90 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. Wednesday, December 19, 2001 10:36 AM September 11 Victims Relief Fund December 19, 2001 Dear Mr. Kenneth Zwick, I write 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 Brookline, MA 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 dojA002995.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, December 04, 2001 3:27 PM Regulations for Victim Compensation Fund Dear Mr. Zwick: Re: September 11 Victim Compensation Fund Please ensure compensation to all victims of the attack, including the committed partners and non biological children of gay and lesbian victims. Sincerely, Individual Comment El Sobrante, CA September 11 Email: Date The local time and date when the message was written. 2001-12-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000318.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. Friday, December 21, 2001 6:54 PM Equal Benefits Access December 21, 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 Lincoln, CA 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 dojN000606.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. Wednesday, December 19, 2001 9:08 PM Please give equal access to 9-11 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 Arlington, VA 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 dojA003807.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, March 16, 2002 6:04 PM benefits for gays To whom it may concern: Why must we keep the hate alive for gays and lesbians? Is it not time to lay down the sword and unite? The fact of the matter is, you may deny us the rights as people and treat us as second class citizens, but we will not go away. As God is my witness we will overcome your poison and we will succeed. The hate that you are trying to kill us with will only come back to you. The one and only God teaches us love, not hate. We are all of the same love and light. Give to all accordingly! Individual Comment a human being that promotes human rights for all! September 11 Email: Date The local time and date when the message was written. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001157.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 12, 2001 4:00 PM victim compensation comments Wednesday December 12. 2001' To those that will write the final wording on Public Law 107-42. My firefighter son , on rotation to Engine 40 from Ladder 32 lost his life on September 11, 2001 bravely performing his job of fighting fires and evacuating civilians. There are no words capable of describing the feelings of how loss has left a gaping black hole in the psyche of each and every member of his family. We his parents are at an age where any compensation will not change our future significantly as we will mourn our son from that day until the day we die. siblings suffer the torment their beloved brother's excruciating loss in equal measure as we his parents do and will mourn that loss for many more years than his parents. Any law that doesn't take into consideration siblings and give them compensation in equal measure as parents, spouses and children falls short and fails to recognize the contributions of those who perished at Ground Zero. the Pentagon and Pennysylvania. was engaged to a beautiful young lady , and they would have been married on November 16. 2001 if had not died. Her life has been turned into a living hell and she must also receive consideration for the insurmountable loss she suffered. The comments stated in message W000646 seems to cover most of the concerns listed above and is in my opinion the correct path to follow so that all survivors are given the utmost consideration Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-12-12 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 dojA001516.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. 2001-12-12 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 15, 2002 10:15 AM To the Administrators of the 9-11 Funds: It has come to my attention that partners of victims of the 9-11 disaster who happen to be gay will not be eligible for compensation under current rules of disbursement of 9-11 funds. This is unconscionable - all survivors of this disaster deserve to be compensated, whether heterosexual or homosexual. Partners who have shared the same home, same expenses and built a life together deserve the help you are offering. Many of these partners are of same-sex relationships. Please note my opposition to this situation. You are falling very short of your mission if you are omitting the gay/lesbian population from pool of eligible beneficiaries. Individual Comment Great Falls, MT 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 dojR000835.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 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. 9 January 2002 To our Elected Officials: In the immediate aftermath of the tragic attack of September 11th upon our nation, Congress enacted the Victims' Compensation Fund of 2001 P.L. 107-42, to compensate the relatives of the victims of that brutal attack. As you know, this Fund was enacted as part of a comprehensive package which bailed out the airlines industry and imposed restrictions on the rights of the victims' relatives to sue the airlines in court. We implore upon you, as our elected officials, to demand changes to the interim rules issued by Kenneth Feinberg, the Special Master. As it stands, Mr. Feinberg's self-imposed rules fail to satisfy the letter or the spirit of the legislation which was enacted. Specifically, we request that you act on our behalf and demand the following changes to the interim rules: 1. The arbitrary income limits imposed by the Special Master are not only unfair but also inconsistent with the letter and the spirit of the law. Those victims from the financial industry are specifically harmed by this limit. They were targeted and murdered precisely because of the jobs they held, and where they worked-the World Trade Center, the Financial Capital of the world, the embodiment of financial success. Those who achieved such success should see that reflected in their awards. They personified American Business and commerce, democracy and freedom. We ask that you demand that Mr. Feinberg lift the arbitrary income limits so that each family can be treated fairly, commensurate with the support they provided their families before their death. 