevertheless, children
under 18 years of age will be required
to attest (or have a parent or guardian
attest on their behalf) to arranging to be
tested for COVID–19 3–5 days after
arrival and to self-isolate if the test
result should be positive or if the child
develops COVID–19 symptoms. CDC
believes that this approach fairly
balances the interests of families
traveling to the United States with
protecting the public’s health. CDC
guidance strongly recommends
vaccination for all eligible children
under 18. However, given the still
evolving circumstances of vaccination
for children, attestation regarding postarrival vaccination will also not be
required for children under 18 at this
time. This determination will be
periodically reevaluated.
Clinical Trials. The Proclamation
excepts noncitizens who are
nonimmigrants and who have
participated or are participating in
certain clinical trials for COVID–19
vaccination, as determined by the CDC.
Qualifying vaccine candidates will be
specified in CDC’s Technical
Instructions to this Order. Because these
clinical trial participants may have
taken a COVID–19 vaccine or series of
COVID–19 vaccines that do not meet the
definition of an Accepted COVID–19
Vaccine, these participants may not be
able to present Proof of Being Fully
Vaccinated Against COVID–19.
Accordingly, noncitizens who are
nonimmigrants and who have
participated or are participating in
certain COVID–19 vaccine trials and
unable to present Proof of Being Fully
Vaccinated Against COVID–19 must
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present a completed Covered Individual
Attestation to the airline or aircraft
operator prior to embarking an aircraft
destined to the United States. However,
CDC has determined that these
individuals should not be required to
attest to agreeing and arranging to selfquarantine or to be vaccinated after
arriving in the United States. Requiring
self-quarantine after arrival could
potentially discourage clinical trial
participants which would not serve the
interests of public health and requiring
vaccination could potentially invalidate
the clinical trial study. Nevertheless,
these individuals will be required to
attest to arranging to be tested for
COVID–19 3–5 days after arrival and to
self-isolate if the test result should be
positive or if they develop COVID–19
symptoms.
Medical Contraindications. The
Proclamation excepts noncitizens who
are nonimmigrants for whom receiving
an accepted COVID–19 vaccine is
medically contraindicated as
determined by a licensed physician.13
Accordingly, individuals with medical
contraindications to an accepted
COVID–19 vaccine (e.g., a demonstrated
anaphylactic reaction to a prior dose of
a COVID–19 vaccine or vaccine
component), as further described in
CDC’s Technical Instructions to this
Order, are not required to present Proof
of Being Fully Vaccinated Against
COVID–19. COVID–19 vaccinations
have been overwhelmingly proven to be
safe and effective at preventing severe
illness, hospitalizations, and deaths
from COVID–19. However, as is the case
with any vaccine, certain medical
complications can occur, such as a
severe allergic reaction. CDC intends for
this exception to be applied in strict
accordance with scientific evidence and
will provide additional details
concerning exceptions for medical
contraindications in CDC’s Technical
Instructions to this Order. Persons
granted an exception based on medical
contraindications will be required to
present a Covered Individual Attestation
to the airline or aircraft operator prior to
embarking an aircraft destined to the
United States but are not required to
attest to agreeing and arranging to be
vaccinated after arriving in the United
States.
Humanitarian and Emergency
Exceptions. The Proclamation excepts
any noncitizen nonimmigrant who has
been granted an exception by the CDC
for humanitarian or emergency reasons,
13 Objections to vaccination based on religious or
moral convictions do not qualify under this or any
other exception listed in the Proclamation or this
Order.
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as determined by the CDC. CDC will
apply this exception extremely
narrowly, such as when an individual
must travel to the United States to
preserve health and safety (e.g.,
emergency medical evacuations) and is
unable to complete the vaccination
requirement before travel. Individuals
and organizations sponsoring
individuals who fit the exception
criteria should contact the U.S. embassy
or consulate in or nearest the country
from which they are departing for the
United States. The embassy will then
transmit this information to the CDC for
consideration. Any noncitizen who is a
nonimmigrant granted an exception for
humanitarian or emergency reasons
must present an official U.S.
government letter and a completed
Covered Individual Attestation to the
airline or aircraft operator prior to
embarking an aircraft destined to the
United States. Such individual must
also attest to agreeing and arranging to
be vaccinated within 60 days of arriving
in the United States, or as soon
thereafter as is medically appropriate as
determined by CDC, if they intend to
stay in the United States for more than
60 days.
Limited Vaccine Availability. The
Proclamation excepts any noncitizen
who is a nonimmigrant with a
nonimmigrant visa (excluding a B–1 or
B–2 visa) and who is a citizen of a
Foreign Country with Limited COVID–19
Vaccine Availability, which is defined
pursuant to the Proclamation and this
Order as a foreign country where less
than 10 percent of the country’s total
population has been fully vaccinated
with any available COVID–19 vaccine or
is otherwise determined by the Director
of the CDC to qualify as a country where
the availability of COVID–19
vaccination is limited. The list of
countries falling below the 10 percent
threshold will be maintained by CDC in
Technical Instructions to this Order and
will be reviewed on a regular basis. In
developing and maintaining this list,
CDC will rely on official source data as
reported by foreign ministries of health
but may also rely on other sources such
as additional information provided by
U.S. embassies and consulates.
Currently, 50 countries report having
less than 10 percent of their populations
fully vaccinated against COVID–19.14
Individuals entering the United States
under this exception must present a
completed Covered Individual
Attestation to the airline or aircraft
operator prior to embarking an aircraft
destined to the United States.
14 CDC COVID Data Tracker: Global COVID–19
Vaccination.
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Additionally, these individuals must
attest to agreeing and arranging to be
vaccinated within 60 days of arriving in
the United States, or as soon thereafter
as is medically appropriate as
determined by CDC, if they intend to
stay in the United States for more than
60 days.
Members of the U.S. Armed Forces.
The Proclamation excepts noncitizens
who are members of the U.S. Armed
Forces and spouses or children of
members of the U.S. Armed Forces. CDC
intends to apply this exception in a
similar manner as in the CDC Order,
‘‘Requirement for Proof of Negative
COVID–19 Test or Recovery from
COVID–19 for All Air Passengers
Arriving in the United States.’’ U.S.
Armed Forces observe U.S. Department
of Defense guidance to prevent the
transmission of COVID–19 as set forth
in Force Protection Guidance
Supplement 20—Department of Defense
Guidance for Personnel Traveling
During the Coronavirus Disease 2019
Pandemic (April 12, 2021). Accordingly,
members of the U.S. Armed Forces, and
their spouses and children, if traveling
with a U.S. military identification
document or other proof of status as a
member or spouse or child (under 18
years of age) of a member of the U.S.
Armed Forces, must attest to their status
on the Covered Individual Attestation,
but will not be required to attest to
agreeing and arranging to complete the
requirements of the Covered Individual
Attestation.
Sea Crew Members. The Proclamation
excepts 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.15 Any passenger granted an
exception as a Sea Crew Member must
present documentation to the airline
from their employer indicating that their
entry to the United States is required for
the purpose of operating a vessel that
will depart from a U.S. seaport.
Individuals entering the United States
under this exception must present a
completed Covered Individual
Attestation to the airline or aircraft
15 See CDC’s Technical Instructions for this Order
for additional information regarding post-arrival
public health management of sea crew. Relevant
CDC guidance pertaining to sea crew members
serving on board cruise ships has been issued as
part of the Temporary Extension and Modification
of the Conditional Sail Order (available at https://
www.cdc.gov/quarantine/cruise/covid19cruiseships.html). Additional guidance applicable
to crew serving onboard all vessels is available at
https://www.cdc.gov/quarantine/maritime/
recommendations-for-ships.html.
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operator prior to embarking an aircraft
destined to the United States.
Additionally, these individuals must
attest to agreeing and arranging to be
vaccinated within 60 days of arriving in
the United States, or as soon thereafter
as is medically appropriate as
determined by CDC, if they intend to
stay in the United States for more than
60 days.
National Interest Exception. The
Proclamation excepts any noncitizen or
group of noncitizens whose entry is in
the U.S. national interest, as determined
by the Secretary of State, the Secretary
of Transportation, or the Secretary of
Homeland Security, or their designees.
