article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Ireland Fair Employment Practices and Principles of Economic Justice Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) Currently, overall unemployment in Northern Ireland is approximately 13 percent, as compared to 9 percent in the rest of the United Kingdom. (2) Unemployment in the minority community in Northern Ireland is 16 percent (22 percent for males and 8 percent for females), and in some portions of the minority community unemployment has historically exceeded 70 percent. (3) The British Government Fair Employment Commission (F.E.C.), formerly the Fair Employment Agency (F.E.A.), has consistently reported that a member of the minority community is two times more likely to be unemployed than a member of the majority community. (4) The Investor Responsibility Research Center (IRRC), Washington, District of Columbia, lists more than 90 United States companies doing business in Northern Ireland, which employ approximately 11,000 individuals. (5) The religious minority population of Northern Ireland is subject to discriminatory hiring practices by some United States businesses. (6) The MacBride Principles are a nine point set of guidelines for fair employment in Northern Ireland which establishes a corporate code of conduct to promote equal access to regional employment but does not require disinvestment, quotas, or reverse discrimination. SEC. 3. RESTRICTION ON IMPORTS. An article from Northern Ireland may not be entered, or withdrawn from warehouse for consumption, in the customs territory of the United States unless there is presented at the time of entry to the customs officer concerned documentation indicating that the enterprise which manufactured or assembled such article was in compliance at the time of manufacture with the principles described in section 5. SEC. 4. COMPLIANCE WITH FAIR EMPLOYMENT PRINCIPLES. (a) Compliance.--Any United States person who-- (1) has a branch or office in Northern Ireland, or (2) controls a corporation, partnership, or other enterprise in Northern Ireland, in which more than ten people are employed shall take the necessary steps to ensure that, in operating such branch, office, corporation, partnership, or enterprise, those principles relating to employment practices set forth in section 5 are implemented and this Act is complied with. (b) Report.--Each United States person referred to in subsection (a) shall submit to the Secretary-- (1) a detailed and fully documented annual report, signed under oath, on showing compliance with the provisions of this Act; and (2) such other information as the Secretary determines is necessary. SEC. 5. MACBRIDE PRINCIPLES OF ECONOMIC JUSTICE. The principles referred to in section 4 are the MacBride Principles of Economic Justice, which are as follows: (1) Increasing the representation of individuals from underrepresented religious groups in the workforce, including managerial, supervisory, administrative, clerical, and technical jobs. (2) Providing adequate security for the protection of minority employees at the workplace. (3) Banning provocative sectarian or political emblems from the workplace. (4) Providing that all job openings be advertised publicly and providing that special recruitment efforts be made to attract applicants from underrepresented religious groups. (5) Providing that layoff, recall, and termination procedures do not favor a particular religious group. (6) Abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the basis of religion. (7) Providing for the development of training programs that will prepare substantial numbers of minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees. (8) Establishing procedures to assess, identify, and actively recruit minority employees with the potential for further advancement. (9) Providing for the appointment of a senior management staff member to be responsible for the employment efforts of the entity and, within a reasonable period of time, the implementation of the principles described in paragraphs (1) through (8). SEC. 6. PROHIBITION. Nothing in this Act shall require quotas or reverse discrimination or mandate their use. SEC. 7. WAIVER OF PROVISIONS. (a) Waiver of Provisions.--In any case in which the President determines that compliance by a United States person with the provisions of this Act would harm the national security of the United States, the President may waive those provisions with respect to that United States person. The President shall publish in the Federal Register each waiver granted under this section and shall submit to the Congress a justification for granting each such waiver. Any such waiver shall become effective at the end of ninety days after the date on which the justification is submitted to the Congress unless the Congress, within that ninety-day period, adopts a joint resolution disapproving the waiver. In the computation of such ninety-day period, there shall be excluded the days on which either House of Congress is not in session because of an adjournment of more than three days to a day certain or because of an adjournment of the Congress sine die. (b) Consideration of Resolutions.-- (1) Any resolution described in subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. (2) For the purpose of expediting the consideration and adoption of a resolution under subsection (a) in the House of Representatives, a motion to proceed to the consideration of such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. SEC. 8. DEFINITIONS AND PRESUMPTIONS. (a) Definitions.--For the purpose of this Act-- (1) the term ``United States person'' means any United States resident or national and any domestic concern (including any permanent domestic establishment of any foreign concern); (2) the term ``Secretary'' means the Secretary of Commerce; and (3) the term ``Northern Ireland'' includes the counties of Antrim, Armagh, Derry, Down, Tyrone, and Fermanagh. (b) Presumption.--A United States person shall be presumed to control a corporation, partnership, or other enterprise in Northern Ireland if-- (1) the United States person beneficially owns or controls (whether directly or indirectly) more than 50 percent of the outstanding voting securities of the corporation, partnership, or enterprise; (2) the United States person beneficially owns or controls (whether directly or indirectly) 25 percent or more of the voting securities of the corporation, partnership, or enterprise, if no other person owns or controls (whether directly or indirectly) an equal or larger percentage; (3) the corporation, partnership, or enterprise is operated by the United States person pursuant to the provisions of an exclusive management contract; (4) a majority of the members of the board of directors of the corporation, partnership, or enterprise are also members of the comparable governing body of the United States person; (5) the United States person has authority to appoint the majority of the members of the board of directors of the corporation, partnership, or enterprise; or (6) the United States person has authority to appoint the chief operating officer of the corporation, partnership, or enterprise. SEC. 9. EFFECTIVE DATE. This Act shall take effect 180 days after the date of enactment of this Act.
summary: Northern Ireland Fair Employment Practices and Principles of Economic Justice Act of 1997 - Prohibits the importation into the United States of an article from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with the MacBride Principles of Economic Justice, a nine-point set of guidelines (such as freedom from religious discrimination) for fair employment in Northern Ireland. Requires any U.S. person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than ten people are employed to insure implementation of such employment principles and compliance with this Act. Declares that nothing in this Act shall require quotas or reverse discrimination or mandate their use. Authorizes the President to waive the requirements of this Act in the interest of U.S. national security.