[Congressional Record Volume 145, Number 96 (Thursday, July 1, 1999)]
[Senate]
[Pages S8193-S8194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 RELIEF FOR GLOBAL EXPLORATION AND DEVELOPMENT CORPORATION, KERR-McGEE 
               CORPORATION, AND KERR-McGEE CHEMICAL, LLC

  Mr. GORTON. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of calendar No. 144, S. 606.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (S. 606) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with an 
amendment as follows:
  (The part of the bill intended to be inserted is shown in italic.)

                                 S. 606

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SATISFACTION OF CLAIMS AGAINST THE UNITED STATES.

       (a) Payment of Claims.--The Secretary of the Treasury shall 
     pay, out of money not otherwise appropriated--
       (1) to the Global Exploration and Development Corporation, 
     a Florida corporation incorporated in Delaware, $9,500,000;
       (2) to Kerr-McGee Corporation, an Oklahoma corporation 
     incorporated in Delaware, $10,000,000; and
       (3) to Kerr-McGee Chemical, LLC, a limited liability 
     company organized under the laws of Delaware, $0.
       (b) Condition of Payment.--
       (1) Global exploration and development corporation.--The 
     payment authorized by subsection (a)(1) is in settlement and 
     compromise of all claims of Global Exploration and 
     Development Corporation, as described in the recommendations 
     of the United States Court of Federal Claims set forth in 36 
     Fed. Cl. 776.
       (2) Kerr-mcgee corporation and kerr-mcgee chemical, llc.--
     The payment authorized by subsections (a)(2) and (a)(3) are 
     in settlement and compromise of all claims of Kerr-McGee 
     Corporation and Kerr-McGee Chemical, LLC, as described in the 
     recommendations of the United States Court of Federal Claims 
     set forth in 36 Fed. Cl. 776.

     SEC. 2. CRIMINAL PROHIBITION ON THE DISTRIBUTION OF CERTAIN 
                   INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE 
                   DEVICES, AND WEAPONS OF MASS DESTRUCTION.

       (a) Unlawful Conduct.--Section 842 of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(p) Distribution of Information Relating to Explosives, 
     Destructive Devices, and Weapons of Mass Destruction.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `destructive device' has the same meaning as 
     in section 921(a)(4);
       ``(B) the term `explosive' has the same meaning as in 
     section 844(j); and
       ``(C) the term `weapon of mass destruction' has the same 
     meaning as in section 2332a(c)(2).
       ``(2) Prohibition.--It shall be unlawful for any person--
       ``(A) to teach or demonstrate the making or use of an 
     explosive, a destructive device, or a weapon of mass 
     destruction, or to distribute by any means information 
     pertaining to, in whole or in part, the manufacture or use of 
     an explosive, destructive device, or weapon of mass 
     destruction, with the intent that the teaching, 
     demonstration, or information be used for, or in furtherance 
     of, an activity that constitutes a Federal crime of violence; 
     or
       ``(B) to teach or demonstrate to any person the making or 
     use of an explosive, a destructive device, or a weapon of 
     mass destruction, or to distribute to any person, by any 
     means, information pertaining to, in whole or in part, the 
     manufacture or use of an explosive, destructive device, or 
     weapon of mass destruction, knowing that such person intends 
     to use the teaching, demonstration, or information for, or in 
     furtherance of, an activity that constitutes a Federal crime 
     of violence.''.
       (b) Penalties.--Section 844 of title 18, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``person who violates 
     any of subsections'' and inserting the following: ``person 
     who--
       ``(1) violates any of subsections'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(2) violates subsection (p)(2) of section 842, shall be 
     fined under this title, imprisoned not more than 20 years, or 
     both.''; and
       (4) in subsection (j), by striking ``and (i)'' and 
     inserting ``(i), and (p)''.

     SEC.____. SETTLEMENT OF CLAIMS OF MENOMINEE INDIAN TRIBE OF 
                   WISCONSIN.

