Proc 10294ProclamationBiden · D

Proclamation 10294

Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic

This proclamation revokes country-specific COVID-19 travel bans and replaces them with a vaccination-based system for international air travelers. Beginning November 8, 2021, most noncitizen nonimmigrants traveling to the United States by air must be fully vaccinated against COVID-19, with limited exceptions subject to CDC-determined testing, masking, quarantine, and vaccination requirements.

Impact dates

  1. Monthly HHS Secretary recommendations thereafter

  2. Unvaccinated excepted travelers must become fully vaccinated

  3. HHS Secretary first recommendation to President on continuation/modification/termination

  4. Proclamation effective date for vaccination requirements

Key directives

  • Revoke country-specific COVID-19 travel restrictions (Proclamations 9984, 9992, 10143, 10199)
  • Suspend and limit entry of unvaccinated noncitizen nonimmigrants arriving by air, with exceptions
  • Require unvaccinated excepted travelers to agree to become fully vaccinated within 60 days of arrival or other CDC-determined timeframe
  • CDC Director to define accepted vaccines, full vaccination status, and proof methods
  • CDC Director to maintain list of countries with limited vaccine availability (<10% fully vaccinated)
  • HHS Secretary to recommend continuation/modification/termination within 60 days and monthly thereafter
  • Secretary of Transportation and Secretary of Homeland Security to ensure airlines enforce boarding restrictions
  • Secretary of State, Secretary of Transportation, and Secretary of Homeland Security to review and consider revising/revoking agency actions from prior proclamations

Who is ordered

Timeline

Immediate

  • Revocation of Proclamations 9984, 9992, 10143, and 10199 (country-specific travel bans)

Near term (90d)

  • Effective date: November 8, 2021 at 12:01 a.m. EST for vaccination requirements
  • First HHS Secretary recommendation to President due by December 24, 2021 (within 60 days of signing)
  • Unvaccinated excepted travelers must become fully vaccinated within 60 days of arrival

Long term

  • Monthly HHS Secretary recommendations on continuation, modification, or termination
  • Potential revision or revocation of agency actions developed under prior proclamations

Risks & tensions

  • Vague 'as determined by the Director of the CDC' language delegates substantial discretionary authority without procedural constraints
  • Exception for 'national interest' determinations by multiple cabinet secretaries creates potential for inconsistent application
  • Monthly review requirement may generate policy uncertainty for travelers and airlines
  • Vaccination requirement for noncitizen immigrants referenced as handled 'apart from this proclamation'—scope of that parallel policy unclear from text
  • Definition of 'fully vaccinated' left to CDC Director, creating potential for future changes without further presidential action
Proclamation 10294: Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic · Executive Orders