765 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. Wednesday, November 07, 2001 4:00 PM Comments - 9-11 Victims Compensation Fund Public Comment re: September 11th Victims Compensation Fund. I welcome the opportunity, as an American citizen and taxpayer, to offer my opinion on this subject. Please note that my comments come with all due respect and sympathy to those who lost the lives of loved ones and/or property as a result of these dastardly acts. However, I believe the bill including this Fund should never have been passed in the first place. I was disappointed that our "leaders" in Washington felt obliged to respond with such haste and such little thought. One expects leaders to recognize that doing nothing (at least until the situation can be properly assessed) is also an option. At the height of public hysteria and chaos, one expects cooler heads to prevail. Having said that and realizing that the horse is out of the barn, I most assuredly expect that families who are deemed eligible will not receive funds for expenses already covered by charities and further, will have charitable benefits taken into account as collateral sources of compensation. I have given to some of those charities because I wanted to. I don't want to end up with an additional tax burden or another budget deficit because our leaders went off half-cocked - again! We're going to have plenty of places where we will need money to protect the citizens of this country. It is always a tragedy when loved ones die and/or there is a disaster that results in property loss. All citizens must prepare every day for the possibility that something might happen - yes, even something of this magnitude. Sure, there are exceptions, emergencies beyond our wildest imaginations - that's why we have FEMA. If we start compensating victims of war - and we know these were acts of war, not just acts of terrorism - we don't have enough money, now or ever. And how far back do we go? What have we done for the victims of the other recent and not so recent acts of terrorism - the USS Cole, the embassies in Africa, the barracks in Libya, the plane over Scotland - and what's yet to come. We have been told there is more to come, haven't we? Did we ever compensate people who suffered loss from the bombing of Pearl Harbor? If we didn't, so be it - how is this different? If we did, how did it work - could it be our model? We Americans seem to think the answer to everything is throwing money at the problem. It, more often than not, is not the answer. Why can't we just take the models we have in place - they work don't they - and not open up a can of worms that we'll regret for a long time to come? None of us will be the same after 9-11 but creating a monster in the name of relief that will be the source of controversy, lawsuit, debate, and potential abuse is not going to get us closer to getting on with our lives. Stop worrying about speed so much and consider fairness to all the Americans who were impacted - and that is all of us. From the bits I've seen and read, those folks who were family members of the big-bucks people who died, have access to computers, have been well educated, and can probably afford the time to communicate with every possible agency to seek out money. Who's going to do that for the little guy? I suggest you take some of that money and start figuring out how to really identify those who were impacted and to what degree. It amazes me, with all our so-called technology; we still have the city of New York identifying about 2,500 more missing than the charities that are handing out money. I don't believe if there's money being handed out, people are not going to come forward. As far as how to solve this dilemma, I suggest keeping in mind the words "reasonable and fair". The only way I can imagine it is if very strict rules (not guidelines) are established and then adhered to. That means putting the necessary controls into place to ensure there are no exceptions. Draw up a table - like the IRS does. Lost, a parent. Head of household? Yes, you get x dollars. No, you get y dollars. Lost a child. Was the child married? Yes, you get nothing - it goes to his/her surviving spouse. No, one (and only one) surviving parent gets x dollars. Etc., etc. until all the bases are covered. Then, finally, was there income from collateral sources (including charities)? Yes, subtract it from the amount on line x - you receive the balance. No, you get this amount. As for disputes among relatives over filing a claim, that's where you must stand firm. There must be a deadline for filing and a date for final payment. You must have the capability to attach all claims to one person (social security number) or property (legal description). Prior to any payment, all multiple claimants against one person/property must agree to one recipient and retract all other claims. If not, the lowest computed settlement goes to "the estate of" the person or property owner and the courts can work it out through the probate process if needs be. Nobody said this would be easy but it's important you get your best minds working on this, tighten it down, and then - and only then - publish it to the world and get on with it. Remember, no amount of money is going to make these victims whole. Knowing they live in a free country where their leaders do everything possible to protect them and treat them reasonably and fairly will go a lot further. Thank you for the opportunity to provide my input. Individual Comment Knoxville, Tennessee September 11 Email: Date The local time and date when the message was written. 2001-11-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000251.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, December 22, 2001 2:31 AM Equal Access to Crisis Relief Benefits December 22, 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 Springfield, MO September 11 Email: Date The local time and date when the message was written. 2001-12-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000668.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. 2001-12-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, November 07, 2001 11:22 AM Sept 11 Victims Comp Fund It seems to me that the legislation is clear; it did not include a provision that would reduce benefits to victims based on charitable giving. Further, it was hasty not to include such exclusions. The American taxpayer is burdened enough. While we as a nation are horrified by this act of terrorism, the victims should not be enriched by this tragedy at the expense of the taxpayer. There are huge sums of charitable funds out there for distribution if someone can figure out a fair distribution process. I am also of the opinion that this money should never, ever be used as a source of funds to compensate for the costs associated with legal action. Was this not the original spirit of the legislation; i.e., to bail out the airlines and provide a no-fault clause that prevented litigation. It is inconsistent to allow this money to be spent on legal costs. The voice of reason dictates that we not enrich the lawyers. There should, however, be an appeal process for special situation cases including mandatory releases when victims are the recipient of these funds. Thank you for this opportunity to respond Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000173.