Any Excepted Covered Individual
granted an exception in the national
interest must present an official U.S.
government letter and a completed
Covered Individual Attestation to the
airline or aircraft operator prior to
embarking an aircraft destined to the
United States. Such an individual must
also attest to agreeing and arranging to
be vaccinated within 60 days of arriving
in the United States, or as soon
thereafter as is medically appropriate, if
they intend to stay in the United States
for more than 60 days.
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Requirement To Provide an Covered
Individual Attestation for an Excepted
Covered Individual Who Is Unable To
Present Proof of Being Fully Vaccinated
Covered Individuals seeking to enter
the United States by air travel and who
are not Fully Vaccinated Against
COVID–19 may embark an aircraft
destined for the United States only if
they qualify as Excepted Covered
Individuals pursuant to the
Proclamation. Under the Proclamation,
such individuals must agree that they
will comply with applicable public
health precautions established by CDC
to protect against the public health risk
posed by these travelers entering into
the United States. These include:
• Providing proof in the form of an
attestation of pre-departure testing for
COVID–19, as determined by the CDC;
• taking precautions during air travel
to protect against the further
introduction, transmission, and spread
of COVID–19, including by complying
with the requirement to wear a face
mask, as determined by the CDC;
• providing proof in the form of an
attestation of having arranged for postarrival testing for COVID–19, as
determined by the CDC; and
• providing proof in the form of an
attestation of having arranged to selfquarantine or self-isolate after arriving
in the United States, as determined by
the CDC.
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Some categories of Excepted Covered
Individuals (subject to certain
exceptions) must agree to become fully
vaccinated against COVID–19 within 60
days 16 of arriving in the United States
if the individual intends to stay in the
United States for more than 60 days, or
as soon thereafter as is medically
appropriate as determined by the CDC,
and must provide proof in the form of
an attestation of having agreed and
arranged to become fully vaccinated
against COVID–19 after arriving in the
United States.
The Proclamation directs the HHS
Secretary, acting through the CDC
Director, to implement the Proclamation
as it applies to public health consistent
with CDC’s independent public health
judgment. In accordance with the
President’s direction, this Amended
Order requires that, to travel to the
United States by air travel, an Excepted
Covered Individual who is unable to
present Proof of Being Fully Vaccinated
Against COVID–19 must present a
Covered Individual Attestation to the
airline or aircraft operator prior to
embarking the aircraft.
The Covered Individual Attestation
must be completed, in written or
electronic form, by the Excepted
Covered Individual and is subject to 18
U.S.C. 1001. As further explained in the
attached Attestation form (Attachment
A), persons who knowingly submit false
information may be subject to fines,
imprisonment, and other penalties.
Airlines or other aircraft operators, as
directed by the Transportation Security
Administration (TSA), including
through a forthcoming Security
Directive to be issued after consultation
with CDC, and consistent with this
Amended Order, will be required to
retain a copy of the Covered Individual
Attestation for 2 years; however,
individuals are not required to retain a
copy of the attestation in their
possession upon arriving in the United
States.
Future CDC orders implementing the
Proclamation may require other public
health measures consistent with the
Proclamation to protect against the
further introduction, transmission, and
16 CDC concurs that 60 days is the appropriate
time frame for requiring that persons arriving in the
United States be fully vaccinated against COVID–
19. The mRNA COVID–19 vaccines (PfizerBioNTech and Moderna) available in the United
States are administered 3–4 weeks apart (see
https://www.cdc.gov/coronavirus/2019-ncov/
vaccines/different-vaccines.html). It takes 14 days
after the 2nd dose to be considered fully vaccinated.
Therefore, it is reasonable to conclude that
individuals should be able to complete the
vaccination series and the 14-day period within 60
days of arriving in the United States.
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spread of COVID–19 into the United
States by Covered Individuals.
This Amended Order clarifies certain
ambiguity that existed at the time of the
issuance of the Order on October 25,
2021, regarding the requirement for
post-arrival quarantine for children
under 18 years of age and participants
in certain COVID–19 clinical trials. This
Amended Order clarifies that such
individuals are not required to attest to
having to agree and arrange to selfquarantine after arriving in the United
States. Therefore, to the extent that this
ambiguity would have caused these
individuals to self-quarantine, this
ambiguity is now clarified and
accordingly relieves these individuals of
what may have otherwise been
perceived as an obligation. It is
imperative that these amendments be
issued without delay so that these
individuals may have the necessary
clarity to arrange their travel plans in
accordance with the requirements of
this Amended Order.
This Amended Order is not a rule
within the meaning of the
Administrative Procedure Act (‘‘APA’’)
but rather an Order implementing the
President’s Proclamation, which itself is
not subject to the APA. Additionally,
considering the President’s
Proclamation is effective on November
8, 2021, it is imperative that CDC issue
this Amended Order without delay. If
this Amended Order qualifies as a new
rule under the APA, notice and
comment and a delay in effective date
are not required because there is good
cause to dispense with prior public
notice and comment and a delay in
effective date. See 5 U.S.C. 553(b)(B),
(d)(3).
Considering the rapid and
unpredictable developments in the
public health emergency caused by
COVID–19, it would be impracticable
and contrary to the public’s health, and
by extension the public’s interest, to
delay the issuance and effective date of
this Amended Order implementing the
President’s Proclamation. Further delay
could increase risk of transmission and
importation of additional undetected
cases of SARS–CoV–2 Delta variant or
other emerging variants through not
fully vaccinated passengers.
This Amended Order is also an
economically significant regulatory
action under Executive Order 12866 and
has therefore been reviewed by the
Office of Information and Regulatory
Affairs of the Office of Management and
Budget. Similarly, the Office of
Information and Regulatory Affairs has
determined that if this Order were a
rule, it would be a major rule under
Subtitle E of the Small Business
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Regulatory Enforcement Fairness Act of
1996 (the Congressional Review Act), 5
U.S.C. 804(2), but there would not be a
delay in its effective date as the agency
has determined that there would be
good cause to make the requirements
herein effective immediately under the
APA, 5 U.S.C. 808(2).
If any provision of this Amended
Order implementing the President’s
Proclamation, or the application of any
provision to any carriers, persons, or
circumstances, shall be held invalid, the
remainder of the provisions, or the
application of such provisions to any
carriers, persons, or circumstances other
than those to which it is held invalid,
shall remain valid and in effect.
Pursuant to 5 U.S.C. 553(b)(B), and for
the reasons stated above, I hereby
conclude that notice-and-comment
rulemaking would defeat the purpose of
this Amended Order implementing the
President’s Proclamation and endanger
the public health, and is, therefore,
impracticable and contrary to the public
interest. For the same reasons, I have
determined, consistent with 5 U.S.C.
553(d)(3), that there is good cause to
make this Amended Order
implementing the President’s
Proclamation effective without a 30-day
delay in effective date.
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Action
Accordingly, for the reasons set forth
in the Proclamation and in this Order:
1. Directions to Airlines & Other Aircraft
Operators
As directed by TSA, including
through a forthcoming Security
Directive to be issued after consultation
with CDC, and consistent with this
Order, any airline or other aircraft
operator transporting by air into the
United States individuals who are
Covered Individuals from any foreign
country, as determined and confirmed
by the airline or other aircraft operator,
will be required to:
A. Confirm that every Covered
Individual, unless excepted, prior to
boarding the aircraft, has presented
paper or digital documentation of Proof
of Being Fully Vaccinated Against
COVID–19 that includes personal
identifiers (e.g., name and date of birth)
that matches the personal identifiers on
the passenger’s passport or other travel
documents, and provides a Covered
Individual Attestation.
B. Confirm that every Covered
Individual who has not presented Proof
of Being Fully Vaccinated Against
COVID–19 prior to boarding the aircraft,
has presented documentation proving
that they are an Excepted Covered
Individual under the Proclamation and
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this Order as further explained by CDC
in Technical Instructions for this Order.
