624 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. 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 diswasher in one of the restaraunts 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 taxpayers 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 famillies are especially vulerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in a traumatic predicament of having to prove that their union is legitimate. Fortunaely, 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 Saugerties, NY September 11 Email: Date The local time and date when the message was written. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA001911.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. Thursday, December 13, 2001 3:00 PM Fwd: Urgent! Flash Activist Network Alert 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 Austin, TX 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 dojA001567.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 05, 2001 8:28 PM qualified categories for compensation To Whom It May Concern: As a concerned U.S. citizen, I urge, with the strongest possible feeling, the United States Department of Justice to please include gays, lesbians, bisexuals, and transgenders in the qualified categories to receive assistance after the September 11th tragedy. This is no time to make moral or political judgements on the righteousness of any particular way of living; regardless of whether one is gay or straight, if an individual lost someone in this disaster, they should be fairly and fully compensated, just like any other family member. Please - as an American, a government employee, and a gay person, I urge you to include all affected Americans who need assistance in the relief fund. Please do not further discrimination in this sad and tragic time when there is enough hate in the world already. Thank you. Individual Comment Fullerton, CA September 11 Email: Date The local time and date when the message was written. 2001-12-05 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA001036.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-05 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. 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 Lake Grove,NY September 11 Email: Date The local time and date when the message was written. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA005249.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 05, 2001 10:23 AM Victims Of Sept. 11 Dear Mr. Zwick: I am writing in response to the Department's request for public comments regarding the forthcoming regulations for implementing and administering the "September 11 Victim Compensation Fund." I strongly urge the Department to draft regulations that ensure compensation is available to all victims of the attack, including the committed partners and the non-biological children of gay and lesbian victims. It is unquestionable that the devastating grief and economic losses suffered by the families of gay and lesbian victims are no less than that of other families. Just as the terrorists drew no lines in choosing their victims, our country must draw no lines in compensating those who suffered the most personal of losses from these horrific attacks. Many Americans lost their lives on September 11, each of whom left behind loved ones. I urge the Department to honor these bonds by treating the families of gay and lesbian victims as you would any other. Sincerely, Individual Comment Puyallup, WA September 11 Email: Date The local time and date when the message was written. 2001-12-05 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000761.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-05 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, December 10, 2001 5:28 PM September 11 Victim Compensation Fund Attachment 1: Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice  Dear Mr. Zwick: I am writing in response to the Department's request for public comments regarding the forthcoming regulations for implementing and administering the "September 11 Victim      Compensation Fund." I strongly urge the Department to draft regulations that ensure compensation is available to all victims of the attack, including the committed partners and the non-biological children of gay and lesbian victims. It is unquestionable that the devastating grief and economic losses suffered by the families of gay and lesbian victims are no less than that of other families.  Just as the terrorists drew no lines in choosing their victims, our country must draw no lines in compensating those who suffered the most personal of losses from these horrific attacks. Many Americans lost their lives on September 11, each of whom left behind loved ones.  I urge the Department to honor these bonds by treating the families of gay and lesbian victims as you would any other. Sincerely, Individual Comment New York, NY September 11 Email: Date The local time and date when the message was written. 2001-12-10 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 dojA001438.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. 2001-12-10 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, November 29, 2001 2:04 PM Victim's Compensation Please include among relatives eligible for compensation those who lost their life partners or de facto parents or children, regardless of sexual orientation or marital status. Individual Comment Pinellas Park, FL September 11 Email: Date The local time and date when the message was written. 2001-11-29 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000193.