PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2639 SEC. 1032. AVAILABILITY OF FUNDS FOR CERTAIN DRUG INTERDIC- TION AND COUNTER-DRUG ACTIVITIES. (a) P-3B AIRCRAFT.—Of the funds authorized to be appropriated under section 301(19) for drug interdiction and counter-drug activities, not more than $98,000,000 may be used for the purpose of procuring or modifying two P-3B aircraft for use by departments and agencies of the United States outside the Department of Defense for drug interdiction and counter-drug activities. However, Certification, funds may not be obligated for such purpose until the Secretary of Defense submits to the congressional defense committees a certification that the procurement or modification of such aircraft and the use of such aircraft by other departments or agencies of the United States will significantly reduce the level of support that would otherwise be required of E-3 AWACS aircraft as part of the drug interdiction and counter-drug mission of the Department of Defense. (b) NONINTRUSIVE INSPECTION DEVICES.— Of the funds authorized to be appropriated under section 301(19) for drug interdiction and counter-drug activities, not more than $10,000,000 may be used to procure three nonintrusive inspection devices for use by departments and agencies of the United States outside the Department of Defense for drug interdiction and counter-drug activities. (c) AUTHORITY TO TRANSFER EQUIPMENT. —The Secretary of Defense may transfer to the head of Einy department or agency of the United States outside the Department of Defense any equipment procured or modified under this section with funds referred to in this section. 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 of Defense; "(2) the recipient accepts the property on an as-is, whereis 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
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