AI Consensus Solution
Executive Order Continuing the Federal Emergency Management Agency Review Council with Defined Term, Funding Cap, and Oversight
Mode: Executive Action
Model: x-ai/grok-4.1-fast
Drafted: 2026.05.15
Unilateral Presidential action
Further Continuance of the Federal Emergency Management Agency Review Council
Executive Order
Type
Executive Order
EO number
—
Signed
2026-03-27
“AI Consensus” · Working Draft
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.
Constitutional concerns with the original
- Repeated unilateral extensions risk testing Article II boundaries without statutory anchor; potential Article I, Section 9, Clause 7 issue if drawing on unappropriated funds without clear limits.
Solution text
By the authority vested in me as President by the Constitution and the laws of the United States of America, including Article II, Section 3, which requires faithful execution of the laws, and section 7103(b)(1) of title 5, United States Code, regarding advisory committees, it is hereby ordered as follows:
Section 1. Continuation. The Federal Emergency Management Agency Review Council, originally established to assess FEMA operations, is continued for five years from the date of this order. The Council shall consist of 12 members: four appointed by the Secretary of Homeland Security, three by the FEMA Administrator, two each from Senate and House Homeland Security Committees (one Democrat, one Republican per chamber), and one from the DHS Inspector General. Duties include annual reports on FEMA efficiency, disaster response gaps, and cost-saving measures, delivered to the President, Congress, and DHS.
Section 2. Funding and Resources. Operations shall use discretionary funds appropriated to the Department of Homeland Security under the Stafford Act (42 U.S.C. 5121 et seq.), not to exceed $10 million per year or $50 million total. No new appropriations required; excess funds revert to Treasury.
Section 3. Oversight and Sunset. The DHS Inspector General shall conduct biennial audits, reporting to congressional oversight committees. Homeland Security and Governmental Affairs Committees (Senate) and Homeland Security Committee (House) receive all reports. This order sunsets after five years unless renewed by subsequent order.
Section 4. Judicial Review and Enforcement. Actions under this order are reviewable under the Administrative Procedure Act (5 U.S.C. 701 et seq.) in U.S. District Court for the District of Columbia, with appeals to the D.C. Circuit. The DHS Secretary enforces compliance; violations trigger immediate Council termination.
Operative provisions
funding source
Discretionary funds appropriated to Department of Homeland Security under Stafford Act (42 U.S.C. 5121 et seq.)
funding amount
$10 million annually, capped at $50 million total
sunset years
5
oversight body
DHS Inspector General, with reports to Senate Homeland Security and Governmental Affairs Committee and House Homeland Security Committee
enforcement mechanism
DHS Secretary directs compliance; Inspector General audits and reports violations to President and Congress
judicial review path
Administrative Procedure Act review in U.S. District Court for the District of Columbia, appealable to D.C. Circuit Court of Appeals
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.
Constitutional citations
- → Article II, Section 3
- → Article I, Section 9, Clause 7
- → Article I, Section 8, Clause 18
Vote-count path
N/A — properly executive.
Drafted by the OpenOS AI legislature · x-ai/grok-4.1-fast · 2026.05.15 06:02 UTC · ← Back to the Republic