604 20 70359 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, March 20, 2002 2:20 PM Obviously, you come from the same mentality as did Hitler.......I also sent a donation to aid all the families who lost a loved one in the horrific 911 tragedy...I did not specify by sexual preference which families should receive my monetary help. Please revisit this "living in the small box" and step into reality....save the rhetoric....actions speak louder than words.....do the right thing by all who are suffering. This is truly not the American way. Sincerely with much disappointment, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR002375.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. 2002-03-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. 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 reponse 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 relationship 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 spouses) 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 mortage 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 maried to H, she is unable to inherit form 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 Surogate's Court. Since the Surogate's Court is primarily concerned with the perservation 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 assests 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 insurnance 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 form 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 form the Crime Victims Compensation Board. In so doing, the Governor stated: "[a] person shall be eligible for awards upon a showing of unilateral dependence or mutual interdependence upon such victims, 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 need of common law spouses such as W. Sincerely, Individual Comment New York, NY September 11 Email: Date The local time and date when the message was written. 2001-12-18 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 dojA005484.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. 2001-12-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, March 18, 2002 10:39 PM benefits to gay and lesbians I would hope that all gay and lesbian partners of september 11 attack, or the fallen heroes are eligible for compensation. I would never vote for anyone who thinks differently. 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 dojR001825.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. Thursday, January 10, 2002 1:40 PM Baumeister & Samuels VCF Comments Attachment 1: January 10, 2002 VIA ELECTRONIC MAIL AND FEDERAL EXPRESS Mr. Kenneth L. Zwick Director, Office of Management Programs Civil Division United States Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530-0001 Re: September 11th Victim Compensation Fund of 2001 Dear Mr. Zwick: The following are our comments with respect to the regulations promulgated by the Department of Justice on December 20, 2001 concerning the administration of the September 11th Victim Compensation Fund of 2001 (the "Fund"). As will be demonstrated herein, the regulations, as presently written, are in direct contradiction and violation of the statute. The statute required that claimants receive compensation for economic and non-economic losses as specifically delineated in the statute. Simply put, the regulations are a betrayal to the families who have suffered enormously as a result of the tragic events of September 11th and they must be rewritten to conform to the statute. In addition, some of our comments are preliminary as we have requested in writing additional information from Kenneth R. Feinberg, Esq., Special Master to the Fund, concerning the formula and criteria used to calculate economic loss under the presumptive award guidelines. We have also requested that he provide us with the factors that were considered in determining the presumptive awards for non-economic loss. To date, we have not received a response to our inquiries. See letters dated December 27, 2001, January 4, 2002 and January 8, 2002 collectively attached as Exhibit "A". As will be set forth below, the regulations are in direct contradiction to the statute which created the Fund. Accordingly, they must be rewritten so as to promote the purpose and intent of the statute, which is to provide compensation for the economic and non-economic losses suffered by each claimant based upon the individual facts and circumstances of each claim. As currently written, the regulations group together different cases and award like amounts based simply upon minimal demographic information, i.e., age, earnings, marital status and number of dependents. The pre-determined and presumptive awards, by definition. do not account for the individual facts of each claim and, therefore, this approach must be discarded in favor of a process that will allow awards to be based upon the actual damages of the claimant without any pre-determined limits or caps. This approach is precisely what the statute calls for; the statute does not allow the Department of Justice and/or the Special Master to limit or cap awards. As such, the present regulations are contrary to the law. See Act, at 405 (b). The Act specifically defines the recoverable elements of economic and non-economic loss. Under the Act, economic loss is defined as: ANY PECUNIARY LOSS RESULTING FROM THE HARM; including, LOSS OF EARNINGS; or OTHER BENEFITS RELATING TO EMPLOYMENT; MEDICAL EXPENSE LOSS; LOSS DUE TO DEATH; BURIAL COSTS; and LOSS OF BUSINESS OR EMPLOYMENT OPPORTUNITIES; to the extent that the foregoing losses are allowed under applicable State law. See Act, at 402 (5). Nothing whatsoever in the Act allows the determination of economic loss to be limited to a pre-determined or presumptive amount. Moreover, no potentially applicable state law allows for the calculation of economic loss to be based