01-31-2025

Council To Assess the Federal Emergency Management Agency

Executive OrderView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: Executive Order 14180, issued on January 24, 2025, establishes a council to conduct a full-scale review of the Federal Emergency Management Agency (FEMA). [Executive Order 14180, Sec. 1]

Money: The financial impact is not specified in a traditional CBO score. However, the order states that the Department of Homeland Security will provide funding and administrative support for the Council's activities, subject to existing appropriations. [Executive Order 14180, Sec. 4(c)] Members will not be compensated but may have travel expenses covered. [Executive Order 14180, Sec. 4(d)] The order also notes FEMA has obligated nearly $30 billion in disaster aid annually for the past three years. [Executive Order 14180, Sec. 1]

Your Impact: The average American's disaster response experience could change significantly based on the Council's recommendations, potentially leading to faster, more impartial aid, or a shift in how federal, state, and local governments coordinate during emergencies.

Status: Signed by the President on January 24, 2025, and scheduled for publication in the Federal Register on January 31, 2025. [Executive Order 14180] The Council is established and is required to hold its first meeting within 90 days of the order. [Executive Order 14180, Sec. 2, 3(e)]

What's Actually in the Bill

This executive order creates the Federal Emergency Management Agency Review Council to assess FEMA's effectiveness, competence, and impartiality. [Executive Order 14180, Sec. 1] The Council is tasked with advising the President on recommended improvements or structural changes to the agency. [Executive Order 14180, Sec. 3(a)]

Core Provisions:

  • Establishes the Council: Creates a Federal Emergency Management Agency Review Council composed of up to 20 members, including the Secretaries of Homeland Security and Defense as Co-Chairs. [Executive Order 14180, Sec. 2(a, b)]
  • Mandates a Comprehensive Review: The Council will assess FEMA's disaster response over the previous 4 years, compare its efficacy to state, local, and private sector efforts, and examine the historical context of disaster relief in the U.S. before FEMA's creation and before its inclusion in the Department of Homeland Security. [Executive Order 14180, Sec. 3(c)]
  • Investigates Specific Allegations: The review will address concerns of political bias, citing claims that FEMA managers directed staff to avoid assisting supporters of Donald J. Trump's presidential campaign. [Executive Order 14180, Sec. 1] It will also look into the diversion of FEMA resources, mentioning over a billion dollars spent on services for migrants. [Executive Order 14180, Sec. 1]
  • Requires a Public Report: The Council must solicit public comment and submit a final report to the President within 180 days of its first public meeting. [Executive Order 14180, Sec. 3(d, e)]
  • Termination: The Council will terminate 1 year from the date of the order unless extended by the President. [Executive Order 14180, Sec. 5]

Stated Purpose (from the Sponsors):

The stated purpose of the executive order is to address perceived failures in FEMA's recent disaster responses and to ensure the agency provides immediate, effective, and impartial aid to Americans. [Executive Order 14180, Sec. 1]

  1. Drastically improve FEMA's efficacy, priorities, and competence. [Executive Order 14180, Sec. 1]
  2. Address "serious concerns of political bias in FEMA." [Executive Order 14180, Sec. 1]
  3. Correct the agency's loss of mission focus, including the use of resources for non-disaster-related activities. [Executive Order 14180, Sec. 1]
  4. Recommend improvements or structural changes to promote the national interest and enable national resilience. [Executive Order 14180, Sec. 1]

Key Facts:

Affected Sectors: Emergency Management, Government, State and Local Governments.
Timeline: The Council must hold its first public meeting by late April 2025 and submit its report to the President by late October 2025. [Executive Order 14180, Sec. 3(e)]
Scope: The Council's review is national, examining FEMA's operations across the United States. [Executive Order 14180, Sec. 3(a)]

The Backstory: How We Got Here

Timeline of Events:

The Post-Katrina Era (2005-2017):

Following widespread criticism of its response to Hurricane Katrina in 2005, FEMA underwent significant reforms aimed at improving its coordination and effectiveness. The Post-Katrina Emergency Management Reform Act of 2006 expanded the agency's jurisdiction and operational authority. Despite these changes, debates continued about the proper role and structure of federal disaster response.