       (a) Payment.--The Secretary of the Treasury shall pay to 
     the Menominee Indian Tribe of Wisconsin, out of any funds in 
     the Treasury of the United States not otherwise appropriated, 
     $32,052,547 for damages sustained by the Menominee Indian 
     Tribe of Wisconsin by reason of--
       (1) the enactment and implementation of the Act entitled 
     ``An Act to provide for a per capita distribution of 
     Menominee tribal funds and authorize the withdrawal of the 
     Menominee Tribe from Federal jurisdiction'', approved June 
     17, 1954 (68 Stat. 250 et seq., chapter 303); and
       (2) the mismanagement by the United States of assets of the 
     Menominee Indian Tribe held in trust by the United States 
     before April 30, 1961, the effective date of termination of 
     Federal supervision of the Menominee Indian Tribe of 
     Wisconsin.
       (b) Effect of Payment.--Payment of the amount referred to 
     in subsection (a) shall be in full satisfaction of any claims 
     that the Menominee Indian Tribe of Wisconsin may have against 
     the United States with respect to the damages referred to in 
     that subsection.
       (c) Requirements for Payment.--The payment to the Menominee 
     Indian Tribe of Wisconsin under subsection (a) shall--
       (1) have the status of a judgment of the United States 
     Court of Federal Claims for the purposes of the Indian Tribal 
     Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et 
     seq.); and
       (2) be made in accordance with the requirements of that Act 
     on the condition that, of the amounts remaining after payment 
     of attorney fees and litigation expenses--

[[Page S8194]]

       (A) at least 30 percent shall be distributed on a per 
     capita basis; and
       (B) the balance shall be set aside and programmed to serve 
     tribal needs, including funding for--
       (i) educational, economic development, and health care 
     programs; and
       (ii) such other programs as the circumstances of the 
     Menominee Indian Tribe of Wisconsin may justify.

  Mr. FEINGOLD. Mr. President, I rise in support of the amendment to S. 
606, a bill for the Relief of Global Exploration and Development 
Corporation, Kerr-McGee and Kerr-McGee Chemical, offered by my 
colleague from Wisconsin, Senator Kohl. In 1954, Congress enacted 
``termination'' legislation eliminating the Menominee Indian Tribe of 
Wisconsin's federal trust status. At that time, the Menominee Tribe was 
ill-prepared to function outside of the federal trust system. The 
Tribe's lack of readiness became quickly apparent when, upon 
termination, the Tribe was plunged into years of severe impoverishment 
and community turmoil. Today, with this amendment, we seek to provide 
redress for some of that severe turmoil, and the mismanagement of 
tribal resources in the period following the enactment of termination 
legislation.
  I am pleased that this issue is finally being resolved, in part. This 
Menominee Settlement claim has been an active issue throughout my 
tenure in the Senate. In the five years since the original legislative 
reference was referred by the Senate to the Court of Claims, the tribe 
and the federal government have engaged in extensive litigation and 
negotiation. Following documentation and negotiations by both sides, 
the United States, represented by the Department of Justice, and the 
Menominee Indian Tribe of Wisconsin agreed upon a settlement of the 
claims of the Tribe for a sum of $32,052,547, subject to passage of the 
necessary legislation by Congress. This amendment will legislatively 
complete that settlement.
  This settlement cannot undo the suffering of the Menominee people. 
The reservation, the boundaries of which are entirely co-terminous with 
the boundaries of Menominee County, is acknowledged to be still 
experiencing some of the most significant levels of poverty and 
economic dislocation in my entire state. The compensation for the lack 
of management of forestry and other reservation resources provided in 
this settlement, though it cannot undo the past, can help the Menominee 
Nation to seek a bright future. I know the Menominee Nation looks 
forward to assisting its people and the surrounding communities through 
the use of these funds.
  In conclusion, I also want to acknowledge the leadership of my 
colleague from Wisconsin on this issue. He has taken on significant 
responsibility in seeking to right this wrong and I commend him for it. 
Thank you.
  Mr. GORTON. Mr. President, I ask unanimous consent that the committee 
substitute be agreed to, the bill be considered read the third time and 
passed, the motion to reconsider be laid upon the table, and any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 606), as amended, was considered read the third time, 
and passed.

                                 S. 606

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SATISFACTION OF CLAIMS AGAINST THE UNITED STATES.

       (a) Payment of Claims.--The Secretary of the Treasury shall 
     pay, out of money not otherwise appropriated--
       (1) to the Global Exploration and Development Corporation, 
     a Florida corporation incorporated in Delaware, $9,500,000;
       (2) to Kerr-McGee Corporation, an Oklahoma corporation 
     incorporated in Delaware, $10,000,000; and
       (3) to Kerr-McGee Chemical, LLC, a limited liability 
     company organized under the laws of Delaware, $0.
       (b) Condition of Payment.--
       (1) Global exploration and development corporation.--The 
     payment authorized by subsection (a)(1) is in settlement and 
     compromise of all claims of Global Exploration and 
     Development Corporation, as described in the recommendations 
     of the United States Court of Federal Claims set forth in 36 
     Fed. Cl. 776.
       (2) Kerr-mcgee corporation and kerr-mcgee chemical, llc.--
     The payment authorized by subsections (a)(2) and (a)(3) are 
     in settlement and compromise of all claims of Kerr-McGee 
     Corporation and Kerr-McGee Chemical, LLC, as described in the 
     recommendations of the United States Court of Federal Claims 
     set forth in 36 Fed. Cl. 776.

