718 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. Tuesday, January 15, 2002 9:19 PM 9/11 victims comp fund As part of the Airline Bailout Bill, the above subject fund was created. The purpose of the fund was to equitably compensate the victims' families and deter them from suing the airlines. At a meeting I attended about a week ago the special master of the fund led us to believe that economic loss, plus a 250,000 amount for non-economic loss would be used in the calculation.Economic loss would be annual earnings over a period of the persons working life [to age 62] Our son was 38 and earning approximately 30,000. Assuming he worked until age 62 he would have earned approximately 720,000 before any earnings adjustments for increases, etc. Based on the published tables figures, including 250,000 non-economic loss, we would get approximately 411,000 before any collateral offset.That would make his earnings loss worth 161,000 for 24 years-6400 peryear. That seems to be totally absured and unfair. In addition if he had one dependent child his award would be 594,000 instead of 411,000. The difference in the award should only be the non economic amount of 50,000. Since he did not have a child he is being penalized on his economic earnings. In addition, the total of this award must be reduced by any insurance proceeds. My son had a 50,000 policy provided by his company and 50,000 from workmens compensation. Reducing the award by that amount would net approximately 310,000. Is that amount what a 38 year old persons life is worth ? This award amount is totally inadequate and unfair. In our time of grief when the government is supposed to be helping us reach a quick settlement they are doing nothing but creating more aggrevation. for us. Based upon this very poor offer we are re-thinking our position about suing the airlines and others. , Parents PLEASE HELP. Individual Comment Bellmore, N.Y. 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 dojN001838.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. December 14, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately, both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Los Angeles, CA September 11 Email: Date The local time and date when the message was written. 2001-12-14 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA004604.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-14 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Friday, December 21, 2001 10:31 AM Support Equal Access to Crisis Relief Benefits for Surviving Gay and Lesbian Partners! December 21, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Burlington, VT September 11 Email: Date The local time and date when the message was written. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000402.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, January 22, 2002 5:48 PM in support of the current plan To Whom It May Concern: While I believe that household services should be calculated into the settlement award granted to each family, I am writing in support of the current plan. Families should be expected to waive their right to sue in order to receive the money. Lawsuits would only further injure this country and economy. There seem to be a number of misconceptions held by the families (as demonstrated by the interviews done on television). The government should press upon these families that parties regularly waive their right to sue when accepting a settlement. While I am sympathetic to their tragic losses, I, as someone who donated money to these people, am now hurt by the fact that this settlement, which far exceeds the average wrongful death settlement, does not seem to be enough for these families. The entire nation pulled together to support these people. They are now turning on the very people who rallied to help them by demanding the right to sue over a tragedy that could not have even been reasonably predicted. There is no claim here. The airlines were not negligent. They followed all the security measures required at the time. Nonetheless, the cost of litigating all the claims filed would be devastating for companies struggling to stay afloat. As previously stated, lawsuits would only force companies to do more lay-offs. Hasn't there been enough suffering? The current plan is generous and fair. The deductions being made are wholly appropriate. Further, any amount received from collateral sources should also be deducted. This is standard in determining tort damages. This case should be no different. Aside for my concerns about the estimated amount for household services, I feel it should be implemented in its current form. Thousands of people die unexpectedly and tragically in the country every year, and their families receive no compensation. We are being incredibly generous to these families. Shame on those who seek to take advantage of our generosity. Sincerely, Individual Comment Honolulu, Hawaii 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 dojN002316.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. Tuesday, March 19, 2002 7:17 PM Sept 11 Fund Please reconsider your decision on gay and lesbian partners of those killed on September 11th. It is not fair to deny these people the same benefits conferred to other family members of victims just because most U.S. state governments do not recognize domestic partners. You are willing to overlook laws regarding illegal aliens, so why not gays and lesbians? If September 11 has taught us anything, it's that our patriotism and love of country transcend our differences and unite us all. It would be ironic if the generosity of so many Americans in giving to the September 11th Fund were used to further divide us as a people and send the message that some American heroes are more equal than others. Individual Comment Philadelphia, PA September 11 Email: Date The local time and date when the message was written. 2002-03-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR002309.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 12, 2001 4:09 PM Protect the rights of unmarried partners and nonbiological children Attachment 1: Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice Dear Mr. Zwick: I am writing in response to the Department's request for public comments regarding the forthcoming regulations for implementing and administering the "September 11 Victim Compensation Fund." We have suffered a horrible tragedy in our country, and not one of us will ever be the same. This is especially true of those who lost family members in the attacks. People who donated to the charitable funds, including my family and me did so to help mend the pain in some small way for these victims. 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 San Antonio, TX September 11 Email: Date The local time and date when the message was written. 2001-12-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA001517.