277 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. December 13, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately, both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Tacoma, WA September 11 Email: Date The local time and date when the message was written. 2001-12-13 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 dojA004186.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. 2001-12-13 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 11, 2001 2:59 PM September 11 Victim Compensation Fund Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice December 11, 2001 Dear Mr. Zwick: We are writing in response to the Department's request for public comments regarding the forthcoming regulations for implementing and administering the "September 11 Victim Compensation Fund." We strongly urge the Department to draft regulations that ensure compensation is available to all victims of the attack, including the committed partners and the non-biological children of gay and lesbian victims. It is unquestionable that the devastating grief and economic losses suffered by the families of gay and lesbian victims are no less than that of other families. Just as 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. Many Americans lost their lives on September 11, each of whom left behind loved ones. We urge the Department to honor these bonds by treating the families of gay and lesbian victims as you would any other. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-12-11 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 dojA001475.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. 2001-12-11 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, January 15, 2002 9:32 PM Compensation for 9/11 victims Dear Mr. Zwick, When I heard of the proposed settlement to the recent terrorist plane crash victims, I could not believe my ears. My associates and I travel from Boston to the west coast early in the morning on many a Sunday, Monday or Tuesday and two of our group actually were on one of those very flights on 9/9 and 9/10. My son worked in a building now abandoned due to 9/11 crash damage (Two World Financial Center), but was fortunate to be elsewhere that morning. Except for the state of the economy and the downturn in the semiconductor industry since last January, I am sure that I or one or more of my associates would have been on that flight. Therefore, I have a great empathy for the victims and am angered to learn that my family would have received no compensation simply because I took the precaution to provide insurance and retirement savings. Like many of the victims families, my family would stand to receive millions in damages in open suits from such a crash but nothing under the government's formulaic compensation program. Like all too many government programs, this is another Robin Hood style attempt at redistributing wealth. This should not be not a country of handouts, rather it is presumably a country of opportunity and reward. As someone who earned every nickel, but would therefore "qualify" for no compensation under your plan, I am furious. Yet again, the bureaucrats are taking from those who work hard, pay taxes, deny indulgences, and save for their future, while giving to those who otherwise have made no such provision. I know I will never see a dime of my social security in spite of paying the maximum FICA every year since I left high school. I don't think that is fair, but the politics of that piece of social welfare seem unstoppable and I have made my retirement provisions to account for that inevitable reality. However it is an insult to now find that such planning would result in a 9/11 victim's heirs losing both their companionship and respective future earnings toward that retirement simply because a jealous bureaucrat decides that the victim's savings are already "sufficient" to take the place of compensation or those future earnings. What a person provides for himself does not lessen the liability for their loss due to negligence of airlines and government agencies, who are clearly responsible for poor security that allowed such easy and damaging terrorist strikes. All prior damage awards and negotiated settlements in other crashes actually provided awards proportionate to future earnings power--not debited for the savings to date from such earnings power or proceeds of self-insurance. There is no precedent for the unfair settlement, except perhaps in some of the lesser know writings of Marx or Lenin. As a contributing member of Citizens Against Government Waste and the Republican Party, I will push hard for the correction of this injustice and the replacement of any member of government responsible for continuing down this unjust path. Regards, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-01-15 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 dojN001728.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. 2002-01-15 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 28, 2001 3:51 PM People are people December 28, 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. 2001-12-28 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 dojN001126.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. 2001-12-28 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 28, 2001 2:20 PM the pain is the same December 28, 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 Brier, WA September 11 Email: Date The local time and date when the message was written. 