Trump ‘does not have the authority to abolish’ USAID: Congressional Research Service
The Congressional Research Service, a federal agency tasked with legislative research and analysis, published a Monday report declaring President Trump does not have the “authority” to abolish USAID.
“Because Congress established USAID as an independent establishment (defined in 5 U.S.C. 104) within the executive branch, the President does not have the authority to abolish it; congressional authorization would be required to abolish, move, or consolidate USAID,” wrote author Emily M. McCabe, a specialist in foreign assistance and foreign policy.
McCabe cited portions of the Foreign Affairs Reform and Restructuring Act of 1998 which temporarily granted the president authority to “reorganize” the agency but argued the power to do so expired in 1999.
“Congress has not granted the President further authority to abolish, move, or consolidate USAID since,” she wrote.
She also noted the agency has long been under the “direct authority and foreign policy guidance of the Secretary of State.” Trump recently appointed Secretary of State Marco Rubio to serve as acting head of the agency while staffers fretted over expected operational cuts from the Department of Government Efficiency following a freeze on foreign assistance.
McCabe’s analysis noted past administrations have altered the functions of USAID, including shifting certain functions from USAID to the State Department, but not before notifying and consulting with the appropriate congressional committees.
“As USAID’s internal organization is not set in statute, Administrations have sometimes changed USAID’s internal structure, often reflecting a President’s foreign policy priorities and foreign assistance initiatives,” McCabe outlined.
“In these cases, the Administration is to notify and consult with ‘appropriate congressional committees’ in advance of such changes pursuant to procedures included in annual Department of State, Foreign Operations, and Related Programs (SFOPS) appropriations bills (for FY2024 SFOPS, see Section 7063 of P.L. 118-47).”
Her report flagged that in the coming weeks, lawmakers may seek to gain more information about the Trump administration’s proposed changes and its impact on federal funding.
“Some Members have raised concerns regarding President Trump’s executive order pausing foreign assistance and actions taken to halt programs and dismiss agency leaders,” McCabe wrote.
“The Administration’s actions to subsume USAID into the State Department may deepen such concerns and raise new questions among Members about the Administration’s compliance with congressional reporting and consultation requirements and the Administration’s use of funds appropriated to USAID and its programs.”
She stated the House and Senate Appropriations committees and the House Foreign Affairs and Senate Foreign Relations committees, in particular, might choose to probe through congressional hearings, letters, and informal communications.
“Such oversight activities may shape how both the appropriators and authorizers approach USAID, State, and relevant programs in annual appropriations bills and consideration of potential legislation providing authorizations or restrictions,” she concluded.
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