A Letter to Rubio: Concerns Over the Chaos and Malfeasance of USAID

Key Chapter Title List

1. Current Status of the United States Agency for International Development (USAID)
2. Personnel Issues
3. Restoring Foreign Assistance
4. Questions Regarding the Legality of the Administration's Actions
5. Assessment of National Security Impacts
6. Lack of Consultation Process with Congress
7. Inquiry Regarding the Influence of Elon Musk
8. Contractual Obligations and Legal Compliance

Document Introduction

This document is a formal letter jointly signed by over thirty United States Senators, including Tim Kaine, Mark Warner, and Richard Durbin, on February 4, 2025, addressed to U.S. Secretary of State Marco Rubio. The core issue of the letter is to express serious concern regarding a series of actions taken by the current administration in managing U.S. foreign assistance, particularly targeting the United States Agency for International Development.

The letter begins by stating that effective management of U.S. foreign assistance is crucial for advancing core national security priorities, including countering the influence of China, Russia, and Iran. However, the senators are deeply troubled by increasing reports of chaos and dysfunction at the State Department and the administration's "bold and illegal attempt" to "dismantle" USAID. Specific actions involve large-scale personnel administrative leave, sudden comprehensive stop-work orders, etc. These actions are alleged to be of questionable legality, insufficiently consider relevant appropriations laws, have directly harmed U.S. national security, endangered American citizens, interrupted life-saving work, and undermined the U.S. government's contractual obligations to its private sector partners.

The document further alleges that the administration failed to consult with Congress before taking these steps, an act that violates the law and impedes Congress's constitutional oversight duties regarding funding, personnel, and foreign policy. The failure to spend funds appropriated on a bipartisan basis by Congress may constitute a violation of the Impoundment Control Act.

The main body of the letter, in a list format, urgently requests the Secretary of State to provide clarification on over twenty specific questions across three major categories. The first category, concerning the "Current Status of USAID," focuses on inquiries including: the illegality of any abolition or merger of USAID without congressional consultation and approval; an assessment of how adversaries like China, Russia, and Iran are exploiting the vacuum left by the suspension of USAID programs; and demands for clarification on the impact of Tesla CEO Elon Musk's financial ties with China on his decision-making and whether he has exerted undue influence on personnel, financial, or national security matters at the State Department or USAID.

The second category, "Personnel Issues," details personnel actions taken by the administration on January 28, 2025, including placing over 50 senior USAID career civil servants and foreign service officers on administrative leave and issuing stop-work orders to approximately 390 agency support contractors. The letter requests the legal basis and source of directives for these actions and expresses concern about whether affected individuals were terminated without cause, whether they face retaliation for implementing the previous administration's policies, and whether more unwarranted personnel changes are forthcoming.

The third category, "Restoring Foreign Assistance," focuses on the process for resuming foreign assistance activities after their suspension. The senators seek to understand the specific mechanisms and timeline for the waiver process, the timeline for fully resuming legally authorized foreign assistance activities, and whether a national security risk assessment was conducted before deciding to freeze aid. The letter concludes by emphasizing the State Department's obligation to comply with U.S. contract law and the Secretary's responsibility to ensure the department fulfills its commitments to contractual partners.

Overall, this letter is a serious policy document focusing on the governance crisis within the U.S. foreign assistance system, executive-legislative power conflicts, and the potential influence of external actors. It reflects Congress's deep unease that the administration's unilateral actions may harm U.S. strategic interests, legal processes, and international credibility, and demands immediate transparency and accountability.