C. Confirm that every Excepted
Covered Individual who has not
presented Proof of Being Fully
Vaccinated Against COVID–19, prior to
boarding the aircraft, provides a Covered
Individual Attestation, as applicable
and as further explained in CDC
Technical Instructions to this Order,
attesting to the following:
a. Being excepted from the
requirement to present Proof of Being
Fully Vaccinated Against COVID–19 for
one of the reasons set forth in the
Proclamation and this Order;
b. having arranged to be tested with
a COVID–19 viral test 3–5 days after
arriving in the United States, unless the
Excepted Covered Individual has
documentation of having recovered
from COVID–19 in the past 90 days;
c. having arranged to self-quarantine,
even if the test result to the post-arrival
viral test is negative, unless the
Excepted Covered Individual has
documentation of having recovered
from COVID–19 in the past 90 days; and
d. having arranged to self-isolate if the
result of the post-arrival viral test is
positive or if they develop COVID–19
symptoms.
D. Confirm that every Excepted
Covered Individual who does not
present Proof of Being Fully Vaccinated
Against COVID–19, provides a Covered
Individual Attestation, as applicable
and as further explained in CDC
Technical Instructions to this Order,
attesting to the following:
a. Agreeing to be vaccinated and
having arranged to become fully
vaccinated against COVID–19 within 60
days after arriving in the United States,
or as soon thereafter as is medically
appropriate as determined by CDC, if
such person intends to stay in the
United States for more than 60 days,
unless the individual is excepted from
this requirement.
E. Not board any Covered Individual
without confirming the documentation
as set forth in A, B, C, or D of this
section.
The attestation is attached to this
order as Attachment A.17
17 CDC has provided a combined passenger
disclosure and attestation that fulfills the
requirements of CDC Orders: Requirement for Proof
of Negative COVID–19 Test Result or Recovery from
COVID–19 for All Airline Passengers Arriving into
the United States and Order Implementing
Presidential Proclamation on Advancing the Safe
Resumption of Global Travel During the COVID–19
Pandemic.
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2. Requirements for Aircraft Passengers
In addition, I order that any aircraft
passenger 18 who is a Covered
Individual under the Proclamation,
prior to boarding an aircraft traveling
from a foreign country to the United
States, shall—
A. Present to the airline or other
aircraft operator a paper or digital
documentation reflecting Proof of Being
Fully Vaccinated Against COVID–19
and provides a Covered Individual
Attestation.
OR
B. If not presenting Proof of Being
Fully Vaccinated Against COVID–19,
present to the airline or aircraft operator
documentation confirming that they are
an Excepted Covered Individual under
the Proclamation and this Order, as
applicable and as further explained by
CDC in Technical Instructions for this
Order.
C. If an Excepted Covered Individual,
accurately complete and provide the
airline or aircraft operator with a
Covered Individual Attestation, as
applicable and as further explained by
CDC in Technical Instructions for this
Order, attesting that the Excepted
Covered Individual:
a. Is excepted from the requirement to
present Proof of Being Fully Vaccinated
Against COVID–19 for one of the
reasons set forth in the Proclamation
and this Order;
b. agrees and has arranged to be tested
with a COVID–19 viral test 3–5 days
after arriving in the United States,
unless the Excepted Covered Individual
has documentation of having recovered
from COVID–19 in the past 90 days;
c. agrees and has arranged to selfquarantine, even if the test result to the
post-arrival viral test is negative, unless
the Excepted Covered Individual has
documentation of having recovered
from COVID–19 in the past 90 days; and
d. agrees and has arranged to selfisolate if the result of the post-arrival
viral test is positive or if they develop
COVID–19 symptoms.
D. If an Excepted Covered Individual,
provide the airline or aircraft operator
with a Covered Individual Attestation,
as applicable and as further explained
by CDC in Technical Instructions for
this Order, additionally attesting that
the Excepted Covered Individual:
(1) Agrees to be vaccinated and has
arranged to become fully vaccinated
against COVID–19 within 60 days after
18 A parent or other authorized individual may
present the required documentation on behalf of a
passenger under 18 years of age. An authorized
individual may act on behalf of any passenger who
is unable to act on their own behalf (e.g., by reason
of age, or physical or mental impairment).
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arriving in the United States, or as soon
thereafter as is medically appropriate as
determined by CDC, if intending to stay
in the United States for more than 60
days, unless the individual is excepted
from this requirement.
E. Retain a copy of the applicable
documentation listed in parts A, B, C,
and D of this section and produce such
documentation upon request, or as
required by, any U.S. government
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official or a cooperating state, local,
territorial, or tribal public health
authority after arrival in the United
States.
Willfully giving false or misleading
information to the government may
result in criminal penalties under, inter
alia, 18 U.S.C. 1001.
This Order shall be enforced through
the relevant provisions of law, in
coordination with other federal
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departments and agencies, including the
U.S. Department of Justice, U.S.
Department of Homeland Security, U.S.
Department of State, and U.S.
Department of Transportation.
Effective Date
This Order shall enter into effect at
12:01 a.m. EST (5:01 a.m. GMT) on
November 8, 2021.
BILLING CODE 4163–18–P
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Authority
The authority for the Presidential
Proclamation is Sections 1182(f) and
1185(a)(1) of Title 8, and Section 301 of
Title 3, United States Code. CDC’s Order
is issued pursuant to the Presidential
Proclamation.
Sherri Berger,
Chief of Staff, Centers for Disease Control
and Prevention.
[FR Doc. 2021–24385 Filed 11–3–21; 4:15 pm]
BILLING CODE 4163–18–C
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Requirement for Airlines and
Operators To Collect and Transmit
Designated Information for Passengers
and Crew Arriving Into the United
States; Requirement for Passengers
To Provide Designated Information
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Notice of agency order.
AGENCY:
The Centers for Disease
Control and Prevention (CDC), a
component of the Department of Health
and Human Services (HHS), announces
the requirement for all airlines and
operators to collect and/or maintain
passenger and crew contact information
(designated information), and for
passengers to provide such information
to airlines and operators, on flights
arriving into the United States. This
includes flights with intermediate stops
in the United States between the flight’s
foreign point of origin and the final
destination. Unless otherwise
transmitted to the U.S. Government via
established U.S. Department of
Homeland Security (DHS) data systems,
airlines and operators are required to
retain the designated information for 30
days and transmit it within 24 hours of
a request from CDC. Accurate and
complete contact information is needed
to protect the health of travelers and
U.S. communities and for the purposes
of public health follow-up.
DATES: This Order is effective beginning
12:01 a.m. Eastern Standard Time on
November 8, 2021.
FOR FURTHER INFORMATION CONTACT:
Jennifer Buigut, Division of Global
Migration and Quarantine, Centers for
Disease Control and Prevention, 1600
Clifton Road, NE, MS H16–4, Atlanta,
GA 30329. Telephone: 404–498–1600.
Email: dgmqpolicyoffice@cdc.gov.
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SUMMARY:
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SUPPLEMENTARY INFORMATION:
Background
The current coronavirus disease 2019
(COVID–19) pandemic has spread
globally. As of October 22, 2021, there
were over 242,000,000 confirmed cases
of COVID–19 globally resulting in over
4,900,000 deaths; more than 45,000,000
cases have been confirmed in the U.S.,
with new cases being reported daily,
and over 733,000 U.S. deaths due to the
disease.
In addition, genetic variants of SARS–
CoV–2, the virus that causes COVID–19,
have been emerging and circulating
around the world throughout the
pandemic. The Delta variant now makes
up over 99% of cases in the United
States and is two times as contagious as
previous variants. Some of the potential
features and consequences of emerging
variants are their ability to spread more
quickly in people, cause more severe
effects in people, evade detection by
specific viral diagnostic tests, diminish
the efficacy of therapeutic agents such
as monoclonal antibodies, and evade
natural or vaccine-induced immunity.
Preventing the importation and spread
of SARS–CoV–2 variants and other
communicable diseases of concern
requires identifying and contacting
travelers who may be infected with, or
have been exposed to, communicable
diseases.
Air travel may potentially continue
the spread of SARS–CoV–2 and its
variants as well as other communicable
diseases rapidly around the globe, as
infected people who may be sick or
incubating infection travel to other
countries from a country where a
disease is spreading. Timely public
health follow-up requires health
officials to have immediate access to
accurate and complete contact
information for passengers as they arrive
in the United States. Inaccurate or
incomplete contact information
hampers the ability of public health
authorities to protect the health of
passengers and the public. The best way
to ensure airline passengers’ contact
information is available in real time is
to collect the information before they
board a flight. CDC identified the
following information as needed for
reliable public health management of
travelers: full name, address while in
the United States, primary contact
phone number, secondary or emergency
contact phone number, email address,
date of birth, airline name, flight
number, city of departure, departure
date and time, city of arrival, arrival
date and time, and seat number.
