100 20 12614 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, March 16, 2002 1:50 PM A valued opinion Victim's Compensation Board: I belong to a gay list which updated me on your policy of discrimnation. I was shocked to find out that monies are being withheld from the partners of gay and lesbian victims of September 11th. I did NOT realize that their lives were LESS IMPORTANT than other victim's families. I believe that the right approach is to compensate ALL vicitm's families regardless of sexual oreintation if the claim is a valid one. Equal distribution of funds acknowleges that EVERY person who died had value whether they were poor or rich, legal or illegal,american or foreign, heterosexual or not. We have all suffered enough without further degradations of this nature. IF I have to write to my congressman or even the President of the United States, I will. I was in New York City at the time of September 11th and I am a former New Yorker who attended graduate school at New York University and worked in the city. It will always be an integral part of who I am and I am not embarrassed to proclaim my homosexuality. I DO NOT find it relevant in assessing my self worth:I donated supplies,attended rallies, and volunteered at Nino's serving professionals who were working at Ground Zero site. I contriubuted as an AMERICAN first and that was how I was seen among the many who volunteered their time. Remember that during World War II, gay were disparaged and killed. They still have not received compensation for their injuries and indiginities they went through during the war. Are you equating the gay victim's families the same way? History will NOT be kind to those who do. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000939.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 8:29 AM 9-11 human rights issue December 19, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Plantation, FL September 11 Email: Date The local time and date when the message was written. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA002747.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, December 04, 2001 5:07 PM September 11 Victim Compensation Fund. I approve of the "September 11 Victim Compensation Fund." only if fairly distributed to ALL victims' families, regardless of marital status or sexual-preference. The terrorists drew no lines in choosing their victims, our country must draw no lines in compensating those who suffered the most personal of losses from these horrific attacks. Sincerely, Individual Comment San Jose, CA September 11 Email: Date The local time and date when the message was written. 2001-12-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000390.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 1:08 PM Equal Rights December 19, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Portland, OR September 11 Email: Date The local time and date when the message was written. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA002288.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. November 20, 2001 Mr. Kenneth L. Zwick, Director Office of Management Programs U.S. Department of Justice Civil Division Main Building, Room 3140 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Dear Mr. Zwick: The Justice Department has requested comments with respect to the implementation of regulations regarding the "September 11th Victim Compensation Fund of 2001." ("The Fund"). Unless otherwise noted, the comments that follow have not been adopted as the policy of the American Bar Association or any of its entities and should be considered solely as observations which the Attorney General of the United States, the Department of Justice and the Special Master may wish to consider in the drafting and implementing of regulations. However, the remarks do reflect input from the ABA's Sections of Dispute Resolution, Litigation, and Tort and Insurance Practice, each of which contributed significantly to the development of the concepts contained in this document. It should be a goal of the regulations required pursuant to the September 11th Compensation Act of 2001, to establish a compensation program that is simple, fair, predictable, cooperative with other compensation efforts and expeditious. Public confidence in the fairness and equity of the Fund program is essential to its success. While the Special Master must be empowered to make judgements about many variables impacting individual claims, the process must be viewed as one providing the citizens a certainty of recovery and reasonable awards consistent with the evidence that will be unique to each claimant. With the above guiding principles in mind, we submit the following remarks regarding the matters on which comment was solicited. I. GENERAL ISSUE OF ADMINISTRATION. A. "Interim Final" Rules by December 21, 2001 In order to ensure effective administration of the Fund, promote fairness and assure that victims are provided reliable information about their rights, the effective date of final and binding regulations should be December 21, 2001. Without the regulations being final on December 21, 2001, a claimant will not be in a position to definitively assess the efficacy of filing a claim on the date the Fund program is scheduled to begin. This would fall afoul of one of the goals of the Act, the resolution of claims in a reliable, expeditious manner. Additionally, not having a set of final regulations in place by December 21, 2001, will lead to confusion and may undermine public confidence in the Fund program. However, it is not necessary that all regulations be finalized by that time. Rather, regulations critical to commencement of operations should be fixed by December 21, 2001, and should be followed by such supplemental regulations as are found necessary. B. Good Cause Under 5 U.S.C. § 533 (d) Based on the delay that will take place if regulations are not in place by December 21, 2001, there is good cause under 5 U.S.C. 533(d) to waive the requirement that rules not go into effect for at least 30 days after promulgation absent good cause. Not having regulations in place in a timely fashion will lead to serious delay in claimant decision making regarding whether to seek compensation under the Fund and will ultimately delay payouts. C. Scope of "Interim Final" regulations The Department should complete a final version of the core regulations contemplated by § 407(1)-(4) by the statutorily stipulated date. It should, however, view such supplemental materials as are needed to improve the working of the process as fitting subjects for later promulgated regulations. D. Effect of Dismissal of a Lawsuit and Ineligible Claimants Comments were also solicited on whether a claimant who has a currently pending civil case and withdraws from such action by 90 days after the date the initial rules are promulgated is precluded from re-filing the action if: (a) the claimant ultimately elects not to file a compensation claim under the federal program; or (b) the claimant is determined by the Special Master not to be eligible. Electing not to file a claim should not be preclude any person from re-filing a lawsuit. Under the Act, the right to file a lawsuit is only waived if a claim is actually submitted. If a person is determined not to be eligible, his/her filing of a claim should not waive the right to file a lawsuit, as the Act applies only to individuals eligible to recover. II. THE FORMS TO BE USED IN SUBMITTING CLAIMS AND THE INFORMATION TO BE INCLUDED ON THE CLAIM FORMS. A. Breadth of Claim Form The claim filing process should be simple and easy. The goal of the filing process should be to secure sufficient incident information (precise location of the victim, documentation of injuries, proof of earnings history, proof of medical expenses, income tax returns, collateral source payments or contracts, etc.) to allow for determination of the total net award under the Program. 