[House Document 117-15]
[From the U.S. Government Publishing Office]
117th Congress, 1st Session - - - - - - - - - - - - - House Document 117-15
TERMINATION OF EMERGENCY WITH RESPECT TO THE SOUTHERN BORDER OF THE
UNITED STATES AND REDIRECTION OF FUNDS DIVERTED TO BORDER WALL
CONSTRUCTION
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
A PROCLAMATION THAT TERMINATES THE NATIONAL EMERGENCY FIRST DECLARED IN
PROCLAMATION 9844 OF FEBRUARY 15, 2019 (DECLARING A NATIONAL EMERGENCY
CONCERNING THE SOUTHERN BORDER OF THE UNITED STATES), PURSUANT TO 50
U.S.C. 1622
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 15, 2021.--Referred to the Committee on Armed Services and
ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
19-011 WASHINGTON : 2021
The White House,
Washington, February 10, 2021.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: Consistent with section 202(a) of the
National Emergencies Act, 50 U.S.C. 1622, I hereby report that
I have issued a proclamation that terminates the national
emergency first declared in Proclamation 9844 of February 15,
2019 (Declaring a National Emergency Concerning the Southern
Border of the United States).
I have determined that the declaration of a national
emergency at our southern border was unwarranted. I have also
announced that it shall be the policy of my Administration that
no more American taxpayer dollars be diverted to construct a
border wall, and that I am directing a careful review of all
resources appropriated or redirected to that end.
I hereby report to the Congress that the national emergency
declared by Proclamation 9844, and continued on February 13,
2020, and January 15, 2021, is terminated and that the
authorities invoked in that proclamation will no longer be used
to construct a wall at the southern border.
I am enclosing a copy of the proclamation I have issued.
Sincerely,
Joseph R. Biden, Jr.
Termination of Emergency With Respect to the Southern Border of the
United States and Redirection of Funds Diverted to Border Wall
Construction
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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 authorities invoked in that
proclamation will no longer be used to construct a wall at the
southern border. I hereby further 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:
(1) 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 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.
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.
Joseph R. Biden, Jr.
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