upon pre-determined, presumptive or "capped" income. Rather, the calculation of economic losses must be based upon the decedent's actual economic circumstances. Id. ECONOMIC LOSS As set forth above, the Act requires the Special Master to calculate the extent of the economic harm suffered by the claimant. Id. The parameters for economic harm are contained within the statute itself and leave no discretion to the Department of Justice and/or the Special Master to limit same in any fashion. See Act, at 402 (5). Had Congress intended to impose a limit on economic loss, it would have simply said so in the Act. The regulations which address the calculation of economic loss violate the express terms of the Act in a number of respects. First, the regulations state that for purposes of the Special Master's analysis in determining economic loss, the maximum amount of yearly income that will be recognized for computation of an award are earnings up to but not beyond the 98th percentile of individual income in the United States for the year 2000 or $231,000.00. See 28 CFR 104.43. This limitation or "cap" on earnings has no support or justification within the Act. The statute does not permit economic losses to be limited in the manner prescribed in the regulations and, as such, the regulations contradict the statute. Moreover, the Department of Justice and/or the Special Master do not cite any authority from the statute to allow a limitation of annual earnings to this arbitrary and pre-determined figure, nor do they cite to any state statute which permits an economic analysis to be limited in the manner set forth in the regulations. Accordingly, the regulations must be rewritten to allow for the recovery of full economic loss based upon the actual earnings of the decedent. Contrary to the statement published by the Special Master, the determination of economic loss based upon actual earnings is not a theoretical analysis based upon mere speculation. Rather, it is an analysis done in courtrooms every day across this country and it is what is required when evaluating economic loss. Second, the regulations set forth pre-determined and presumptive awards for economic loss, but fail to set forth the manner in which the economic loss was calculated. For example, the regulations attempt to establish pre-determined awards based upon income, age, marital status and dependents. The economic loss calculations are purportedly based upon a number of economic criteria including gross earnings, retirement age, tax rate, reduction of the award to present value using an unknown discount rate, as well as a reduction of the award based upon the personal consumption of the decedent, yet no consumption rate is contained within the regulations. Also, the regulations are silent as to the manner in which each of the foregoing criteria were utilized in the calculation of the pre-determined and presumptive awards for economic losses. As previously indicated, my office has sent a number of letters to the Special Master requesting the precise manner in which a claimant's economic losses were calculated, including the formula and factors considered in this analysis. Regrettably, the Special Master has not yet responded to our inquiries and, as such, it is impossible to comment on the manner in which these figures were calculated. When, and if, we receive the requested information, we will provide additional comment. Moreover, the Act requires that the analysis for economic losses be determined by the individual circumstances of the claimant. The publication of pre-determined and presumptive guidelines, by definition, do not take into account the individual circumstances of a claimant. The career path of a particular claimant, average wage increases within that claimant's industry, average wage increases given by the claimant's employer, individual consumption rates, individual habits of savings, and the value of household services contributed by the decedent are all essential elements of any analysis. The generalized grouping together of cases based upon minimal demographic criteria is contrary to the statute. As a result, the pre-determined presumptive awards for economic losses must be eliminated and the regulations rewritten to permit economic losses to be calculated in each individual case based upon the facts of the claim. Third, the factors utilized by the Department of Justice and/or the Special Master take into account only "certain employer benefits (such as premiums for medical coverage paid by the employer)". See Presumed Economic and Non-Economic Loss Tables, II (A) at Step One, 28 CFR 104. The regulations with respect to the calculation of economic loss apparently omit other elements of significant employee compensation such as pension benefits paid by the employer, contributions by the employer to retirement programs, stock option grants, etc. Contrary to the statute, the Department of Justice and/or the Special Master have simply omitted these significant elements of employee compensation from their pre-determined and presumptive calculation of economic loss. Therefore, the regulations must be rewritten so that economic losses include these significant elements of compensation. NON-ECONOMIC LOSS The Act defines the elements of non-economic loss as follows: LOSSES FOR PHYSICAL AND EMOTIONAL PAIN; SUFFERING; INCONVENIENCE; PHYSICAL IMPAIRMENT; MENTAL ANGUISH; DISFIGUREMENT; LOSS OF ENJOYMENT OF LIFE; LOSS OF SOCIETY AND COMPANIONSHIP; LOSS OF CONSORTIUM (not domestic services); HEDONIC DAMAGES; INJURY TO REPUTATION, and ALL OTHER NON-PECUNIARY LOSSES OF ANY KIND OR NATURE. See Act, at 402 (7). As with economic losses, the Act does not limit or cap the recovery of non-economic losses to a pre-determined or presumptive amount. Instead, the Act requires that the award for such losses shall be based