Page:United States Statutes at Large Volume 105 Part 1.djvu/194

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105 STAT. 166 PUBLIC LAW 102-28—APR. 10, 1991 President. President. Reports. President. Reports. for the use of the Armed Forces of the United States or the use of the armed forces of any other member country of the multinational coalition participating in Operation Desert Storm shall, to the maximum extent practicable, be removed from the Middle East to the United States or to any United States military installation outside the United States and the Middle East as soon as practicable in conjunction with the removal of such forces of the Armed Forces of the United States from the Middle East. (b) The construction equipment and construction materials referred to in subsection (a) are construction equipment and construction materials used in the construction of military facilities for the Armed Forces of the United States in the Middle East in connection with Operation Desert Storm. (c) Subsection (a) does not apply to any equipment, supply, or material that— (1) is to be transferred to a foreign government under the provisions of subsection (e); or (2) has negligible value; or (3) is to remain under the control of United States forces in the region; or (4) is to be stored in the Middle East as prepositioned equipment and material for the use of the Armed Forces of the United States; or (5) has been expended, depleted, or rendered unusable; or (6) has been formally notified to Congress prior to March 20, 1991, under the Arms Export Control Act. (d) The President should attempt to obtain reimbursement from the government of each country in the Middle East for the cost to the United States of materials referred to in subsection (a) that are not removed from that country because of impracticality. (e) Except as deemed essential by the Commander-in-Chief of the United States Central Command for the conduct of the war in the Persian Gulf prior to a permanent cease-fire, no equipment, supply, or material referred to in subsection (a) or which was captured from Iraq by United States forces in the context of Operation Desert Storm may be transferred to the government or any entity of any foreign country in the Middle East except as provided through the regular notification procedures of the Committees on Appropriations, the Committees on Armed Services, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate. (f) The President shall notify Congress of the proposed storage of any equipment, supply, or material referred to in subsection (a) in a prepositioned status referred to in subsection (c)(4). (g) The President shall report to the Committees on Appropriations and Armed Services of the House of Representatives and Senate sixty days after the enactment of this Act, on the quantity, condition, value, disposition, and manner of seizure of all enemy equipment falling under the control or the possession of the United States, as well as all enemy equipment falling under the control of allied forces, within the Desert Storm theater of operations. (h) For the purposes of this provision, the term "material" shall include all lethal and nonlethal instruments of war and their supporting elements, components and subcomponents. SEC. 108. (a) Not later than sixty days after the date of the enactment of this Act, the President shall submit to Congress a report, in both classified and unclassified forms, on the redeploy-