711 20 70359 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 15, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately, both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment White Salmon, WA September 11 Email: Date The local time and date when the message was written. 2001-12-15 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA005317.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-15 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Friday, December 07, 2001 12:25 AM Victim Compensation Fund Dear Mr. Zwick: I am writing in response to the Department's request for public comments regarding the forthcoming regulations for implementing and administering the "September 11 Victim Compensation Fund." I strongly urge the Department to draft regulations that ensure compensation is available to all victims of the attack, including the committed partners and the non-biological children of gay and lesbian victims. It is unquestionable that the devastating grief and economic losses suffered by the families of gay and lesbian victims are no less than that of other families. Just as the terrorists drew no lines in choosing their victims, our country must draw no lines in compensating those who suffered the most personal of losses from these horrific attacks. Many Americans lost their lives on September 11, each of whom left behind loved ones. I urge the Department to honor these bonds by treating the families of gay and lesbian victims as you would any other. Sincerely, Individual Comment Madison, WI September 11 Email: Date The local time and date when the message was written. 2001-12-07 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 dojA001250.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. 2001-12-07 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. Wednesday, December 19, 2001 12:36 PM equal access regardless of sexual orientation or marital status 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 SACRAMENTO, CA September 11 Email: Date The local time and date when the message was written. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA003225.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, March 12, 2002 12:00 PM Compensation for Gay and Lesbian Survivors Shame on you! You claim to not want to give compensation to gay and lesbian survivors because of state law. However, you are perfectly willing to give compensation to illegal aliens with no consequences. So, in your opinion, straight aliens are worth more than gay citizens? Again, shame on you. Individual Comment Chandler AZ September 11 Email: Date The local time and date when the message was written. 2002-03-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000421.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Sunday, December 30, 2001 11:28 PM Please help.... December 30, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment San Antonio, TX September 11 Email: Date The local time and date when the message was written. 2001-12-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN001246.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Friday, December 28, 2001 3:37 PM Urgent Action December 28, 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 Drums, PA September 11 Email: Date The local time and date when the message was written. 2001-12-28 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 dojN001049.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. 2001-12-28 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 19, 2001 12:57 PM 9-11 Re: Topic #5 on Claimant eligibility, I request you consider unborn Children who were killed alongside their pregnant mothers as a result of the 9-11 tragidy as "eligible Victims." Individual Comment Chandler, AZ September 11 Email: Date The local time and date when the message was written. 2001-11-19 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 dojW000388.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. 2001-11-19 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. 9 January 2002 To our Elected Officials: In the immediate aftermath of the tragic attack of September 11th upon our nation, Congress enacted the Victims' Compensation Fund of 2001 P.L. 107-42, to compensate the relatives of the victims of that brutal attack. As you know, this Fund was enacted as part of a comprehensive package which bailed out the airline industry and imposed restrictions on the rights of the victims' relatives to sue the airlines in court. We implore upon you, as our elected officials, to demand changes to the interim rules issued by Kenneth Feinberg, the Special Master. As it stands, Mr. Feinberg's self-imposed rules fail to satisfy the letter or the spirit of the legislation which was enacted. Specifically, we request that you act on our behalf and demand the following changes to the interim rules: 1. The arbitrary income limits imposed by the Special Master are not only unfair but also inconsistent with the letter and the spirit of the law. Those victims from the financial industry are specifically harmed by this limit. They were targeted and murdered precisely because of the jobs they held, and where they worked - the World Trade Center, the Financial capital of the world, the embodiment of financial success. Those who achieved such success should see that reflected in their awards. They personified American Business and commerce, democracy and freedom. We ask that you demand that Mr. Feinberg lift the arbitrary income limits so that each family can be treated fairly, commensurate with the support they provided their families before their death. 2. Mr. Feinberg has arbitrarily restricted the non-economic awards for pain and suffering, no matter what the extent of the pain and suffering. This is unacceptable. In the words of Rep. Peter King, "...every death is tragic. A murder is particularly tragic. But to have your loved one murdered in a burning building in full view of the world - in a scene which will be repeated in the media for decades to come - is a horror these families will never escape from.... The Special Master cannot take it upon himself to restrict the rights of the families." Therefore, we request that the interim rules be amended to more appropriately compensate the victims' families for the immeasurable pain and suffering endured by our loved ones. As Mayor Giuliani stated in his farewell address: "we have an obligation to the people who did die... Their families need to be protected just as if they had been alive, financially and every other way that we can help and assist their families.... There should be no compromise about that ever...." We request that the interim rules be amended and redefined to the extent that income caps be removed when computing economic loss and that compensation for pain and suffering more accurately reflect that horror which was suffered. Justice demands no loss. Sincerely, Individual Comment Garden City, NY September 11 Email: Date The local time and date when the message was written. 2002-01-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002408.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. 2002-01-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, March 16, 2002 2:32 PM 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. One of the heroes of the PA flight was a gay man!!!!! 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 dojR000989.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. Sunday, March 17, 2002 10:19 AM To whom it may concern: 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 feel that on this day we americans have become much more united and set our differences regarding race, color, sexual preferences aside. Gay couples have as much right to recieve benefits as heterosexual couples. We are humans, too, and americans. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-17 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001369.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-17 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. January 22nd, 2002 Special Master Feinberg Department Of Justice Dear Sir: How can you determine whose life is worth more than another? It does not matter if you are a bond trader or a janitor, 20 years old or 80 years old no mathematical formula could ever equate to the loss of a loved one. To be fair and equitable each victim's family should be given the same amount of compensation. Your position in life should not determine your value to your family. It's not the size of your wallet but the size of your heart that should determine your standing in life as well as in death. It is highly unfair for any deductions of life insurance or pension payments to be made. What that would amount to is a penalty for preparedness. Thank you for your time and consideration in this very import matter. Sincerely, Individual Comment Corona, NY Widow of World Trade Center Victim September 11 Email: Date The local time and date when the message was written. 2002-02-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002549.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-02-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, March 18, 2002 10:59 AM benefits Gay victims had families and loved ones too. Change your legalistic excuse making and recognize the realities this century. Fairness, justice and compassion requires that you compensate gay families for their loss if you do so for others. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001886.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, 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