Escalating Disasters and Scrutiny (2017-2024):

The frequency and intensity of natural disasters have increased, with a near-record 90 major disaster declarations in 2024, almost double the 30-year average. This has placed immense strain on FEMA's resources and personnel. During this period, FEMA's handling of major events like Hurricane Helene drew both praise and criticism.

The Catalyst: Allegations of Bias and Inefficiency (2024-2025):

The immediate trigger for this executive order was the federal response to Hurricane Helene and other recent disasters. [Executive Order 14180, Sec. 1] This was compounded by several key issues:

  • Allegations of Political Bias: A whistleblower claimed that a FEMA supervisor directed staff to avoid homes displaying signs supporting Donald Trump's presidential campaign during hurricane relief efforts in Florida. In November 2024, Florida's Attorney General filed a lawsuit against FEMA officials over these allegations. Though FEMA terminated the employee, the supervisor alleged the practice was widespread, sparking a House Oversight Committee investigation. A subsequent internal FEMA probe in March 2025 found no evidence of a systemic issue, but the committee chairman applauded the agency for firing three additional employees.
  • Bureaucratic Delays: The response to catastrophic flooding in Texas in July 2025 was criticized for bureaucratic bottlenecks that slowed aid. A new rule requiring personal approval from the Homeland Security Secretary for contracts over $100,000 was cited as a cause for delay, which a former FEMA official claimed "cost lives."
  • Use of Funds for Migrant Assistance: The order criticizes FEMA for spending "well over a billion dollars to welcome illegal aliens." [Executive Order 14180, Sec. 1] This refers to the Shelter and Services Program (SSP), a reimbursement program administered by FEMA to assist local governments and nonprofits providing short-term shelter and services to migrants. While this program is funded separately from FEMA's Disaster Relief Fund, its association with the agency has been a point of political contention. The Trump administration has since repurposed some of this funding for the construction of immigrant detention facilities.

Why Now? The Political Calculus:

  • The executive order was issued just four days after the start of a new presidential administration, signaling it as a high priority.
  • The allegations of political discrimination against the president's supporters provided a powerful political motivation to launch a high-profile review of the agency.
  • Recent, deadly disasters like the Texas floods and Hurricane Helene created public pressure for a more effective and responsive federal emergency management system.
  • The order capitalizes on a narrative that the agency has become bloated, biased, and distracted from its core mission, which resonates with a political base skeptical of federal bureaucracy.

Your Real-World Impact

The Direct Answer: This directly affects specific groups, namely disaster survivors and state and local governments, but the long-term effects could impact all Americans by reshaping national disaster preparedness and response.

What Could Change for You:

Potential Benefits:

  • Faster Aid: If the Council's recommendations streamline bureaucracy, you could receive financial assistance or see debris cleared more quickly after a disaster.
  • Fairer Treatment: A successful reform of agency culture and oversight could reduce the possibility of aid being distributed based on political considerations.
  • More Local Control: The review emphasizes evaluating a state-led response model, which could give your local and state officials more say in recovery efforts. [Executive Order 14180, Sec. 3(c)(vi)]

Possible Disruptions or Costs:

Short-term (1-2 years):

  • Uncertainty During Review: While the Council conducts its review, there may be a period of uncertainty or transition within FEMA that could temporarily affect response coordination.
  • Shift in Funding Priorities: A change in focus could alter how funds are allocated, potentially reducing resources for programs like hazard mitigation or pre-disaster planning in favor of immediate response.

Long-term:

  • Reduced Federal Role: A shift toward state-led responses could mean the level and type of assistance you receive after a disaster depends more heavily on your state's resources and capabilities, leading to disparities.
  • Changes to Insurance: Recommendations could impact the National Flood Insurance Program, potentially changing premiums or coverage requirements.

Who's Most Affected:

Primary Groups: Disaster survivors, residents in disaster-prone areas (e.g., coastal Florida, Texas, California), and state/local emergency management agencies.
Secondary Groups: Taxpayers (who fund FEMA), private contractors involved in disaster recovery, and non-profit relief organizations.
Regional Impact: States frequently hit by major disasters, such as Florida, Texas, Louisiana, and California, will be most affected by any changes to FEMA's structure and operations.

Bottom Line: This executive order initiates a process that could fundamentally change how the federal government helps you and your community recover from a major disaster.

