Council to Assess the Federal Emergency Management Agency - Recent Updates

January 2025

• Executive Order Establishes the Council: A new Executive Order was issued in January 2025, formally establishing the "Council to Assess the Federal Emergency Management Agency."
  • Purpose: The council's primary goal is to conduct a comprehensive review of FEMA's operations, particularly its disaster response over the past four years. The review aims to identify areas for improvement, recommend structural changes, and enhance national resilience.
  • Composition: The council is designed to include up to 20 members. These members will encompass high-ranking federal officials such as the Secretary of Homeland Security and the Secretary of Defense, heads of relevant agencies, and individuals appointed by the President who are considered distinguished in related fields.
  • Scope of Review: The council's mandate is broad, including:
    • Evaluating FEMA's disaster response performance over the last four years.
    • Comparing FEMA's responses to those of state, local, and private sector entities.
    • Analyzing public and expert commentary on FEMA's role within the federal system.
    • Reviewing the historical context of federal disaster aid.
    • Assessing the traditional roles of states in disaster response.
    • Evaluating FEMA's overall effectiveness in fulfilling its mission.
  • Reporting Structure: The council is tasked with advising the President through several key advisors: the Assistant to the President for National Security Affairs, the Assistant to the President for Homeland Security, and the Director of the Office of Management and Budget.

Early February 2025 (Ongoing)

• Concerns Regarding Politicization and Bias: Following the announcement of the Executive Order, concerns have emerged regarding the potential for political influence and bias in the council's operations.

  • Political Motivation: The Executive Order itself raises questions by referencing concerns about political bias within FEMA, citing an unverified claim. This has led to speculation that the council's formation may be politically motivated, potentially leading to a predisposed review process.
  • Composition and Bias: The President's appointment power for non-federal council members raises concerns about potential bias in the council's composition. It is feared that appointees could be selected to support pre-determined conclusions.
  • Scope and Focus: The extensive scope of the review, while comprehensive, could dilute the council's focus on identifying and addressing specific operational inefficiencies within FEMA.
  • Lack of Independent Oversight: The council's reporting structure, which channels directly to presidential advisors without explicit provisions for independent oversight, has been noted as a potential weakness in ensuring impartiality and transparency.

• Citizen Action and Monitoring Initiated: In response to the establishment of the council and the associated concerns, citizen action and monitoring efforts are being organized. Key actions include:

  • Monitoring Agency Actions: Civil society groups and concerned individuals are actively monitoring FEMA's website and the Federal Register for any notices or actions related to the implementation of the Executive Order and the council's activities.
  • Public Comment Engagement: Plans are being made to engage in public comment processes should FEMA or other relevant agencies initiate rule-making or policy changes as a result of the council's recommendations.
  • Freedom of Information Act (FOIA) Requests: Organizations are preparing to submit FOIA requests to FEMA and the Department of Homeland Security to gain access to information about the council's operations, member selection, and potential biases influencing its work.
  • Support for Legal Challenges: Collaboration with legal organizations, including groups like the ACLU, NAACP Legal Defense Fund, and others specializing in constitutional and administrative law, is being considered to support potential legal challenges to the Executive Order or the council's actions, should they be deemed necessary.
  • Advocacy for Legislative Oversight: Efforts are underway to advocate for legislative reforms aimed at strengthening congressional oversight of executive branch activities, particularly concerning bodies like the FEMA Review Council.

Note: As of February 7, 2025, concrete updates on the council's activities, such as meeting schedules, member appointments beyond statutory members, interim findings, or specific policy proposals, are not yet publicly available. Monitoring efforts are ongoing to track further developments.