662 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. Saturday, March 16, 2002 4:15 AM (no subject) I find your judgment faulty and disgraceful. You remind me of why I do not see myself as a US Citizen. All though, I was born to American parents and born in the US, I am not seen by the US as a citizen because I am gay. Your decision gives illegal aliens benefits that you would not give to your own country men. SHAME ON YOU! 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 dojR000891.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. Tuesday, December 18, 2001 11:58 AM RE: Reply from Special Master I have several things to say in response to . One, don't insult my intelligence by sending me an auto-reply response! Two, I attended the meeting last night, where attempted to spell out the Compensation Fund for families. I basically told him how I felt about the exclusion of family members from the fund. My sister-in-law is the next of , and she is the family respresentative. So she and her children get compensation for their economic and non-economic loss. Now, what about the parents who lost children? Or siblings? Do we NOT suffer the same pain and suffering? When I asked what my mother's recourse is for losing a son, his very crass and condescending remarks were as follows. "She doesn't have any." When another person asked a similar question, he said we should "fight it out'. THIS GUY IS THE WRONG GUY FOR THE JOB. HE IS A COLD, CRASS, CONDESCENDING MAN!!! He does not, and cannot possibly feel our pain. LISTEN CAREFULLY!!! THIS IS NOT ABOUT MONEY! IT'S ABOUT REVENGE! SOMEONE SHOULD PAY FOR WHAT HAS HAPPENED!!!!!!!!!!!!! DOES THE GOVERNMENT NOT UNDERSTAND THIS DISASTER IS THEIR FAULT? THEY WERE NEGLIGENT? WHY ARE THEY PUTTING FAMILIES THROUGH MORE HELL! IS THIS IS A NIGHTMARE THAT I WILL NEVER WAKE UP FROM? OUR GOVERNMENT, INCLUDING , SHOULD WAKE UP!!!!!!!!!!!!!!!!!!!! Individual Comment 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 dojA005212.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. Sunday, November 25, 2001 6:50 PM victims fund I do think if an expense has been covered by a charity it doesn't need to be again by the goverment. People who "double dip" tend to boast about it which will cause resentment. I would assume the charities are keeping records of the assistance they give so victims would not need to do so. Some will and others won't be able to. Worcester's experience with donations had much inter quarrels and bad experiences. If the September 11th fund has $320 Million it should be right now helping those not eligible for other compensation and stop dilly-dallying about it. Everyone involved needs help now not months from now. The Safe Horizon-a victims service organization is trying to help people- they should all work together Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-25 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000540.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. 2001-11-25 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 9:14 AM Equal Access to 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 Brunswick, ME 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 dojA002828.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. Thursday, November 29, 2001 1:27 PM Fair treatment for LGBT families Dear Mr. Zwick: I am writing to request that lesbian, gay, bisexual and transgender families who lost a family member in the tragic events of SEptember 11 are equally compensated for their loss. As a member of the LGBT community, I know that our families often do not get the legal recognition that they deserve. I am urging you to make sure that those of us who lost loved ones are treated the same as our heterosexual counterparts. Our loss is real and so are our families. Thank you for your consideration. P.S. Let's not forget that one of those brave souls on the flight which crashed in Pennsylvania was a gay man that risked his life to save many others. Do not do him a disservice by allowing homophobic attitudes to prevent families from getting the compensation that they both need and deserve. Individual Comment Los Angeles, CA 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 dojA000191.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. Thursday, November 29, 2001 12:30 PM FW: Victims Compensation Fund Mr. Kenneth L. Zwick, Director Office of Management Programs Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue Washington, DC 20530 Dear Mr. Zwick, If the September 11th Victims Compensation Fund is to succeed?that is, to avoid extraordinary lawsuits against the airlines and salvage the U.S. air transportation system?we, the surviving family members of the victims and friends, request the following parameters be instituted in consideration of our extraordinary loss: - Provide the formula by which awards will be made prior to demanding an acceptance of the terms. Also firmly establish which defendants this settlement will cover?will it simply cover liability of the airline industry and it?s security subcontractors, or will the City of New York and its Port Authority be named as additional defendants? - As you are seeking to provide a viable alternative to litigation, the formula should resemble that which would normally take place in a suit of this nature and should reflect the individual nature of each claimant, to wit: taking an average of the victim?s past 3-5 years earnings as indicated in past tax return filings, multiplied by actuarial tables of life expectancy, reduced by present value of money. In addition, consideration must also be given to the victim?s future earning potential, as well as to benefits lost, including health insurance. - Establish a standard to determine pain and suffering, which will be the same for each claimant. Each victim was loved equally by all of their family, whether married with children or single. To say that any of us has suffered more or less anguish over this event than others is simply unjust. I am also of the mind that the pain and suffering of each individual victim who perished in the WTC needs to be taken into consideration. Because most of us do not know how much time each of our loved ones had to actually contemplate their fate, this will not be an easy task. Again, I would suggest this determination be made on an equal basis. When determining the pain and suffering award, careful consideration must be given to the amount of punitive damages each claimant would receive if litigation were to occur through normal channels. - Do not reduce the amount of any award by charitable contributions received. Charity is charity. The monies received thus far by most of the surviving families are intended to provide a short-term solution to immediate financial difficulties. For many of them, these charitable contributions have enabled them to barely hold the line on their monthly expenses and have provided a necessary stopgap for the maintenance of our lives. The DOJ has been given a mandate of 120 days to implement the plan for the September 11th Victims Compensation Fund. It has been difficult enough to disseminate