Notice2022-07450
Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 7, 2022
Issuing agencies
Health and Human Services DepartmentCenters for Disease Control and Prevention
Abstract
The Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS), has amended its Order issued October 20, 2021, to align with revised CDC guidance published on January 4, 2022, related to isolation and quarantine after travel.
Full Text
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<title>Federal Register, Volume 87 Issue 67 (Thursday, April 7, 2022)</title>
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[Federal Register Volume 87, Number 67 (Thursday, April 7, 2022)]
[Notices]
[Pages 20405-20416]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07450]
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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.
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SUMMARY: The Centers for Disease Control and Prevention (CDC), located
within the Department of Health and Human Services (HHS), has amended
its Order issued October 20, 2021, to align with revised CDC guidance
published on January 4, 2022, related to isolation and quarantine after
travel.
DATES: This Amended Order will be implemented at 12:01 a.m. EDT on
April 14, 2022.
FOR FURTHER INFORMATION CONTACT: Candice Swartwood, Division of Global
Migration and Quarantine, Centers for Disease Control and Prevention,
1600 Clifton Road NE, MS H24-8, Atlanta, GA 30329; Telephone: 404-498-
1600; Email: <a href="/cdn-cgi/l/email-protection#e682818b9796898a8f859f8980808f8583a6858285c8818990"><span class="__cf_email__" data-cfemail="2347444e52534c4f4a405a4c45454a4046634047400d444c55">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: 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
[[Page 20406]]
implemented a global suspension and limitation 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 HHS, through the CDC Director, 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. 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 this notice, CDC announces an Amended Order that revises some of
the post-arrival requirements for certain people eligible for an
exception to the vaccination requirement to travel to the United
States. The Amended Order reduces the number of days for such persons
to self-quarantine after international travel from seven days to five
days. The number of days for isolation for those who are diagnosed with
COVID-19 or have COVID-19 symptoms is also reduced from 10 days to five
days. This Amended Order additionally clarifies language already on the
Attestation Form that children under two years of age do not need to
complete (or have a parent or guardian complete on their behalf) the
attestation.
A copy of the Amended Order and Attestation Form is below. A copy
of these documents can be found at: <a href="https://www.cdc.gov/quarantine/order-safe-travel.html">https://www.cdc.gov/quarantine/order-safe-travel.html</a>.
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 limitation 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.
The Proclamation does not alter the obligation of persons,
including persons whose entry is not covered by the Proclamation, to
comply with the requirements of state, local, territorial, or Tribal
authorities, or the applicable requirements of CDC Orders, including:
<bullet> Requirement for Negative Pre-Departure COVID-19 Test
Result or Documentation of Recovery from COVID-19 for All Airline or
Other Aircraft Passengers Arriving in the United States from any
Foreign Country (published at 86 FR 7387, January 28, 2021; amended and
republished at 86 FR 69256, December 7, 2021) (as may be further
amended);
<bullet> 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
<bullet> 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 further amends the previous Order signed by the
CDC Director on October 30, 2021, to align with revised CDC guidance
related to isolation and quarantine after travel that was published on
January 4, 2022. The new guidance reduces the number of days
recommended for a person to self-quarantine after travel from 7 days to
5 days. The new guidance also reduces the number of days recommended
for isolation for people who are diagnosed with COVID-19 or have COVID-
19 symptoms from 10 days to 5 days. This Amended Order also clarifies
language already on the attestation form that children under 2 years of
age do not need to complete (or have a parent or guardian complete on
their behalf) the attestation. The Amended Order also revises what is
required for some people eligible for an exception to the vaccination
requirement and what public health actions, such as self-quarantine or
testing, may be required for such eligible people after arriving in the
United States. This Amended Order shall enter into effect at 12:01 a.m.
EDT on April 14, 2022.
Definitions
For purposes of this Amended Order, the following definitions
apply:
Accepted COVID-19 Vaccine means:
<bullet> A vaccine authorized for emergency use or approved by the
U.S. Food and Drug Administration (FDA); \1\ or
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\1\ For a list of vaccines approved or authorized in the United
States to prevent COVID-19, see <a href="https://www.cdc.gov/coronavirus/2019-ncov/vaccines/different-vaccines.html">https://www.cdc.gov/coronavirus/2019-ncov/vaccines/different-vaccines.html</a>.
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<bullet> A vaccine listed for emergency use (EUL) by the World
Health Organization (WHO); \2\ or
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\2\ For more information about WHO-listed COVID-19 vaccines, see
<a href="https://www.who.int/emergencies/diseases/novel-coronavirus-2019/question-and-answers-hub/q-a-detail/coronavirus-disease-">https://www.who.int/emergencies/diseases/novel-coronavirus-2019/question-and-answers-hub/q-a-detail/coronavirus-disease-</a>(covid-19)-
vaccines.
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<bullet> A vaccine or combination of vaccines listed by CDC in the
Technical Instructions.
Covered Individual means any passenger covered by the Proclamation
and this Amended Order: A noncitizen \3\ who is a nonimmigrant seeking
to enter the United States by air travel. This term does not apply to
crewmembers 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 or by the Federal Aviation
Administration in coordination with the CDC.
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\3\ For purposes of this Amended Order, U.S. lawful permanent
residents and U.S. nationals will be treated in the same manner as
U.S. citizens. For more details regarding who is not a Covered
Individual under the Order, see: <a href="https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html#immigrants">https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html#immigrants</a>.
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Covered Individual Attestation means the attestation in Attachment
A,\4\ in written or electronic form, that must be completed by each
Covered Individual as a condition of their being able to enter the
United States under the Proclamation and this Amended Order.
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\4\ 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.
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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 Amended 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
[[Page 20407]]
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 \5\ means it has been:
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\5\ While not a requirement of this Amended Order, CDC
recommends that all travelers get a booster dose when eligible to
stay up to date with their COVID-19 vaccines. See <a href="https://www.cdc.gov/coronavirus/2019-ncov/vaccines/stay-up-to-date.html">https://www.cdc.gov/coronavirus/2019-ncov/vaccines/stay-up-to-date.html</a>.
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<bullet> 2 weeks (14 days) or more since a person received one dose
of an accepted single-dose-series COVID-19 vaccine; OR
<bullet> 2 weeks (14 days) or more since a person received a second
dose in a 2-dose series of an accepted COVID-19 vaccine; OR
<bullet> 2 weeks (14 days) since a person received the full series
of an accepted COVID-19 vaccine (not placebo) in a clinical trial; OR
<bullet> 2 weeks (14 days) since the person received 2 doses of any
``mix-and-match'' combination of accepted COVID-19 vaccines
administered at least 17 days apart; \6\ OR
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\6\ The recommended interval between the first and second doses
of FDA-approved/authorized and WHO-EUL listed vaccines varies by
vaccine type. However, for purposes of interpretation of vaccine
records, the second dose in a two dose heterologous series must have
been received no earlier than 17 days (21 days with a 4-day grace
period) after the first dose.