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, November 26, 2001 11:50 AM Comments on notice of inquiry and advance notice of rulemaking Dear Mr. Zwick, Attached please find comments I have regarding the proposed rulemaking relating to the September 11th Victim Compensation Fund of 2001. Sincerely, Attachment 1: November 25, 2001 Kenneth L. Zwick Director, Office of Management Programs Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Via email at victimcomp.comments@usdoj.gov Re: Comments on Notice of Inquiry and Advance Notice of Rulemaking, September 11th Victim Compensation Fund of 2001 Dear Mr. Zwick: My husband, , was killed in the terrorist attack on the Pentagon on September 11, 2001. I have several comments regarding the published notice of inquiry and advance notice of rulemaking published in the Federal Register on November 5, 2001: 1. In general I do not object to the use of the "interim final" rules procedure, given the time constraints. However, it is not clear from the notice how such a procedure impacts the claimants who file claims based on the "interim" rules. It would seem that in using this procedure persons with similar claims could be treated differently depending on when they file a claim. I believe that there will be a strong outcry if persons are treated differently either procedurally or substantively. Similarly, in topic #6 the comment regarding noneconomic losses indicates that the Department is considering making "meaningful distinctions" between persons who died in different locations. I cannot imagine what "meaningful" distinctions could be made based on the location of the death from these terrorist acts; thus it is difficult to comment fully on this issue. However, I would suggest that the Department apply a very strict scrutiny to any distinctions it considers making between victims, particularly those based on the location of the death. 2. Topic #1 & 2 solicits comments on whether every claimant should be permitted an oral hearing. While I do not have any comments as to whether hearing officers should be used or what their qualifications should be, I do believe that there should be a procedure for an oral hearing, particularly in light of the statutory right for the claimant to present witnesses and the lack of judicial review. The presentation of witnesses presumes that an oral hearing will be held, with all of the credibility determinations that involves. In addition, for practical reasons, there may be questions that arise from the information provided by the claimant that are more expeditiously answered in an oral hearing. While it might seem that a hearing would cut into the decision-making process, it may prove to be the most expeditious manner for the Special Master to get answers to questions arising from the evidence presented in order to meet the statutorily imposed deadline for decision. 3. There is nothing in the statute to indicate that the Department has the authority to limit the types and amounts of fees that may be charged by those assisting claimants (such as lawyers, accountants, economists). 4. The use of the term "personal representative" in section 405(c)(2)(C) of the statute clearly limits the type of person who may file a claim. Therefore, all claimants should be appointed personal representatives by a court. In effect, the claimant is the estate in every case where a death resulted from the act. (In injury cases the injured party themselves would be the claimant.). This eases the burden on the Special Master in the initial questions of determination of eligibility and puts the issues of notification of other "survivors" or heirs into state court designed specifically to deal with those issues. Similarly, the personal representative would not need to get the waivers of litigation rights from other "survivors" because he/she represents only the estate and not the other "survivors". 5. The rules make it clear that the Department does not want to require the use of economic experts, however, it does not address the issue of whether it would permit such evidence to be presented by a claimant. If the Department neither allows nor requires such evidence, should the Department hire an economist to assist the special master on behalf of all claimants? 6. It does not appear from the language of the statute that charitable contributions were intended to be included in the definition of collateral source. The statute defines the term to include: life insurance, pension funds, death benefit programs, and payments by governments. While I might argue the policy decision to include any of the above as collateral sources, it is a legal stretch to include charitable contributions as a "death benefit program". In addition, it will be almost impossible to quantify the "potential future collateral source payments" if such charitable contributions are included. To a certain extent the answer to this question comes back to the issue of who the claimant is. If the claimant is required to be the personal representative, there would be less of an issue because the charitable contributions that have been disbursed have been payable not to the decedent or the estate, but to the individual family members who survived. 7. While the statute makes it clear that persons who take under the Fund are giving up their rights to judicial review of the decision, in most cases where a benefit is payable through an administrative process without judicial review, an internal appeal process is provided. I believe the Department should include some type of administrative appeal or review, even if it is limited in scope or manner, and that such review should be heard by the Attorney General. Thank you for the opportunity to comment on these proposed rules. Respectfully submitted, Individual Comment 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 dojW000568.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. Thursday, December 20, 2001 12:20 PM fairness December 20, 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 Brooklyn, Ny September 11 Email: Date The local time and date when the message was written. 2001-12-20 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 dojA004297.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. 2001-12-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Thursday, December 20, 2001 1:10 PM Fairness regardless of sexual orientation December 20, 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 Santa Rosa, CA September 11 Email: Date The local time and date when the message was written. 2001-12-20 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 dojA004495.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. 