Further Continuance of the Federal Emergency Management Agency Review Council

Published: Tue 24th Mar 26

This Presidential Action orders the further continuance of the Federal Emergency Management Agency (FEMA) Review Council, established by Executive Order 14180 and continued by Executive Order 14378, extending its existence until 10 days after its required report submission or May 29, 2026, whichever is earlier.

The order additionally delegates the functions of the President related to the Federal Advisory Committee Act concerning this council to the Secretary of Homeland Security and explicitly supersedes the relevant sections of the prior continuation order, Executive Order 14378.

Arguments For

  • Ensures continuity of the review process initiated by the original Executive Order to assess FEMA's operations, which may be vital for ongoing preparedness and response efforts.

  • Centralizes administrative oversight under the Secretary of Homeland Security, streamlining management of the advisory council as per the Federal Advisory Committee Act (FACA).

  • Provides a definitive, albeit temporary, continuation period tied to the submission of a required report, creating a measurable endpoint for the council's review mandate.

Arguments Against

  • Extends the life of a review council beyond its initial mandate, potentially delaying necessary structural or operational changes within FEMA.

  • Reassigns performance of presidential functions under FACA to the Secretary of Homeland Security, which some may view as an overextension of executive delegation for advisory committee oversight.

  • Superseding a previous continuation order (E.O. 14378) introduces administrative complexity by revising established timelines and delegations shortly after the previous order's issuance.

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, established by Executive Order 14180 of January 24, 2025 (Council to Assess the Federal Emergency Management Agency), and continued by Executive Order 14378 of January 23, 2026 (Continuance of the Federal Emergency Management Agency Review Council), is further continued until 10 days after the report required under section 3(c) of Executive Order 14180 is submitted to the President, or May 29, 2026, whichever occurs first.

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.  Sections 1 and 2 of Executive Order 14378 are hereby superseded by sections 1 and 2 of this order.

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,

    March 24, 2026.

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