V

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—The Congress finds the following:

5 (1) The Pacific Northwest River Basins Com6 mission (hereinafter in this Act referred to as the

7 ‘‘Commission’’) was established by Executive Order

8 No. 11331 (March 6, 1967) (42 U.S.C. 1962b note)

9 pursuant to section 201 of the Water Resources

10 Planning Act of 1965 (Public Law 89–80; 79 Stat.

11 246) (42 U.S.C. 1962b).
2

•HR 5451 IH

1 (2) The Commission was chaired by a Federal

2 official appointed by the President.

3 (3) Among the Commission’s members were

4 representatives from the former Department of

5 Health, Education, and Welfare, the Departments of

6 Housing and Urban Development, Agriculture, Com7 merce, Transportation (Coast Guard), and Energy,

8 the Environmental Protection Agency, the Water

9 Resources Council, the Army Corps of Engineers,

10 and the Bonneville Power Administration.

11 (4) The Commission received a majority of its

12 funding from the Federal Government.

13 (5) The Commission was terminated by Execu14 tive Order No. 12319 (September 9, 1981) (42

15 U.S.C. 1962b note).

16 (6) In 1978, the Commission wrongfully termi17 nated William H. Delay from his employment in a

18 position as a hydrological engineer.

19 (7) William H. Delay brought suit in the

20 United States District Court for the District of Or21 egon in 1980 (Civil Action No. 80–549) and ob22 tained a judgment against the Commission on Janu23 ary 8, 1985, in the amount of $140,430, which rep24 resented $93,000 in damages and $47,430 in pre25 judgment interest.
3

•HR 5451 IH

1 (8) William H. Delay obtained a renewed judg2 ment on January 6, 1995, after several attempts to

3 collect the judgment had failed.

4 (9) William H. Delay has never collected any

5 portion of the judgment or the renewed judgment.

6 (10) William H. Delay died in 1998 and is sur7 vived by his widow, Marleen R. Delay.

8 (b) PURPOSE.—The purpose of this Act is to fairly

9 compensate Marlene R. Delay for the wrongful termi10 nation of employment of her deceased husband, William

11 H. Delay, by the Commission in 1978.

12 SEC. 2. PAYMENT AND SATISFACTION OF JUDGMENT

13 AGAINST UNITED STATES.

14 (a) PAYMENT.—The Secretary of the Treasury shall

15 pay, out of any money in the Treasury not otherwise ap16 propriated, to Marlene R. Delay, of San Mateo,

17 California—

18 (1) the sum of $140,430; and

19 (2) interest on such sum—

20 (A) calculated at the rate determined and

21 in the manner provided in subsections (a) and

22 (b) of section 1961 of title 28, United States

23 Code; and
4

•HR 5451 IH

1 (B) payable for the period beginning on

2 January 8, 1985, and ending on the date on

3 which such sum is paid.

4 (b) SATISFACTION OF CLAIM AGAINST UNITED

5 STATES.—The payment in subsection (a) shall be in full

6 satisfaction of the renewed judgment in favor of William

7 H. Delay against the Pacific Northwest River Basins

8 Commission for wrongful termination of his employment.

9 SEC. 3. LIMITATION ON AGENT OR ATTORNEY FEES.

10 No agent or attorney shall receive more than 10 per11 cent of any amount described in section 2 for any service

12 rendered in connection with the payment made by this

13 Act, notwithstanding any contract which provides other14 wise. Any person who violates this section shall be guilty

15 of an infraction and shall be subject to a fine in the

16 amount provided in title 18, United States Code.

Æ