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. 2001-11-29 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, March 13, 2002 7:48 PM HEIRS, ETC. OF MARK BINGHAM Dear Kenneth Feinberg: Words almost fail me in trying to respond to your judgement of whether and the other gay and lesbian heroes of 9/11 should be treated the same as others, including the illegal aliens you are so kindly brushing aside U.S. law to accomodate. Your comments on "Meet The Press" illustrate without question that you do not deserve your position on the 911 fund. You are an insult to 's heroism. This is the only thing I can say: if you ever run for office, or are up for any future appointment, I will dedicate myself politically to opposing you. No one in their right mind supports a spineless bigot. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-13 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 dojR002119.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. 2002-03-13 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. Friday, November 30, 2001 11:53 AM include gay victims To Whom it May Concern: Please include gay and lesbian victims of September 11 on the list of people whose partners will receive victim compensation. They are American citizens and entitled to our respect. Sincerely, Individual Comment Minneapolis, MN September 11 Email: Date The local time and date when the message was written. 2001-11-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000227.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. 2001-11-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, March 19, 2002 10:31 AM Exclusion of Gays? I have donated hundreds of dollars to 9/11 relief funds, and I was shocked to hear that now you will be excluding spouses of gays. I am very offended to see that you are limiting fund dispersal with rules of bigotry. The spouses in same sex relationships grieve the same as heterosexuals, and they should be compensated equally also. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR002156.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. Saturday, March 16, 2002 3:56 PM very unfair- I guess not "All men are Created Equal" anymore 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. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001066.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Friday, February 22, 2002 12:46 PM Responsibility The Honorable Kenneth Feinberg Civil Division Department of Justice 950 Pennsylvania Avenue Washington 20530 Dear Mr. Feinberg: Here, under attachment 1, is some good advice that obviously was not taken, at least to date that is. To restore trust in the process you have two choices either resign or institute a blue ribbon review panel. I feel, however, you will be taking the third option that of being personally sued for breach of office. Don't underestimate the fire in the belly of those whom you are trying to destroy. Individual Comment Newton MA September 11 Email: Date The local time and date when the message was written. 2002-02-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojP000550.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-02-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Congress of the United States House of Representatives Washington, DC 20515-3004 January 8, 2002 Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice, Room 3140 950 Pennsylvania Ave. NW, Washington, DC 20530 Dear Mr. Zwick: I am grateful for the opportunity to comment regarding the Interim final rule for the September 11th Victim Compensation Fund of 2001, particularly, the Eligibility rule as it relates to "physical harm" sustained and verified within 24 hours of an injury. In fairness to the victims and families of the September 11th terrorist attack this rule must be changed. of , New Jersey worked in 2 World Trade Center with his brother and sister-in-law. All three were employed by the . , in fleeing the building sustained physical injury to his back and neck but cannot file under the Victim's Compensation Fund. The present interim rule relative to "eligibility" excludes from participation as treatment did nor occur within 24 hours of the injury. What the rule fails to consider is the unique circumstance of each victim. In this instance, the tragic death of brother and sister-in-law and the preoccupation of the family in locating missing family members. Consequently, was treated for his injury on September 13th and not within the arbitrary time limit imposed by the rule. I am confident, that the circumstances as outlined in statement will strengthen our case for change in the interim eligibility regulation. I would appreciate an expeditious review and I look forward to hearing from you within a reasonable time frame. If you have any question or if I may assist in some particular way, do not hesitate to contact me either in Washington, DC or at my Whiting District Office. Your attention to this sensitive issue is greatly appreciated. Sincerely, Christopher H. Smith Member of Congress September 11 Email: Date The local time and date when the message was written. 2002-01-08 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002429.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. 2002-01-08 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 05, 2001 7:59 AM accessing help Whe people respong to needs they need to be handled in good faith QUICKLEY, COMPUTERS CAN FACILITATE THAT AND GIVE ACCOUNTABILITY THAT FUNDS REACH ALL VICTIMS mANY RESPONCES WERE FIRST TIME GIVERS TO MAJOR DISASTER. aDVERSE REACTION AND MISHANDLING BY NOT REACHING ALL INTENDED WILL IMPACT ALL GIVING FOR THE FUTURE pLEASE PRUDENTLY HANDLE NOW AND IN THE FUTURE111111 Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-12-05 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000702.