342 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. Sunday, December 23, 2001 9:24 PM Of the Greatest Importance December 23, 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 Clarence Ctr., NY September 11 Email: Date The local time and date when the message was written. 2001-12-23 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 dojN000757.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. 2001-12-23 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, December 25, 2001 3:20 PM Interim Final Report. Would you value the life of your loved one at $300,000? Mr.Feinberg has clearly stated that he wants to show compassion. "This Victims' Compensation Fund is an unprecedented expression of compassion on the part of the American people to the victims and their families devastated by the horror and tragedy of September 11th," said Feinberg. "While there is no amount of compensation that can replace a human life, our goal is to aid those who have so greatly suffered as a result of this horrendous act. So far so good. The American people clearly showed their compassion when they donated Billions to charities and wanted it all to go to the families of the victims. From any accounts if that was done each family would get more than is being awarded by Mr.Feinberg and, the insurance companies would still be liable to pay up what they owe the victims. Let us now be reasonable. I do not want excesses of money. Money cannot replace the joy of being with my son, however must I suffer further at the other extreme by being told that his value is $300,000? "We will also ensure that every family who lost a loved one receives, in total, at least a minimum level of compensation from all sources. For victims who were married or had children, that minimum will be $500,000 -- meaning that that they will receive a combined total of at least $500,000 from our program, other state and federal programs, life insurance and other compensation (excluding gifts from charities). The minimum for deceased victims who were single will be $300,000. My son who lived a clean life did not use drugs, did not have any babies is being awarded the paltry sum of $300,000 as an unmarried individual after the insurance part is taken off. Would you really accept that for someone so special in your life? From what I have seen , it appears that the Government is seeking to satisfy 'big business' at the expense of the individual.. The airlines and now the insurance companies are able to get money but the individual is granted very little. My son had insurance and like others in my predicament we have to suffer extra because any insurance we are due will be deducted from the sum that is awarded. I think this is a GROSS insult to families Mr. Zwick, and I request that you at least withdraw that stipulation before I can begin to even consider what is being offered. Individual Comment Queens, NY September 11 Email: Date The local time and date when the message was written. 2001-12-25 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 dojN000896.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. 2001-12-25 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, December 30, 2001 7:23 PM Equal compensation Please offer equal compensation to the husbands and wives of gay victims of the Sept. 11th attacks. I am sure the gay people who died had just as much pride in their country as anyone else. Their partners deserve to be treated equally. Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-12-30 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 dojN001240.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. 2001-12-30 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. Friday, December 21, 2001 6:16 AM Dear Mr. Zwick Kenneth L. Zwick, Director Office of Management Programs U.S. Department of Justice Dear Mr. Zwick, I am a member of Amnesty International, 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. We therefore request that the Justice Department, consistent with such international human rights standards, and the general principle of equality, include 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. We ask the Justice Department to 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." We remind Justice Department officials that real justice is only served when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. We thank you very much for the attention. Regards, Individual Comment 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 dojN000215.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. Tuesday, December 04, 2001 10:38 PM Comments on administration of Sept. 11 Victim Compensation Fund Dear Mr. Zwick: I am 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." I 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. I urge the Department to honor these bonds by treating the families of gay and lesbian victims as you would any other. They deserve the same treatment, care, and concern from our society as those of us who are legally permitted to marry the ones we love. I consider it highly irrational and constitutionally impermissible to think otherwise. Sincerely, Individual Comment Colorado Springs, CO 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 dojA000621.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. December 15, 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 Leslie, AR September 11 Email: Date The local time and date when the message was written. 2001-12-15 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 dojA005295.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. 