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, January 07, 2002 8:50 AM Comment Public Law 107-42 Dear Sir: My family, friends and I are not involved in the 911 disaster, thank God, However I disagree with this proposed settlement with the victims families. People should not be penalized because they had to foresight to plan for the future with life insurance and any other financial plans or employment selection. Why don't we calculate a dollar amount by using the victims age and earnings to project what he/she and their family would have if he/she did not die? Then set a standard value for the "pain and suffering" cost. This plan penalizes those who set aside money for the future, life insurance or by choosing a career in public service that has a retirement system. It should not be the government's concern as the dollar worth of a family it this situation. How can you tell a firefighter or police family that because they elected to pursue a career in the public sector (often the major benefit is the retirement plan and not the salary or work schedule) that their award will be reduced by the amount of money they receive from other sources? Lets be fair about this and not attempt to buy off the potential law suits by this initial $ 50,000 payment. Consider this: Take all the money in the fund and deposit it somewhere in an account and mail payments monthly to the victim's spouse/family in the amount that they would have been paid had they not died, continue this until the victim would have reached retirement age. Lets make this money tax free so they can purchase health and dental insurance etc., benefits that are lost without a job. This method would insure a continuing income and hopefully interest earned on the money deposited will offset some of the cost. All I ask is that the government do the RIGHT THING for these people. Regards from a retired (7/9/01) Police Officer Individual Comment Moriches, NY September 11 Email: Date The local time and date when the message was written. 2002-01-07 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 dojN001402.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. 2002-01-07 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. Date: Friday, Feb. 15th, 2002 Time: 4:45 p.m. TO: Mr. Ken Feinberg, Special Master Federal Compensation Program MESSAGE: Additional comments submitted following: your departure on February 11th Thank you. Comments Forwarded by State of California Victim Compensation and Goverment Claims Board WRITTEN COMMENTS (copy of e-mail, additional notes) by (p. 1/2) (E-MAIL SENT January 21st, 2002) To whom it may concern: My daughter, , died on Flight , a hero for her country. I went to the White House Reception for Family Members of Flight , and the Chief of Staff told us so behalf of the entire White House staff, who thanked us all individually as we left for the heroism of the passengers on that flight, which potentially saved their lives. I am dismayed by the interim rule for three reasons: (1) Obviously, I believe that the passengers on Flight were special. They took a vote to save the lives of their countrymen. They deserve some recognition of their heroism. To date, they and their families have received a quite nice reception at the White House, but little else. (2) Beyond the special circumstances of Flight as opposed to the passengers of the other flights, ALL passengers on ALL the flights of September 11th entered into a situation in which the airlines AND the governments, by extension and agreements with the airlines vis-a-vis airport security, were responsible specifically for their safety. The passengers on all of the flights should be compensated at a higher rate than those who were on the ground because of the inevitability of their fate once they were on the planes in comparison to the chance presence of victims on the ground at the sites where the planes went down. The airlines and the government (again by extension) were specifically responsible for my daughter and the rest of the passengers of Flight and the other planes. (Theoretically, the government is also responsible for the presence (and by extension the safety) of the staff personnel who were victims at the Pentagon.) (3) The interim rule proposes on the first page to avoid making calculations by income levels, etc., yet apparently on the following pages it outlines plans to do just exactly that. Such calculations do not address the loss to me and my daughter's mother of the POTENTIAL FOR JOY IN LIFE, watching our daughter complete her college course and enter into a productive life helping others as . My daughter's age and occupation as a student place her in a category which is addressed by "individual circumstances", without explaining what those individual circumstances are. I have described some of the individual circumstances which I think affect the "calculation" of loss caused by the death of my daughter as a passenger, as a hero, and as a potential source of joy in life which has been taken form me as a result of the poor security systems in place at Newark Airport. I expect that the interim rule will have to be amended in order to more adequately address the individual circumstances I have described. I am reluctant to accept the current form of this document as a model for the final compensation system. I understand the difficulty of developing this rule, and I hope to be able to see an improved final version and to be able to accept it. Sincerely, Individual Comment Stockton, CA WRITTEN COMMENTS (copy of e-mail, additional notes) by (p2/2) (REFLECTIONS AFTER evening of February 10th, 2002, Sacramento, CA) To Special Master Kenneth Feinberg: My daughter, , died on September 11th, along with thousands of other victims of the events of September 11th, 2001. In my previous e-mail of January 21st, I outlined three reasons why I disagree with the interim rules as it applies to my daughter's case. The following comments are amplifications of those items which I felt compelled to add after the meeting we had on February 10th. First, as a member of Flight 's heroic struggle, may daughter is a member of a class of people deserving recognition for having given their lives for their country in a special circumstance, including the consideration that the government was prepared, according to public statements, to sacrifice their lives by shooting their plane down if it had reached Washington or any other significant target. Second, my daughter and ALL passengers on ALL the planes involved were member of a class of people who entered into a specific agreement, by purchasing a ticket, to be given service and protection by the airlines. The airlines, through negligence in maintaining adequate security, were responsible for the conditions which allowed the terrorist to board the airplanes, attack the pilots, fly the planes, and ultimately kill those on board. In terms of measures