2001-12-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, November 26, 2001 2:24 PM Comments on September 11th Victim Compensation Fund of 2001 M E M O R A N D U M TO: Department of Justice DATE: November 26, 2001 RE: Comments on the Air Transportation Safety And System Stabilization Act (the "Act") from the Massachusetts Bar Association's Presidential Task Force on the Preservation of Rights, Liberties, and Access to Justice. Please find attached the above-mentioned comments which are being submitted by the Massachusetts Bar Association and are due to the Department of Justice by today, November 26, 2001. We are also faxing a copy to you today at 301-519-5956. If you have any questions concerning these comments, please do not hesitate to contact me at . Attachment 1: TO: Department of Justice FROM: The Massachusetts Bar Association's Presidential Task Force on the Preservation of Rights, Liberties, and Access to Justice DATE: November 26, 2001 RE: Comments on Air Transportation Safety And System Stabilization Act (the "Act") The following are comments from the Massachusetts Bar Association, which were endorsed at the House of Delegates meeting on November 26, 2001 to be submitted to the Department of Justice on November 26, 2001. The September 11th Victim Compensation Fund was established to provide for the expeditious and fair compensation to the victims of our nation's tragedy. It is imperative that the Fund be administered in a just manner consistent with traditional tort damage principles, so as to foster support for the Fund. Because the participants in the Fund will waive their rights to file any other action related to the tragedy of September 11th, we must ensure that their participation as claimants in the Fund is both fair and consistent with the longstanding principles of our civil justice system. Section 405 (b) (1) (B) (ii) of the Act provides that the Special Master shall review a claim submitted and, with respect to a claimant determined to be an eligible individual, award: ...the amount of compensation to which the claimant is entitled based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant. Consequently, the Act dictates that participants in the Fund be treated as individuals and not as a class. Additionally, each claimant should be afforded his or her due process rights as provided by Section 405 of the legislation and each claim should be adjudged on its own merits. The MBA rejects and opposes the suggestion made by the ABA Task Force that the Fund should be administered with a view toward "horizontal equity". We also oppose the ABA's assertion that "predictability" will require that "appropriate ranges of recovery" be fixed in advance of adjudication. The MBA explicitly opposes the institution of a matrix system in order to administer the Fund, whereby individual claims would be categorized and processed by arbitrary class systems, and the MBA rejects any attempt to introduce structure and rigidity into awards, to set ranges of awards, and to cap damages. The MBA further believes that the administration of the Fund should adhere to traditional collateral source rule principles. Specifically, we oppose the inclusion of charitable gifts in the calculation of collateral sources. Voluntary payments to the various charitable funds that have been established, to the extent payments in turn are made to claimants, should not be counted against whatever is otherwise payable from the Fund. First, such inclusion would represent an unprecedented digression from traditional tort damage principles and create a dangerous precedent for the future. Second, inclusion of charitable gifts may have a severe and enduring chilling effect upon charitable giving in the future. Third, administering the Fund in this way may create a disincentive to participate in the Fund. The MBA agrees substantially with the proposal submitted by Senators Daschle and Leahy and Congressmen Gephardt and Conyers on October 25, 2001. Specifically, the MBA urges the Department of Justice to include the following in the regulations it promulgates: 1. A definition of collateral source which mirrors the language of Section 402 (4) of the Act, but also specifically states: It shall (collateral source) not include any grants or gifts given, or expected to be given, to the claimant as a result of the terrorist-related aircraft crashes on September 11, 2001, from any non-profit, religious, or other charitable 501 (c) (3) organization. Also, the reduction of the award should only include collateral source compensation the claimant has received, and is reasonably certain to receive in the future. 2. The Special Master should appoint the Hearing Officers rather than the Attorney General, since the Act clearly places such authority on the Special Master. 3. Given the complexity of damages, the uniqueness of the procedure, and the finality of the decision, use of a lawyer in the claims process is strongly encouraged. 4. Any form promulgated for presentment of a claim must contain the following information in clear-unambiguous language: a. The claimant has the right to be represented by a lawyer. b. In presenting this claim, the claimant is forever waiving his/her right to file a civil suit, and to have a jury determine the economic and non-economic damages sustained as a result of the catastrophe on September 11, 2001. c. The availability and location of pro-bono lawyers offering assistance to those presenting claims. d. There is no right of appeal from the decision of the Special Master. 5. Since a claim is not deemed filed upon submission, but rather upon the determination that it is complete, the regulation must provide an extension mechanism for claims submitted on or near the two-year deadline. 6. The amount of compensation sought should not be stated on the form completed. Claimants proceeding without the benefit of counsel may be placed in a disadvantageous position if this amount is included. Although under some proposals the award may exceed the amount sought, by requesting a specific amount, the claimant may be limiting his/her recovery because a hearing officer is not likely to award an amount vastly greater than that requested. 7. Since the Act clearly provides claimants with the right to present evidence, including the presentation of witnesses and documents {Section 405 (b) (4)}, claimants must be afforded the opportunity to present their claims to hearing officers. An appeal or review to the Special Master provides a necessary safety net. 8. The hearing officer shall award economic and non-economic damages in accordance with the elements of those damages specified under Section 402, subsections (5) and (7). Of particular importance in making these awards is the intent of Congress that non-economic damages not be limited by any unique state law provisions. 9. The deduction of collateral source payments from any award must be stated specifically, and the award must address the right of subrogation for certain collateral source payments. Additionally, the collateral source deductions shall only be made from the award to the beneficiary receiving the collateral source. 10. Life insurance, pension funds, and death benefit programs shall be defined to exclude the present value of amounts contributed by the claimant or the decedent to any such funds, programs, or benefits. In conclusion, the MBA supports the efforts of Congress in establishing the September 11th Victim Compensation Fund of 2001. We hope that the Fund will be administered in a fair manner, so that compensation will occur swiftly and justly for the many affected families. In order to meet these goals, the administration of the Fund must preserve the due process rights of all claimants, and allow for full compensation as provided by the legislation. We urge the Department of Justice to adopt the principles set forth above, so as to administer the Fund in a just and compassionate manner. Comment By: The Massachusetts Bar Association's Presidential Task Force on the Preservation of Rights, Liberties, and Access to Justice 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 dojW000591.