2001-12-15 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. Tuesday, March 19, 2002 2:49 PM Outraged Over Benefits To whom it may concern: I am outraged and in disbelief that gay and lesbian partners of those who died on September 11 are not automatically going to receive the same benefits as heterosexual spouses. Please see to it to include "ALL PARTNERS" in your reversal to this policy. This is THE ONLY HUMANE way to set this policy in motion after what our country and those working from other countries had to go through on that fateful day. Thank you, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-19 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 dojR002207.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. 2002-03-19 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. 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 New York, NY 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 dojA002394.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. Monday, November 12, 2001 9:18 AM Comments re: Victims Compensation Fund Submitted to: Kenneth L. Zwik, Director Office of Management Programs U.S. Department of Justice, Civil Division Submitted by: November 12, 2001 Dear Mr. Zwik: As a relative of one of the victims of the September 11th terrorist attacks, I trust that the regulations for the Victims Compensation Fund (the Fund) can be fashioned in such a manner to bring equity and closure this most awful chapter in American history. Towards that end, the Fund must be structured to encourage victims families to surrender their rights to sue because they believe they will be treated fairly and promptly. To send such a compelling message I respectfully submit that the regulations must contain following elements: Do not reduce the award from any collateral source funds collected, including insurance, pension benefits, death benefits, and governmental payments (which we understand are being considered as offsets). Such offsets should be disallowed for, among other reasons, the same reason the IRS exempts life insurance proceeds from taxation (i.e., to encourage citizens to plan for their heirs). Such offsets would penalize those victims who sacrificed and saved for their families futures and unjustly transfer these assets, thereby representing a lifetime of work, to insurance companies and other corporate entities that may share the blame for the consequences that resulted from the tragic events of 9/11. In a nutshell, these assets have nothing to do with the damages that flowed from 9/11, and therefore there should be no offset to damages based on the net worth of the victims families. It would also result in awarding more in damages to those who did not sacrifice and save for their families futures, which would be an inequitable result. Provide the victims families with the right to appeal the award, as doing so would undoubtedly increase participation in the Fund. Should the Department of Justice decline to offer victims families the right to appeal, then at a minimum they should have input regarding the selection of the mediator who would decide the award. The government should provide a list of potential mediators with their background (e.g., educational, work experience, prior award history, etc.), which would allow victims families to make an informed choice. There should be set parameters for calculating damages (i.e., mathematical formula factoring lost future earnings, pension benefits, number of children, and other pecuniary benefits that would have been earned taking into consideration life expectancy tables), that would provide a floor for calculating damages and provide assurance to victims families as to what they could expect to receive, at a minimum, if they elected to opt into the Fund. I believe this has been referred to in the press as the development of a grid. In short, the victims families should be able to calculate, with some certainty, the minimum amount of money they could expect to be awarded prior to participating in the hearing. That should serve as a powerful inducement to opt into the Fund. Determine pain and suffering at the hearing. If the mediator deviates for the guidelines the victims families should be able to appeal the decision. The regulations should include a scheme that would afford the victims families one that is similar to the one they would enjoy in a wrongful death case. The amount awarded as damages should include all funeral, burial, and estate administration expenses incurred. Importantly, the amount should compensate the victims family for contributions they would have received between the time of his death and the end of this life expectancy, such as future lost wages. His gross earnings, including all fringe benefits between the date of his death and his life expectancy, must be factored in. Additionally, all monies the victim would have spent for or given to his family for such items as shelter, food, clothing, medical car, education, entertainment, gifts and recreation, taking into account his salary and age, must also be considered. The amount awarded should also consider the comfort and friendship that he would have given to his family had he lived and such other elements as work around the home and provision of society and comfort. Since the amount awarded would be intended to restore the victims familys loss, it should not be considered as income. Therefore, it should not be taxable by the federal or state taxing authorities. In closing, I understand that the DOJ is suggesting that the victims families surrender their right to sue without advising them what they can anticipate by way of award and without the ability to appeal such award. This is, to be kind, unacceptable. The above suggestions would encourage attorneys and families alike to opt into the Fund, thereby forgoing their right to sue. This would bring closure to an American Tragedy and reassure victims families that our government has their best interests at heart. We only want to place them in the financial position they would have been in had their loved ones not been taken away in the worst terrorist attacks in American historywhich may have been avoided. But that is another story. ofly you can help. Thank you. Respectfully, Brother to the widow of one of the victims to the WTC attack Individual Comment Coral Springs, FL September 11 Email: Date The local time and date when the message was written. 