733 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. Sunday, December 09, 2001 9:27 AM Victims Compensation Fund Ft Worth, Texas December 7, 2001 Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice e-mail: victimcomp.comments@usdoj.gov In late September, President Bush and Congress did a wonderful thing and authorized the creation of the "September 11 Victim Compensation Fund" to provide assistance to the surviving victims of the attacks and the "relatives" of those who died. I was recently made aware that the Department of Justice is in the process of writing the regulations that will govern implementation of the Fund and has invited public comments to guide this process. Unfortunately, it seems, there are factions who are mounting a campaign to request that the surviving partners and children of gay and lesbian victims be excluded from the benefits of the Fund. I find these views to be unpatriotic, cruel and reprehensible. How could anyone believe that the emotional, financial and psychological pain of the September 11th attacks and the loss of loved ones should be addressed based only on life style choices. Clearly, such a determination would have to be considered a blatant exercise in discrimination. As The Justice Department considers the regulations governing the "September 11 Victim Compensation Fund" I urge you to ensure that compensation is available to all surviving families of those killed, Including the committed partners and non-biological children of gay and lesbian victims. Thank you for your consideration. Individual Comment Ft Worth, TX September 11 Email: Date The local time and date when the message was written. 2001-12-09 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 dojA001365.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. 2001-12-09 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 30, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 December 30, 2001 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the September 11th tragedy, including the children and families of gay and lesbian Americans who perished. That you recognize the sanctity and legitimacy of gay and lesbian relationships and families as you make these crucial decisions is imperative. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is largely unavailable, these families often find themselves in the traumatic predicament of having to prove the legitimacy of their union. Both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. Our United States Department of Justice must follow suit. As an American, I ask you to keep in mind the gay and lesbian citizen who serve heroically as police, firefighters, soldiers, medical personnel and in other critical occupations. We also must keep in mind the gay and lesbian Americans who donated to the compensation fund trusting that their gift would be distributed without prejudice. It would be unconscionable to dispense their monies while denying the legitimacy, worth and humanity of other gay and lesbian Americans. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Middleboro, MA September 11 Email: Date The local time and date when the message was written. 2001-12-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002565.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, January 19, 2002 5:30 PM Help same sex partners of terrorist victims Dear Mr. Zwick: The very humane Fund for relatives of victims of the September 11 terrorist attacks must include all relatives of all the victims. This importantly should include the partners and children of same sex unions. They suffer just as grievously for their deceased loved ones as do other survivors, and their need for assistance is just as great. Please do not give in to the importuning of callous homophobic groups and individuals who would have the Department of Justice limit compensation to survivors of heterosexual unions. They are interested in a political victory, not humane assistance. This Fund is intended for humane purposes; it is not a political statement, Mr. Zwick. Sincerely, Individual Comment ST Louis MO September 11 Email: Date The local time and date when the message was written. 2002-01-19 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 dojN002100.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. 2002-01-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, January 07, 2002 11:52 AM Recent complaints re: $250,000 cap Dear Mr. Feinburg: I'm still trying to make some equitable-seeming sense out of our current system of allocating salary dollars and recompense under normal circumstances, let alone after a unique disaster. I'm shocked and appalled, and very disappointed, that some individuals are living in such a rare and well-gilded ivory tower that they feel $250,000 is not sufficient compensation for a death. Most of us, the working people of America, make $20,000-40,000 per year, at least here in Florida, a "right-to-work" state. The last time a man died on the job here that I'm personally familiar with, he was an impoverished black man impaled on rusted steel rebar after falling through a rotten roof with no safety handrails, markers, or any such. The company who owned the roof in question paid a crew overtime to put up the obligatory safety rails before the OSHA inspector arrived several days later. The man's family was paid $10,000 plus medical expenses. The company is a VERY wealthy multinational, who immediately sold the plant. This is what life is like for many people in our country. Where do these wealthy, spoiled, greedy, already-living-off-the-upper-end-of-the-scale folks in New York get off, pretending that what happened to them was so uniquely horrible that anyone related to them should be made an instant billionaire? I'm over it. Yeah, it was unique. Yeah, it was horrible. Yeah, I sent money to help. AND AFTER READING ABOUT THEM SUING FOR MORE MONEY, NOW I BEGIN TO REGRET IT; it's obviously not appreciated at all! Some lawyer cutely commenting that you can get more money for a slip'n'fall. If he can't legally be shot, at least let's disbar him! Greedy jerks. Wake up and become aware there's a real world out there. Get a job. Come to Florida and see how the rest of us live, and then tell us about how $250,000 is peanuts. People around here are expressing the views I'm presenting very loudly. Public sentiment here has turned against these noisy people who seem to be shouting about some imaginary "ongoing victimization" in a manner that makes no sense to any of us here, and frankly which "smells like" false excitement drummed up for greedy personal financial gain. Let's just go over it again. I make $20-40k/year. I live in what these folks would consider an antique hovel. I literally don't have reliable heat, A/C, plumbing, or automobile... and there are holes in my roof. Want to talk about economic victimization? Guess