EO 13896Executive OrderTrump 45 · R

Executive Order 13896

Commission on Law Enforcement and the Administration of Justice

This executive order establishes a presidential commission to study law enforcement and criminal justice issues, with a mandate to produce recommendations on crime reduction, officer safety and training, police-community relations, and the role of social services in addressing factors like mental illness and homelessness. The commission is directed to deliver its report within one year, after which it will terminate within 90 days unless extended.

Impact dates

  1. Commission terminates (90 days after submitting report to Attorney General, unless extended by President)

  2. Commission submits report and recommendations to Attorney General

Key directives

  • Attorney General shall establish Commission on Law Enforcement and the Administration of Justice
  • Commission shall study law enforcement and criminal justice issues and make recommendations to Attorney General
  • Commission shall submit report to Attorney General no later than 1 year from date of order
  • Attorney General shall submit report and recommendations to President no later than 60 days after receiving Commission report
  • Commission shall terminate no later than 90 days after submitting report unless extended by President
  • Commission shall recommend only practical and concrete actions for federal, state, local, and tribal entities
  • Agency heads shall provide reasonable access to information upon Chair's request
  • Agency heads may detail personnel to Commission upon Attorney General's request

Who is ordered

Timeline

Immediate

  • Attorney General establishes Commission and designates chair
  • Attorney General determines commission composition and procedures

Near term (90d)

  • Commission begins study of law enforcement and criminal justice issues
  • Commission may host listening sessions and solicit stakeholder input

Long term

  • Commission submits report to Attorney General by October 28, 2020
  • Attorney General submits report to President by December 27, 2020
  • Commission terminates by January 26, 2021 unless extended by President

Risks & tensions

  • Advisory commission with no direct enforcement authority; recommendations are non-binding
  • Vague scope allows broad Attorney General discretion over commission focus and membership
  • Provision on 'refusals by State and local prosecutors to enforce laws' (Sec. 3(a)(iv)) touches on federalism tensions and prosecutorial independence
  • Subject to 'availability of appropriations' (Sec. 6(b)), creating funding uncertainty
  • Qualified opportunity zones provision (Sec. 3(a)(iii)) may mix economic development with criminal justice policy in contested ways
Executive Order 13896: Commission on Law Enforcement and the Administration of Justice · Executive Orders