2. Mr. Feinberg has arbitrarily restricted the non-economic awards for pain and suffering, no matter what the extent of the pain and suffering. This is unacceptable. In the words of Rep. Peter King, "...every death is tragic, A murder is particularly tragic. But to have your loved one murdered in a burning building in full view of the world - in a scene which will be repeated in the media for decades to come-is a horror these families will never escape from... The Special Master cannot take it upon himself to restrict the rights of the families." Therefore, we request that the interim rules be amended to more appropriately compensate the victims' families for the immeasurable pain and suffering endured by our loved ones. As Mayor Giuliani stated in his farewell address: "we have an obligation to the people who did die... Their families need to be protected just as if they had been alive, financially and every other way that we can help and assist their families...There should be no compromise about that ever..."We request that the interim rules be amended and redefined to the extent that income caps be removed when computing economic loss and that compensation for pain and suffering more accurately reflect that horror which was suffered. Justice demands no less. Sincerely, Individual Comment Bronx, New York September 11 Email: Date The local time and date when the message was written. 2002-02-04 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 dojN002521.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. 2002-02-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 05, 2001 1:32 PM Attn: Mr. Kenneth Zwick 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 families 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 Atlanta, GA September 11 Email: Date The local time and date when the message was written. 2001-12-05 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 dojA000877.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. 2001-12-05 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. February 4, 2001 Special Master Feinberg Department of Justice Fax 301-519-5956 Dear Sir or Madame: This letter is to discuss the Victim's Compensation Fund enacted by Congress on September 21 and the impact its unfairness is having on my family. I believe that the problem stems from the haste in which it was written...in just 48 hours by Congress. Under this program a large portion of the families like mine will receive nothing beyond what they were already entitled to. While we do wholeheartedly support necessary compensation to the wives, husbands and children, I cannot understand the government's position that the parents of unmarried victims are not included. We are the victims of the September 11th attack, and we urge you to change the federal regulations to provide greater compensation for the pain and suffering of our loved ones. This system was created to reduce the liability of the airlines and others, severely limiting the ability of our families to recover damages in court. In return, we have an unjust, limited compensation scheme with inadequacies. The regulations allow non-economic damages that are approximately one-tenth the level normally paid in other plan crash and terrorism cases. The non-economical award of $250,000 is an insult when one considers the economic support given to the airlines industry. Because the law requires deduction of "collateral sources" including life insurance and pension plans, the awards allowed under these regulations will be unconscionably low. With awards for members of the military, there are no deductions for social security, workers compensation, life insurance and other such factors as there would be for our families. Why did Congress decide differently in the September 11th tragedy? When you deduct social security and workers compensation (social security and workers comp death benefits are paid to everyone gainfully employed) then deduct life insurance and pensions that had, we are left with basically nothing. The loss of our son , a New York City fireman, has devastated our family. He was always an integral part of our lives bringing joy, help and support to us and life will never be the same again. My wife and I have been disabled for years, a condition made tolerable because of anticipated golden years enjoyed with the love and pride in our children. Our happiness is gone forever...our lives destroyed with the events of September 11th. Now, with the unimaginable heartache from the loss of our beloved son, the government has added an inexplicable hurt to our overwhelming sadness in stating that families such as ours, are not entitled to fair compensation for our loss. was off duty, ready to return home, when the alarms came in, and without question, he again put on his gear, ran down the street and jumped on the fire engine to join his fellow firefighters in this emergency. This unselfish decision, as you know, cost him his life and cost us our beloved son. was an American who loved his country, paid his taxes, and was killed by a terrorist organization that killed before. He was a taxpayer for 20 years and will continue to be a taxpayer because his social security and death benefits are taxed. His tax dollars, will go toward rebuilding Afghanistan, bailing out the airline industry ($15 billion), and paying the high cost of "justice" for . His sacrifice has been lost in the arguments over benefits for his family. The airline bailout created a compensation fund for people who waive their right to sue. Awards are to be based partly on economic loss suffered by each family and partly on pain and suffering the victim endured...there will never be enough money minted to compensate for our loss. The entire nation was attacked on September 11th, but the victims in the trade center and their families suffered the direct hit!! It would be the ultimate irony if tax dollars that failed to protect him and destroyed his family were to go everywhere else but toward rebuilding his family's life. I cannot live with that. Can you? Sincerely, Individual Comment Deer Park, NY September 11 Email: Date The local time and date when the message was written. 