and collect the charitable contributions that exist. Do the DOJ and the American public think they all have the financial resources necessary to cover 120 days of expenses? Does the average American have the resources to cover 120 days of expenses with no income? I think not. - Given the fact that economic resources for many of the surviving families are dwindling or non-existent, it is of the utmost importance that a settlement payout date be established and adhered to. - Do not reduce the amount of any award by insurance monies received. My friends paid for outside life insurance with AFTER TAX DOLLARS. To reduce any award by the amount received through private insurance amounts to nothing more than PUNISHMENT for financial planning, and, in effect, DOUBLE TAXATION. I strongly suspect that victims of run-of-the-mill violent crime are not subject to insurance deductions from the awards made to them by various states? Victim?s Crime Boards. - Please do not limit a survivor?s right to appeal through use of an approved or designated mediator. Each claimant should retain the right to abandon process up until the time that a settlement is made and accepted. This right would, of course, be granted to us through normal litigation. - Please do not tax themt outright on any award obtained through this fund. In most cases, proceeds received from this fund will be reinvested in our economy for the long-term maintenance of their families and children. The U.S. government will receive its share on a yearly basis, for sure. Similarly, claimants need to be informed as to how any potential award settlement will affect other government-sponsored benefits such as Social Security and Workman?s Compensation. - I, and all surviving members of the victims of September 11th beseech the DOJ to keep the application and documentation process for this fund SIMPLE and forthright. Many of the surviving members are at the end of their ropes. To ask them to jump through hoops of fire is insulting and demoralizing in light of their strife. Sincerely, Individual Comment Boulder, CO 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 dojA000187.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. Monday, November 26, 2001 3:31 PM Comments re opposition to a charitable contributions offest for Victim Compensation Fund awards. Kenneth L. Zwick, Director Office of Management Programs Civil Division U.S. Department of Justice Dear Mr. Zwick: Attached please find the Comments of the Nonprofit Coordinating Committee of New York on the September 11th Victim Compensation Fund of 2001 pursuant to the Notice of inquiry and advance notice of rulemaking, 66 Fed. Reg. 55901 (Nov. 5, 2001). The Comments urge the Department to adopt a rule providing that awards shall not be reduced by the amount of any charitable contributions. If there are any questions about the comments, please e-mail me at the above address or call me at . Thank you very much. ----------------------------- Before the UNITED STATES DEPARTMENT OF JUSTICE Civil Division 950 Pennsylvania, Avenue NW Washington, D.C. 20530 In the Matter of the ) Department of Justice ) Implementation of the ) September 11th Victim ) Compensation Fund ) COMMENTS OF THE NONPROFIT COORDINATING COMMITTEE OF NEW YORK THE NONPROFIT COORDINATING COMMITTEE OF NEW YORK ("NPCC"), on behalf of its members,1 files these Comments in response to the Notice of Inquiry and Advance Notice of Rulemaking published by the Department of Justice ("Department") in the Federal Register on November 5, 2001 ("November 2001 Notice"). 66 Fed. Reg. 55901. The November 2001 Notice concerns the administration of the September 11th Victim Compensation Fund ("the Fund"), created by Title IV of the Air Transportation Safety and System Stabilization Act ("the Act"), Pub. L. 107-42, 115 Stat. 230, and solicited views on, among other topics, whether to reduce a victims award from the Fund by the amount of any charitable contributions received by the victim. 66 Fed. Reg. at 55904. NPCC urges the Department to adopt a rule providing that awards shall not be reduced by the amount of any charitable contributions. I. INTRODUCTION The Act contains six titles; most concern assistance to the aviation industry. Title IV of the Act, of central importance here, establishes the Fund "to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001." Act § 403. Title IV authorizes the designation of a Special Master to review claims for compensation and to determine the size of any award to eligible individuals. Act §§ 404-06. Subject to certain exceptions, claimants waive the right to file any action for damages sustained as a result of the terrorist-related aircraft crashes. Act § 405(c)(3)(B)(i). NPCCs comments concern the proper interpretation of the provisions of Title IV governing "collateral source" compensation. The Act defines "collateral source" to mean "all collateral sources, including life insurance, pension funds, death benefit programs, and payments by Federal, State or local governments related to the terrorist-related aircraft crashes of September 11, 2001." Act § 402(4). Collateral source compensation affects both the size of an award and the scope of a claimants waiver of other remedies. With respect to the awards size, Section 405(b)(6) of the Act directs the Special Master to "reduce the amount of compensation [to which the claimant is entitled] by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the terrorist-related aircraft crashes of September 11, 2001." With respect to the scope of a claimants waiver of other remedies, Section 405(c)(3)(B) provides that a claimant does not waive the right to bring "a civil action to recover collateral source obligations." Pursuant to the Attorney Generals rulemaking authority under Section 407 of the Act, the Department issued the November 2001 Notice to solicit comments on a variety of topics concerning the Funds administration, including "how to determine what constitutes a collateral source for purposes of [Section 405(b)(6)]." 66 Fed. Reg. at 55904. Noting the "strong policy reasons for excluding charitable contributions from the definition of collateral source," the Department has requested views on "whether the Act indeed permits the Department to exclude such contributions." 66 FR at 55904. NPCC submits that the Act does permit the Department to exclude charitable contributions from the definition of "collateral source compensation" and, thus, awards from the Fund should not be reduced by the amount of any charitable contributions. II. COMMENTS A. Congress did not intend to include charitable contributions within the meaning of "collateral source compensation" under Section 405(b)(6) of the Act. When interpreting the Act, the Departments ultimate goal should be to give effect to Congresss intent. FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (2000). Several sources guide the search for that intent, including "the statutes language, structure, subject matter, context and history." Almendarez-Torres v. United States, 523 U.S. 224, 228 (1998). In this case, those sources strongly support the view that Congress did not intend the Special Master to reduce victims awards from the Fund by the amount of charitable contributions. 