I 111th CONGRESS 2d Session H. R. 6347 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.

1.

Short title

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

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.

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.

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).