what line of work I'm in! Same as most of the World Trade Center victims (some of whom I was marginally acquained with), I'm a financial services professional! In a right-to-work state, for a small company. These New York folks already live in castles, they're already being given more money than many of us make GROSS in 10 years...and they DEMAND more of my tax dollars and personal donations so they'll feel more secure and comfortable, on top of the world, have their kid's fancy college paid for, buy another Beamer and won't have to work for a lifetime or so??? You've gotta be kidding. We were all happy to give a LOT... and they want to whine and legally badger us for more? Fools. The world has truly gone mad. I have a counter-proposal... how about they voluntarily give impoverished Florida financial professionals a 10% donation out of their settlements to help us? Since the large dollar amounts the victims made were directly caused by the industry's centralization in New York? Since if all the big companies and all the systems were based here instead of there, WE would be making the big bucks, and the world would be coming to us, not them? And then we'd be a target, and perhaps one way to look at it is that the bigger bucks are in part "hazard pay". If some of these folks realized what it's actually like out in the "hinterlands"... especially compared to the Big Apple fantasy-land they've been inhabiting... I wonder if they'd change their thinking? I like to think so anyway. I'm writing you this email because you were quoted as expressing concern about this, and I'm hoping this feedback may be of some interest or assistance. At the very least, for those who think $250,000 is peanuts, perhaps you can suggest they should all move to Florida or some similar state where their money will go about 10 times further than it will in New York City. Regards, Individual Comment 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 dojN001412.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. November 26, 2001 Hon. Phillip J. Perry Acting Associate Attorney General U.S. Department of Justice Tenth Street and Constitution Avenue, N.W. Washington, D.C. 20530 Dear Acting Associate Attorney General Perry: We are writing to set forth the comments of the State of New York and the City of New York in response to the November 5, 2001 Notice of Inquiry and Advance Notice of Rulemaking on the victim compensation program authorized by the Air Transportation Safety and System Stablization Act ("ATSSSA"). Prior to the issuance of the Notice of Inquiry, the State and City had submitted joint recommendations on several critical issues under ATSSSA (the "November 1, 2001 Submission"). This letter supplements that submission (a copy of which is enclosed), and addresses each of the six topics on which the Department of Justice has requested comment. Topics #1 and #2: Claim Forms and Information The Notice of Inquiry states that ATSSSA appears to contemplate a "detailed form and filing, including the submission by the claimant of supporting documents and relevant medical records." In particular, the Department of Justice has requested comments on: (1) "whether the Special Master should determine that a claim has not been 'filed' ... [where] there is insufficient information submitted to permit a reasonably informed determination to be made", and (2) "whether there are actions the Special Master should be required to take before he or she can accept a claim, or deem a claim 'filed'". As a general principle, we urge the Department of Justice to adopt forms and procedures which help the victims and their families understand and comply with the claim process, and which provide sufficient flexibility so that claimants have an opportunity to describe their losses accurately and fully. In particular, there should be no requirements for the initial filing to include all supporting documentation and medical records. The Department of Justice undoubtedly recognizes that many victims are overwhelmed by the trauma of the attacks and already are dealing with a tremendous amount of paperwork required by employers, insurance companies, government agencies, charities and others. As a result, the initial claim form under ATSSSA should be easy to complete and should be subject to liberal rules on submission of additional information. If the Special Master determines there is insufficient information to permit a reasonably informed determination, the regulations should authorize the Special Master -- with a claimant's consent - to determine that the claim has not been "filed," thereby tolling the commencement of the 120-day decision period. Topic #3: Procedures for Hearing and the Presentation of Evidence Similarly, the Department of Justice should follow victim-friendly procedures with respect to the hearing and the presentation of evidence. For example, the regulations should provide that: * claimants should be able to consent to temporarily halt or toll the running of the clock for determination of a claim; * claimants should be given the option to waive their right to a hearing and instead rely exclusively upon a written record, but first should be advised in writing that the hearing is their only opportunity to explain the nature and extent of their damages in person to the hearing officer. * claimants should have the opportunity to appeal directly to the Special Master with respect to rulings or working decisions of the hearing officer, as is permitted in the victim compensation procedures of the New York State Crime Victims Board (See New York Executive Law §628); * the Special Master should be authorized to enforce requests to third parties for evidence necessary to processing the claim; and * proceedings should be recorded, and held in a location convenient to the claimant. Topic #4: Procedures to Assist Individuals in Filing and Pursuing claims Although many victims and families of victims of the September 11th attacks will be represented by counsel in the ATSSSA process, others will be pursuing claims on their own. Many of these individuals are suffering from the great burdens imposed by the attacks, including the loss of a family member, physical injuries, emotional trauma and unemployment. In addition, some individuals have limited proficiency in English, or may be completely unfamiliar with this type of claims process. As a result, we believe it essential that the Special Master implement procedures to provide assistance to individuals who are filing claims, including the following measures: * the Special Master should have offices, at a minimum, in the three crash locations and in the origin and destination cities of the four flights; * the Special Master should provide toll-free phone lines staffed with trained personnel, outreach meetings, newsletters, and translators; * all forms and