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<bullet> 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.
Post-Arrival Viral Test means a viral test taken by an Excepted
Covered Individual, obtained 3-5 days after arriving in the United
States or other period as specified in the most current CDC guidance in
effect at the time the Excepted Covered Individual completes the
Covered Individual Attestation.\7\
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\7\ Requirement for Proof of COVID-19 Vaccination for Air
Passengers, available at <a href="https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html">https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html</a>.
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Post-Arrival Vaccination means completion of the primary series of
an Accepted COVID-19 Vaccine by an Excepted Covered Individual followed
by a two-week period in order to become Fully Vaccinated Against COVID-
19 within 60 days of arriving in the United States, or as soon
thereafter as is medically appropriate, if the Excepted Covered
Individual plans to be in the United States for longer than 60 days.
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/Self-isolate means 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 (or other period as
specified in the most current CDC guidance in effect at the time the
Excepted Covered Individual completes the Covered Individual
Attestation) after arriving in the United States or develops COVID-19
symptoms.<SUP>8 9</SUP> These actions include separating from other
individuals and staying in a home or other residence for at least 5
calendar days (or other period as specified in the most current CDC
guidance in effect at the time the Excepted Covered Individual
completes the Covered Individual Attestation) after symptom onset or
the date of first positive test if asymptomatic.\10\ The actions also
include observing other public health precautions as set forth in the
most current CDC guidance in effect at the time the Excepted Covered
Individual completes the Covered Individual Attestation, such as
properly wearing a well-fitting mask any time the Excepted Covered
Individual must be around other people during the isolation period and
for an additional 5 days after ending isolation.<SUP>11 12</SUP>
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\8\ Ibid.
\9\ Symptoms of COVID-19, available at <a href="https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html">https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html</a>.
\10\ Requirement for Proof of COVID-19 Vaccination for Air
Passengers, available at <a href="https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html">https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html</a>.
\11\ Ibid.
\12\ Quarantine and Isolation, available at <a href="https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html">https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html</a>.
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Self-quarantine means 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 5 days, or other period as specified in the most current CDC
guidance in effect at the time the Excepted Covered Individual
completes the Covered Individual Attestation, and observing public
health precautions as set forth in the most current CDC guidance in
effect at the time the Excepted Covered Individual completes the
Covered Individual Attestation.<SUP>13 14</SUP>
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\13\ Requirement for Proof of COVID-19 Vaccination for Air
Passengers, available at <a href="https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html">https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html</a>.
\14\ Travel Guidance for Non-U.S. Citizens, Non-U.S. Immigrants,
available at <a href="https://www.cdc.gov/coronavirus/2019-ncov/travelers/noncitizens-US-air-travel.html">https://www.cdc.gov/coronavirus/2019-ncov/travelers/noncitizens-US-air-travel.html</a>.
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Viral test means a viral detection test for current infection
(i.e., a nucleic acid amplification test [NAAT] or a viral antigen
test) approved, cleared, or authorized by the FDA 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 March 29,
2022, there have been almost 481,756,700 million cases of COVID-19
globally, resulting in almost 6,128,000 deaths.\15\ More than
79,827,900 cases have been identified in the United States, with new
cases reported daily, and over 975,500 deaths attributed to the
disease.\16\ Additionally, throughout the duration of this pandemic,
cases have tended to surge in waves, especially after high-volume
travel periods or when new variants have emerged.\17\
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\15\ <a href="https://covid19.who.int/">https://covid19.who.int/</a>.
\16\ <a href="https://covid.cdc.gov/covid-data-tracker/#datatracker-home">https://covid.cdc.gov/covid-data-tracker/#datatracker-home</a>.
\17\ Ibid.
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On November 24, 2021, the Republic of South Africa informed the
World Health Organization (WHO) of a new variant of SARS-CoV-2, the
virus that causes COVID-19, that was detected in that country. On
November 26, 2021, WHO designated the variant B.1.1.529 as a variant of
concern and named it Omicron.\18\ This decision was based on the
evidence presented to the Technical Advisory Group on SARS-CoV-2 Virus
Evolution (TAG-VE) which is a group of independent experts charged with
assessing the evolution of SARS-CoV-2 and examining if specific
mutations and combinations of mutations may alter how the virus spreads
and whether it may cause more severe illness. The evidence presented to
the TAG-VE noted that Omicron has several mutations that may have an
impact on
[[Page 20408]]
how easily it spreads or the severity of illness it causes.\19\
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\18\ <a href="https://www.who.int/news/item/26-11-2021-classification-of-omicron-">https://www.who.int/news/item/26-11-2021-classification-of-omicron-</a>(b.1.1.529)-sars-cov-2-variant-of-concern.
\19\ <a href="https://www.who.int/news/item/28-11-2021-update-on-omicron">https://www.who.int/news/item/28-11-2021-update-on-omicron</a>.
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Even as COVID-19 rates fall in most of the United States, Omicron
and sub-variants are still highly prevalent in other parts of the
world. WHO and CDC continue to collaborate with researchers around the
world to better understand Omicron and track potential future variants
of SARS-CoV-2. Studies include assessments of transmissibility,
severity of infection (including symptoms), and how well people who are
fully vaccinated and boosted are protected against infection,
hospitalization, and death. While data indicate that current vaccines
are less effective at preventing infection from Omicron as compared to
other variants, data also suggest that hospitalization and death rates
are lower for individuals infected with Omicron who are vaccinated
compared with other variants.<SUP>20 21</SUP> With an estimated 100
percent increase in transmission for Omicron when compared to the
original virus, vaccinations continue to play an important role in
protecting the public from severe illness.\22\ A booster dose of
vaccine mitigates the reduction in vaccine effectiveness, and CDC has
provided guidance advising that people stay up to date with their
COVID-19 vaccines, including getting a booster dose if
eligible.<SUP>23 24</SUP>
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\20\ Johnson AG, Amin AB, Ali AR, et al. COVID-19 Incidence and
Death Rates Among Unvaccinated and Fully Vaccinated Adults with and
Without Booster Doses During Periods of Delta and Omicron Variant
Emergence--25 U.S. Jurisdictions, April 4-December 25, 2021. MMWR
Morb Mortal Wkly Rep. ePub: 21 January 2022. DOI: <a href="http://dx.doi.org/10.15585/mmwr.mm7104e2">http://dx.doi.org/10.15585/mmwr.mm7104e2</a>.