upon the individual circumstances of the claimant, the facts of the claim and the harm to the claimant. See Act, at 405 (b). As set forth above, pursuant to the terms of the Act, the Special Master is required to make an award for all elements of non-economic losses. Nothing in the statute allows the Special Master to place a pre-determined amount upon any of these statutorily prescribed elements of recovery. Contrary to the express language of the statute, however, the regulations impose a pre- determined, presumptive and arbitrary value upon non-economic losses, i.e., $250,000 for the pre-death pain and suffering of the decedent, and the spouse and dependents of the decedent shall each receive the total sum of $50,000 in compensation for their above described losses. See 28 CFR 104.44. This approach to the valuation of non-economic losses, however, is nothing more than an arbitrary and capricious determination of the value of non-economic losses suffered by each family. Moreover, these arbitrary valuations have been decided upon without the Special Master hearing any evidence whatsoever with respect to a particular claim. The statute sets forth various components of non-economic loss as well as allow recovery for all aspects of non-pecuniary loss of any kind whatsoever. Congress did not limit the non- economic recovery as is contained in the regulations. Rather, with respect to the determination of compensation, Congress specifically mandated that the Special Master "shall review a claim . . and determine . . the extent of the harm to the claimant, including any economic and noneconomic losses". See Act, at 405 (b)(emphasis added). Accordingly, the regulations must be rewritten to allow for non-economic losses to be based upon the individual circumstances of each claim. The regulations' reliance upon pre- determined awards for this aspect of recovery must be eliminated and the Special Master and/or an impartial hearing officer must be required to make awards based upon the specific facts of the claim. BURDEN OF PROOF As set forth in detail above, the regulations must be rewritten and the pre-determined presumptive award guidelines eliminated in favor of a system which is mandated by the statute, i.e., a determination based upon the individual facts and circumstances of each claim. As written, the regulations require that for the claimant to be successful in obtaining an award in excess of the pre-determined presumptive guidelines, he or she must demonstrate "extraordinary circumstances not adequately addressed by the presumptive award methodology." See 28 CFR 104.31(b)(2) and 28 CFR 104.33(f)(2)(emphasis added). Simply put, placing this burden upon the claimant is an utter abuse of discretion. There is no justification for this action contained in the Act and the Department of Justice's and/or the Special Master's reliance upon a claimant's showing of "extraordinary circumstances" is contrary to the direct mandate of the legislation. Moreover, the Department of Justice and/or the Special Master do not cite any statutory authority for their determination that a showing of extraordinary circumstances is necessary to obtain an award in excess of the arbitrarily pre-determined and presumptive award guidelines. Rather, they have determined that in their view, "absent extraordinary circumstances, awards in excess of $3,000,000 Dollars will rarely be appropriate in light of individual needs and resources." See 28 CFR 104, at Statement by the Special Master (emphasis added). Contrary to the express language and mandate of the statute, the Department of Justice and the Special Master have exceeded the breadth and scope of their authority and have pre- determined that no award, prior to collateral offset, should exceed $3,000,000. This limitation has no support other than the subjective, arbitrary and capricious determination of the Department of Justice and/or the Special Master. Had Congress intended for awards not to exceed a certain sum, it simply would have said so in the Act. Moreover, nowhere in the Act does Congress state that awards should be based upon any limiting factor. Rather, the statute requires that the recovery reflect the economic and non-economic harm suffered by the claimant. Accordingly, the requirement of "extraordinary circumstances" must be stricken from the regulations. PROCESSING OF CLAIMS The regulations propose two separate tracks in which to process claims. See 28 CFR 104.31. We propose that when rewritten, the regulations add an additional track identified as "Track C". Under Track C, claimants will have the ability to submit their individual information to an independent and non-political evaluator who will conduct a hearing and issue an advisory award concerning the claim. Under this scenario, the claimant will not waive any right whatsoever upon submission of the claim under Track C. This procedure conforms to the statute in that under Track C claims, the claimant will not receive an actual award, but, rather, he or she will receive an advisory opinion as to the valuation of the claim. With respect to the hearing officers utilized to process claims under Track C, we propose that they be retired judges who are well experienced in evaluating claims of this nature. My office contacted &nbsp&nbsp&nbsp&nbsp , Vice President of &nbsp&nbsp&nbsp&nbsp , located at &nbsp&nbsp&nbsp&nbsp . &nbsp&nbsp&nbsp&nbsp advised that &nbsp&nbsp&nbsp&nbsp will make available at least 100 retired judges to evaluate claims under "Track C". She further advised that &nbsp&nbsp&nbsp&nbsp would reduce their rates in light of the unique and tragic circumstances surrounding this matter. Budgetary constraints are not an issue with respect to the hiring of hearing officers as the statute specifically mandates that the Special Master has the authority to hire and employ these