1. The Act does not expressly reduce awards by the amount of charitable contributions; the best interpretation is that it was intended to reduce awards only by the amount of legal entitlements that constitute "compensation." The Act does not expressly include "charitable contributions" within the definition of "collateral source." Section 402(4) of the Act explicitly lists "life insurance, pension funds, death benefit programs, and payments by Federal, State or local governments related to the terrorist-related aircraft crashes of September 11, 2001." Not only is charity omitted from this list, each item in the list refers to some form of legal entitlement. The entitlement arises either by operation of contract (in the case of life insurance, some pension funds, and some death benefit programs) or by operation of law (in the case of government programs). Moreover, Section 405(c)(3)(B) refers to "civil actions to recover collateral source obligations." The phrase "collateral source obligations" in that provision could not possibly refer to charity, but only to legal entitlements. This strengthens the conclusion that charity is excluded. Charitable contributions do not fit within the language used to describe the Acts scheme any more than help from parents or siblings would. Victims do not have a legal entitlement to receive charitable contributions. One cannot sue a charitable institution for failing to provide the desired level of assistance as one could an insurer or a pension fund. Instead, victims receipt of charitable contributions depends entirely on the donors munificence. Moreover, and importantly, charitable contributions do not "compensate" their recipients, as Section 405(b)(6) requires. Cf., e.g., Benshoff v. City of Va. Beach, 180 F.3d 136, 145-46 (4th Cir. 1999) (municipal firefighters not "employees" for purposes of Fair Labor Standards Act because they had "volunteered their services . . . for personal and charitable reasons, without promise or expectation of compensation") (citation and internal quotation marks omitted); Thompson v. Sullivan, 928 F.2d 276, 277 (8th Cir. 1991) (man who suffered from violent seizures not engaged in "substantial gainful activity" for purposes of regulations governing Supplemental Security Income benefits because his earnings were a function of charity rather than compensation); Waco Lodge No. 166, Benevolent & Protective Order of Elks v. C.I.R., 696 F.2d 372, 374-75 (5th Cir. 1983) (beverages provided gratuitously by fraternal organization to bingo parlor workers not "compensation" under Internal Revenue Code because "it could not seriously be argued that the workers were induced to work for this compensation"). While it is true that Section 402(4) provides that "compensation" from "collateral sources" means "all collateral sources," Congresss use of the term "all" does not demonstrate that it intended to sweep charitable contributions within the statutes ambit. It merely means that, whatever Congress meant by "collateral source compensation," all such items must be deducted from a Fund award. The use of the word "all" does not mean that "collateral source compensation" includes every monetary resource that becomes available to a victim. Nothing in the legislative history suggests that legislators believed that the awards from the Fund would be reduced by the amount of charitable contributions. To the extent that legislators did address the Fund, their comments reflect a concern with aiding the victims, not reducing their recovery by penalizing them for their receipt of charitable contributions. See, e.g., 147 Cong. Rec. S9594 (daily ed. Sept. 21, 2001) (statement of Sen. Hatch) ("We provide a generous administrative remedy for all victims who were physically injured or killed as a result of this attack. This will help ensure that injured people receive money and receive it faster than they otherwise would if left to pursue claims through litigation."). The only specific reference to the Acts collateral source provisions is the floor statement of Senator Leahy, and his comments do not suggest that Congress believed it was directing that awards be reduced by the amount of charitable contributions. 147 Cong. Rec. S9599 (daily ed. Sept. 21, 2001) ("When making a determination, the Special Master will take into account any life insurance, death benefit, or other government payment received by the victims and their families."). In light of the absence of charitable contributions from the Acts list of collateral source payments and the total absence of comments suggesting that Congress intended to reduce Fund awards by the amount of charitable contributions, the Department should not adopt an interpretation at odds with the Act and its legislative history. A hypothetical application of Section 405(b)(6) demonstrates the absurdity of including charitable contributions under the Act. Under the Act, the Special Master reduces an award by the amount of "collateral source compensation" only if the victim "has received or is entitled to receive" the compensation. Act § 405(b)(6) (emphasis added). Consider two victims who have suffered the same amount of damage except one victim receives a charitable contribution one day before the Special Master renders an award while the other victim receives it one day after the Special Master renders an award. If the Act applied to charitable contributions, the Special Master would be forced to treat these two victims differently. Because the first victim had received the charitable contribution before the award had been rendered, Section 405(b)(6) would require the Special Master to reduce the first victims award by the amount of the contribution. But, because the second victim would not be "entitled" to receive the charitable contribution, the Special Master would not reduce the second victims award. Congress could not have meant for the size of an award to turn on the timing of a victims receipt of charity or the timing of the Special Masters award. Thus, the statutory scheme makes sense only if "collateral source" does not include charitable contributions. 