\21\ Thompson MG, Natarajan K, Irving SA, et al. Effectiveness
of a Third Dose of mRNA Vaccines Against COVID-19-Associated
Emergency Department and Urgent Care Encounters and Hospitalizations
Among Adults During Periods of Delta and Omicron Variant
Predominance--VISION Network, 10 States, August 2021-January 2022.
MMWR Morb Mortal Wkly Rep. ePub: 21 January 2022. DOI: <a href="http://dx.doi.org/10.15585/mmwr.mm7104e3">http://dx.doi.org/10.15585/mmwr.mm7104e3</a>.
\22\ Ibid.
\23\ Accorsi EK, Britton A, Fleming-Dutra KE, Smith ZR, Shang N,
Derado G, et al. Association Between 3 Doses of mRNA COVID-19
Vaccine and Symptomatic Infection Caused by the SARS-CoV-2 Omicron
and Delta Variants. JAMA 2022. <a href="https://jamanetwork.com/journals/jama/fullarticle/2788485">https://jamanetwork.com/journals/jama/fullarticle/2788485</a>.
\24\ <a href="https://www.cdc.gov/coronavirus/2019-ncov/vaccines/stay-up-to-date.html">https://www.cdc.gov/coronavirus/2019-ncov/vaccines/stay-up-to-date.html</a>.
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The United States is taking a multi-layered approach to combatting
COVID-19 by taking concurrent efforts to prevent and slow the continued
introduction of cases and further spread of the virus within U.S.
communities. Vaccines remain the best public health measure to protect
people from severe illness or death from COVID-19, slow transmission,
and reduce the likelihood of new variants emerging.
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 revoked prior, country-specific presidential proclamations
issued under these authorities in response to the outbreak of COVID-19.
In their place, 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. This Amended Order and
associated Technical Instructions continue to implement the
Proclamation. As further explained in this Amended Order, CDC continues
to implement the Proclamation and require that Covered Individuals who
are fully vaccinated show Proof of Being Fully Vaccinated Against
COVID-19 and complete a Covered Individual Attestation attesting that
they are fully vaccinated. Excepted Covered Individuals who are 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 boarding the aircraft and attest that they have
arranged to take specified public health actions after arrival in the
United States.
Persons Whose Entry Is Not Covered by the Proclamation or Who Are
Excepted Covered Individuals
The Proclamation applies only to non-U.S. citizens seeking entry as
nonimmigrants. Individuals seeking admission 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.\25\
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\25\ <a href="https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/covid-19-technical-instructions.html">https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/covid-19-technical-instructions.html</a>.
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The Proclamation does not apply to crewmembers of airlines or other
aircraft operators if they follow industry standard protocols for the
prevention of COVID-19.<SUP>26 27</SUP> 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.
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\26\ Crewmembers 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 this Amended 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 the most
current relevant guidance issued by the CDC or the Federal Aviation
Administration in coordination with the CDC (e.g., SAFO 20009,
COVID-19: Updated Interim Occupational Health and Safety Guidance
for Air Carriers and Crews, available at <a href="https://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/safo/all_safos/media/2020/SAFO20009.pdf">https://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/safo/all_safos/media/2020/SAFO20009.pdf</a>.).
\27\ CDC Technical Instructions: <a href="https://www.cdc.gov/quarantine/order-safe-travel/technical-instructions.html">https://www.cdc.gov/quarantine/order-safe-travel/technical-instructions.html</a>.
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The Proclamation permits Excepted Covered Individuals to enter the
United States by air if they meet certain criteria as determined by the
CDC. Except for children under the age of 2 years, Excepted Covered
Individuals are required to present a Covered Individual Attestation to
the airline or aircraft operator before boarding an aircraft destined
to the United States attesting that they meet criteria outlined in the
Technical Instructions for certain categories of exceptions.\28\
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\28\ Ibid.
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In the Covered Individual Attestation, Excepted Covered Individuals
must also attest to arranging to take specified post-arrival public
health actions that, depending on the exception, could include a Post-
arrival Viral Test, Self-quarantine, or Self-isolation if they test
positive; and a Post-arrival Vaccination if their exception requires it
and they are staying in the country for more than 60 days. Information
about the requirements for these actions is detailed in the definitions
of this Amended Order, Technical Instructions, and in CDC guidance.\29\
The exception categories include:
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\29\ Requirement for Proof of COVID-19 Vaccination for Air
Passengers, available at <a href="https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html">https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html</a>.
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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:
<bullet> 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
[[Page 20409]]
<bullet> 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).
These persons must provide proof of their visa classification or an
official letter, such as a letter from the U.S. government or foreign
government. If they have been invited by the United Nations, they will
need to present a letter of invitation from the United Nations or other
documentation showing the purpose of such travel. They will also be
required to provide the Covered Individual Attestation to the airline
or aircraft operator before boarding an aircraft destined to the United
States. In the attestation, they must attest to having arranged to
receive a Post-arrival Viral Test after arriving in the United States;
to Self-quarantine, except during periods when their attendance is
required to carry out the purposes of the diplomatic or official
foreign government travel (e.g., to attend official meetings or
events); and Self-isolate if the result of the post-arrival viral test
is positive or if they develop COVID-19 symptoms. Individuals who meet
the Diplomatic and Official Foreign Government Travel exception will
not be required to attest to arranging for a Post-arrival
Vaccination.\30\
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\30\ As noted in Frequently Asked Questions on CDC's website
(see <a href="https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html">https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html</a>), this policy has been in place since December 2021
and was subsequently included in the Covered Individual Attestation.
It is incorporated into the substance of this Amended Order,
consistent with the need to expedite diplomatic and official foreign
government travel and comity regarding how U.S. diplomats are
treated abroad.
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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 children and
adolescents, with a vaccine approved or authorized for those 5 years
and older.\31\ However, the same availability does not exist
globally.\32\ 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.
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\31\ <a href="https://www.cdc.gov/coronavirus/2019-ncov/vaccines/recommendations/children-teens.html">https://www.cdc.gov/coronavirus/2019-ncov/vaccines/recommendations/children-teens.html</a>.
\32\ <a href="https://www.who.int/news/item/24-11-2021-interim-statement-on-covid-19-vaccination-for-children-and-adolescents">https://www.who.int/news/item/24-11-2021-interim-statement-on-covid-19-vaccination-for-children-and-adolescents</a>.
