[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1168 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1168

  For the relief of Retired Sergeant First Class James D. Benoit, Wan 
  Sook Benoit, and the estate of David Benoit, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 11, 1997

   Mr. Levin introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  For the relief of Retired Sergeant First Class James D. Benoit, Wan 
  Sook Benoit, and the estate of David Benoit, and for other purposes.

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

SECTION 1. CONSENT TO SUIT.

    Notwithstanding section 2735 of title 10, United States Code, and 
any other provision of law, the United States Court of Federal Claims 
shall have jurisdiction to hear, determine, and render judgment on a 
claim by Retired Sergeant First Class James D. Benoit, Wan Sook Benoit, 
or the estate of David Benoit concerning the death of David Benoit on 
June 28, 1983.

SEC. 2. LIMITATIONS PERIOD.

    Suit on a claim under section 1 may be instituted at any time not 
later than 1 year after the date of enactment of this Act.

SEC. 3. PRIOR SETTLEMENT.

    Settlement of a claim prior to the date of enactment of this Act 
shall not bar a claim under section 1. The damages awarded on a claim 
under section 1 shall reflect the settlement of a claim prior to the 
date of enactment of this Act.

SEC. 4. NO INFERENCE OF LIABILITY.

    Nothing in this Act shall be construed as an inference of liability 
on the part of the United States.
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