2. Congress did not expressly depart from the common-law rule prohibiting damages from being reduced by the amount of charitable contributions, and cannot reasonably be assumed to have done so silently. Congress does not depart lightly from well established common-law traditions. Astoria Fed. Sav. & Loan Assn v. Solimino, 501 U.S. 104, 108 (1991) ("Congress is understood to legislate against a background of common-law adjudicatory principles."). As a result, Congressional enactments should not be construed to upset those traditions (and citizens expectations built on them) unless Congress has spoken clearly on the subject. Ibid. ("[W]here a common-law principle is well-established courts may take it as given that Congress has legislated with the expectation that the principle will apply except when a statutory purpose to the contrary is evident.") (citation and internal quotation omitted). At common law, courts did not reduce a victims damages by the amount of any compensation received from third parties. See generally Restatement (Second) of Torts § 920A. While the typical case involved payments by the victims insurer, courts also refused to reduce a victims damages where the victim had received gratuitous benefits or payments from third parties. See, e.g., Dewitz by Nuestel v. Emery, 508 N.W.2d 334, 340-41 (N.D. 1993) (declining to reduce damages by amount of gift); Johnson v. Baker, 719 P.2d 752, 756 (Kan. Ct. App. 1986) (refusing to reduce plaintiffs damages by amount received in grants and scholarships); New Found. Baptist Church v. Davis, 186 S.E.2d 247, 249 (S.C. 1972) (refusing to reduce plaintiffs damages by amount equivalent to value of gratuitous services); see generally 1 Dobbs Law of Remedies § 3.8 (1) at 373 (2d ed. 1993) (collecting cases); 4 Harper, James & Gray, The Law of Torts § 25.22 at 661 (2d ed. 1986) (collecting cases); Werner v. Lane, 393 A.2d 1329, 1335 (Me. 1978) (collecting cases). The history surrounding the Acts passage counsels special caution in this case. As noted above, nothing in the legislative history suggests that Congress believed that the Act was modifying the treatment of charitable contributions under traditional principles of damages law. Moreover, Congress passed the Act a mere ten days after the terrorist attacks on the United States. Congressional committees did not produce any reports on the bill. While general hearings on the financial state of the airline industry took place, none of these hearings addressed compensation to victims. Consideration of the Act on the floor of Congress was similarly limited. Only one hour of general floor debate was allowed in both Houses. According to one Congressman, the "bill itself was drafted in the dead of night and [had] not been available to most members until a few hours before the vote." 147 Cong. Rec. H5914 (daily ed. Sept. 21, 2001) (statement of Rep. Conyers). Congress could not have intended to override a centuries-old principle of damages law without a moment of debate or recorded consideration. B. Including charitable contributions within the meaning of "collateral source" would thwart the Acts purposes. Interpreting the Act to reduce awards from the Fund by the amount of charitable contributions would undermine the Acts purposes in at least three respects. First, it would discourage individuals from using the claims adjudication process. Second, it would discourage future acts of charity. Third, it would complicate the claims adjudication process. 1. Reducing awards by the amount of charitable contributions would discourage use of the claims-adjudication process. The Acts claims procedure is optional, and victims who do not opt into it remain free to pursue private litigation. Section 405(c)(3)(B)(i). The Fund is simply put in the place of the airlines themselves as a source of payment of liability claims. Also, Congress obviously wanted to encourage victims to participate in the claims-adjudication process. In addition to the general benefit of reduced litigation, widespread participation in the claims-adjudication process would limit the airlines financial exposure because participants would waive any civil actions against them. Act § 405(c)(3). A high participation rate in the fund also would enable the United States to serve as subrogor for a greater portion of the victims claims. Act § 409. As subrogor, the United States could decide whether a particular claim against a particular defendant, such as an airline or a foreign state, impedes particular political, diplomatic, or economic prerogatives. See, e.g., 147 Cong. Rec. S9594 (daily ed. Sept. 21, 2001) (remarks of Sen. Hatch) ("[T]he Federal Government can recoup, to the extent possible, any money from responsible parties, including the terrorists whose assets we may be able to recover in the future."). Interpreting the Acts definition of "collateral source" to include charitable contributions, however, would undermine those congressional purposes. As noted above, courts traditionally have not reduced damage awards by the amount of charitable contributions. If charitable contributions did reduce recoveries from the Fund, victims would be less likely to opt into the Fund and, instead would pursue civil litigation where their recovery would not be offset by any charitable contributions. The consequent decline in participation would reduce the governments ability as subrogor to regulate litigation against particular states, companies, and individuals. To avoid these perverse effects on participation in the Fund, the Department should not interpret the Act to reduce awards by the amount of charitable contributions. 2. Reducing awards by the amount of charitable contributions would discourage future acts of charity. This country enjoys a longstanding tradition of charitable activity. Countless laws embrace that tradition and encourage that activity. See, e.g., 26 U.S.C. § 170 (permitting individual income tax deductions for charitable contributions); see also Arambula v. Wells, 72 Cal. App. 4th 1006, 1012 (Ct. App. 1999) ("The concept of charity is embedded in basic notions of civic virtue, finding expression in legislation ranging from tax laws to wills and estates and many others."). The outpouring of support in the wake of the September 11 terrorist attack provided compelling evidence that many Americans believe strongly in that tradition. Reducing victim awards by the amount of charitable contributions would fly in the face of that tradition. Donors might well be more reluctant to give if they believed that their donations actually might reduce a victims ultimate recovery. See Hotel & Rest. Employees Local 25 v. JPR, Inc., 136 F.3d 794, 805 (D.C. Cir. 1998) (noting that damages are not reduced by the amount of charitable contributions "to ensure that the benefit of the gift accrues to the donee, not to the tortfeasor"); Glorious Church of God in Christ v. Aetna Cas. & Sur. Co., No. LC-1227-3, 1998 WL 972132 at *3 (Va. Cir. Ct. Mar. 9, 1998) (noting the "chilling effect" on donations if evidence of contributions could be used to reduce a plaintiffs recovery). NPCC recognizes that the Fund presents an unusual application of collateral source principles. The Fund does not involve payment to a single plaintiff but, instead, distribution of a common pool of resources to multiple claimants. Additionally, some contributors conceivably might object to the possibility of paying twice for a victims injuries, first by means of a contribution and later through general revenues. Nonetheless, these distinctions should not cause the Department to reduce Fund awards by the amount of charitable contributions for two reasons. First, reducing awards by the amount of charitable contributions would undercut the theory behind the common-law rule on charitable contributions. The theory underpinning the rule is that tortfeasors should not benefit from the munificence of third-parties. While, in this case, the tortfeasor is absent from the claims-adjudication process, the Fund