A copy of the Order is provided below
and a copy of the signed Order and
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Technical Instructions can be found at
https://www.cdc.gov/quarantine/ordercollect-contact-info.html.
Order of the Centers for Disease Control
and Prevention, Department of Health
and Human Services
Requirement for Airlines and Operators
To Collect and Transmit Designated
Information for Passengers and Crew
Arriving Into the United States;
Requirement for Passengers To Provide
Designated Information Under 42 CFR
71.4, 71.20, 71.31, and 71.32 as
Authorized by 42 U.S.C. 264 and 268
Attention
• All airlines and operators
conducting any passenger-carrying
operations into the United States from a
foreign last point of departure.
• All passengers and crewmembers
flying into, or transiting through, the
United States from a foreign last point
of departure.
Introduction
The Director of the Centers for Disease
Control and Prevention (CDC) (Director)
is issuing this Order (Order) to require
all airlines and operators of flights
arriving into the United States from a
foreign last point of departure to collect
and/or maintain passenger and
crewmember contact information
(‘‘designated information’’). These
requirements also apply to flights with
intermediate stops in the United States
between the flight’s foreign point of
origin and the final destination.
Airlines and operators are required to
collect the five data elements from the
interim final rule (IFR) 1 published on
February 12, 2020, from passengers, to
the extent they exist, and to maintain
additional data elements outlined in 42
CFR 71.4(b) 2—to the extent that such
data are already available and
maintained by the airline. The data
elements from the IFR and the
additional data elements outlined in 42
CFR 71.4(b) make up the designated
information referred to in this Order.
The designated information consists of
full name, address while in the United
States, primary contact phone number,
secondary or emergency contact phone
number, email address, date of birth,
airline name, flight number, city of
departure, departure date and time, city
of arrival, arrival date and time, and seat
number. Airlines and operators are
1 https://www.federalregister.gov/documents/
2020/02/12/2020-02731/control-of-communicablediseases-foreign-quarantine.
2 https://www.ecfr.gov/current/title-42/chapter-I/
subchapter-F/part-71#p-71.4(b).
E:\FR\FM\05NON1.SGM
05NON1
]]>Agencies
[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Notices]
[Pages 61224-61246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24385]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Amended Order Implementing Presidential Proclamation on Advancing
the Safe Resumption of Global Travel During the COVID-19 Pandemic
AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Notice of agency amended order.
-----------------------------------------------------------------------
SUMMARY: On October 25, 2021, the President issued a Proclamation,
``Advancing the Safe Resumption of Global Travel During the COVID-19
Pandemic.'' Pursuant to this Proclamation, the President has
implemented a global suspension and restriction on entry for
noncitizens who are nonimmigrants seeking to enter the United States by
air travel and who are not fully vaccinated against COVID-19. The
Proclamation directs the Secretary of Health and Human Services (HHS),
through the Director of the Centers for Disease Control and Prevention
(CDC), to implement the Proclamation as it applies to public health. As
such, CDC announces an Amended Order implementing the Proclamation
requiring noncitizens who are nonimmigrants seeking to enter the United
States by air travel to provide proof of being fully vaccinated against
COVID-19 prior to boarding an aircraft to fly to the United States,
with only limited exceptions in accordance with the Proclamation. This
Amended Order was signed by the CDC Director on October 30, 2021, and
supersedes the previous Order signed by the CDC Director on October 25,
2021.
DATES: This Amended Order will become effective at 12:01 a.m. EST on
November 8, 2021.
FOR FURTHER INFORMATION CONTACT: Jennifer Buigut, Division of Global
Migration and Quarantine, Centers for Disease Control and Prevention,
1600 Clifton Road NE, MS H16-4, Atlanta, GA 30329. Telephone: 404-498-
1600. Email: [email protected].
SUPPLEMENTARY INFORMATION: The President implemented a global
suspension and restriction on entry for noncitizens who are
nonimmigrants seeking to enter the United States by air travel and who
are not fully vaccinated against COVID-19, with only limited
exceptions. The Proclamation does not apply to crew members of airlines
or other aircraft operators if they follow industry standard protocols
for the prevention of COVID-19.
In accordance with the Proclamation and CDC's Amended Order,
Covered Individuals (noncitizens who are nonimmigrants, excluding air
crew) seeking to enter the United States by air travel and who are not
fully vaccinated against COVID-19 may board an aircraft destined for
the United States only if they qualify as Excepted Covered Individuals.
Noncitizens who are nonimmigrants, excluding air crew, must also
provide the airline or aircraft operator with a Covered Individual
Attestation.
A copy of the Amended Order and Attestation Form is below. A copy
of these documents and Technical Instructions can be found at: https://www.cdc.gov/quarantine/order-safe-travel.html.
Centers for Disease Control and Prevention (CDC)
Department of Health and Human Services (HHS)
Amended Order Implementing Presidential Proclamation on Advancing the
Safe Resumption Of Global Travel During the Covid-19 Pandemic
SUMMARY
On October 25, 2021, the President issued a Proclamation pursuant
to Sections 1182(f) and 1185(a)(1) of Title 8, and Section 301 of Title
3, United States Code, (the ``Proclamation''), titled, ``Advancing the
Safe Resumption of Global Travel During the COVID-19 Pandemic.''
Pursuant to this Proclamation, the President has implemented a global
suspension and restriction on entry for noncitizens who are
nonimmigrants seeking to enter the United States by air travel and who
are not fully vaccinated against COVID-19. The Proclamation directs the
Secretary of Health and Human Services (HHS), through the Director of
the Centers for Disease Control and Prevention (CDC), to implement the
Proclamation as it applies to public health in accordance with
appropriate public health protocols and consistent with CDC's
independent public health judgment. This Order and accompanying
Technical Instructions implement the President's direction.
The Proclamation does not alter the obligation of persons,
including persons whose entry is not covered by the Proclamation, to
comply with the applicable requirements of CDC Orders, including:
Requirement for Proof of Negative COVID-19 Test or
Recovery from COVID-19 for All Air Passengers Arriving in the United
States (published at 86 FR 7387, January 28, 2021) (as may be further
amended);
Requirement for Persons to Wear Masks While on Conveyances
and at Transportation Hubs (published at 86 FR 8025, February 3, 2021)
(as may be further amended); and
Other CDC Orders that may be published relating to
preventing the introduction, transmission, and spread of COVID-19 into
and throughout the United States.
This Amended Order supersedes the previous Order signed by the CDC
Director on October 25, 2021, implementing the President's direction.
This Order shall enter into effect at 12:01 a.m. EST (5:01 a.m. GMT) on
November 8, 2021.
Definitions
Accepted COVID-19 Vaccine means:
A vaccine authorized for emergency use or approved by the
U.S. Food and Drug Administration; \1\ or
---------------------------------------------------------------------------
\1\ For a list of vaccines approved or authorized in the United
States to prevent COVID-19, see https://www.cdc.gov/coronavirus/2019-ncov/vaccines/different-vaccines.html
---------------------------------------------------------------------------
A vaccine listed for emergency use (EUL) by the World
Health Organization (WHO); \2\ or
---------------------------------------------------------------------------
\2\ See WHO's website for more information about WHO-listed
COVID-19 vaccines.
---------------------------------------------------------------------------
A vaccine or combination of vaccines \3\ listed by CDC in
Technical Instructions to this Order.
---------------------------------------------------------------------------
\3\ CDC has not recommended the use of heterologous (i.e.,
``mix-and-match'') primary series. However, the use of such
strategies (including mixing of mRNA, adenoviral, and mRNA plus
adenoviral products) is increasingly common in many countries
outside of the United States. Accordingly, additional vaccinations
or combinations of vaccinations may be listed in CDC's Technical
Instructions to this Order for purposes of the interpretation of
vaccination records.
---------------------------------------------------------------------------
Covered Individual means any passenger covered by the Proclamation
and this Order: A noncitizen \4\ who is a nonimmigrant seeking to enter
the United States by air travel. This term does not apply to crew
members of airlines or other aircraft operators if such crewmembers and
operators adhere to all industry standard protocols for the prevention
of COVID-19, as set forth in relevant guidance for crewmember health
issued by the CDC
[[Page 61225]]
or by the Federal Aviation Administration in coordination with the CDC.
