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Act of 1949, as added by subsection (b), shall be con-
strued—
(1) to require or otherwise authorize the claims
of Cuban nationals who became United States citi-
zens after their property was confiscated to be in-
cluded in the claims certified to the Secretary of
State by the Foreign Claims Settlement Commission
for purposes of future negotiation and espousal of
claims with a friendly government in Cuba when dip-
lomatic relations are restored; or
(2) as superseding, amending, or otherwise al-
tering certifications that have been made pursuant
to title V of the International Claims Settlement Act
of 1949 before the enactment of this Act.
SEC. 6254. EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT
COMMISSION CERTIFICATION PROCEDURE.
Title V of the International Claims Settlement Act
of 1949 (22 U.S.C. 1643 and following), as amended by
section 6253, is further amended by adding at the end
the following new section:
‘‘EXCLUSIVITY OF FOREIGN CLAIMS SETTLEMENT
COMMISSION CERTIFICATION PROCEDURE
‘‘SEC. 515. (a) Subject to subsection (b), neither any
national of the United States who was eligible to file a
claim under section 503 but did not timely file such claim
under that section, nor any national of the United States
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(on the date of the enactment of this section) who was
not eligible to file a claim under that section, nor any na-
tional of Cuba, including any agency, instrumentality, sub-
division, or enterprise of the Government of Cuba or any
local government of Cuba in place on the date of the enact-
ment of this section, nor any successor thereto, whether
or not recognized by the United States, shall have a claim
to, participate in, or otherwise have an interest in, the
compensation proceeds or other nonmonetary compensa-
tion paid or allocated to a national of the United States
by virtue of a claim certified by the Commission under
section 507, nor shall any court of the United States or
any State court have jurisdiction to adjudicate any such
claim.
‘‘(b) Nothing in subsection (a) shall be construed to
detract from or otherwise affect any rights in the shares
of the capital stock of nationals of the United States own-
ing claims certified by the Commission under section
507.’’.
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PART 4—EXCLUSION OF CERTAIN ALIENS
SEC. 6271. EXCLUSION FROM THE UNITED STATES OF
ALIENS WHO HAVE CONFISCATED PROPERTY
OF UNITED STATES NATIONALS OR WHO
TRAFFIC IN SUCH PROPERTY.
(a) GROUNDS FOR EXCLUSION.—The Secretary of
State, in consultation with the Attorney General, shall ex-
clude from the United States any alien who the Secretary
of State determines is a person who—
(1) has confiscated, or has directed or overseen
the confiscation of, property a claim to which is
owned by a United States national, or converts or
has converted for personal gain confiscated property,
a claim to which is owned by a United States na-
tional;
(2) traffics in confiscated property, a claim to
which is owned by a United States national;
(3) is a corporate officer, principal, or share-
holder with a controlling interest of an entity which
has been involved in the confiscation of property or
trafficking in confiscated property, a claim to which
is owned by a United States national; or
(4) is a spouse, minor child, or agent of a per-
son excludable under paragraph (1), (2), or (3).
(b) DEFINITIONS.—As used in this section, the fol-
lowing terms have the following meanings:
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(1) CONFISCATED; CONFISCATION.—The terms
‘‘confiscated’’ and ‘‘confiscation’’ refer to—
(A) the nationalization, expropriation, or
other seizure by foreign governmental authority
of ownership or control of property on or after
January 1, 1959—
(i) without the property having been
returned or adequate and effective com-
pensation provided; or
(ii) without the claim to the property
having been settled pursuant to an inter-
national claims settlement agreement or
other mutually accepted settlement proce-
dure; and
(B) the repudiation by foreign govern-
mental authority of, the default by foreign gov-
ernmental authority on, or the failure by for-
eign governmental authority to pay, on or after
January 1, 1959—
(i) a debt of any enterprise which has
been nationalized, expropriated, or other-
wise taken by foreign governmental author-
ity;
(ii) a debt which is a charge on prop-
erty nationalized, expropriated, or other-
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wise taken by foreign governmental author-
ity; or
(iii) a debt which was incurred by for-
eign governmental authority in satisfaction
or settlement of a confiscated property
claim.
(2) PROPERTY.—The term ‘‘property’’ does not
include claims arising from a territory in dispute as
a result of war between United Nations member
states in which the ultimate resolution of the dis-
puted territory has not been resolved.
(3) TRAFFICS.—(A) A person or entity ‘‘traf-
fics’’ in property if that person or entity knowingly
and intentionally—
(i) sells, transfers, distributes, dispenses,
brokers, manages, or otherwise disposes of con-
fiscated property, or purchases, leases, receives,
possesses, obtains control of, manages, uses, or
otherwise acquires or holds an interest in con-
fiscated property,
(ii) engages in a commercial activity using
or otherwise benefiting from confiscated prop-
erty, or
(iii) causes, directs, participates in, or
profits from, trafficking (as described in clauses
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(i) and (ii)) by another person, or otherwise en-
gages in trafficking (as described in clauses (i)
and (ii)) through another person,
without the authorization of the United States na-
tional who holds a claim to the property.