effectively satisfies a judgment that the tortfeasor ordinarily would pay and so stands in the tortfeasors shoes. As a result, the policy reasons underpinning the common-law rule should apply to the Fund. A contrary rule -- permitting damage reductions for charitable contributions -- would undermine the stability of the common-law rule and set a dangerous precedent for future cases. Second, as noted, permitting a reduction in awards from the Fund by reason of the receipt of charitable contributions would simply encourage victims to bypass the Fund and sue the airlines, a result directly contrary to Congress intent in creating the Fund. Third, reducing awards by the amount of charitable contributions would undermine the governments ability to operate as subrogor. The Act grants the government a right of subrogation with respect to any claim paid under the Act. Act § 409. A rule that reduced a claimants recovery would reduce the scope of the governments subrogation right and, thereby, would limit the governments ability subsequently to recover funds from the responsible parties. 3. Reducing Fund awards by the amount of charitable contributions would complicate the claims adjudication process. Congress recognized that time is of the essence in adjudicating Fund claims. Thus, the Act prescribes a maximum period of 120 days for the Special Master to act once a claim has been filed. Act § 405(b)(3); see also 147 Cong. Rec. S9599 (daily ed. Sept. 21, 2001) (Statement of Sen. Leahy) ("We have devised a plan that means prompt filing, quick review, and prompt payments to victims and families."). It also requires the Special Master to authorize payment within twenty days of a determination about the compensation due. These deadlines are easy to meet if collateral sources include only the types of legal entitlements listed in the statute. In the case of life insurance, pensions, death benefits, and other government programs, the amount of the entitlement often is readily ascertainable by reference to a policy value or program criteria. Moreover, even where there is some doubt over the victims eligibility, the Act preserves the victims ability to file an action to recover on a collateral source obligation. Act § 405(c)(3)(B). Including charitable contributions in the calculation of the damage award would complicate the adjudicative process. First, it may be difficult to establish whether a particular contribution was given due to the terrorist attacks or for an independent reason. If the Special Master makes an erroneous determination about the victims receipt of a charitable contribution, the victim lacks any legal recourse -- the Special Masters decision is not subject to any judicial review, Act § 405(b)(3), and, unlike the case of insurance or a pension, a disappointed victim cannot sue a donor or charitable institution. Second, administrability problems are particularly acute when the victim has received in-kind assistance. The Special Master would be forced to make special efforts to try to ascertain the value of such donations. This additional delay and complexity in the claims process would frustrate Congresss expressed goal of speedy claims adjudication. III. CONCLUSION For the foregoing reasons, NPCC respectfully urges the Department to exclude charitable contributions from the definition of "collateral source" under Section 405(b)(6) of the Act. Respectfully submitted, Comment By: THE NONPROFIT COORDINATING COMMITTEE OF NEW YORK September 11 Email: Date The local time and date when the message was written. 2001-11-26 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 dojW000626.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. 2001-11-26 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 8:19 PM Help same sex partners of terrorist victims Dear Mr. Zwick: The very humane Fund for relatives of victims of the September 11 terrorist attacks must include all relatives of all the victims. This importantly should include the partners and children of same sex unions. They suffer just as grievously for their deceased loved ones as do other survivors, and their need for assistance is just as great. Please do not give in to the importuning of callous homophobic groups and individuals who would have the Department of Justice limit compensation to survivors of heterosexual unions. They are interested in a political victory, not humane assistance. This Fund is intended for humane purposes; it is not a political statement, Mr. Zwick. Sincerely, Individual Comment Hansville, WA 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 dojN001695.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. 21, Dec. 01 Director Zwick, Regarding the recent decision for the amount of compensation for the families of the 9/11 attack on the world trade center. I feel that the ones who feel that they are not receiving enough to compensate for their loss. As traumatic as it was, and as much as I feel for them. Is their shock and loss any greater then any one who looses a loved one suddenly, in a untimely accident or death? They sure don't receive ONE POINT SIX MILLION DOLLARS. Tax breaks, or any of the many other benefits that they are receiving. My feeling is they are showing a lot of greed, and have engaged the services of equally greedy lawyers. Individual Comment North Brunswick, New Jersey September 11 Email: Date The local time and date when the message was written. 2002-02-15 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 dojN002595.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. 2002-02-15 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 06, 2001 2:06 AM To whom it may concern- I do not believe it is fair to discriminate against gays and lesbians in giving compensation for the horrible events that took place on September 11. Nothing can ever replace what anyone has lost, and not giving them the same benefits as everyone else is childish and will only hinder the healing process. Sincerely, Individual Comment 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 dojA001095.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. Sunday, November 18, 2001 10:15 PM I feel that payment to compensate victims of 9/11 should be made without regard to life insurance received. This compensation has nothing to do with anything other than trying to compensate those that have been affected directly by the events of 9/11. No person shall be penalized because of other monies that were received for something they were entitled to as a matter of protocol when they lose a loved one or significant other. Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-18 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 dojW000381.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. 