taken or not taken to adequately provide security for the passengers on the plane, the U.S. government has long been - and still is - in close collaboration with the airlines in instituting or not instituting measures which are designed not so much to protect the passengers being served by the airlines, but rather designed to protect the airline form suits by parties related to the victims of September 11th is, in this way, very similar to the role the government has played in the past in reducing the requirement s for expenditures by the airline related to providing security both on and of the airplanes they operate. Third, the interim rule proposes to distinguish between rich people and poor people, between people who are worth more financially and economically and people who are financially and economically less able to provide for themselves and to seek adequate legal counsel, should they decide to press for legal redress outside of the compensation system proposed in the rule. Again, by rewarding more those who are most likely to be able financially to press individual suits, the interim rule has the effect, unintended or not, of "buying off" those who would most likely be able and subsequently choose to reject it. The skewing of potential awards by a ten-to-one ratio is insulting to any person who has lost a loved one, but particularly to those who are least likely to afford or have the resources to address that insult individually. The compensation should, at a minimum, endeavor to address the family members of those who died on September 11th, as members of a class who are EQUAL, rather than as members of different socio-economic classes. (father of , passenger on United Airlines Flight ) Individual Comment Stockton, CA Mr. Feinberg I heard that if they have a scholarship for children, but my son's sister is not available for it! Our priority and his priority was helped my daughter. If you can give me more information I will be happy. Thank you! Mother Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-02-25 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 dojP000544.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. 2002-02-25 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. Thursday, December 13, 2001 3:27 PM victim compenstaion Kenneth L. Zwick, Director Office of Management Programs Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue NW Washington, D.C. 20530 Dear Director Zwick: I am writing to support the position of the National Gay and Lesbian Task Force in their letter to you dated November 21, 2001 regarding disbursement of monies from the September 11 Fund. My partner of 20 years and I agree with the need for the Department of Justice to Department to "include among relatives eligible for compensation those who lost their life partners or de facto parents or children, regardless of sexual orientation and marital status." The horrific loss of loved ones to a random terrorist act should not be compounded by our own government denying survivors whatever benefits may be available simply because we fail to have laws to protect all of our citizens. Thank you for your attention to this matter. Sincerely, Individual Comment Idaho Springs, CO 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 dojA001585.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. Friday, December 21, 2001 12:44 AM Equality December 21, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Boerne, TX September 11 Email: Date The local time and date when the message was written. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000185.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 12:49 PM against discrimination for relief funds 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 Princeton, NJ 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 dojA003269.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, April 02, 2002 2:40 PM Compensation for Illegal Aliens How can you justify giving compensation to ILLEGAL ALIENS????????? I thoroughly resent your actions on their behalf. I suppose that you will also give compensation to the families of the bombers. It makes just about as much sense!! Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-04-02 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 dojR002881.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. 2002-04-02 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, December 04, 2001 8:50 PM Dear Mr. Zwick, I am writing as a concerned citizen regarding the implementation of victim compensation for relatives of victims of the September 11 crash. I am a college student in Indiana. I was apprised of the current situation by People for the American Way. I am deeply troubled that in this time of mourning, the family members of some families are being denied access to the compensation that President Bush promised them. How would the American people feel about that? Whatever President Bush's views on alternative families, the life partners of lesbian and gay male couples should not be denied money on the basis of one perspective on the meaning of "family values." Now is the not the time to be arguing over the morality of homosexuality - now is the time for this nation to be unified; whatever the President's personal views, discrimination is not justified - and now less than ever. I call on the administration to take this opportunity to show compassionate conservatism - and repudiate homophobia; hopefully, President Bush's earlier statements in this regard were not made simply to garner the gay vote. Let us see his consistency by demonstrating his concern for all affected by this tragic attack on America. Sincerely yours, Individual Comment Muncie, IN September 11 Email: Date The local time and date when the message was written. 2001-12-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000572.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 8:06 AM Please listen 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 Omaha, NE 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 dojA002719.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. Sunday, March 24, 2002 2:21 PM fair compenstion for all families Please consider fair compensation for all families. I am a lesbian Mom of two beautiful twin boys. Believe me, if they or I lost their other mother, our lives would be impacted as equally as any other family. It is sad and upsetting that this continues to be such a ridiculous issue in a country which ensures liberty and justice for all. I am a very proud American. I have been fortunate enough to visit other parts of the world and I am always glad to come home. Please do the right thing and treat gay and lesbian families equally with all other American families. Individual Comment San Jose, CA September 11 Email: Date The local time and date when the message was written. 2002-03-24 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 dojR002682.