EO-14397
Further Continuance of the Federal Emergency Management Agency Review Council
- Signed
- Mar 24, 2026
- Published
- Mar 27, 2026
Federal Register: 2026-06075
Source: Federal Register.
Extends FEMA Review Council Until Report Is Submitted or May 2026
Impact2/10
What it does
This order extends the life of the Federal Emergency Management Agency (FEMA) Review Council — an advisory body created in January 2025 to evaluate FEMA — until either 10 days after the Council submits its required report to the President, or May 29, 2026, whichever comes first. It also assigns the Secretary of Homeland Security to carry out the President's administrative functions under the Federal Advisory Committee Act for this Council. It supersedes the previous continuance order from January 2026.
Who benefits
Members of the FEMA Review Council who retain their advisory mandate and legal standing. The Department of Homeland Security, which gains clearer administrative authority over the Council. Communities and state/local governments that may benefit from a completed FEMA review and any resulting recommendations. Federal employees and contractors whose work depends on FEMA's organizational structure.
Who is affected
Federal agency staff who must continue supporting the Council's operations. Taxpayers funding the Council's continued administrative costs, borne by the Department of Homeland Security. Disaster-affected communities whose FEMA-related concerns remain under review rather than acted upon. Members of Congress who may prefer legislative rather than executive-branch-led review of FEMA.
Supporters argue
Supporters argue that a thorough, independent review of FEMA requires adequate time to produce a credible report, and that the President's Article II authority to manage the executive branch fully encompasses extending an advisory council tied to that review. They contend that allowing the Council to expire before completing its report would waste prior work and delay potentially important improvements to the nation's emergency management system.
Opponents argue
Opponents argue that repeatedly extending an advisory council by executive order — rather than acting on findings already gathered — may signal an intent to delay or control the outcome of the review. They contend that a meaningful assessment of a major federal agency should involve congressional oversight and public accountability mechanisms beyond what an executive-appointed advisory body can provide.
Constitutional basis
Executive orders rest on constitutional authority or statutory delegation. This summary describes the legal grounding cited or implied by the order.
Authority is grounded in the Article II Vesting Clause and Take Care Clause, which grant the President broad power to manage and direct the executive branch. The order also cites Chapter 10 of Title 5, U.S. Code (the Federal Advisory Committee Act), which is the statutory framework governing the establishment, operation, and termination of federal advisory committees and delegates relevant administrative functions to the executive.