2001-11-18 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 31, 2002 6:30 PM Exclusion of Gay Americans from the 9/11 Victim's Comp. Fund To Whom it May Concern, I am astonished at the decision by Mr. Feinberg to exclude gay Americans who lost their lives on September 11 from those whose families would be eligible to receive the benefits that our tax dollars are funding through the Victim's Compensation Fund. Who in the world could countenance such discrimination? Who in all the world would believe that the US Government would use a time like this to express it's disdain and disapproval for gay Americans who lost their lives in the horror that was September 11th? We call ourselves a civilized nation, and President Bush speaks often of the patriotism of America. This action by Mr. Feinberg is neither civilized nor patriotic. It is absolutely shameful. God is surely offering an equal reward to all those innocent victims who perished that day, but leave it to the US Government to second guess God and deny equal treatment to their families. Comment By: Mayor Karen Geraghty Portland, ME September 11 Email: Date The local time and date when the message was written. 2002-03-31 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 dojR002841.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. 2002-03-31 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 22, 2002 2:32 PM Victim's Compensation I have two significant concerns relative to my understanding of the victims compensation guidelines. First, I am concerned by the precedent that offering any compensation at all sets for future (and past) terrorist activities. The United States Government is not in the least responsible for the actions taken by the September 11 terrorists, and so I wonder why the government would offer compensation. To me, an offer to pay seems to admit some level of responsibility. Also, what makes the victims of September 11 any more damaged than victims of any other terrorist (domestic or foreign) act? Yet, to my knowledge, we did not and do not offer or promise similar compensation to other victims or their families. I believe that compensation to victims should be limited to that which is available to them from private (non-government) charities. Second, if compensation is to be paid, why should the amount be reduced by the victim's life insurance, pension, or other benefits? This would seem to be penalizing those people who plan for the uncertainties of life. All of the unfortunate victims of September 11 were much more likely to lose their life on the way to or from work than to die in a terrorist attack. People who understand the everyday risks of life set money aside to protect their family should an accident occur. They sacrifice today's pleasures to provide security for tomorrow. Yet, the victim's compensation guidelines, as I understand them, will now make those investments in security worthless. The victim's compensation guidelines will do this by reducing their family's payout by the amount of protection that THEY PURCHASED during their lifetime. This would certainly not encourage a person to demonstrate such responsibility in the future. I believe that, if compensation is to be paid, all victims should be treated equally. To me, that means each person should receive exactly the same payout regardless of what other protections they had purchased during their lifetime. Those who provided additional security for their family should not be penalized. That's my input. Please understand I feel a great deal of compassion for all the victims of September 11. I personally have contributed to many of the private agencies who provide relief to victims. I'm just concerned by the precedents we will now set in terms of compensation from the federal government. Thank you for the opportunity to provide input. Individual Comment Midland, MI September 11 Email: Date The local time and date when the message was written. 2002-01-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002277.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-22 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 Ann Arbor, MI 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 dojA004640.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, March 21, 2002 4:06 AM Let's Be Fair 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 hope and expect that this policy will change immediately. Sincerely, Individual Comment New orleans, LA September 11 Email: Date The local time and date when the message was written. 2002-03-21 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 dojR002467.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. 2002-03-21 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. Saturday, January 26, 2002 4:28 PM Why should we pay them anything? Why are MY tax dollars being used to make people wealthy? What did the government do that was negligent? What did the airlines do that was negligent? Nothing! This was/is the price of living in a free society. We need to eliminate ALL terrorists not make victims millionaires! Let them go ahead and sue, just make sure that justice IS served. If there was no negligence don't lets a bunch of (expletive) lawyers twist things around to find ANY miniscule, minor thing to place the blame. This is a perfect time to reform out litigation process. Things have become insane allowing people to sue AND WIN for anything. This is what insurance is for. People are suddenly killed all the time. This WAS tragic, I hope we all learned from it. However, no one but the terrorists are at fault! This is a dangerous precedent that should not be allowed. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-01-26 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 dojP000175.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. 2002-01-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, January 21, 2002 8:56 PM Interim Final Rules/September 11 Victim Compensation Fund of 2001 Darien, CT 19 January 2002 Kenneth L. Zwick, Director Office of Management Programs Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue Washington, DC 20530 Dear Mr. Zwick: I wrote to you last on 17 November 2001 regarding the initial regulations on the September 11th Victim Compensation Fund of 2001. It is now the 19th Saturday night I have spent alone with my three-year-old daughter since our world came to a crashing halt on September 11th, 2001, when my wonderful husband of almost 12 years, , met his untimely demise at the hand of Islamic terrorists at a mere 36 years of age. The first snow of the New Year falls outside my window and I wonder whether his unfound remains are blanketed at the World Trade Center or, even more unthinkable, at the Freshkills landfill in Staten Island. I have thoroughly reviewed the Interim Final Rules to the September 11th Victim Compensation Fund of 2001 as published on 20 December 2001. My initial reaction was one of disgust and revolt. My position has softened somewhat after having attended a meeting for the surviving families of employees (the company with whom my husband was associated at the time of his death) with Special Master Feinberg this past Tuesday, January 15, 2002 in New York City. I must say that I found Mr. Feinberg to be straightforward, informative, considerate of the many individual issues that surround just compensation, polite, amusing, and humanistic. He displayed an appropriate sense of humor, as much empathy as anyone who has not experienced the gut-wrenching effects of this horrible atrocity for themselves, and yes, a certain level of arrogance (which is not always a negative attribute). He handled most every inquire with eloquence and aplomb. I am writing today with the hope of receiving firm reassurance of the many points that were addressed by Mr. Feinberg which are paramount to me and the many surviving families of specifically, and the surviving families of victims in general. While the following interpretations of the Interim Rules are mine alone, they are based upon taped comments provided by Mr. Feinberg at the 15 January meeting. 