Executive Order 14397 explained · Executive Order · No disposition noted
Further Continuance of the Federal Emergency Management Agency Review Council
Signed: 2026-03-24 Published: 2026-03-27 Federal Register document: 2026-06075
Agencies: Executive Office of the President
Federal Register notes (as of 2026-10-19): See: EO 14180, January 24, 2025 Supersedes (in part): EO 14378, January 23, 2026
What Executive Order 14397 says
Federal Register, Volume 91 Issue 59 (Friday, March 27, 2026) [Federal Register Volume 91, Number 59 (Friday, March 27, 2026)] [Presidential Documents] [Pages 15509-15510] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-06075] Presidential Documents Federal Register / Vol. 91, No. 59 / Friday, March 27, 2026 / Presidential Documents [[Page 15509]] Executive Order 14397 of March 24, 2026 Further Continuance of the Federal Emergency Management Agency Review Council 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...
Opening of the official text; read it in full in the Federal Register.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-14
SI-generated grade · five published checks · not individually reviewed by a person · methodology
This executive order merely continues an existing advisory council for a short, defined period, operating under the Federal Advisory Committee Act. It does not expand federal power, restrict rights, or take property. The action is administrative and procedural, fully consistent with the President's executive authority and the Constitution.
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✓ Passes · Enumerated powers
The President has inherent executive authority under Article II, Section 1, Clause 1 to manage the executive branch, including establishing and continuing advisory committees. The order explicitly invokes the Federal Advisory Committee Act (5 U.S.C. ch. 10), which is a valid exercise of Congress's power under Article I, Section 8, Clause 18 to make laws necessary and proper for executing executive… -
✓ Passes · Bill of Rights
The order does not implicate any provision of the Bill of Rights. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, trial rights, jury rights, cruel and unusual punishment, unenumerated rights, or reserved powers. It is purely administrative. -
✓ Passes · Individual sovereignty
The order imposes no restrictions on individual conduct, property, speech, labor, or belief. It merely continues a federal advisory council. There is no burden on individual liberty, and no compelling justification is needed because no individual right is affected. -
✓ Passes · Decentralization
The order concerns a federal advisory council reviewing a federal agency (FEMA). This is inherently a federal function that cannot be handled by individuals, local communities, or states. The action does not consolidate decision-making upward; it maintains the status quo of an existing federal review process. All four questions are answered appropriately. -
✓ Passes · Due process and takings
The order does not deprive any person of life, liberty, or property, nor does it take private property. It does not bypass any procedural or substantive due process requirements. The order explicitly states it creates no enforceable rights, which is standard for administrative orders and does not violate due process.
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What should happen instead
“VFA SI Solution”
Executive Order Continuing the Federal Emergency Management Agency Review Council with Defined Term, Funding Cap, and Oversight
To extend the existence and operations of the Federal Emergency Management Agency Review Council for continued evaluation of FEMA's emergency management practices and recommendations for improvements.
Bipartisan rationale: Democrats honor disaster preparedness and accountability (post-hurricane reviews); Republicans value fiscal caps, sunset to curb executive creep, and IG oversight without new spending. Both sides uphold separation of powers via congressional reporting over open-ended unilateral action.
Article II, Section 3 Article I, Section 9, Clause 7 Article I, Section 8, Clause 18
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