types of hearing officers. See Act, at 404 and 406. After the issuance of an advisory award under Track C, the claimant and the Special Master shall have ten (10) days from the date of the award to accept, reject or negotiate same. If the advisory award is accepted by both the Special Master and the claimant, the advisory award will be deemed the final award as if a claim had been submitted to the Fund. In accordance with the statute, the claimant shall then receive payment within twenty days of the award's acceptance. Should either party reject the award, the claimant shall have the ability to either file a civil lawsuit seeking damages or submit a claim under Tracks A or B. HEARING The Act states, inter alia, that each claimant shall have the right to present evidence, including the presentation of witnesses and documents, in order to establish a claim under the Fund. Act, at 405(b)(4). The statute does not limit the hearing in any manner whatsoever. Contrary to the mandate of the statute, the Department of Justice and the Special Master have pre-determined that the length of the hearing shall be limited in length generally not to exceed two hours. See 14 CFR 104.33. This pre-determined hearing limit of two hours is in contravention to the express language and mandate of the statute in that this limited time will not provide the claimant with his or her due process right to present evidence as set forth in the Act. See Act, at 405 (b) (4). The ability to present evidence and testimony at a hearing becomes even more critical in light of the Department of Justice's and/or the Special Master's requirement that a claimant establish "extraordinary circumstances" to justify a higher recovery than set forth in the presumptive guidelines. Given the tremendous burden imposed upon the claimant, it will be necessary to present as much testimony and evidence as possible in order to establish "extraordinary circumstances" to justify a recovery that differs from the presumptive guidelines. This arbitrary time limit imposed by the Department of Justice and/or the Special Master is nothing more than an attempt to curtail the claimant's ability to present such evidence and, therefore, will have the effect of limiting awards under the Fund. Had Congress intended for the hearing to be limited to a specific time, it would have set forth this time period in the Act. Moreover, the effect of this arbitrary limitation on the length of the hearing is contrary to the intent and purpose of the statute which is to provide recovery for the economic and non-economic losses suffered by the claimant. Accordingly, the two hour time limit must be discarded and the claimant be allowed as much time as necessary to present the claim. RECORD OF HEARING In all likelihood, the hearing will be conducted by a hearing officer instead of the Special Master. As such, the hearing should be recorded and the hearing officer should be required to make a written determination of the award, including identifying and detailing the information relied upon by the hearing officer in making his or her determination. If the claimant feels that the award is inappropriate for any reason whatsoever, the claimant should then have a right to file an appeal with the Special Master and the Special Master shall then be required to review the award as well as the facts considered by the hearing officer in making the award. In this fashion, since the hearing will be recorded, a claimant who chooses to appeal such a determination to the Special Master will have a basis to do so. The regulations also state that the Special Master has the right to publish some or all of the awards. See 28 CFR 104.34. The regulations must require that each award along with the specific demographics of the decedent, i.e., age, marital status, number of children and dependents, earnings, occupation, etc., be published to insure that all claimants are being treated fairly and that no "side deals" are agreed to between parties. DISTRIBUTION OF AWARD The regulations require that the Personal Representative distribute the award consistent with the law of the decedent's domicile. Notwithstanding this provision, the Special Master has the right to require the Personal Representative to distribute the award pursuant to his directive if he determines that the proposed plan for distribution does not adequately compensate the spouse, children and/or other relatives. See 28 CFR 104.52. The statute, however, was intended to compensate relatives of a deceased individual. See Act, at 403. Since the Fund was created to provide compensation to the relatives of a decedent, the Special Master should identify in his award the specific awards for each individual eligible to share in the recovery. In this way, the Personal Representative will not have the ability and/or authority to distribute the award. Rather, the Special Master shall compensate each individual deemed eligible for the specific economic and non-economic losses that each has suffered. Certainly, each individual relative eligible to share in the award suffered different economic and non-economic damages as a result of the decedent's death. Since the Fund was established to compensate these individuals, this decision should be left to the Special Master as to the damages that each eligible individual suffered based upon the facts and circumstances of the claim. ADDITIONAL MATTERS The regulations define dependency as the spouse of the decedent and/or someone who was claimed as a dependent upon the deceased individual's 2000 federal tax return, and any child born after January 1, 2001, as well as any individual who became a legal dependent of the decedent after January 1, 2001. We believe, however, that the term dependency should not be limited to those individuals identified on the tax return, but rather, should