[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6347 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6347

  To make certain entities ineligible to contract with any agency or 
instrumentality of a State or local government for any high-speed rail 
   project that is funded, either partially or fully, by the Federal 
                              Government.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2010

   Mr. Klein of Florida (for himself and Mr. Deutch) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
  To make certain entities ineligible to contract with any agency or 
instrumentality of a State or local government for any high-speed rail 
   project that is funded, either partially or fully, by the Federal 
                              Government.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Holocaust Accountability and 
Corporate Responsibility Act of 2010''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Substantial Federal funding, including roughly $8 
        billion through the American Recovery and Reinvestment Act 
        (Public Law 111-5), has been or will be awarded to various 
        States to make high-speed rail in the United States a reality. 
        Significant additional Federal funding for high-speed rail is 
        anticipated in the coming years.
            (2) Design, engineering, construction, operation, and 
        maintenance of the rail lines, among other responsibilities, 
        will be provided by any number of entities following 
        competitive bidding processes at the various State levels.
            (3) High-speed rail offers tremendous economic, 
        environmental, and other benefits. Specifically, high-speed 
        rail will reduce travel time between population centers, remove 
        millions of tons of carbon and other greenhouse gasses from the 
        atmosphere, and provide jobs in engineering, construction, 
        operations, maintenance, and other areas.
            (4) Given the substantial amount of Federal funds involved, 
        it is critical that proper due diligence be performed on 
        prospective bidders and it is imperative that companies 
        receiving such Federal funds represent our shared commitment to 
        human rights, respect, decency, and corporate ethics and 
        responsibility.
            (5) Certain entities that have expressed an interest in 
        competing for high-speed rail grants in a number of States have 
        engaged in conduct which requires public disclosures and 
        scrutiny.
            (6) Between March 1942 and August 1944, 75,000 Jews and 
        thousands of other ``undesirables'' were deported from France 
        to extermination and death camps on trains operated for profit 
        by certain companies that have expressed an intent to compete 
        for contracts relating to high-speed rail projects. United 
        States airmen who were shot down over France were among the 
        persons deported on these trains to those extermination and 
        death camps such as Auschwitz and Buchenwald.
            (7) Tragically, the victims who were on these trains, many 
        of whom now reside in the United States, and their families 
        have yet to receive any measure of justice. Nonetheless, these 
        victims and their families are facing the prospect that their 
        Federal tax dollars may be awarded to a company responsible for 
        transporting them and their loved ones to extermination and 
        death camps for profit.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Direct involvement.--The term ``direct involvement'' 
        means ownership or operation of the trains on which individuals 
        were deported to extermination camps, death camps, or any 
        facility used for the purpose of transiting individuals to 
        extermination or death camps, during the period beginning on 
        January 1, 1942, and ending on December 31, 1944.
            (2) Entity.--
                    (A) In general.--The term ``entity'' means any 
                corporation, affiliate, or other entity that controls, 
                is controlled by or is under common control with, or 
                that is a member of a partnership or a consortium with, 
                an entity that certifies that it had any direct 
                involvement described in section 4(a).
                    (B) Presumption of control.--An entity shall be 
                presumed to be in control of another corporation or 
                entity if it directly or indirectly controls more than 
                50 percent of the voting securities of the other 
                corporation or entity.
                    (C) Equity interest by foreign state.--Such term 
                shall apply irrespective of whether or not any equity 
                interest in the entity is or was owned by a foreign 
                state or government, and if an equity interest in the 
                entity is or was owned by such a foreign state, such 
                term shall refer to the corporate entity itself and not 
                to such foreign state.
            (3) Property.--The term ``property'' means any personal 
        belongings owned or controlled by the victims of the 
        deportations which may have been taken or confiscated in 
        connection with the deportations, including jewelry, books, 
        artifacts, precious metals, and currency.
            (4) Records.--The term ``records'' includes any documents, 
        correspondence, memoranda, receipts, invoices, presentations, 
        audits, and any other related materials.
            (5) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.

SEC. 4. CERTAIN ENTITIES INELIGIBLE FOR FEDERALLY FUNDED HIGH-SPEED 
              RAIL CONTRACTS.

    (a) In General.--Any entity that applies for a contract with any 
agency or instrumentality of a State or local government for any high-
speed rail project (including the design, engineering, construction, 
manufacture, or operation of a high-speed rail network or any 
components thereof) that is funded, either partially or fully, by the 
Federal Government shall certify to such agency, in advance of 
submitting a formal bid to such agency, whether or not such entity had 
any direct involvement in the deportation of any individuals to 
extermination camps, death camps, or any facility used for the purpose 
of transiting individuals to extermination or death camps, during the 
period beginning on January 1, 1942, and ending on December 31, 1944.
    (b) Disclosures.--If an entity certifies that it had any direct 
involvement described in subsection (a), the entity shall certify and 
disclose to the agency or instrumentality of a State or local 
government the following:
            (1) Whether the entity has any records related to the 
        deportations in its possession, custody, or control. If an 
        entity acknowledges that it has any such records, it shall 
        describe in detail the full contents of such records and the 
        specific locations where such records are maintained.
            (2) Whether the entity has any property taken or 
        confiscated in connection with such deportations in its 
        possession, custody or control. If an entity acknowledges that 
        it has any such property, it must describe in detail the 
        specific property in its possession, custody, or control and 
        the specific locations where such property is maintained. If 
        such entity does not have any such property in its possession, 
        custody, or control, such entity must describe in detail the 
        point in time and the manner in which the entity disposed of or 
        converted the property.
            (3) Whether the entity has provided restitution and 
        reparations to all identifiable victims of the deportations 
        described in subsection (a) or to their families, and whether 
        the entity has otherwise reached a settlement agreement with 
        all identifiable victims of such deportations or their 
        families.
    (c) Mitigating Circumstances.--Any entity that certifies that it 
had any direct involvement described in subsection (a) may, at its own 
discretion, provide any mitigating circumstances in narrative and 
documentary form and include such narrative and documentary in its 
disclosures.
    (d) Ineligibility.--Any entity that certifies that it had any 
direct involvement described in subsection (a) shall be ineligible to 
be awarded a contract with any agency or instrumentality of a State or 
local government for any high-speed rail project described in such 
subsection if such entity has failed to make restitutions and 
reparations or reach a settlement agreement as described in subsection 
(b)(3).
                                 <all>