| 1 | Representative Sands offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 2525 and 2526, insert: |
| 5 | Section 74. (1) Any entity that applies for a contract |
| 6 | with the Department of Transportation or any other agency or |
| 7 | instrumentality of the state or a local government for any rail |
| 8 | project, including, but not limited to, the design, engineering, |
| 9 | construction, manufacture, or operation of a rail network or any |
| 10 | components thereof, that is either partially or fully publicly |
| 11 | funded shall, in advance of submitting a formal bid to the |
| 12 | agency, certify to the agency whether or not such entity had any |
| 13 | direct involvement in the deportation of any individual to |
| 14 | extermination camps, death camps, or any facility used for the |
| 15 | purpose of transiting individuals to extermination or death |
| 16 | camps during the period beginning on January 1, 1939, and ending |
| 17 | on December 31, 1944. |
| 18 | (2) If an entity certifies that it had any direct |
| 19 | involvement described in subsection (1), the entity shall, in |
| 20 | advance of submitting a formal bid to the agency, disclose to |
| 21 | the agency or instrumentality of the state or local government |
| 22 | the following: |
| 23 | (a) Whether the entity has any records related to the |
| 24 | deportations in its possession, custody, or control, as well as |
| 25 | the specific locations where such records are maintained, |
| 26 | including the full contents and addresses of any archives or any |
| 27 | other locations where the entity maintains records. |
| 28 | 1. If an entity acknowledges that it has any such records, |
| 29 | it shall provide a detailed index of such records by location, |
| 30 | including, but not limited to, a list of moneys received for |
| 31 | such deportations broken down by individual convoys and persons |
| 32 | and a full accounting of every piece of property taken or |
| 33 | confiscated in connection with the deportations. |
| 34 | 2. If the entity does not currently have in its custody or |
| 35 | control any or all of the property taken or confiscated in |
| 36 | connection with the deportations, the entity shall describe in |
| 37 | detail the point in time and the manner in which the entity |
| 38 | disposed of or converted the property, any property exchanged |
| 39 | for the expropriated property currently owned or operated by the |
| 40 | entity, any property presently owned or derived from the |
| 41 | expropriated property, and any other derivative or traceable |
| 42 | property remaining in the entity's possession, custody, or |
| 43 | control as a result of such actions. |
| 44 | 3. If any records related to the deportation of |
| 45 | individuals during the Holocaust have been made public, the |
| 46 | entity shall confirm that the materials made available for |
| 47 | public review constitute any and all such records, including, |
| 48 | but not limited to, correspondence, receipts, invoices, |
| 49 | presentations, audits, confiscated property, and any other |
| 50 | relevant materials, regardless of the date created or attained. |
| 51 | (b) Whether the entity itself has provided restitution or |
| 52 | reparations to all identifiable victims of those deportations. |
| 53 | If an entity represents that such restitution or reparations |
| 54 | have been provided, the entity shall disclose in detail and |
| 55 | provide a list of individuals and heirs and the amount of such |
| 56 | restitution or reparations provided by such entity. |
| 57 | (3) All of the disclosures described in subsection (2) |
| 58 | shall be considered as a factor in the award of any and all rail |
| 59 | contracts and grants. |
| 60 | (4) As used in this section, the term: |
| 61 | (a) "Direct involvement" means ownership or operation of |
| 62 | the trains on which individuals were deported to extermination |
| 63 | camps, death camps, or any facility used for the purpose of |
| 64 | transiting individuals to extermination or death camps, during |
| 65 | the period beginning on January 1, 1939, and ending on December |
| 66 | 31, 1944. |
| 67 | (b) "Entity" means any corporation, affiliate, or other |
| 68 | entity that controls, is controlled by or is under common |
| 69 | control with, or is a member of a partnership or a consortium |
| 70 | with an entity that certifies that it had any direct involvement |
| 71 | described in paragraph (a). An entity is presumed to be in |
| 72 | control of another corporation or entity if it directly or |
| 73 | indirectly controls more than 50 percent of the voting |
| 74 | securities of the other corporation or entity. The term applies |
| 75 | irrespective of whether or not any equity interest in the entity |
| 76 | is or was owned by a foreign government, and, if an equity |
| 77 | interest in the entity is or was owned by a foreign government, |
| 78 | the term refers to the corporate entity itself and not to the |
| 79 | foreign government. |
| 80 | (c) "Property" means any personal belongings owned or |
| 81 | controlled by the victims of the deportations which may have |
| 82 | been taken or confiscated in connection with the deportations, |
| 83 | including, but not limited to, jewelry, books, artifacts, |
| 84 | precious metals, and currency. |
| 85 | (d) "Records" includes, but is not limited to, any |
| 86 | documents, correspondence, memoranda, receipts, invoices, |
| 87 | presentations, audits, and any other related materials. |
| 88 |
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| 89 |
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| 90 | ----------------------------------------------------- |
| 91 | T I T L E A M E N D M E N T |
| 92 | Remove line 186 and insert: |
| 93 | changes made by the act; requiring an entity that applies for a |
| 94 | contract for any rail project to disclose certain information |
| 95 | relating to its involvement in certain actions during World War |
| 96 | II; requiring the disclosure to be considered in the award of |
| 97 | any and all rail contracts and grants; providing definitions; |
| 98 | providing effective dates. |