(B) The term ‘‘traffics’’ does not include—
(i) the delivery of international tele-
communication signals to Cuba that are author-
ized by section 1705(e) of the Cuban Democ-
racy Act of 1992 (22 U.S.C. 6004(e)); or
(ii) the trading or holding of securities
publicly traded or held, unless the trading is
with or by a person determined by the Sec-
retary of the Treasury to be a specially des-
ignated national.
(c) NATIONAL INTEREST EXEMPTION.—This section
shall not apply where the Secretary of State finds, on a
case-by-case basis, that making a determination under
subsection (a) would be contrary to the national interest
of the United States.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—This section applies to aliens
seeking to enter the United States on or after the
date of the enactment of this Act.
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(2) TRAFFICKING.—This section applies only
with respect to acts within the meaning of ‘‘traffics’’
that occur on or after the date of the enactment of
this Act.
TITLE VII—COMMITTEE ON THE
JUDICIARY
SEC. 7001. PATENT AND TRADEMARK FEES.
Section 10101 of the Omnibus Budget Reconciliation
Act of 1990 (35 U.S.C. 41 note) is amended—
(1) in subsection (a) by striking ‘‘1998’’ and in-
serting ‘‘2002’’;
(2) in subsection (b)(2) by striking ‘‘1998’’ and
inserting ‘‘2002’’; and
(3) in subsection (c)—
(A) by striking ‘‘through 1998’’ and insert-
ing ‘‘through 2002’’; and
(B) by adding at the end the following:
‘‘(9) $119,000,000 in fiscal year 1999.
‘‘(10) $119,000,000 in fiscal year 2000.
‘‘(11) $119,000,000 in fiscal year 2001.
‘‘(12) $119,000,000 in fiscal year 2002.’’.
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TITLE VIII—COMMITTEE ON
NATIONAL SECURITY
Subtitle A—Military Retired Pay
SEC. 8001. ELIMINATION OF DISPARITY BETWEEN EFFEC-
TIVE DATES FOR MILITARY AND CIVILIAN RE-
TIREE COST-OF-LIVING ADJUSTMENTS FOR
FISCAL YEARS 1996, 1997, AND 1998.
(a) CONFORMANCE WITH SCHEDULE
FOR CIVIL
SERVICE
COLAS.—Subparagraph 
(B) 
of 
section
1401a(b)(2) of title 10, United States Code, is amended—
(1) by striking out ‘‘THROUGH 1998’’ the first
place it appears and all that follows through ‘‘In the
case of’’ the second place it appears and inserting in
lieu thereof ‘‘THROUGH 1996.—In the case of’’;
(2) by striking ‘‘of 1994, 1995, 1996, or 1997’’
and inserting in lieu thereof ‘‘of 1993, 1994, or
1995’’; and
(3) by striking out ‘‘September’’ and inserting
in lieu thereof ‘‘March’’.
(b) REPEAL OF PRIOR CONDITIONAL ENACTMENT.—
Section 8114A(b) of Public Law 103–335 (108 Stat.
2648) is repealed.
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Subtitle B—Naval Petroleum
Reserves
SEC. 8011. SALE OF NAVAL PETROLEUM RESERVES.
(a) SALE OF RESERVES REQUIRED.—Chapter 641 of
title 10, United States Code, is amended by inserting after
section 7421 the following new section:
‘‘§ 7421a. Sale of naval petroleum reserves
‘‘(a) SALE REQUIRED.—(1) Notwithstanding any
other provision of this chapter, the Secretary shall sell all
right, title, and interest of the United States in and to
the lands owned or controlled by the United States inside
the naval petroleum and oil shale reserves established by
this chapter. In the case of Naval Petroleum Reserve
Numbered 1, the lands to be sold shall include sections
16 and 36 of township 30 south, range 23 east, Mount
Diablo Principal Meridian, California.
‘‘(2) Not later than September 30, 1996, the Sec-
retary shall enter into one or more contracts for the sale
of all of the interest of the United States in the naval
petroleum reserves.
