That was true in 1961, but not in the 63 years since then. The Foreign Assistance Act has been amended many times with specific requirements since written for the by then already existing United States Agency for International Development[1]
[1] https://www.govinfo.gov/content/pkg/COMPS-1071/pdf/COMPS-107...
This framing seems disingenuous given the already far reaching effects of the frozen funding, the layoffs, the shut down of communications, the shuttered offices, and, apparently, giving non government employees unfettered access to its computer systems.
But yes, shutting down the USAID or trying to muddy the waters by saying it'll totally still exist, they'll just somehow run it out of the state department and not fund anything should indeed not be possible without an act of congress.
1: https://uscode.house.gov/view.xhtml?req=(title:22%20section:...
> Not later than 60 days after October 21, 1998
I’m pretty sure it’s now 2025, which is more than 60 days after Oct 21, 1998. Therefore, the president does not have power to abolish USAID. Please try again.
>> Memorandum of President of the United States, Mar. 31, 1999, 64 F.R. 17079, provided...
(It was actually delegating power to revise the USAID reorganization plan—which was not a abolition—and to set the effective date of then part of the reorg that was not transfer of mandatory functions to the Secretary of State.)
Regardless, the agency is a party to contracts which it is currently breaking. The actions of DOGE are causing the US to break contracts, which is illegal.
I’m suspicious, but I suppose I shouldn’t be surprised we’ve hit the “one simple trick” era of governing.
1: https://en.wikipedia.org/wiki/National_Aeronautics_and_Space...
2: https://en.wikipedia.org/wiki/United_States_Agency_for_Inter...
https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&...
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. [1]
And here's the text of section 6601, which explains how to abolish USAID:
(a) Submission of plan and report Not later than 60 days after October 21, 1998, the President shall transmit to the appropriate congressional committees a reorganization plan and report regarding-
(1) the abolition of the United States Arms Control and Disarmament Agency, the United States Information Agency, and the United States International Development Cooperation Agency in accordance with this chapter;
(2) with respect to the Agency for International Development, the consolidation and streamlining of the Agency and the transfer of certain functions of the Agency to the Department in accordance with section 6581 of this title;
(3) the termination of functions of each covered agency as may be necessary to effectuate the reorganization under this chapter, and the termination of the affairs of each agency abolished under this chapter;
(4) the transfer to the Department of the functions and personnel of each covered agency consistent with the provisions of this chapter; and
(5) the consolidation, reorganization, and streamlining of the Department in connection with the transfer of such functions and personnel in order to carry out such functions.
The President can abolish USAID, or can streamline it, or terminate functions within it, according to your own provided links, and only has to submit a report about it.
1: https://uscode.house.gov/view.xhtml?hl=false&edition=prelim&...
2: https://uscode.house.gov/view.xhtml?req=(title:22%20section:...
“Not later than 60 days after October 21, 1998”
That provision expired 26 years ago.
Article I, Section 8, Clause 1:
> The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States
Edit: Daww, no sense of humor?
Edit: not only that, but they didn't close USAID entirely: they just closed the USAID headquarters, and installed Marco Rubio as the new head of USAID. While this may or may not be desirable, I don't see how this is actually illegal. The specific organization of USAID was established by executive order; this is one of the many consequences of the Republicans winning control of the executive branch of government.