H. R. 3448—171
section with respect to a quantity of an eligible article
entered during any calendar year beginning after 1995,
the aggregate appraised value of which exceeds 15 percent
of the aggregate appraised value of all articles that have
entered duty-free under this title during the preceding
calendar year from those beneficiary developing countries
which for the preceding calendar year—
‘‘(i) had a per capita gross national product (cal-
culated on the basis of the best available information,
including 
that 
of 
the 
International 
Bank 
for
Reconstruction and Development) of $5,000 or more;
or
‘‘(ii) had exported (either directly or indirectly) to
the United States a quantity of articles that was duty-
free under this title that had an aggregate appraised
value of more than 10 percent of the aggregate
appraised value of all articles that entered duty-free
under this title during that year.
‘‘(C) CALCULATION
OF
LIMITATIONS.—There shall be
counted against the limitations imposed under subpara-
graphs (A) and (B) for any calendar year only that value
of any eligible article of any country that—
‘‘(i) entered duty-free under this title during such
calendar year; and
‘‘(ii) is in excess of the value of that article that
would have been so entered during such calendar year
if the limitations under subsection (c)(2)(A) applied.
‘‘(5) EFFECTIVE PERIOD OF WAIVER.—Any waiver granted
under this subsection shall remain in effect until the President
determines that such waiver is no longer warranted due to
changed circumstances.
‘‘(e) INTERNATIONAL TRADE COMMISSION ADVICE.—Before des-
ignating articles as eligible articles under subsection (a)(1), the
President shall publish and furnish the International Trade
Commission with lists of articles which may be considered
for designation as eligible articles for purposes of this title. The
provisions of sections 131, 132, 133, and 134 shall be complied
with as though action under section 501 and this section were
action under section 123 to carry out a trade agreement entered
into under section 123.
‘‘(f) SPECIAL RULE CONCERNING PUERTO RICO.—No action under
this title may affect any tariff duty imposed by the Legislature
of Puerto Rico pursuant to section 319 of the Tariff Act of 1930
on coffee imported into Puerto Rico.
‘‘SEC. 504. REVIEW AND REPORT TO CONGRESS.
‘‘The President shall submit an annual report to the Congress
on the status of internationally recognized worker rights within
each beneficiary developing country.
‘‘SEC. 505. DATE OF TERMINATION.
‘‘No duty-free treatment provided under this title shall remain
in effect after May 31, 1997.
‘‘SEC. 506. AGRICULTURAL EXPORTS OF BENEFICIARY DEVELOPING
COUNTRIES.
‘‘The appropriate agencies of the United States shall assist
beneficiary developing countries to develop and implement meas-
H. R. 3448—172
ures designed to assure that the agricultural sectors of their econo-
mies are not directed to export markets to the detriment of the
production of foodstuffs for their citizenry.
‘‘SEC. 507. DEFINITIONS.
‘‘For purposes of this title:
‘‘(1) BENEFICIARY DEVELOPING COUNTRY.—The term ‘bene-
ficiary developing country’ means any country with respect
to which there is in effect an Executive order or Presidential
proclamation by the President designating such country as
a beneficiary developing country for purposes of this title.
‘‘(2) COUNTRY.—The term ‘country’ means any foreign coun-
try or territory, including any overseas dependent territory
or possession of a foreign country, or the Trust Territory of
the Pacific Islands. In the case of an association of countries
which is a free trade area or customs union, or which is contrib-
uting to comprehensive regional economic integration among
its members through appropriate means, including, but not
limited to, the reduction of duties, the President may by Execu-
tive order or Presidential proclamation provide that all mem-
bers of such association other than members which are barred
from designation under section 502(b) shall be treated as one
country for purposes of this title.
‘‘(3) ENTERED.—The term ‘entered’ means entered, or with-
drawn from warehouse for consumption, in the customs terri-
tory of the United States.
