[Congressional Record (Bound Edition), Volume 148 (2002), Part 12]
[House]
[Page 16885]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  JAMES D. BENOIT AND WAN SOOK BENOIT

  The Clerk called the Senate bill (S. 1834) for the relief of retired 
Sergeant First Class James D. Benoit and Wan Sook Benoit.
  There being no objection, the Clerk read the Senate bill 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.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

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