[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1834 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1834

For the relief of retired Sergeant First Class James D. Benoit and Wan 
                              Sook Benoit.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 14, 2001

   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 and Wan 
                              Sook Benoit.

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

SECTION 1. REQUIREMENT TO PAY CLAIMS.

    (a) Payment Required.--The Secretary of the Treasury is authorized 
and directed to pay, out of any money in the Treasury not otherwise 
appropriated, to James D. Benoit and Wan Sook Benoit, jointly, the sum 
of $415,000, in full satisfaction of all claims described in subsection 
(b), such amount having been determined by the United States Court of 
Federal Claims as being equitably due the said James D. Benoit and Wan 
Sook Benoit pursuant to a referral of the matter to that court by 
Senate Resolution 129, 105th Congress, 1st session, for action in 
accordance with sections 1492 and 2509 of title 28, United States Code.
    (b) Covered Claims.--Subsection (a) applies with respect to all 
claims of the said James D. Benoit, Wan Sook Benoit, and the estate of 
David Benoit against the United States for compensation and damages for 
the wrongful death of David Benoit, the minor child of the said James 
D. Benoit and Wan Sook Benoit, pain and suffering of the said David 
Benoit, loss of the love and companionship of the said David Benoit by 
the said James D. Benoit and Wan Sook Benoit, and the wrongful 
retention of remains of the said David Benoit, all resulting from a 
fall sustained by the said David Benoit, on June 28, 1983, from an 
upper level window while occupying military family housing supplied by 
the Army in Seoul, Korea.

SEC. 2. LIMITATION ON USE OF FUNDS FOR ATTORNEYS' FEES.

    No part of the amount appropriated by section 1 in excess of 10 
percent thereof shall be paid or delivered to or received by any agent 
or attorney on account of services rendered in connection with this 
claim, any contract to the contrary notwithstanding. Violation of the 
provisions of this section is a misdemeanor punishable by a fine not to 
exceed $1,000.
                                 <all>