Responsible Law Enforcement Acquisition Act of 2016

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. 1. Short title This Act may be cited as the Responsible Law Enforcement Acquisition Act of 2016 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 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 (1) (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 (b) Repeal of preference for certain transfers Subsection (d) of such section is repealed.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 2576a. Excess personal property: auction for law enforcement activities. . 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.

Summary: 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.