[Congressional Record Volume 145, Number 111 (Monday, August 2, 1999)]
[House]
[Pages H6770-H6771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

  Mr. McCOLLUM. Mr. Speaker, I move to suspend the rules and pass the 
Senate 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, as amended.
  The Clerk read as follows:

                                 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.
       (c) Limitation on Fees.--Not more than 15 percent of the 
     sums authorized to be paid by subsection (a) shall be paid to 
     or received by any agent or attorney for services rendered in 
     connection with the recovery of such sums. Any person 
     violating this subsection shall be fined not more than 
     $1,000.

     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)--
       (A) by striking ``person who violates any of subsections'' 
     and inserting the following: ``person who--
       ``(1) violates any of subsections'';
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (C) 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
       (2) in subsection (j), by inserting ``and section 842(p)'' 
     after ``this section''.

     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.
       (d) Limitation on Fees.--Not more than 15 percent of the 
     sums authorized to be paid by subsection (a) shall be paid to 
     or received by any agent or attorney for services rendered in 
     connection with the recovery of such sums. Any person 
     violating this subsection shall be fined not more than 
     $1,000.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. McCollum) and the gentlewoman from California (Ms. 
Lofgren) each will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. McCollum).


                             General Leave

  Mr. McCOLLUM. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks, and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, section 1 of this legislation will right a long-standing 
wrong involving the Federal Government and Global Exploration and 
Development Corporation and Kerr-McGee Corporation. Global and Kerr-
McGee became embroiled in a dispute with the Department of Interior 
more than 20 years ago when they were improperly denied an opportunity 
to participate in the environmental assessment process of a potential 
mining site in the Osceola Forest in Florida.
  In January 1991, I introduced legislation for the relief of Global 
and Kerr-McGee for damages incurred due to wrongful government actions. 
That bill was successfully referred to the U.S. Court of Federal Claims 
which ruled that the Government had, in fact, committed a wrongful act. 
The parties subsequently reached a settlement, the terms of which are 
embodied in this legislation.
  Mr. Speaker, I am hopeful that the passage of this legislation will 
bring long awaited and long overdue relief for the parties involved. 
Protecting private rights and rectifying public wrongs are essential if 
we are truly a government of, for, and by the people.
  The second section of S. 606, authored by Senator Diane Feinstein, 
would amend the Federal Criminal Code to prohibit any person from 
teaching or demonstrating the making or use of an explosive, 
destructive device, or weapon of mass destruction. This conduct would 
be criminal if accompanied by either the intent that the teaching, 
demonstrating, or information be used for or in furtherance of an 
activity that constitutes a Federal crime of violence, or knowing that 
a person intends to use the teaching, demonstration, or information for 
such activity.
  We live in dangerous times and some believe that in the next century 
we may witness an unprecedented number

[[Page H6771]]

 of acts of terror in the United States. We face the very real threat 
that a weapon of mass destruction will be used against civilians in a 
major American city in the next 10 or 20 years. We certainly pray that 
does not happen, but we must do everything in our power to reduce the 
threat of terrorism on a massive scale.