1. Issues of Collateral Offsets: Mr. Feinberg assets that, according to the statute, "life insurance MUST be offset". He further asserts that "I have no control over that." He went on to state that because this is the way that the statute was written, that only Congress could change the law, and that this was "highly unlikely." I accept this and will take this issue up with my Congressman. I will similarly urge others in my position to write their Congressman in order to modify this statute. As you must be aware, many of us feel that to offset proceeds received from life insurance amounts to penalization for adequate financial planning and foresight. In light of the life insurance collateral offset however, Mr. Feinberg stated, "I am determined to try and maximize the amount of awards that will go to individual families." He asks how he will do that in practice, and answers his own question. He says he will minimize the scope of offsets and cites, in particular, worker's compensation and pensions. "Some pensions are funded by the victim (that died). That amount of the pension will not be offset-that's the victim's contribution." Mr. Feinberg commented that in some states, any award made by worker's comp would have to be subtracted as collateral and given back to the compensation carrier. He said, "That's not a benefit to the victim or his family. So I do not want to offset Worker's Comp." "I will do whatever I can to try and minimize the harshness of the offsets." How can the Special Master and the DOJ subtract as collateral payments by worker's comp and Social Security? The continuing payment of these benefits is stringently regulated and will certainly vary for those who return to the workforce, remarry, or, in a worse-case scenario, die. How can these determinations be made now and on what basis? 2. Issue of Economic Loss: Many in attendance were primarily concerned about the perceived cap which would limit compensation for earnings above $230,000. Mr. Feinberg emphatically stated, "THERE IS NO CAP." He further went on to state "and the amended regulations will spell out that THERE IS NO CAP." Mr. Feinberg explained that the "perceived" cap idea came from the fact that $230,000, nationally, is 98% of the workforce according to the Bureau of Labor Statistics and the Bureau of the Census. He further stated that this 98% of workers has a "presumptive" award. He stated that if one could show that earnings would exceed $230,000 per year, a hearing could and should be employed to demonstrate that earnings would exceed $230,000 per year. He said that it would be the claimant's choice whether to proceed with solely a "paper" documentation of earnings or whether to proceed through a full hearing process. He urged us to carefully review our W2s and tax returns. Mr. Feinberg then proposed the scenario of an individual whose earnings exceeded $230,000 per year. Mr. Feinberg asserted that there is no presumptive award for those earning over $230,000 per year because the Bureau of Labor Statistics and the Bureau of the Census said they did not have the appropriate figures as there were so few (less than 2% nationally) that earned over that amount. Mr. Feinberg went on to say that for those who provided an argument that $230,000 is too low, "we will compute a number, an award, higher than the $230,000." He further asserted, "I want everyone to understand that there is no requirement in these regulations, on this program, to cap people who make more than $230,000 at $230,000. This is incorrect and, I believe, inequitable." Subsequent to this statement, many in the audience cited concern over a paragraph in the Interim Final Rules which states, "Claimants should not expect awards grossly in excess of the highest awards listed on the Special Master's presumed ward chart, as the individual circumstances of the wealthiest and highest-income claimants will often indicate that multi-million dollar awards out of the public coffers are not necessary to provide them with a strong economic foundation from which to rebuild their lives. It is our view that, absent extraordinary circumstances, awards in excess of $3 million, tax-free will rarely be appropriate in light of individual needs and resources." Mr. Feinberg emphatically responded that "nowhere in these regs do we adequately address anybody earning more that $230,000." Upon further discussion and exploration of this topic, Mr. Feinberg stated, "I am saying that you guys are a legitimate exception to the benchmark." I dare say that all in attendance at this meeting were relieved to hear Mr. Feinberg's comments regarding the perceived earnings cap. It is my perception that many of us would like to proceed with application into the fund knowing that our lost spouses and loved ones full earning potential was taken into account. We feel comfortable having to bear the burden of proof in demonstrating both current earnings and earnings potential. I think the trouble lies with the fact that the Special Master and the other authors of these Interim Final Rules were unable to procure reliable, concrete settlement data for those in the higher income brackets. It would seem to me that, given the circumstances and the level of those inquiring, that this information could have been provided from any variety of reliable sources. The IRS has plenty of tax tables and percentages to figure out the yearly tax bill for those earning over $230,000. Why is the Department of Justice having so much trouble finding reliable compensation data for the country's top wage earners? I would urge the Special Master and all others involved in the modification of these Interim Rules to delve a bit deeper. We, the surviving families of the victims, implore the DOJ to use up-to-date earnings models which capture the real potential of the demographics within the affected areas. I would also implore the authors to provide concrete data for those with earnings over $230,000, and to provide "presumptive" based on earnings up to at least $4,000,000 per year. 3. Suggestions for Moving Forward: Mr. Feinberg freely asserted that "anybody here who isn't coming into The Fund has made a terrible strategic mistake. There's no place to go but this Fund. My big problem is not that people will opt to litigate, my big problem is that there's no where to but this fund, so it had better be fair. That's my problem." In order to ensure a certain comfort level with the Fund, Mr. Feinberg suggested the following: -While not absolutely necessary, it may be important to have one's attorney