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. December 14, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately, both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment San Francisco, CA September 11 Email: Date The local time and date when the message was written. 2001-12-14 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA004789.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. Tuesday, March 19, 2002 4:40 PM To whom it may concern: I am outraged that gay and lesbian partners of those who died on September 11 are not automatically going to receive the same benefits as heterosexual spouses. I heard the government say said that after September 11 there would be no more "hyphenated Americans". There is no problem when you Parade them as the heros that saved us or sacrificed their lives, to inspire support for the increasing war on terrorism. But give compensation to their Gay and Lesbian Spouses? I guess Bigotry and hate still step in to defeat freedom in America after all. How sad that you cannot learn from the past, for you are doomed to repeat History's mistakes. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR002228.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, March 19, 2002 9:31 AM To Whom it May Concern, "[Gays and lesbians are] left out of my program to the extent that their own state doesn't include them. I cannot get into a position in this program, which has a one-and-a-half or two-year life start second-guessing what the state of New York or the Commonwealth of Massachusetts or the state of Virginia or New Jersey, how they treat same-sex partners, domestic live-ins, etc. I simply say this: What does your state law say about who is eligible? If your state law makes you eligible, I will honor state law. If it doesn't, I go with the state. Otherwise, Tim, I would find myself getting sued in every state by people claiming that I'm not following how the state distributes money. I can't get into that local battle. I've got to rely on state law." - Kenneth Feinberg on NBC's "Meet the Press," March 10, 2002. Once again, our current government disappoints me. I pray that one day our country will be civilized enough to treat everyone equally. Its really not that hard to figure out. Individual Comment Syracuse, NY September 11 Email: Date The local time and date when the message was written. 2002-03-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR002084.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, March 18, 2002 6:42 AM September 11 Victim Compensation Fund Discrimination is un-American--no matter how you cloak it. 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. Please correct this injustice! Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001606.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. Friday, December 21, 2001 2:00 AM Mr. Feinberg: Determination of the amount of compensation to victims' dependents should be based solely on the principle listed below and on no other. Has anyone at the DOJ ever read these words? We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the pursuit of Happiness. Individual Comment Houston, TX September 11 Email: Date The local time and date when the message was written. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000200.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. November 19, 2001 Mr. Kenneth L. Zwick Director United States Department of Justice Office of Management Programs - Civil Division Main Building, Room 3140 950 Pennsylvania Avenue Washington, D.C. 20530 Dear Mr. Zwick: I am writing on behalf of constituents of my district who have expressed concern with the Victim Compensation Fund signed into law on September 22, 2001 as part of the Air Transportation Safety and System Stabilization Act. Seven of the survivors of the more than one hundred deceased who lived in my district have asked me to forward their comments to you in response to the Notice of Inquiry and Advance Notice of Rulemaking published on November 5, 2001. Copies of these comments are enclosed, and I have summarized below what I believe are the three major areas of concern which they raise. If these concerns are addressed, I believe participation in the fund will increase. I trust that you will give these comments all due consideration while drafting the interim final rules to be published by December 21, 2001. One of the principal concerns my constituents have with the Victim Compensation Program is the requirement that claimants waive their right to sue others before they are advised of whether or not they will receive compensation under the Program or how much. They find this troublesome because, typically, when one is asked to settle in lieu of litigating, one has some expectation of the size of the settlement and the settlement process to allow comparison with the benefits and difficulties of litigation. My constituents feel, however, that they will be asked to choose between a gamble and a gamble, and they do not have an incentive to choose the gamble that comes with no appeal rights (the Victim Compensation Program). I note that there does not appear to be any prohibition in the legislation to establishing the claimant's entitlement to a minimum lump sum upon agreeing to waive the right to sue others. Perhaps it would encourage participation in the Program, therefore, if the regulations include a provision entitling claimants to a minimum lump sum upon filing a claim and establishing basic eligibility. Another concern my constituents have with the Program is that all collateral source amounts received or to be received by a claimant as a result of the attacks are to be deducted from any amount of compensation awarded under the Program. They are troubled by this because it is not entirely clear what will and will not be considered a collateral source amount. If this rule is applied to charitable contributions, those charitable contributions are in a sense cancelled for both the giver and the receiver. The legislation certainly does not intend to deter charitable giving, it simply intends to protect both critical industries and the victims of the attacks from lengthy litigation that would be economically and psychologically debilitating. I believe that the American public generally intends for the victims' families to benefit from their charitable generosity, and perhaps participation in the Program would be encouraged if the regulations make it clear that charitable contributions received by the survivors are not to be deducted. Finally, careful reading of the legislation shows that it is also ambiguous who the "claimant" is under the Program. Clearly, " claimant" includes a person injured in the attacks who is filing on his or her own behalf. However, with respect to those who were killed in the attacks, some sections of the legislation indicate that the "claimant" is the individual who was killed (for example, sections which refer to claimants being "present at" the attacks and claims being filed "on behalf of the deceased"), and other sections indicate that the "claimant" is the survivor of the person who was killed (for example, the provision under which awards are to be reduced "by the amount of the collateral source compensation the claimant has received", since it is