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. 2002-03-24 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 07, 2002 12:16 PM Stop the governent Lottery! The disaster that occured on Sept. 11, 2001 was in deed terrible for all connected to it. Never before has the government offered "compensation" to vicitms of disasters within the US and I don't think we should start now. Is it horrible that they lost their loved ones, homes and jobs? Yes it is. But the same thing happens daily all over the US and the government does nothing to compenstate those persons. Stop the government lottery now!!! Our tax dollars would be much better spent helping the poor gain affordable medical care, housing and clothing. Sincerely, Individual Comment Grants Pass, OR September 11 Email: Date The local time and date when the message was written. 2002-01-07 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 dojN001409.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. 2002-01-07 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, March 13, 2002 4:46 PM 911 fund discrimination Dear President Bush, I recently learned that the 911 fund will be making a discrimination against the partners of same-sex victims. I also learned that illegal aliens will receive money from this fund. I think it is an outrage that American heroes like &nbsp are not considered more worthy than people who are not even American citizens. And I sincerely hope that I have been misinformed. It is time for America to truly embrace the principals that this country was founded on. Every citizen should have the right to live as they see fit and not be treated differently because of religious beliefs. I do not treat people who are of a different faith any differently than I do people of my own faith. I believe they should have equal rights. However, I, as a homosexual professional woman, who provides over half of my partner's financial support for the year, cannot even claim her on my taxes. A family is a loving home where people care about each other and would die for the other members. Apparently, even dying for you, Mr. President, is not good enough for a gay man, to receive equal treatment. Shame on you. By imposing our religious beliefs on others are we any better than the religious fanatics who flew into the twin towers? Sincerely, Individual Comment Oklahoma City September 11 Email: Date The local time and date when the message was written. 2002-03-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR002108.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. NEW YORK, NY January 21, 2002 Special Master Kenneth Feinberg September 11th Victim Compensation Fund of 2001 Re: 24-hour medical treatment rule- 28 CFR Part 104 [104.2 (c) (1)] Dear Special Master: I am writing to request that you rescind the above-captioned proposed regulation requiring a patient to seek "medical treatment" [presumably in a formal, professionally documented setting] "within 24 hours of the injury having been sustained" to qualify as "physical harm," and, therefore, for compensation by the September 11th Victims Compensation Fund. This proposed regulation is not consistent with commonly know and accepted medical practice and is particularly unrealistic and, therefore, unjust in light of the extraordinary circumstances [and their medical consequences] of the attack of 9/11/01. Although life-, limb-, or organ-threatening injuries sustained during the 9/11/01 attack could reasonably be expected to have resulted in the injured person seeking medical attention within 24 hours (barring the mental incapacitation to do so). many other serious and frequently more chronically crippling injuries do not, in common medical practice, either frequently result in, or even benefit from, formal medical attention within 24 hours. One such class of injuries prevalent amongst victims of the 9/11/01 attack is musculoskeletal injuries involving damage to bone, muscle, and/or joints. Such injuries, especially ones of the spine or other joints, such as of the shoulders or knees, can be chronically disabling and yet frequently do not receive formal medical attention for days, and sometimes weeks, precisely because they are not life-, limb-, or organ-threatening. Another class of injury related to the 9/11/01 attack is lung injury caused by inhalation of microscopic particulate matter and/or organic fumes and smoke caused by the burning of plastic-based and other materials (such as jet fuel and Special Master Kenneth Feinberg (2) PVC pipes), to which occupants were exposed during the attack and subsequent collapse of the towers. Such injury, which at times can be immediately life- threatening, can also lead to chronic and even insidiously progressive respiratory distress syndromes. These are frequently tolerated for days or weeks before formal medical attention is sought but, nevertheless, can become chronically debilitating. Aside from the delays commonly seen by medical practitioners in seeking medical attention for the aforementioned conditions are the extraordinary circumstances of this attack and the devastating psychological and emotional impact of this particular event, which has not been experienced in most people's lifetimes. The post-traumatic stress disorder and/or depression of many of the survivors is real and profound. Aside from being, at times, incapacitating in and of itself, these psychological conditions, quite understandably, have resulted in further delays in seeking medical attention for physical injuries as survivors contemplated, and to this day relive daily the magnitude of this unspeakably horrific event, which occurred to both themselves and to co-workers who did not survive. The proposed "24-hour regulation" would constitute a gross injustice in fairly administering the "9/11/01 Fund" and, in addition, would result in egregious discrepancies in judging the merit of claims for medical injury. An example of such a discrepancy is a person with a large laceration of the arm or leg (but no other significant injury) having the laceration sutured shortly after the attack qualifying for compensation. On the other hand, a person sustaining injury to their back, which can lead to serious disability but is frequently not considered sufficiently emergent by physicians to require evaluation within 24 hours, would be automatically disqualified. I urge you to rescind the 24-hour regulation since it excludes for consideration people who sustained serious and at times long-lasting injuries, which are commonly accepted as such by the medical profession and which legitimately deserve consideration on an equal footing with those reported within 24 hours. The 24-hour deadline is not consistent with sound medical practice and should not define eligibility for inclusion for benefits from a fund created specifically for victims of the 9/11/01 attack. Sincerely, Individual Comment Trauma Specialist Board Certified in Emergency Medicine GH:re 2012 New York, NY 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 dojN002579.