‘‘(4) INTERNATIONALLY RECOGNIZED WORKER RIGHTS.—The
term ‘internationally recognized worker rights’ includes—
‘‘(A) the right of association;
‘‘(B) the right to organize and bargain collectively;
‘‘(C) a prohibition on the use of any form of forced
or compulsory labor;
‘‘(D) a minimum age for the employment of child-
ren; and
‘‘(E) acceptable conditions of work with respect to
minimum wages, hours of work, and occupational safety
and health.
‘‘(5) LEAST-DEVELOPED
BENEFICIARY
DEVELOPING
COUN-
TRY.—The term ‘least-developed beneficiary developing country’
means a beneficiary developing country that is designated as
a least-developed beneficiary developing country under section
502(a)(2).’’.
(b) TABLE OF CONTENTS.—The items relating to title V in the
table of contents of the Trade Act of 1974 are amended to read
as follows:
‘‘TITLE V—GENERALIZED SYSTEM OF PREFERENCES
‘‘Sec. 501. Authority to extend preferences.
‘‘Sec. 502. Designation of beneficiary developing countries.
‘‘Sec. 503. Designation of eligible articles.
‘‘Sec. 504. Review and reports to Congress.
‘‘Sec. 505. Date of termination.
‘‘Sec. 506. Agricultural exports of beneficiary developing countries.
‘‘Sec. 507. Definitions.’’.
SEC. 1953. EFFECTIVE DATE.
(a) IN GENERAL.—The amendments made by this subtitle apply
to articles entered on or after October 1, 1996.
(b) RETROACTIVE APPLICATION.—
H. R. 3448—173
(1) GENERAL RULE.—Notwithstanding section 514 of the
Tariff Act of 1930 or any other provision of law and subject
to subsection (c)—
(A) any article that was entered—
(i) after July 31, 1995, and
(ii) before January 1, 1996, and
to which duty-free treatment under title V of the Trade
Act of 1974 would have applied if the entry had been
made on July 31, 1995, shall be liquidated or reliquidated
as free of duty, and the Secretary of the Treasury shall
refund any duty paid with respect to such entry, and
(B) any article that was entered—
(i) after December 31, 1995, and
(ii) before October 1, 1996, and
to which duty-free treatment under title V of the Trade
Act of 1974 (as amended by this subtitle) would have
applied if the entry had been made on or after October
1, 1996, shall be liquidated or reliquidated as free of duty,
and the Secretary of the Treasury shall refund any duty
paid with respect to such entry.
(2) LIMITATION
ON
REFUNDS.—No refund shall be made
pursuant to this subsection before October 1, 1996.
(3) ENTRY.—As used in this subsection, the term ‘‘entry’’
includes a withdrawal from warehouse for consumption.
(c) REQUESTS.—Liquidation or reliquidation may be made under
subsection (b) with respect to an entry only if a request therefor
is filed with the Customs Service, within 180 days after the date
of the enactment of this Act, that contains sufficient information
to enable the Customs Service—
(1) to locate the entry; or
(2) to reconstruct the entry if it cannot be located.
SEC. 1954. CONFORMING AMENDMENTS.
(a) TRADE LAWS.—
(1) Section 1211(b) of the Omnibus Trade and Competitive-
ness Act of 1988 (19 U.S.C. 3011(b)) is amended—
(A) in paragraph (1), by striking ‘‘(19 U.S.C. 2463(a),
2464(c)(3))’’ and inserting ‘‘(as in effect on July 31,
1995)’’; and
(B) in paragraph (2), by striking ‘‘(19 U.S.C. 2464(c)(1))’’
and inserting the following: ‘‘(as in effect on July 31, 1995)’’.
(2) Section 203(c)(7) of the Andean Trade Preference Act
(19 U.S.C. 3202(c)(7)) is amended by striking ‘‘502(a)(4)’’ and
inserting ‘‘507(4)’’.
