[106th Congress Public Law 54]
[From the U.S. Government Printing Office]
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[DOCID: f:publ054.106]
[[Page 397]]
SATISFACTION AND SETTLEMENT OF CLAIMS AND CRIMINAL PENALTIES FOR
DISTRIBUTION OF INFORMATION ON EXPLOSIVE MATERIALS
[[Page 113 STAT. 398]]
Public Law 106-54
106th Congress
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. <<NOTE: Aug. 17,
1999 - [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);
[[Page 113 STAT. 399]]
``(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
[[Page 113 STAT. 400]]
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.
Approved August 17, 1999.
LEGISLATIVE HISTORY--S. 606:
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CONGRESSIONAL RECORD, Vol. 145 (1999):
July 1, considered and passed Senate.
Aug. 2, considered and passed House, amended.
Aug. 4, Senate concurred in House amendment.
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