the survivor who receives collateral source amounts). The question of who the claimant is has many implications. If the claimant is the deceased, it seems that life insurance payable to the survivor should not be deducted. If the claimant is the survivor, it seems that pain and suffering of the deceased should not have to be demonstrated specifically. I think that questions about deducting collateral source payments and also about non-economic losses of the claimant would be reduced if the regulations clarify who the claimant is. These, I believe, are three of the most fundamental concerns my constituents have raised with this legislation and which, I believe, should be addressed in the regulations. I would appreciate it if you would respond to me with respect to all of these concerns before the interim final rules are published on December 21, 2001. In addition, as indicated by the enclosed, my constituents have other concerns with the legislation. Some object to the requirement that they waive their right to sue everyone, when it seems that the legislation was only designed to protect the airlines. Some are deeply concerned about the lack of appeal rights. Some object to the limitation that only one person is allowed to file a claim with respect to a deceased person, when many suffer from the wrongful death of each person. Therefore, I would also appreciate it if the Special Master would arrange for a public hearing with respect to this legislation as soon as possible somewhere in the Central New Jersey area, which was deeply affected by the attacks. I thank you for your time and attention in reviewing these important questions, and I look forword to your response. We all want regulations that will compensate fairly the victims of the September 11 attacks. Comment by Rush Holt, Twelfth District, New Jersey Attachment 1: Tuesday, November 13, 2001 2:31PM Fw: VICTIMS COMPENSATION FUND COMMENTS >Dear Mr. Zwik, > >I AM PROVIDING THE FOLLOWING COMMENTS FOR YOUR CONSIDERATION IN REGARDS TO >THE SEPT 11TH VICTIMS COMPENSATION FUND. FIRST AND FOREMOST, THE LAST THING >THE VICTIMS FAMILIES (HEREIN REFERRED TO AS THE FAMILIES) NEED IS PROTRACTED >LITIGATION. ALACRITY IS ESSENTIAL. IT IS MY UNDERSTANDING THAT THE FUND >WILL BE STRUCTURED TO ENCOURAGE THE FAMILIES TO SURRENDER THEIR RIGHTS TO >SUE. THAT BEING SO, I RECOMMEND THE FOLLOWING GROUND RULES: > >1. ANY AWARD WILL NOT BE REDUCED FOR OTHER BENEFITS (E.G., INSURANCE, >PENSION, AND DEATH BENEFITS). THE OTHER BENEFITS WERE PAID FOR SEPARATELY >AND SHOULD HAVE NO BEARING ON THE AWARD. > >2. THE FAMILIES RETAIN THE RIGHT TO APPEAL. > >3. IF THE APPEAL IS NOT AN OPTION, THEN THE FAMILIES WOULD CHOOSE THEIR >MEDIATOR FROM A LIST PROVIDED BY THE GOVERNMENT. THIS LIST WOULD INCLUDE BACKGROUND INFORMATION ON THE MEDIATORS SO THAT THE FAMILIES MAY MAKE AN ENLIGHTENED CHOICE. > >4. THE FAMILIES SHOULD HAVE SOME FORMULA TO CALCULATE A MINIMUM, ACCEPTABLE >AWARD. THE FORMULA SHOULD CONSIDER LOST FUTURE EARNINGS, NUMBER OF >CHILDREN, STANDARD OF LIVING, ETC. > >5. ESTABLISH PARAMETERS TO CALCULATE PAIN AND SUFFERING AT THE MEDIATION >HEARING. > >6. IF THE MEDIATOR DOES NOT ADHERE TO THE ESTABLISHED PARAMETERS, THE >FAMILIES MAY APPEAL. > >7. THE AWARD MUST ENCOMPASS MORE THAN LOST FUTURE EARNINGS. IT MUST >CONSIDER EMOTIONAL SECURITY, FAMILY DEVELOPMENT, AND OTHER NON-TANGIBLES. > >8. THE AWARD WOULD BE AN "AWARD" AND THEREFORE NONTAXABLE BY FEDERAL, >STATE, AND LOCAL GOVERNMENTS. > >THANK YOU FOR YOUR TIME AND CONSIDERATION. > >Individual Comment. > Attachment 2: Tuesday, November 13, 2001 9:50PM HELP HER PLEASE As a relative of one of the victims of the September 11th terrorist attacks, I trust that the regulations for the Victims Compensation Fund ("the Fund") can be fashioned in such a manner to bring equity and closure this most awful chapter in American history. Towards that end, the Fund must be structured to encourage victims' families to surrender their rights to sue because they believe they will be treated fairly and promptly. To send such a compelling message I respectfully submit that the regulations must contain following elements: 1. Do not reduce the award from any collateral source funds collected including insurance, pension benefits, death benefits, and governmental payments (which we understand are being considered as offsets). Such offsets should be disallowed for, among other reasons, the same reason the IRS exempts life insurance proceeds from taxation (i.e., to encourage citizens to plan for their heirs). Such offsets would penalize those victims who sacrificed and saved for their families' futures and unjustly transfer these assets, thereby representing a lifetime of work, to insurance companies and other corporate entities that may share the blame for the consequences that resulted from the tragic events of 9/11. In a nutshell these assets have nothing to do with the damages that flowed from 9/11, and therefore there should be no offsets to damages based on the net worth of the victims' families. It would also result in awarding more in damages to those who did not sacrifice and save for their families' futures, which would be an inequitable result. 2. Provide the victims' families with the right to appeal the award, as doing so would undoubtedly increase participation in the Fund. 3. Should the Department of Justice decline to offer victims' families the right to appeal, then at a minimum they should have input regarding the selection of the mediator who would decide the award. The government should provide a list of potential mediators with their background (e.g., educational, work experience, prior award history, etc.), which would allow victims' families to make an informed choice. 4. There should be set parameters for calculating damages (i.e., mathematical formula factoring lost future earnings, pension benefits, number of children, and other pecuniary benefits that would have been earned talking into consideration life expectancy tables), that would provide a floor for calculating damages and provide assurance to victims' families as to what they could expect to receive, at a minimum, if they elected to opt into the Fund. I believe this has been referred to in the press as the development of a "grid". In short, the victims' families should be able to calculate, with some certainty, the minimum amount of money they could expect to be awarded prior to participating in the hearing. That should serve as a powerful inducement to opt into the Fund. 5. Determine pain and suffering at the hearing. 6. If the mediator deviates from the guidelines the victims' families should be able to appeal the decision. 7. The regulations should include a scheme that would afford the victims' families one that is similar to the one they would enjoy in a wrongful death case. The amount awarded as damages should include all funeral, burial, and estate administration expenses incurred. Importantly, the amount should compensate the victims' family for contributions they would have received between the time of his death and the end of this life expectancy, such as future lost wages. His gross earnings, including all fringe benefits between the date of his death and his life expectancy, must be factored in. Additionally, all monies the victim would have spent for or given to his family for such items as shelter, food, clothing, medical car, education, entertainment, gifts and recreation, taking into account his salary and age, must also be considered. The amount awarded should also consider the comfort and friendship that he would have given to his family had he lived and such other elements as work around the home and provision of society and comfort. 