[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5451 Introduced in House (IH)]







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>