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Calendar No. 144

106TH CONGRESS

1ST SESSION S. 606

For the relief of Global Exploration and Development Corporation, KerrMcGee Corporation, and Kerr-McGee Chemical, LLC (successor to KerrMcGee Chemical Corporation), and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 15, 1999

Mr. NICKLES (for himself, Mr. HATCH, Mr. MACK, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

JUNE 10, 1999

Reported by Mr. HATCH, with an amendment

[Insert the part in italic]

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SATISFACTION OF CLAIMS AGAINST THE

2 UNITED STATES.

3 (a) PAYMENT OF CLAIMS.—The Secretary of the

4 Treasury shall pay, out of money not otherwise

5 appropriated—

6 (1) to the Global Exploration and Development

7 Corporation, a Florida corporation incorporated in

8 Delaware, $9,500,000;

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

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

11 and

12 (3) to Kerr-McGee Chemical, LLC, a limited li13 ability company organized under the laws of Dela14 ware, $0.

15 (b) CONDITION OF PAYMENT.—

16 (1) GLOBAL EXPLORATION AND DEVELOPMENT

17 CORPORATION.—The payment authorized by sub18 section (a)(1) is in settlement and compromise of all

19 claims of Global Exploration and Development Cor20 poration, as described in the recommendations of the

21 United States Court of Federal Claims set forth in

22 36 Fed. Cl. 776.

23 (2) KERR-MCGEE CORPORATION AND KERR24 MCGEE CHEMICAL, LLC.—The payment authorized

25 by subsections (a)(2) and (a)(3) are in settlement

26 and compromise of all claims of Kerr-McGee Cor-
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1 poration and Kerr-McGee Chemical, LLC, as de2 scribed in the recommendations of the United States

3 Court of Federal Claims set forth in 36 Fed. Cl.

4 776.

5 SEC. 2. CRIMINAL PROHIBITION ON THE DISTRIBUTION OF

6 CERTAIN INFORMATION RELATING TO EX7 PLOSIVES, DESTRUCTIVE DEVICES, AND

8 WEAPONS OF MASS DESTRUCTION.

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

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

11 following:

12 ‘‘(p) DISTRIBUTION OF INFORMATION RELATING TO

13 EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF

14 MASS DESTRUCTION.—

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

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

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

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

19 meaning as in section 844(j); and

20 ‘‘(C) the term ‘weapon of mass destruc21 tion’ has the same meaning as in section

22 2332a(c)(2).

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

24 any person—
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1 ‘‘(A) to teach or demonstrate the making

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

3 a weapon of mass destruction, or to distribute

4 by any means information pertaining to, in

5 whole or in part, the manufacture or use of an

6 explosive, destructive device, or weapon of mass

7 destruction, with the intent that the teaching,

8 demonstration, or information be used for, or in

9 furtherance of, an activity that constitutes a

10 Federal crime of violence; or

11 ‘‘(B) to teach or demonstrate to any per12 son the making or use of an explosive, a de13 structive device, or a weapon of mass destruc14 tion, or to distribute to any person, by any

15 means, information pertaining to, in whole or in

16 part, the manufacture or use of an explosive,

17 destructive device, or weapon of mass destruc18 tion, knowing that such person intends to use

19 the teaching, demonstration, or information for,

20 or in furtherance of, an activity that constitutes

21 a Federal crime of violence.’’.

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

23 States Code, is amended—
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1 (1) in subsection (a), by striking ‘‘person who

2 violates any of subsections’’ and inserting the fol3 lowing: ‘‘person who—

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

5 (2) by striking the period at the end and insert6 ing ‘‘; and’’; and

7 (3) by adding at the end the following:

8 ‘‘(2) violates subsection (p)(2) of section 842,

9 shall be fined under this title, imprisoned not more

10 than 20 years, or both.’’; and

11 (4) in subsection (j), by striking ‘‘and (i)’’ and

12 inserting ‘‘(i), and (p)’’.

13 SEC.ll. SETTLEMENT OF CLAIMS OF MENOMINEE INDIAN

14 TRIBE OF WISCONSIN.

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

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

17 any funds in the Treasury of the United States not other18 wise appropriated, $32,052,547 for damages sustained by

19 the Menominee Indian Tribe of Wisconsin by reason of—

20 (1) the enactment and implementation of the Act

21 entitled ‘‘An Act to provide for a per capita distribu22 tion of Menominee tribal funds and authorize the

23 withdrawal of the Menominee Tribe from Federal ju24 risdiction’’, approved June 17, 1954 (68 Stat. 250 et

25 seq., chapter 303); and
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1 (2) the mismanagement by the United States of

2 assets of the Menominee Indian Tribe held in trust by

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

4 date of termination of Federal supervision of the Me5 nominee Indian Tribe of Wisconsin.

6 (b) EFFECT OF PAYMENT.—Payment of the amount re7 ferred to in subsection (a) shall be in full satisfaction of

8 any claims that the Menominee Indian Tribe of Wisconsin

9 may have against the United States with respect to the

10 damages referred to in that subsection.

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

12 the Menominee Indian Tribe of Wisconsin under subsection

13 (a) shall—

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

15 States Court of Federal Claims for the purposes of the

16 Indian Tribal Judgment Funds Use or Distribution

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

18 (2) be made in accordance with the requirements

19 of that Act on the condition that, of the amounts re20 maining after payment of attorney fees and litigation

21 expenses—

22 (A) at least 30 percent shall be distributed

23 on a per capita basis; and
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1 (B) the balance shall be set aside and pro2 grammed to serve tribal needs, including funding

3 for—

4 (i) educational, economic development,

5 and health care programs; and

6 (ii) such other programs as the cir7 cumstances of the Menominee Indian Tribe

8 of Wisconsin may justify.
Calendar No. 144

106TH CONGRESS

1ST SESSION S. 606

A BILL

For the relief of Global Exploration and Developposes. McGee Chemical Corporation), and for other pur- Kerr-McGee Chemical, LLC (successor to Kerr- ment Corporation, Kerr-McGee Corporation, and

JUNE 10, 1999

Reported with an amendment