So let's take the case of USAID. USAID was "created" by EO originally, but was recreated in 1998 by congressional act (The Foreign Affairs Reform and Restructu

So let's take the case of USAID. USAID was "created" by EO originally, but was recreated in 1998 by congressional act (The Foreign Affairs Reform and Restructuring Act of 1998, 22 U.S.C. 6501 et seq.): "(a) In general 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. " (there is being the key words here. Not there can be) The last relevant appropriations bill (section 7063 of the FY24 State and Foreign Operations Appropriations Act) says: " Sec. 7063. (a) Prior Consultation and Notification.--Funds appropriated by this Act, prior Acts making appropriations for the Department of State, foreign operations, and related programs, or any other Act may not be used to implement a reorganization, redesign, or other plan described in subsection (b) by the Department of State, the United States Agency for International Development, or any other Federal department, agency, or organization [[Page 138 STAT. 844]] funded by this Act without prior consultation by the head of such department, agency, or organization with the appropriate congressional committees: Provided, <<NOTE: Requirement.>> That such funds shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That any such notification submitted to such Committees shall include a detailed justification for any proposed action: Provided further, That congressional notifications submitted in prior fiscal years pursuant to similar provisions of law in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be deemed to meet the notification requirements of this section. (b) Description of Activities.--Pursuant to subsection (a), a reorganization, redesign, or other plan shall include any action to-- (1) expand, eliminate, consolidate, or downsize covered departments, agencies, or organizations, including bureaus and offices within or between such departments, agencies, or organizations, including the transfer to other agencies of the authorities and responsibilities of such bureaus and offices; (2) expand, eliminate, consolidate, or downsize the United States official presence overseas, including at bilateral, regional, and multilateral diplomatic facilities and other platforms; or (3) expand or reduce the size of the permanent Civil Service, Foreign Service, eligible family member, and locally employed staff workforce of the Department of State and USAID from the staffing levels previously justified to the Committees on Appropriations for fiscal year 2024. " So the executive branch cannot eliminate, reorg, or downsize USAID without, at a minimum, consulting with congress. Given current events, we'll see what happens.