2001-02-04 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 dojP000502.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. 2001-02-04 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. Saturday, March 16, 2002 8:01 PM 9/11 Victim Compensation Fund I would like to express my outrage that partners of gay and lesbian heroes of September 11 will not automatically receive the same benefits as the spouses of heterosexual victims of the horrible terror attacks. Even fetuses and illegal aliens will be receiving benefits from this fund. Contrary to federal law, families of illegal aliens are promised compensation. Yet the life partners of heroes like &nbsp who helped bring down the flight in Pennsylvania, NY Fire Dept. &nbsp who died in the line of duty when the first tower fell, and &nbsp who was &nbsp of the plane that crashed into the Pentagon are to be treated with less regard than illegal aliens. Since September 11, we have been encouraged by the President and public leaders to exercise tollerance toward those with different beliefs than our own. What argument can be offered to justify intollerance to partners of gays and lesbians who were equally victimized by this tragedy. Our country be a beacon of freedom and tollerance. We MUST set, for the world, an example of tollerance--tollerance for ALL PEOPLE, not just straight ones. I urge you to grant partners of gay and lesbians in the Victim Compensation Fund equal compensation. Don't trivialize the deaths of these Americans. Individual Comment Plano, TX September 11 Email: Date The local time and date when the message was written. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001215.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, March 18, 2002 9:24 AM 9/11 Fund Exclusion of Gays FOR THE MEMORY OF: And so many more... I am saddened, outraged and ashamed to hear that once again my government is choosing to divide its people. How dare such a horrific double standard be applied within the September 11 Victim Compensation Fund. The very idea that benefits would be denied to same sex partners saying that the "law" must be followed while overlooking every law written about illegal imigration is preposterous. I am proud of my country. I know it to be the home of an amazing spirit. Our people, on the whole, have a wonderfully kind and generous nature. And, in times of strife, we pull together to take care of each other. I've seen it times of fire, flood, tornado, earthquake, and now, sadly, during acts of terrorism. When the towers were hit, I was stunned, I listened and watched with disbelief. When the towers fell, I cried. I cried for every life lost, for everyone who lost a loved one, for all Americans who would now have to live in a world that had been changed forever. But, in the days and weeks that followed, I was uplifted by the outpouring of support and for the healing that seemed to be happening across all the artificial barriers that we have established over time. I took part in the common prayer times observed across the country. Groups of people from every religious affiliation, race, and sexual orientation came together, held hands, and prayed. We didn't care then about each other's differences. I cried for everyone. I prayed for everyone. It would appear from their recent statements, however, that the administrators of the September 11 Victim Compensation Fund did not. Please correct this injustice. Do not push our people backward. We've crossed such an important bridge. Let's sustain the gain, and move our country forward with all its people equal and united. Respectfully, Individual Comment Dallas, TX 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 dojR001693.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, December 15, 2001 7:54 PM victim relief 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. There is no limit to grief. 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. Sincerely, Individual Comment Bainbridge Is., WA 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 dojA002036.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. Thursday, March 14, 2002 10:47 AM who counts? To deny survivor benefits to some people, because they happen to be gay or lesbian, is anathema to what this country is about. Gay and lesbian Americans have fought and died for this country in every battle, sat in POW camps and stood proud as the flag passed. They did this so that the immortal words,"all men are created equal," would not die. You may not have to answer for this discrimination you perpetuated today. But, when your maker ask you why you would make life more difficult for some, what will you say? Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-14 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 dojR000737.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. 2002-03-14 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. Sunday, March 17, 2002 10:35 AM Please, Equality for ALL survivors of terrorism. Dear Kenneth Zwick, Director Sometimes justice can be so easy. You simply apply the same standard to everyone. Rather than having to grapple with the varying policies of 50 different state governments, you regard all the victims of the September terrorist attacks in the same light. That &nbsp was gay does not diminish his heroism, his Americanism. To deny some victims of the horrors of terrorism equal treatment because of their sexual orientation only adds to the depths of the tragedy. Please never forget that the proud name of the agency with which you work is Justice. Treat all the victims/heroes the same in determining survivor benefits. They deserve no less. The reputation of the United States as a land of fairness demands no less. Thank you, Individual Comment Mount Dora, Florida September 11 Email: Date The local time and date when the message was written. 