In a significant move that has sparked widespread discussion, Secretary of State Marco Rubio has been announced as the Acting Administrator of the U.S. Agency for International Development (USAID). This decision follows President Trump’s executive order on January 20, which paused nearly all foreign assistance for 90 days.
The transition has been marked by uncertainty, as USAID staff were directed not to report to the agency’s Washington, D.C., headquarters. This directive has led to confusion among contractors and implementing partners about the continuity of USAID programs. Additionally, USAID’s website was taken offline, and a new page was launched on the Department of State’s website to provide information about a portion of USAID’s work.
Congress, which authorizes, funds, and oversees USAID and its programs, has raised numerous questions. Lawmakers are particularly concerned about the President’s authority to abolish, move, or consolidate USAID, given that Congress established the agency as an independent entity within the executive branch.
Can the President Shift USAID Bureaus or Offices to the State Department?
The Congressional Research Service (CRS) explains that while the President does not have the authority to unilaterally abolish USAID, he can propose and execute structural changes related to USAID and the State Department, including shifting certain functions from USAID to the State Department. This can be done pursuant to congressional notification procedures, and past administrations have undertaken such changes reflecting a President’s foreign policy priorities.
According to various legal statutes and executive orders, the President does not have the authority to unilaterally abolish USAID. The agency, created by Executive Order 10973 under President Kennedy in 1961, was designed to implement components of the Foreign Assistance Act of 1961.
Congressional leaders have emphasized the need for clarity and oversight in light of these developments. They have vowed to seek answers about the future of USAID and its critical role in global development and humanitarian aid.
Further complicating the situation, the CRS highlights that the administration can propose and execute structural changes related to USAID and the State Department. This includes shifting certain functions from USAID to the State Department, subject to congressional notification procedures. Past administrations have undertaken similar changes to reflect a President’s foreign policy priorities.
For instance, during the first Trump Administration, the USAID Transformations initiative included organizational restructuring, which was notified to Congress in nine notifications. Following congressional consultation, USAID implemented described changes, including elevating humanitarian assistance into the Bureau for Humanitarian Assistance and consolidating the agency’s cross-cutting and sector-specific expertise into the Bureau of Democracy, Development and Innovation.
However, these actions have prompted concerns among some Members of Congress regarding President Trump’s executive order pausing foreign assistance and actions taken to halt programs and dismiss agency leaders. The administration’s actions to subsume USAID into the State Department may deepen these concerns and raise new questions about compliance with congressional reporting and consultation requirements and the use of funds appropriated to USAID and its programs.
As the situation unfolds, stakeholders and observers will be closely monitoring the implications of this leadership change and its potential impact on international aid programs.
For further details and ongoing coverage, please refer to official Congressional reports and updates on the Department of State’s website.
Note: This summary is based on the document titled “USAID Under the Trump Administration” from the Congressional Research Service
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