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Noncitizens who are nonimmigrants and who are children ages 2
through 17 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. CDC has determined that
children under 2 years of age do not need to have an attestation
completed because many are infants in arms, who are not required to
have an airline ticket and for whom an attestation presents significant
logistical burdens. Children ages 2 through 17 will be required to
attest (or have a parent or guardian attest on their behalf) to
arranging to get a Post-arrival Viral Test and Self-isolate if the test
result is positive or if the child develops COVID-19 symptoms. However,
children ages 2 through 17 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 ages 2 through 17,
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. As previously stated, children under
2 years of age are not required to attest (or have a parent or guardian
attest on their behalf) to arranging to complete any post-arrival
public health requirements. 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 adolescents and eligible children. However, given
the still evolving circumstances of vaccination for children,
attestation regarding post-arrival vaccination will not be required for
children ages 2 through 17 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 that meet CDC criteria for the exception
are specified in the Technical Instructions.\33\ Because these clinical
trial participants may have received 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 present a completed Covered
Individual Attestation to the airline or aircraft operator prior to
embarking an aircraft destined to the United States.
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\33\ <a href="https://www.cdc.gov/quarantine/order-safe-travel/technical-instructions.html">https://www.cdc.gov/quarantine/order-safe-travel/technical-instructions.html</a> (Table 3).
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To meet the clinical trial exception, Covered Individuals must
provide official documentation of clinical trial participation outlined
further in the Technical Instructions. Those who meet the clinical
trial exception must attest (or have a parent or guardian attest on
their behalf) to having arranged to receive a Post-arrival Viral Test,
and Self-isolate if the test result is positive or if they develop
COVID-19 symptoms. However, CDC has determined that these individuals
should not be required to attest to arranging to self-quarantine or to
be vaccinated after arriving in the United States. Requiring self-
quarantine after arrival could potentially discourage clinical trial
participation which would not serve the interests of public health and
requiring vaccination could potentially invalidate the clinical trial
study.
Medical Contraindications. The Proclamation excepts noncitizens who
are nonimmigrants for whom receiving an accepted COVID-19 vaccine is
medically contraindicated as determined by CDC.\34\ Accordingly, CDC
has determined that for an individual to meet this exception, a
licensed physician must have determined that the individual has a
medical contraindication 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 the Technical
Instructions, such individuals 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
[[Page 20410]]
accordance with scientific evidence and has provided additional details
concerning exceptions for medical contraindications in the Technical
Instructions. Persons who believe they meet the criteria for this
exception must present a signed letter from a licensed physician
documenting a medical contraindication to receiving a COVID-19 vaccine.
In the Covered Individual Attestation, they must attest that they meet
the exception, and must attest to having arranged to obtain a Post-
arrival Viral Test, Self-quarantine, and Self-isolate if they test
positive or if they develop COVID-19 symptoms.
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\34\ Objections to vaccination based on religious or moral
convictions do not qualify under this or any other exception listed
in the Proclamation or this Amended Order.
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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
applies 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 meet 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 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 attest to having arranged to obtain a Post-arrival Viral Test,
Self-quarantine, and Self-isolate if they test positive or develop
COVID-19 symptoms. They also must attest to having arranged to receive
a Post-arrival Vaccination 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 Amended 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.\35\ The list of
countries falling below the 10 percent threshold is maintained by CDC
in the Technical Instructions and reviewed on a regular basis. In
developing and maintaining this list, CDC relies 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.
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\35\ <a href="https://covid.cdc.gov/covid-data-tracker/#datatracker-home">https://covid.cdc.gov/covid-data-tracker/#datatracker-home</a>.
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Individuals entering the United States under this exception must
show proof that they meet the exception through a passport issued by a
foreign country with limited COVID-19 vaccine availability and a non-B-
1 or B-2 nonimmigrant visa as well as 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 having arranged to obtain a Post-arrival Viral Test,
Self-quarantine, and Self-isolate if they test positive or develop
COVID-19 symptoms. They also must attest to having arranged to receive
a Post-arrival Vaccination 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 and this Amended
Order except noncitizens who are members of the U.S. Armed Forces and
the spouses and children under 18 years of age of members of the U.S.
Armed Forces. CDC applies 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.
Members of the U.S. Armed Forces and their family members observe U.S.
Department of Defense (DoD) guidance to prevent the transmission of
COVID-19 as set forth in Force Protection Guidance (Supplement 20)
Revision 1--Department of Defense Guidance for Personnel Traveling
During the Coronavirus Disease 2019 Pandemic \36\ (January 10, 2022) or
subsequent updated DoD guidance. Accordingly, members of the U.S. Armed
Forces and their family members, if traveling with a U.S. military
identification document or other proof of status as a member of the
U.S. Armed Forces or as a spouse, or child ages 2 through 17 of a
member of the U.S. Armed Forces, must attest (or have a parent or
guardian attest on their behalf if a child ages 2 through 17) to their
status on the Covered Individual Attestation, but are not required to
attest to having arranged to complete any post-arrival public health
requirements. As previously stated, children under 2 years of age are
not required to attest or have a parent or guardian attest on their
behalf, to having arranged to complete any post-arrival public health
requirements.
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\36\ <a href="https://media.defense.gov/2022/Jan/11/2002920095/-1/-1/1/FORCE-HEALTH-PROTECTION-GUIDANCE-SUPPLEMENT-20-REVISION-1-DEPARTMENT-OF-DEFENSE-GUIDANCE-FOR-PERSONNEL-TRAVELING-DURING-THE-CORONAVIRUS-DISEASE-2019-PANDEMIC.PDF">https://media.defense.gov/2022/Jan/11/2002920095/-1/-1/1/FORCE-HEALTH-PROTECTION-GUIDANCE-SUPPLEMENT-20-REVISION-1-DEPARTMENT-OF-DEFENSE-GUIDANCE-FOR-PERSONNEL-TRAVELING-DURING-THE-CORONAVIRUS-DISEASE-2019-PANDEMIC.PDF</a>.