2002-03-17 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001376.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-17 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, January 14, 2002 8:38 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 Miami, FL 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 dojN001715.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. Tuesday, December 04, 2001 4:13 PM September 11 Victim Compensation Fund Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice 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. Sincerely, Individual Comment Yellville, AR 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 dojA000356.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 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 Sebastopol, CA 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 dojA004001.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 04, 2001 5:09 PM Comments on Regulations for 9/11 Victim Compensation Fund Mr. Kenneth L. Zwick, Director Office of Management Programs, Civil Division US Department of Justice Dear Sir, I am writing to add to the public comment on your work in deciding the criteria for those who will be benefactors of the "September 11 Victim Compensation Fund". I am very concern that radical elements of this country will attempt to sway these administrative rules to exclude grieving surviving direct or indirect victims of the events of September 11 attacks using a far too limiting set of rules. I would expect that this fund should provide financial support to any surviving victim of this tragedy regardless of sexual orientation. I believe the chief criteria should be that the survivor was engaged in a committed relationship with a victim of the blast and/or relied on the support of a killed victim for their survival. Such a determination should be determinable legally through such attributes as having shared and mutually paid for a common place of residence, shared and were legal owners of a common bank account and/or were related direct dependents such as all adopted children of a blast victim. It would be a total mis-carriage of the mission of the "Civil Division" of the Justice Department should such victim categories not be included for relief from a fund setup by the resources of ALL citizens of the United States! Thank you for your time and attention to this matter. Sincerely, Individual Comment Strongsville, Ohio 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 dojA000384.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. By Facsimile And E-Mail January 22, 2002 Kenneth L. Zwick, Director Office of Management Programs Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue Washington, DC 20530 Re: September 11 Victim Compensation Fund of 2001 Dear Mr. Zwick: The September 11th Victim Compensation Fund ("Fund")1 represents the commitment of all Americans to aid the victims of that terrible day as fully, and as fairly, as possible.2 NOW Legal Defense and Education Fund is a leading national non-profit civil rights organization that performs a broad range of legal and educational services to define and defend women's rights. We are based in lower Manhattan, and our staff has been deeply affected by the attack on our city and our nation that day. We offer these comments in the same spirit of compassion with which the Special Master attempts to help the victims if this tragedy, and with the hope of ensuring that the Fund represents America's most cherished values, including the equality of all persons before the law. Many of the victims of the September 11th attacks were woman, the majority of whom worked full time. Many of these women were also members of racial and ethnic minority groups, as were large numbers of the tragedy's male victims. We are concerned that the Interim Final Rule setting forth federal regulations to implement the Fund may discriminate against and threaten the constitutional rights of the victims of the terrorist attacks, through the Fund's anticipated use of gender - and race-based date to determine compensation.3 This practice, we believe, threatens the constitutional rights of women and minorities, spinning into the future a history of state and private discrimination against these groups. Troublingly, the anticipated use of such gender- and race-based data has not been disclosed by the government in the Rule itself or in any of the explanatory materials provided to potential claimants and the public to date (see infra). This seriously undermines the government's effort to ensure that potential claimants can make "informed decisions regarding whether to file claims with the Fund.4 Further, we believe that the Rule undervalues women victims' contributions to their families and society. Whether or not they are employed full time, women in America perform the lion's share of essential, unpaid services including care-giving and household work. Such work is typically compensated under tort law, yet the Fund's approach fails to capture the Significant value of this labor. The Fund's Anticipated Reliance On Gender- And Race-Based Data To Determine Compensation Threatens The 9-11 Victims' Constitutional Right To Equal Protection. Given the interest all Americans have in ensuring that the compensation process treat victims equally and fairly at every stage, we urge the Special Master not to use gender and race as factors in calculating compensation, whether to estimate victims' worklife and future earning capacity, or for other purposes. As discussed further below, we are extremely concerned that the public and potential claimants do not understand that the Fund may consider the victims' gender and race in establishing awards, and indeed, may have been misled into believing that only factors of age, marital status, past income and number of dependents would be relevant. The