[Congressional Record Volume 147, Number 174 (Friday, December 14, 2001)]
[Senate]
[Page S13305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEVIN:
  S. 1834. A bill for the relief of retired Sergeant First Class James 
D. Benoit and Wan Sook Benoit; to the Committee on the Judiciary.
  Mr. LEVIN. Mr. President, I rise today to introduce a bill that I 
hope will assist a family in my home State of Michigan who suffered the 
death of their child while living on a U.S. Army base in the Republic 
of Korea. Nearly 18 years ago, Mr. James Benoit and his wife Mrs. Wan 
Sook Benoit lost their three year old son, David Benoit, in a tragic 
mishap.
  Some years ago, Mr. and Mrs. Benoit approached my office with a 
request for assistance. The Benoit family felt that they did not 
receive the relief that they were entitled to receive. To assist the 
family, I introduced two private relief bills that sought to give the 
Benoit family a hearing before the U.S. Court of Federal Claims.
  This case was referred to U.S. Court of Federal Claims as the result 
of private relief legislation I introduced. The legislation, S. 1168, 
gave the Court of Federal Claims ``jurisdiction to hear, determine and 
render judgement 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 28th 1983. On March 14, 2000, oral 
arguments were heard by the hearing officer assigned to the case and 
the hearing officer recommended to the Court of Federal Claims on July 
28, 2000, ``that Sergeant and Mrs.. Benoit be awarded $415,000 for the 
wrongful death of David Benoit.'' Subsequently on May 23, 2001, the 
Court of Federal Claims Review Panel upheld the conclusion of the 
hearing officer, and found that the plaintiffs ``have a valid and 
equitable claim against the United States.'' It went on to state that 
``the Review Panel recommends that plaintiffs be awarded $415,000.''
  As a result of these findings, I am introducing special legislation 
to provide relief consistent with the court's recommendation. This 
legislation can in no way compensate the Benoit's for the horrible loss 
that they have suffered. No amount of money can do that. However, as 
the court has stated, the Benoit family does indeed ``have a valid and 
equitable claim.'' It is my hope that Congress will act expeditiously 
to resolve this claim.

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