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Can Trump Eliminate USAID by Executive Order Because JFK Created It That Way?

President John F. Kennedy did indeed establish USAID through Executive Order 10973 on November 3, 1961. This executive action created the agency to implement the Foreign Assistance Act of 1961, which Congress had passed earlier that year (signed into law on September 4, 1961). However, the story doesn’t end there. While JFK’s executive order initially set up USAID, its status evolved over time. In 1998, Congress passed the Foreign Affairs Reform and Restructuring Act, which formally established USAID as an independent agency within the executive branch. This law codified USAID’s existence and structure, meaning it’s no longer just an entity sustained by executive action—it’s rooted in statute. The 1998 Act also gave the president a 60-day window to propose moving USAID’s functions into the State Department, but President Bill Clinton declined to do so, leaving USAID as a standalone agency. Here’s the key point: a president can rescind or modify a previous executive order, but that power only extends to what the original order controls. Since USAID’s current legal foundation rests on congressional legislation (not just JFK’s executive order), Trump cannot simply eliminate it with a stroke of his pen. Dissolving or fundamentally altering an agency established by statute requires an act of Congress. Courts have consistently upheld this principle—Congress creates and abolishes agencies, not the president alone. Trump could issue an executive order to stop USAID’s operations or redirect its functions within the executive branch to the extent allowed by existing law, but fully eliminating it would overstep his authority without congressional approval. Was USAID Ever Voted on as a Bill? Yes, USAID’s creation is tied to a bill that Congress voted on and passed. The Foreign Assistance Act of 1961 (Public Law 87-195) was the legislative foundation for USAID. This bill reorganized U.S. foreign aid programs and mandated the president to establish an agency to administer them—leading to JFK’s executive order. Congress debated and approved this act, with the House passing it on August 31, 1961, and the Senate following on September 1, 1961, before JFK signed it into law. Additionally, USAID’s status was further solidified by later legislation, like the 1998 Foreign Affairs Reform and Restructuring Act, which Congress also voted on and passed. So, while JFK’s executive order gave USAID its initial form, its existence and independence were shaped and confirmed by bills that went through the legislative process. Bottom Line Trump can’t eliminate USAID solely by executive order because its current legal basis is statutory, not just executive. He’d need Congress to pass a new law to dissolve it.

Yes, USAID’s origins and structure were voted on as bills, starting with the Foreign Assistance Act of 1961 and reinforced by subsequent legislation like the 1998 Act.

This balance between executive and legislative power is a cornerstone of how U.S. government agencies function—presidents can manage, but Congress ultimately decides what exists.