‘‘(b) TIMING AND ADMINISTRATION OF SALE.—(1)
Not later than January 1, 1996, the Secretary shall retain
the services of five independent experts in the valuation
of oil and gas fields to conduct separate assessments, in
a manner consistent with commercial practices, of the fair
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market value of the interest of the United States in each
naval petroleum reserve. In making their assessments for
each naval petroleum reserve, the independent experts
shall consider (among other factors) all equipment and fa-
cilities to be included in the sale, the net present value
of the reserve, and the net present value of the anticipated
revenue stream that the Secretary determines the Treas-
ury would receive from the reserve if it were not sold, ad-
justed for any anticipated increases in tax revenues that
would result if it were sold. The independent experts shall
complete their assessments not later than June 1, 1996.
In setting the minimum acceptable price for each naval
petroleum reserve, the Secretary shall consider the average
of the five assessments regarding the reserve or, if more
advantageous to the Government, the average of three as-
sessments after excluding the high and low assessments.
‘‘(2) Not later than March 1, 1996, the Secretary
shall retain the services of an investment banker to inde-
pendently administer, in a manner consistent with com-
mercial practices and in a manner that maximizes sale
proceeds to the Government, the sale of the naval petro-
leum reserves under this section. The Secretary may enter
into the contracts required under this paragraph and
paragraph (1) on a noncompetitive basis.
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‘‘(3) Not later than June 1, 1996, the sales adminis-
trator selected under paragraph (2) shall complete a draft
contract for the sale of each naval petroleum reserve,
which shall accompany the invitation for bids and describe
the terms and provisions of the sale of the interest of the
United States in the reserve. Each draft contract shall
identify all equipment and facilities to be included in the
sales. Each draft contract, including the terms and provi-
sions of the sale of the interest of the United States in
the naval petroleum reserves, shall be subject to review
and approval by the Secretary, the Secretary of the Treas-
ury, and the Director of the Office of Management and
Budget.
‘‘(4) Not later than July 1, 1996, the Secretary shall
publish an invitation for bids for the purchase of the naval
petroleum reserves.
‘‘(5) Not later than September 1, 1996, the Secretary
shall accept the highest responsible offer for purchase of
the interest of the United States in the naval petroleum
reserves, or a particular reserve, that meets or exceeds the
minimum acceptable price determined under paragraph
(1). The Secretary may accept an offer for only a portion
of a reserve so long as the entire reserve is still sold under
this section at a price that meets or exceeds the minimum
acceptable price.
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‘‘(c) FUTURE LIABILITIES.—To effectuate the sale of
the interest of the United States in a naval petroleum re-
serve, the Secretary may extend such indemnities and war-
ranties as the Secretary considers reasonable and nec-
essary to protect the purchaser from claims arising from
the ownership in the reserve by the United States.
‘‘(d) SPECIAL RULES PREPARATORY TO SALE OF
NAVAL PETROLEUM RESERVE NUMBERED 1.—(1) Not
later than June 1, 1996, the Secretary shall finalize equity
interests of the known oil and gas zones in Naval Petro-
leum Reserve Numbered 1 in the manner provided by this
subsection.
‘‘(2) The Secretary shall retain the services of an
independent petroleum engineer, mutually acceptable to
the equity owners, who shall prepare a recommendation
on final equity figures. The Secretary may accept the rec-
ommendation of the independent petroleum engineer for
final equity in each known oil and gas zone and establish
final equity interest in the Naval Petroleum Reserve Num-
bered 1 in accordance with such recommendation, or the
Secretary may use such other method to establish final
equity interest in that reserve as the Secretary considers
appropriate. The Secretary may enter into the contract re-
quired under this paragraph on a noncompetitive basis.
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‘‘(3) If, on the effective date of this section, there
is an ongoing equity redetermination dispute between the
equity owners under section 9(b) of the unit plan contract,
such dispute shall be resolved in the manner provided in
the unit plan contract not later than June 1, 1996. Such
resolution shall be considered final for all purposes under
this section.
‘‘(4) In this section, the term ‘unit plan contract’
means the unit plan contract between equity owners of the
lands within the boundaries of Naval Petroleum Reserve
Numbered 1 (Elk Hills) entered into on June 19, 1944.
‘‘(e) PRODUCTION ALLOCATION REGARDING NAVAL
PETROLEUM RESERVE NUMBERED 1.—(1) As part of the
contract for purchase of Naval Petroleum Reserve Num-
bered 1, the purchaser of the interest of the United States
in that reserve shall agree to make up to 25 percent of
the purchaser’s share of annual petroleum production
from the purchased lands available for sale to small refin-
ers, which do not have their own adequate sources of sup-
ply of petroleum, for processing or use only in their own
refineries. None of the reserved production sold to small
refiners may be resold in kind. The purchaser of that re-
serve may reduce the quantity of petroleum reserved under
this subsection in the event of an insufficient number of
qualified bids. The seller of this petroleum production has
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the right to refuse bids that are less than the prevailing
market price of comparable oil.