1. The Standard Claim Form should: (a) be printed in English but contain a statement that the Claim Form is available in all necessary other languages upon request; (b) prominently state that any individual filing a claim under the Act waives all rights to file a civil action; (c) state that the claimant need not be a U.S. citizen or resident; (d) state the eligibility requirements for being a claimant; (e) advise the claimant of his/her section 405 (b)(4) rights and recommend that the claimant seek counsel because the claimant will be waiving certain rights by participation in the Program such as the right to file a civil action and the right to judicial review; (f) list the items of damages recoverable and explain generally what the various items of economic and non-economic loss are; (g) indicate that the decision of the Special Master is final and not subject to judicial review; (h) state the penalties for filing a fraudulent claim; (i) state: "A submitted claim containing complete information as requested in this Claim Form (including all available supporting documentation) shall be considered properly filed. Only properly filed Claim Forms may be eligible for relief from the Fund"; (j) state: "A claim may be amended at any time prior to the close of the claimant's hearing. A claimant may amend his or her claim by changing the amount of compensation sought, elements of damages, or by supplementing his or her claim with the submission of additional supporting evidence; (k) specify the time limits involved in the claims process; (l) explain the review process. 2. The Standard Claim Form should request copies of the following documents: (a) birth certificates (claimant, decedent, and dependents); (b) marriage certificate (claimant, decedent); (c) death certificate (decedent); (d) passport, visa or green card or other appropriate identification (claimant, decedent); (e) federal income tax return or W-2 for years 1999, 2000 and 2001 (claimant or decedent); (f) claimant's or decedent's proof of physical harm or death; (g) verified written statement of how the claimant or decedent sustained injury or death as a result of the events of September 11 (the statement shall include where claimant or decedent was physically located at the time of injury or death, and a description of the injuries sustained, if known) and proof of physical presence; (h) financial records (claimant or decedent); (i) informational details of life insurance policies (decedent), disability documents, workers' compensation benefits, social security payments, pension documents, death benefit programs and medical insurance policies; and (j) any other documents or statements that the claimant believes support his or her claim. For good cause shown, Fund officials can waive production of any of these materials. The claimant shall have the right to subpoena documentation to comply with these requirements. The Form should be signed under oath by the claimant or the personal representative. B. When a Claim is "Filed" Due to stringent time requirements in the Act, the Claim Form should not be deemed "filed" until a determination has been made that the necessary documentation has been received. An Intake Office could be created to conduct an initial review and determine that: (1) the Standard Claim Form and supporting documents have been received and are in order; (2) the person submitting the claim is an eligible claimant or personal representative of a claimant and meets all other eligibility criteria; (3) the claimant suffered physical harm or death as a direct and proximate cause of the terrorist-related aircraft crashes of September 11, 2001; and (4) the claimant was physically present within the designated area during the designated period of time. The Intake Office should timely certify the claimant's eligibility or provide the claimant with notice of deficiency and an opportunity to correct deficiencies. 1. Missing Documentation - Effect on Date of Filing Claim To the extent claims substantially fail to comply with the filing requirements, they should be returned unprocessed within a specified period of time with a statement of the reasons why the claim is deficient. The claimant or claimant's personal representative should be allowed until the expiration of the applicable statute of limitations contained within the Act to correct any deficiencies. A claim would be deemed "filed," for purposes of the running of the 120-day time period, after any and all deficiencies are corrected. However, for purposes of the applicable statute of limitations contained within the Act, the claim will be deemed filed on the date of the initial submission to the Office of the Special Master. C. Adequacy of Documentation It is recommended that documentation requirements for date of birth, proof of physical presence, proof of physical harm of death, proof of collateral sources, and proof of other economic or noneconomic losses be patterned after those found in 28 C.F.R. §79.51 (regulations implementing the Radiation Exposure Compensation Act of 1990). With respect to the authenticity and reliability of documents, the requirement for originals, and execution of release of records, it is recommended that the regulations track those found in 28 C.F.R. §79.5 (regulations implementing the Radiation Exposure Compensation Act of 1990). The claimant or personal representative should bear the burden of providing all written medical documentation, contemporaneous records and other records or documents necessary to establish any and all criteria for compensation. Written records that exist independent of any claim filed should be afforded greater weight than affidavits and declarations created for the purpose of verifying a claim. (See 28 C.F.R. §79.4 (regulations implementing the Radiation Exposure Compensation Act of 1990). A determination should be made as to the accuracy of the supporting documents and information submitted with each claim. Since the overall process is intended to be non-adversarial, it is recommended that a verification procedure be adopted. This goal can be facilitated by a verification procedure similar to that which was utilized in the administration of the National Vaccine Injury Compensation Program (42 U.S.C. §300aa-1 et seq.). This procedure should be used to review questionable evidence referred by the Intake Officer to certify its accuracy and sufficiency. This procedure should expedite the claims resolution process and allow the Hearing Officer to process a greater number of claims with minimal procedural delays. III. PROCEDURES FOR HEARING AND THE PRESENTATION OF EVIDENCE. A. Procedures to be Used in Taking and Evaluating Evidence The Department has requested comments on the procedures to be used in taking and evaluating evidence. Keeping in mind the 120-day time limit under the statute, the following preliminary matters are suggested: (1) the claimant may extend said time or may waive the right to a hearing by making a written request to the Hearing Officer- - any such request must be signed by the claimant and; (2) the 120- day period for review and determination of a claim shall commence upon the date that the claim is deemed filed. The procedures for hearing should (1) provide for a fast-track, non-adversarial, expeditious proceeding for the resolution of claims; (2) include flexible standards of admissibility of evidence; (3) include the opportunity for claimants to submit arguments and evidence on the record without requiring routine use of lengthy oral examinations or hearings; (4) provide appropriate, limited discovery mechanisms for use by claimants; (5) provide options for mediation and/or more extensive evidentiary hearings as a second track process upon waiver of the 120-day time limit; (6) provide a decision on the record after an opportunity for fast-track hearing, or a decision following a mediation or more extensive evidentiary hearing, or a decision on final determination of the Special Master, as requested by the claimant, and (7) provide for a process outlining the timing and availability of oral argument with regard to appeals before the Special Master. B. Improperly Filed Claim or Lack of Adequate Supporting Information The Department has invited comments on whether the Special Master should be permitted to dismiss a claim as not properly filed for lack of adequate supporting information, and, if so whether an individual should thereafter be permitted to refile the claim. A claim which is not properly filed for lack of adequate supporting information should not be dismissed. Instead, claims that fail to comply with the requirements of the Act should be returned unprocessed to the claimant or the claimant's personal representative with a statement of reasons why the claim does not comply with the regulations. The claimant or claimant's personal representative should then be given the opportunity to correct the deficiencies and return the claim for filing. A claim should be deemed filed after any and all deficiencies are corrected. However, for purposes of the applicable statute of limitations, the claim will be deemed filed on the date of the initial submission to the Office of the Special Master. Support for such a procedure can be found in a similar provision under 28 C.F.R. §79.51. In conjunction with this