TRANSFER OF EXCESS PERSONAL PROPERTY TO SUPPORT LAW ENFORCEMENT ACTIVITIES.

SEC. 1033. TRANSFER OF EXCESS PERSONAL PROPERTY TO SUPPORT LAW ENFORCEMENT ACTIVITIES. (a) Transfer Authority.— (1) Chapter 153 of title 10, United States Code, is amended by inserting after section 2576 the following new section: “§ 2576a. Excess personal property: sale or donation for 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 Federal and State agencies personal property of the Department of Defense, including small arms and ammunition, that the Secretary determines is— “(A) suitable for use by the agencies in law enforcement activities, including counter-drug and counter-terrorism activities; and “(B) 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 or 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; and 110 STAT. 2640 “(4) all costs incurred subsequent to the transfer of the property are borne or reimbursed by the recipient. “(c) Consideration.— Subject to subsection (b)(4), the Secretary may transfer personal property under this section without charge to the recipient agency. “(d) Preference for Certain Transfers.— In considering applications for the transfer of personal property under this section, the Secretary shall give a preference to those applications indicating that the transferred property will be used in the counter-drug or counter-terrorism activities of the recipient agency.”. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2576 the following new item: “2576a. Excess personal property: sale or donation for law enforcement activities.”. (b) Conforming Amendments.— (1) Section 1208 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 10 U.S.C. 372 note) is repealed. (2) Section 1005 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1630) is amended by striking out “section 1208 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (10 U.S.C. 372 note) and section 372” and inserting in lieu thereof “sections 372 and 2576a”.