2001-12-28 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 dojN001111.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. 2001-12-28 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, November 08, 2001 1:20 AM Victims Compensation Fund Comments When I read the article in the paper asking for public comments on the Victims Compensation Fund, I was outraged that the sanctimonious hypocritical people in Congress are concerned about the possibility that the victim's families might "Double Dip" in getting help. Since when have they been so concerned about "Double Dipping". These same people, in Congress, have been "Double Dipping" for as long as I can remember and long before that. How many of them take money from one branch of Government (Congress) and accept money from another branch of Government (Military Pensions, for instance). I was taught, when I went to school, the Constitution expressly FORBIDS this exact thing. The Congress is not the only branch doing this, I'm sure that there are other people that are doing the same thing. They should clean up their own "Double Dipping" before they worry about anyone else's actions. Now, as to the use of the fund. The money was donated for the use of the victims and their families and NOT for: expenses of the charities that are supposed to be disbursing the money but so far haven't done any disbursing of the money or, for other needs not connected to the attacks. Stop worrying so much about double dipping and see that those people are helped. While you're "discussing", those people are not getting any help. Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-08 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 dojW000228.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. 2001-11-08 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. Sent: Wednesday, January 23, 2002 9:20 AM I think that it is perfectly proper to offset any benefits with awards that are received from insurance or other benifits. Many people have tragedy strike their lives and get no assistance from the government. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-01-23 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 dojP000014.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. 2002-01-23 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, February 12, 2002 12:10 AM New Vote.com votes as of 12:09 AM EST on February 12th, 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, DOES THE GOVERNMENT'S AID PROGRAM FOR FAMILIES OF SEPT. 11 VICTIMS GO FAR ENOUGH?: YES: 3 votes NO: 1 votes Group Comment September 11 Email: Date The local time and date when the message was written. 2002-02-12 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 dojP000496.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. 2002-02-12 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. Wednesday, December 19, 2001 9:51 PM equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or mari... 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 Metairie, LA 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 dojA003847.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. Monday, January 14, 2002 8:40 PM Justice help all terrorist victims Dear Mr. Zwick: The very humane Fund for relatives of victims of the September 11 terrorist attacks must include all relatives of all the victims. This importantly should include the partners and children of same sex unions. They suffer just as grievously for their deceased loved ones as do other survivors, and their need for assistance is just as great. Please do not give in to the importuning of callous homophobic groups and individuals who would have the Department of Justice limit compensation to survivors of heterosexual unions. They are interested in a political victory, not humane assistance. This Fund is intended for humane purposes; it is not a political statement, Mr. Zwick. Sincerely, Individual Comment Baltimore, MD September 11 Email: Date The local time and date when the message was written. 2002-01-14 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 dojN001691.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. 2002-01-14 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, December 17, 2001 1:00 PM Ensure Fair Treatment for Sept. 11 victim's families please Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately, both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Berkeley, CA September 11 Email: Date The local time and date when the message was written. 2001-12-17 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 dojA002109.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. 2001-12-17 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. Monday, March 18, 2002 2:59 PM Sept. 11 victim compensation fund discrimination To Whom it May concern: Discrimination is UNAMERICAN. In recent interviews, the head of the September 11 Victim Compensation Fund (a fund created by Congress to help the families of those who died on September 11) has made clear that the partners of gay and lesbian heroes of September 11 will not necessarily receive the same benefits as the spouses of heterosexual victims of the horrible terror attacks. Even fetuses and illegal aliens will be receiving benefits under this problem, you've even promised to overlook federal law and NOT arrest and kick out the families of illegal aliens, nor will they punish American companies that hired illegals in violation of federal labor laws. But when it comes to gay and lesbian heroes of the day - who helped bring down the flight in Pennsylvania, NY Fire Dept. who died in the line of duty when the first tower fell, and who was of the plane that crashed into the Pentagon (there are many more) - we are told the law is the law and no exceptions can be made. I find this policy to be unjust, unfair and heartbreaking. Maybe the terrorists have won on some level. You should be ashamed of yourselves. Individual Comment Los Angeles, CA 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 dojR001970.