recommendation, an Intake Office should be established to receive all claims submitted, provide forms for claimants' questions, and review the completeness of the forms and the sufficiency of the documents submitted. After a claim is received, the intake Office should certify each claimant's eligibility and entitlement to compensation or, in the case of deficient claims, provide the claimant with notice and an opportunity to correct the deficiencies. Additionally, to assure that claims are legitimate, a verification procedure should be established to make a determination as to the accuracy of the supporting documents and the information submitted with each claim. The verification procedure must establish and follow a review process that includes written, precise, and uniform instructions for determining the accuracy of claims. C. Hearings The Department has also requested comments on whether every claimant should be granted an oral hearing or whether paper hearings may be sufficient and has further requested comments on what types of oral hearings may be practicable, consistent with the statutory deadlines. On this topic, we propose a two-tiered approach which utilizes both an initial, expedited hearing and a more extensive evidentiary/fact-finding hearing (with an option for mediation) and determination review by the Special Master. This two-tiered approach is based upon the review process contained in 28 C.F.R. §79.52-79.54. This two-tiered approach is discussed below: 1. Initial Decision after expedited hearing. Following the date when a claim has been accepted for filling, a Hearing Officer shall review the claim, allow the claimant an opportunity for an expedited hearing and issue a written Initial Decision on the record. If deficiencies have not been corrected within the period allotted, the Office of the Special Master shall issue a decision denying the claim, and (a) any decision denying a claim shall set forth the reasons for denial; (b) any decision granting a claim shall set forth the reasons for granting relief and the amount of compensation due, after subtracting amounts received from collateral sources; and (c) all decisions of a Hearing Officer, whether granting or denying relief, shall indicate that the claimant or personal representative may elect to seek mediation and/or a more extensive de novo second- track full evidentiary hearing before a different Hearing Officer, or a direct appeal for determination to the Special Master. If a claimant or personal representative fails to file an election for further review with the Office of the Special Master, such person will be deemed to have filed an election to accept the judgement of the Hearing Officer as then sent to the Special Master for final determination. The Special Master shall then consider the claim and if he/she deems appropriate, enter a final determination which is not subject to judicial review. 2. Evidentiary Hearing. Upon waiver of the 120 day requirement, any claimant may elect a de novo second-track, more extensive evidentiary hearing conducted in the presence of a Hearing Officer. Claimants or personal representatives shall have the opportunity to present the evidence submitted for the Initial Decision as well as any other relevant evidence, and shall have the opportunity to present and examine witnesses. The Hearing Officer shall not be bound by formal rules of evidence or procedure. The hearing shall be conducted in a non-adversarial manner. The Hearing Officer who presides over the more extensive evidentiary hearing shall issue a written decision granting or denying the claim. The decision shall set forth the reasons for granting or denying relief. Where relief is granted, the Hearing Officer shall set forth his/her recommendation for the amount of compensation due, after subtracting amounts received from specifically identified collateral sources. Any decision denying or granting a claim must indicate that the decision will be reviewed by the Special Master. The Hearing Officer will forward his or her recommendation to the Special Master. The Special Master shall then review the recommendation of the Hearing Officer and enter a final determination which is not subject to judicial review. 3. Mediation The ABA has a long-standing policy in support of the use of Alternative Dispute Resolution techniques. Accordingly, as a possible alternative to the second-track more extensive hearing process, the Special Master may wish to permit, but shall not be required to do so, the use of mediation. If permitted, the Special Master should have discretion to select the form of mediation most suitable to the class of claims determined fit for mediation. In that event, a mediation process of the following sort should be offered. Upon waiver of the 120 day requirement, any claimant who chooses to mediate a claim shall be entitled to a mediation session attended by the claimant and a designee of the Special Master and facilitated by a qualified mediator who is neutral. If a mutually agreeable settlement recommendation is reached, the mediator shall then draft a statement indicating that a tentative settlement has been reached and setting forth the terms of the tentative settlement. Both the claimant and the designee of the Special Master must sign the settlement recommendation statement. A statement duly signed will be forwarded to the Special Master. The Special Master shall then review the recommendation of the mediation and enter a final determination which is not subject to judicial review. If the mediation is unable to settle the claim, the mediator may return the claim to a Hearing Officer for a de novo, more extensive evidentiary second-track hearing. 4. Appeal An appeal from the Initial Decision and expedited hearing or the decision of a Hearing Officer after a second-track, more extensive evidentiary hearing, must be in writing, and must be filed with the Appellate Section in the Office of the Special Master. The claimant or personal representative may set forth in the appeal the reasons for believing that the decision below is incorrect, but may not submit new written documentation or other records that were not provided to the Hearing Officer or to the mediator before the Hearing Officer issued a recommendation or the mediation occurred. The Special Master shall review the appeal on the record and issue a determination which shall either affirm or reverse the initial decision below or, when appropriate, remand the claim for further action. The memorandum of determination shall include a statement of the reasons for such reversal, affirmance, or remand. The Special Master's Office shall promptly inform the claimant or personal representative of the action of the Special Master. A determination affirming or reversing the decision below shall be final and not subject to judicial review. D. Hearing Officers The Department has also requested comments on whether the Special Master should use hearing officers to hear witnesses and review written evidence. If so, the Department has requested comments on what qualifications and training those who perform such tasks should have. Additionally, the Department has requested comments on what other specific duties and powers should be delegated to hearing officers. 1. Should Hearing Officers be used? Hearing Officers should be used in order to facilitate the expeditious review of claims. Section 405(b)(4)(B) expressly grants claimants the right to present evidence, including the presentation of witnesses and documents. When this section is read in conjunction with section 404(3), granting the Special Master the power to employ and supervise "Hearing Officers," it is clear that the Victim Compensation Act creates a right to hearing with a Hearing Officer. 2. What qualifications and training should Hearing Officers have? A Hearing Officer can be any individual who has experience and skill in presiding over or participating in adjudicatory proceedings such as trials, administrative actions, appeals, mediation or alternative dispute resolution. Hearing Officers can be retired or resigned federal court judges, retired or resigned federal magistrate judges, or retired or resigned state court judges of courts of general jurisdiction or appellate courts. The Special Master may determine that experienced lawyers who have not been judges are adequate to perform the tasks of some Hearing Officers. Employees of the United States government, the airline industry or insurance industry shall not be selected as Hearing Officers. Hearing Officers should be subject to removal by the Special Master for incompetence, misconduct, neglect of duty, physical or mental disability, or for other good cause shown. Additionally, no Hearing Officer shall conduct any proceedings with regard to a claim in which he or she is prejudiced or partial, or where he or she has any interest in the matter pending for decision. Hearing officers shall not be permitted to act in any claim involving a party that employed such Hearing Officer within one year before the adjudication of such claim. 