775 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. Friday, February 01, 2002 1:36 AM Justice help all terrorist victims Dear Mr. Zwick: The very humane Fund for relatives of victims of the September 11 terrorist attacks must include all relatives of all the victims. This importantly should include the partners and children of same sex unions. They suffer just as grievously for their deceased loved ones as do other survivors, and their need for assistance is just as great. Please do not give in to the importuning of callous homophobic groups and individuals who would have the Department of Justice limit compensation to survivors of heterosexual unions. They are interested in a political victory, not humane assistance. This Fund is intended for humane purposes; it is not a political statement, Mr. Zwick. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-02-01 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojP000318.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-02-01 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource 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 2:43 AM Victims Relief Fund for all victims December 19, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Pasadena, CA September 11 Email: Date The local time and date when the message was written. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA002486.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. 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 Santa Ross, 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 dojA004847.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. Thursday, December 20, 2001 11:20 AM Love has many faces. December 20, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International 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 draw rules for administering the relief fund, I ask that you apply basic international human rights standards, the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, without regard to sexual orientation. Many lesbian and gay people were killed in the September 11th attacks and need 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. Sincerely, Individual Comment Poulsbo, WA 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 dojA004253.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. Sent: Wednesday, December 05, 2001 1:59 PM Dear Sirs, I strongly urge the Department of Justice 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. The devastating grief and economic losses suffered by the families of gay and lesbian victims are no less than that of other families. The terrorists drew no lines in choosing their victims, our country must NOT draw lines in compensating those who suffered the most personal of losses from these horrific attacks. 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 Marina, CA To submit your comments by mail, send to: Kenneth L. Zwick, Director Office of Management Programs Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue Washington, DC 20530 September 11 Email: Date The local time and date when the message was written. 2001-12-05 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 dojA000861.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. 2001-12-05 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 12:57 PM 9/11 disaster relief for gay spouses Dear Department of Justice: Send a message to the world that America treats all of it's citizens equally -- extend the disaster relief benifits to the domestic partners of the gay victims and heros of the 9/11 tragedy. 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 dojR001912.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. Thursday, December 20, 2001 11:58 PM basic human rights 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 Port Townsend, WA 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 dojN000345.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. Tuesday, November 27, 2001 7:58 PM (no subject) Dear Attorney General Ashcroft, The deaths on September 11th were the result of an attack on America. Please do not discriminate against the unmarried partners of September 11th victims. All unmarried partners, gay or straight, young and old and their dependents should be eligible for compensation. Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-27 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 dojA000048.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. 2001-11-27 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, January 26, 2002 11:42 PM Comments Regarding Federal Victims Compensation Program To: Mr. Feinberg - Department of Justice From: - Staten Island, NY My husband, , was a fireman who heroically died on September 11th. He was a hardworking man, dedicated husband, father and firefighter. We have 3 children (babies) - 4 years old, 3 years old and 1 year, who now have to spend their entire lives without a father. I lost my husband who was a kind and wonderful individual whom I loved with all my heart. Now you tell us that he will receive nothing from this so called compensation fund. provided for us immensely. Although being a fireman did not afford him a big salary, he knew that his pension would provide for us after his retirement. He always understood that the FDNY was not a high paying job but the pension made it more attractive and helping people was part of his gift. The goal for his pension was for our family's future not to "compensate" for the loss of his life. How can you negate something that he strived for his entire career? This fund was designed to aid families in this tragic incident -- how are you helping me by scrutinizing my husband's financial intentions? Yes, my husband had a pension plan but we always thought we would revel in it together. Every day he went to work to do his job to the best of his ability but on September 11th, he was murdered doing that job. He died helping to save the city that he loved and it's citizens. Is that not punishment enough? This fund was earmarked for the victims and you want to deny me money that can help me accomplish the goals that we set for our children. Without , I am faced with raising 3 babies on my own. I have a whole life time ahead of me to try to provide for them. Three life times of doctors, food, clothing, education and some sort of normalcy without their Daddy. I myself had to resign from my job to take care of them and forfeit my yearly salary. I do not know when or if I will ever be able to return to work. In my eyes, on 9/11 the government failed us all. This heinous act of terrorism occurred in our very own country with no warning. We were blind sided and I wonder exactly who was not doing their job. Now my family is destroyed and I wish for all the victims to be recognized and fairly compensation by this federal fund. How can you possibly ask me to justify how much my husband's life was worth and how difficult our lives will be without him? Individual Comment Staten Island, NY September 11 Email: Date The local time and date when the message was written. 