include anyone who was financially or emotionally dependent upon the decedent. With respect to collateral sources, although the regulations state that charitable donations shall not be considered collateral sources, Special Master Feinberg has the discretion to deem private charitable payments as collateral source offsets and as such, deductions from the award. See 28 CFR 104.47 (b) (2). The regulations must specifically state that all charitable payments of any kind whatsoever are not to be deemed collateral source offsets. Special Master Feinberg should not be given the discretion to determine what is in fact a charitable contribution. It is generally accepted that "collateral source" refers to contractual payments made to a claimant which compensate for economic losses. The regulations should make it clear that there shall be no collateral source deduction for payments made to victims and/or their families outside of a contractual agreement, including, private gifts to the victim and/or surviving family members. Lastly, under the compensation plan envisioned by the Department of Justice and/or the Special Master, it is possible for claimants who submit claims under the Fund to receive absolutely nothing. This result is more than likely for those claimants whose loved ones had the forethought to obtain life insurance policies and who have received other significant collateral source payments. The regulations should specifically set forth a minimum payment that each claimant will receive from the Fund regardless of the collateral source offsets. Certainly, the Act intended to compensate each claimant who files a claim under the Fund. Accordingly, the Act's essential purpose would not be met if a claimant was entitled to receive nothing from the Fund. Establishing a minimum award would be in the best interests of all claimants and would provide each claimant with the security of some type of recovery from the Fund. As aforementioned, it is our intention to submit additional comments once we receive responses to our repeated inquiries to the Special Master concerning the calculation of economic and non-economic losses. Very truly yours, Individual Comment New York, NY MFB:cm Enclosures September 11 Email: Date The local time and date when the message was written. 2002-01-10 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 dojN002505.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. 2002-01-10 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Thursday, December 20, 2001 5:20 PM Subject: equal December 20, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment New Holland, Pa September 11 Email: Date The local time and date when the message was written. 2001-12-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000047.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 14, 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 Portland, OR September 11 Email: Date The local time and date when the message was written. 2001-12-14 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 dojA004592.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. 2001-12-14 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. 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 Hollister,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 dojA004856.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. Wednesday, December 19, 2001 7:45 AM create equal access 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 Washington, DC 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 dojA002690.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. Friday, December 21, 2001 8:35 PM What the hell are you doing-this is ludicrous!!!!!!!!!Insane!!!!!!!! I totally diasgree with why you are in business. That is my money you are giving away!! We, the citizens, gave our monies to organizations met to do that job. SIX BILLION DOLLARS mY gOD--THAT MONEY COULD BE SPENT BUILDING BRIDGES, PROVIDING SHELTER TO THE homeless, HIRE NEW PROFESSORS WHO WOULD TEACH NON-LIBERAL SOCIALISTIC COURSES. THIS IS NOT A WAR ON TERRIOISM-IT IS A WAR ON SANITY AND A LOSS OF OUR FREEDOMS. YOU DO NOT HAVE MY APPROVAL TO GIVE THSE INDIVIDUALS 1.6 BILLION DOLLARS. NO NO YOU DO NOT. 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 dojN000515.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, March 19, 2002 1:03 PM Discrimination Dear Mr. Zwick, It is absolutely pathetic that the 9/11 Victim's Compensation Fund slaps Gays and Lesbians in the face with such overt vengeance. It is horrific that people lost their loved ones on 9/11 but then to have your government overtly discriminate against you based on your relationship is just as horrifying. Gays and Lesbians contributed to all the 9/11 Funds just like so many other people. Our taxes support not only this fund but all the other innumerable government programs out there. It is is reprehensible not to give us a fair shake by allowing Gay and Lesbian surviving partners to receive these funds. By relying on State law, this department knew that the pool of those eligible to receive benefits would be less than 1/10 of 1%, if that. Yet the government was willing to overlook Federal immigration law by allowing survivors of illegal aliens AND their employers off the hook, looking the other way so that undocumented workers would be eligible to receive funds. I think anyone who was in a committed relationship with someone that died that day should be eligible for the fund, regardless of their work status in this country or their sexual orientation. But as an American, I would think other Gay and Lesbian Americans would be given the same consideration as foreign nationals. I guess I shouldn't be surprised that this happened coming from Ashcroft's DOJ. His level of hypocrisy is unparalleled. I would urge your department to review and amend this discriminatory ruling. Sincerely, Individual Comment Denver, CO 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 dojR002189.