3. Duties and powers of Hearing Officers Hearing Officers should be authorized to: (a) conduct expedited and more extensive hearings and adjudicate claims in accordance with these regulations and the Act, (b) administer oaths and examine witnesses; (c) compel the production of documents and appearance of witnesses by issuance of a subpoena; (d) prepare documents for signature of the parties; (e) issue decisions and orders with respect to claims under the Act; (f) grant continuances in appropriate circumstances; and (g) perform all other necessary actions to discharge the duties of Hearing Officer. IV. PROCEDURES TO ASSIST AN INDIVIDUAL IN FILING AND PURSUING CLAIMS A. Assistance By the Office of the Special Master Key to the success of the Program is the dissemination of explanatory information. To this end the Special Master should create: (a) a website containing a statement of claimant's rights, a description of the claim submission and review processes, and information pertaining to assistance with filing claims; (b) a toll-free number through which potential claimants and representatives may seek assistance in filing claims; and (c) a list of public libraries throughout the United States where claimants may obtain access to the Internet to aid them in submitting a claim. Claimants should be instructed to seek legal counsel if they so desire and should be referred to pro bono services that may be available. Intake Office In addition to conducting the initial screening of the Claim Form the Intake Office should answer claimants' questions and provide various forms to claimants. Intake Officers should explain the claims resolution process to potential claimants and educate claimants about those aspects of the process with which they are unfamiliar. Intake Officers must possess excellent communication skills. Knowledge of languages other than English would be particularly valuable. Otherwise translators should be made available upon request. Counseling skills could prove helpful during the early stages of the claims process. B. Expedited Processing A triage system should be established that would allow for expedited claims processing with respect to claimants in dire financial circumstances. They should be given the opportunity to be heard first (like recipients of Section 8 Housing who receive a point ranking based on need). The burden should be on the claimant to request expedited processing on a separate form and to provide reasons based on need that would justify earlier review. Also, the Special Master may, upon further request and for good cause shown, order an advance against the final compensation determination of up to 25,000. C. Attorney's Fees It is the ABA's policy that there be no arbitrary or unreasonable limitations placed on attorney fees in agency proceedings. The ABA believes that attorney fees charged in agency proceedings should be reasonable. The ABA also believes fee arrangements should be written in plain language that clearly identifies the basis on which a fee is to be calculated. Claimants should be instructed to seek legal counsel if they so desire and should be referred to pro bono services that may be available. V. CLAIMANT ELIGIBILITY The eligibility criteria for claims must be clarified so that resolution of claims can occur in a reliable, efficient, and non-adversarial manner, with minimal administrative cost to the claimant and to the United States. To further those goals and to better explain the requirements that a potential claimant must meet, definitions of eligible individuals in Section 405(c)(2) should be made more precise. While the legislation adequately describes a number of matters, the terms "present at," "physical harm," and "immediate aftermath" need to be defined. We suggest the following definitions: "Present at" should mean being at a location described in Section 405(c)(2)(A)(i) or contiguous thereto when physical harm occurs. "Physical harm" should mean a direct injury to a person and any proximately resulting physical condition or loss. "Immediate aftermath" should mean the time beginning with the hijackings of September 11,2001, and terminating at a time to be determined by the Special Master to encompass all provable injuries arising out of the events of September 11, 2001. A. Basic Criteria To establish eligibility for compensation under Section 405(c)(2), the individual filing a claim under the Act should be required to demonstrate by a preponderance of the evidence that each of the following criteria are satisfied: (1) the claimant was physically present at the affected area at the time, or in the immediate aftermath of the terrorist-related aircraft crashes of September 11, 2001; (2) the claimant suffered physical harm or death as a direct and proximate result of the terrorist-related aircraft crashes of September 11, 2001, while physically present within the affected area during the crash or the immediate aftermath; and (3) in the case of a deceased claimant, the individual filing a claim under the Act is the qualified personal representative of the decedent. A personal representative shall act on behalf of the decedent's beneficiaries as defined by the laws of the decedent's domicile. B. Evidence in Support of Claims All claims and supporting written affidavits and declarations should be under oath and subject to penalty [i.e., under the federal statute covering misrepresentations or perjury in applications to the federal government]. The claimant shall be granted the right to issue subpoenas to facilitate acquisition of evidence in support of a claim. The claims should contain: 1. Proof of the claimant's date of birth. The claimant's date of birth must be established by submitting a birth certificate. If the claimant has no birth certificate, proof of the claimant's date of birth should be established by one of the following records: (a) a baptismal certificate; (b) tribal records; or (c) hospital records of birth. 2. Proof of physical presence. For purposes of establishing eligibility, the claimant must have been physically present within the statutorily defined area during the designated time period. Proof of physical presence may be made by the submission of any trustworthy contemporaneous information or records that, on their face or in conjunction with other such records, establish that the claimant was present in the statutorily defined area during the designated time period. Contemporaneous records from the following sources are presumed to be trustworthy: (a) records of the federal government, any liberal government or any state, country, city or local governmental office, agency, department, board or other entity, or other public office or agency; (b) records of any private utility licensed or otherwise approved by any governmental entity, including any such utility providing telephone services, including wireless telephones services; (c) records of any religious organization that has tax-exempt status under section 501(c)(3) of the United States Internal Revenue Code; (d) records of any regularly conducted business activity or entity; (e) records of any recognized civic association or organization; or (f) medical records created during the designated time period. If the claimant or personal representative does not have contemporaneous records demonstrating proof of physical presence, the claimant or personal representative may submit written affidavits or declarations by the claimant's employer, if the claimant is or was employed by an entity in the statutorily defined area. If the claimant or personal representative does not have the affidavit or declaration of such employer, the claimant may submit written affidavits or declarations of any other individual or entity who is able to verify the claimant's physical presence. 