2001-11-12 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 dojW000314.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. 2001-11-12 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 10:54 AM Gay & Lesbian Heroes To Whom It May Concern: I've been told that the head of the September 11 Victim Compensation Fund has made clear that the partners of gay and lesbian heroes of September 11 will not receive the same benefits as the spouses/partners of heterosexual victims of the horrible terror attacks. Even fetuses and illegal aliens will be receiving benefits under this program - you've even promised to overlook federal law and not arrest and kick out the families of illegal aliens, nor will you 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, who died in the line of duty when the first tower fell, and who was co-pilot of the plane that crashed into the (there are many more) - you say "the law is the law and no exceptions can be made." If September 11 has taught us anything, it's that our patriotism and love of country transcend our differences and unite us all. We were told that September 11 was the day that "hyphenated-Americans" were no more, and rather than being Italian-Americans, African-Americans or gay-Americans, we were now simply Americans, all of us together as one American family. Apparently, that family just got a divorce. The hyphens seem not to matter when our government wants to use our heroism to inspire others, but when it comes time to actually aid the families of those heroes, the hyphens come back with a vengeance, and it seems that some American heroes are now more equal than others. I am outraged at this situation and implore you to correct it. Individual Comment Seattle, WA 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 dojR001845.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, December 19, 2001 9:00 AM equal family 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 Muncie, IN 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 dojA002803.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, December 24, 2001 9:38 PM Equal access to crisis relief benefits December 24, 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 San Antonio, TX September 11 Email: Date The local time and date when the message was written. 2001-12-24 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 dojN000883.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. 2001-12-24 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 29, 2002 9:55 AM Sept. 11 If they are Illegally here NO they shouldn't get any money. Because everyone should be here Legally and have the proper paper. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-01-29 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 dojP000262.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. 2002-01-29 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 Seattle, WA 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 dojN002061.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, November 12, 2001 7:05 AM We Are Victims, Too My understanding is that victims of the September 11th tragedy are defined as families of those who perished as well as individuals who are now unemployed (or whose businesses sustained prolonged closures) as a result of the attacks. Without a doubt these people have suffered the most, and will continue to suffer for a significant period of time. However, there is a population of individuals who I do not believe qualify under the accepted definition of victims ... but these are people whose lives have been turned upside down since September 11th. These "non-victims" live in the immediate vicinity of Ground Zero. I speak from personal experience. I live at . The complex is directly across the street from "the site" (or the sight) of the collapsed towers. While my apartment sustained no physical damage, it is nevertheless contaminated with dust. I was lucky. My apartment faces south along the water's edge. Many of Gateway's residents in the buildings facing the towers found that their apartments caught on fire when flaming debris was jettisoned across the street from the World Trade Center. Others have had to sift through the dust and debris land landed in the apartments when their windows blew in from the force of the collapses. For a variety of reasons, everyone in the neighborhood was prohibited from reoccupying their apartments for a period of time. FBI and police designated the area a crime scene. Emergency and rescue workers commandeered buildings and streets. For a time, the area belonged to the authorities ... and rightly so. In the past month or so, many buildings have been readied for reoccupation, but many in the neighborhood cannot yet return because particulate matter in the air (emanating from the still-buring fires) causes respiratory distress, nosebleeds, asthma, headaches, etc. While we have been assured by the EPA that the air poses no long-term health risks, residents are suffering from symptoms that make the area a short-term health nightmare. While some downtown residents were smart enough to purchase homeowners or renters insurance, many, many were uninsured. I am uninsured. Every uninsured person has had significant out-of-pocket expenses: temporary housing, HazMat decontamination, the cost of HEPA air filters (recommended by the Department of Health, OSHA and the EPA), extraordinary meal charges, dry cleaning, etc., etc. A subset of the population have incurred (or will incur) additional expenditures: moving and storage costs, medical (and psychological) bills, charges to replace damaged property and the like. I will be incurring moving and storage expenses, as I feel forced to move out of BPC, due to the uninhabitable nature of the air environment and the unknown dangers that exist from being exposed to that air. Although there are serious financial considerations for downtown residents, the emotional toll is hard to quantify. Many have been so traumatized that their professional performance and personal relationships have suffered. Our once tranquil neighborhood has suffered too. Transportation options are significantly reduced (and will be for years to come). Goods and services are greatly diminished (many stores have permanently abandoned the area because they relied heavily on the patronage of those who worked and visited the World Trade Center complex). Air quality is compromised (we've been told that our children should not exert themselves when playing outdoors.) Many have chosen to move to other parts of the City, or out of the city, as I have. Others have chosen to stay and rebuild the neighborhood putting themselves at great short, and long term risk to their health. All have suffered. We are victims too. Please help us. Sincerely, Individual Comment New York, NY September 11 Email: Date The local time and date when the message was written. 2001-11-12 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 dojW000326.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. 2001-11-12 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. Friday, March 22, 2002 10:20 AM Stop the Discrimination It is a sad day in America when our government continues to discriminate against a large segment of the populace ESPECIALLY when some members of that segment were heroes of 9/11!!! To give aid and assistance to fetuses and illegal aliens and NOT to families of gays who died in the 9/11 tragedies is, in my judgment, a horrible travesty of justice and should NOT be allowed. To overlook the laws on the one hand to give aid and then flaunt the law on the other when it comes to gays, MUST be stopped immediately. Please change this very un-American policy immediately and give aid to all that deserve it due to their circumstances on 9/11 and not discriminate because of someone's lifestyle. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-22 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 dojR002627.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. 2002-03-22 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. Monday, March 18, 2002 12:04 AM discrimination I cannot believe after the tragic events of September 11th that we still have prejudice and hatred in the hearts of some. Many people lost their lives in such a short moment. It doesn't matter whether or not they we're gay or straight. It matters that they were Americans! Do the right thing, the decent thing, the American thing. Help everyone from September 11th. Help the Americans who lost their loved ones when our nation was attacked! 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 dojR001585.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. January 18, 2002 By Federal Express with Attachments By Fax and E-mail without Attachments Mr. Kenneth L. Zwick Director, Office of Management Programs U.S. Department of Justice, Civil Division Main Building, Room 3140 950 Pennsylvania Avenue Washington, DC 20530 Comments on the Interim Regulations for the September 11 2001 Federal Fund: The Case for Recognition of "Common Law" Spouses Dear Mr. Zwick: In response to your request for comments from the public regarding the interim regulations for the federal compensation scheme, we write to propose that the regulations be modified to recognize as encompassed in the term "spouse," what many states recognize as a "common law" spouse. A. Background to this Submission By letter dated December 18, 2001, we submitted to the Special Master our suggestion that the regulations governing the September 11 Fund recognize and protect the interests of so-called common law spouses. By common law spouses, we mean domestic partners who have lived in a spousal relationship, but have not been ceremonially married. A number of states recognize common law marriage. Although they differ in their detail, broadly speaking, the laws of such states typically require that there be no impediment to marriage (such as another spouse) and that there be evidence of an agreement to live together as husband and wife. Such agreement is normally evidenced by actual cohabitation and a variety of other factors including, most importantly, the reputation of the couple amongst their friends and colleagues as being husband and wife. Unfortunately, New York is not one of those jurisdictions that recognize common law marriages. This places common law spouses of September 11 victims who were domiciled in New York in an extremely precarious position. Our concern is epitomized by the situation of a particular victim of the World Trade Center attacks, &nbsp&nbsp&nbsp&nbsp . &nbsp&nbsp&nbsp&nbsp had lived with a victim of the attacks, &nbsp&nbsp&nbsp&nbsp , for over ten years. They had two children together, a boy aged six and another son who has just turned one, whom they were raising together as a family. They jointly owned their apartment and both their names were on the mortgage. In the only surviving documentation identifying beneficiaries of &nbsp&nbsp&nbsp&nbsp benefits, a stock option grant, he identified Ms. as the beneficiary and described her as his wife. Moreover, his friends and business