Termination of Emergency With Respect to the Southern Border of the United States and Redirection of Funds Diverted to Border Wall Construction, 7225-7227 [2021-01922]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Presidential Documents]
[Pages 7225-7227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01922]




                        Presidential Documents 



Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 7225]]

                Proclamation 10142 of January 20, 2021

                
Termination of Emergency With Respect to the 
                Southern Border of the United States and Redirection of 
                Funds Diverted to Border Wall Construction

                By the President of the United States of America

                A Proclamation

                Like every nation, the United States has a right and a 
                duty to secure its borders and protect its people 
                against threats. But building a massive wall that spans 
                the entire southern border is not a serious policy 
                solution. It is a waste of money that diverts attention 
                from genuine threats to our homeland security. My 
                Administration is committed to ensuring that the United 
                States has a comprehensive and humane immigration 
                system that operates consistently with our Nation's 
                values. In furtherance of that commitment, I have 
                determined that the declaration of a national emergency 
                at our southern border in Proclamation 9844 of February 
                15, 2019 (Declaring a National Emergency Concerning the 
                Southern Border of the United States), was unwarranted. 
                It shall be the policy of my Administration that no 
                more American taxpayer dollars be diverted to construct 
                a border wall. I am also directing a careful review of 
                all resources appropriated or redirected to construct a 
                southern border wall.

                NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of 
                the United States of America, by the authority vested 
                in me by the Constitution and the laws of the United 
                States of America, including section 202 of the 
                National Emergencies Act (50 U.S.C. 1601 et seq.), 
                hereby declare that the national emergency declared by 
                Proclamation 9844, and continued on February 13, 2020 
                (85 Fed. Reg. 8715), and January 15, 2021, is 
                terminated and that the authorites invoked in that 
                proclamation will no longer be used to construct a wall 
                at southen border. I hereby futher direct as follows:

                Section 1. Pause in Construction and Obligation of 
                Funds. (a) The Secretary of Defense and the Secretary 
                of Homeland Security, in consultation with the Director 
                of the Office of Management and Budget, shall direct 
                the appropriate officials within their respective 
                departments to:

(i) pause work on each construction project on the southern border wall, to 
the extent permitted by law, as soon as possible but in no case later than 
seven days from the date of this proclamation, to permit:

(A) assessment of the legality of the funding and contracting methods used 
to construct the wall;

(B) assessment of the administrative and contractual consequences of 
ceasing each wall construction project; and

(C) completion and implementation of the plan developed in accordance with 
section 2 of this proclamation;

(ii) pause immediately the obligation of funds related to construction of 
the southern border wall, to the extent permitted by law; and

(iii) compile detailed information on all southern border wall construction 
contracts, the completion status of each wall construction project, and the 
funds used for wall construction since February 15, 2019, including 
directly appropriated funds and funds drawn from the Treasury Forfeiture 
Fund (31 U.S.C. 9705(g)(4)(B)), the Department of Defense Drug Interdiction 
and Counter-Drug Activities account (10 U.S.C. 284), and the Department

[[Page 7226]]

of Defense Military Construction account (pursuant to the emergency 
authorities in 10 U.S.C. 2808(a) and 33 U.S.C. 2293(a)).

                    (b) The pause directed in subsection (a)(i) of this 
                section shall apply to wall projects funded by 
                redirected funds as well as wall projects funded by 
                direct appropriations. The Secretary of Defense and the 
                Secretary of Homeland Security may make an exception to 
                the pause, however, for urgent measures needed to avert 
                immediate physical dangers or where an exception is 
                required to ensure that funds appropriated by the 
                Congress fulfill their intended purpose.

                Sec. 2. Plan for Redirecting Funding and Repurposing 
                Contracts. The Secretary of Defense and the Secretary 
                of Homeland Security, in coordination with the 
                Secretary of the Treasury, the Attorney General, the 
                Director of the Office of Management and Budget, and 
                the heads of any other appropriate executive 
                departments and agencies, and in consultation with the 
                Assistant to the President for National Security 
                Affairs, shall develop a plan for the redirection of 
                funds concerning the southern border wall, as 
                appropriate and consistent with applicable law. The 
                process of developing the plan shall include 
                consideration of terminating or repurposing contracts 
                with private contractors engaged in wall construction, 
                while providing for the expenditure of any funds that 
                the Congress expressly appropriated for wall 
                construction, consistent with their appropriated 
                purpose. The plan shall be developed within 60 days 
                from the date of this proclamation. After the plan is 
                developed, the Secretary of Defense and the Secretary 
                of Homeland Security shall take all appropriate steps 
                to resume, modify, or terminate projects and to 
                otherwise implement the plan.

                Sec. 3. Definition. Consistent with Executive Order 
                13767 of January 25, 2017 (Border Security and 
                Immigration Enforcement Improvements), for the purposes 
                of this proclamation, ``wall'' means a contiguous, 
                physical wall or other similarly secure, contiguous, 
                and impassable physical barrier.

                Sec. 4. General Provisions. (a) Nothing in this 
                proclamation shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This proclamation shall be implemented 
                consistent with applicable law and subject to the 
                availability of appropriations.
                    (c) This proclamation is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

[[Page 7227]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twentieth day of January, in the year of our Lord two 
                thousand twenty-one, and of the Independence of the 
                United States of America the two hundred and forty-
                fifth.
                
                
                    (Presidential Sig.)

[FR Doc. 2021-01922
Filed 1-26-21; 8:45 am]
Billing code 3295-F1-P