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. Monday, March 18, 2002 12:06 PM Partners of Gay & Lesbian Victims and Heros of September 11th It is with extreme dismay that I have learned that our United States has chosen, once again, to disenfranchise it's Gay and Lesbian citizens, citing that "the law is the law and no exceptions can be made", and yet violating the law to make exceptions where Illegal Aliens are concerned. This is an unconscionable action that ignores the heroism of American citizens, such as who helped bring down the flight in Pennsylvania, NY Fire Dept. who died in the line of duty when the first tower fell, and who was of the plane that crashed into the , and many others, who just happened to be Gay. When will America recognize that being Gay, Lesbian, Bisexual or Transgendered does not deprive a citizen of the same dignity and respect that is due to all Americans. Our homophile families, even though they are formed around the partnership of two of the same gender, suffer from the loss of a member, just as profoundly as heterosexual families. When we lose a life partner, the grief, the financial loss, the difficulties are just as great. Our children also suffer as deeply and profoundly from the loss of one of their parents as do the children of heterosexual families. These sufferings are indeed made greater when our own country refuses to recognize our loss, and marginalizes and frivolizes our relationships and our families. Change this policy. Recognize the needs of Gay and Lesbian people who have suffered loss in the face of September eleventh. Don't let this hypocrisy of ignoring the law for illegal aliens while using the law as an excuse to disenfranchise Gay, Lesbian, Bisexual and Transgendered people continue to blight the unity that has brought America together after the horrific events of September eleventh. ###################################### Individual Comment Columbus, OH ###################################### 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 dojR001879.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. Saturday, January 19, 2002 5:28 PM Justice help all terrorist victims Dear Mr. Zwick: The very humane Fund for relatives of victims of the September 11 terrorist attacks must include all relatives of all the victims. This importantly should include the partners and children of same sex unions. They suffer just as grievously for their deceased loved ones as do other survivors, and their need for assistance is just as great. Please do not give in to the importuning of callous homophobic groups and individuals who would have the Department of Justice limit compensation to survivors of heterosexual unions. They are interested in a political victory, not humane assistance. This Fund is intended for humane purposes; it is not a political statement, Mr. Zwick. Sincerely, Individual Comment Chicago, IL September 11 Email: Date The local time and date when the message was written. 2002-01-19 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 dojN002062.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. 2002-01-19 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. Monday, January 14, 2002 8:37 PM Help all victims of terrorist attack Dear Mr. Zwick: The very humane Fund for relatives of victims of the September 11 terrorist attacks must include all relatives of all the victims. This importantly should include the partners and children of same sex unions. They suffer just as grievously for their deceased loved ones as do other survivors, and their need for assistance is just as great. Please do not give in to the importuning of callous homophobic groups and individuals who would have the Department of Justice limit compensation to survivors of heterosexual unions. They are interested in a political victory, not humane assistance. This Fund is intended for humane purposes; it is not a political statement, Mr. Zwick. Sincerely, Individual Comment Hilbert WI September 11 Email: Date The local time and date when the message was written. 2002-01-14 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 dojN001677.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. 2002-01-14 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 6:22 PM Support 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 Carrollton, TX 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 dojA003620.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, February 02, 2002 12:51 PM greedy 9 11 families If our arrogant government gives in to the greedy PARASITES demands I hope we have another Boston tea party and throw all the ungrateful jerks and freeloaders in the Bermuda Triangle. ALSO A TAXPAYERS REVOLT IS NEEDED ASAP. I am sick and tired of my tax dollars making someone millionaires that would not have earned this amount of money if they lived 10 lifetimes. Individual Comment Charlotte,N CIndividual Comment September 11 Email: Date The local time and date when the message was written. 