                              {time}  1430

  No one should be allowed to distribute bomb-making information with 
the intent that it be based and be used to commit a violent crime. This 
legislation has been carefully crafted to prohibit and punish conduct, 
not speech, and I am quite confident it will withstand constitutional 
challenge. Senator Feinstein worked with the Justice Department on the 
constitutionality, and they support it.
  With the Internet, it has become all too easy to disseminate bomb-
making information to anyone with a personal computer. While we cannot 
and should not inhibit constitutionally-protected speech, we can and 
should do everything in our power to prohibit the dissemination of 
bomb-making information to commit a violent crime.
  Similar or virtually identical provisions were passed on the floor of 
this House were passed previously and I am confident this will now 
finally become law if we pass it today.
  Now, I turn to section 3 of this bill. S.606 additionally authorizes 
the U.S. Government to finally make good on a $32 million court 
settlement with the Menominee Indian Tribe of Wisconsin. The history of 
this settlement can be traced back to 1954, when the Federal Government 
terminated the tribe's Federal trust status and the Bureau of Indian 
Affairs grossly mismanaged many of the tribe's assets.
  In 1967, the tribe filed a lawsuit challenging this determination and 
seeking damages. After decades of litigation, in 1993 Congress passed a 
congressional reference directing the U.S. Claims Court to determine 
what damages, if any, were owed the tribe.
  Finally, in August of last year, the tribe and the Federal Government 
presented a settlement agreement to the Claims Court paying the tribe 
$32 million. That settlement was approved by the court. These dollars 
will only be used to improve education, health care, and economic 
opportunities for the tribe and the areas surrounding the reservation.
  I particularly want to commend the gentleman from Wisconsin (Mr. 
Green) and the gentleman from Wisconsin (Mr. Sensenbrenner) for their 
work in this particular area.
  In closing, Mr. Speaker, though these three provisions are somewhat 
related, and as such a good illustration of the more open rules of 
process employed by the other body, each of the legislative initiatives 
contained within S.606 are straightforward and relatively 
noncontroversial. I ask for the support of this bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill, which passed both the Subcommittee on 
Immigration and Claims and the full Committee on the Judiciary during 
the 105th Congress, and passed the full Senate this year, will pay $10 
million and $9,500,000 respectively to Kerr-McGee Corporation and 
Global Exploration and Development Corporation based on the 
recommendation made by the Court of Claims as to the amounts equitably 
due those companies.
  This legislation is intended to resolve litigation between the 
Federal Government and these corporations. This litigation was based 
upon the corporations' allegations that the United States improperly 
failed to grant or approve leases or to allow phosphate mining by 
Global and Kerr-McGee Corporations in Osceola National Forest.
  After a 6-week trial before the Court of Federal Claims, but before 
the court could issue an opinion, the parties agreed to a joint 
stipulation of settlement and submitted this stipulation to the court. 
On November 18, 1996, the court published its recommendation to 
Congress that the disputes be settled for the amounts set forth in this 
bill.
  The Court's recommendation to Congress was not based upon the finding 
of any wrongdoing by the United States in its dealings with Global or 
the Kerr-McGee Corporations. Rather, the court's recommendation was 
based upon and limited to a finding that an equitable claim against the 
United States existed and it was in the best interest of all parties to 
settle this claim for the amounts set forth in the bill.
  Mr. Speaker, I urge that my colleagues vote in favor of passing S. 
606.
  Mr. Speaker, I would note that the section referred to in the bill by 
my colleague, the chairman of the Subcommittee on Crime, relative to 
penalties for teaching individuals weapons of mass destruction may or 
may not prove violative of the first amendment. But clearly a very 
strong effort has been made to comport with the requirements of the 
first amendment, and I would urge my colleagues to support the measure. 
We will certainly find out soon enough whether our efforts to succeed 
in that regard are successful or not when the measure is challenged in 
court.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McCOLLUM. Mr. Speaker, I yield 2 minutes to the gentleman from 
Wisconsin (Mr. Sensenbrenner).
  Mr. SENSENBRENNER. Mr. Speaker, I thank the gentleman from Florida 
for yielding me this time.
  Let me just put a word of procedural caution relative to how this 
bill is being considered. All three of the provisions of this bill have 
merit and should be enacted into law on their own. Two of them are 
private bills in nature, the Kerr-McGee settlement and the Menominee 
Indian Tribe settlement, and the other provision is public in nature 
relative to disseminating on the Internet a do-it-yourself kit on how 
individuals can make their own weapons of mass destruction. So they all 
should become law, and I support this legislation today.
  However, I am disturbed at the practice of the other body in mixing 
public and private legislation in the same bill, and I would hope that 
the consideration of this bill today as a mixture of both public 
legislation and private legislation will not be viewed as a precedent 
for future mixings by either this body or the other body.
  I would hope that this motion to suspend the rules will be 
overwhelmingly agreed to so that we can get these three items out of 
the way and enacted into law, but I would hope we would be a little bit 
more careful procedurally as we deal with both public and private 
legislation in the future.
  Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume 
to simply respond that I think the gentleman from Wisconsin's point is 
well taken, I concur, and I also agree we should move forward today but 
we ought to be more vigilant. I appreciate his remarks.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. McCOLLUM. Mr. Speaker, I yield myself such time as I may consume 
to conclude.
  I think it has been well stated what is in this legislation. It is 
good legislation. It is three separate provisions that should become 
law, and I urge its adoption.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore (Mr. Stearns). The question is on the motion 
offered by the gentleman from Florida (Mr. McCollum) that the House 
suspend the rules and pass the Senate bill, S. 606, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

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