colleagues viewed her as his wife. For all practical purposes she was his wife. Unfortunately, as noted, New York law does not recognize relationships such as that between Mr. &nbsp&nbsp&nbsp&nbsp and Ms. &nbsp&nbsp&nbsp&nbsp to be marriages. Equally unfortunately, as did so many September 11 victims, Mr. &nbsp&nbsp&nbsp&nbsp died intestate. The combined result is that Ms. &nbsp&nbsp&nbsp&nbsp has no legal claim to any portion of Mr. &nbsp&nbsp&nbsp&nbsp estate. Although, under New York's law of intestacy, Ms. &nbsp&nbsp&nbsp&nbsp two infant children will be among the beneficiaries of their father's estate, Ms. &nbsp&nbsp&nbsp&nbsp will have to administer their money as guardian of their property. In this fiduciary position, Ms. &nbsp&nbsp&nbsp&nbsp management of such funds will be supervised by the Surrogate's Court and she will only be able to use the funds for the support and education of the children as approved by the court. In a very real way, she will not be free to bring up her children in the best way she judges, but will be subject to judicial oversight. And when they attain their majority, she will be left with no financial resources other than whatever savings she can make on her own income, currently $20,000 a year. Prior to his death, Mr. &nbsp&nbsp&nbsp&nbsp had been the family's primary financial provider, earning approximately $70,000 a year, before bonuses and tax. In light of the drastic reduction in her family's income upon his death and her very real concerns for her own financial future without her husband's support, Ms. &nbsp&nbsp&nbsp&nbsp will be obliged to continue working notwithstanding the needs of her children as a result of their father's tragic and untimely demise. In making our December 18 submission, it was our hope that the regulations promulgated for the September 11 Victim Compensation Fund would permit common law spouses in the position of Ms. &nbsp&nbsp&nbsp&nbsp some recovery. Regrettably, we do not believe that they do so. B. The Purpose of the September 11 Legislation The stated purpose of Title IV of the September 11 Legislation, which created the September 11 Victim Compensation Fund of 2001, is "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." In releasing the Interim Regulations, Special Master Kenneth Feinberg eloquently described the Fund as "an unprecedented expression of compassion on the part of the American people to the victims and their families devastated by the horror and tragedy of September 11. In one important sense, the Fund symbolizes the commitment of the American people to those most in need." He stated that the goal of the regulations is, "in an expedited and efficient manner," to "provide fair, predictable and consistent compensation to the victims of September 11 and their families." C. The Provisions of the Statute The statute sets up a procedure whereby a claimant who is an "eligible individual" may file a claim for compensation under the Fund. A claimant is an "eligible individual" if he or she was on board one of the crashed planes or was present at the site of the World Trade Center, the Pennsylvania crash site, or the Pentagon at the time of, or in the immediate aftermath of, the crashes, and suffered personal injury or death as a result. In the case of an eligible individual who is dead, the personal representative of the decedent shall be deemed eligible to make the claim on the deceased claimant's behalf. The claim shall be for economic and non-economic losses that the claimant suffered as a result of the crashes. The statute provides that "economic loss" shall mean "any pecuniary loss resulting from harm ... to the extent recovery for such loss is allowed under applicable State law." In the case of someone killed at the World Trade Center, this will entail determining what forms of economic loss can be recovered on behalf of that deceased person under New York law. The statute does not look to state law to define non-economic loss, but rather sets forth its own very broad definition. Save for the general statement that the legislation's purpose is "to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of [September 11]," the statute is silent as to who may be deemed a beneficiary of an award made to a deceased person from the September 11 Fund and the manner in which such an award should be distributed. The statute does not define "relatives." The statute does not specify that state law shall govern either the determination of who may be the beneficiary of an award made to a deceased person under the Fund or the definition of "relatives." Such determinations accordingly fall within the general power of the Special Master to "promulgate all procedural and substantive rules for the administration of this title." D. The Interim Regulations The Interim Regulations contain the following provision regarding the distribution of an award to a decedent's beneficiaries. Section 104.52. Distribution of award to decedent's beneficiaries The Personal Representative shall distribute the award in a manner consistent with the law of the decedent's domicile or any applicable rulings made by a court of competent jurisdiction. The Personal Representative shall, before payment is authorized, provide to the Special Master a plan for distribution of any award received from the Fund. Notwithstanding any other provision of these regulations or any other provision of state law, in the event that the Special Master concludes that the Personal Representative's plan for distribution does not appropriately compensate the victim's spouse, children or other relatives, the Special Master may direct the Personal Representative [that] all or part of the award be distributed to such spouse, children or other relatives. The Interim Regulations do not define "relative." They do, however, define a "spouse" (subject to certain qualifications) as meaning a "person reported as spouse on the victim's federal tax return for the year 2000," define "dependents" (subject to certain qualifications) to mean "those persons so identified by the victim on his or her federal tax return for the year 2000," and define "beneficiary" to mean "a person entitled under the laws of the state of the decedent's domicile to receive payments or benefits from the estate of or on behalf of the decedent on whose behalf the claim to the Fund was filed." As such, the Interim Regulations do not protect the interests of "common law" spouses, such as Ms. &nbsp&nbsp&nbsp&nbsp , whose husband, &nbsp&nbsp&nbsp&nbsp , was domiciled in New York. If the distribution plan is to be made in accordance with New York law, Ms. &nbsp&nbsp&nbsp&nbsp will not be entitled to recover any amount from the award made from the Fund in respect of Mr. &nbsp&nbsp&nbsp&nbsp , since New York law does not recognize common law marriages. Moreover, in light of (i) the fact that the definition of "spouse" under the Interim Regulations would exclude Ms. &nbsp&nbsp&nbsp&nbsp and (ii) the fact that the Interim Regulations fail to define the term "relative," it is wholly unclear whether Ms. &nbsp&nbsp&nbsp&nbsp would even have recourse to ask the Special Master to modify any plan of distribution that, following New York law, excludes her as a beneficiary. E. Why the Regulations Should be Changed As they stand, the above provisions of the Interim Regulations are fundamentally unfair and lead to arbitrary and inconsistent results. First, the failure of the Interim Regulations to deal with common law spouses in the position of Ms. &nbsp&nbsp&nbsp&nbsp is fundamentally unfair. Ms. &nbsp&nbsp&nbsp&nbsp has suffered the same emotional loss as any ceremonially married spouse of a victim of the terrorist attacks the loss of the man with whom she had lived for more than ten years and the father of her two children. She has to explain the loss of their father to her children and to deal with her own grief just like any other spouse. She also has to face the same financial insecurities due to the loss of her family's main source of income as any other spouse. In short, she has to face a future financially and emotionally on her own just like any other widowed spouse. Second, the Interim Regulations discriminate against common law spouses of New York domiciled victims since the laws of a number of other states recognize common law marriages. The victims of September 11 were domiciled all over the United States; any common law spouses of victims domiciled in states recognizing this form of marriage would be entitled to recover from an award under the Fund. Similarly, Washington D.C., the site of the Pentagon crash, recognizes common law marriages. Thus, a common law spouse of a victim who was domiciled in Washington, D.C., would be entitled to receive compensation from the Fund's award to the victim. This is a federal fund what people whose loved ones have been killed receive under it should not depend on the vagaries of the laws of individual states, particularly where the application of such laws will result in two people in otherwise identical circumstances being treated wholly differently the common law spouse of, for example, a Texas, Pennsylvania or D.C. domiciled victim being permitted compensation as a spouse, the common law spouse of a New York domiciled victim being denied any compensation at all. Finally, even within the group of "common law spouses" of New York domiciled victims, there will be little consistency. Recognizing the inherent equity of claims brought by common law spouses, New York courts have, in the words of one commentator, "bent over backwards to find common law marriages when a couple has spent the briefest of periods together in jurisdictions that continue to recognize the doctrine." Thus, persons in similar positions to that of Ms. &nbsp&nbsp&nbsp&nbsp , but who have been fortunate enough to have spent as few as a couple of weekends in such a jurisdiction, would, under New York law, be treated as a spouse. Such arbitrary matters as where a couple has spent a vacation should not be determinative of whether the surviving partner of a familial relationship can receive compensation from a federal fund designed to provide for the victims of this nation's worst terrorist attack. In short, the Interim Regulations, as they pertain to the ability of a common law spouse to be a beneficiary of a deceased claimant's award from the Fund, fail in their primary mission to provide "fair, predictable and consistent" compensation to the victims of the September 11 terrorist attacks. F. Proposed Revisions We propose accordingly five relatively simple amendments to the Interim Regulations: First, we propose that the definition of "beneficiary" in regulation 104.3(a) be amended as follows (amended language is in italics): (a) Beneficiary. The term beneficiary shall include: (1) a dependent as defined in subsection (b) of this section, and (2) a spouse as defined in subsection (c) of this section, and (3) a relative as defined in subsection (d) of this section, and (4) a person entitled under the laws of the decedent's domicile to receive payments or benefits from the estate of or on behalf of the decedent on whose behalf the claim to the Fund was filed. Second, we propose that the definition of "spouse" in regulation 104.3(c) be amended as follows: (c) Spouse. The Special Master shall identify as the spouse of a victim: (1) The person reported as spouse on the victim's federal tax return for the year 2000 unless: (i) The victim was married or divorced in accordance with applicable state law on or after January 1, 2001; or (ii) The victim was not required by law to file a federal income tax return, or (2) In the event that no spouse is identified pursuant to subsection (c)(1) of this section, the person who is the spouse of a victim under the laws of the state of domicile of the victim, or (3) In the event that no spouse is identified pursuant to subsections (c)(1) or (c)(2) of this section, the person who cohabited with the victim under such circumstances that the victim and the person held themselves out to be one another's spouse. The existence of such a relationship may be evidenced by a nexus of factors, including but not limited to, whether the victim and such person lived together, the length of the relationship between such person and the victim, whether the victim ever described or referred to such person as his or her spouse, whether friends, neighbors and business colleagues viewed the victim and such person as spouses, in the event that the victim and such person had children whether they lived together with such children in a familial relationship, and such factors as common ownership of property, common householding and shared budgeting. Third, we propose that the definition of "dependents" in section 104.3(b) of the Interim Regulations be amended as follows: (b) Dependents. The Special Master shall identify as dependents: (1) Those persons so identified by the victim on his or her federal tax return for the year 2000 unless: (i) The claimant demonstrates that a minor of the victim was born or adopted on or after January 1, 2000; or (ii) Another person became a dependent in accordance with then applicable law on or after January 1, 2001; or (iii) The victim was not required by law to file a federal income tax return for the year 2000; and (2) Persons who make a showing of unilateral dependence or interdependence upon the victim, which may be evidenced by a nexus of factors, including but not limited to, common ownership of property, common householding, shared budgeting, and the length of relationship between such person and the victim. Fourth, we propose adding to section 104.3 of the Interim Regulations a definition of the word "relative" as follows: (f) Relative. For the purposes of these regulations, the term relative of a victim shall be construed in its broadest possible sense and specifically shall include, but not be limited to, dependents as defined in these regulations. Fifth, and finally, we would propose amending regulation 104.52 as follows: The Personal Representative shall distribute the award in a manner consistent with the law of the decedent's domicile or any applicable rulings made by a court of competent jurisdiction, save that for the purposes of determining whether a person was the victim's spouse, the definition of "spouse" set forth in these regulations shall be applied. Together we believe that these relatively simple amendments will afford fairness and consistency to the regulations and permit common law spouses to be recognized as spouses, relatives and beneficiaries of deceased victims of the September 11 attacks regardless of the vagaries of the laws of individual states and arbitrary circumstances such as where a couple spent their vacations. G. Conclusion If the Fund is to "symbolize the commitment of the American people to those most in need," it should not permit victims of the September 11 terrorist attacks to slip through the cracks. If its objective is to provide "fair, predictable and consistent compensation" to victims of September 11, it should treat like cases in a like fashion and should not permit arbitrary factors, such as where a victim is domiciled or where a victim and his partner spent a few days or weeks in the long history of their relationship, to determine the right of someone who built a life with the victim to be compensated for their tragic loss. We strongly urge that the Special Master consider and adopt our proposed amendments to permit common law spouses of deceased victims of September 11 to be compensated from those victims' awards under the Fund. Naturally should you have any questions or wish us to provide further assistance, we shall be more than happy to provide such answers and help as you may need. Sincerely, Individual Comment New York, NY ATTACHMENT 1 December 18, 2001 Mr. Kenneth L. Zwick Director, Office of Management Programs U.S. Department of Justice, Civil Division Main Building, Room 3140950 Pennsylvania Avenue Washington, DC 20530 Dear Mr. Zwick: In response to your request for comments from the public regarding the guidelines for the federal compensation scheme, we would like to bring one concern to your attention. I and certain of my colleagues are acting as "facilitators: under the program established by the New York City Bar Association to provide legal services for people who lost family members in the September 11 attack on the World Trade Center. During the course of our work, we have encountered a number of people who lost their "common law" spouses in the attack. Although common law marriage is not recognized in New York State, we have come to realize that such relationships are quite common in some segments of the community, especially among immigrants. Not infrequently these relationships are of many years duration with children brought up by both parents as a family unit. However because state law does not recognize common law marriages, the surviving spouse of a common law marriage has no entitlement under the laws of intestacy. Since many of the victims died intestate, the financial hardship to surviving common law spouses (who are also suffering the same emotional loss and trauma as legally married spouse) can be great. As the federal government establishes procedures and guidelines for the federal compensation fund, we would