2002-02-02 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 dojP000355.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. 2002-02-02 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, November 20, 2001 5:19 PM CU Comments to Civil Division Attachment 1: 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, DC 20530 via e-mail: victimcomp.comments@usdoj.gov Comments of Consumers Union to Civil Division of The U.S. Department of Justice On the September 11th Victim Compensation Fund of 2001 The Department of Justice (DOJ) published in the November 5, 2001 Federal Register a Notice of Inquiry and advance notice of rulemaking on the establishment of the September 11 Victim Compensation Fund of 2001 [P.L. 107-42, Sept. 22, 2001] and requested public comment on that proposal. Consumers Union (CU), publisher of Consumer Reports, has reviewed the draft regulations and is submitting these comments in response to the DOJ proposal. The establishment of the Victims Compensation Fund (hereinafter, "the Fund") provides a unique opportunity for the United States government to provide no-fault compensation to the many families who lost loved ones and the many individuals injured as a result of the horrific attacks of September 11. We believe that Congress intended to provide through the fund generous compensation to the families of those who were innocently flying in airplanes, working at their desks, or performing heroic services in the line of duty when they lost their lives or sustained their injuries. We believe that the purpose of a no-fault compensation fund is entirely different from the purpose of the civil justice (tort) system. While both share the goal of adequately compensating victims, the civil justice system is designed to punish wrongdoers, ensure that the full cost to individuals and society for harm caused by those who inflict the harm are paid by the wrongdoer, and create incentives to promote safety and reasonable care in the future; in addition, the civil justice system is inherently adversarial in nature. Since a no-fault system shares none of these goals and attributes of the civil justice system, our recommendations regarding this Fund would not necessarily be appropriate suggestions for the civil justice system. Because taxpayers are footing the bill for this fund and government funds are not infinite, we think it is critically important that compensation be provided equitably and reasonably and that taxpayer funds be spent wisely. For example, among the victims of the September 11 attacks, those at the lower end of the economic scale have likely suffered more severely in terms of relative economic harm than those at the top end, and to the extent that the government must balance the equities in making its determinations, compensation provided under the fund should reflect that economic disparity. Issuance of Interim Final Rules P.L. 107-42 calls upon DOJ to promulgate regulations to carry out this title "not later than 90 days after the date of enactment. . . . " DOJ asks for comments on its intent to issue "interim final rules" within the 90 days. If interim rules are indeed promulgated, CU urges the Department to make them as comprehensive as possible. Claimants need to make critical determinations about whether to file under the Fund or bring a civil case, and they can only do so if they have a complete picture of how the fund will operate, any procedural hurdles they might face, their ability to appeal a hearing officers decision, and authority by the various hearing officers to settle claims. Meetings with the Public CU supports DOJs outreach to members of the public and groups representing a variety of interests and its openness to honoring the reasonable requests of groups wishing to meet with the Department. To the extent the Department continues meeting with outside groups during this comment period and after, we urge that such meetings be tape recorded and records of all such meetings be made available to the public upon request. Waiving the 30-day rule normally required before Regulations to take effect The Department asks for comments on whether to waive the rule that requires 30 days before new regulations may go into effect. Because it is in the interest of all claimants to get this program up and running as quickly as possible, there is good cause in this unique situation to waive the 30-day requirement and allow the regulations to go into effect on December 21. Victims Waiving their Right to File Lawsuits The Department asks whether the language in Section 405(c)(3)(B) limiting lawsuits for claimants eligible under the fund should preclude a claimant who never files with the Fund from withdrawing from a pending lawsuit and entering that lawsuit again at a later date. We believe that it does not. The Act only waives the right to file a law suit upon "submission of a claim." If a claim is never submitted, there should be no prohibitions on reentering a suit. Moreover, if a claimant files with the Fund and is found to be ineligible, she or he should not be precluded from filing a lawsuit. To do otherwise would work a hardship that we do not believe Congress intended. Topics #1 & 2: The Forms To Be Used in Submitting Claims Under This Program and the Information To Be Included on the Claims Form Consequences to claimants of filing claims with insufficient information The Department asks whether the Special Master should determine that a claim has not been "filed" when there is insufficient