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. Friday, January 18, 2002 7:58 PM Comments to Interim Regulations for September 11 Fund.DOC Please find herewith comments to the interim regulations concerning victim compensation under the September 11 Fund. These are also being sent by fax and by federal express. The federal express copy includes includes as attachments the materials referenced in the text. Attachment 1: January 18, 2002 By Federal Express with Attachments By Fax and E-mail without Attachments Mr. Kenneth L. Zwick Director, Office of Management Programs U.S. Department of Justice, Civil Division Main Building, Room 3140 950 Pennsylvania Avenue Washington, DC 20530 Comments on the Interim Regulations for the September 11 2001 Federal Fund: The Case for Recognition of "Common Law" Spouses Dear Mr. Zwick: In response to your request for comments from the public regarding the interim regulations for the federal compensation scheme, we write to propose that the regulations be modified to recognize as encompassed in the term "spouse," what many states recognize as a "common law" spouse. A. Background to this Submission By letter dated December 18, 2001,1 we submitted to the Special Master our suggestion that the regulations governing the September 11 Fund recognize and protect the interests of so-called common law spouses. By common law spouses, we mean domestic partners who have lived in a spousal relationship, but have not been ceremonially married. A number of states recognize common law marriage.2 Although they differ in their detail, broadly speaking, the laws of such states typically require that there be no impediment to marriage (such as another spouse) and that there be evidence of an agreement to live together as husband and wife. Such agreement is normally evidenced by actual cohabitation and a variety of other factors including, most importantly, the reputation of the couple amongst their friends and colleagues as being husband and wife.3 Unfortunately, New York is not one of those jurisdictions that recognize common law marriages.4 This places common law spouses of September 11 victims who were domiciled in New York in an extremely precarious position. Our concern is epitomized by the situation of a particular victim of the World Trade Center attacks, . Ms. had lived with a victim of the attacks, , for over ten years. They had two children together, a boy aged six and another son who has just turned one, whom they were raising together as a family. They jointly owned their apartment and both their names were on the mortgage. In the only surviving documentation identifying beneficiaries of Mr. s benefits, a stock option grant, he identified Ms. as the beneficiary and described her as his wife. 5 Moreover, his friends and business colleagues viewed her as his wife. For all practical purposes she was his wife. Unfortunately, as noted, New York law does not recognize relationships such as that between Mr. and Ms. to be marriages. Equally unfortunately, as did so many September 11 victims, Mr. died intestate. The combined result is that Ms. has no legal claim to any portion of Mr. s estate.6 Although, under New Yorks law of intestacy, Ms. s two infant children will be among the beneficiaries of their fathers estate,7 Ms. will have to administer their money as guardian of their property. In this fiduciary position, Ms. s management of such funds will be supervised by the Surrogates Court and she will only be able to use the funds for the support and education of the children as approved by the court.8 In a very real way, she will not be free to bring up her children in the best way she judges, but will be subject to judicial oversight. And when they attain their majority, she will be left with no financial resources other than whatever savings she can make on her own income, currently $20,000 a year. Prior to his death, Mr. had been the familys primary financial provider, earning approximately $70,000 a year, before bonuses and tax. In light of the drastic reduction in her familys income upon his death and her very real concerns for her own financial future without her husbands support, Ms. will be obliged to continue working notwithstanding the needs of her children as a result of their fathers tragic and untimely demise. In making our December 18 submission, it was our hope that the regulations promulgated for the September 11 Victim Compensation Fund would permit common law spouses in the position of Ms. some recovery. Regrettably, we do not believe that they do so. B. The Purpose of the September 11 Legislation9 The stated purpose of Title IV of the September 11 Legislation, which created the September 11 Victim Compensation Fund of 2001, is "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."10 In releasing the Interim Regulations, Special Master Kenneth Feinberg eloquently described the Fund as "an unprecedented expression of compassion on the part of the American people to the victims and their families devastated by the horror and tragedy of September 11. ... In one important sense, the Fund symbolizes the commitment of the American people to those most in need."11 He stated that the goal of the regulations is, "in an expedited and efficient manner," to "provide fair, predictable and consistent compensation to the victims of September 11 and their families."12 C. The Provisions of the Statute The statute sets up a procedure whereby a claimant who is an "eligible individual" may file a claim for compensation under the Fund. A claimant is an "eligible individual" if he or she was on board one of the crashed planes or was present at the site of the World Trade Center, the Pennsylvania crash site, or the Pentagon at the time of, or in the immediate aftermath of, the crashes, and suffered personal injury or death as a result. In the case of an eligible individual who is dead, the personal representative of the decedent shall be deemed eligible to make the claim on the deceased claimants behalf.13 The claim shall be for economic and non-economic losses that the claimant suffered as a result of the crashes.14 The statute provides that "economic loss" shall mean "any pecuniary loss resulting from harm ... to the extent recovery for such loss is allowed under applicable State law."15 In the case of someone killed at the World Trade Center, this will entail determining what forms of economic loss can be recovered on behalf of that deceased person under New York law.16 The statute does not look to state law to define non-economic loss, but rather sets forth its own very broad definition.17 Save for the general statement that the legislations purpose is "to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of [September 11]," the statute is silent