Continuance of the Federal Emergency Management Agency Review Council

Published: Sat 24th Jan 26

This Presidential Action continues the Federal Emergency Management Agency Review Council, which was initially established by Executive Order 14180, until March 25, 2026.

The order delegates the President's functions related to the Federal Advisory Committee Act, as they apply to the Council, to the Secretary of Homeland Security to perform in accordance with GSA guidelines.

The action, effective January 24, 2026, also includes standard provisions regarding statutory authority, funding availability, and assurances that the order does not create new enforceable legal rights.

Arguments For

  • Ensures the continuity of the review process established by Executive Order 14180 to assess the Federal Emergency Management Agency (FEMA), allowing for ongoing evaluation of agency operations and preparedness.

  • Centralizes administrative control over this advisory body under the Secretary of Homeland Security, streamlining oversight and ensuring alignment with the Department of Homeland Security's strategic goals.

  • Provides a defined endpoint (March 25, 2026) for the Council’s existence, imposing a necessary deadline for the review completion, thus promoting efficiency.

Arguments Against

  • Extending an advisory committee, even temporarily, involves continued expenditure of taxpayer funds and administrative burden for an agency already under review.

  • Transferring Presidential functions under the Federal Advisory Committee Act (FACA) to the Secretary of Homeland Security may conflict with traditional separation of powers regarding executive oversight or create potential conflicts of interest within the DHS leadership structure.

  • The order’s explicit disclaimer that it creates no new substantive or procedural rights could be challenged if the Council’s findings or recommendations are viewed as creating implicit expectations.

Presidential Actions

By the authority vested in me as President by the Constitution and the laws of the United States of America, and consistent with chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act), it is hereby ordered:

Section 1. The Federal Emergency Management Agency Review Council, created by Executive Order 14180 of January 24, 2025 (Council to Assess the Federal Emergency Management Agency), is continued until March 25, 2026. 

Sec. 2. Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act that are applicable to the Federal Emergency Management Agency Review Council shall be performed by the Secretary of Homeland Security, in accordance with the regulations, guidelines, and procedures established by the Administrator of General Services.

Sec. 3. This order shall be effective January 24, 2026.

Sec. 4.  General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d)  The costs for publication of this order shall be borne by the Department of Homeland Security.

 

DONALD J. TRUMP

THE WHITE HOUSE,

January 23, 2026.

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