[Congressional Record Volume 147, Number 178 (Thursday, December 20, 2001)]
[Senate]
[Pages S14080-S14081]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 RELIEF FOR RETIRED SERGEANT FIRST CLASS JAMES D. BENOIT AND WAN SOOK 
                                 BENOIT

  Mr. REID. Mr. President, I ask unanimous consent that the Judiciary 
Committee be discharged from further consideration of S. 1834, and that 
the Senate proceed to its immediate consideration.
  The PRESIDENT pro tempore. Without objection, it is so ordered. The 
clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1834) for the relief of retired Sergeant First 
     Class James D. Benoit and Wan Sook Benoit.

  There being no objection, the Senate proceeded to consider the bill.

[[Page S14081]]

  Mr. REID. Mr. President, I ask unanimous consent that the bill be 
read a third time, passed, and the motion to reconsider be laid upon 
the table, with no intervening action or debate, and that any 
statements related to the bill be printed in the Record.
  The PRESIDENT pro tempore. Without objection, it is so ordered.
  The bill (S. 1834) was read the third time and passed, as follows:

                                S. 1834

       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.

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