information submitted with the claim. Congress clearly spelled out its intention in Section 403, which states that ". . . it is the purpose of this title to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001." While claimants should be encouraged to file all relevant paperwork to accompany the basic facts of their claim, the Department should recognize that in some cases backup documentation may have been destroyed or may be otherwise difficult to obtain. Further, English may not be the native language for many claimants. Unless a claimant has specifically requested so and has waived other due process rights, the Special Master should not rely solely upon the forms filed and the accompanying documentation to reach a decision in claimants case. Indeed, the Act defines the rights of claimants very clearly in 405(a)(b)(4): They include the right to be represented by an attorney; the right to present evidence, including the presentation of witnesses and documents; and any other due process rights determined appropriate by the Special Master. We believe that the proposed regulations submitted take a sensible approach, giving the Special Master 14 days after receiving the claim form to review it for completeness. If it is complete, it should be deemed filed. If it is not, the claim should be returned unfiled with a statement identifying why it does not comply with filing requirements, with the caveat that the "completeness" should not be defined as all documents needed to make a decision, but rather should go to whether the claim form includes the basic information the Special Master needs to open a case. Claimants should receive an acknowledgement that their claims have been received, be provided a claim number, and be given their official filing date. In addition, any statement sent to claimants stating that their claim is not complete and has not been filed should be made in plain and concise language. We recommend that this be offered in all languages in which claim forms are being accepted, and at the very least in English and Spanish. Topic # 3: Procedures for Hearing and the Presentation of Evidence Right of Appeal Though the statute does not specifically discuss a right of appeal, the Fund will be perceived as more fair and equitable if the Department builds into the process a right of appeal within the Hearing Officer/Special Master structure. If the fund is seen as fair and equitable, more victims will take advantage of it, and the goal of sending fewer cases into the civil justice system will be more easily reached. CU suggests that the regulations provide claimants with the right to appeal a decision from a hearing officer to the Special Master, with claimants waiving the right to compensation within the strict time limits if she or he appeals a decision. If a case is sent back for review, there should be a finite period of time, e.g., 60 days, for a rehearing and decision by the hearing officer. Topic #4: Procedures to Assist an Individual in Filing and Pursuing Claims Under This Title Publicizing the Fund CU supports DOJs intent to assist claimants in getting accurate information and assistance in filing claims. We urge the Department to use direct mail lists of charitable organizations already involved in assisting victims, set up a DOJ website for claimants to get filing information, establish a toll-free hotline, conduct outreach meetings, publish newsletters, and use the resources of state and local governments already involved in the relief effort to contact potential claimants. We also urge DOJ to make claimants aware that free legal assistance is being made available to all claimants who wish to file under the Fund. All written requirements, such as the filing of claims forms, should be tested to ensure that they are accessible to those with a sixth-grade literacy level or lower. Outreach efforts must be broadly cross-cultural and multilingual; this is especially important considering the many nationalities represented among the September 11 casualties. The regulations must also ensure and all claims documents must state that there will be no adverse immigration consequences for any claimant filing for compensation under this Fund. For guidance on making information available in as many languages as possible, we recommend using the California Healthy Families program as a model. This program offers live customer service in ten languages. Limiting Fees Charged for Professional Services to Claimants Consumers Union shares the concern that the bulk of the compensation paid under the Fund go to the intended beneficiaries, not for professional services for those claimants. The Special Master may minimize the potential for inflated attorney fees by ensuring that claim forms indicate clearly that free legal services are available to all claimants wishing to file under the Fund and by making the process simple enough that attorney assistance is unnecessary. In cases in which a claimant chooses to be represented by a fee-charging attorney, CU supports the lodestar method for determining appropriate attorneys fees. (See Consumers Union Amicus Brief, Bowling v. Pfizer, 1997 U.S. App. LEXIS 3782, 6th Circuit.) This method is based on the actual hourly work performed by counsel. After calculating the hours and the hourly rate at which the attorney should be paid, the lodestar calculation is normally subject to adjustment upward or downward through an application of a "multiplier" to take into account such factors as the