instructions should be printed in multiple languages; * the Special Master should set limits on fees that can be charged by legal counsel, accountants and other experts retained by claimants to assist them in filing claims for compensation (see, e.g., 42 U.S.C. § 406 (Commissioner of Social Security determines fees awarded to attorneys representing individuals seeking social security befits); N.Y. Workers Comp. Law § 24 (Workers Compensation Board must approve attorneys' fees); 9 NYCRR §525.7 (New York State Crime Victims Board approves attorneys' fees to be deducted from awards)); and * a claimant who was both physically injured and is the personal representative of a deceased victim may file two separate claims, and should not be forced to combine both sets of damages into a single claim. Topic #5: Claimant Eligibility Our prior comments included an extensive discussion on the issue of claimant eligibility, including the definition of the critical terms such as "present at," "physical harm," "immediate aftermath," and "personal representative" (see November 1, 2001 Submission, pages 2-4), and we will not repeat that discussion here. Two other issues of great importance are the treatment of domestic partners, and the duties of claimants with respect to other individuals entitled to compensation. a. Domestic partners The plight of domestic partners and other family members who may lack formal legal recognition, but who nonetheless suffered losses as a result of the death of a loved one during the September 11th terrorist attacks, is of particular importance. Some of these individuals are unmarried life partners or other family members who were dependent on the deceased; other are nonbiological children who may not have been formally adopted. The lack of formal legal recognition does not mitigate the shattering impact of the death of a beloved companion, parent, or guardian. ATSSSA reflects the intent of the President and Congress to compensate not just those killed or injured as a result of the September 11th attacks, nor just spouses or children, but the much more general category of "families" of the victims. Indeed, the legislative history of ATSSSA is replete with references by members of the Senate and the House that their intent was to compensate the "families" of the victims. See, e.g., 147 Cong. Rec. S9589 (September 21, 2001)(statement of Sen. Bond); id. S9592 (Sen. Rockefeller); id. at S9594 (Sen. McCain); id. at S9599 (Sen. Leahy); id. at H5913 (Rep. Delahunt). Indeed, the thousands of victims of the September 11th tragedy include many individuals who were in long-term domestic partnerships, some of whom engaged in acts of great heroism as they tried to save the lives of others that day. Certainly Congress did not intend that those dependent upon heroes should be denied compensation under the fund. This is consistent with other compensation programs, such as New York State's emergency relief program, which provides compensation to all persons who were dependent upon a victim of the World Trade Center attack, including spouses, children and persons in a relationship of unilateral dependence or mutual interdependence. Indeed, less than a month after the attacks, Governor Pataki issued an Executive Order to authorize crime victim awards for all persons who can show such a relationship with victims of the September 11th attacks, looking at an array of factors, including but not limited to "common ownership of property, common house holding, shared budgeting and the length of the relationship between such person and the victim." Exec. Order 113.30. New York City also recognized these relationships, and permits domestic partners to file applications for death certificates. See 24 R.C.N.Y. §205.01(d)(1); see also 26 U.S.C. §2203 (definition of "executor" under federal estate tax law includes "any person in actual or constructive possession of property of the decedent") Similarly, compensation afforded by ATSSSA to the families of the victims "should find its foundation in the reality life." Braschi v. Stahl Associates Company, 74 N.Y.2d 201, 211, 543 N.E.2d 49, 53, 544 N.Y.S.2d 784, 789 (1989)(protecting from eviction under New York City housing regulations family members living with a tenant including life partners). In particular, the Department of Justice and Special Master should adopt regulations that provide all grieving family members with a full opportunity to seek compensation for their losses. The determination of whether an individual qualifies for compensation should be based on the totality of the circumstances, looking at the exclusivity and longevity of the relationship, common living arrangements, the emotional and financial commitment, and other similar factors. b. Obligations of claimants ATSSSA authorizes the filing of a single claim per victim, but recognizes that more than one family member may have incurred losses as a result of the victim's death or injury. §405(c)(3)(A). Moreover, the filing of a claim and the obtaining of compensation pursuant to this federal victim compensation program will preclude the filing of the most litigation for compensation as result of the terrorist attacks, §405(c)(3)(B). As a result, any injured claimant, as well as any personal representative who files a claim on behalf of a deceased victim, must represent the interests of all those who incurred losses as a result of the death or injury. Thus, each claimant should be required to provide notice of all survivors of those killed or injured in the crashes, including those dependent upon the decedent, and to request written waivers of the right to commence litigation. This notice should be provided well in advance of the last date for the filing of the claim. Similarly, the Department of Justice regulations should ensure that the claimant acts as a fiduciary in offering evidence of the economic and noneconomic losses of all survivors and, once the compensation is awarded, distributes it to those survivors entitled to the compensation. However, the Special Master should be empowered to accept and adjudicate claims even if, for example, the personal representative has not obtained a signed waiver of the right to litigation from all individuals who consider themselves to be survivors of the decedent. In cases of multiple survivors with differing degrees of financial dependence, some family members may wish to avail themselves of the victim compensation program, while others may desire litigation. Requiring waivers from all of a deceased's survivors essentially would grant a single survivor "veto" power over the ability of the others to receive compensation from the fund, and force all to litigate. Instead, the personal representative who files a claim on behalf of a decedent should provide notice to all other survivors of the decedent, and should certify to