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Torillian said:
Cyran said:

While I wish that was the case but the USAID department was established by a executive order by JFK and therefore do not have the same legal protection of a department that was created by a law.

On the other hand the Department of education was established by the department of Education Organization Act (Public Law 96-88) which mean Trump can't legally eliminate it since it was created by a law not a executive action like USAID.

So since the congress did dictate the creation of some department to oversee foreign aid does this mean that Trump can get rid of USAID but he by law has to establish a replacement?

edit: not that the law is going to stop him from doing whatever he feels like by I'm curious. 

Assuming he follow law which is a big if with trump any money obligated by law to a specific thing require to be spent on that thing including foreign aid.  He should be required to put someone in charge of spending those funds that been obligated by congress that USAID use to oversee.  It dont need to be a new department he could also put an existing department which is what the current plan is I believe.  The State Department will be in charge of any mandatory spending that the USAID department use to be in charge of.  

https://www.cbsnews.com/news/usaid-merged-into-state-department/