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-05 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Sent: Thursday, December 06, 2001 1:36 AM Subject: Please... For the "September 11 Victim Compensation Fund," I urge that you please ensure that compensation is available to all surviving families of those killed, including the committed partners and non-biological children of gay and lesbian victims. Individual Comment Monterey, CA September 11 Email: Date The local time and date when the message was written. 2001-12-06 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 dojA001093.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. 2001-12-06 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 12:17 PM Equal Access to Benefits for Sept 11 victims 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 Campbell, 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 dojA003184.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 08, 2002 12:43 PM Objection to the proposed regulations for the Victims' Compensation Fund SIRS: I am writing this to object to the proposed regulations for the Victims' Compensation Fund. The settlement is inadequate in all regards. It is minimal in economic damage and heartless in compassion for the extraordinary pain and suffering and loss of companionship the 9-11 WTC destruction caused. I am concerned about two aspects of the proposed regulations for the Victims' Compensation Fund. One it is very cheap in comparison to jury awards and two that the definition of family is so restrictive. It smacks like a cookie cutter approach to get the survivors out of the way. Much the way Vietnam Vets were handled. The Families of September 11 of which I am a member and which represents many families that are affected by these proposals has made a very careful analysis of the gross inadequacies of the interim regulations. I urge you, if you have a soul to take it to heart. Concerns of Families of September 11 with DOJ's Interim Final Regulations Governing the September 11th Victim Compensation Fund Families of September 11 has serious concerns with the interim final regulations issued by the Department of Justice (DOJ) and the Special Master to govern payments under the September 11th Victim Compensation Fund established by Congress as part of the Air Transportation Safety and System Stabilization Act, Public Law 107-42. Families of September 11 is a non-profit organization of injured victims and families of those killed in the recent terrorist attacks. We represent hundreds of victims' families from 26 states. The group's mission is to ensure that the victims' and families' interests are protected and to advocate public policies that will improve the prevention of and response to terrorism. More information is available at www.familiesofseptember11.org. Our primary concern with the interim final regulations is that DOJ has ignored the fundamental mandate of the Act to provide full and fair compensation to victims and their families and instead has concocted a bureaucratic response that bases compensation on irrelevant federal programs. The purpose of the regulations appears to be to hold down the amount of the awards, rather than to carry out the intent of Congress so clearly set forth in the law. We ask your help in urging DOJ to abandon its misguided proposal and to issue new regulations that fulfill, rather than flout, the legislative mandate of Congress. Background The Victim Compensation Fund was created by Title IV of the airline bailout bill passed by Congress shortly after the September 11 attacks. The Act gave the airlines $15 billion of taxpayers' money and capped the airlines' liability for the crashes at the limits of their insurance coverage. Thus the airlines face no out-of-pocket expenses for the widespread death and destruction caused by the crashes of their aircraft into the World Trade Center, the Pentagon, and a field near Shanksville, Pennsylvania. Acknowledging the fact that this airline liability cap severely restricted the victims' right to sue the airlines, Congress created the Compensation Fund to provide victims and their families with full payment for a wide range of specified non-economic damages (e.g., pain and suffering, loss of enjoyment of life, loss of consortium between husband and wife, and more) and full restitution for economic damages (e.g., lost future income), minus collateral payments. In this way, Congress sought to ensure that the airlines' bailout would not be funded by the victims' families, who had already suffered the most from the horrible tragedy of September 11. Unfortunately, DOJ was unmoved by Congress's compassionate and reasoned approach and, perhaps goaded by the Office of Management and Budget, determined that it could abandon the statutory framework in favor of a bean-counting mentality that limits awards with no basis in law. Congress's unmistakable intent was not carried out by DOJ, and we need your help to correct these problems by January 22, 2002, the end of DOJ's comment period on the regulations. News media reports that families will receive an average of $1.65 million are inaccurate, because this estimate fails to account for deductions of collateral payments, such as life insurance and pension plans. Actual payments from the Fund