3. Proof of physical harm or proof of death. (a) Proof of physical harm. Written medical documentation is required in all cases to prove that the claimant suffered or suffers from the physical harm that is a direct and proximate result of the terrorist-related aircraft crashes of September 11, 2001. Acceptable written medical documentation may come from the following sources: (i) hospitals, clinics, or treatment centers; (ii) reports of licensed physicians or other medical personnel; (iii) records of authorized rescue personnel; or (iv) official registries of injured persons maintained by Federal, State, or local governments. The written medical documentation submitted must contain sufficient information to allow the Office of the Special Master to determine the nature and extent of harm to the claimant. (b) Proof of death. Proof of the claimant's death or conclusively established by: (i) A showing that the claimant was either a member of the flight crew or a passenger on American Airlines flight 11 or 77 or United Airlines flight 93 or 175, on September 11, 2001; or (ii) A death certificate issued by appropriate authorities as defined under Federal, State or local law. 4. Waiver If the claimant or personal representative of a claimant does not have conclusive proof of any of the above-described evidence, the claimant or personal representative of a claimant may submit written affidavits or declarations by the claimant's employer, members of the claimant's family, or witnesses to the claimant's death or other reliable sources of proof. C. Limitations (1) Participants and representatives of participants. No individual identified by the Attorney General to have been a participant or conspirator in the terrorist-related aircraft crashes of September 11, 2001 and no representative of such individual shall be eligible to receive compensation under the Act. (2) Single claim. No more than one claim may be submitted under this title by an individual or on behalf of a deceased individual. (3) Waiver of civil actions. Upon the submission of a claim under the Act, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the terrorist-related crashes of September 11, 2001. The preceding sentence does not apply to a civil action to recover collateral source obligations. An individual who is a party to such a civil action may not submit a claim under this title unless such individual withdraws from such action by the date that is 90 days after the date on which these regulations are promulgated. (4) Time Limitation. No claim may be filed after the date that is two years after the date on which these regulations are promulgated. VI. NATURE AND AMOUNT OF COMPENSATION A. Schedule or Statistical Methodologies The Department has invited comments on whether and how schedules and statistical methodologies should be developed and used in reaching a determination for each claimant within the mandated time period. Schedules and statistical methodologies should not be developed and used. The Act establishes a process that entitles each claimant to a hearing at which he/she can present evidence and witnesses if he/she desires to do so. This requires each claim to be analyzed on an individual case-by-case basis. A pre-determined grid or matrix-type system will defeat the purpose and function of the Act; moreover, such a system will likely erode public confidence in the program's ability to offer full and fair compensation and due process protection. As the ABA Task Force on Terrorism and the Law has previously stated, the concepts of predictability and horizontal equity are of paramount importance to the perceived fairness of the Fund program. Hence, as awards are finalized a publicly-available data base ought to be created consistent with privacy concerns that will allow later claimants to assess prospects. B. Use of Experts There should not be a prohibition on the use of experts by claimants. Under the Act, each claimant is given the right to a hearing where he/she can present evidence and witnesses. Since each case is to be decided individually, there may be instances where expert testimony is required to prove and develop essential elements of a claim. However, with respect to economic experts material in report form rather that live testimony should be encouraged. C. Choice of Law The Department also seeks comments on which state's law should apply to both economic and non-economic damages. A uniform set of rules should be applied to all cases. This will provide a means of providing fair, equitable compensation for all individuals making a claim, although the amount awarded to various claimants will differ based on factors such as income earned. Having a different set of rules in place for different victims will lead to some victims recovering for items that may not be available under the laws applicable to other victims and vice versa. Such a result is not contemplated by the Act. Non-economic loses are not to be determined in accordance with any particular state law. Section 402(7) does not refer to "applicable state law." Moreover, §402(7) presents a comprehensive list of non-economic losses which may be recovered. Various states do not allow for certain of the non-economic damages which are specifically allowed by the Act. Therefore, using state law to determine non-economic damages will almost certainly conflict with the express language of the Act. We suggest that a uniform body of law be fashioned that effectuates each of the elements outlined in the Act. However, "Economic Loss" is defined under the Act as "any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law" (emphasis added). This seems to suggest that a choice of law must be made for economic losses. If so, it is proposed that the law of the domicile of the claimant, or the situs, at the election of the claimant, be chosen but only insofar as it is not in conflict with the requirements of the Act. If there is a conflict, the language of the Act must control. D. Collateral Sources The Department has requested comments on what constitutes a "collateral source" and on whether charitable contributions should be considered a "collateral source." Based on public policy considerations and the plain language of the Act, charitable contributions should not be considered collateral sources for the purposes of the Act. Additionally, public policy considerations and equity mandate that payments made to victims that carry with them a right of subrogation should not be considered collateral sources under the Act. 1. Charitable contributions shall not be considered Collateral Sources for the purposes of the Act. Including charitable contributions as collateral sources would be contrary to the Act because they are not in the same class of payments as the examples of collateral sources listed in the Act. (see §402(4)). The examples of collateral sources in the Act are all payments or assets that belong to the decedent by statute or contract. Charitable donations are not of the same character. It would be contrary to the spirit of charitable giving to include charitable contributions within the definition of collateral sources to defeat or reduce a person's claim. More importantly case law established that proper respect for Congressional powers implies that statutory construction must begin with the language employed by Congress and the assumption that the overriding meaning of that language accurately expresses legislative purpose. If the Congress wanted to reduce the amount of the award by the amount of the charitable contributions/gifts received they would have, or should have, explicitly noted it in the Act. Under 404(a)(2)(B)(iii), a Claim Form must include "information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of crashes." While a claimant might have already received some charitable assistance, much of this assistance may come after the claimant completes the Fund process or during the Fund process. Furthermore, a claimant is not "entitled" to receive that money. For these reasons, the regulations should make clear that charitable assistance contributions are not considered a collateral source. 2. Contributions subject to subrogation rights shall not be considered collateral sources for the purposes of the Act. A collateral source rule usually operates to allow recovery of losses compensated by insurance and is traditionally justified on two grounds: (1) it preserves the insurer's right to subrogation and (2) it preserves the injured party the benefit of insurance for which he has paid. Dan B. Dobbs, The Law of Torts §380 at 158-59. Allowing the reduction of a collateral source which has a subrogation right attached to it from the damages the claimant is entitled to under the Act will result in reducing the compensation from the claimant twice. It will allow for the reduction in damages from the claimant under the Act for a collateral source the claimant has paid for; at the same time, the claimant will be required to pay back the amount paid under the subrogation clause to the original payee of the benefits. For this reason, the following procedure should be applied: collateral source does not include benefits paid or payable by a person, partnership, association, corporation, or other legal entity entitled by contract or statute to a lien against the proceeds of a recovery by a claimant for damages under the Act. Support for this is found in Michigan Compiled Laws Annotated, Section 600.6303(4). Finally, any collateral source deduction should only be made from the determined economic losses. 