(3) Section 212(b)(7) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2702(b)(7)) is amended by striking
‘‘502(a)(4)’’ and inserting ‘‘507(4)’’.
(4) General note 3(a)(iv)(C) of the Harmonized Tariff
Schedule of the United States is amended by striking ‘‘sections
503(b) and 504(c)’’ and inserting ‘‘subsections (a), (c), and (d)
of section 503’’.
(5) Section 201(a)(2) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3331(a)(2)) is
amended by striking ‘‘502(a)(2) of the Trade Act of 1974 (19
U.S.C. 2462(a)(2))’’ and inserting ‘‘502(f)(2) of the Trade Act
of 1974’’.
H. R. 3448—174
(6) Section 131 of the Uruguay Round Agreements Act
(19 U.S.C. 3551) is amended in subsections (a) and (b)(1) by
striking ‘‘502(a)(4)’’ and inserting ‘‘507(4)’’.
(b) OTHER LAWS.—
(1) Section 871(f)(2)(B) of the Internal Revenue Code of
1986 is amended by striking ‘‘within the meaning of section
502’’ and inserting ‘‘under title V’’.
(2) Section 2202(8) of the Export Enhancement Act of 1988
(15 U.S.C. 4711(8)) is amended by striking ‘‘502(a)(4)’’ and
inserting ‘‘507(4)’’.
(3) Section 231A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2191a(a)) is amended—
(A) in paragraph (1) by striking ‘‘502(a)(4) of the Trade
Act of 1974 (19 U.S.C. 2462(a)(4))’’ and inserting ‘‘507(4)
of the Trade Act of 1974’’;
(B) in paragraph (2) by striking ‘‘505(c) of the Trade
Act of 1974 (19 U.S.C. 2465(c))’’ and inserting ‘‘504 of
the Trade Act of 1974’’; and
(C) in paragraph (4) by striking ‘‘502(a)(4)’’ and insert-
ing ‘‘507(4)’’.
(4) Section 1621(a)(1) of the International Financial Institu-
tions Act (22 U.S.C. 262p–4p(a)(1)) is amended by striking
‘‘502(a)(4)’’ and inserting ‘‘507(4)’’.
(5) Section 103B of the Agricultural Act of 1949 (7 U.S.C.
1444–2) is amended in subsections (a)(5)(F)(v) and (n)(1)(C)
by striking ‘‘503(d) of the Trade Act of 1974 (19 U.S.C. 2463(d))’’
and inserting ‘‘503(b)(3) of the Trade Act of 1974’’.
SEC. 2101. SHORT TITLE.
This section and sections 2102 and 2103 may be cited as the
‘‘Employee Commuting Flexibility Act of 1996’’.
SEC. 2102. PROPER 
COMPENSATION 
FOR 
USE 
OF 
EMPLOYER
VEHICLES.
Section 4(a) of the Portal-to-Portal Act of 1947 (29 U.S.C.
254(a)) is amended by adding at the end the following: ‘‘For purposes
of this subsection, the use of an employer’s vehicle for travel by
an employee and activities performed by an employee which are
incidental to the use of such vehicle for commuting shall not be
considered part of the employee’s principal activities if the use
of such vehicle for travel is within the normal commuting area
for the employer’s business or establishment and the use of the
employer’s vehicle is subject to an agreement on the part of the
employer and the employee or representative of such employee.’’.
SEC. 2103. EFFECTIVE DATE.
The amendment made by section 2101 shall take effect
on the date of the enactment of this Act and shall apply in determin-
ing the application of section 4 of the Portal-to-Portal Act of 1947
to an employee in any civil action brought before such date of
enactment but pending on such date.
SEC. 2104. MINIMUM WAGE INCREASE.
(a) SHORT TITLE.—This section may be cited as the ‘‘Minimum
Wage Increase Act of 1996’’.
(b) AMENDMENT.—Paragraph (1) of section 6(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended to
read as follows: