[107th Congress Private Law 2]
[From the U.S. Government Publishing Office]
<DOC>
[DOCID: f:pvtl002.107]
Private Law 107-2
107th Congress
An Act
For the relief of retired Sergeant First Class James D. Benoit and Wan
Sook Benoit. <<NOTE: Oct. 1, 2002 - [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) <<NOTE: Applicability. David Benoit.>> 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.