; 116 Stat. 2135) is amended by inserting after the item relating to section 2008 the following: Sec. 2009. Use of funds by law enforcement. . 1049. Modification of authority to transfer Department of Defense property for law enforcement activities (a) Restatement and modification of current authority for transfer for State and local law enforcement activities Section 2576a of title 10, United States Code, is amended to read as follows: 2576a. Excess personal property: sale or donation of certain controlled defense items for State or local law enforcement activities (a) Transfer authorized Notwithstanding any other provision of law and subject to the provisions of this section, the Secretary of Defense may transfer to State and local law enforcement agencies for law enforcement activities controlled defense items of the Department of Defense, including small arms and ammunition, that are determined in accordance with subsection (f) to be eligible defense items for purposes of this section. (b) No transfer of items requested by Federal agencies An item may not be transferred under this section if requested for transfer by a Federal agency under section 2576b of this title. (c) Conditions for transfer The Secretary of Defense may transfer items under this section only if— (1) the items are drawn from existing stocks of the Department of Defense; (2) the recipient accepts the items 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; (4) all costs incurred subsequent to the transfer of the items are borne or reimbursed by the recipient