text: 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      An article from Northern Ireland may not be entered, or withdrawn 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.
target: 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.
feat_title: Northern Ireland Fair Employment Practices and Principles of Economic Justice Act of 1997