the Special Master that such notice has been given. If the other survivors sign waivers or otherwise do not object to the filing of the claim, then the Special Master should adjudicate the claim. If another survivor claims to be the personal representative and objects to the filing of the claim, however, then the Special Master can determine which individual qualifies as the personal representative, or can require that the parties seek a state court adjudication of that issue. Once the personal representative have been determined, the Special Master should adjudicate the claim even if other survivors object, and the determination of the claim will terminate the other survivors' right to commence litigation on behalf of the decedent. The Special Master cannot, of course, eliminate any litigation rights that are not part of the claim submitted through the victim compensation program. For example, if a member of the decedent's immediate family who is not the personal representative seeks damages resulting from having personally witnessed the decedent perish in the crash (see Bovsum v. Samperi, 61 N.Y.2d 219 (1984)), that individual should be able to commence separate litigation to recover those personal damages. Topic #6: Nature and Amount of Compensation Our prior submission covered the issues of "economic losses", "non-economic losses" and "collateral source" (see November 1, 2001 Submission, pages 4-8), and once again we will not repeat those comments here. However, we do wish to respond to the Department of Justice's request for comments on "whether and how schedules or statistical methodologies should be developed and used in reaching a determination for each claimant," and whether the Special Master should be publish "schedules or hypothetical or presumptive awards for classes of individuals". As the Department of Justice recognized in its Notice of Inquiry, the award determinations must be made relatively expeditiously and fairly. These decisions also need to reflect the personal experiences and losses of particular victims and their families. While schedules or presumptive awards for classes of individuals may promote efficiency, their application violates the spirit and the letter of the Act. ATSSSA provides that each claimant has "the right to present evidence, including the presentation of witnesses and documents," §405(b)(C), and that the amount of compensation should reflect "the individual circumstances of the claim." §405(b)(ii). Schedules of presumptive awards may discourage victims from describing their individual losses and seeking appropriate compensation. The Special Master therefore should not promulgate regulations that purport to offer definitive assessments of economic losses that operate to preclude claimants from offering evidence on this issue. The regulations also should not determine the amount of noneconomic losses for classes of similarly situated individuals; rather all claimants should be permitted to describe their personal noneconomics losses. Thank you for considering our views on these issues. Sincerely, September 11 Email: Date The local time and date when the message was written. 2001-11-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000751.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, November 21, 2001 5:59 PM Comments on September 11 Victim compensation Fund Dear Mr. Zwick: Attached please find, in Wordperfect and in Word, comments on the September 11 Victims Compensation Fund. These comments are submitted by Lambda Legal Defense and Education Fund, the Human Rights Campaign, Empire State Pride Agenda, Gay and Lesbian Advocates and Defenders, and the National Center for Lesbian Rights. You will also receive them by fax. Yours, Comment by: Lambda Legal Defense & Education Fund Attachment 1: November 21, 2001 Re: Comments on the Department of Justice's Rulemaking Regarding the September 11th Victim Compensation Fund of 2001 The following comments respond to the Department's November 5 Notice of Inquiry and Advanced Notice of Rulemaking Re: the September 11th Victim Compensation Fund of 2001. Lambda Legal Defense and Education Fund is the nation's oldest and largest legal organization working to advance the civil rights of lesbians and gay men. We are joined in these comments by the Human Rights Campaign (HRC), the Empire State Pride Agenda (ESPA), Gay and Lesbian Advocates and Defenders (GLAD), and the National Center for Lesbian Rights (NCLR). Organizational descriptions appear at the end of this document. Our organizations have been assisting many individuals who lost their same-sex partners in the terror attacks of September 11. We submit these comments in their behalf and in behalf of others in the same circumstances. Our remarks focus on issues relevant to their eligibility for compensation from the Fund, the types of damages compensable, and the process by which individual survivors may seek compensation. I. GUIDING PRINCIPLES The laudable purpose of the September 11th Fund is to provide compensation for the losses of relatives of those who died, and those who were injured. See Air Transportation Safety and System Stabilization Act § 403. It is crucial for the many grieving families that the regulations implementing this purpose permit recovery for all deserving relatives, including the committed partners or non-biological children of gay and lesbian victims of the terror attacks. For those whose family relationships do not meet certain strict formal legal definitions, the enormity of the loss of a beloved companion or parent could be compounded by the prospect of ineligibility for compensation intended for their protection. The Department of Justice should not permit this potential inequity. We urge the 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. As Senator Charles Schumer noted in his October 31 letter to Attorney General Ashcroft: The need for support and recompense is no less real for these survivors than it is for the countless other relatives who lost loved ones. America has reached out with enormous generosity to all of the victims because our common humanity recognizes that grief and loss are not reserved to any single culture or group - they are borne by each and every one of us, whatever our race, religion, or sexual orientation. Many who lost their life companions after lengthy committed relationships have contacted our organizations. Very few of them had prepared wills with their partners, a circumstance which is not surprising considering the relative youth and good health they enjoyed. While many are fortunate to have the support of the biological relatives of the deceased, others (like many affected by this tragedy) face the added stresses of pre-existing family difficulties that have not abated in the wake of the attacks. Each and every one of them is reliant on the continuing