[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