I
105TH CONGRESS
1ST SESSION
H. R. 178
To provide for adherence with the MacBride Principles of Economic Justice
by United States persons doing business in Northern Ireland, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. GILMAN (for himself and Mr. MANTON) introduced the following bill;
which was referred to the Committee on International Relations, and in
addition to the Committees on Ways and Means, and Rules, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To provide for adherence with the MacBride Principles of
Economic Justice by United States persons doing busi-
ness in Northern Ireland, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 North-
ern Ireland is approximately 13 percent, as com-
pared to 9 percent in the rest of the United King-
dom.
(2) Unemployment in the minority community
in Northern Ireland is 16 percent (22 percent for
males and 8 percent for females), and in some por-
tions of the minority community unemployment has
historically exceeded 70 percent.
(3) The British Government Fair Employment
Commission (F.E.C.), formerly the Fair Employ-
ment 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 Cen-
ter (IRRC), Washington, District of Columbia, lists
more than 90 United States companies doing busi-
ness in Northern Ireland, which employ approxi-
mately 11,000 individuals.
(5) The religious minority population of North-
ern Ireland is subject to discriminatory hiring prac-
tices 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 con-
duct to promote equal access to regional employment
but does not require disinvestment, quotas, or re-
verse discrimination.
SEC. 3. RESTRICTION ON IMPORTS.
An article from Northern Ireland may not be entered,
or withdrawn from warehouse for consumption, in the cus-
toms territory of the United States unless there is pre-
sented at the time of entry to the customs officer con-
cerned 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 PRIN-
CIPLES.
(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 re-
port, signed under oath, on showing compliance with
the provisions of this Act; and
(2) such other information as the Secretary de-
termines 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, admin-
istrative, clerical, and technical jobs.
(2) Providing adequate security for the protec-
tion of minority employees at the workplace.
(3) Banning provocative sectarian or political
emblems from the workplace.
(4) Providing that all job openings be adver-
tised publicly and providing that special recruitment
efforts be made to attract applicants from underrep-
resented religious groups.
(5) Providing that layoff, recall, and termi-
nation 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 ex-
pansion 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 po-
tential 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 rea-
sonable 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 dis-
approving the waiver. In the computation of such ninety-
day period, there shall be excluded the days on which ei-
ther 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 consider-
ation 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 estab-
lishment 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 per-
cent or more of the voting securities of the corpora-
tion, 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 enter-
prise 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 enter-
prise; or
(6) the United States person has authority to
appoint the chief operating officer of the corpora-
tion, partnership, or enterprise.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of
enactment of this Act.
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