106TH CONGRESS

1ST SESSION S. 606

AMENDMENT
In the House of Representatives, U. S.,

August 2, 1999.

Resolved, That the bill from the Senate (S. 606) entitled

‘‘An Act for the relief of Global Exploration and Development

Corporation, Kerr-McGee Corporation, and Kerr-McGee

Chemical, LLC (successor to Kerr-McGee Chemical Corporation), and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SATISFACTION OF CLAIMS AGAINST THE

2 UNITED STATES.

3 (a) PAYMENT OF CLAIMS.—The Secretary of the Treas4 ury shall pay, out of money not otherwise appropriated—

5 (1) to the Global Exploration and Development

6 Corporation, a Florida corporation incorporated in

7 Delaware, $9,500,000;

8 (2) to Kerr-McGee Corporation, an Oklahoma

9 corporation incorporated in Delaware, $10,000,000;

10 and

11 (3) to Kerr-McGee Chemical, LLC, a limited li12 ability company organized under the laws of Dela13 ware, $0.
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1 (b) CONDITION OF PAYMENT.—

2 (1) GLOBAL EXPLORATION AND DEVELOPMENT

3 CORPORATION.—The payment authorized by sub4 section (a)(1) is in settlement and compromise of all

5 claims of Global Exploration and Development Cor6 poration, as described in the recommendations of the

7 United States Court of Federal Claims set forth in 36

8 Fed. Cl. 776.

9 (2) KERR-MCGEE CORPORATION AND KERR10 MCGEE CHEMICAL, LLC.—The payment authorized by

11 subsections (a)(2) and (a)(3) are in settlement and

12 compromise of all claims of Kerr-McGee Corporation

13 and Kerr-McGee Chemical, LLC, as described in the

14 recommendations of the United States Court of Fed15 eral Claims set forth in 36 Fed. Cl. 776.

16 (c) LIMITATION ON FEES.—Not more than 15 percent

17 of the sums authorized to be paid by subsection (a) shall

18 be paid to or received by any agent or attorney for services

19 rendered in connection with the recovery of such sums. Any

20 person violating this subsection shall be fined not more than

21 $1,000.
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1 SEC. 2. CRIMINAL PROHIBITION ON THE DISTRIBUTION OF

2 CERTAIN INFORMATION RELATING TO EXPLO3 SIVES, DESTRUCTIVE DEVICES, AND WEAP4 ONS OF MASS DESTRUCTION.

5 (a) UNLAWFUL CONDUCT.—Section 842 of title 18,

6 United States Code, is amended by adding at the end the

7 following:

8 ‘‘(p) DISTRIBUTION OF INFORMATION RELATING TO

9 EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF

10 MASS DESTRUCTION.—

11 ‘‘(1) DEFINITIONS.—In this subsection—

12 ‘‘(A) the term ‘destructive device’ has the

13 same meaning as in section 921(a)(4);

14 ‘‘(B) the term ‘explosive’ has the same

15 meaning as in section 844(j); and

16 ‘‘(C) the term ‘weapon of mass destruction’

17 has the same meaning as in section 2332a(c)(2).

18 ‘‘(2) PROHIBITION.—It shall be unlawful for any

19 person—

20 ‘‘(A) to teach or demonstrate the making or

21 use of an explosive, a destructive device, or a

22 weapon of mass destruction, or to distribute by

23 any means information pertaining to, in whole

24 or in part, the manufacture or use of an explo25 sive, destructive device, or weapon of mass de26 struction, with the intent that the teaching, dem-
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1 onstration, or information be used for, or in fur2 therance of, an activity that constitutes a Fed3 eral crime of violence; or

4 ‘‘(B) to teach or demonstrate to any person

5 the making or use of an explosive, a destructive

6 device, or a weapon of mass destruction, or to

7 distribute to any person, by any means, infor8 mation pertaining to, in whole or in part, the

9 manufacture or use of an explosive, destructive

10 device, or weapon of mass destruction, knowing

11 that such person intends to use the teaching,

12 demonstration, or information for, or in further13 ance of, an activity that constitutes a Federal

14 crime of violence.’’.

15 (b) PENALTIES.—Section 844 of title 18, United States

16 Code, is amended—

17 (1) in subsection (a)—

18 (A) by striking ‘‘person who violates any of

19 subsections’’ and inserting the following: ‘‘person

20 who—

21 ‘‘(1) violates any of subsections’’;

22 (B) by striking the period at the end and

23 inserting ‘‘; and’’; and

24 (C) by adding at the end the following:
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1 ‘‘(2) violates subsection (p)(2) of section 842,

2 shall be fined under this title, imprisoned not more

3 than 20 years, or both.’’; and

4 (2) in subsection (j), by inserting ‘‘and section

5 842(p)’’ after ‘‘this section’’.

6 SEC. 3. SETTLEMENT OF CLAIMS OF MENOMINEE INDIAN

7 TRIBE OF WISCONSIN.

8 (a) PAYMENT.—The Secretary of the Treasury shall

9 pay to the Menominee Indian Tribe of Wisconsin, out of

10 any funds in the Treasury of the United States not other11 wise appropriated, $32,052,547 for damages sustained by

12 the Menominee Indian Tribe of Wisconsin by reason of—

13 (1) the enactment and implementation of the Act

14 entitled ‘‘An Act to provide for a per capita distribu15 tion of Menominee tribal funds and authorize the

16 withdrawal of the Menominee Tribe from Federal ju17 risdiction’’, approved June 17, 1954 (68 Stat. 250 et

18 seq., chapter 303); and

19 (2) the mismanagement by the United States of

20 assets of the Menominee Indian Tribe held in trust by

21 the United States before April 30, 1961, the effective

22 date of termination of Federal supervision of the Me23 nominee Indian Tribe of Wisconsin.

24 (b) EFFECT OF PAYMENT.—Payment of the amount re25 ferred to in subsection (a) shall be in full satisfaction of
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1 any claims that the Menominee Indian Tribe of Wisconsin

2 may have against the United States with respect to the

3 damages referred to in that subsection.

4 (c) REQUIREMENTS FOR PAYMENT.—The payment to

5 the Menominee Indian Tribe of Wisconsin under subsection

6 (a) shall—

7 (1) have the status of a judgment of the United

8 States Court of Federal Claims for the purposes of the

9 Indian Tribal Judgment Funds Use or Distribution

10 Act (25 U.S.C. 1401 et seq.); and

11 (2) be made in accordance with the requirements

12 of that Act on the condition that, of the amounts re13 maining after payment of attorney fees and litigation

14 expenses—

15 (A) at least 30 percent shall be distributed

16 on a per capita basis; and

17 (B) the balance shall be set aside and pro18 grammed to serve tribal needs, including funding

19 for—

20 (i) educational, economic development,

21 and health care programs; and

22 (ii) such other programs as the cir23 cumstances of the Menominee Indian Tribe

24 of Wisconsin may justify.
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1 (d) LIMITATION ON FEES.—Not more than 15 percent

2 of the sums authorized to be paid by subsection (a) shall

3 be paid to or received by any agent or attorney for services

4 rendered in connection with the recovery of such sums. Any

5 person violating this subsection shall be fined not more than

6 $1,000.

Attest:

Clerk.