---------------------------------------------------------------------------
\4\ For purposes of the Order, U.S. lawful permanent residents
and U.S. nationals will be treated in the same manner as U.S.
citizens.
---------------------------------------------------------------------------
Excepted Covered Individual means a Covered Individual who is not
fully vaccinated against COVID-19 and meets the criteria for an
exception under the Proclamation and this Order.
Covered Individual Attestation means the attestation in Attachment
A, \5\ in written or electronic form, that must be completed by each
Covered Individual who is permitted to enter the United States under
the Proclamation and this Order.
---------------------------------------------------------------------------
\5\ CDC encourages airlines and aircraft operators to
incorporate the attestation into paperless check-in processes. An
airline or aircraft operator may use a third party (including a
third-party application) to collect attestations, including to
provide translations. However, an airline or aircraft operator will
have sole legal responsibility to provide and collect attestations,
to ensure the accuracy of any translation, and to comply with all
other obligations under agency directives implementing the
Proclamation. An airline or aircraft operator is responsible for any
failure of a third party to comply with such directives. An airline
or aircraft operator may not shift any legal responsibility to a
third party.
---------------------------------------------------------------------------
Foreign country means anywhere that is not a state, territory, or
possession of the United States.
Foreign Country with Limited COVID-19 Vaccine Availability means a
foreign country where less than 10 percent of the country's total
population has been fully vaccinated with any available COVID-19
vaccine. These countries are listed by CDC in Technical Instructions.
Fully Vaccinated Against COVID-19 means it has been:
2 weeks (14 days) or more since a person received one dose
of an accepted single-dose-series COVID-19 vaccine; OR
2 weeks (14 days) or more since a person's second dose in
a 2-dose series of an accepted COVID-19 vaccine; OR
2 weeks (14 days) or more since a person received the full
series of an ``active'' (not placebo) COVID-19 vaccine in the U.S.-
based AstraZeneca or Novavax COVID-19 vaccine trials; OR
2 weeks (14 days) or more since the person received a
complete series of a vaccine or combination of vaccines listed by CDC
in Technical Instructions.
Not Fully Vaccinated Against COVID-19 means a person does not meet
the definition of Fully Vaccinated Against COVID-19.
Proof of Being Fully Vaccinated Against COVID-19 means a paper or
digital format of a vaccination record or a verifiable vaccination
record, as listed by CDC in Technical Instructions, confirming that the
person is Fully Vaccinated Against COVID-19.
Self-isolation means, for purposes of this Order, actions taken by
an Excepted Covered Individual who tests positive on a viral test for
COVID-19 administered on a specimen collected 3-5 days after arriving
in the United States or develops COVID-19 symptoms. These actions
include:
separating from other individuals, staying in a home or
other residence for at least 10 days after symptom onset and after
resolution of fever for at least 24 hours and improvement of other
symptoms; or
separating from other individuals, staying in a home or
other residence for 10 days after the first positive test if
asymptomatic;
AND
observing other public health precautions as set forth in
CDC guidance.\6\
---------------------------------------------------------------------------
\6\ Quarantine and Isolation, available at https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html.
---------------------------------------------------------------------------
Self-quarantine means, for purposes of this Order, actions taken by
an Excepted Covered Individual to separate from other individuals after
arriving in the United States, including staying in a home or other
residence for a full 7 days and observing public health precautions as
set forth in CDC guidance.\7\
---------------------------------------------------------------------------
\7\ Ibid.
---------------------------------------------------------------------------
Viral test means a viral detection test for current infection
(i.e., a nucleic acid amplification test [NAAT] or a viral antigen
test) approved or authorized by the U.S. Food and Drug Administration
for the detection of SARS-CoV-2.
United States or U.S. has the same definition as ``United States''
in 42 CFR 71.1(b), meaning ``the 50 States, District of Columbia, and
the territories (also known as possessions) of the United States,
including American Samoa, Guam, the Northern Mariana Islands, the
Commonwealth of Puerto Rico, and the U.S. Virgin Islands.''
Background
Since January 2020, the respiratory disease known as ``COVID-19,''
caused by a novel coronavirus (SARS-CoV-2), has spread globally,
including cases reported in all 50 states within the United States,
plus the District of Columbia and all U.S. territories. As of October
22, 2021, there have been over 242,000,000 million cases of COVID-19
globally, resulting in over 4,900,000 deaths.\8\ More than 45,000,000
cases have been identified in the United States, with new cases
reported daily, and over 733,000 deaths attributed to the disease.\9\ A
renewed surge in cases in the United States began in early July 2021;
daily case counts rose from 19,000 cases on July 1, 2021 to 159,000
cases on September 1, 2021. While cases are currently decreasing in the
United States, during the entirety of this pandemic, cases have tended
to surge in waves, including after high-volume travel periods, with
four waves as of October 2021.\18\ Therefore, additional surges of
cases and deaths are very possible.
---------------------------------------------------------------------------
\8\ COVID-19 Map--Johns Hopkins Coronavirus Resource Center
(jhu.edu).
\9\ CDC COVID Data Tracker.
---------------------------------------------------------------------------
The United States is taking a multi-layered approach to combatting
COVID-19, concurrently preventing and slowing the continued
introduction of cases and further spread of the virus within U.S.
communities. Vaccination is the most important measure for reducing
risk for SARS-CoV-2 transmission and in avoiding severe illness,
hospitalization, and death. Studies so far show that vaccinated people
are five times less likely to be infected and more than 10 times less
likely to experience hospitalization or death than people who are not
fully vaccinated against COVID-19.\10\
---------------------------------------------------------------------------
\10\ The Possibility of COVID-19 after Vaccination: Breakthrough
Infections, https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/why-measure-effectiveness/breakthrough-cases.html.
---------------------------------------------------------------------------
On October 25, 2021, the President issued a Proclamation under 3
U.S.C. 301 and 8 U.S.C. 1182(f), 1185(a)(1), titled, ``Advancing the
Safe Resumption of Global Travel During the COVID-19 Pandemic.'' The
Proclamation revokes prior, country-specific presidential proclamations
issued under these authorities in response to the outbreak of COVID-19.
In their place, the President has implemented a global suspension and
restriction on entry for noncitizens who are nonimmigrants seeking to
enter the United States by air travel and who are not fully vaccinated
against COVID-19, with only limited exceptions. This Amended Order and
accompanying technical instructions implement the President's
Proclamation. As further explained in this Amended Order, CDC will be
implementing the Proclamation, among other ways, through a requirement
that certain Excepted Covered Individuals who are unable to present
Proof of Being Fully Vaccinated Against COVID-19 instead present a
Covered Individual Attestation to the airline or aircraft operator
prior to boarding the aircraft.
[[Page 61226]]
Persons Whose Entry Is Not Covered by the Proclamation or Who are
Eligible for an Exception to the Requirement To Present Proof of Being
Fully Vaccinated Against COVID-19
The Proclamation applies only to non-U.S. citizens seeking entry as
nonimmigrants. Individuals seeking entry to the United States as
immigrants are subject to the medical examination and vaccination
requirements of 8 U.S.C. 1182(a)(1)(A) and 42 CFR part 34. These
requirements are further described in CDC's COVID-19 Technical
Instructions for Panel Physicians.\11\
---------------------------------------------------------------------------
\11\ https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/covid-19-technical-instructions.html.
---------------------------------------------------------------------------
The Proclamation does not apply to crew members of airlines or
other aircraft operators if they follow industry standard protocols for
the prevention of COVID-19.\12\ Accordingly, per the terms of the
Proclamation, these individuals are not Covered Individuals and are not
required to present Proof of Being Fully Vaccinated nor required to
present a completed Covered Individual Attestation to the airline or
aircraft operator before boarding an aircraft destined to the United
States.
