[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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