contingent nature of the case, the results achieved, and lengthy time delays. However, the Special Master might well decide that a multiplier is not appropriate in these cases, given the funds obligation to resolve claims speedily and the no-fault nature of the Fund. Among the goals that attorney award fees should serve are: providing assurances that those harmed have adequate representation; adequately compensating the attorneys for their work, taking into account the complexity and risk of the particular case; and maintaining incentives to others to take on cases. While awards should take into account the value of the professional services conferred, the fee awards should not be so high that the value to the claimant is unjustifiably diminished. Consumers Union has endorsed the lodestar method for determining attorneys fees, and we see no reason why a similar evaluation could not apply to the fees of other professionals providing services to claimants under the Fund, including economists and accountants. Once again, the critical factors for evaluating the amount of any fee should be hours spent and the expenses incurred. Improper Solicitation The Department asks for guidance on actions it might take to ensure that claimants are not improperly solicited or influenced not to file with the Fund because an unscrupulous attorney has a financial incentive to urge claimants file lawsuits instead. We recommend leaving this question to the state bar associations, which regularly discipline attorneys who engage in unethical behavior. DOJs resources would be better spent focusing on the smooth operation of the Fund, particularly since bar associations in every state are already set up to investigate and discipline lawyers for ethical violations. Topic #5: Claimant Eligibility Latent Injuries If an injury occurred or was made worse as a result of the September 11 attacks and there is a reasonable basis to believe that there will be future manifestations of that injury, such evidence should be presented to the hearing officer and compensation for such injury should be provided. Topic 6: Nature and Amount of Compensation Section 405(b) of the statute dictates that the Special Master shall determine the amount of compensation based on "the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant." Because of the large number of likely claimants and the short timeframe provided for deciding claims (Section 405(b)(3) gives the Special Master 120 days from the date the claim is filed to make a determination on that claim), a system for facilitating the processing of claims is needed. Consumers Union supports efforts to ensure that similar claims are treated in a similar fashion, without resorting to mechanistic approaches that make it difficult or impossible to take individual circumstances into account. We note that Section 405(a)(b)(4) of the Act requires that claimants have the right to be represented by an attorney; the right to present evidence, including the presentation of witnesses and documents; and any other due process rights determined appropriate by the Special Master. This Funds purpose is to compensate and provide for survivors of those who lost their lives or were injured in the attack. Because every life has value in our country, we strongly urge that a minimum value tied to annual median income and remaining earning years be used in valuations. Use of such a minimum value will help to promote fairness and prevent hardship to the families of those who were injured or killed. While a hearing officer may go into a hearing with a basic minimum figure for a claimants award in mind that is derived from a published standard prepared by the Special Master, he or she must also maintain the flexibility to adjust the award upward, subject to offsets, after hearing all the evidence in each individual case. In addition, claimants should have the right to waive the 120-day time period if their cases prove more complicated and they desire more in-depth or lengthier hearings. We note that in comments submitted by a trial lawyers pro bono legal program for September 11th victims, the lawyers group indicates its "desire and intent to negotiate settlements of a large number of claims." Therefore, while some claimants may require longer, more involved hearings (and their desire to employ all of the due process protections laid out in the Act must be honored), many other claimants are likely to settle their cases quickly. CU believes that there should be a uniform set of rules for determining both economic and non-economic damages, since this tragedy affected all victims without regard to the state in which they resided. We do believe, however, that the Funds Special Master should require that initial determinations about who is the rightful claimant or the appointment of a personal representative be made by the state courts. Collateral Source Compensation The Act states that some forms of payment to victims or their families count as collateral sources to be subtracted from any award paid by the Fund. The Act makes no mention of "charitable contributions" in the definition of "Collateral Source," while including very specifically ". . . life insurance, pension funds, death benefit programs and payments by Federal, State, or local governments." Charitable compensation, either as in-kind or monetary awards, usually serves a different purpose from that which Congress intended in setting up the Victims Compensation Fund. Charitable contributions