as to who may be deemed a beneficiary of an award made to a deceased person from the September 11 Fund and the manner in which such an award should be distributed.18 The statute does not define "relatives." The statute does not specify that state law shall govern either the determination of who may be the beneficiary of an award made to a deceased person under the Fund or the definition of "relatives." Such determinations accordingly fall within the general power of the Special Master to "promulgate all procedural and substantive rules for the administration of this title."19 D. The Interim Regulations The Interim Regulations contain the following provision regarding the distribution of an award to a decedents beneficiaries. Section 104.52. Distribution of award to decedents beneficiaries The Personal Representative shall distribute the award in a manner consistent with the law of the decedents domicile or any applicable rulings made by a court of competent jurisdiction. The Personal Representative shall, before payment is authorized, provide to the Special Master a plan for distribution of any award received from the Fund. Notwithstanding any other provision of these regulations or any other provision of state law, in the event that the Special Master concludes that the Personal Representatives plan for distribution does not appropriately compensate the victims spouse, children or other relatives, the Special Master may direct the Personal Representative [that] all or part of the award be distributed to such spouse, children or other relatives.20 The Interim Regulations do not define "relative." They do, however, define a "spouse" (subject to certain qualifications) as meaning a "person reported as spouse on the victims federal tax return for the year 2000,"21 define "dependents" (subject to certain qualifications) to mean "those persons so identified by the victim on his or her federal tax return for the year 2000,"22 and define "beneficiary" to mean "a person entitled under the laws of the state of the decedents domicile to receive payments or benefits from the estate of or on behalf of the decedent on whose behalf the claim to the Fund was filed."23 As such, the Interim Regulations do not protect the interests of "common law" spouses, such as Ms. whose husband, , was domiciled in New York. If the distribution plan is to be made in accordance with New York law, Ms. will not be entitled to recover any amount from the award made from the Fund in respect of Mr. , since New York law does not recognize common law marriages. Moreover, in light of (i) the fact that the definition of "spouse" under the Interim Regulations would exclude Ms. 24 and (ii) the fact that the Interim Regulations fail to define the term "relative," it is wholly unclear whether Ms. would even have recourse to ask the Special Master to modify any plan of distribution that, following New York law, excludes her as a beneficiary. E. Why the Regulations Should be Changed As they stand, the above provisions of the Interim Regulations are fundamentally unfair and lead to arbitrary and inconsistent results. First, the failure of the Interim Regulations to deal with common law spouses in the position of Ms. is fundamentally unfair. Ms. has suffered the same emotional loss as any ceremonially married spouse of a victim of the terrorist attacks - the loss of the man with whom she had lived for more than ten years and the father of her two children. She has to explain the loss of their father to her children and to deal with her own grief just like any other spouse. She also has to face the same financial insecurities due to the loss of her familys main source of income as any other spouse. In short, she has to face a future financially and emotionally on her own just like any other widowed spouse. Second, the Interim Regulations discriminate against common law spouses of New York domiciled victims since the laws of a number of other states recognize common law marriages. The victims of September 11 were domiciled all over the United States; any common law spouses of victims domiciled in states recognizing this form of marriage would be entitled to recover from an award under the Fund. Similarly, Washington D.C., the site of the Pentagon crash, recognizes common law marriages.25 Thus, a common law spouse of a victim who was domiciled in Washington, D.C., would be entitled to receive compensation from the Funds award to the victim. This is a federal fund - what people whose loved ones have been killed receive under it should not depend on the vagaries of the laws of individual states, particularly where the application of such laws will result in two people in otherwise identical circumstances being treated wholly differently - the common law spouse of, for example, a Texas, Pennsylvania or D.C. domiciled victim being permitted compensation as a spouse, the common law spouse of a New York domiciled victim being denied any compensation at all. Finally, even within the group of "common law spouses" of New York domiciled victims, there will be little consistency. Recognizing the inherent equity of claims brought by common law spouses, New York courts have, in the words of one commentator, "bent over backwards to find common law marriages when a couple has spent the briefest of periods together in jurisdictions that continue to recognize the doctrine."26 Thus, persons in similar positions to that of Ms. , but who have been fortunate enough to have spent as few as a couple of weekends in such a jurisdiction, would, under New York law, be treated as a spouse.27 Such arbitrary matters as where a couple has spent a vacation should not be determinative of whether the surviving partner of a familial relationship can receive compensation from a federal fund designed to provide for the victims of this nations worst terrorist attack. In short, the Interim Regulations, as they pertain to the ability of a common law spouse to be a beneficiary of a deceased claimants award from the Fund, fail in their primary mission to provide "fair, predictable and consistent" compensation to the victims of the September 11 terrorist attacks. F. Proposed Revisions We propose accordingly five relatively simple amendments to the Interim Regulations: First, we propose that the definition of "beneficiary" in regulation 104.3(a) be amended as follows (amended language is in italics): (a) Beneficiary. The term beneficiary shall include: (1) a dependent as defined in subsection (b) of this section, and (2) a spouse as defined in subsection (c) of this section, and (3) a relative as defined in subsection (d) of this section, and (4) a person entitled under the laws of the decedents domicile to receive payments or benefits from the estate of or on behalf of the decedent on whose behalf the claim to the Fund was filed. Second, we propose that the definition of "spouse" in regulation 104.3(c) be