---------------------------------------------------------------------------
\12\ Crew members on official duty assigned by the airline or
operator that involves operation of aircraft, or the positioning of
crew not operating the aircraft (i.e., on ``deadhead'' status), are
exempt from the requirements of the Order provided their assignment
is under an air carrier's or operator's occupational health and
safety program that follows applicable industry standard protocols
for the prevention of COVID-19 as set forth in relevant Safety
Alerts for Operators (SAFOs) issued by the Federal Aviation
Administration (FAA), i.e., SAFO 20009, COVID-19: Updated Interim
Occupational Health and Safety Guidance for Air Carriers and Crews,
available at https://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/safo/all_safos/media/2020/SAFO20009.pdf. CDC will provide further information in Technical
Instructions.
---------------------------------------------------------------------------
The Proclamation permits Excepted Covered Individuals to enter the
United States by air if they meet certain criteria as determined by the
CDC. Except where otherwise indicated, these Excepted Covered
Individuals will be required to present a Covered Individual
Attestation to the airline or aircraft operator before boarding an
aircraft destined to the United States. These categories include:
Diplomatic and Official Foreign Government Travel. The Proclamation
excepts any noncitizen seeking entry into or transiting the United
States for certain diplomatic or official foreign government
activities. This includes:
Noncitizens traveling 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 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); or
Any noncitizen whose travel falls within the scope of
section 11 of the United Nations Headquarters Agreement or other travel
pursuant to a United States legal obligation (as evidenced by a letter
of invitation from the United Nations or other documentation showing
the purpose of such travel). Such an individual will need to present an
official letter, such as a letter from the U.S. government or foreign
government to the airline or aircraft operator. If invited by the
United Nations, such an individual will need to present to the airline
or aircraft operator a letter of invitation from the United Nations or
other documentation showing the purpose of such travel.
These persons will be required to provide the Covered Individual
Attestation to the airline or aircraft operator before boarding an
aircraft destined to the United States. Such individuals must also
attest to agreeing and arranging to be vaccinated within 60 days of
arriving in the United States, or as soon thereafter as is medically
appropriate as determined by CDC, if they intend to stay in the United
States for more than 60 days and have received no vaccine series. If
such an individual has previously received a COVID-19 vaccine that is
authorized or approved by the noncitizen's country of nationality but
is not an Accepted COVID-19 Vaccine, then the individual will not need
to agree or arrange to be vaccinated in the United States. In addition,
if the CDC Director, in consultation with the Secretary of State,
determines that the individual cannot complete the requirements of the
Covered Individual Attestation consistent with the purposes of their
official foreign government activities, then the individual is not
required to attest to agreeing and arranging to complete the
requirements of the Covered Individual Attestation.
Children. The Proclamation excepts noncitizens who are
nonimmigrants for whom, given their age, requiring vaccination would be
inappropriate, as determined by the CDC, taking into account global
vaccine availability for individuals in that age group. In the United
States, COVID-19 vaccinations are widely available for adolescents,
with a vaccine approved for those 16 years and older and authorized for
those 12 to 15 years of age. However, the same availability does not
exist globally. Accordingly, considering the difficulty potentially
posed to families traveling together when some members of the family
can be vaccinated and others cannot, persons under the age of 18 years
meet the age-based exception in the Proclamation.
Noncitizens who are nonimmigrants and who are under the age of 18
years and unable to present Proof of Being Fully Vaccinated Against
COVID-19 must present a completed Covered Individual Attestation to the
airline or aircraft operator prior to embarking an aircraft destined to
the United States. However, as part of this attestation, children under
the age of 18 will not be required to attest (or have a parent or
guardian attest on their behalf) to having arranged to self-quarantine
in the United States after arrival. Based on the potential difficulty
that self-quarantine may pose to children under 18 years of age
especially when accompanied by a vaccinated parent or guardian who is
not required to self-quarantine, CDC has determined that self-
quarantine should not be required. Nevertheless, children under 18
years of age will be required to attest (or have a parent or guardian
attest on their behalf) to arranging to be tested for COVID-19 3-5 days
after arrival and to self-isolate if the test result should be positive
or if the child develops COVID-19 symptoms. CDC believes that this
approach fairly balances the interests of families traveling to the
United States with protecting the public's health. CDC guidance
strongly recommends vaccination for all eligible children under 18.
However, given the still evolving circumstances of vaccination for
children, attestation regarding post-arrival vaccination will also not
be required for children under 18 at this time. This determination will
be periodically reevaluated.
Clinical Trials. The Proclamation excepts noncitizens who are
nonimmigrants and who have participated or are participating in certain
clinical trials for COVID-19 vaccination, as determined by the CDC.
Qualifying vaccine candidates will be specified in CDC's Technical
Instructions to this Order. Because these clinical trial participants
may have taken a COVID-19 vaccine or series of COVID-19 vaccines that
do not meet the definition of an Accepted COVID-19 Vaccine, these
participants may not be able to present Proof of Being Fully Vaccinated
Against COVID-19. Accordingly, noncitizens who are nonimmigrants and
who have participated or are participating in certain COVID-19 vaccine
trials and unable to present Proof of Being Fully Vaccinated Against
COVID-19 must
[[Page 61227]]
present a completed Covered Individual Attestation to the airline or
aircraft operator prior to embarking an aircraft destined to the United
States. However, CDC has determined that these individuals should not
be required to attest to agreeing and arranging to self-quarantine or
to be vaccinated after arriving in the United States. Requiring self-
quarantine after arrival could potentially discourage clinical trial
participants which would not serve the interests of public health and
requiring vaccination could potentially invalidate the clinical trial
study. Nevertheless, these individuals will be required to attest to
arranging to be tested for COVID-19 3-5 days after arrival and to self-
isolate if the test result should be positive or if they develop COVID-
19 symptoms.
Medical Contraindications. The Proclamation excepts noncitizens who
are nonimmigrants for whom receiving an accepted COVID-19 vaccine is
medically contraindicated as determined by a licensed physician.\13\
Accordingly, individuals with medical contraindications to an accepted
COVID-19 vaccine (e.g., a demonstrated anaphylactic reaction to a prior
dose of a COVID-19 vaccine or vaccine component), as further described
in CDC's Technical Instructions to this Order, are not required to
present Proof of Being Fully Vaccinated Against COVID-19. COVID-19
vaccinations have been overwhelmingly proven to be safe and effective
at preventing severe illness, hospitalizations, and deaths from COVID-
19. However, as is the case with any vaccine, certain medical
complications can occur, such as a severe allergic reaction. CDC
intends for this exception to be applied in strict accordance with
scientific evidence and will provide additional details concerning
exceptions for medical contraindications in CDC's Technical
Instructions to this Order. Persons granted an exception based on
medical contraindications will be required to present a Covered
Individual Attestation to the airline or aircraft operator prior to
embarking an aircraft destined to the United States but are not
required to attest to agreeing and arranging to be vaccinated after
arriving in the United States.
---------------------------------------------------------------------------
\13\ Objections to vaccination based on religious or moral
convictions do not qualify under this or any other exception listed
in the Proclamation or this Order.
---------------------------------------------------------------------------
Humanitarian and Emergency Exceptions. The Proclamation excepts any
noncitizen nonimmigrant who has been granted an exception by the CDC
for humanitarian or emergency reasons, as determined by the CDC. CDC
will apply this exception extremely narrowly, such as when an
individual must travel to the United States to preserve health and
safety (e.g., emergency medical evacuations) and is unable to complete
the vaccination requirement before travel. Individuals and
organizations sponsoring individuals who fit the exception criteria
should contact the U.S. embassy or consulate in or nearest the country
from which they are departing for the United States. The embassy will
then transmit this information to the CDC for consideration. Any
noncitizen who is a nonimmigrant granted an exception for humanitarian
or emergency reasons must present an official U.S. government letter
and a completed Covered Individual Attestation to the airline or
aircraft operator prior to embarking an aircraft destined to the United
States. Such individual must also attest to agreeing and arranging to
be vaccinated within 60 days of arriving in the United States, or as
soon thereafter as is medically appropriate as determined by CDC, if
they intend to stay in the United States for more than 60 days.