3. Final collateral source consideration. If the Special Master decides, however, to deem charitable contributions and contributions subject to subrogation rights as collateral sources and subtracts these amounts from the award, at a minimum, the regulation should require that the original payee will have no right to enforce any subrogation clause in its contract against the claimant for any amount deducted from an award. In addition, the award document itself, should show precisely the amount and source of any collateral source being deducted from the award and should clearly tell the claimant that he/she has no responsibility for reimbursing those payees for any funds that they received at an earlier date. If there is not a vested right under contract or some other means to enforce payment by the claimant, those funds should not be considered a collateral source and should not be deducted from the award. VII. OFFICE OF THE SPECIAL MASTER The duties and responsibilities of the Special Master should also be established. These should be modeled after the Special Master provisions of the National Vaccine Injury Compensation Program, 42 U.S.C. §§300aa-12(c) - 300aa(12)(d). The Special Master should be charged with: (1) administering the Office of the Special Master and its staff, providing for the efficient, expeditious and effective handling of claims, and performing such other duties related to the Act as may be assigned by the Attorney General; (2) administering the September 11th Victim Compensation Fund of 2001 Program; (3) appointing and fixing the salary and duties of Hearing Officers; (4) appointing and fixing the salary and duties of Mediators; (5) establishing and fixing the salary and duties of personnel in the Intake Office; (6) establishing and fixing the salary and duties of personnel in the Verification Office; (7) appointing and supervising such administrative personnel as are necessary; (8) hearing appeals from decisions of Hearing Officers; (9) rendering final determinations of claims; (10) reporting every six months to the Attorney General on the number of claims filed under the Act and their disposition, the types and amounts of awards, the length of time for the disposition of claims, the cost of administering the Program, and recommendations for changes in the Program; (11) developing Claim Forms in accordance with section 405(a)(2) of the Act; (12) establishing all necessary orders rules, guidelines and procedures; and (13) reporting to Congress on a yearly basis on the operation of the Program. VII. ASSESSMENT PROGRAM Not later than December 31, 2004, the Attorney General, in consultation with the Special Master, shall submit a report on the performance of the Fund established by the September 11th Victim Compensation Act of 2001. This report shall include as assessment of the extent to which the Fund has equitably and efficiently provided compensation to individuals (or relatives of deceased individuals) who were physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001. The report shall identify the extent to which specific provisions of the Act and of the regulations subsequently promulgated to carry out the Act have affected the equity and efficiency of the compensation provided by the Fund. The report shall also compare the net compensation obtained by claimants against the Fund to the net compensation obtained by claimants who pursue a civil action in any Federal or state court for damages sustained as a result of the terrorist-related crashes of September 11, 2001, taking account of the claimants' injuries and losses. This report shall be based on a study conducted by an independent research organization with expertise in the area of compensation for personal injuries and experience in empirically analyzing the performance of diverse systems used to compensate injury victims. The Special Master and the Fund shall collect the information needed to support the evaluation as specified by the independent research organization. IX. OTHER CONSIDERATIONS 1. The ABA Sections that have significantly contributed to these comments are positioned to submit comprehensive additional comments and a Claim Form for use in administering the Fund Program. The ABA stands ready to provide this additional information upon request. 2. Experience in prior claim programs has demonstrated the need, where appropriate, for waiver or minor extensions of otherwise applicable filing and determination deadlines. This principle is reflected in the above comments. However, in crafting such provisions, the Special Master needs to fix an expedient end date for all determinations to fulfill the Congressional mandate and intent of the Act. 3. The Special Master is encouraged to development regulations to address questions of fraudulent claiming. Respectfully submitted, Comment By American Bar Association's Task Force on Terrorism and the Law September 11 Email: Date The local time and date when the message was written. 2001-11-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000774.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. 9 January 2002 To our Elected Officials: In the immediate aftermath of the tragic attack of September 11th upon our nation, Congress enacted the Victims' Compensation Fund of 2001 P.L. 107-42, to compensate the relatives of the victims of that brutal attack. As you know, this Fund was enacted as part of a comprehensive package which bailed out the airlines industry and imposed restrictions on the rights of the victims' relatives to sue the airlines in court. We implore upon you, as our elected officials, to demand changes to the interim rules issued by Kenneth Feinberg, the Special Master. As it stands, Mr. Feinberg's self-imposed rules fail to satisfy the letter or the spirit of the legislation which was enacted. Specifically, we request that you act on our behalf and demand the following changes to the interim rules: 1. The arbitrary income limits imposed by the Special Master are not only unfair but also inconsistent with the letter and the spirit of the law. Those victims from the financial industry are specifically harmed by this limit. They were targeted and murdered precisely because of the jobs they held, and where they worked-the World Trade Center, the Financial Capital of the world, the embodiment of financial success. Those who achieved such success should see that reflected in their awards. They personified American Business and commerce, democracy and freedom. We ask that you demand that Mr. Feinberg lift the arbitrary income limits so that each family can be treated fairly, commensurate with the support they provided their families before their death. 2. Mr. Feinberg has arbitrarily restricted the non-economic awards for pain and suffering, no matter what the extent of the pain and suffering. This is unacceptable. In the words of Rep. Peter King, "...every death is tragic, A murder is particularly tragic. But to have your loved one murdered in a burning building in full view of the world - in a scene which will be repeated in the media for decades to come-is a horror these families will never escape form... The Special Master cannot take it upon himself to restrict the rights of the families." Therefore, we request that the interim rules be amended to more appropriately compensate the victims' families for the immeasurable pain and suffering endured by our loved ones. As Mayor Giuliani stated in his farewell address: "we have an obligation to the people who did die... Their families need to be protected just as if they had been alive, financially and every other way that we can help and assist their families...There should be no compromise account that ever..."We request that the interim rules be amended and redefined to the extent that income caps be removed when computing economic loss and that compensation for pain and suffering more accurately reflect that horror which was suffered. Justice demands no less. Sincerely, Individual Comment Bronx, N.Y. September 11 Email: Date The local time and date when the message was written. 