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Sea Crew Members. The Proclamation excepts any noncitizen seeking
entry to or transiting through the United States as a sea crew member
traveling pursuant to a C-1 and D nonimmigrant visa if such sea crew
member adheres to all industry standard protocols for the prevention of
COVID-19, as set forth in relevant guidance for sea crew member health
by the CDC.\37\ Any passenger granted an exception as a sea crew member
must present documentation to the airline from their employer
indicating that their entry to or transit through the United States is
required for the purpose of operating a vessel or return travel after
disembarking the vessel. Sea crew members 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. Sea crew members traveling on
this exception also must attest to having arranged to obtain a Post-
arrival Viral Test, Self-quarantine, and Self-isolate if they test
positive or develop COVID-19 symptoms. They also must attest to a Post-
arrival Vaccination 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. Given
that sea crew members may need to board a ship soon after arrival in
the United States, CDC has provided additional information about how
Excepted Covered Individuals who are sea crew
[[Page 20411]]
members can meet the requirements of the Amended Order and post-arrival
requirements on CDC's website.\38\
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\37\ See CDC's guidance: <a href="https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html">https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html</a> 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 separately (available at <a href="https://www.cdc.gov/quarantine/cruise/index.html">https://www.cdc.gov/quarantine/cruise/index.html</a>). Additional guidance
applicable to crew serving onboard all vessels is available at
<a href="https://www.cdc.gov/quarantine/maritime/recommendations-for-ships.html">https://www.cdc.gov/quarantine/maritime/recommendations-for-ships.html</a>.
\38\ <a href="https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html#faq-exceptions">https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html#faq-exceptions</a>.
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National Interest Exception. The Proclamation excepts any
noncitizen or group of noncitizens whose entry would be 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 having arranged to:
Obtain a Post-arrival Viral Test; Self-quarantine, except during
periods when attendance is required to carry out the purposes of the
travel for the U.S. national interest (e.g., to attend official
meetings or events); and Self-isolate if they test positive or develop
COVID-19 symptoms. They also must attest to having arranged to receive
a Post-arrival Vaccination 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 a Covered Individual Attestation
The Proclamation directs the HHS Secretary, acting through the CDC
Director, to implement the Proclamation as it applies to public health
through such procedures as may be established, and consistent with
CDC's independent public health judgment. In accordance with the
President's direction, this Amended Order requires that Covered
Individuals seeking to enter the United States by air travel who are
fully vaccinated may embark an aircraft destined for the United States
only if they show Proof of Being Fully Vaccinated Against COVID-19 and
complete a Covered Individual Attestation attesting that they are fully
vaccinated.
Additionally, 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 and this Amended Order, such individuals must
agree, depending on their category of exception, 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:
<bullet> Providing proof in the form of an attestation of pre-
departure testing for COVID-19 or documentation of recovery from COVID-
19, as determined by the CDC;
<bullet> 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;
<bullet> providing proof in the form of an attestation of having
arranged for post-arrival testing for COVID-19, as determined by the
CDC; and
<bullet> 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 also attest to having arranged to become fully
vaccinated against COVID-19 within 60 days \39\ 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 arranged to become fully vaccinated
against COVID-19 after arriving in the United States.
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\39\ CDC considers 60 days an 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 <a href="https://www.cdc.gov/coronavirus/2019-ncov/vaccines/different-vaccines.html">https://www.cdc.gov/coronavirus/2019-ncov/vaccines/different-vaccines.html</a>). It takes 14 days after
the second 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 Covered Individual Attestation must be completed, in written or
electronic form, by the 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 the Security Directive issued, and consistent
with this Amended Order, are 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.
Statement of Good Cause Under the Administrative Procedure Act
This Amended Order is not a legislative rule within the meaning of
the Administrative Procedure Act (APA), but rather an Order
implementing the Proclamation, which itself is not subject to the APA.
Because this Amended Order qualifies as a legislative rule under the
APA, notice and comment and a delay in the effective date are not
required because there is good cause to dispense with prior public
notice and comment and for a delay in the 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 Proclamation. In light of the rapid
spread of Omicron and its impact on travel, any delay in issuing these
amendments would adversely affect travelers and the air travel industry
by depriving these persons and entities of the ability to rely on the
most up-to-date findings and scientific determinations relating to the
ongoing COVID-19 pandemic. In addition, the APA does not require a
delay in the effective date because this Amended Order relieves certain
restrictions. See 5 U.S.C. 553(d)(1).
This Amended Order is being issued to align with revised CDC
guidance related to isolation and quarantine after travel that was
published on January 4, 2022 and make other changes based on CDC's
public health expertise. Revised CDC guidance reduces the number of
days recommended for a person to self-quarantine after travel from 7 to
5 days.<SUP>40 41</SUP> Additionally, the new guidance reduces the
number of days recommended for isolation for people who are diagnosed
with COVID-19 or have COVID-19 symptoms from 10 days to 5 days. Further
delay to these updates
[[Page 20412]]
may result in travelers quarantining or isolating longer than needed
after travel. This Amended Order also allows for these time periods to
be adjusted if further updates are made to CDC's guidance. Updates will
be reflected in the attestation and on CDC's website.\42\
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\40\ Quarantine and Isolation, available at <a href="https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html">https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html</a>.
\41\ Travel Guidance for Non-U.S. Citizens, Non-U.S. Immigrants,
available at <a href="https://www.cdc.gov/coronavirus/2019-ncov/travelers/noncitizens-US-air-travel.html">https://www.cdc.gov/coronavirus/2019-ncov/travelers/noncitizens-US-air-travel.html</a>.
\42\ Requirement for Proof of COVID-19 Vaccination for Air
Passengers, available at <a href="https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html">https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html</a>.
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This Amended Order also provides that children under 2 years of age
do not need to complete (or have a parent or guardian complete on their
behalf) an attestation, revises what is required for Excepted Covered
Individuals to meet the criteria for an exception, and provides more
clarity on what public health actions (e.g., Self-quarantine, Post-
arrival Viral Test) may be required after arriving in the United
States. It is imperative that these amendments be issued without
further delay so that affected individuals have the necessary clarity
when arranging their travel and post-travel plans in accordance with
the requirements of this Amended Order. Overall, these updates reduce
the burden to the air passenger, such as by reducing the time period
they would be required to attest to arranging after arrival in the
United States and being more explicit about which activities are not
required for certain exceptions.
This Amended Order is 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 Amended Order were a
rule, it would be a major rule under Subtitle E of the Small Business
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 continuing to implement the
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 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 Proclamation
effective without a 30-day delay in effective date. In addition,
consistent with 5 U.S.C. 553(d)(1), this Amended Order implementing the
Proclamation does not require a 30-day delay in effective date because
it relieves certain restrictions.
Action
Accordingly, for the reasons set forth in the Proclamation and in
this Amended Order:
1. Directions to Airlines and Other Aircraft Operators
As directed by TSA, including through its Security Directive or
Emergency Amendment issued after consultation with CDC, and consistent
with this Amended 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, is 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 match 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 Amended Order as
further explained by CDC in the Technical Instructions.