2002-01-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojP000194.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, January 07, 2002 1:09 AM WTC It is my understanding that there is a $250,000 gap for families that lost someone in the WTC collapse. If this is true this is a horrible display on how our Government should not work. Change the rules to accommodate these victims! Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-01-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN001389.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, November 27, 2001 1:32 PM Justice Department's September 11th Victim Compensation Fund Dear Attorney General Ashcroft, The deaths on September 11th were the result of an attack on America. Please do not discriminate against the unmarried partners of September 11th victims. All unmarried partners, gay or straight, young and old and their dependents should be eligible for compensation. Individual Comment San Francisco, CA September 11 Email: Date The local time and date when the message was written. 2001-11-27 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 dojA000025.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. 2001-11-27 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, March 12, 2002 2:55 PM Compensation for all? I'm appalled by Kenneth Feinberg's inhuman decision to offer 9/11 compensation to the families and partners of everyone - including illegal aliens - except gays and lesbians. , a gay man from San Francisco, has been singled out repeatedly for his heroics in preventing United flight 93 from destroying the Capitol or White House. One of the pilots of the four planes that were hijacked was a gay man. Many other gay and lesbian Americans were murdered that day, and their partners and families are grieving as deeply as the partners and families of all the straight people who died that day. Either payments should be made to everyone who deserves it because of 9/11, or no compensation should be made at all, to anyone. After all, that's what Mr. Feinberg is proposing for those he considers beneath him. Yours sincerely, Individual Comment Alamo, California September 11 Email: Date The local time and date when the message was written. 2002-03-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000473.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Sunday, December 30, 2001 9:11 AM Equal Access December 30, 2001 Dear Mr. Kenneth Zwick, I am writing to you today on an issue of great concern to me. 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 Kirksville, MO September 11 Email: Date The local time and date when the message was written. 2001-12-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN001221.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 18, 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 Ardmore, PA September 11 Email: Date The local time and date when the message was written. 2001-12-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA005396.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. We the family of demand to know what what formula was used to determin (1)(a) pain & suffering (b) economic and non-economic losses (c) promotions and other increases in earnings (2) We demand that awards be based upon actual damage without limits (3) That charitable donations SHALL NOT be considered collateral sources and SHALL NOT be deem a source of off-sets (4) That there shall be NO deductions from the award due to decedent's forethought to obtain Life Insurance policy for the benefit of their families Individual Comment Brooklyn N.Y September 11 Email: Date The local time and date when the message was written. 2002-02-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002552.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-02-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, January 22, 2002 12:44 PM Comments on Distribution of Sept 11th Fund To Whom It May Concern: I am writing on behalf of the families affected by the September 11th Disaster. My daughter's grandparents were on American Flight 77, that crashed into the Pentagon. No monetary award can ever replace the great loss experience by all the families, however it is not fair to "penalize" the families who are receiving additional monetary compensation from other sources. This "other monetary source" is there because of the years of hard work, and financial planning in the event of their death. This money is due to the families no matter what the circumstances are surrounding their death. It is only fair that they should receive this money, plus the FULL distribution from the September 11th fund. I hope that you truly listen to the voices of those affected by this tragedy. ============================================================================ ============================================== I am writing to express my serious concerns and objections to the Department of Justice's (DOJ) "Interim Final Regulations Governing Payments Under the September 11th Victim Compensation Fund." ===================== The airline bailout act gave the airlines $15 billion in cash and loan guarantees and capped the airlines' liability for the September 11 crashes at the limits of their insurance coverage. Because of this cap, the damage caused by the crashes greatly exceeds the private fund available to compensate victims and their families. Thus for the vast majority of victims and families, the cap has the effect