< Back to H.R. 672 (103rd Congress, 1993–1994)

Text of the Northern Ireland Fair Employment Practices Act

This bill was introduced on January 27, 1993, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jan 27, 1993 (Introduced).

Source: GPO

HR 672 IH

103d CONGRESS

1st Session

H. R. 672

To provide for adherence with the MacBride Principles by United States persons doing business in Northern Ireland.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 1993

Mr. FISH (for himself, Mr. GILMAN, Mr. MANTON, Mr. SHAYS, and Mr. ENGEL) introduced the following bill; which was referred jointly to the Committees on Foreign Affairs, Ways and Means, and Rules


A BILL

To provide for adherence with the MacBride Principles by United States persons doing business in Northern Ireland.

    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 ‘Northern Ireland Fair Employment Practices Act’.

SEC. 2. FINDINGS.

    The Congress finds the following:

      (1) Overall unemployment in Northern Ireland exceeds 15 percent.

      (2) Unemployment in some neighborhoods of Northern Ireland comprised of religious minorities has 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 2 1/2 times more likely to be unemployed than a member of the majority community.

      (4) The Investor Responsibility Research Center (IRRC), Washington, DC, lists 40 United States companies with more than 10 employees, 30 with 10 or fewer employees, and 4 privately held companies with 10 or fewer employees, doing business in Northern Ireland.

      (5) The religious minority population of Northern Ireland is frequently subject to discriminatory hiring practices by United States businesses which have resulted in a disproportionate number of minority individuals holding menial and low-paying jobs.

      (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    An article from Northern Ireland may not be entered, or withdrawn from warehouse for consumption, in the customs territory of the United States unless there is presented at the time of entry to the customs officer concerned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 20 people are employed shall take the necessary steps to insure 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.

    The principles referred to in section 4, which are based on the MacBride Principles, are as follows:

      (1) Eliminating religious discrimination in managerial, supervisory, administrative, clerical, and technical jobs and significantly increasing the representation in such jobs of individuals from underrepresented religious groups.

      (2) Providing adequate security for the protection of minority employees at the workplace.

      (3) Banning provocative sectarian and political emblems from the workplace.

      (4) Advertising publicly all job openings and undertaking special recruitment efforts to attract applicants from underrepresented religious groups.

      (5) Establishing layoff, recall, and termination procedures which do not favor particular religious groupings.

      (6) Providing equal employment for all employees, including implementing equal and nondiscriminatory terms and conditions of employment for all employees, and abolishing job reservations, apprenticeship restrictions, and differential employment criteria, which discriminate on the basis of religion or ethnic origin.

      (7) Developing training programs that will prepare substantial numbers of minority employees for managerial, supervisory, administrative, clerical, and technical jobs, including--

        (A) expanding existing programs and forming new programs to train, upgrade, and improve the skills of all categories of minority employees;

        (B) creating on-the-job training programs and facilities to assist minority employees to advance to higher paying jobs requiring greater skills; and

        (C) establishing and expanding programs to enable minority employees to further their education and skills at recognized education facilities.

      (8) Establishing procedures to assess, identify, and actively recruit minority individuals with potential for further advancement, and identifying those minority individuals who have high management potential and enrolling them in accelerated management programs.

      (9) Appointing a senior management staff member to oversee the United States person’s compliance with the principles described in this section.

SEC. 6. 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 90 days after the date on which the justification is submitted to the Congress unless the Congress, within that 90-day period, adopts a joint resolution disapproving the waiver. In the computation of such 90-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. 7. DEFINITIONS AND PRESUMPTIONS.

    (a) DEFINITIONS- For the purposes 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, Londonderry, 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. 8. EFFECTIVE DATE.

    This Act shall take effect 6 months after the date of enactment of this Act.