C. Confirm that every Excepted Covered Individual \43\ who has not
presented Proof of Being Fully Vaccinated Against COVID-19 prior to
boarding the aircraft provides a Covered Individual Attestation, and as
further explained in the Technical Instructions, attests to the
following (as applicable):
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\43\ Parents or guardians of children under 2 years of age do
not need to attest on behalf of these children, but they must
present proof of the child's age to the airline or aircraft operator
before boarding.
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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 Amended Order;
b. having arranged to be tested with a COVID-19 viral test 3-5 days
after arriving in the United States, or other period as specified in
the most current CDC guidance in effect at the time the Excepted
Covered Individual completes the Covered Individual Attestation, unless
the Excepted Covered Individual has documentation of having recovered
from COVID-19 in the past 90 days, or other period as specified in the
most current CDC guidance in effect at the time the Excepted Covered
Individual completes the Covered Individual Attestation;
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 or other period as specified in the most current CDC
guidance in effect at the time the Excepted Covered Individual
completes the Covered Individual Attestation; 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 the Technical Instructions, attesting to the following:
a. 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
applicable documentation as set forth in A, B, C, or D of this section.
The attestation is attached to this Amended Order as Attachment
A.\44\
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\44\ 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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[[Page 20413]]
2. Requirements for Aircraft Passengers
In addition, I order that any aircraft passenger \45\ 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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\45\ A parent or other authorized individual may present the
required documentation on behalf of a passenger ages 2 through 17.
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). There are no documentation
requirements for passengers under the age of 2 years of age.
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A. Present to the airline or other aircraft operator paper or
digital documentation reflecting Proof of Being Fully Vaccinated
Against COVID-19 and provide 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 Amended Order, as applicable and as further
explained by CDC in the Technical Instructions.
C. If an Excepted Covered Individual,\46\ accurately complete and
provide the airline or aircraft operator with a Covered Individual
Attestation, as further explained by CDC in the Technical Instructions,
attesting that the Excepted Covered Individual (as applicable):
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\46\ Parents or guardians of children under 2 years of age do
not need to attest on behalf of these children, but they must
present proof of the child's age to the airline or aircraft operator
before boarding.
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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 Amended Order;
b. has arranged to be tested with a COVID-19 viral test 3-5 days
after arriving in the United States, or other period as specified in
the most current CDC guidance in effect at the time the Excepted
Covered Individual completes the Covered Individual Attestation, unless
the Excepted Covered Individual has documentation of having recovered
from COVID-19 in the past 90 days, or other period as specified in the
most current CDC guidance in effect at the time the Excepted Covered
Individual completes the Covered Individual Attestation;
c. 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, or other period as specified in the most current CDC
guidance in effect at the time the Excepted Covered Individual
completes the Covered Individual Attestation; and
d. 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 the Technical Instructions,
additionally attesting that the Excepted Covered Individual:
(1) has 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 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 Amended 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 Amended Order shall enter into effect at 12:01 a.m. EDT on
April 14, 2022.
ATTACHMENT A: COMBINED PASSENGER DISCLOSURE AND ATTESTATION TO THE
UNITED STATES OF AMERICA
This combined passenger disclosure and attestation fulfills the
requirements of U.S. Centers for Disease Control and Prevention (CDC)
Amended Orders: Requirements for Negative Pre-Departure COVID-19 Test
Result or Documentation of Recovery from COVID-19 for All Airline or
Other Aircraft Passengers Arriving into the United States from Any
Foreign Country and Implementing Presidential Proclamation on Advancing
the Safe Resumption of Global Travel During the COVID-19 Pandemic.\47\
As directed by the CDC and the Transportation Security Administration
(TSA), through Security Directive 1544-21-03 and Emergency Amendment
1546-21-02, and consistent with CDC's Order implementing the
Proclamation, all airline or other aircraft operators must provide the
following disclosures to all passengers prior to their boarding a
flight from a foreign country to the United States.
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\47\ These requirements (e.g., proof of negative COVID-19 test
result or recovery and proof of being fully vaccinated against
COVID-19) do not apply to crewmembers of airlines or other aircraft
operators if they are traveling for the purpose of operating the
aircraft or repositioning (i.e., on ``deadhead'' status), 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).
---------------------------------------------------------------------------
Airline and Aircraft Operator Disclosure Requirements
As required by United States federal law, all airlines or other
aircraft operators must collect the passenger attestation on behalf of
the U.S. Government.\48\
---------------------------------------------------------------------------
\48\ Section 1 and Section 2 of this attestation do not need to
be completed by or on behalf of children under 2 years of age. The
airline or other aircraft operator may permit them to board an
aircraft without an attestation.
---------------------------------------------------------------------------
Required Proof of Negative COVID-19 Test Result or Recovery From COVID-
19
All airlines and other aircraft operators must additionally confirm
one of the following for each passenger ages 2 years or older prior to
their boarding a flight to the United States from a foreign country:
1. A negative result for a Qualifying Test; or
2. Documentation of Recovery from COVID-19 in the form of a
positive COVID-19 viral test on a sample taken no more than 90 days
prior to departure and a letter from a licensed healthcare provider or
public health official stating that the passenger has been cleared for
travel.
Required Proof of COVID-19 Vaccination for Non-U.S. Citizen,
Nonimmigrant Air Passengers
As directed by the TSA, including through a security directive or
emergency amendment, all airlines and other aircraft operators must
additionally confirm one of the following for each noncitizen who is a
nonimmigrant passenger prior to their boarding a flight to the United
States from a foreign country:
[[Page 20414]]
1. Proof of being Fully Vaccinated Against COVID-19; or
2. Proof of being excepted from the requirement to be Fully
Vaccinated Against COVID-19.
OMB Control No.: 0920-1318
Expiration Date: 05/31/2022
PASSENGER DISCLOSURE AND ATTESTATION TO THE UNITED STATES OF AMERICA
The information provided below must be accurate and complete to the
best of the individual's knowledge. Under United States federal law,
the applicable portion of the attestation must be completed for each
passenger ages 2 years or older and the attestation must be provided to
the airline or aircraft operator prior to boarding a flight to the
United States from a foreign country. Failure to complete and present
the applicable portion of the attestation, or submitting false or
misleading information, could result in delay of travel, denial of
boarding, or denial of boarding on future travel, or put the passenger
or other individuals at risk of harm, including serious bodily injury
or death. Any passenger who fails to comply with these requirements may
be subject to criminal penalties. Willfully providing false or
misleading information may lead to criminal fines and imprisonment
under, among other provisions, 18 U.S.C. 1001. Providing this
information can help protect you, your friends and family, your
communities, and the United States. CDC appreciates your cooperation.
