| Home > 106th Congressional Bills > H.R. 5452 (ih) For the relief of Andrea Patricia Burton. [Introduced in House] ...
H.R. 5452 (ih) For the relief of Andrea Patricia Burton. [Introduced in House] ...
H. R. 5451
For the relief of Marleen R. Delay.
IN THE HOUSE OF REPRESENTATIVES
October 11, 2000
Mr. Lantos introduced the following bill; which was referred to the
Committee on the Judiciary
For the relief of Marleen R. Delay.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Pacific Northwest River Basins Commission
(hereinafter in this Act referred to as the ``Commission'') was
established by Executive Order No. 11331 (March 6, 1967) (42
U.S.C. 1962b note) pursuant to section 201 of the Water
Resources Planning Act of 1965 (Public Law 89-80; 79 Stat. 246)
(42 U.S.C. 1962b).
(2) The Commission was chaired by a Federal official
appointed by the President.
(3) Among the Commission's members were representatives
from the former Department of Health, Education, and Welfare,
the Departments of Housing and Urban Development, Agriculture,
Commerce, Transportation (Coast Guard), and Energy, the
Environmental Protection Agency, the Water Resources Council,
the Army Corps of Engineers, and the Bonneville Power
(4) The Commission received a majority of its funding from
the Federal Government.
(5) The Commission was terminated by Executive Order No.
12319 (September 9, 1981) (42 U.S.C. 1962b note).
(6) In 1978, the Commission wrongfully terminated William
H. Delay from his employment in a position as a hydrological
(7) William H. Delay brought suit in the United States
District Court for the District of Oregon in 1980 (Civil Action
No. 80-549) and obtained a judgment against the Commission on
January 8, 1985, in the amount of $140,430, which represented
$93,000 in damages and $47,430 in prejudgment interest.
(8) William H. Delay obtained a renewed judgment on January
6, 1995, after several attempts to collect the judgment had
(9) William H. Delay has never collected any portion of the
judgment or the renewed judgment.
(10) William H. Delay died in 1998 and is survived by his
widow, Marleen R. Delay.
(b) Purpose.--The purpose of this Act is to fairly compensate
Marlene R. Delay for the wrongful termination of employment of her
deceased husband, William H. Delay, by the Commission in 1978.
SEC. 2. PAYMENT AND SATISFACTION OF JUDGMENT AGAINST UNITED STATES.
(a) Payment.--The Secretary of the Treasury shall pay, out of any
money in the Treasury not otherwise appropriated, to Marlene R. Delay,
of San Mateo, California--
(1) the sum of $140,430; and
(2) interest on such sum--
(A) calculated at the rate determined and in the
manner provided in subsections (a) and (b) of section
1961 of title 28, United States Code; and
(B) payable for the period beginning on January 8,
1985, and ending on the date on which such sum is paid.
(b) Satisfaction of Claim Against United States.--The payment in
subsection (a) shall be in full satisfaction of the renewed judgment in
favor of William H. Delay against the Pacific Northwest River Basins
Commission for wrongful termination of his employment.
SEC. 3. LIMITATION ON AGENT OR ATTORNEY FEES.
No agent or attorney shall receive more than 10 percent of any
amount described in section 2 for any service rendered in connection
with the payment made by this Act, notwithstanding any contract which
provides otherwise. Any person who violates this section shall be
guilty of an infraction and shall be subject to a fine in the amount
provided in title 18, United States Code.
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