Page:United States Statutes at Large Volume 103 Part 2.djvu/121

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PUBLIC LAW 101-165—NOV. 21, 1989 103 STAT. 1131 possessions cannot be procured as and when needed at United States market prices and except procurements outside the United States in support of combat operations, procurements by vessels in foreign waters, and emergency procurements or procurements of perishable foods by establishments located outside the United States for the personnel attached thereto: Provided, That nothing herein shall preclude the procurement of specialty metals or chemical warfare protective clothing produced outside the United States or its posses- sions when such procurement is necessary to comply with agree- ments with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements or where such procurement is necessary in furtherance of agreements with foreign governments in which both governments agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, so long as such agreements with foreign governments comply, where applicable, with the requirements of section 36 of the Arms Export Control Act and with section 2457 of title 10, United States Code: Provided further. That nothing herein shall preclude the procurement of foods manufactured or processed in the United States or its posses- sions. SEC. 9010, During the current fiscal year and hereafter, appropria- tions available to the Department of Defense for pay of civilian employees shall be available for uniforms, or allowances therefor, as authorized by section 5901 of title 5, United States Code. International agreements. Business and industry. Agriculture and agricultural commodities. Government organization and employees. 10 USC 1593 note. (TRANSFER OF FUNDS) SEC. 9011. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $3,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) be- tween such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, TTiat such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by Congress: Provided further. That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority. (TRANSFER OF FUNDS) SEC. 9012. During the current fiscal year, cash balances in work- ing capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disburse- ments to be made from such funds: Provided, That transfers may be made between such funds in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Manage- ment and Budget, except that transfers between a stock fund ac- count and an industrial fund account may not be made unless the