would be substantially less, and many families would get nothing under the parsimonious interim final regulations because collateral payment deductions required by the statute would wipe out their entire award. (A recent New York Times article quoting the Special Master suggested that he was considering a minimum payment of $250,000, regardless of collateral deductions. This amount is still far too low to compensate for the damages the victims and their families have suffered.) The three primary defects in the interim regulations concern the valuation of non-economic damages, the calculation of economic damages, and the provisions for hearings. Proposed Non-Economic Awards Are One-Tenth Those Made in Comparable Cases The DOJ's proposed awards for non-economic damages ($250,000 per victim plus $50,000 for a spouse and each dependent) are only one-tenth the level paid in comparable cases. In other cases of airline crashes and terrorism, non-economic damage awards of $2 million to $5 million are typical, and much higher awards have been made in some cases. Moreover, Congress explicitly enumerated a broad range of non-economic damages for which victims and their families shall be compensated: 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 nonpecuniary losses of any kind or nature. Sec. 402(7). In the case of a victim killed in the attack, all of the above except physical impairment, disfigurement, and injury to reputation are applicable and payable to the victim's estate or (as in the case of loss of consortium and loss of society and companionship) to members of the surviving family. Thus there are at least eight relevant elements cited in the statute: (1) physical pain, (2) emotional pain, (3) suffering, (4) inconvenience, (5) mental anguish, (6) loss of enjoyment of life, (6) loss of society and companionship, (7) loss of consortium, and (8) hedonic damages, in addition to the catch-all "all other non-pecuniary losses of any kind or nature." In fact, Congress enumerated more kinds of non-economic damages than are normally paid in any single state jurisdiction. Thus, it would be reasonable to expect that payments made under the Victim Compensation Fund would be at least as high, if not higher, than previous awards for non-economic damages. As one example, in the case of the Lockerbie bombing, a spouse was awarded $5 million in non-economic damages. Under DOJ's plan for the September 11th Fund, a widow and two surviving dependent children would receive only $400,000, subject to reduction by the collateral offset provision. Shockingly, DOJ tacitly admits that it did not even look at the elements of non-economic damages that Congress required to be compensated. Rather, in the only justification for the presumed award, DOJ's notice states that "the $250,000 figure is 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 while serving our nation." The regulation then cites to the statutory provision for a group life insurance program under which servicemembers can elect to purchase policies with a death benefit up to a maximum of $250,000, commonly known as the Servicemembers' Group Life Insurance (SGLI) program, and a newly amended federal statute under which the government pays to the families of fallen public safety officers $250,000-on top of any other amounts they may receive from other sources. Neither of these programs was intended to, nor does, compensate a victim's family for the full range of non-economic damages identified by Congress in the statute establishing the Fund. DOJ flouted Congress's specific mandate and instead replicated existing, inapposite, and limited federal death-benefit programs. The absurdity of DOJ's approach is illustrated by its reliance on SGLI as the basis for the amount awarded. If a serviceman killed at the Pentagon had elected the SGLI at $250,000, the offset of life insurance proceeds required by the Act would wipe out the non-economic damages entirely (unless there were a spouse or other dependents, at $50,000 each under the DOJ scheme). DOJ's approach therefore assumes that Congress intended the non-economic damages to be merely illusory-to be given with one hand and then taken away with the other. Not only is this clearly incorrect-it flies in the face of basic principles of statutory construction. In short, it is the epitome of an arbitrary and capricious approach to implementing the Act. Presentations made at a recent meeting of the National Association of Forensic Economists support our contention that DOJ's presumed non-economic damage awards are unreasonably low. Another problem with respect to non-economic damages is the Special Master's insistence on using the probate laws of the various states to determine the distribution of the entire award among family members and other claimants. While appropriate for some damages (e.g., pain and suffering of the victim), this approach fails to recognize that other non-economic losses are incurred by specific claimants, not by the estate. For example, the surviving spouse suffers loss of consortium. Under the DOJ plan, payments for loss of consortium could be divided among the heirs and, where there is a will, might be awarded entirely to a claimant other than the spouse. While the Special Master reserves the right to overrule the probate courts, it is unreasonable to force a claimant to plead extraordinary circumstances and appeal to the Special Master to prevent such an inappropriate distribution of funds. DOJ's Plan Significantly Undervalues Economic Damages DOJ's proposed awards for