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. Monday, March 18, 2002 4:32 PM Equal Treatment I am outraged that gay and lesbian partners of those who died on September 11 are not automatically going to receive the same benefits as heterosexual spouses. I urge you to take action by stopping this un-American behavior. Please ensure that gay and lesbian partners receive the same benefits as heterosexual spouses. I would appreciate a response to my email in an effort to ensure that steps are being taken address this inequality of treatment. The events of September 11 have show us that all Americans are equal. Regardless of whether they are African-Americans, Italian-Americans or Gay-Americans. Please keep this nation strong, not divided! Thank you, 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 dojR002024.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. Sunday, March 17, 2002 3:58 PM 911 Fund to discriminate against Gays and Lesbians Ken Feinberg: You and Mr. Ashcroft have willingly and knowingly sealed the fate against Gay and Lesbian eligibility for compensation. Thus, Gay and Lesbian people have gone from second class citizens to below the rights granted non-citizens, the most disgraceful example of supporting discrimination and bigotry against U.S. American citizens. Shame on you. How can you sleep at night? Individual Comment Seattle, WA. 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 dojR001665.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. December 23, 2001 Dear Sir: I am writing this letter to ask the Justice Department to include among relatives eligible for compensation from the September 11 Victim Compensation Fund those who lost their life partners as well as de facto parents or children, without regard to sexual orientation or marital status. I ask the U.S.Government to follow the example already set by New York Governor Pataki in granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victims living expenses day-to-day activities and the emotional bonds of family deserves help in this time of need." I am an American citizen and a member of this nation's Gay, Lesbian, Bisexual, Transgendered, and Questioning community. Thank You. Sincerely Individual Comment Richland, WA 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 dojA005486.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. Thursday, December 20, 2001 11:24 AM gaylesbian911 December 20, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Los Angeles, CA September 11 Email: Date The local time and date when the message was written. 2001-12-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA004255.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 4:23 PM Equal Benefits for all 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 Sutter, CA 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 dojA003530.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, January 15, 2002 10:53 PM Comments to the Interim Final Rule Kenneth L. Zwick Director, Office of Management Programs Civil Division U.S. Department of Justice Main Building Room 3140 950 Pennsylvania Avenue, NW Washington, DC 20530 Re: Comments to the Interim Final Rule While overall, I think the interim final rules represent a good effort to treat victims fairly, I believe the following changes will solve some of the issues that remain and bring the rules more into line with the provisions of the Statute. After a thorough review of the proposed interim rule, I have the following comments: 1. Calculation of Income. For purposes of determining economic losses, a victim & #8217;s base compensation appears to be his or her pre-tax earnings for the three-year period 1998-2000, including salary and bonus plus certain employer benefits. Why would the formula choose to use 1998 and ignore the victim& #8217;s most recent salary in 2001? Most of the victims were employed for nine out twelve months in 2001 and it would be easy to extrapolate the victim’s full 2001 salary. In many cases it would seem that the 2001 salary would be more indicative of a victim’s actual earning potential than his or her 1998 salary would. This is particularly true for younger victims who in most cases would have a much higher salary in 2001 than in 1998. Which year is more relevant? In the case of many of the victims, certainly the 2001 salary is more relevant. The regulations should be amended to allow the claimant to have the option to use either 1998 or 2001 in the three-year average. This can be done b y amending the second and third sentences of Part 104.43 of the regulations pertaining to salary to read: “The Decedent& #8217;s salary/income in 1998-2001 shall be evaluated in a manner that the Special Master deems appropriate. The Special Master may, if he deems it appropriate, take the higher of (i) an average of income figures for the three years 1998 through 2000, or (ii) an average of income figures for the three years 1999 through 2001.” The regulations also need to be a little more clear on what & #8220;certain employer benefits” means. It would seem that all employer costs associated with compensating the victim should be considered a part of his or her compensation. This would include employer premiums paid for health insurance, dental insurance, life insurance, and workers’ compensation insurance. It should also include employer contributions to a victim’s pension plan or 401K plan. These types of payments are no less a part of compensation than a victim’s salary was. 2. Victims Engaged to be Married. The treatment of victims who were engaged to be married at the time they were killed on September 11 is not addressed in the interim final rule. Fiancées appear to have no standing under the fund, even