‘‘(2) The purchaser of Naval Petroleum Reserve
Numbered 1 shall also agree to ensure that the terms of
every sale of the purchaser’s share of annual petroleum
production from the purchased lands shall be so struc-
tured as to give full and equal opportunity for the acquisi-
tion of petroleum by all interested persons, including
major and independent oil producers and refiners alike.
‘‘(f) MAINTAINING PRODUCTION PENDING SALE OF
NAVAL PETROLEUM RESERVE NUMBERED 1.—Until the
sale of Naval Petroleum Reserve Numbered 1 is completed
under this section, the Secretary shall continue to produce
that reserve at the maximum daily oil or gas rate from
a reservoir, which will permit maximum economic develop-
ment of the reservoir consistent with sound oil field engi-
neering practices in accordance with section 3 of the unit
plan contract. The definition of maximum efficient rate
in section 7420(6) of this title shall not apply to Naval
Petroleum Reserve Numbered 1.
‘‘(g) EFFECT ON EXISTING CONTRACTS.—(1) In the
case of any contract, in effect on the effective date of this
section, for the purchase of production from any part of
the United States’ share of the naval petroleum reserves,
the sale of the interest of the United States in the reserves
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shall be subject to the contract for a period of three
months after the closing date of the sale or until termi-
nation of the contract, whichever occurs first. The term
of any contract entered into after the effective date of this
section for the purchase of such production shall not ex-
ceed the anticipated closing date for the sale of the re-
serve.
‘‘(2) In the case of Naval Petroleum Reserve Num-
bered 1, the Secretary shall exercise the termination pro-
cedures provided in the contract between the United
States and Bechtel Petroleum Operation, Inc., Contract
Number DE–ACO1–85FE60520 so that the contract ter-
minates not later than the date of closing of the sale of
that reserve.
‘‘(3) In the case of Naval Petroleum Reserve Num-
bered 1, the Secretary shall exercise the termination pro-
cedures provided in the unit plan contract so that the unit
plan contract terminates not later than the date of closing
of the sale of that reserve.
‘‘(h) OFFER OF SETTLEMENT OF STATE OF CALI-
FORNIA CLAIMS REGARDING NAVAL PETROLEUM RE-
SERVE NUMBERED 1.—(1) In connection with the sale of
Naval Petroleum Reserve Numbered 1, the Secretary shall
offer to settle all claims against the United States by the
State of California and the Teachers’ Retirement Fund
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of the State of California with respect to lands within that
reserve, including sections 16 and 36 of township 30
south, range 23 east, Mount Diablo Principal Meridian,
California, or production or proceeds of sale from that re-
serve. Subject to paragraph (2), the Secretary shall offer
in settlement of such claims—
‘‘(A) a payment from funds provided for this
purpose in advance in appropriation Acts;
‘‘(B) a grant of land pursuant to sections 2275
and 2276 of the Revised Statutes of the United
States (43 U.S.C. 851 and 852) so long as such
land is not generating revenue for the United States;
‘‘(C) any other option that would not be incon-
sistent with the Congressional Budget Act of 1974
(2 U.S.C. 621 et seq.); or
‘‘(D) any combination of subparagraphs (A),
(B), and (C).
‘‘(2) The value of any payment, grant, or option (or
combination thereof) offered as settlement under para-
graph (1) may not exceed an amount equal to seven per-
cent of the proceeds from the sale of Naval Petroleum Re-
serve Numbered 1, after deducting the costs incurred to
conduct the sale of that reserve.
‘‘(3) Acceptance of the settlement offered under para-
graph (1) shall be subject to the condition that all claims
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against the United States by the State of California or
the Teachers’ Retirement Fund of the State of California
are released with respect to lands within the Naval Petro-
leum Reserve Numbered 1, including sections 16 and 36
of township 30 south, range 23 east, Mount Diablo Prin-
cipal Meridian, California, or production or proceeds of
sale from that reserve. The Secretary may specify the
manner in which the release of such claims shall be evi-
denced.
‘‘(i) EFFECT ON ANTITRUST LAWS.—Nothing in this
section shall be construed to alter the application of the
antitrust laws of the United States to the purchaser of
a naval petroleum reserve or to the lands in the naval pe-
troleum reserves subject to sale under this section upon
the completion of the sale.
‘‘(j) PRESERVATION OF PRIVATE RIGHT, TITLE, AND
INTEREST.—Nothing in this section shall be construed to
adversely affect the ownership interest of any other entity
having any right, title, and interest in and to lands within
the boundaries of the naval petroleum reserves.
‘‘(k) CONGRESSIONAL NOTIFICATION.—Section 7431
of this title shall not apply to the sale of the naval petro-
leum reserves under this section. However, the Secretary
may not enter into a contract for the sale of a naval petro-
leum reserve until the end of the 15-day period beginning