SENSE OF CONGRESS CONCERNING BUSINESSES SEEKING TO PARTICIPATE IN THE REBUILDING OF KUWAIT

SEC. 606. SENSE OF CONGRESS CONCERNING BUSINESSES SEEKING TO PARTICIPATE IN THE REBUILDING OF KUWAIT (a) Findings.— The Congress finds as follows: (1) The Armed Forces of the United States, together with allied forces, have successfully liberated Kuwait and have restored the independence of that nation. (2) During the occupation of Kuwait by Iraq, much damage was done to the infrastructure, environment, and industrial capacity of Kuwait, and rebuilding of Kuwait is desperately needed. (3) The principal test of a nation’s commitment to the liberation of Kuwait in the Persian Gulf conflict was its willingness to provide military forces for the liberation of Kuwait. (4) United States firms, including small and minority-owned businesses, have expressed a significant interest in participating in the rebuilding of Kuwait. (5) Small and minority-owned businesses face inherent difficulties in competing in foreign markets and in obtaining a share of contracts from foreign governments, particularly those contracts that are performed in distant parts of the world. (b) Sense of Congress Concerning Source Selection for Kuwait Contracts.— It is the sense of Congress that the Army Corps of Engineers and other Federal agencies should award contracts for the rebuilding of Kuwait, and, in recommending business firms to the Government of Kuwait for the award by it of such contracts, should encourage the Government of Kuwait to award such contracts, in accordance with the following priority: (1) First, to United States firms, including small and minority-owned businesses, that are committed to employing United States workers under the contract. (2) Second, to other United States firms. 105 STAT. 111 (3) Then, to firms from allied nations that committed military forces to the liberation of Kuwait during the Persian Gulf conflict. (c) Sense of Congress Concerning Selection of Subcontractors for Kuwait Contracts.— It is the sense of Congress that, when making recommendations to any contractor awarded a contract referred to in subsection (b) concerning the selection of firms for subcontracts under such contract, the Army Corps of Engineers shall encourage the contractor to select a firm or firms for the subcontract in accordance with the priority set out in subsection (b). (d) Sense of Congress Concerning Employees Under Kuwait Rebuilding Contracts.— It is the sense of Congress that any United States firm that receives a contract pertaining to the rebuilding of Kuwait— (1) should employ United States citizens to carry out the contract; and (2) should provide a preference to veterans of the Armed Forces in hiring for work on the contract. (e) Sense of Congress Concerning Small and Minority-Owned Business Participation in Kuwait Rebuilding Contracts.— It is the sense of Congress that— (1) the President, acting through the appropriate Government agencies (including particularly the agencies that will be engaged in source selections or source recommendations as described in subsection (b)), should take steps to provide assistance to United States small and minority-owned businesses seeking to be awarded contracts as part of the rebuilding of Kuwait; (2) the Administrator of the Small Business Administration and other appropriate Federal officials should conduct a public information campaign to advise small and minority-owned business firms with respect to contracts for the rebuilding of Kuwait; and (3) United States firms that are awarded contracts pertaining to the rebuilding of Kuwait should, to the maximum extent practicable, seek to award subcontracts for such contracts to United States small and minority-owned business firms. (f) Progress Reports.— (1) The President shall submit to Congress a report every four months with respect to contracting for the rebuilding of Kuwait. Each such report shall show, as of the submission of the report, the country of origin of all business firms awarded Kuwait rebuilding contracts by the Corps of Engineers and other Federal agencies and the country of origin of all business firms awarded subcontracts under such contracts and the other information specified in paragraphs (2) and (3). (2) The President shall include in each such report the same information (to the extent reasonably available) with regard to all business firms awarded Kuwait rebuilding contracts by the Government of Kuwait and all business firms that are subcontractors under those contracts. The President shall request the Government of Kuwait to provide to the United States, on an ongoing basis, information with respect to the country of origin of business firms to which it awards rebuilding contracts, the country of origin of firms awarded subcontracts under those contracts, and the information with respect to those contracts and subcontracts described in paragraph (3). (3) (A) Information in reports under paragraph (1) shall be shown by the number of firms from each such country and by the dollar 105 STAT. 112value of contracts and subcontracts awarded to firms from each such country. (B) Each such report shall also show (to the extent reasonably available) the number and percentage of contractors that are small businesses, and the number and percentage that are minority-owned businesses, among the total number of contracts awarded to United States. Each such report shall also show (to the extent reasonably available), with respect to each contract awarded to a United States firm, the number and percentage of persons employed (or expected to be employed) under the contract who are United States citizens, the number and percentage of all persons so employed (or expected to be so employed) who are United States citizens and are veterans, and the number of subcontractors under the contract that are small businesses and the number that are minority-owned businesses. (4) The first report under paragraph (1) shall be submitted not later than two months after the date of the enactment of this Act. The last such report shall be submitted 36 months after the first report.