Limited Vaccine Availability. The Proclamation excepts any
noncitizen who is a nonimmigrant with a nonimmigrant visa (excluding a
B-1 or B-2 visa) and who is a citizen of a Foreign Country with Limited
COVID-19 Vaccine Availability, which is defined pursuant to the
Proclamation and this Order as a foreign country where less than 10
percent of the country's total population has been fully vaccinated
with any available COVID-19 vaccine or is otherwise determined by the
Director of the CDC to qualify as a country where the availability of
COVID-19 vaccination is limited. The list of countries falling below
the 10 percent threshold will be maintained by CDC in Technical
Instructions to this Order and will be reviewed on a regular basis. In
developing and maintaining this list, CDC will rely on official source
data as reported by foreign ministries of health but may also rely on
other sources such as additional information provided by U.S. embassies
and consulates. Currently, 50 countries report having less than 10
percent of their populations fully vaccinated against COVID-19.\14\
---------------------------------------------------------------------------
\14\ CDC COVID Data Tracker: Global COVID-19 Vaccination.
---------------------------------------------------------------------------
Individuals entering the United States under this exception must
present a completed Covered Individual Attestation to the airline or
aircraft operator prior to embarking an aircraft destined to the United
States. Additionally, these individuals must attest to agreeing and
arranging to be vaccinated within 60 days of arriving in the United
States, or as soon thereafter as is medically appropriate as determined
by CDC, if they intend to stay in the United States for more than 60
days.
Members of the U.S. Armed Forces. The Proclamation excepts
noncitizens who are members of the U.S. Armed Forces and spouses or
children of members of the U.S. Armed Forces. CDC intends to apply this
exception in a similar manner as in the CDC Order, ``Requirement for
Proof of Negative COVID-19 Test or Recovery from COVID-19 for All Air
Passengers Arriving in the United States.'' U.S. Armed Forces observe
U.S. Department of Defense guidance to prevent the transmission of
COVID-19 as set forth in Force Protection Guidance Supplement 20--
Department of Defense Guidance for Personnel Traveling During the
Coronavirus Disease 2019 Pandemic (April 12, 2021). Accordingly,
members of the U.S. Armed Forces, and their spouses and children, if
traveling with a U.S. military identification document or other proof
of status as a member or spouse or child (under 18 years of age) of a
member of the U.S. Armed Forces, must attest to their status on the
Covered Individual Attestation, but will not be required to attest to
agreeing and arranging to complete the requirements of the Covered
Individual Attestation.
Sea Crew Members. The Proclamation excepts 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.\15\ Any passenger granted
an exception as a Sea Crew Member must present documentation to the
airline from their employer indicating that their entry to the United
States is required for the purpose of operating a vessel that will
depart from a U.S. seaport. Individuals entering the United States
under this exception must present a completed Covered Individual
Attestation to the airline or aircraft
[[Page 61228]]
operator prior to embarking an aircraft destined to the United States.
Additionally, these individuals must attest to agreeing and arranging
to be vaccinated within 60 days of arriving in the United States, or as
soon thereafter as is medically appropriate as determined by CDC, if
they intend to stay in the United States for more than 60 days.
---------------------------------------------------------------------------
\15\ See CDC's Technical Instructions for this Order for
additional information regarding post-arrival public health
management of sea crew. Relevant CDC guidance pertaining to sea crew
members serving on board cruise ships has been issued as part of the
Temporary Extension and Modification of the Conditional Sail Order
(available at https://www.cdc.gov/quarantine/cruise/covid19-cruiseships.html). Additional guidance applicable to crew serving
onboard all vessels is available at https://www.cdc.gov/quarantine/maritime/recommendations-for-ships.html.
---------------------------------------------------------------------------
National Interest Exception. The Proclamation excepts any
noncitizen or group of noncitizens whose entry is in the U.S. national
interest, as determined by the Secretary of State, the Secretary of
Transportation, or the Secretary of Homeland Security, or their
designees. Any Excepted Covered Individual granted an exception in the
national interest must present an official U.S. government letter and a
completed Covered Individual Attestation to the airline or aircraft
operator prior to embarking an aircraft destined to the United States.
Such an individual must also attest to agreeing and arranging to be
vaccinated within 60 days of arriving in the United States, or as soon
thereafter as is medically appropriate, if they intend to stay in the
United States for more than 60 days.
Requirement To Provide an Covered Individual Attestation for an
Excepted Covered Individual Who Is Unable To Present Proof of Being
Fully Vaccinated
Covered Individuals seeking to enter the United States by air
travel and who are not Fully Vaccinated Against COVID-19 may embark an
aircraft destined for the United States only if they qualify as
Excepted Covered Individuals pursuant to the Proclamation. Under the
Proclamation, such individuals must agree that they will comply with
applicable public health precautions established by CDC to protect
against the public health risk posed by these travelers entering into
the United States. These include:
Providing proof in the form of an attestation of pre-
departure testing for COVID-19, as determined by the CDC;
taking precautions during air travel to protect against
the further introduction, transmission, and spread of COVID-19,
including by complying with the requirement to wear a face mask, as
determined by the CDC;
providing proof in the form of an attestation of having
arranged for post-arrival testing for COVID-19, as determined by the
CDC; and
providing proof in the form of an attestation of having
arranged to self-quarantine or self-isolate after arriving in the
United States, as determined by the CDC.
Some categories of Excepted Covered Individuals (subject to certain
exceptions) must agree to become fully vaccinated against COVID-19
within 60 days \16\ of arriving in the United States if the individual
intends to stay in the United States for more than 60 days, or as soon
thereafter as is medically appropriate as determined by the CDC, and
must provide proof in the form of an attestation of having agreed and
arranged to become fully vaccinated against COVID-19 after arriving in
the United States.
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\16\ CDC concurs that 60 days is the appropriate time frame for
requiring that persons arriving in the United States be fully
vaccinated against COVID-19. The mRNA COVID-19 vaccines (Pfizer-
BioNTech and Moderna) available in the United States are
administered 3-4 weeks apart (see https://www.cdc.gov/coronavirus/2019-ncov/vaccines/different-vaccines.html). It takes 14 days after
the 2nd dose to be considered fully vaccinated. Therefore, it is
reasonable to conclude that individuals should be able to complete
the vaccination series and the 14-day period within 60 days of
arriving in the United States.
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The Proclamation directs the HHS Secretary, acting through the CDC
Director, to implement the Proclamation as it applies to public health
consistent with CDC's independent public health judgment. In accordance
with the President's direction, this Amended Order requires that, to
travel to the United States by air travel, an Excepted Covered
Individual who is unable to present Proof of Being Fully Vaccinated
Against COVID-19 must present a Covered Individual Attestation to the
airline or aircraft operator prior to embarking the aircraft.
The Covered Individual Attestation must be completed, in written or
electronic form, by the Excepted Covered Individual and is subject to
18 U.S.C. 1001. As further explained in the attached Attestation form
(Attachment A), persons who knowingly submit false information may be
subject to fines, imprisonment, and other penalties. Airlines or other
aircraft operators, as directed by the Transportation Security
Administration (TSA), including through a forthcoming Security
Directive to be issued after consultation with CDC, and consistent with
this Amended Order, will be required to retain a copy of the Covered
Individual Attestation for 2 years; however, individuals are not
required to retain a copy of the attestation in their possession upon
arriving in the United States.
Future CDC orders implementing the Proclamation may require other
public health measures consistent with the Proclamation to protect
against the further introduction, transmission, and spread of COVID-19
into the United States by Covered Individuals.
This Amended Order clarifies certain ambiguity that existed at the
time of the issuance of the Order on October 25, 2021, regarding the
requirement for post-arrival quarantine for children under 18 years of
age and participants in certain COVID-19 clinical trials. This Amended
Order clarifies that such individuals are not required to attest to
having to agree and arrange to self-quarantine after arriving in the
United States. Therefore, to the extent that this ambiguity would have
caused these individuals to self-quarantine, this ambiguity is now
clarified and accordingly relieves these individuals of what may have
otherwise been perceived as an obligation. It is imperative that these
amendments be issued without delay so that these individuals may have
the necessary clarity to arrange their travel plans in accordance with
the requirements of this Amended Order.
This Amended Order is not a rule within the meaning of the
Administrative Procedure Act (``APA'') but rather an Order implementing
the President's Proclamation, which itself is not subject to the APA.
Additionally, considering the President's Proclamation is effective on
November 8, 2021, it is imperative that CDC issue this Amended Order
without delay. If this Amended Order qualifies as a new rule under the
APA, notice and comment and a delay in effective date are not required
because there is good cause to dispense with prior public notice and
comment and a delay in effective date. See 5 U.S.C. 553(b)(B), (d)(3).