stubbornly persistent wage gap between men and women, and between whites and racial and ethnic minorities, 5 derives from a long history of government and private discrimination which has favored male and white workers. In large part due to the commitment of the U.S. government to eradicating discrimination and combating this legacy, 6 women and minorities enter the workforce today with the hope that their careers will not be clouded by past or present biases against them, and that they can pursue every opportunity available to all Americans. Courts have rejected and legal scholars have questioned the use of gender-and race based data to determine damages, because their use is inherently unfair to women and minorities.7 When the government itself chooses to use such data, we must consider not just the unfairness to individuals but the threat of serious constitutional violations.8 Specifically, we believe that the Fund's anticipated reliance on gender-specific and race-specific data not only perpetuates discrimination against women and minorities, but will violate the September 11th victims' equal protection right under the Fifth Ammendment. See U.S. Const amend. V ("No person shall ... be deprived of life, liberty, or property without due process of law.") Victims' rights may also be violated under state constitutional guarantees of equal protection. In the states in which large deprived of life, liberty, or property,. without due process of law,"). Victims' rights may also be violated under state constitutional guarantees of equal protection. In the states in which large numbers of potential claimants reside, separate equal protection guarantees exist; in some cases these are more protective than the federal constitution.9 Some of these states have equal rights amendments, which offer additional constitutional protection against gender-based violations of equal protection.10 Some also have constitutional guarantees of "open access" to the courts: denial of full compensation for injuries on the basis of race or gender may violate these "remedies clauses."11 Classifying victims of the September 11 tragedy by their gender and race for the purpose of determining compensation is an invalid use by the government of suspect classifications that will not withstand constitutional scrutiny. As a threshold matter, the Fund's reliance on gender and race would undoubtedly constitute state action, bringing it within the reach of the Equal Protection Clause. Congress established the Fund "to provide federal money to victims and their families," in return for which the claimants must give up their right to sue airlines and other entities.12 The Department of Justice oversees administration of the Fund, including development of and implementation of procedures to determine claimants' eligibility and compensation.13 All aspects of the Fund's conception and implementation are thus clearly conduct attributable to the federal government and reached by the Equal Protection Clause. Under equal protection analysis, the government must justify its decision to classify the victims and claimants by their gender and race. There has been for decades a strong presumption in American law that gender classifications favoring men or women are invalid. U.S. v. Virginia ("VMI"), 518 U.S. 515, 541-42 (1996); J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994). It is the government's burden to show that its justification for gender classifications is "exceedingly persuasive." VMI, 518 U.S. at 531 (state institution's male-only admissions policy invalidated where government failed to show "exceedingly persuasive justification" for gender-based classification). the gender-based worklife tables are predicated upon data that captures and continues a long history of discrimination against women, often based upon stereotypes about women's abilities and preferences. See, e.g., Miss. Univ. for Women v. Hogan, 458 U.S. 718, 730 (1982) (government's gender-classification reflected and perpetuated stereotypes about the sexes' labor force participation). In using this data, the government will rely on "overbroad generalizations about the different talents, capacities, or preferences of males and females,"14 This will result in many women victims and their survivors receiving lower compensation than identical situated men, and will therefore "perpetuate the legal, social, and economic inferiority of women."15 Title VII, too, has been used to strike down the use of gender-based actuarial data as discriminatory against women.16 Thus the Supreme Court explained in Manhart that "in forbidding employers to discrimination against individuals because of their sex, Congress intended to strike at the entire spectrum if disparate treatment of men and women resulting from sex stereotypes...[federal anti- discrimination law] subjects to scrutiny and eliminates such irrational impediments to job opportunities and enjoyment which have plagued women in the past."17 And in Norris, the Court reiterated that sex-based classification of employees based on actuarial assumptions about longevity violated Title VII as "flatly inconsistent" with the federal law's requirement that "employers... treat their employees as individuals, not 'as simply components of a racial, religious, sexual, or national class.'''18 In this light, it is highly unlikely that any plausible governmental objective in using gender-based information-such as efficiency or accuracy-will be "exceedingly persuasive."19 This is especially so when the Special Master has indicated that one major Fund goal is to treat claimants fairly based on their individual and unique circumstances. Rule, at page 66274 (Fund goal to provide "just and appropriate" compensation "in light of "individual circumstances" analyzed beyond any "theoretically possible future income stream"). Compensating similarly situated claimants differently solely on the basis of their gender ignores the victims' "individual circumstances" in favor of projections of expected future earnings based in part on historic