amended as follows: (c) Spouse. The Special Master shall identify as the spouse of a victim: (1) The person reported as spouse on the victims federal tax return for the year 2000 unless: (i) The victim was married or divorced in accordance with applicable state law on or after January 1, 2001; or (ii) The victim was not required by law to file a federal income tax return, 28 or (2) In the event that no spouse is identified pursuant to subsection (c)(1) of this section, the person who is the spouse of a victim under the laws of the state of domicile of the victim, or (3) In the event that no spouse is identified pursuant to subsections (c)(1) or (c)(2) of this section, the person who cohabited with the victim under such circumstances that the victim and the person held themselves out to be one anothers spouse. The existence of such a relationship may be evidenced by a nexus of factors, including but not limited to, whether the victim and such person lived together, the length of the relationship between such person and the victim, whether the victim ever described or referred to such person as his or her spouse, whether friends, neighbors and business colleagues viewed the victim and such person as spouses, in the event that the victim and such person had children whether they lived together with such children in a familial relationship, and such factors as common ownership of property, common householding and shared budgeting.29 Third, we propose that the definition of "dependents" in section 104.3(b) of the Interim Regulations be amended as follows: (b) Dependents. The Special Master shall identify as dependents: (1) Those persons so identified by the victim on his or her federal tax return for the year 2000 unless: (i) The claimant demonstrates that a minor of the victim was born or adopted on or after January 1, 2000; or (ii) Another person became a dependent in accordance with then applicable law on or after January 1, 2001; or (iii) The victim was not required by law to file a federal income tax return for the year 2000; and (2) Persons who make a showing of unilateral dependence or interdependence upon the victim, which may be evidenced by a nexus of factors, including but not limited to, common ownership of property, common householding, shared budgeting, and the length of relationship between such person and the victim. Fourth, we propose adding to section 104.3 of the Interim Regulations a definition of the word "relative" as follows: (f) Relative. For the purposes of these regulations, the term relative of a victim shall be construed in its broadest possible sense and specifically shall include, but not be limited to, dependents as defined in these regulations.30 Fifth, and finally, we would propose amending regulation 104.52 as follows: The Personal Representative shall distribute the award in a manner consistent with the law of the decedents domicile or any applicable rulings made by a court of competent jurisdiction, save that for the purposes of determining whether a person was the victims spouse, the definition of "spouse" set forth in these regulations shall be applied.31 Together we believe that these relatively simple amendments will afford fairness and consistency to the regulations and permit common law spouses to be recognized as spouses, relatives and beneficiaries of deceased victims of the September 11 attacks regardless of the vagaries of the laws of individual states and arbitrary circumstances such as where a couple spent their vacations. G. Conclusion If the Fund is to "symbolize the commitment of the American people to those most in need," it should not permit victims of the September 11 terrorist attacks to slip through the cracks. If its objective is to provide "fair, predictable and consistent compensation" to victims of September 11, it should treat like cases in a like fashion and should not permit arbitrary factors, such as where a victim is domiciled or where a victim and his partner spent a few days or weeks in the long history of their relationship, to determine the right of someone who built a life with the victim to be compensated for their tragic loss. We strongly urge that the Special Master consider and adopt our proposed amendments to permit common law spouses of deceased victims of September 11 to be compensated from those victims awards under the Fund. Naturally should you have any questions or wish us to provide further assistance, we shall be more than happy to provide such answers and help as you may need. Sincerely, Individual Comment New York, NY ___________________________________________ 1. A copy of this letter is attached at tab 1 hereto. 2. These are Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas, and Utah. Washington, D.C. also recognizes common law marriages. See tab 2 hereto. 3. See, e.g., Waller v. Waller, 567 So. 2d 869, 869 (Ala. Civ. App. 1990) (common law marriage exists where there is capacity to enter into marriage, present consent to be husband and wife, public recognition of the marriage and consummation; no specific words of assent required; present intention inferred from cohabitation and public recognition); Graham v. Graham, 274 P.2d 605, 606 (Colo. 1954) (existence of common law marriage may be proved and presumed from parties cohabitation and general repute as husband and wife; "cohabitation" means dwelling together in the same place; "general reputation or repute" means understanding among neighbors and acquaintances that couple are living together as husband and wife); Russell v. Russell, 865 S.W.2d 929, 931-33 (Tex. 1993) (common law marriage proven by evidence of agreement followed by cohabitation and public representation; facts of cohabitation and holding out may be viewed as circumstantial evidence of tacit agreement); In re Manfredi, 159 A.2d 697, 700 (Pa. 1960) (rebuttable presumption of common law marriage where there is constant cohabitation plus a broad and general reputation of marriage); Matthews v. Britton, 303 F.2d 408, 409 (D.C. Cir. 1961) (common law marriage established by agreement to be husband and wife consummated by cohabitation). Cases cited in this submission are included at tab 3 hereto, ordered alphabetically by case name. 4. N.Y. Dom. Rel. Law § 11 (McKinney 2001). See tab 4 hereto. 5. Although Mr. told Ms. that she was the beneficiary of his insurance policies and his retirement plan, his employer has advised her that all documentation concerning his beneficiary designations other than the stock option grant was destroyed with the World Trade Center. 6. Moreover, due to the destruction of the records of Mr. insurance and benefits beneficiary designations, whether Ms. will receive any proceeds from his insurance and retirement benefits is uncertain. 7. Mr. had one additional son, now aged 17, by an earlier relationship. 