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:
(a) In general
Unless abolished pursuant to the reorganization plan submitted under section 6601 of this title, and except as provided in section 6562 of this title, there is within the Executive branch of Government the United States Agency for International Development as an entity described in section 104 of title 5. (emphasis added)
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.