2002-01-31 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002463.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-31 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Thursday, December 20, 2001 12:54 PM Please help! December 20, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Fort Collins, CO September 11 Email: Date The local time and date when the message was written. 2001-12-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA004358.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 3:13 PM Equal Access to Crisis Relief Benefits December 19, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Coeur d'Alene, ID September 11 Email: Date The local time and date when the message was written. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA003450.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, December 22, 2001 3:58 PM Victim compensation for same sex partners Please add my name to supporters of this effort to assure that family members in same-sex unions are included in compensation to victims of Sept. 11th terrorist attack. Individual Comment Newton Center, MA September 11 Email: Date The local time and date when the message was written. 2001-12-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000714.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Friday, December 21, 2001 6:42 AM Crisis Relief Benefits I am a member of the Italian section of Amnesty International. As you probably know, Amnesty International is a worldwide human rights movement committed to ensuring that the basic human rights of people are respected without discrimination. International human rights standards including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights prohibit arbitrary discrimination and the US government is obligated to respect these rights. Consistently with such international human rights standards, and the general principle of equality, I issue the request that the Justice Department includes among relatives eligible for compensation those who lost their life partners as well as de facto parents or children, without regard to sexual orientation or marital status. I do believe that Justice Department should follow the positive example of New York state in granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need. In my opinion, specifically in such a situation, where different cultures are facing and observing each-other, the occidental world must give strong signals of coherence to its principles. Treating with dignity and equality all families - and all types of families - impacted by the tragedy of September 11, must be one of these signals. Best Regards, Individual Comment Baldissero Tor. (Italy) September 11 Email: Date The local time and date when the message was written. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000302.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, March 16, 2002 6:07 PM we are all equal the 14th amendment: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. the 15th amendment: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. the 19th amendment: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Maybe it's just me, but i think that gays and lesbians and bisexuals all fall into those categories, they have those rights. But, illegal aliens and fetuses? You are saying that a person that is illegally living in America and costing us our tax dollars and such is entitled to any money at all, much less that they are entitled to money that a legal US citizen is not entitled to? You are telling us that an unborn child is being given money that a very much born person is not entitled to. This discrimination is against all that America is supposed to stand for---Catholics, Puritans, Jews and others all came for religious freedom, Irish and English and others came here for freedom from oppressive rule, the Civil War and Wounded Knee were fought for equal treatment of minorities, and so many people today think we as a country have grown past this sort of despicable discrimination and we tell our children that at the same time as we tell gays and lesbians that their love for each other means less than a heterosexual couple's love for each other. This is not only hypocrisy, it is destructive. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001161.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, March 12, 2002 12:15 PM (no subject) I am emailing to voice my outrage that the 9/11 fund intends to discriminate against gays and lesbians in distributing benefits from the fund. Individual Comment 9/11 Fund to Discriminate Against Gays About.com - US Politics March 11, 2002 September 11 Email: Date The local time and date when the message was written. 2002-03-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000423.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, March 18, 2002 11:07 PM Equal benefits I am writing to implore you to provide equal compensation for partners of homosexual victims of the Sept. 11th attacks on America. The level heartache suffered by families and loved ones of the victims does not discriminate, why should the compensation? Please re-think this decision. Thank you. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001819.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, January 30, 2002 8:11 PM New Vote.com votes as of 08:11 PM EST on January 30th, 2002 Dear September 11th Victim Compensation Fund, Vote.com is the Internet's most popular voting site. Millions of people regularly express their opinions and - in just one click - automatically send their views to important decision makers like you. Here are the latest votes on the question, SHOULD FAMILIES OF ILLEGAL IMMIGRANTS WHO DIED ON 9-11 GET MONEY FROM THE FEDERAL VICTIMS' FUND?: YES: 98 votes NO: 906 votes Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-01-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojP000294.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, November 26, 2001 2:39 PM do not discriminate! Dear Attorney General Ashcroft, Please do not discriminate against the unmarried partners of September 11th victims. All unmarried partners, gay or straight, young and old and their dependents should be eligible for compensation. September 11th was an attack on America and its spirit of tolerance. Do not let the lobbying of an intolerant group within America finish the terrorists' job! Sincerely, Individual Comment Santa Monica, California September 11 Email: Date The local time and date when the message was written. 2001-11-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000600.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Sunday, March 17, 2002 7:08 PM I find it absolutely UNAMERICAN..... I recently heard the comments on Meet the Press in regards to family compensations and find it to be beyond reprehensible.The fact that your agency is not only giving illegal aliens a get out of jail free card for unlawful entry but also rewarded that fact by inclusion in compensation is against all reason. To then further deny American family members and partners to these same compensation is not only disgraceful but completely unforgivable. I hope to hear in the very near future that this was a mistake on your part and that you will begin to help family members, partners and Americans heal from this terrible tragedy. If not I hope that your agency is disbanded and no money will be given until such time that it may be given to the people it was intended for. Please follow the correct path to fixing this oversight on your part. Individual Comment Milford, Ohio September 11 Email: Date The local time and date when the message was written. 2002-03-17 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001673.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-17 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, December 22, 2001 9:49 AM relief support December 22, 2001 Dear Mr. Kenneth Zwick, In sccordance with New York state law, and the tenents of Justice, please extend relief to the life partners and illegitimate children of, and all others of non-traditional legal relation to those killed on September eleventh. The world is watching, don't let some families suffer for their being different. Sincerely, Individual Comment Pittsfield, MA September 11 Email: Date The local time and date when the message was written. 2001-12-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000630.