Holocaust Accountability and Corporate Responsibility Act of 2010 - Prescribes a certification requirement for certain entities that apply to a state or local government agency for a contract for a federally-funded high-speed rail project.
Defines such an entity as a corporation, affiliate, or other entity that controls, is controlled by, or is a member of a partnership or a consortium with, an entity that certifies it had direct involvement in the ownership or operation of the trains on which individuals were deported to extermination camps, death camps, or any facility used to transit individuals to extermination or death camps, between January 1, 1942, and December 31, 1944.
Requires such an entity to certify to such agency: (1) whether or not it had any such direct involvement; and (2) if so, to disclose whether it has records, taken property, or made restitution to the victims or their families in connection with such deportations.
Prohibits the award of any contract for a high-speed rail project to any entity certifying direct involvement in such deportations that has failed to make restitution to such victims or their families.
[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>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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