prejudices. This is especially unjust and ironic at a time when the United States' role in advancing the equality of women both here and abroad remains so urgent. The equal protection argument against the Fund's use of race-based tables runs along similar lines, and is arguably even stronger. Under federal constitutional jurisprudence, race is a "suspect classification," reviewed under "strict scrutiny": a test that is very seldom met. See, e.g., Adarand Constructors, Inc. v. Pena, 515 U.S. 200, 235 (1995) (strict scrutiny test applies to determine whether race-based classifications violate equal protection) ("Federal racial classifications...must serve a compelling governmental interest, and must be narrowly tailored to further that interest"). By guaranteeing equal protection to persons of all races and ethnicities, the Constitution recognizes that" [r]acial and ethnic distinctions of any sort are inherently suspect and thus call for the most exacting judicial examination." Regents of Univ. of Cal. v. Bakke, 438 U.S. 265, 291 (1978) (opinion of Powell,J.). See also Hirabayashi v. United States, 320 U.S. 81, 100 (1943) ("distinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality."). The Supreme Court makes little allowance even for "benign" racial classifications which are designed to remedy past discrimination, see Adarand, 515 U.S. at 227; City of Richmond v. J.A. Croson Co., 488 U.S. 469 (1989) (minority set asides invalid under strict scrutiny because city failed to show narrowly tailored fit between compelling government interest and program). Far from being benign, the use of race-based data will penalize victims of September 11 and perpetuate a history of government-sponsored and private bias against racial minorities. Moreover, in an increasingly racially and ethnically diverse society, efforts at categorizing the thousands of victims accurately and fairly on the basis of perceived racial and ethnic group membership is likely to be both inaccurate and unmanageably complex.20 The Fund may suggest that its objectives in using race-based tables are greater efficiency or accuracy. However, this is not likely to be a "compelling" governmental objective supporting racial classifications where the task of ascribing racial and ethnic identities to the victims is likely to be complex and inaccurate. In any case, the goal of efficiency and accuracy can be well-met by the Fund's consideration of non-suspect classifications, such as age, income history, and marital status, which experts have long relied upon to assess projected future earnings. The Special Master's hearings will give the government amply opportunity to consider claimants' "individual circumstances" and award fair compensation without resorting to gross, overbroad generalizations about race which seem likely to violate the constitutional guarantee of equal protection. The Fund Has Misled The Victims And The Public About Its Planned Reliance On Gender And Race. the Special Master's Office has, under questioning from attorneys, journalists, and experts in the field of tort compensation, acknowledged that claims may be assessed based in part on the gender and race of the victim.21 Unfortunately, the government had not been candid about this possibility with potential claimants, or the American people. We are not aware of any part Rule or other materials made available in which the Special Master or Department of Justice acknowledged that the government anticipates using the victims' gender and race to determine compensation.22 to the contrary, the Rule and other information have been quite misleading on this point. For example, the Rule states that the methodology will be based on the claimants' "readily identifiable" traits, and names among these the claimants' "age, prior income levels, marital status, and the number and ages of the victim's dependents."23 No mention is made of gender or race. Similarly, the Presumed loss Calculation Tables Before any Collateral Offsets Chart ("Chart"), which potential claimants are invited to consult to estimate their compensation, appears to aggregate gender-based and race-based information.24 Persons consulting the Chart will find the same list of relevant "traits" mentioned in the Rule: age, marital status, income and number of children of the victim, but the Chart's prefatory language strongly ---and misleadingly-- implies that women and men will be treated alike, by stating that the calculation of compensation "assumes that each person would have worked a number of years equal to the average expected worklife across the nation for males and females of the same age as the victim." See Chart, page 2. 25 Because of the lack of clarity and condor from the government on this important issue, we are concerned that potential claimants remain unaware that the gender and race of the September 11 victims threatens to reduce the compensation available for women and members of racial minorities and violate their constitutional rights. The Fund Will Discriminate Against Women Victims In its Valuation Of Unpaid Services. According to the Rule, presumed economic loss for victims does not take into consideration the true economic value of household services performed by the victims of the September 11th tragedy. The unpaid household services at stake may include such tasks as housecleaning, cooking, car-pooling and lawn-mowing; compensation for unpaid services must include care-giving, such as assisting children with school work or helping an older relative, as well. The Rule compensates claimants with a lump sum for non-economic components of "replacement services loss."26 As it relates to the valuation of economic losses, however, the Rule only compensates replacement services for those victims who had no prior earnings or worked only part time outside the home.27 Yet full time workers, too, perform valuable household services, and failure to fully compensate those services will fall hardest on women victims and their survivors, because working women typically perform a greater amount of these services