Responsible Law Enforcement Acquisition Act of 2016

Responsible Law Enforcement Acquisition Act of 2016

This bill changes the program (known as the 1033 program) under which the Department of Defense (DOD) may transfer surplus military equipment to state and local law enforcement agencies at no cost to a program under which such property is transferred by auction and the proceeds are deposited in the Treasury.

The bill requires that the recipient be a state, local, or tribal law enforcement agency that is the high bidder at an auction that is open only to such agencies and is conducted by DOD or a DOD-contracted entity.

The program preference for property transfers for use in counter drug, counterterrorism, or border security activities is eliminated.

DOD is prohibited from transferring personal property to a recipient agency without charge.

The bill prohibits an executive agency from using available funds or fees to carry out or enforce any executive order, rule, regulation, or any other executive branch policy issued on or after January 16, 2015, that has the effect of establishing an interagency working group regarding: (1) the DOD transfer of personal property to state, local, or tribal law enforcement agencies; or (2) the use of such property.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6192 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 6192

   To amend title 10, United States Code, to permit the Secretary of 
   Defense to transfer excess personal property of the Department of 
 Defense to law enforcement agencies only by means of auction, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2016

 Mr. Sanford introduced the following bill; which was referred to the 
 Committee on Armed Services, and in addition to the Committee on the 
 Judiciary, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend title 10, United States Code, to permit the Secretary of 
   Defense to transfer excess personal property of the Department of 
 Defense to law enforcement agencies only by means of auction, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Responsible Law Enforcement 
Acquisition Act of 2016''.

SEC. 2. DISPOSAL OF EXCESS PERSONAL PROPERTY OF THE DEPARTMENT OF 
              DEFENSE BY MEANS OF AUCTION.

    (a) In General.--Section 2576a of title 10, United States Code, is 
amended--
            (1) in the heading by striking ``sale or donation'' and 
        inserting ``auction'';
            (2) by striking the period at the end of subsection (b)(6) 
        and inserting ``; and'';
            (3) by adding after subsection (b)(6) the following new 
        paragraph:
            ``(7) the recipient is a State, local, or tribal law 
        enforcement agency and is the high bidder at an auction, open 
        only to such agencies, for such personal property, conducted 
        by--
                    ``(A) the Secretary; or
                    ``(B) an appropriate entity with whom the Secretary 
                has entered into a contract to carry out this 
                paragraph.''; and
            (4) in subsection (c)--
                    (A) by striking ``Subject to subsection (b)(4), the 
                Secretary may'' and inserting ``(1) The Secretary may 
                not''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) The Secretary shall deposit the proceeds from an 
        auction conducted under subsection (b)(7) in the general fund 
        of the Treasury.''.
    (b) Repeal of Preference for Certain Transfers.--Subsection (d) of 
such section is repealed.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 153 of title 10, United States Code, is amended by striking the 
item relating to section 2576a and inserting the following:

``2576a. Excess personal property: auction for law enforcement 
                            activities.''.

SEC. 3. PROHIBITION ON USE OF FUNDS FOR CERTAIN WORKING GROUPS.

    Effective on the date of the enactment of this Act, none of the 
funds made available to, or funds or fees collected by, any Executive 
agency (as that term is defined in section 105 of title 5, United 
States Code) may be used to implement, administer, carry out, or 
enforce any Executive order or rule, regulation, action, directive, 
memorandum, or any other policy of the executive branch, issued on 
January 16, 2015, or any date thereafter, that has the effect of 
establishing an interagency working group regarding the transfer of 
personal property of the Department of Defense to State, local, or 
tribal law enforcement agencies, or the use of such property.
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