He’s basically expropriating funding subject to the referenced sections of this act from 1985. Going to take a bit to determine what that actually means, but it does sound as if he’s pulled a fast one on them.
Does ‘expropriating’ mean he’s taking the money back?
IIRC, Obama got an omnibus spending bill (i.e. not a budget with appropriations) at some point, and he was basically able to use it as a slush fund to put money where ever he wanted.
Think of it as funds liberation....
Section 7058 relates to spending on global health initiatives in the State Department budget. The text of Section 7058 (d) reads as follows:
” (d) Repurposed Funds.—(1) Of the unobligated balances available
under the heading ``Bilateral Economic Assistance’’ in title IX of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)—
(A) $35,000,000 shall be made available for the Emergency
Reserve Fund established pursuant to section 7058(c)(1) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31):
Provided, That such funds may only be made available if the
USAID Administrator determines and reports to the Committees on
Appropriations that it is in the national interest to respond
to an emerging health threat that poses severe threats to human
health;
(B) $100,000,000 shall be for programs to accelerate the
capabilities of targeted countries to prevent, detect, and
respond to infectious disease outbreaks; and
(C) $10,000,000 shall be made available for support of a
multi-partner trust fund or other multilateral efforts to
assist communities in Haiti affected by cholera resulting from
the United Nations Stabilization Mission in Haiti: Provided,
That prior to the obligation of such funds, the Secretary of
State shall ensure that mechanisms are in place for monitoring,
oversight, and control of such funds: Provided further, That
such funds shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
(2) Funds made available pursuant to this subsection are in addition to funds otherwise made available for such purposes.
(3) Funds made available pursuant to this subsection under the
headings ``Global Health Programs’’ and ``International Disaster
Assistance’’ may be transferred to, and merged with, funds made
available under such headings: Provided, That such transfer authority
is in addition to any other transfer authority provided by law.
(4) The amounts repurposed under this subsection are designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985 and shall be available only if the President subsequently
so designates all such amounts and transmits such designations to the
Congress.”
He’s building the wall. After the bill signing he tweeted that construction begins Monday.