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, November 21, 2001 10:07 AM (no subject) To Whom It May Concern: a) We believe there should be no age cap on the earnings potential of the victims of this terrible tragedy. Why should they have a cap if the rest of us are looking at retirement now starting at age 70. b) There should be no deductions for any charity received by the victim's dependants. They are ENTITLED to their share REGARDLESS of any gifts they may have received. c) Life insurance was PAID for by the Victim and should not have any bearing on what the family has a right to. d) The right to appeal should not be denied to those who are suffering due to the tragic losses inflicted on them by this horrific event. Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000455.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Friday, January 18, 2002 7:42 PM Sept. 11 To whom it may concern: Please allow me to share with you the following thoughts, expressed by the widow of . died in the World Trade Center. He was a close and cherished friend of mine. Sincerely, Brooklyn, NY --------------- The airline bailout act gave the airlines $15 billion in cash and loan guarantees and capped the airlines' liability for the September 11 crashes at the limits of their insurance coverage. Because of this cap, the damage caused by the crashes greatly exceeds the private fund available to compensate victims and their families. Thus for the vast majority of victims and families, the cap has the effect of eliminating the right that they would otherwise have to sue the airlines. Congress set up the fund to ensure that the airline bailout would not come at the expense of the victims' families. The act mandates full and fair compensation to victims and their families for their actual economic and non-economic damages. DOJ has ignored this mandate and instead has written arbitrary regulations that will result in compensation levels far below the losses actual suffered by the victims and their families. In fact, many families' total compensation from the fund and all collateral sources combined will not even fully replace lost income. In effect, these families will not receive any of the non-economic compensation required by the statute. After collateral sources are deducted, as required by the statute, some families would receive nothing from the fund under the interim final regulations. DOJ's formula allows for non-economic awards at only one-tenth the level paid in comparable cases, even though Congress explicitly enumerated a broader range of non-economic damages than could be recovered in any single jurisdiction. DOJ's formula for non-economic damages is $250,000 for the person killed and $50,000 for the spouse and each dependent. In a wide variety of air crash and terrorism cases, however, judges, juries, and mediators commonly have provided non-economic damage awards well into the seven-figure range. Independent economists have found serious flaws in DOJ's method of calculating economic damages, including use of outdated and inapplicable work life and life-cycle earnings data. DOJ greatly underestimates promotions and other increases in earnings for victims. It relies on civil service and military retirement system actuarial data that track federal worker incomes and pension requirements, not the higher-paying private sector career paths followed by the vast majority of the victims. The interim final regulations also arbitrarily cap a victim's income at $231,000 a year. Combined with the faulty methodology described above, the income cap would result in some families receiving compensation for less than 25% of their actual economic losses. Under DOJ's rules, a family's award may be increased above the "presumptive" award only by a showing of "extraordinary circumstances" -- beyond those suffered by other victims or victims' families. This high burden of proof makes a charade of the right to a hearing provided by the statute. DOJ should fulfill the act's intent by revising the rules to compensate victims and their families for the types of damages specified by Congress, at levels comparable to those provided in the tort system the fund was designed to replace. While DOJ has shown flexibility on some aspects of the rules, it is resisting the victims' and families' requests for significant changes. If the proposed regulations are not changed significantly, victims' widows will have to sell their homes, deplete their children's college funds, and give up their plans of being full-time parents while their children are young. Many families, anticipating little relief from the fund, will decide to sue the airlines and others, despite the handicap of the liability limits. We do not believe these are the outcomes Congress intended. Thank you for giving this matter your immediate attention. Sincerely, Individual Comment Brooklyn, NY In support of , widow of . September 11 Email: Date The local time and date when the message was written. 2002-01-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002016.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. January 18, 2002 Via Fax (301) 519-5956/First-Class Mail Kenneth L. Zwick, Director Office of Management of Programs, Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue Washington, D.C. 20530 Dear Mr. Zwick: Pursuant to the directive on the Department of Justice website, we are forwarding these comments on the interim final rule implementing Public Law 107-42. We currently represent one of the decedents who perished on American Airlines flight 11 on September 11, 2001. Initially, we commend the expeditious passage of the law and the prompt promulgation of the regulations and rules. The process involves a detailed analysis of the applicable laws and statutes, and provides the foundation for expediting recovery on behalf of many of the victims and their families. In reviewing the "interim final rule," we did note several subject areas that warranted comment and/or question in order to assist the practical implementation of the provisions of the Act: There appears to be some ambiguity in specifying when a hearing can be requested before the Special Master. In some sections, it appears that there is a presumptive right to a hearing, whereas others state that there may be a hearing, if requested. Please verify at what stages the hearing process shall take place. Based on the current rules, it appears that the filing of a claim constitutes a waiver of the right to bring a civil action. For the benefit of the Special Masters and the victims, it would be helpful to provide a preliminary screening hearing for the victim or a personal representative. This will enable them to properly evaluate the viability of their claim under the Act prior to waiving the opportunity for a third party action. The collateral source rule has come under serious scrutiny. Collateral sources now include life insurance, pension funds, death benefit programs and other government payments. Based on the financial circumstances of many victims and their families, this provision will substantially reduce and/or eliminate their eligibility for any recovery under the Act. We suggest that the collateral source rule be amended so as to provide that the first $1 million recovered from a collateral source by a victim or his/her family be immune from deduction from the overall award. Only those amounts which exceed $1 million in funds from collateral sources shall offset the award. The subject of federal and/or estate tax is not covered under the rule. The rules do state that, similar to personal injury recoveries, amounts recovered under the Act will not be subject to IRS income tax provisions. However, in order to determine the viability of filing a claim, applicants need to know whether the award they receive shall be subject to estate tax or shall be provided directly to the appropriate beneficiaries. Numerous tables were prepared with the proposed rules, including the amount of recovery for individuals who are married, with or without dependents, etc. These estimates were provided in 5-year intervals and larger intervals for annual income. There needs to be a clarification as to the treatment for those whose age falls between the 5-year intervals and income is between the included intervals. Hopefully, these comments, questions and answers shall be useful, not only for us, but for your department in amending, where appropriate, the current rules prior to commencing the filing of claims. If either of us can be of assistance to you in this regard, please feel free to contact us. Very truly yours, Individual Comment Wellesley Hills, MA September 11 Email: Date The local time and date when the message was written. 2002-01-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002637.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-18