good will and generosity of parents, siblings or children of the victim to treat them fairly. The federal September 11 Fund should ensure fair treatment of all surviving family members, including same-sex partners and de facto children of those who perished. Operated on a simple principle of equitable distribution of damages in proportion to losses sustained, it can serve the Congressional purposes of helping families to recover their economic security and allaying the financial uncertainty of survivors. To accomplish this end, we suggest the following approach. All those who consider themselves survivors must, under this legislation, come together to seek compensation in a single claim. See § 405(c)(3)(a)(limiting claims to one per decedent). In that claim, the personal representative should submit evidence of the financial, physical and emotional losses suffered by each survivor. The Special Master then should (1) confirm that each individual seeking compensation is eligible, based on guidelines which include those in a family relationship of mutual interdependence (as partners or as de facto parent and child); and (2) determine how much compensation should be allotted to each individual, based on the specific evidence of that individual's losses. It is the responsibility of the personal representative, in turn, to distribute the total sum awarded in the proportions that the Special Master directs. II. SPECIFIC RECOMMENDATIONS A. The Personal Representative Should Act As A Fiduciary To Make A Single Claim On Behalf Of All Individuals Eligible For Compensation. A statement of policy by the Special Master addressing certain questions related to the personal representative would provide much-needed guidance to families as they consider whether to make a claim through the Fund or to participate in a civil action. The Department should make clear how it will determine the identity of a personal representative, and more important, on whose behalf that personal representative is obligated to make claims for compensation. "Personal representative" is a term common to many states' estates law. (For example, in New York, the Estates, Powers and Trusts Law (E.P.T.L.) § 1-2.13 defines "personal representative" as the individual who has received a letter to administer the estate of a decedent by the surrogate's court.) Already, many families have begun the process of distribution of the estate and thus have received or are seeking letters of administration which identify the personal representative. The individual who acts as the personal representative for the estate should be the one entitled to file a claim with this Fund. In a traditional wrongful death action, it is the duty of the personal representative to act as the fiduciary on behalf of the family of the deceased in prosecuting the suit. See, e.g., N.Y. E.P.T.L. § 5-4.1 (establishing right of personal representative to prosecute wrongful death action). The personal representative must distribute the proceeds of that action to the proper beneficiaries, in proportion to their losses. E.g., N.Y. E.P.T.L. § 5-4.4 (a)(1). The proceeds typically go neither to the personal representative who prosecuted the suit nor to the estate; rather, they go directly to the family members who suffered losses. Id; see also N. Y. E.P.T.L. § 5-4.1 Practice Commentaries. The court, not the personal representative, determines the amounts each individual receives. Id. The federal Fund should likewise vest in the personal representative the duty to act as fiduciary on behalf of all those who consider themselves to be survivors, seeking compensation in proportion to their losses and distributing the awards accordingly. This approach makes the identity of the personal representative less important than the Department's determination of who is eligible to seek compensation as a survivor of a deceased victim, through that victim's personal representative. (See discussion below.) It reduces the likelihood of disputes concerning who should be appointed personal representative and ensures that all survivors have the same opportunity to present evidence of their losses. And it imposes a fiduciary duty on the representative to ensure that all potential beneficiaries' claims are fully and fairly presented, and distributed as the Special Master directs. In the event that the personal representative for purposes of estate distribution does not wish to take on the responsibility of filing a claim and formally agrees to step aside, a federal hearing officer should appoint another representative. In many cases, survivors may agree on the proper individual, but where the matter is contested the appointment should not be deferred to independent adjudication by state courts. In processing claims, a federal hearing officer will ultimately have to sort through the evidence presented on behalf of surviving relatives to determine who is eligible for compensation and in what amounts; it makes sense that the same officer should resolve disputes about the appropriate personal representative as well. Judicial economy and efficiency weighs against calling on an entirely separate branch of government to go through the same process. Moreover, the determination is best made by a federal officer with knowledge of the particular rules of the federal Fund as they will apply to the parties before him or her, rather than by a state court with expertise in a different set of laws. B. All Relatives And Dependents, Including Same-Sex Partners and De Facto Parents And Children, Should Be Eligible For Compensation In Proportion To Their Losses. In the grim task of valuing a life, the operative principle ought to be to award compensation to those whom the deceased helped support in both material and emotional ways. Those who lost a partner suffer the emotional deprivations of being without a day-to-day companion, in addition to the help of another paycheck within an intermingled household economy. Those who lost a parent have lost the support and guidance of someone who provided nearly everything. And those who lost a child will be without the security of their son or daughter's companionship and assistance as they grow older. Each survivor's losses should be equally considered and accounted for, based on the daily realities of emotional and financial support the victim provided. Compensation should not be limited by legal distinctions among types of relatives, because those distinctions may frequently be untethered to the actual family burdens shouldered by those who died. Those eligible for compensation as a survivor of a deceased victim should include individuals who can show that they had (1) a family relationship of mutual interdependence with the victim, including as a de facto parent or child, and (2) suffered losses of the sort identified in the Act at §§ 402(5) and (7). Where the individual does not share a blood or legal tie with the victim,1 mutual interdependence is shown if the claimant shared a residence with the victim and was emotionally and financially intertwined in a familial relationship. The federal Fund should look to New York's law governing emergency relief awards for guidance. Only days after September 11, Governor Pataki issued an Executive Order granting surviving partners of the World Trade Center attacks benefits comparable to those received by surviving spouses from the state's Crime Victim Board. See Exec. Order No. 113.30, Suspension of Provisions Relating to Crime Victims Awards for Persons Dependent Upon Victims of the World Trade Center Attacks (October 10, 2001), available at www.state.ny.us/sept11/exeorders/113_30. Eligibility is based 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 a family deserves help in this time of need. That Executive Order follows the example set as early as 1989 by New York's highest court, which interpreted the state's rent control laws to protect the life partners of rent-controlled tenants. See Braschi v. Stahl Associates, 74 N.Y.2d 201 (1989). That Court held that the law's protection against eviction when a loved one dies "should not rest on fictitious legal distinctions or genetic history, but instead should find its foundation in the reality of family life." Id. at 211. Regulations codifying the Court's holding appear at 9 N.Y.C.R.R. 2104.6(d)(3). Permitting all relatives who suffered losses to be eligible for compensation ensures equitable treatment of all the diverse families that suffered losses in this tragedy. As the United States Supreme Court recently noted, "[t]he demographic changes of the past century make it difficult to speak of an average American family. . . . [P]ersons outside the nuclear family are called upon with increasing frequency to assist in the everyday tasks of childrearing," Troxel v. Granville, 530 U.S. ___, 120 S.Ct. 2054, 2059 (2000), and the same can be said of other daily supports for family members. The proposed criteria effectively account for the variety of family configurations and support obligations that Americans create today. C. Notice To All Potentially Eligible Survivors Should Be Required Prior To Filing A Claim. Personal representatives should be required to identify all those who meet the eligibility criteria outlined above for compensation, and to provide notice to each. New York law specifically contemplates that similar notice will issue "to all interested parties" before a court will hear evidence of damages sustained in wrongful death suits. See N.Y. E.P.T.L. § 5-4.4(1). Notice is a workable and indispensable element of a claims process in which one individual, the personal representative, has authority to bring forth evidence and litigate damages sustained by others. A claim should not be considered "filed" until the personal representative can show that all eligible survivors have received notice. The process of identifying individuals eligible for compensation as survivors of a victim should not be unwieldy. The proposed eligibility criteria contemplate that those eligible will include close biological or adoptive relatives, those whom the victim supported or who inherited from the victim, and those with whom the victim shared a residence in a family relationship. These guidelines provide a simple and straightforward way to identify those whose losses should be compensated in a single claim. If a personal representative fails to provide notice to all eligible beneficiaries, those who did not receive notice should have an opportunity to intervene in a pending claim, tolling the 120-day limit of § 405(b)(3), or to re-open a completed claim. Preliminary hearings should be available to determine eligibility for compensation if the personal representative refuses to present evidence of losses sustained by another potential claimant. Where the personal representative knowingly fails to bring a potential beneficiary to the Special Master's attention, penalties should be imposed, including the possibility of liability for breach of fiduciary duty. If the Department requires each survivor to sign a waiver against bringing other litigation, only potential beneficiaries should be subject to the waiver requirement and each on the same terms as every other potential beneficiary. D. All Types Of Compensation Should Be Available On Equal Terms To Same-Sex Partners. Compensation for economic losses as defined at § 402(5) and noneconomic losses as defined at sec. 402(7) should be equally available to all those eligible for compensation in proportion to their demonstrated losses. There is no principled basis for distinguishing among survivors as to the kinds of losses for which recovery is available. For example, excluding anyone but a legal spouse from recovery for loss of companionship or loss of consortium would be to fail to account for actual losses suffered by many survivors and to impose a barrier that has the effect of discriminating on the basis of sexual orientation. The same would be true if same-sex partners were eligible for lesser amounts than legal spouses. Rather, everyone who suffered similar losses should be entitled to compensation under the same principles. Noneconomic damages awarded to compensate for the conscious pain and suffering of the victim should be apportioned among the survivors in proportion to their other losses. While under some states' laws these damages would be granted to the estate, that rule should not govern here, where so many victims died without a will. Consider the situation of one individual who has contacted Lambda. Denise and her partner Laura (not their actual names) were together over six years, and committed to one another in a ceremony of holy union through their church three years ago. Laura had worked in a support position in Tower One for over a year when the terrorists struck. The first plane hit and she was horribly burned over a vast portion of her body. As the firefighters rushed Laura to the hospital, the last words she was able to utter were Denise's name and phone number. Denise was the first one to the hospital. Laura fought for life for over a month before dying. Denise stayed at her bedside through this period of suffering, talking and praying alongside her while she silently struggled to live. Because there was no will, Denise is now at the mercy of Laura's biological family to decide how long she may stay in the home they shared. Denise is making plans to move. And she faces even more anxiety because she apparently will not receive the financial cushion Laura provided for her through her employer's life insurance program. Because the employer's beneficiary designation forms were destroyed in the collapse of the buildings, Denise cannot document that she was the