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H.R. 5452 (ih) For the relief of Andrea Patricia Burton. [Introduced in House] ...
106th CONGRESS 2d Session 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 _______________________________________________________________________ A BILL 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 Administration. (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 engineer. (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 failed. (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. <all>
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