8. Since the amount awarded would be intended to restore the victim's family's loss, it should not be considered as "income." Therefore, it should not be taxable by the federal or state taxing authorities. In closing, I understand the DOJ is suggesting that the victims' families surrender their right to sue without advising them what they can anticipate by way of award and without the ability to appeal such award. This is, to be kind, unacceptable. The above suggestions would encourage attorneys and families alike to opt into the Fund, thereby forgoing their right to sue. This would bring closure to an American Tragedy and reassure victims' families that our government has their best interests at heart. We only want to place them in the financial position they would have been in had their loved ones not been taken away in the worst terrorist attacks in American history which may have been avoided. But that is another story. Only you can help. Thank you. Individual comment my sister lost her husband in WTC Attachment 3: Tuesday, November 13, 2001 7:21PM September 11 My brother was killed on September 11th. He was one of the unlucky employees of . I am writing because I'm horrified by the way Congress has handled this situation so far. I can only imagine if a member of Congress lost a family member that day, how different the outcome would be. You have no idea the pain and suffering that is torturing my family. How can the government say that there is only one person who represent each family? My parents lost their only son. My sister and I lost our only brother. My sister-in-law is left to raise her three children by herself. A 9 year old boy, 7 year old girl and a 3 year old boy. What is this about "double dipping"? The government is afraid families are going to get "rich" from this tragic event. I invite any member of congress to go live with my sister-in-law and her three children for one week, live with her heart ache, live with their despair. There is not enough money in the world to help heal my family. But since there is no other way for the families to seek justice, except by filing lawsuits, that is what we, as Americans, should have the right to do. I thought the government was here to protect us. Instead you hire airport employees who have criminal records to "protect us". Where was the Homeland Security during all of this? On top of all our pain and suffering, this should be the last thing my family, along with (5000 other families) should have to deal with. I hope in the end the government does what is right. Thank you, Individual comment Attachment 4: Honorable Rush Holt Princeton Junction, NJ RE: WORLD TRADE CENTER VICTIMS FEDERAL COMPENSATION PROGRAM Dear Congressman Holt: My husband, ,was a 52 year old employee of for 20 years, and is one of the many Employees who is missing at the World Trade Center. Unfortunately, he was on the 101th Floor at the time of the terrorist attack. To say that my two children and I are devastated and are feeling a great loss is to grossly understate our feelings. He was a wonderful husband and a very involved father, and will be greatly missed. As a result of this horrible tragedy, my family is now in a state of great uncertainty. We have not only lost our husband/father but the sole supporter of our household. I am in the midst of seeking financial relief and have tried to keep abreast of all developments relating to governmental programs currently being discussed. The Federal Compensation Program has been one option that I am eagerly awaiting the details. However, there have been some rumors that have not only upset me but have made me feel like my husband has become a victim a second time. I have heard that Congress is working on a formula in order to figure out the compensation a family will get under this Federal Compensation Program. It is my understanding that a victim's annual compensation and age on September 11th will be determining factors in that formula. It is also my understanding that in that formula the amount of years that one is expected to work is also a critical factor. Lastly, it has been suggested to me that Congress is contemplating using the age of 55 years or 60 years as the baseline for one to retire, and, therefore, compensation would not be figured for any years past that. I am of the further understanding that the expected workable years will also vary according to the industry (in our case, that being the brokerage industry). To say that the above factors, in my opinion, are grossly unfair and lacking in justice, once again, understate my feelings. I'd like to point out that while my husband did work in the brokerage industry, he remained with one company for 20 years. Notwithstanding that fact that there is a large amount of movement within the industry, my husband clearly was an exception. Furthermore, this would indicate that he would have continued to work in this capacity, in the brokerage industry, until he was at least 65 years old. To make a broad generalization that people in the brokerage industry do not remain in the industry (or with a firm) on a long-term basis would result in a gross injustice and prejudice against those who do not fit the presumed profile. Such a presumption is wrong. My husband was a healthy 52 year old man, who had every intention of working until he was at least 65 years old. Retirement before 65 was simply not an option for him since financially we were not prepared. All savings toward retirement were made by my husband's contributions into a 401k. Additionally, the market has been such that my husband lost a great deal of the money he had put into the 401k Plan. For these reasons, we could not have afforded retirement and, therefore, he would have worked until 65 years old or older. I am certain that I am not the only one in this situation. Therefore, since you are my Congressman, I ask that you truly represent my family (and, most importantly, my deceased husband) when Congress puts together the final details for the Federal Compensation Program. It is not my desire to take the litigation route, especially since my family is not in a position to wait for the Courts. I have two kids that need to be taken care of and without a fair compensation program I will be unable to adequately provide for them. Since my husband was 52 years old, he had at least another 13 years that he would have had to work. My husband's life was cut short by terrorists. Please do not make him a victim again by cutting short the years that he planned to work. He would never have considered retirement before the age of 65 and I am simply asking that Congress take our situation into consideration when they fine-tune the formula in which they use in determining the compensation that the victim's families receive. It is the only fair and just way to treat this unfortunate matter. Please do not allow Congress to Victimize us again by not providing us with the support that my husband had planned to provide. I would appreciate your response to the above as soon as