Where the Parties Stand

Republican Position: "Fixing a Broken and Biased Agency"

Core Stance: Republicans generally support the executive order, viewing it as a necessary step to reform an agency they see as inefficient, politically biased, and overstepping its mandate.

Their Arguments:

  • ✓ They support investigating the allegations of political discrimination against Trump supporters.
  • ✓ They agree with scrutinizing FEMA's spending on migrant services, arguing it diverts resources from its core mission. [Executive Order 14180, Sec. 1]
  • ⚠️ Some may have reservations about a purely state-controlled system, recognizing the need for a critical federal role in large-scale catastrophes.
  • ✗ They oppose what they describe as bureaucratic red tape and mission creep that delays aid to deserving Americans.

Legislative Strategy: The party will likely leverage the Council's findings to push for legislation that downsizes FEMA's role, shifts more responsibility to states, and imposes stricter oversight on its spending and activities.

Democratic Position: "A Politically Motivated Attack on a Vital Service"

Core Stance: Democrats are likely to view this executive order as a politically motivated effort to undermine a critical federal agency and settle political scores.

Their Arguments:

  • ✓ They would support efforts to make FEMA more efficient and effective.
  • ⚠️ They are concerned that the review is based on isolated incidents and will be used to justify gutting the agency, harming its ability to respond to increasingly frequent and severe disasters.
  • ✗ They oppose the narrative that FEMA is systemically biased, pointing to internal investigations that found no evidence of widespread wrongdoing.
  • ✗ They defend humanitarian aid programs for migrants, arguing they are funded separately and do not detract from the disaster relief fund.

Legislative Strategy: Democrats will likely defend FEMA's role and funding, arguing that a strong federal response is essential. They may try to counter the Council's findings by highlighting the complexity of disaster response and the need for more, not fewer, federal resources in the face of climate change.

Constitutional Check

The Verdict: ✓ Constitutional

Basis of Authority:

The President's authority to issue this executive order stems from the constitutional role as Chief Executive, overseeing the executive branch of the U.S. government.

The Constitution, Article II, Section 1: "The executive Power shall be vested in a President of the United States of America."
The Constitution, Article II, Section 3: "...he shall take Care that the Laws be faithfully executed..."

Constitutional Implications:

Executive Power: The President has broad authority to manage the operations of the executive branch, including establishing advisory councils to review the performance of federal agencies like FEMA. This order is a standard exercise of that power.
Appointments Clause: The order specifies that the President will appoint the non-federal members of the Council, which is consistent with the President's appointment powers. [Executive Order 14180, Sec. 2(b)]
Federalism: While the Council is tasked with evaluating the role of states in disaster response, the order itself does not alter the balance of power between the federal government and the states. [Executive Order 14180, Sec. 3(c)(v-vi)] Any legislative changes recommended by the Council would have to be passed by Congress.

Potential Legal Challenges:

It is highly unlikely that the executive order itself would face a successful legal challenge. The establishment of an advisory council is a well-precedented and legally sound presidential action. Legal challenges are more likely to arise from any subsequent laws or regulations that are based on the Council's recommendations, particularly if they are perceived to infringe upon individual rights or overstep federal authority.

Your Action Options

TO SUPPORT THIS REVIEW

5-Minute Actions:

  • Contact the White House: Express your support for a thorough and impartial review of FEMA. You can use the White House contact form online.
  • Share Information: Share news articles and the text of the executive order on social media to inform others about the review.

30-Minute Deep Dive:

  • Prepare Public Comment: Once the Council announces its public comment period, prepare a written statement with your experiences or recommendations regarding FEMA.
  • Follow Relevant Committees: Monitor the activities of the House Committee on Oversight and Accountability and the Senate Committee on Homeland Security and Governmental Affairs for hearings related to FEMA.

TO OPPOSE THIS REVIEW

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I am concerned that Executive Order 14180 is a partisan effort to weaken FEMA. I urge [Rep./Sen. Name] to ensure the agency remains fully funded and capable of responding to disasters."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper arguing that while FEMA may need reform, this review appears politically motivated and could jeopardize disaster response.
  • Join an Organization: Support non-profit organizations that advocate for robust, science-based emergency management and climate resilience policies.