of eliminating the right that they would otherwise have to sue the airlines. Congress set up the fund to ensure that the airline bailout would not come at the expense of the victims' families. The act mandates full and fair compensation to victims and their families for their actual economic and non-economic damages. DOJ has ignored this mandate and instead has written arbitrary regulations that will result in compensation levels far below the losses actual suffered by the victims and their families. In fact, many families' total compensation from the fund and all collateral sources combined will not even fully replace lost income. In effect, these families will not receive any of the non-economic compensation required by the statute. After collateral sources are deducted, as required by the statute, some families would receive nothing from the fund under the interim final regulations. DOJ's formula allows for non-economic awards at only one-tenth the level paid in comparable cases, even though Congress explicitly enumerated a broader range of non-economic damages than could be recovered in any single jurisdiction. DOJ's formula for non-economic damages is $250,000 for the person killed and $50,000 for the spouse and each dependent. In a wide variety of air crash and terrorism cases, however, judges, juries, and mediators commonly have provided non-economic damage awards well into the seven-figure range. Independent economists have found serious flaws in DOJ's method of calculating economic damages, including use of outdated and inapplicable work life and life-cycle earnings data. DOJ greatly underestimates promotions and other increases in earnings for victims. It relies on civil service and military retirement system actuarial data that track federal worker incomes and pension requirements, not the higher-paying private sector career paths followed by the vast majority of the victims. The interim final regulations also arbitrarily cap a victim's income at $231,000 a year. Combined with the faulty methodology described above, the income cap would result in some families receiving compensation for less than 25% of their actual economic losses. Under DOJ's rules, a family's award may be increased above the "presumptive" award only by a showing of "extraordinary circumstances"-beyond those suffered by other victims or victims' families. This high burden of proof makes a charade of the right to a hearing provided by the statute. DOJ should fulfill the act's intent by revising the rules to compensate victims and their families for the types of damages specified by Congress, at levels comparable to those provided in the tort system the fund was designed to replace. While DOJ has shown flexibility on some aspects of the rules, it is resisting the victims' and families' requests for significant changes. If the proposed regulations are not changed significantly, victims' widows will have to sell their homes, deplete their children's college funds, and give up their plans of being full-time parents while their children are young. Many families, anticipating little relief from the fund, will decide to sue the airlines and others, despite the handicap of the liability limits. We do not believe these are the outcomes Congress intended. Please contact Attorney General John D. Ashcroft and Special Master Kenneth R. Feinberg and tell them of your concern that the interim final regulations fail to conform to the language and intent of the act. With the regulations soon to become final, I believe that only the swift and strong support of Congress can avert unnecessary financial and emotional damage. Thank you for giving this matter your immediate attention. REP. MEEHAN'S 1/14/02 LETTER TO MR. FEINBERG: Dear Mr. Feinberg: I am writing to provide comment on the interim final rules for the September 11th Victim Compensation Fund ("the Fund"). I appreciate the hard work you, your staff, and the Justice Department put into assembling the interim final rules. I also appreciate the fact that, under the interim final rules, charitable contributions to persons injured in the September 11th terrorists attacks or the relatives of those who lost their lives in this tragedy will not offset Fund awards. I had weighed in on that particular issue during the prior notice-and-comment period, in correspondence dated November 26th, 2001. At the same time, I strongly and respectfully request that the interim final rules be modified to provide truly full and fair compensation for economic and non-economic harm incurred by victims of the September 11th terrorist attacks and their loved ones. I had emphasized the moral and practical imperative of providing full and fair economic and non-economic damage awards through the Fund during our meeting of December 13th, 2001. Unfortunately, I do not believe the interim final rules achieve this objective. More importantly, those directly affected by the September 11th terrorist attacks consider the interim final rules to be seriously deficient and are-quite understandably-angry, hurt, and frustrated. A combination of unjustifiably low presumed non-economic damages awards, a flawed presumed economic damages formula, the collateral source offset rule, and an inappropriately steep evidentiary hurdle to securing modifications to presumed Fund awards will operate in many instances to prevent victims and their loved ones from receiving full and fair compensation-and, on occasion, any compensation-through the Fund. This would frustrate Congress's intent, deprive some families of resources critical to their economic security, encourage litigation, and send entirely the wrong signal to these families regarding our government's and society's estimation and appreciation of the magnitude of their loss. In the airline relief and airline security bills, Congress limited the courtroom liability of airlines, the airline industry, the World Trade Center, and other parties. It recognized that these liability limits-operating alone-might deprive victims of the September 11th terrorist attacks and their loved ones of full and fair compensation for the terrible harms they have suffered. Thus, Congress created a government-funded program to provide full and fair compensation for the