One attestation form must be filled out for each passenger ages 2
years or older. The attestation may be filled out by the air passenger
or on behalf of the air passenger by a legal representative, such as a
parent or guardian.
--Section 1: All air passengers ages 2 years or older flying to the
United States must complete Section 1.
--Section 2: Any passenger age 2 years or older who is not a U.S.
citizen, U.S. national, lawful permanent resident, or an immigrant
(``Covered Individual'') who is seeking to enter the United States by
air travel must also complete Section 2 of this attestation and comply
with applicable after travel requirements in Section 2.\49\
---------------------------------------------------------------------------
\49\ Any passenger who is not a U.S. citizen, U.S. national,
lawful permanent resident, or an immigrant is referred to as a
Covered Individual because they are covered by the Presidential
Proclamation and CDC's Amended Order: Implementing Presidential
Proclamation on Advancing the Safe Resumption of Global Travel
During the COVID-19 Pandemic. This term does not apply to
crewmembers 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 or by the FAA in
coordination with the CDC.
Public reporting burden of this collection of information is
estimated to average 2 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information. An agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB Control Number. Comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing this
burden, may be submitted to CDC/ATSDR Reports Clearance Officer,
1600 Clifton Road NE, MS D-74, Atlanta, Georgia 30333; ATTN: PRA
0920-1318.
I, __________am attesting on (Select one):
PRINT FIRST AND LAST NAME
[ballot] My own behalf [ballot] Behalf of:
-----------------------------------------------------------------------
PRINT FIRST AND LAST NAME
SECTION 1: Requirement for Proof of Negative COVID-19 Test Result or
Recovery From COVID-19 (check one box)
A. NEGATIVE PRE-DEPARTURE TEST RESULT
[ballot] I attest that I have (or the person I am attesting on behalf
of has) received a negative pre-departure test result for COVID-19. The
test was a viral test that was conducted on a specimen collected no
more than 1 calendar day before the flight's departure.
B. DOCUMENTATION OF RECOVERY FROM COVID-19
[ballot] I attest that I have (or the person I am attesting on behalf
of has) tested positive for COVID-19 and been cleared for travel by a
licensed healthcare provider or public health official. The test was a
viral test that was conducted on a specimen collected no more than 90
days before the flight's departure.
C. HUMANITARIAN EXEMPTION
[ballot] I attest that I have (or the person I am attesting on behalf
of has) received a humanitarian exemption to the testing requirement,
as determined by CDC and documented by an official U.S. Government
letter.
SECTION 2: Requirement for Proof of COVID-19 Vaccination for Covered
Individuals (Not a U.S. Citizen, U.S. National, Lawful Permanent
Resident, or an Immigrant)
A. FULLY VACCINATED (If you check box A, skip to signature page and
sign the form to complete Attestation.)
[ballot] I attest that I am (or the person I am attesting on behalf of
is) fully vaccinated against COVID-19.
B. NOT FULLY VACCINATED
[ballot] I am not fully vaccinated and attest that I am (or the person
I am attesting on behalf of is) excepted from the requirement to
present Proof of Being Fully Vaccinated Against COVID-19 based on one
of the following (check only one box, as applicable):
[ballot] Diplomatic and Official Foreign Government Travel
(complete C only, then sign the form to complete Attestation).
[ballot] Child ages 2 through 17 years (complete D only, then sign
the form to complete Attestation).
[ballot] Participant in certain COVID-19 vaccine trials, as
determined by CDC (complete D only, then sign the form to complete
Attestation).
[ballot] Medical contraindication to an accepted COVID-19 vaccine,
as determined by CDC (complete E only, then sign the form to complete
Attestation).
[ballot] Humanitarian or emergency exception, as determined by CDC
and documented by an official U.S. Government letter (complete F only,
then sign the form to complete Attestation).
[ballot] Valid nonimmigrant visa holder (excluding B-1 or B-2
visas) and citizen of a Foreign Country with Limited COVID-19 Vaccine
Availability, as determined by CDC (complete F only, then sign the form
to complete Attestation).
[ballot] Member of the U.S. Armed Forces or spouse or child (ages 2
through 17 years) of a member of the U.S. Armed Forces (proceed to
signature line only, then sign the form to complete Attestation).
[ballot] Sea crewmember traveling pursuant to a C-1 and D
nonimmigrant visa (complete F only, then sign the form to complete
Attestation).
[ballot] Person whose entry is in the U.S. national interest as
determined by the Secretary of State, the Secretary of Transportation,
the Secretary of Homeland Security, or their designees (complete G
only, then sign the form to complete
[[Page 20415]]
Attestation).
C. EXCEPTION: Diplomat and Official Foreign Government Travel
[ballot] I attest that I am (or the person I am attesting on behalf of
is) excepted from the requirement to present Proof of Being Fully
Vaccinated Against COVID-19 and made the following arrangements (must
check all boxes in C and then sign Attestation).
[ballot] To be tested with a COVID-19 viral test 3-5 days after
arriving in the United States, unless I have (or this person has)
documentation of having recovered from COVID-19 in the past 90 days;
[ballot] To self-quarantine for a full 5 calendar days following
arrival, even if the result of my (or this person's) post-arrival viral
test is negative, except during periods when my (or this person's)
attendance is required to carry out the purposes of the diplomatic or
official foreign government travel (e.g., to attend official meetings
or events), unless I have (or this person has) documentation of having
recovered from COVID-19 in the past 90 days; and
[ballot] To self-isolate for a full 5 calendar days and properly
wear a well-fitting mask any time I am (or this person is) around
others during my (or this person's) isolation period and for an
additional 5 days after ending isolation,
<bullet> if the result of the post-arrival viral test is positive;
or
<bullet> if I develop (or this person develops) COVID-19 symptoms.
D. EXCEPTIONS
<bullet> Child ages 2 through 17 years
<bullet> Participant in certain COVID-19 vaccine trials as determined
by CDC
[ballot] I attest that I am (or the person I am attesting on behalf of
is) excepted from the requirement to present Proof of Being Fully
Vaccinated Against COVID-19 and made the following arrangements (must
check all boxes in D and then sign Attestation).
[ballot] To be tested with a COVID-19 viral test 3-5 days after
arriving in the United States, unless I have (or the person has)
documentation of having recovered from COVID-19 in the past 90 days;
[ballot] To self-isolate for a full 5 calendar days and properly
wear a well-fitting mask any time I am (or this person is) around
others during my (or this person's) isolation period and for an
additional 5 days after ending isolation,
<bullet> if the result of the post-arrival viral test is positive,
or
<bullet> if I develop (or this person develops) COVID-19 symptoms.