generally cover immediate needs such as food, clothing, shelter, immediate payment of mortgage, etc.; indeed, the American Red Cross states in a recent press release that its September 11 emergency grants to victims and their families "... help families of victims with near-term financial needs such as mortgage or rent payments, utility bills, funeral and related expenses as well as ... transportation, food, clothing, and other time-sensitive and uncovered expenses."1 These gifts are intended to cover 3 months of basic living expenses only.2 Charitable contributions, such as those offered by the American Red Cross, generally cover short-term, emergency services. In contrast, we believe that the Funds purpose is to provide victims and their families with long-term economic awards to compensate for the loss of a family member who in many cases was the primary breadwinner. Therefore, generally speaking, we believe that charitable grants should not count as a collateral source. However, if there are instances in which charities have made sizeable contributions to victims or their families - contributions for much more than immediate emergency needs - it may be appropriate for the Department to take such large payments into account in determining appropriate compensation, especially in relation to claimants of more substantial means. In this regard, it would be appropriate for the Department to establish reporting requirements for claimants to inform the Department of what charitable contributions have been received. The Act clearly states that life insurance and pension funds are included as collateral sources. Because the government ultimately receives the benefit of these collateral sources (by paying less money to victims or their families), we urge the government to reimburse victims or their families for premiums and contributions made by victims to secure these benefits. For example, if a victim made $20,000 in payments for a $500,000 life insurance policy, the collateral source offset ought to be $480,000. In the event a claimant has not yet received the proceeds from a life insurance plan, we urge the Department to provide a full award to the claimant and with the claimant then assigning the right to receive the future proceeds to the government. Periodic Payments A claimant should have the right to elect to receive an award in periodic installments under the fund. Indeed, in the case of minor claimants, parents, or spouses of injured or deceased victims, who may well be dependent on the Funds compensation as a sole source of income for years to come, we believe it is critical to provide for a periodic payment schedule along with investment guidance from experts in the field. Tracking System for Awards CU strongly urges DOJ to set up a publicly-accessible system to report and track awards. While the privacy and confidentiality of claimants should be protected, it is also critically important that taxpayers have the ability to track the Funds awards and ensure that this unique and costly compensation system fulfills the goals Congress set for it. Respectfully submitted, Consumers Union Washington, DC 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 dojW000433.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. Wednesday, November 28, 2001 9:22 AM Victims Compensation Fund My name is and my brother-in-law, , was killed in the World Trade Center on September 11th. I would like to address a few key points regarding the Victims Compensation Fund: 1) NO cap on benefits. 2) Life insurance should NOT be deducted from benefit. 3) Similarly, 401K's and IRA's ( and charitable contributions for that matter) should NOT be deducted. 4) We need to know up-front a base amount to calculate benefit before we waive rights to other options. 5) We need to know the timing of hearings due to my sister's pregnancy(Matthew's widow). I thank you for your time. If you need to get in contact with me, my e-mail address is My work phone number is . Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-28 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 dojA000060.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. 2001-11-28 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, March 15, 2002 1:56 PM Sept. 11 Fund To Whom it May Concern, I am writing to express my sadness and shame as a United States citizen that the Sept. 11 Victim Compensation Fund (the "Sept. 11 Fund") has chosen to discriminate against gays and lesbians by refusing to provide benefits to the domestic partners. There is no justification for this decision; all victims of the Sept. 11 tragedy should be treated equally. I believe that the Sept. 11 Fund should provide the same benefits to domestic partners as it does to the spouses of heterosexual victims. Cetainly the children of any of the gay or lesbian victims should be treated the same as the children of heterosexuals. I find the decision of the Sept. 11 Fund particularly disturbing given the context of the attack. Religous fanaticism, which includes prohibitions against homosexual relationships, is deplorable. It is truly tragic that, in seeking to compensate the victims of religious fanatics, the Sept. 11 Fund is perpetuating the same evil that has cost so many lives and caused such great pain and sorrow to our nation and the world. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-15 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 dojR000852.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. 2002-03-15