     SEC. 2. CRIMINAL PROHIBITION ON THE DISTRIBUTION OF CERTAIN 
                   INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE 
                   DEVICES, AND WEAPONS OF MASS DESTRUCTION.

       (a) Unlawful Conduct.--Section 842 of title 18, United 
     States Code, is amended by adding at the end the following:
       ``(p) Distribution of Information Relating to Explosives, 
     Destructive Devices, and Weapons of Mass Destruction.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `destructive device' has the same meaning as 
     in section 921(a)(4);
       ``(B) the term `explosive' has the same meaning as in 
     section 844(j); and
       ``(C) the term `weapon of mass destruction' has the same 
     meaning as in section 2332a(c)(2).
       ``(2) Prohibition.--It shall be unlawful for any person--
       ``(A) to teach or demonstrate the making or use of an 
     explosive, a destructive device, or a weapon of mass 
     destruction, or to distribute by any means information 
     pertaining to, in whole or in part, the manufacture or use of 
     an explosive, destructive device, or weapon of mass 
     destruction, with the intent that the teaching, 
     demonstration, or information be used for, or in furtherance 
     of, an activity that constitutes a Federal crime of violence; 
     or
       ``(B) to teach or demonstrate to any person the making or 
     use of an explosive, a destructive device, or a weapon of 
     mass destruction, or to distribute to any person, by any 
     means, information pertaining to, in whole or in part, the 
     manufacture or use of an explosive, destructive device, or 
     weapon of mass destruction, knowing that such person intends 
     to use the teaching, demonstration, or information for, or in 
     furtherance of, an activity that constitutes a Federal crime 
     of violence.''.
       (b) Penalties.--Section 844 of title 18, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``person who violates 
     any of subsections'' and inserting the following: ``person 
     who--
       ``(1) violates any of subsections'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(2) violates subsection (p)(2) of section 842, shall be 
     fined under this title, imprisoned not more than 20 years, or 
     both.''; and
       (4) in subsection (j), by striking ``and (i)'' and 
     inserting ``(i), and (p)''.

     SEC. 3. SETTLEMENT OF CLAIMS OF MENOMINEE INDIAN TRIBE OF 
                   WISCONSIN.

       (a) Payment.--The Secretary of the Treasury shall pay to 
     the Menominee Indian Tribe of Wisconsin, out of any funds in 
     the Treasury of the United States not otherwise appropriated, 
     $32,052,547 for damages sustained by the Menominee Indian 
     Tribe of Wisconsin by reason of--
       (1) the enactment and implementation of the Act entitled 
     ``An Act to provide for a per capita distribution of 
     Menominee tribal funds and authorize the withdrawal of the 
     Menominee Tribe from Federal jurisdiction'', approved June 
     17, 1954 (68 Stat. 250 et seq., chapter 303); and
       (2) the mismanagement by the United States of assets of the 
     Menominee Indian Tribe held in trust by the United States 
     before April 30, 1961, the effective date of termination of 
     Federal supervision of the Menominee Indian Tribe of 
     Wisconsin.
       (b) Effect of Payment.--Payment of the amount referred to 
     in subsection (a) shall be in full satisfaction of any claims 
     that the Menominee Indian Tribe of Wisconsin may have against 
     the United States with respect to the damages referred to in 
     that subsection.
       (c) Requirements for Payment.--The payment to the Menominee 
     Indian Tribe of Wisconsin under subsection (a) shall--
       (1) have the status of a judgment of the United States 
     Court of Federal Claims for the purposes of the Indian Tribal 
     Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et 
     seq.); and
       (2) be made in accordance with the requirements of that Act 
     on the condition that, of the amounts remaining after payment 
     of attorney fees and litigation expenses--
       (A) at least 30 percent shall be distributed on a per 
     capita basis; and
       (B) the balance shall be set aside and programmed to serve 
     tribal needs, including funding for--
       (i) educational, economic development, and health care 
     programs; and
       (ii) such other programs as the circumstances of the 
     Menominee Indian Tribe of Wisconsin may justify.

                          ____________________