economic damages significantly underestimate actual economic losses. We have asked DOJ and the Special Master for all of the assumptions and methodology used in calculating the "presumptive awards," in order to better understand and analyze them, because DOJ has provided only general guidance on how it determined these award levels. Even before we receive this detailed information, however, it is clear that there are major problems with DOJ's approach. The National Association of Forensic Economists recently participated in a conference at which experienced economists pointed out significant flaws in DOJ's methodology. For example, DOJ unnecessarily relied almost exclusively on federal government data that was out of date and inapplicable to the groups to which DOJ applied it. One forensic economist with experience in air crash cases (for both plaintiffs and defendants) indicates that actual life-cycle earnings for firefighters are 27% higher than the DOJ estimate, the actual life-cycle earnings of all college educated workers are 30% higher than DOJ indicates, and the actual life-cycle earnings growth of college-educated Securities and Financial Services workers is more than 100% higher than the DOJ estimate. Moreover, DOJ also seriously underestimates "real" (beyond inflation) increases in earnings by administrative support and clerical workers. Rather than utilizing aggregated national data, this experienced economist stated that the Special Master could use readily available data to create 8-12 prototype earning patterns, based on occupation and education, that would much more closely match the expected earnings patterns of the victims. In the case of high-income victims, the undervaluation of increases in compensation is exacerbated because the regulations arbitrarily cap a victim's income at $225,000 a year. Thus, DOJ starts off with an artificially depressed earnings level, and then uses unrealistically low models for projecting increases from that level. This cap, for which there is no justification in the statute, would result in some families receiving severely reduced compensation for their actual economic losses. The only justification DOJ has offered for capping incomes is that not doing so would result in awards greater than what the families "need." But DOJ has provided no explanation of how it determined these needs. The human cost of the income cap is that many widows and some widowers will have to sell their homes, deplete their children's college funds, give up their plans of being full-time parents while their children are young, and make other wrenching adjustments at a time when they already have more than enough burdens to bear. In general, there is a significant underestimation of promotions and other increases in earnings for victims. DOJ apparently relied on the Boards of Actuaries of the federal civil service and military retirement systems, which track federal worker incomes and pension requirements, not the higher-paying private sector career paths. Experts at the NAFE conference pointed out that data on federal workers is irrelevant for assessing private sector earnings projections. DOJ's error, coupled with its emphasis on past 3 years of income (which the Special Master "may average"), makes it appear that DOJ used a federal pension approach to ascertaining economic damages , rather than considering the likely income-earning potential of the decedent, as is routinely done in wrongful death cases. Sadly, this DOJ/OMB approach appears to be an attempt to distort the tort-based provisions of the Act into just another bureaucratic, formulaic, federal program based on concepts the agencies are already familiar with, rather than what the law requires. One economist dubbed the failure of DOJ to tailor its economic loss model to the actual circumstances of the victims the "Reverse Cinderella Effect" -- where DOJ is trying to make one shoe fit all of the feet. Other problems pointed out by the economists are the fact that the worklife estimates used by DOJ are seriously outdated, particularly for women. DOJ's aggregation of this outdated data means that its worklife estimates are low for both men and women, thus underestimating awards for both genders. There is also a serious underestimation of the economic value of household services performed by victims, particularly women. These, along with the use of pre-tax discount rate, further widen the gap between DOJ's flawed approach and a proper valuation of economic loss. DOJ Makes a Mockery of the Right to a Hearing A particularly insidious notion inherent in the interim final regulations is that a family's award may be increased above the "presumptive" award only by a showing of "extraordinary circumstances"-beyond those suffered by other victims or victims' families. This makes the hearing or appeal to the Special Master a mere charade. DOJ has constructed a scheme that provides extremely low awards to those who lost loved ones due to the extraordinary events of September 11, and then declares that only in cases that are extraordinary, beyond those already extraordinary events, will awards be increased. This is virtually an impossible standard to meet, especially in light of the Special Master's statements that he cannot and will not make "Solomon-like" distinctions between the suffering of individuals or families. The problem is that the presumptive award levels are so low, they do not compensate the families adequately for the extraordinary suffering they and their loved ones endured and continue to