strongly suggest that common law spouses of WTC victims, many of whom are parents of young children and who were dependent on the victim for their income and support, have the same standing to make claims from the fund as legally married spouses. Here is the story of one such person. "H" was a database manager for a company located in the WTC. Until his death, H lived with "W" and their two children, aged 9 months and 6 years, in Queens, New York. Although they were never legally married, H and W had lived as husband and wife for more than ten years and were joint owners of their co-op and jointly held the mortgage on their apartment. The combined income of H and W was approximately $100,000 per year of which H provided approximately 75%. After H's death on September 11, W found herself with few options. H had not made a will and since W had not been legally married to H, she is unable to inherit from him under the rules of intestate succession in New York. In fact, she must petition for guardianship of her children's property simply to administrate H's estate on behalf of their children. Although W will be able to seek to be paid money from the children's share of the estate to help her support them, in order to do so she will have to petition the Surrogate's Court. Since the Surrogates's Court is primarily concerned with the preservation of the corpus of the funds until the children attain majority, she will most likely face obstacles in invading these funds. Finally, W will lose complete control over the funds once her children reach majority. With few assets of her own, W will have virtually nothing to support herself as she enters retirement. In this particular instance, W's plight is complicated by the destruction of the records designating H's selection of beneficiaries under certain insurance policies. H had several employer based insurance policies and a 401K plan. He had commented on many occasions, that in the event of his death, W would be well provided for. The 401k plan in particular was supposed to be their nest-egg. Unfortunately, any and all beneficiary information was kept by H's employer at its place of business and not communicated to the insurers; the documentation was destroyed in the September 11 attack on the World Trade Center. Accordingly, it is likely that such funds will be distributed to H's heirs in intestacy - his children - and by-pass W altogether. W has been terribly affected by this national tragedy. She lost the man she considered to be her husband, the father of her children and the primary income provider for her family. Her position is no different from that of legally married spouses, except that she has none of the financial security that a legally married spouse in her position would have. It is my understanding that W's situation is far from unique. In the period immediately following September 11, Governor Pataki, by executive order, provided that non-married partners of WTC victims could make applications for emergency assistance from the Crime Victims Compensation Board. In so doing, the Governor stated: "[a] person shall be eligible for awards upon a showing of unilateral dependence upon such victim, which may be evidenced by a nexus of factors, including but not limited to common ownership of property, common householding, shared budgeting and the length of the relationship between such person and the victim." We suggest that that the federal fund adopts a standard that similarly recognizes the long-term losses and needs of common law spouse such as W. Sincerely, ATTACHMENT 2 Martindale-Hubbell Law Digest 2001 - State Laws re: Common Law Marriages ATTACHMENT 3 208 A.D. 2d 882 617 N.Y.S.2d 903 (Cite as: 208 A.D.2d 882) C ATTACHMENT 4 DOMESTIC RELATIONS LAW ARTICLE 3. SOLEMNIZATION, PROOF AND EFFECT OF MARRIAGE ATTACHMENT 5 SURROGATE'S COURT PROCEDURE ACT ARTICLE 17. GUARDIAN AND CUSTODIANS NY CLS SCPA § 1713 (2001) ATTACHMENT 6 115 STAT. 230 Public law 107-42-SEPT. 22, 2001 TITLE I - AIRLINE STABILIZATION ATTACHMENT 7 [Federal Register: December 21, 2001 (Volume 66, Number 246)] [Rules and Regulation] [Page 66273-66291] ATTACHMENT 8 Rev. Rul. 58-66 1958-1 C.B. 60, 1958 WL 10653 (IRS RRU) Internal Revenu Service (I.R.S.) Revenue Ruling Published: 1958 Section 151. -- ALLOWANCE OF DEDUCTIONS FOR PERSONAL EXEMPTIONS, 26 CFR 1.151-1: Deductions for personal exemptions. ATTACHMENT 9 75 ORLR 709 (Cite as: 75 Or. L. Rev. 709) C Oregon Law Review Fall 1996 *709 A FEMINIST PROPOSAL TO BRING BACK COMMON LAW MARRIAGE ATTACHMENT 10 STATE OF NEW YORK EXECUTIVE CHAMBER No. 113.30 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 dojN002435.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. December 15, 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 Santa Fe, NM September 11 Email: Date The local time and date when the message was written. 2001-12-15 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 dojA005185.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. 2001-12-15 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. Monday, March 11, 2002 11:13 PM How do you spell "relief?" Dear thoughtful and wise elected or appointed officials: Please tell me that the following, which I received today from an outraged colleague, is just another email hoax. It sounds so surreal and, well, UNamerican. In case you can only confirm that it is true, I'll just mention that though you consider me a sub-type of citizen than you would a heterosexual, I am an enthusiastic voter. Thank you for your time and continued concern about the welfare of every citizen of this great country. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-11 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 dojR000333.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. 2002-03-11