though they were often the person who was the closest person to the victim and the person whose life was affected the most dramatically. In addition, the compensation charts (particularly the calculation estimating how much of his compensation a victim would have personally consumed) assume that the victim would not have kept his or her promise to marry. If a victim was married without children the interim rules calculate his or her economic loss using a “consumption factor” that is based on the victim sharing his earnings with his spouse. Meanwhile, a person who is unmarried is deemed by the charts to have consumed almost all of his earnings himself. This is so even though the victim is engaged to be married and planned to have children, and would not have c onsumed all of his income himself. While it is speculative to estimate the number of children, if any, that a victim would have had, it is not speculative to assume that the victim would have gone through with his or her promise to marry and thus have a lifetime of mutual support. If a victim was engaged to be married the chart showing “Married Decedent with No Dependent Children” should be used. The fact that September 11 cut short the lives of some of the victims at a time when they had not yet completed their plans to wed should create be an assumption that the victim’s future personal consumption would have been that of a single person. 3. Calculation of Non-Economic Loss. It appears that the interim final rules ignored the Statute in determining non-economic losses. While it is impossible to scientifically calculate the proper amount to award for non-economic losses, the amount of “presumed non-economic loss& #8221; of $250,000 plus $50,000 for each of the victim’s spouse and dependants is not in concert with the Statute. The Statute passed by Congress and signed by the President defined “non-economic losses” in twelve categories, including losses for: - physical and emotional pain, - suffering, - inconvenience, - physical impairment, - mental anguish, - disfigurement, - loss of enjoyment of life, - loss of society and companionship, - loss of consortium (other than loss of domestic service), - hedonic damages, - injury to reputation, - and all other non-pecuniary losses of any kind or nature. - There is no mention in the final interim rule of any of these specific losses that the Statute requires to be awarded. The Statute did not say that victims would only be awarded the same amount as “roughly equivalent to the amounts received under existing federal programs by public safety officers who are killed while on duty or members of our military who are killed in the line of duty.” The victims if September 11 were not public safety officers or members of the military killed in the line of duty. They were clerks, waiters, accountants, office workers and executives who were murdered when innocently going to work one Tuesday morning in September. They were murdered for what they symbolized, America’s freedom and economic success. They were murdered because of a failure by the airlines, security firms and the government to put adequate safeguards in place to properly protect the nation& #8217;s air transportation system. Since Congress decided that it would be in the best interest of the nation to prevent the collapse of the airline industry by limiting lawsuits brought be victims, these victims are entitled to receive compensation in line with what Congress spelled out in the Statute. Although Congress could easily have written the Statute to state that non-economic awards should be comparable to awards given to public safety officers or the military, it chose not to do so. Rather Congress specifically spelled out the factors that should be considered in determining the amount of non-economic damages. Yet, the interim final rules chose to ignore these factors and substitute the judgment of Congress with this “comparable to the military” calculation. It should also be noted that awards to public safety officers and members of the military are not reduced by the amounts of any additional life insurance that such public safety officers or members of the military may have purchased on their own behalf. Thus, f or many victims the amount they receive under the Fund would be substantially less than a public safety officer or member of the military under that federal statute. There is no doubt that a jury would award a significantly higher amount for non-economic damages in a court action (Courts have awarded higher amounts than this to people who were burned by spilling cups of coffee on themselves). In many cases the September 11 victims suffered indescribable pain, agony and mental anguish for prolonged periods of time (up to several hours). All of this time the victims were aware that they were going to die a horrible and painful death. I understand that it would be difficult to address non-economic pain and suffering on a case-by-case basis as who is to say which victims suffered more than other victims. I think having a set amount for all victims is the fairest result. However, the amount needs to consider the factors set forth by Congress in the Statute. One way to come up with an amount for non-economic damages is to take an average of what was awarded by juries in any cases where victims suffered greatly for prolonged periods of time, knowing that their fate was to die within hours. Increasing the amount of non-economic damages would also help to solve two other criticisms of the interim rules. (1) it would help to close the gap in awards between highly compensated individuals and lower compensated individuals, and (2) it would increase the gross amount of the awards prior to deducting life insurance and other collateral sources of income making the fund a more viable alternative to many that would otherwise file