endure. Absent a change in the regulations, these award levels will not be increased to reflect the compensation contemplated by the Act for the actual damages suffered by each victim and family. What is extraordinary is the suffering inflicted on all of the victims and their families on September 11-not differences in degrees of suffering among them. Victims aboard airplanes suffered through a kidnapping/highjacking and horrific plane crashes. Victims at the World Trade Center suffered through the trauma of the plane crash and a raging fire (so intense and unbearable that some victims thought it better to jump 100 stories to their certain death than to endure the fire), and others suffered from the unthinkable collapse of the massive towers upon them. Victims at the Pentagon suffered a horrible death from the impact of the plane into their "secure" offices or by burning in the raging inferno of jet fuel. Family members themselves have had to endure the inescapable coverage and regurgitation of these events on TV, in the newspapers, and even in ordinary discourse with neighbors, acquaintances, and others. It is fundamentally unfair for DOJ to trivialize the extraordinary suffering of each victim and family (for example, by valuing non-economic damages at 10% of the level of compensation in comparable cases and valuing economic damages at less than 50% in some cases) and then to state that only upon distinguishing a claim from all of the other claims that are also undervalued by DOJ will an award be increased. Instead, the standard should be that DOJ compensate each victim and family for the types of damages enumerated by Congress at levels comparable to those recoverable in the tort system the Fund was designed to replace. Conclusion During the 30-day comment period, Families of September 11 will work with DOJ and the Special Master to try to improve the payment levels to reflect the provisions of the Act. Your assistance will be most helpful in persuading DOJ and the Special Master to follow the Act. If the interim final regulations are not substantially changed by DOJ, the victims' families may have to challenge the regulations in court in order to ensure compliance with the law. And many families, seeing no adequate remedy from the Fund, may decide to sue the airlines and others, despite the handicap of the liability limits. DOJ can and should avoid such unfortunate confrontations by recognizing the need to make significant revisions to conform the regulations to the statutory requirements. Please urge DOJ to do so, and eliminate the need for the families to go to court in order to implement the clear congressional intent for fair, compassionate compensation. Specifically, we want DOJ to (1) increase its non-economic loss award by an order of magnitude (from 10% to 100%), to properly reflect the damages that Congress has determined are compensable, (2) correct the methodological flaws in its calculation of economic damages and use accurate, up-to-date data in making those calculations, and (3) recognize that a claimant should not have to show "extraordinary circumstances" to increase the "presumed award," but rather, should only have to show that the "presumed award" does not accurately reflect the damages incurred by the victim and his or her family. We strongly believe that if the nation can find $15 billion to bail out the airlines, which may have been responsible for the attacks because of lax security, it can provide the full amount necessary to fairly compensate the families of the innocent victims of the attacks. Thank you in advance for your assistance on this pressing matter. Individual Comment Newton MA September 11 Email: Date The local time and date when the message was written. 2002-01-08 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN001449.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. 2002-01-08 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, March 12, 2002 9:41 AM Just to place my remarks into some sort of perspective, I am a 62 year-old heterosexual with a wife of 38 plus years, two daughters and a grandson. Upon reading of a conversation on one of Sunday's political talk shows, I became incensed. A "gentleman" who works under the direction of the misanthropic U.S. Attorney General informed the moderator and the public that significant others and dependants of gay or lesbian 9-11 victims would recieve no help from the victims fund if the state involved (assuming the victim's home state) did not recognize same sex unions. That is disgusting! Carrying Ashcroft's despicable discrimination into the dissemination of charitable funds points out just how un-Christlike this digusting self-styled musician/preacher has become. It also underlines not only the total stupidity of the man who nominated Ashcroft to begin with, but how moronically sheep-like the Congress was to have confirmed the nomination. 9-11 and its heroes notwithstanding, this administration has, once again, made me ashamed of being an American. Individual Comment Bristol, CT September 11 Email: Date The local time and date when the message was written. 2002-03-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000380.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 10:15 AM Equal Access to Crisis Relief Benefits for Surviving Gay and Lesbian Partners 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 San Diego, 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 dojA002952.