[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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