; and (2) by inserting after section 2576a (as amended by subsection (a)) the following new sections: 2576b. Excess personal property: sale or donation of certain non-controlled defense items for State or local law enforcement activities (a) Transfer authorized (1) Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Defense may transfer to State agencies personal property of the Department of Defense that the Secretary determines is— (A) not a controlled defense item, an eligible defense item, or an item specified in section 2576a(g)(4)(B) of this title; (B) suitable for use by State agencies in law enforcement activities, including counter-drug and counter-terrorism activities; and (C) excess to the needs of the Department of Defense. (2) The Secretary shall carry out this section in consultation with the Attorney General and the Director of National Drug Control Policy. (b) Conditions for transfer The Secretary of Defense may transfer personal property under this section only if— (1) the property is drawn from existing stocks of the Department of Defense; (2) the recipient accepts the property on an as-is, where-is basis; (3) the transfer is made without the expenditure of any funds available to the Department of Defense for the procurement of defense equipment