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. Kenneth Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue, NW Washington, DC 20530 Director Zwick: As the Chairman of the New York State Senate Crime Victims, Crime and Corrections Committee, I would like to take this opportunity to provide comment on the record regarding the September 11th Victim Compensation Fund of 2001 [Public Law No: 107-42, Title IV] and its proposed regulations. The specific source of my concern arises from the broad definition of 'collateral source' [Section 402(4)] and the possible interpretation which could include charitable contributions. It is of the utmost importance that the tremendous amount of charitable contributions after the September 11th tragedies are not included as a collateral source which, under Section 405(b)(c),'...shall reduce the amount of compensation determined under paragraph (l)(B)(ii)....' To do so would not only be an insult to the donors and benefactors, it would be contrary to the very law which established the September 11th Victim Compensation Fund of 2001 and contrary to New York State law. In addition to the obvious policy reasons for excluding charitable contributions from the definition of 'collateral sources', and the fact that charitable contributions were not included in the statutory definition of 'collateral source,' such an interpretation should not be made, because the Act as a whole requires the Department to exclude such contributions from its definition. Looking at the language Congress used in defining 'collateral source' and the law in its entirety, it is clear the intent is to include only entitlements as an offset to the compensation awarded to a claimant under this act. Sections 405(a)(2)(B)(iii) and Section 405(b)(6) both use 'collateral source' in context as compensation a claimant has, '...received or is entitled to receive...'(emphasis added). Compensation from a 'collateral source' in this Act is an entitlement in the true definition of the word- arising from a contract or by law. Section 402(4) simply provides major examples--life insurance, pension funds, death benefits, and payments made by Federal, State or local governments-which create an entitlement under contract of law. Although under a moral obligation to provide assistance to those they have collected donations for, and under a general, legal obligation to their donors to ensure the money collected for a specific purpose is used for that purpose, charities are under no contractual or legal obligation to provide assistance to any particular benefactor. Finally, please allow me to concur and restate the position of the memorandum to the Honorable Phillip Perry, Acting Associate Attorney General, from the offices of Governor Pataki, Attorney General Spitzer and Mayor Giuliani, which excludes charitable contributions from potential offsets under this Act as consistent with the dictates of New York's collateral source law: .............Section 4545(c) of the New York Civil Practice Law and Rules provides: In any action brought to recover damages for personal injury, injury to property or wrongful death, where the plaintiff seeks to recover for the cost of medical care, dental care, custodial care or rehabilitation services, loss of earnings or other economic loss, evidence shall be admissible for consideration by the court to establish that any such past or future cost or expense was or will, with reasonable certainty, be replaced or indemnified, in whole or in part, from any collateral source such as insurance (except for life insurance), social security (except those benefits provided under Title XVIII of the social security act), workers' compensation or employee benefit programs (except such collateral sources entitled by law to liens against any recovery of the plaintiff). To be deemed a collateral source, the court must find that such cost or expense was replaced or indemnified from any collateral source. [T]o find that any future cost or expenses will, with reasonable certainty, be replaced or indemnified by the collateral source, the court must find that the plaintiff is legally entitled to the continued receipt of such collateral source, pursuant to a contract or otherwise enforceable agreement, subject only to the continued payment of a premium and such other financial obligations as may be required by such agreement. Id. Similarly, awards made by the New York Crime Victims Board are reduced only by public funds or payments mandated by law or contract. Exec. Law §631, 9NYCRR 525.11. Individuals are not legally entitled to the receipt of charitable contributions, pursuant to a contract or otherwise enforceable agreement. See Wasau Business Insurance Co. a/s/o Central Synagogue v. Turner Construction Co. Et al., No. 99 CIV 0862 (RWS)(amicus brief)... In summary, while Section 402(4) does not specifically exclude charitable contributions from the definition of 'collateral source,' Title IV, in its entirety, is not meant to include charitable contributions as a 'collateral source.' The statutory language, legislative intent and consistency with New York Law all require the regulations and the application of the Act should not consider charitable contributions when making the 'collateral source' adjustment to the compensation awarded to a claimant under this Act. Thank you for considering my comments on this important matter. If you have any questions regarding any of the issues discussed in this letter, please feel free to contact me. With best wishes. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000430.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-21