prepare a "wonderful" brief citing W2s, tax forms and/or any pertinent employment contract data to support case of extraordinary earnings over $230,000. -Resolve to be heard by requesting a hearing and making one's particular case known by presenting to the Special Master or his representative. -Wait and see. "Watch what we do. Allow us to set a benchmark by which our good intentions will be judged." -Avail oneself of a "dry run." The Special Master seemed to advocate the practice of claimants and their counsel of posing hypothetical earnings scenarios to representatives at area Fund offices without making official application to the Fund. I would think that anyone unsure as to the amount of a "presumed" award would welcome the opportunity to propose a "hypothetical" scenario to one of the Special Master's representatives. I would further assume that many of us would like to avail ourselves of this exercise even given a table of presumed awards for those whose earnings exceeded $230,000. This goes back to one of the most basic concerns for many families, expressed time and time again quite early on: please allow us an adequate indication of our settlement before we completely waive our rights to pursue alternative means of compensation! 4. Issues of "Presumptive" Collateral and Consumption: Mr. Feinberg touched briefly upon these issues, but I dare say that most of us were left utterly confused as to how these discounts would affect the final settlement. Mr. Feinberg used the argument of "presumptive" collateral and consumption to illustrate why it would be important for many claimants to go through the hearing process. He said that one reason the Interim Final Regulations indicated that it would be rare for a particular claimant to receive an award in excess of $3 million is the "national assumption that those (the upper 2%) earning over $230,000 have HUGE collateral offsets. That the person making $1 million per year has $5 million worth of insurance." He also said that "the computation of economic loss takes into account not only the amount of revenue generated, but discounts for your current lifestyle." I, for one, feel that this is a heck of an assumption-particularly in light of the fact that so many who died were so young! I'd hate to think that the Special Master will penalize me for having the appropriate amount of life insurance, but will he also penalize me for being underinsured? Further, if you are going to discount my husband's earnings by assumptions of consumption, will I be penalized for having savings in the bank? The Special Master and the DOJ can't have it both ways! 5. Issue of Non-Economic Loss: Mr. Feinberg cited this as "public enemy number one," and many in our audience were incensed at the amounts being suggested under the present Interim Final Regulations. Mr. Feinberg conceded that "any number is arbitrary," and went on to explain that this number was a reflection of federal law for non-economic compensation awarded to public servants such as fire and police personnel. Many in the audience argued that our loved ones were not public servants and should not be compensated as such, particularly in light of the generous pensions and other benefits that are often part of such a public employee's compensation package. If any number is truly arbitrary, why not raise the non-economic settlement award to an amount that reflects the supreme sacrifice these civilians and their families made unwillingly and unknowingly? So much rhetoric is bandied about-that the victims are true war heroes. Compensate them accordingly!! Never let it be forgotten that our government-our Central Intelligence Agency, Immigration and Nationalization Service, Federal Aviation Administration-are directly responsible for the mass incineration of over 2,700 tax-paying, private-sector business people-not civil or public servants. Further, Mr. Feinberg said that the non-economic portion of the settlement was built in to the "presumptive" awards as indicated on the charts. Are deductions being made for the assumptions of consumption as discussed above? It was somewhat comforting for the families to hear Mr. Feinberg concede that he absolutely could not begin to feel the way we, the surviving spouses, children, parents, partners, fiancées and friends, feel. He assured us that "I'll do my best. I consider myself working for you people. I'm going to maximize the dollars to you people. I think it is absolutely fair for people to say to me, 'nice words. Where was it in the regs?' I'm trying to change what I can change. What I can't change, hopefully I'll exercise my discretion to carry out your objectives." I and the rest of the surviving families could not hope for more of a promise. Our welfare and the future of our children depend on these promises made by Special Master Feinberg. I implore you, Mr. Zwick, the members of the Department of Justice, our elected representatives, senators, and the President, George W. Bush, to ensure that the final regulations to the September 11th Victim Compensation Fund reflect these promises and assurances. We are all depending upon you. Many thanks for this opportunity to comment. Respectfully yours, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-01-21 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 dojN002196.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. 2002-01-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, November 07, 2001 12:39 PM help Hi I live in gateway plaza and have had to pay for my cleaning myself. I have also had to replace my bed and various other furniture without much compensation. I recieved some rental assistance from FEMA from the time I was displaced which was 6 weeks. However they refuse to pay for my cleaning and my furniture being replace. This has been a very trying time for my family and any help would be appreciated. Thank you Individual Comment New York, NY September 11 Email: Date The local time and date when the message was written. 2001-11-07 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 dojW000181.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. 2001-11-07 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 1:58 PM gay & lesbian survivors Dear Mr. Zwick, I am dismayed by your decision to "follow state law" in the determining of eligibility of domestic same-sex partners. This policy only compounds the tragedy and loss, adding an extraordinarily offensive insult to a grievous injury. If you can ignore immigration laws, why can't you ignore the lack of legal sanction for gay and lesbian "marriages"? It's unfair and outrageous. I hope you will reconsider and do the right thing. Sincerely, Individual Comment Reno, NV 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 dojR001942.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 9:26 AM Equal access to relief benefits December 19, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Austin, TX September 11 Email: Date The local time and date when the message was written. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA002903.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