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.
Be it enacted by the Senate and House of Representa-
tives 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 Com-
mission (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, Com-
merce, 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 Execu-
tive Order No. 12319 (September 9, 1981) (42
U.S.C. 1962b note).
(6) In 1978, the Commission wrongfully termi-
nated 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 Or-
egon in 1980 (Civil Action No. 80–549) and ob-
tained a judgment against the Commission on Janu-
ary 8, 1985, in the amount of $140,430, which rep-
resented $93,000 in damages and $47,430 in pre-
judgment interest.
(8) William H. Delay obtained a renewed judg-
ment 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 sur-
vived by his widow, Marleen R. Delay.
(b) PURPOSE.—The purpose of this Act is to fairly
compensate Marlene R. Delay for the wrongful termi-
nation 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 ap-
propriated, 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 per-
cent 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 other-
wise. 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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