Considering the rapid and unpredictable developments in the public
health emergency caused by COVID-19, it would be impracticable and
contrary to the public's health, and by extension the public's
interest, to delay the issuance and effective date of this Amended
Order implementing the President's Proclamation. Further delay could
increase risk of transmission and importation of additional undetected
cases of SARS-CoV-2 Delta variant or other emerging variants through
not fully vaccinated passengers.
This Amended Order is also an economically significant regulatory
action under Executive Order 12866 and has therefore been reviewed by
the Office of Information and Regulatory Affairs of the Office of
Management and Budget. Similarly, the Office of Information and
Regulatory Affairs has determined that if this Order were a rule, it
would be a major rule under Subtitle E of the Small Business
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Regulatory Enforcement Fairness Act of 1996 (the Congressional Review
Act), 5 U.S.C. 804(2), but there would not be a delay in its effective
date as the agency has determined that there would be good cause to
make the requirements herein effective immediately under the APA, 5
U.S.C. 808(2).
If any provision of this Amended Order implementing the President's
Proclamation, or the application of any provision to any carriers,
persons, or circumstances, shall be held invalid, the remainder of the
provisions, or the application of such provisions to any carriers,
persons, or circumstances other than those to which it is held invalid,
shall remain valid and in effect.
Pursuant to 5 U.S.C. 553(b)(B), and for the reasons stated above, I
hereby conclude that notice-and-comment rulemaking would defeat the
purpose of this Amended Order implementing the President's Proclamation
and endanger the public health, and is, therefore, impracticable and
contrary to the public interest. For the same reasons, I have
determined, consistent with 5 U.S.C. 553(d)(3), that there is good
cause to make this Amended Order implementing the President's
Proclamation effective without a 30-day delay in effective date.
Action
Accordingly, for the reasons set forth in the Proclamation and in
this Order:
1. Directions to Airlines & Other Aircraft Operators
As directed by TSA, including through a forthcoming Security
Directive to be issued after consultation with CDC, and consistent with
this Order, any airline or other aircraft operator transporting by air
into the United States individuals who are Covered Individuals from any
foreign country, as determined and confirmed by the airline or other
aircraft operator, will be required to:
A. Confirm that every Covered Individual, unless excepted, prior to
boarding the aircraft, has presented paper or digital documentation of
Proof of Being Fully Vaccinated Against COVID-19 that includes personal
identifiers (e.g., name and date of birth) that matches the personal
identifiers on the passenger's passport or other travel documents, and
provides a Covered Individual Attestation.
B. Confirm that every Covered Individual who has not presented
Proof of Being Fully Vaccinated Against COVID-19 prior to boarding the
aircraft, has presented documentation proving that they are an Excepted
Covered Individual under the Proclamation and this Order as further
explained by CDC in Technical Instructions for this Order.
C. Confirm that every Excepted Covered Individual who has not
presented Proof of Being Fully Vaccinated Against COVID-19, prior to
boarding the aircraft, provides a Covered Individual Attestation, as
applicable and as further explained in CDC Technical Instructions to
this Order, attesting to the following:
a. Being excepted from the requirement to present Proof of Being
Fully Vaccinated Against COVID-19 for one of the reasons set forth in
the Proclamation and this Order;
b. having arranged to be tested with a COVID-19 viral test 3-5 days
after arriving in the United States, unless the Excepted Covered
Individual has documentation of having recovered from COVID-19 in the
past 90 days;
c. having arranged to self-quarantine, even if the test result to
the post-arrival viral test is negative, unless the Excepted Covered
Individual has documentation of having recovered from COVID-19 in the
past 90 days; and
d. having arranged to self-isolate if the result of the post-
arrival viral test is positive or if they develop COVID-19 symptoms.
D. Confirm that every Excepted Covered Individual who does not
present Proof of Being Fully Vaccinated Against COVID-19, provides a
Covered Individual Attestation, as applicable and as further explained
in CDC Technical Instructions to this Order, attesting to the
following:
a. Agreeing to be vaccinated and having arranged to become fully
vaccinated against COVID-19 within 60 days after arriving in the United
States, or as soon thereafter as is medically appropriate as determined
by CDC, if such person intends to stay in the United States for more
than 60 days, unless the individual is excepted from this requirement.
E. Not board any Covered Individual without confirming the
documentation as set forth in A, B, C, or D of this section.
The attestation is attached to this order as Attachment A.\17\
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\17\ CDC has provided a combined passenger disclosure and
attestation that fulfills the requirements of CDC Orders:
Requirement for Proof of Negative COVID-19 Test Result or Recovery
from COVID-19 for All Airline Passengers Arriving into the United
States and Order Implementing Presidential Proclamation on Advancing
the Safe Resumption of Global Travel During the COVID-19 Pandemic.
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2. Requirements for Aircraft Passengers
In addition, I order that any aircraft passenger \18\ who is a
Covered Individual under the Proclamation, prior to boarding an
aircraft traveling from a foreign country to the United States, shall--
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\18\ A parent or other authorized individual may present the
required documentation on behalf of a passenger under 18 years of
age. An authorized individual may act on behalf of any passenger who
is unable to act on their own behalf (e.g., by reason of age, or
physical or mental impairment).
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A. Present to the airline or other aircraft operator a paper or
digital documentation reflecting Proof of Being Fully Vaccinated
Against COVID-19 and provides a Covered Individual Attestation.
OR
B. If not presenting Proof of Being Fully Vaccinated Against COVID-
19, present to the airline or aircraft operator documentation
confirming that they are an Excepted Covered Individual under the
Proclamation and this Order, as applicable and as further explained by
CDC in Technical Instructions for this Order.
C. If an Excepted Covered Individual, accurately complete and
provide the airline or aircraft operator with a Covered Individual
Attestation, as applicable and as further explained by CDC in Technical
Instructions for this Order, attesting that the Excepted Covered
Individual:
a. Is excepted from the requirement to present Proof of Being Fully
Vaccinated Against COVID-19 for one of the reasons set forth in the
Proclamation and this Order;
b. agrees and has arranged to be tested with a COVID-19 viral test
3-5 days after arriving in the United States, unless the Excepted
Covered Individual has documentation of having recovered from COVID-19
in the past 90 days;
c. agrees and has arranged to self-quarantine, even if the test
result to the post-arrival viral test is negative, unless the Excepted
Covered Individual has documentation of having recovered from COVID-19
in the past 90 days; and
d. agrees and has arranged to self-isolate if the result of the
post-arrival viral test is positive or if they develop COVID-19
symptoms.
D. If an Excepted Covered Individual, provide the airline or
aircraft operator with a Covered Individual Attestation, as applicable
and as further explained by CDC in Technical Instructions for this
Order, additionally attesting that the Excepted Covered Individual:
(1) Agrees to be vaccinated and has arranged to become fully
vaccinated against COVID-19 within 60 days after
[[Page 61230]]
arriving in the United States, or as soon thereafter as is medically
appropriate as determined by CDC, if intending to stay in the United
States for more than 60 days, unless the individual is excepted from
this requirement.
E. Retain a copy of the applicable documentation listed in parts A,
B, C, and D of this section and produce such documentation upon
request, or as required by, any U.S. government official or a
cooperating state, local, territorial, or tribal public health
authority after arrival in the United States.
Willfully giving false or misleading information to the government
may result in criminal penalties under, inter alia, 18 U.S.C. 1001.
This Order shall be enforced through the relevant provisions of
law, in coordination with other federal departments and agencies,
including the U.S. Department of Justice, U.S. Department of Homeland
Security, U.S. Department of State, and U.S. Department of
Transportation.
Effective Date
This Order shall enter into effect at 12:01 a.m. EST (5:01 a.m.
GMT) on November 8, 2021.
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Authority
The authority for the Presidential Proclamation is Sections 1182(f)
and 1185(a)(1) of Title 8, and Section 301 of Title 3, United States
Code. CDC's Order is issued pursuant to the Presidential Proclamation.
Sherri Berger,
Chief of Staff, Centers for Disease Control and Prevention.
[FR Doc. 2021-24385 Filed 11-3-21; 4:15 pm]
BILLING CODE 4163-18-C