than men. It is accepted practice for courts in New York and beyond to compensate victims, including those who work full-time, for the value of replacement services for their household work.28 Moreover, Congress contemplated economic losses to be construed by the Fund with reference to state law.29 In New York State wrongful death actions, for example, plaintiffs may recover all "fair and just compensation for the pecuniary injuries resulting from the decedent's death."30 New York courts have interpreted "pecuniary injuries"--or economic losses-- to include the loss of household services, and have not carved out as exception for full time workers.31 The federal courts have also recognized that the loss of a working woman's household services are recoverable, economic losses.32 While under-compensating all full time workers, we are especially concerned that the Rule's calculations will have a disproportionately negative impact on women victims, because women continue to perform more household services than men, though each case must be viewed individually. Thus, one study has shown that married women working full time with children under the age of 18 perform approximately 35.6 hours of household services per week, as compared to 26.9 hours performed by men. 33 Therefore, women victims and their survivors are likely to be disproportionately harmed by the Rule's treatment of economic losses. By ignoring the extent and worth of unpaid, household services performed by victims who worked full time when calculating economic losses, the Fund fails to capture value of these "second shift" contributions.34 Conclusion We appreciate the enormity of the task facing the Special Master, especially as emotions about the process run high. The terrorist attacks on September 11th were not simply "torts" and the September 11 Victim Compensation Fund is not merely a fund to compensate victims of the tragedy. Even in this climate of pitched emotions, basic principles of fairness - some of which are constitutional in scope - must be honored in administering the Fund. Ignoring these principles threatens the rights of women and minorities, and perpetuates the long history of government and private discrimination against these groups. Sincerely yours, Comment By: NOW Legal Defense and Education Fund NEW YORK, NY 1 Created pursuant to Title IV of the Air Transportation Safety and System Stabilization Act, 49 U.S.C. § 40101 (2001). 2 See September 11th Victim Compensation Fund of 2001; 66 Fed. Reg. 66,273, at 66,274 (Dec. 21,2001) (to be codified at 28 C.F.R. pt. 104) (Rule") 3 See e.g., Stephanic Saul, Less for Women? Work Life Statistics May Limit Sept. 11 Fund Payouts to Victims, Newsday, Jan. 4, 2002 (Fund plans to use gender-based worklife statistics). We understand that the Fund plans to use statistics identical to or based in part or whole upon data presented in the Bureau of Labor Statistics' Worklife Estimates: Effects of Race and Education (bulletin 2254) (Feb. 1986) (gender-and race-based estimates of working life and labor force behavior, derived from data through 1979-80) (available at http://www.bls.gov/cps/cpsb2254.pdf). Communication with Kurt V. Krueger, Senior Economist, John O. Ward & Assoc., Inc. (Jan. 17, 2002). 4 Rule, at 66275 5 See U.S. Department of Labor, Chapter 2, Futurework: Trends and Challenges for Work in the 21st Century (1999) (available at http://www.dol.gov/asp/futurework/report.htm) (last visited January 17, 2002) (analyzing wage gap between women and men and between white men and minority men; finding that over 40 percent of the pay gap between men and women is generally "interpreted as discrimination'; a "glass ceiling" blocks advancement of both minority men and women). 6 Among these are federal anti-discrimination measures such as the Equal Pay Act of 1963, which amends the Fair Labor Standards Act, Title VII of the 1964 Civil Rights Act, and Executive Order 11246. 7 See, e.g., Wheeler Tarpeh-Doe v. United States, 771 F. Supp. 427, 457 (D.D.C. 1991), rev'd on other grounds, 28 F.3d 120 (D.C. Cir. 1994) ("[I]t would be inappropriate to incorporate current discrimination resulting in wage differences between the sexes or races or the potential for any future such discrimination into a calculation for damages resulting from lost wages."); Martha Chamallas, The Architecture of Bias: Deep Structures in Tort law, 146 U. Pa. L. Rev. 463 (1998) (devaluation of female and minority lives in tort compensation); Note and Comment: Toward Gender-Neutral Data For Adjudicating Lost Future Earning Damages: An Evidentiary Perspective, 72 Chi-Kent, L. Rev. 299 (1996); Martha Chamallas, Questioning the Use of Race-Specific and Gender-Specific Economic Data in Tori Litigation: A Constitutional Argument, 63 Fordham L. Rev. 73 (1994). 8 See generally on the constitutional problems with use of gender-and race-based data to calculate damages Chamallas, Questioning the Use of Race-Specific and Gender-Specific Economic Data in Tort Litigation, supra note 7. 9 see, e.g., Aliessa v. Novello, 96 N.Y.2d 418, 754 N.E.2d 1085 (N.Y.2001) (state statute denying permanent resident legal aliens Medicaid benefits unconstitutional in violation of federal and New York state equal protection clauses); Tomarchio v. Twnshp. of Greenwich, 379 A.2d 848, 851 (N.J. 1977) (under state equal protection analysis, gender-based classifications found suspect when state required proof of dependency requirements of widowers, not widows); Planned Parenthood v. Farmer, 165 N.J. 609, 630 (2000) (state equal protection analysis adopted differing from federal analysis and leading to broader protection of fundamental rights). 10 Connecticut, for example, has adopted an ERA and applies strict scrutiny to state-based equal protection claims. See Conn. Const. art. I, § 20; Page v. Welfare Comm'r, 365 A.2d 1118, 1122 (Conn. 1976) (strict scrutiny applied to administrative, gender-based classification distinguishing between husbands and wives in computing duty to support parents). 