; and (II) has items or equipment identical or similar to the eligible defense items otherwise to be transferred. (ii) A local educational agency that is served by one or more State or local law enforcement agencies that are unaffiliated with the local educational agency if no such serving agency will agree to store and maintain the eligible defense items for the local educational agency. (B) Limitation on use of funds The regulations for purposes of this section shall provide that a local educational agency transferred an eligible defense item under this section may not use funds of the local educational agency— (i) to transport the item to the district of the local educational agency; or (ii) to maintain the item. (10) Prohibition on requirement for timely use of transferred items The regulations for purposes of this section may not require the use of an eligible defense item transferred under this section within one year of the receipt of the item by the State or local law enforcement agency concerned. (h) National security exception for transfer of certain controlled defense items not treatable as eligible defense items (1) Threats to national security The regulations for purposes of this section under subsection (g) shall permit the transfer of a controlled defense item that is not treated as an eligible defense item for purposes of this section if— (A) there is an actionable threat to national security