JLW
Diamond Member
- Sep 16, 2012
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USAID was initially created by EO, but then codified by statute. It cannot therefore be undone by EO.This is B.S.
Anything that was established by an EO can be undone by an EO.
Trump can end USAID, but its functions have to be rolled into the Sec. of State office.
2011 U.S. Code
Title 22 - Foreign Relations and Intercourse
Chapter 74 - FOREIGN AFFAIRS AGENCIES CONSOLIDATION (§§ 6501 - 6617)
Subchapter VI - TRANSITION (§§ 6601 - 6617)
Part A - Reorganization Plan (§§ 6601)
Section 6601 - Reorganization plan and report
"(d) Reorganization plan of Agency for International Development
In addition to applicable provisions of subsection (c) of this section, the reorganization plan transmitted under this section for the Agency for International Development—
(1) may provide for the abolition of the Agency for International Development and the transfer of all its functions to the Department of State; or
(2) in lieu of the abolition and transfer of functions under paragraph (1)—
(A) shall provide for the transfer to and consolidation within the Department of the functions set forth in section 6581 of this title; and
(B) may provide for additional consolidation, reorganization, and streamlining of AID, including—
(i) the termination of functions and reductions in personnel of AID;
(ii) the transfer of functions of AID, and the personnel associated with such functions, to the Department; and
(iii) the consolidation, reorganization, and streamlining of the Department upon the transfer of such functions and personnel in order to carry out the functions transferred. . . "
View attachment 107438622 U.S. Code § 6592 - Administrator of AID reporting to Secretary of State
www.law.cornell.edu
View attachment 1074393
Back to Basics.
The executive, constitutionally, has full authority over foreign relations and foreign spending. Even if a court determines that the President & Sec. of State can not unilaterally re-organize, since this is their area of authority, they can reduce USAID to a one person staff with no power, until the Senate approves any new organization.
If this administrative agency is working at cross purposes to the current admin., it is their prerogative to change how it is operating and what USAID is spending money on & for what purpose.