11 See Chamallas, Questioning the Use of Race-Specific and Gender-Specific Economic Data in tort Litigation, supra note 7, at 104 n.218 (discussing additional state constitutional bases for challenging gender- and race- based tables in tort cases); see also, e.g., CONN, CONST. Art 1, § 10 ("All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, and right and justice administered...."). 12 See September 11 Victim Compensation Fund of 2001, 49 U.S.C. § 40101 (2001), at tit, 4, § 403 (purpose of Fund). 13 See id. at tit. 4, § 404 (administration of Fund). 14 VMI, 518 U.S. at 533. 15 ID., 518 U.S. at 534. 16 Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq., provides that "it shall be an unlawful employment practice... to discriminate against any individual... because of...sex." 42 U.S.C. § 2000e-2(a)(1). See Los Angeles Dept. of Water and Power v. Manhart, 435 U.S. 702, 707 n, 13 (1978) (internal citation omitted); id. at 708-709 (holding that a pension plan requirement that men and women make unequal contributions to the plan, for the asserted reason that women live longer than male as a class, violated Title VII, and rejecting employer's argument that requiring female employees to make larger pension contributions than male employees is not discriminatory because, "unless women as a class are assessed an extra charge, they will be subsidized, to some extent, by the class of male employees"). 17 See Manhart, 435 U.S. 702, 707 n.13 (1978) (internal citation omitted). 18 See Arizona Governing Comm'ee v. Norris, 463 U.S. 1073, 1081 (1983) (quoting Manhart, 435 U.S. at 708). 19 VMI, 518 U.S. at 531. 20 See generally U.S. Census Bureau, Overview of Race and Hispanic Origin (2000), available at htt://www.census.gov/prod/2001pubs/c2kbr01-1.pdf) (discussing complexity of making accurate classifications of race and ethnicity in the United States). 21 See Saul, Less for Women? Work Life Statistics May Limit Sept. 11 Fund Payouts to Victims, supra note 3, quoting Michael Rozen, deputy Special Master: "When we are presented with the individual facts, we will certainly take into account differing worklife expectancies between men and women." The Newsday article noted that dr. John Ward, among other economists, had raised question of whether gender-based worklife data would be used, and fact that Fund had not released gender-based tables to outline how compensation process would work. Id. 22 On January 22, 2002, a document titled, "Victim Compensation Fund, Frequently Asked Questions, Volume I, Updated January 22, 2002" was posted on the Fund's website at http://www.usdoj.gov/victimcompensation/adv_bene_faq.pdf. This document appears to reference the anticipated use of gender, at page 8, in a chart indicating worklife for men and women. There is no discussion in this document of which we are aware about any intended use of race or ethnicity. Given that the Chart and other materials have made no reference to either gender or race, we remain concerned that the victims and the public are not fully informed about how- -and more importantly, why--the gender and race of the victims will be used to determine Fund compensation. 23 Rule, at page 66278. 24 The chart and accompanying pages of explanatory text arc available at http://www.usdoj.gov/victimcompensation//loss_calc.html (last visited January 17, 2002). 25 In addition the Department of Justice's website refers the public and potential Fund claimants to a website run by a volunteer legal organization, Trial Lawyers Care, Inc, ("TLC"). TLC'S WEBSITE Also makes no mention of the fact that claimants may be divided by gender and race/ethnicity. TLC informs the public that "The Special Master calculates presumed economic and noneconomic losses based on each claimant's circumstances: including factors of age, prior income levels, marital status, and the number and ages of the victim's dependents." See Trial Lawyers Care, Inc., "FAQ," available at http://www.911lawhelp.org/info/faq.htm (information provided in answer to question, "Before I apply for compensation from the Fund, I'd like to get an idea of what I might receive. Is there any information on this?") (last visited January 16,2002). TLC submitted it's own comments and concerns about the Rule; these are available at http://911lawhelp.org/info/news/dec20.htm (last visited January 22, 2002). 26 Rule, at pages 66,287 (compensation for noneconomic losses, including replacement services). 27 Rule, at page 66,286 (compensation for economic losses, including replacement services). 28 See, e.g., Cramer v. Kuhns, 213 A.D. 2d 131, 139 (N.Y. 1995) ("We have long considered an injured plaintiff's loss of household services to be a quantitative economic loss separate and apart from pain and suffering.") ; DeLong v. Cry. of Erir, 89 A.D. 2d 376 (N.Y. 1982), aff'd 60 N.Y.2d 296 (1983) ("It has long been recognized that pecuniary advantage results as well from parental nurture and care, from physical, moral and intellectual training, and that the loss of those benefits may be considered within the calculation of "pecuniary injury") (citations omitted). 29 See September 11 Victim Compensation Fund of 2001, 49 U.S.C. § 40101 (2001), AT TIT. 4 § 402(5) (Definition Of "Economic Loss") 30 N.Y. Est. POWERS & TRUSTS LAW § 5-4.3(a) (McKinney 2001) 31 See, e.g., Shue v. Red Creek Central Sch. Dist., 266 A.D. 2d 899 (N.Y. 1999) (damages awarded for loss of decedent's earnings, household services and parental guidance). 32 See, e.g., Winbourne v. Eastern Airlines, 758 F.2d 1016 (5th Cir. 1984) (decedent wife's household services and salary as teacher together comprised economic losses). 33 See John Ward Economics, John Ward Economics Time-use Analysis (unpublished manuscript, on file at NOW Legal Defense). 34 See generally Arlie Hochschild, The Second Shift: Working Parents and the Revolution at Home (1989) (working women's unpaid household services and caregiving). September 11 Email: Date The local time and date when the message was written. 2002-01-22 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 dojN002578.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. 2002-01-22