law suits. A significant increase in the non-economic awards would go a long way toward bringing the interim final rules into concert with the Statute passed by Congress. I would like to thank you and your staff for taking on this very difficult task and trying to “do the right thing” by all of the parties involved. As we all know, no amount of money could come close to adequately compensating the families of victims for what they are going through. The victim compensation fund (the “Fund”) is an attempt to provide for fair and just compensation outside of lawsuits. It is far from a “free lunch” though. The Airline Stabilization Act (the Statute”) put severe limitations on a victim& #8217;s ability to recover from the airlines and from other negligent parties. The Statute was conceived by Congress as a way of ensuring that the airlines are not brought to financial ruin by the immense litigation that would follow this attack. Such litigation and the financial collapse of the airlines would have had a devastating affect on the US economy. The resulting business slowdown would have deprived the US Treasury of significant tax receip ts equal to many times more than the cost of this Fund. Because of this fact, the existence of the Fund will, without a doubt, save the taxpayers a significant amount of money. Thank you for considering the above comments. Individual Comment Auburn, New York September 11 Email: Date The local time and date when the message was written. 2002-01-15 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN001702.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-15 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Thursday, December 20, 2001 6:45 AM equal access to benefits December 20, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Millsboro, DE September 11 Email: Date The local time and date when the message was written. 2001-12-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA004124.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. 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 commited partners and 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 Austin, Texas 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 dojA001419.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. Sunday, November 11, 2001 12:49 PM Victim Compensation I do NOT think a victim's compensation should be reduced by any pensions or insurance for which the family planned and from which they may benefit. I DO, however, think compensation should take into account other funds the victims' families may have received from other charitable sources, such as the Red Cross fund. I am happy to have the opportunity to provide input to your planning process. Thank you. Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-11 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 dojW000308.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. 2001-11-11 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, January 16, 2002 8:34 PM Comments on WTC Victims Compensation I am the mother of a fallen Firefighter who remains missing to this date at the WTC.. I would like to tell you how patently unfair the present Victims' Compensation Regulations are in general, and in my case, it is specifically unfair to members of the uniformed services such as my son. It is an insult to limit to $250,000 non-economic loss. The loss of my son, and my pain and suffering is incalculable, and a limit of this amount is truly insulting. Your method of calculating "worth" by averaging the last three years income is also patently unfair for my son's case because he spent the previous five years of his life IN SERVICE TO THIS COUNTRY IN THE US MARINE CORPS, earning, as you may be aware, below poverty level wages for his loyalty and service to this country. In addition, he was earning an extremely low salary with the FDNY, , and was definitely not getting a salary that was commeasurate with Firefighters' salaries across the USA. Another extremely unfair aspect of your "Regulations" is the deductions of insurance, awards, pensions and other "collateral sources." This is unfair for the following reasons: The Federal Award for losing your life in the line of duty was never meant to replace any other source of reimbursement. This is something that our society gives to its public servants, and they should NOT be penalized for being a public servant. If you are responsible enough to buy and pay for life insurance, you should not be discriminated against. If a Police or Fire officer dies in the line of duty, society gives them a hero's award of a pension for their family for life. You have no right to once again penalize the person for being a hero. It is patently unfair to deduct a hero's pension from the settlement. Why is my son's life worth 50% less because he is single? Why is my son's life worth less because he was a responsible person and did not have any children? His worth is incalculable to me! His loss is irreplaceable . According to your guidelines you are penalized for being responsible, for giving loyalty and service to your country, for being a public servant, and for being a middle class American. You are insulting and discriminating against The Firefighters, Police and EMS workers. In addition, your settlement terms are equally unfair to the civilians. It is an American disgrace that the Airlines are protected, Larry Silverstein Properties are protected, the Port Authority is protected, but the only ones who are NOT PROTECTED ARE THE 3,000 victims of the World Trade Center Disaster! Please change these guidelines Immediately. Individual Comment Bronx, NY September 11 Email: Date The local time and date when the message was written. 2002-01-16 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 dojN001912.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. 2002-01-16