MAGA world is trying to make hay over their discovery of Executive Order 10973, signed by JFK in Nov., 1961. They believe it means Trump has the authority to erase USAID via an E.O. That may not be the case.
View: https://x.com/steveondrugs/status/1886383629800231232
Congress established USAID in statute, and the president may not unilaterally override a statute by executive order.
www.justsecurity.org
Can the President Dissolve USAID Without An Act of Congress?
No, not lawfully. In 1961, USAID was created by an E.O. issued by President John F. Kennedy (
E.O. 10973), based in part on authority provided in the
Foreign Assistance Act of 1961. But a later
act of Congress (The Foreign Affairs Reform and Restructuring Act of 1998, 22 U.S.C. 6501 et seq.) established USAID as its own agency. In a section titled “Status of AID” (22 U.S.C. 6563) it states:
The key language here is “there is within the Executive branch of Government [USAID]” (see sections 6562/6563). Those are the words Congress uses to establish an agency within the executive branch. It would take an act of Congress to reverse that – simply put, the president may not unilaterally override a statute by executive order.
The 1998 statute also transfers only certain functions of USAID to the State Department, and in essence requires USAID to handle all other pre-existing USAID functions described in the Foreign Assistance Act. This means that, at a minimum, Congress asserted a role for itself in such transfers of functions as well as early as 1998.
Also in the 1998 Act, Congress gave the president a near-term,
time-limited opportunity to reorganize these departments (
22 USC 6601). Specifically, the Act provides, among other things, that within “60 days after October 21, 1998,” the president may, in a “reorganization plan and report” to be provided to Congress:
President Bill Clinton submitted the statutorily-envisioned
report to Congress on Dec. 30, 1998, within Congress’ specified 60-day window. In that report, the Clinton administration explicitly chose to retain the independence of USAID as its own agency (while providing for certain forms of coordination and resource sharing). It stated:
Congress provided the president the opportunity to modify or revise that plan (6601(e)) until the effective date of the reorganization plan, which the 1998 Act specified as no later than April 1, 1999 with respect to some USAID functions, and Oct. 1, 1999, with respect to the opportunity for abolition of the agency (
6601(g)(2)). No prospective modification or reorganization authority was granted to the president beyond those effective dates.