E. EXCEPTION: Medical Contraindication to an Accepted COVID-19 Vaccine
as Determined by CDC
[ballot] I attest that I am (or the person I am attesting on behalf of
is) excepted from the requirement to present Proof of Being Fully
Vaccinated Against COVID-19 and made the following arrangements (must
check all boxes in E and then sign Attestation).
[ballot] To be tested with a COVID-19 viral test 3-5 days after
arriving in the United States, unless I have (or this person has)
documentation of having recovered from COVID-19 in the past 90 days;
[ballot] To self-quarantine for a full 5 calendar days, even if the
result of my (or this person's) post-arrival viral test is negative,
unless I have (or this person has) documentation of having recovered
from COVID-19 in the past 90 days; and
[ballot] To self-isolate for a full 5 calendar days and properly
wear a well-fitting mask any time I am (or this person is) around
others during my (or this person's) isolation period and for an
additional 5 days after ending isolation,
<bullet> if the result of the post-arrival viral test is positive,
or
<bullet> if I develop (or this person develops) COVID-19 symptoms.
F. EXCEPTIONS
<bullet> Humanitarian or emergency exception as determined by CDC;
<bullet> Valid nonimmigrant visa holder (excluding B-1 or B-2
visas) and citizen of a Foreign Country with Limited COVID-19 Vaccine
Availability as determined by CDC; or
<bullet> Sea crewmember traveling pursuant to a C-1 and D
nonimmigrant visa
[ballot] I attest that I am (or the person I am attesting on behalf of
is) excepted from the requirement to present Proof of Being Fully
Vaccinated Against COVID-19 and made the following arrangements (must
check all boxes in F and then sign Attestation).
[ballot] To be tested with a COVID-19 viral test 3-5 days after
arriving in the United States, unless I have (or this person has)
documentation of having recovered from COVID-19 in the past 90 days;
[ballot] To self-quarantine for a full 5 calendar days, even if the
result of my (or this person's) post-arrival viral test is negative,
unless I have (or this person has) documentation of having recovered
from COVID-19 in the past 90 days;
[ballot] To self-isolate for a full 5 calendar days and properly
wear a well-fitting mask any time I am (or this person is) around
others during my (or this person's) isolation period and for an
additional 5 days after ending isolation,
<bullet> if the result of the post-arrival viral test is positive;
or
<bullet> if I develop (or this person develops) COVID-19 symptoms;
and
[ballot] To become fully vaccinated against COVID-19 within 60 days
of arriving in the United States, or as soon thereafter as is medically
appropriate, if intending to stay in the United States for more than 60
days.
G. EXCEPTION: Person Whose Entry Is in the U.S. National Interest
[ballot] I am (or the person I am attesting on behalf of is) excepted
from the requirement to present Proof of Being Fully Vaccinated Against
COVID-19 and made the following arrangements (must check all boxes in G
and then proceed to sign Attestation).
[ballot] To be tested with a COVID-19 viral test 3-5 days after
arriving in the United States, unless I have (or this person has)
documentation of having recovered from COVID-19 in the past 90 days;
[ballot] To self-quarantine for a full 5 calendar days, even if the
result of my (or this person's) post-arrival viral test is negative,
except during periods when my (or this person's) attendance is required
to carry out the purposes of the travel for the U.S. national interest
(e.g., to attend official meetings or events), unless I have (or this
person has) documentation of having recovered from COVID-19 in the past
90 days.
[ballot] To self-isolate for a full 5 calendar days and properly
wear a well-fitting mask any time I am (or this person is) around
others during my (or this person's) isolation period and for an
additional 5 days after ending isolation
<bullet> if the result of the post-arrival viral test is positive,
or
<bullet> if I develop (or this person develops) COVID-19 symptoms;
and
[ballot] To become fully vaccinated against COVID-19 within 60 days
of arriving in the United States, or as soon thereafter as is medically
appropriate, if intending to stay in
[[Page 20416]]
the United States for more than 60 days.
____________Print Name
____________Signature
_______Date
Privacy Act Statement for Travelers Relating to the Requirement To
Provide Proof of a Negative COVID-19 Test Result
The U.S. Centers for Disease Control and Prevention (CDC) requires
airlines and other aircraft operators to collect this information
pursuant to 42 CFR 71.20 and 71.31(b), as authorized by 42 U.S.C. 264.
Providing this information is mandatory for all passengers arriving by
aircraft into the United States. Failure to provide this information
may prevent you from boarding the plane. Additionally, passengers will
be required to attest to providing complete and accurate information,
and failure to do so may lead to other consequences, including criminal
penalties. CDC will use this information to help prevent the
introduction, transmission, and spread of communicable diseases by
performing contact tracing investigations and notifying exposed
individuals and public health authorities; and for health education,
treatment, prophylaxis, or other appropriate public health
interventions, including the implementation of travel restrictions.
The Privacy Act of 1974, 5 U.S.C. 552a, governs the collection and
use of this information. The information maintained by CDC will be
covered by CDC's System of Records No. 09-20-0171, Quarantine- and
Traveler-Related Activities, Including Records for Contact Tracing
Investigation and Notification under 42 CFR parts 70 and 71. See 72 FR
70867 (Dec. 13, 2007), as amended by 76 FR 4485 (Jan. 25, 2011) and 83
FR 6591 (Feb. 14, 2018). CDC will only disclose information from the
system outside the CDC and the U.S. Department of Health and Human
Services as the Privacy Act permits, including in accordance with the
routine uses published for this system in the Federal Register, and as
authorized by law. Such lawful purposes may include, but are not
limited to, sharing identifiable information with state and local
public health departments, and other cooperating authorities. CDC and
cooperating authorities will retain, use, delete, or otherwise destroy
the designated information in accordance with federal law and the
System of Records Notice (SORN) set forth above. You may contact the
system manager at <a href="/cdn-cgi/l/email-protection#791d1e1408091615101a00161f1f101a1c391a1d1a571e160f"><span class="__cf_email__" data-cfemail="1d797a706c6d7271747e64727b7b747e785d7e797e337a726b">[email protected]</span></a> or by mailing Policy Office,
Division of Global Migration and Quarantine, Centers for Disease
Control and Prevention, 1600 Clifton Road NE, MS H16-4, Atlanta, GA
30329, if you have questions about CDC's use of your data.
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. 2022-07450 Filed 4-4-22; 4:15 pm]
BILLING CODE 4163-18-P
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</html>Indexed from Federal Register on April 7, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.