8. N.Y. Surr. Ct. Proc. Act § 1713 (McKinney 2001). See tab 5 hereto. See also In re C., 410 N.Y.S.2d 51 (N.Y. Surr. Ct. 1978) (withdrawal of infants funds from a guardianship account should be authorized only if it is necessary to provide for necessities or education that cannot otherwise be met by a person responsible for the infants support). See tab 3 hereto. 9. The Air Transportation Safety and System Stabilization Act (the "September 11 Legislation"), Pub. L. No. 107-42, 115 Stat. 230. See tab 6 hereto. 10. September 11 Legislation, § 404. See tab 6 hereto. 11. Sept. 11th Victim Compensation Fund of 2001, 66 Fed. Reg. 66,273, 66,274 (Dec. 21, 2001) (the "Interim Regulations"). See tab 7 hereto. 12. Id. 13. September 11 Legislation, § 405(c). See tab 6 hereto. 14. Id. at § 405(a)(2). See tab 6 hereto. 15. Id. at § 402(5). See tab 6 hereto. 16. See Interim Regulations at § 104.2, noting that § 402(5) of this provision is interpreted to mean that categories of economic loss not recognized under applicable state law cannot be compensated out of the Fund. See tab 7 hereto. 17. Sept. 11 Legislation. section 402(7) provides: "The term noneconomic losses means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature." See tab 6 hereto. 18. Id. at § 403. See tab 6 hereto. 19. Id. at § 404(a)(2). See tab 6 hereto. 20. Interim Regs. § 104.52. See tab 7 hereto. 21. Id. at § 104.3(c). See tab 7 hereto. 22. Id. at § 104.3(b). The definitions of "spouse" and "dependents" are significant in determining the amount of non-economic loss to be awarded a deceased victim. Section 104.44 of the Interim Regulations provides that an additional $50,000 shall be awarded for the spouse and each dependent of the deceased victim. See tab 7. 23. Interim Regs. at § 104.3(a). See tab 7 hereto. 24. Because the IRS looks to state law to determine whether or not to recognize a common law marriage for federal tax purposes, Mr. as a New York domiciliary was precluded from reporting Ms. as his spouse. See tab 8 hereto. 25. See supra at notes 2 and 3. 26. Cynthia Grant Bowman, A Feminist Proposal to Bring Back Common Law Marriage, 5 Or. L. Rev. 709, 716-17 (Fall, 1996) (citing cases). A copy of this article is attached at tab 9 hereto. It is beyond the purpose of this submission to consider whether common law marriages should be recognized by state law. Nonetheless, it is a pertinent observation that the abolition earlier this century of common law marriages in many states served unduly to prejudice women and, in particular, minority women, who were by far the most frequent persons seeking compensation as common law spouses. See discussion in Grant Bowman article. 27. For example, in a recent decision in a divorce case, New Yorks Appellate Division found that "as a result of the parties sojourns in Pennsylvania and family vacations, in Georgia, a valid common-law marriage existed under the laws of those states which was deserving of recognition under the principles of comity in New York." Katebi v. Hooshiari, 732 N.Y.S.2d 382 (App. Div. 2d Dept 2001). See also Carpenter v. Carpenter, 617 N.Y.S.2d 903 (App. Div. 2d Dept 1994) (plaintiff established that during "two brief sojourns in Pennsylvania - for a week in 1969 and for four days in 1989 - a common law marriage valid under the laws of Pennsylvania came into existence"). In Ram v. Ramharack, 571 N.Y.S.2d 190, 192 (N.Y. Sup. Ct. 1991), a New York court found that a couples two or three visits each year to relatives in the District of Columbia, sufficed to establish a common law marriage that New York courts would recognize. A three-day Thanksgiving holiday spent with relatives in Atlanta (a common law marriage jurisdiction) sufficed to establish marriage for a woman seeking workers compensation benefits in the case of Coney v. R.S.R. Corp., 563 N.Y.S.2d 211, 211-12 (App. Div. 2d Dept 1990). See tab 3 hereto. 28. We have preserved the Interim Regulations existing definition of "spouse" and added on two alternative definitions. It might be simpler and more consistent to abandon the existing definition and simply have the proposed amendments. In order to ensure that there not be competing spouses under each definition, we have made them sequential - that is you only go to subsection (c)(2) if subsection (c)(1) does not identify a spouse, and to subsection (c)(3) if neither subsection (c)(1) nor (c)(2) identifies a spouse. 29. Our definition in subsection (c)(3) which captures common law spouses combines elements from the laws of a number of jurisdictions, as well as language from Governor George Patakis Executive Order No. 113.30, dated October 10, 2001, concerning the suspension of provisions relating to crime victims awards for persons dependent upon victims of the World Trade Center attack. See following footnote. 30. Our third and fourth proposed amendments are perhaps not strictly necessary to address the situation of common law spouses. Rather, they attempt to address the situation where the victim was still ceremonially married (not divorced) but had lived in a familial relationship with another person for a long period of time. In this event, the ceremonially married spouse will likely be deemed the spouse under our proposed amendment to section 104.3(c)(2) of the Interim Regulations. Ensuring, however, that, as a dependent, such other person will be deemed a relative for the purposes of the regulations will explicitly preserve that persons right to make a claim to the Special Master to modify the proposed distribution under section 104.52 of the Interim Regulations. Moreover, defining such other person as a dependent will enable their pain and suffering to count towards the award to the decedent for non-economic losses. We have modeled our definition of dependent upon the language of Governor George Patakis Executive Order No. 113.30, dated October 10, 2001, concerning the suspension of provisions relating to crime victims awards for persons dependent upon victims of the World Trade Center attack. See tab 10 hereto. By this order, the Governor ensured that persons in non-traditional family relationships with victims of the World Trade Center attack could gain emergency assistance. 31. The purpose of this provision is to ensure that this federal fund will be uniformly administered and that notwithstanding any state law to the contrary, common law spouses, as uniformly defined for the purposes of the Funds regulations, will be recognized as entitled to receive distributions from an award to a deceased victim under the Fund. September 11 Email: Date The local time and date when the message was written. 2002-01-18 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 dojN002018.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. 2002-01-18 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. 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 Deer Harbor, WA 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 dojA003900.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