intended beneficiary on Laura's policy. So the money will be paid to Laura's estate, and not to Denise. Grieving and trying to carry on after the pain of this loss, Denise has no access to the basic support Laura intended for her, nor to the basic social safety net available for spouses. Denise should be eligible for compensation for her emotional and economic losses under the federal Fund. She should also share in the damages awarded to compensate for Laura's pain and suffering before death - money that should not be denied to the person Laura cried out for with her final words. E. Collateral Source Payments Made To Same-Sex Partners Should Reduce Their Awards In The Same Proportion That They Are Eligible For Compensation. Most of the individuals who have contacted us for assistance will be receiving life insurance distributions as the designated beneficiary on their partners' life insurance policies. Life insurance is defined as a "collateral source" payment under § 402(4), and therefore must be reduced from any award made. See § 405(b)(6). To the extent that same-sex partners are ultimately eligible for compensation under this Fund, their awards should likewise be reduced by the collateral source payments they receive. By the same token, in the event that they - unfairly - are ineligible to collect September 11 Fund compensation, their collateral source payments should not be taken into account in reducing the award made to other family members. F. Forms And Procedures Should Be Easily Accessible. Easy access to the claims process and full understanding of its rules for all potential beneficiaries is vital for the Fund to achieve its purpose. To meet these goals, we suggest that all forms and informational materials published by the Department use inclusive language that would make clear to a surviving same-sex partner or de facto child or parent that she or he may be eligible for compensation, and the responsibility of the personal representative to include them in the claims process. Similarly, hearing officers should be fully trained in applying the eligibility criteria to these families, and alerted to the importance of avoiding any perception of discrimination. We also recommend designation of an ombudsperson to engage in outreach to surviving same-sex partners and children, to assist them in the claims process and advocate where necessary. III. CONCLUSION Strong policy reasons support an equitable approach to determine who may be eligible for compensation. Those who actually suffered losses as a result of the death of a loved one should share the right to compensation. Adherence to rigid legal distinctions would obscure the family realities of many of the diverse families who suffered as a result of this attack. By establishing a system that would permit claims by all survivors and compensation in fair proportion to actual losses, the Department would provide a model of fair, effective, and humane response to this horrific tragedy. It would also encourage families to elect compensation from the Fund rather than a civil action. This is because through the Fund, the constellation of family obligations that an individual victim might have undertaken could all be properly accounted for in allocating compensation. Respectfully submitted, Comments by Lambda Legal Defense & Education Fund New York, NY Lambda is the nation's oldest and largest legal organization working for the civil rights of lesbians, gay men, and people with HIV/AIDS. Human Rights Campaign Washington, D.C. The Human Rights Campaign is the largest national lesbian and gay political organization with members throughout the country. It lobbies Congress, provides campaign support and educates the public to ensure that lesbian, gay, bisexual and transgender Americans can be open, honest and safe at home, at work and in the community. Empire State Pride Agenda New York, NY The Empire State Pride Agenda is New York's statewide, non-partisan lesbian and gay civil rights and political advocacy organization. Its mission is to end discrimination and prejudice on the basis of sexual orientation. (Additional comments on the September 11 Fund were submitted by the Pride Agenda to the Department of Justice on November 16, 2001.) National Center for Lesbian Rights San Francisco, CA The National Center for Lesbian Rights is a national public interest law firm committed to securing equality for lesbians and their families. Gay and Lesbian Advocates and Defenders Boston, MA Gay & Lesbian Advocates & Defenders (GLAD) is New England's leading public interest legal organization that works to eradicate discrimination based on sexual orientation, gender identity and expression, and HIV status. GLAD has a strong interest in ensuring fair and equal treatment of the surviving family members of gay and lesbian individuals who perished during the tragic incidents of September 11. September 11 Email: Date The local time and date when the message was written. 2001-11-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000488.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, March 18, 2002 3:36 PM Equal Compensation I am outraged that gay and lesbian partners of those who died on September 11 are not automatically going to receive the same benefits as heterosexual spouses. Gay and Lesbian people have families that loved and depended on them too. United We Stand. FOR THE MEMORY OF: And so many more... Individual Comment Aurora, Colorado September 11 Email: Date The local time and date when the message was written. 2002-03-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR002001.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. March 14, 2002 Kenneth Swick Dept of Justice Rm 3140 950 Pennsylvania Ave Washington, DC 20530 Dear Mr. Swick: I am a housewife in the heartland of the country. I did not loose a loved one on Sept. 11. I am writing about a justice issue in which I have no personal stake. was a hero who died in the plane crash in Pennsylvania on Sept. 11. It is my understanding that since he was gay, his loved ones are not being compensated. This is wrong and I wish to protest this discrimination. He was part of the group of men who overpowered the terrorists and gave his life that day. His bravery is Just a valuable as that of the straight men. His loved ones deserve compensation, too. Sincerely, Individual Comment St. Louis, MO September 11 Email: Date The local time and date when the message was written. 2002-03-14 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 dojR002859.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. 2002-03-14 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. Saturday, March 16, 2002 2:11 PM bigotry It is a shame and an embarrassment that after its long history of legally stigmatizing and discriminating against certain groups of people, the government is still doing it to gay people. The government has abandoned all the other forms of supremacy except hetero-supremacy. Include the families and loved ones of all Americans killed on 9-11, and stop governing like the Taliban yourselves. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000957.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, December 03, 2001 12:04 PM Rights for victims Hello, This tragedy can only be made worse by refusing to acknowledge loving relationships. Domestic partners (gay, lesbian and straight) should be recognized as beneficiaries. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-12-03 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 dojA000248.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. 2001-12-03 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 14, 2001 6:42 AM victims of 9/11 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 Marshfield, MA 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 dojA001708.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. Wednesday, December 19, 2001 8:38 AM RESPECT 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 Chicago, IL 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 dojA002761.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. November 12, 2001 Attorney General John Ashcroft U.S. Department of Justice 10th Street and Constitution Avenue Washington, D.C. 20530 Dear Attorney General Ashcroft, On September 11, many innocent people lost their lives in an act of terror that forever impacted this nation. It is important that we not forget them, and that has already been evidenced by the actions of this nation's citizens and government. In that spirit, President Bush recently signed the Air Transportation Safety and System Stabilization Act, which includes a provision called the "September 11th Victim Compensation Fund of 2001" a government-sponsored fund for those victims who do not sue the airlines. Recently the Department of Justice announced that it is seeking public comment on the implementation of the victim compensation fund. To truly honor and recognize all the lives lost in the September 11 tragedy, I respectfully ask that you include the most innocent of victims as "eligible victims" the unborn. It is known that at least one unborn baby died along with his or her mother during the attacks, and no doubt there were more unborn lives lost that have yet to be known. The families of those lost umborn babies are grieving too, and they deserve that loss to be recognized equally by their government. Thank you for your time and your leadership at this time. You remain in our prayers here at Focus on the Family. Sincerely, Issues Response Comment by: Focus on the Family September 11 Email: Date The local time and date when the message was written. 2001-11-12 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 dojW000333.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-12 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. Friday, December 21, 2001 7:02 AM Help same sex partners of terrorist victims Dear Mr. Zwick: The very humane Fund for relatives of victims of the September 11 terrorist attacks must include all relatives of all the victims. This importantly should include the partners and children of same sex unions. They suffer just as grievously for their deceased loved ones as do other survivors, and their need for assistance is just as great. Please do not give in to the importuning of callous homophobic groups and individuals who would have the Department of Justice limit compensation to survivors of heterosexual unions. They are interested in a political victory, not humane assistance. This Fund is intended for humane purposes; it is not a political statement, Mr. Zwick. Sincerely, Individual Comment 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 dojN000339.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. 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 Stanhope,NJ 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 dojA004370.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 9:20 PM survivorbenefits 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 Bethesda, MD 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 dojA003815.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Thursday, March 21, 2002 5:11 PM Equal Compensation For All It has come to our attention that there is an inequality in the law governing the benefits of the 9/11 fund. We support the fund and it's use, but we are very upset that spouses (i.e., partners) and households of same-gender families are not entitled to equal compensation under the law. We in same-gender households live as families, just as surely as those in heterosexual homes. We love, care for, and depend on one another. Many in same-gender unions are as dependant on one another's income as their heterosexual counterparts. Unfortunately, we are unable to engage in any form of officially recognized union (i.e., marriage). Please understand that this is not our choice, and we do not feel that those who lost loved ones should be penalized for this. It is impossible for us to accept that fetuses and illegal aliens are recognized in the plans for compensation, yet we within an American community are not. In the wake of the tragedy, America rediscovered its spirit of unity. We urge the 9/11 Fund to put action behind this administration's rhetoric and fully include our brothers and sisters. Individual Comment Missouri September 11 Email: Date The local time and date when the message was written. 2002-03-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR002565.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 9:22 AM support rights 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 Albany, MO 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 dojA002846.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. 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 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 Knoxville, TN September 11 Email: Date The local time and date when the message was written. 2002-02-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002616.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. 2002-02-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, April 01, 2002 3:53 PM Fw: Victims Compensation Fund- 9/11. We insist upon the equal treatment of all our citizens and families of people suffering the 9/11 loss. Your exclusion of gays and lesbian losses is systemic injustice typical of the Roman injustices visited upon the disenfranchised and their families about which Jesus protested. Individual Comment Westbury, NY September 11 Email: Date The local time and date when the message was written. 2002-04-01 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 dojR002873.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. 2002-04-01