possible. I am having a difficult enough time dealing with the loss of my husband, and, in addition, having to deal with the financial problems that I am now faced with is way too much to bear. I ask you to please represent my family in a fair and just manner. Thanking you in advance for your prompt attention. Very truly yours, Individual comment Attachment 5: Thursday, November 08, 2001 11:27AM Re: September 11th Victims Compensation Fund I lost my son, age 39, in the World Trade Center attack on Sept. 11, 2001. The grieving and the devastating loss of my son will remain with me for the rest of my life. Through my tears, I will try to express my opinion regarding the Compensation Fund. 1. Eligibility To Make a Claim Don't parents count? According to the regulation, if my daughter-in-law, (whom I am very close to), decides to go with the Fund, I am totally excluded from receiving any monetary damages. It should be specified that other family members (parents) should also be part of the award. Their award should not be deducted from the spouses. As the law stands now, I also cannot sue or file a lawsuit against the terrorists, terrorist organization or countries that support terrorism, nor can I sue any company for negligence. I am totally excluded as if my heartache does not matter. The regulation should clearly state that surviving family members have their own, derivative claims. The regulations should also create uniform rules addressing which family members are entitled to share in an award and how they will share in the award. Again, don't I count? 2. Nature & Amounts of Awards The victims should have the option of accepting the award or being able to sue on their own. They should not have to sign away their right to sue before they know what the award will be. The victims should also be allowed to sue the assets of the Terrorist funds whether they receive an award from the Fund or not. The Act could not have been intended to protect the financial interest of terrorist or terrorist organizations. Collateral benefits should not include payments from charities. The regulations should create a procedure by which there can be an administrative appeal of the award. I certainly you can help me to have a voice in this matter. Thank you, Individual comment Princeton, NJ Attachment 6: Mr. Kenneth L. Zwick, Director Office of Management Programs Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue, N.W. Washington., D.C. 20530 RE: CIV 104P; AG Order No. RIN: 1105-AA79 September 11th Victim Compensation Fund of 2001 Dear Mr Zwick: I am a September 11th widow. As someone who is experiencing first-hand the bureaucratic nightmare generated by variants in private and public aid institutions, I implore you to consider this - that the Victims Compensation Fund as currently written alludes to a series of economic and non-economic "criteria" (undefined). While commenting on what is not known is difficult at best, I offer these concerns: . Collateral subtracted from compensation punishes those families of victims who paid for policies and benefits and Federal programs out of their salaries, who lived within their means and saved and whose surviving family members have already struggled to receive help from any array of charity funds whose donations were intended by the American people to be distributed to those families regardless of circumstance. . There is no consideration of the amount of income contribution or benefits (such as health insurance) that have been lost. . The relative pain and suffering of the victims cannot and should not be quantified in these circumstances; to attempt to do so is wildly inappropriate. . The administrative cost of information gathering, verification, documentation, and evaluation required to implement this process would proportionately reduce the funds available to the families and put them (yet again) through unnecessary bureaucracy. . The requirement to accept the offer in lieu of pursuing a lawsuit prior to knowing the dollar amount of the payment is egregious and unfair. . The possibility of subjective evaluations raises the potential of inequity and places the burden of proof on those seeking some sort of help. For all these reasons, I urge you to abandon the arbitrary set of criteria set forth in the rules and regulations and simply divide the total into equal cash payments to every applicant. Otherwise, I believe that this Act will spawn the hundreds, perhaps thousands of lawsuits it seeks to avoid. Sincerely, Individual comment Attachment 7: Thursday, November 08, 2001 2:39PM Subject: Comments My husband of almost 16 years was killed on the 105th floor in the WTC North Tower. He was an employee of . I have several comments about what I have Read about the 9/11 settlement fund. 1. If I am not mistaken, this law was set up to protect the airlines from going under. Why should the U.S. Government care if I sue the Taliban, or anyone else who has nothing to do with the airlines even if I sign on to the settlement? 2. I believe that a set minimum amount of money should be received by the family of each victim who lost their life on 9/11. This set amount, which would be revealed to us in advance, would enable me to evaluate whether or not it makes economic sense for me to sign on to this settlement. On top of the set minimum, all other factors should be considered such as: economic earnings potential of the victim, pain and suffering, loss of companionship etc. From this amount, subtractions would be made. 3. Will Social Security benefits and/or Worker's Compensation be subtracted from the settlement amount? I do not believe these monies should be subtracted. 4. Is the settlement amount taxable? 5. I do not agree that life insurance should be subtracted from the settlement amount. Will my premiums be reimbursed if life insurance is subtracted? 6. Will charitable contributions be subtracted? Individual Comment East Brunswick, NJ September 11 Email: Date The local time and date when the message was written. 2001-11-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000730.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Sunday, January 13, 2002 2:01 AM (no subject) It is a shame that our husbands who were considerate enough to provide for us with good benefits and life insurance will not in a sense be penalized for doing so. How dare you deduct life insurance and what My Wonderful Husband would have earned to take care of us during his employed life. It is a disgrace. Also, Mr. Feinberg, how would you like it if I told you your wife's life or your mother's life were worth a mere $250,000. You should be ashamed. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-01-13 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 dojN001534.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. 2002-01-13 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. 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 Oklahoma City, OK 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 dojA001830.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Thursday, December 06, 2001 4:21 PM Discrimination in the administration of the September 11 Fund To whom it may concern: It would be pointless and almost impossible to name the various groups of people who have been affected by the tragedy of 11 September. It is fair to say that this event had and will continue to have an effect on people for years to come. The terrorists were blind to the diversity among the people in the World Trade towers. They struck without regard to anything. The response of the world community and the American people has been without regard as well. I know of many of my friends who have given sacrificially to this cause. As an American citizen and a compassionate human being, I urge you to be equally as blind in the administration of this fund. ANYONE who was directly affected should be at liberty to apply for compensation, including those who lost their life partners as well as de facto parents or children, without regard to sexual orientation or marital status. I ask that you follow the example already set by New York Governor Pataki in 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." Please show blind compassion. Thank you Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-12-06 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA001207.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-06 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 6:58 AM Protect Traditional Marriage Mr. Kenneth Zwick Office of Management Programs Department of Justice Washington, DC Dear Mr. Zwick: I want to express my opposition to any effort by the federal government to provide 9-11 victim compensation funds to "domestic partners" of unmarried survivors of the terrorist attack upon our nation. Funds disbursed through the September 11th Victim Compensation Fund of 2001 should only go to the surviving family members of those who died on 9-11. Funds must go to the widows, widowers, orphans, and other blood-related or adopted members of the family--not to unmarried sexual partners of those who died. To provide funds to "domestic partners" is to undermine the traditional definition of marriage and family to include any number of sexual liaisons between same-sex or opposite-sex unmarried couples. Many homosexuals and swinging heterosexuals, for example, engage in sex with multiple partners. Do we provide funds to each of the sexual partners? Where do we draw the line on how many "domestic partners" a person may have? Homosexual activists are exploiting the 9-11 tragedy by asking the federal government to redefine what constitutes a legitimate "family" under the law. In fact, homosexual activist , writing in Out magazine has openly called for the subversion of the concept of marriage between a man and a woman. He has urged homosexuals to fight for the legalization of homosexual marriages and once legalized to "redefine the institution of marriage completely . . . . to debunk a myth and radically alter an archaic institution. . . . The most subversive action lesbians and gays can under take--and one that would perhaps benefit all of society--is to transform the notion of 'family' entirely." If the DOJ provides funds to "domestic partners," it will be helping accomplish his goal: That of redefining marriage and altering what he calls an "archaic institution." We also oppose September 11th Funds going to the estates of the deceased instead of to their surviving family members. No one can know for certain where these funds will end up if they are deposited in the estate of a person who has died. The person may have willed his estate to a terrorist, racial hate group, or even to an organization like the North American Man-Boy Love Association. No one will know unless each person's will is examined by a DOJ lawyer. The money should go to the surviving family members of the deceased, not to the estate or to the surviving "domestic partner." Individual Comment Plano, TX September 11 Email: Date The local time and date when the message was written. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA002540.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, December 04, 2001 8:31 PM September 11 Victim Compensation Fund Dear Mr. Zwick: I am writing in response to the Department's request for public comments regarding the forthcoming regulations for implementing and administering the "September 11 Victim Compensation Fund." I strongly urge the Department to draft regulations that ensure compensation is available to all victims of the attack, including the committed partners and the non-biological children of gay and lesbian victims. It is unquestionable that the devastating grief and economic losses suffered by the families of gay and lesbian victims are no less than that of other families. Just as the terrorists drew no lines in choosing their victims, our country must draw no lines in compensating those who suffered the most personal of losses from these horrific attacks. Many Americans lost their lives on September 11, each of whom left behind loved ones. I urge the Department to honor these bonds by treating the families of gay and lesbian victims as you would any other. Sincerely, Individual Comment Hamburg, NY September 11 Email: Date The local time and date when the message was written. 2001-12-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000553.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Sunday, March 17, 2002 4:29 PM funds for partners of g/l victims of sept. 11th Dear Kenneth L. Zwick, Director, I am writing to you today because it is my understanding that gay and lesbian family members of the victims killed on Sept. 11th will not be treated with the same dignity, fairness and respect. The funds allocated for families of the victims should include partners of Gay and Lesbian people who were either killed or heroically gave their lives on September 11, 2001. If nothing else, it was my hope that we, as a nation, could take away from this horrific tragedy, and assault on our country, that we are ALL Americans. Hatred brought to us this kind of attack, it's painfully ironic that we are allowing prejudice and hatred to effect, in any way, our national duty to all of the families effect by this tragedy. An easy solution to this mess, would be to allow for all committed adult couples to be legally recognized for the families that they are. Since we aren't there yet, nationally, the only just thing to do would be to recognize the reality that gay and lesbian families exist and should be compensated equally to that of heterosexual families. Please listen to all of the rational voices across America and remember ALL of the people who died and the grieving families they have left behind. Love, and commitment makes a family, Sir, not some made up political definition. It is my hope, that a just decision will be made, and that American's can truly hold their collective heads high, knowing that we have not turned our backs on our sisters and brothers. In Peace and Unity, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-17 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001479.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-17 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, March 18, 2002 6:27 PM Anger at exclusion of gay and lesbian survivors. I am shocked and appalled that you have decided NOT to compensate the surviving partners of gay and lesbian Americans who perished on September 11, if their home state does not recognize such relationships. Shame on you. Individual Comment Los Angeles, California 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 dojR001820.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