economic and non-economic harm suffered by victims and their loved ones, minus a narrow range of collateral source payments. Notably, it did not subject the program to the annual appropriations process. Rather, it funded the program through mandatory spending. In other words, the manifest intent of Congress was to ensure that the program fully and fairly valued the economic and non-economic harm suffered by victims and their loved ones-federal budgetary and cost considerations notwithstanding. Indeed, this would not only benefit victims and their loved ones but also reduce litigation arising from the September 11th attacks. Along these lines, the fact that courtroom litigation may be less attractive to victims and their loved ones due to the liability limits imposed by recently enacted federal law certainly does not support valuing economic and non-economic damages incurred by victims or their loved ones for purposes of the Fund at levels significantly lower than what one would secure in a successful courtroom action. Those liability limits instead make it particularly imperative that damages estimates under the Fund be full and fair. Again, this is not only good policy but also the clear intent of Congress. To achieve this objective, I respectfully urge you to modify the interim final rules to increase presumed non-economic damage awards to amounts that fully reflect the damages that Congress listed as compensable, correct any and all methodological and statutory interpretation flaws in the setting of presumed economic damages, and allow increases to presumed awards based simply upon a showing that such awards do not accurately reflect the damages incurred by victims and their loved ones (as opposed to requiring a showing of "extraordinary circumstances" for increases to presumed awards). First, the presumed non-economic damages awards provided under the interim final rules are substantially lower than those paid in comparable cases. Non-economic damage awards in considerable excess of $1 million are typical for other airline crashes and terrorism cases, but in this instance, presumed non-economic damages awards are limited to $250,000 per victim and $50,000 for a spouse and each dependent. This dramatic undervaluation of presumed non-economic damages runs contrary to Congress's general intent to provide full and fair compensation and, significantly, to the specific language of the law establishing the Fund, which lists an extremely broad array of non-economic damages for which victims and their loved ones are to be compensated (regardless of what may be allowable under state law). This problem bears considerable responsibility for the fact that many victims or their loved ones would reportedly be severely under compensated or even receive no compensation under the Fund - potentially driving them to pursue litigation which, due to statutorily imposed liability limits, may shortchange them as well. The interim final rules can and should be fixed to increase presumed non-economic damages awards to amounts which properly reflect Congress's intent and are a more realistic assessment of the considerable pain and suffering endured by the victims of the September 11th terrorist attacks and their loved ones. Second, a number of economists or experts have pointed out flaws in the interim final rules' methodology for calculating presumed economic damages. The use of outdated and improperly aggregated federal government data and the underestimation of household services performed by victims and of real increases in earnings by administrative support and clerical workers, among other things, has resulted in the unjustified and unnecessary undervaluation of presumed economic damages. The interim final rules' cap on the level of income a victim may be considered to have earned per year for the purpose of calculating presumed economic damages awards serves to exacerbate this problem. I strongly urge you to provide interested parties with all information that is necessary and useful to further evaluate the propriety of the interim final rules' presumed economic damages methodology and then correct all flaws that would tend to undervalue such damages. The fact that these are merely presumed economic and non-economic damages amounts - purportedly subject to upward adjustment based on specific evidence of loss presented at hearings or through supplemental evidentiary submissions by victims or their loved ones - does not excuse flaws in their calculation. Rather, presumed awards should be based on the best available data and methodologies regardless of the hearing or evidentiary submission option. Indeed, the goal of providing accurate compensation expeditiously through the Fund is furthered by having properly justified presumed Fund awards, as this may diminish the need for hearings or supplemental evidentiary submissions in each and every case. It also may be overly optimistic to assume that each Fund claimant will be able and willing to present evidence at a hearing to correct inaccuracies in the presumed Fund awards in light of their individual circumstances. Indeed, one can reasonably expect that some victims or their loved ones may, upon viewing inadequate presumed Fund awards, have little faith in the ultimate fairness of the hearing or supplemental evidentiary submission process and decide to forsake the Fund altogether. More importantly, the misplaced requirement contained in the interim final rules (though not contained in the statute establishing the Fund) that a Fund claimant demonstrate "extraordinary circumstances" through supplemental evidentiary submissions or at a hearing to justify increases to presumed Fund awards could serve essentially to "lock in" the unfair presumed economic and non-economic damage awards in any given case. Whether or not the presumed awards are fair, upward adjustments should be possible simply upon a showing by a claimant that a presumed award does not accurately reflect the economic and non-economic damages he or she has endured. But this degree of flexibility is particularly essential if the presumed economic and non-economic damage awards would in many cases provide less than fair and full compensation. The "extraordinary circumstances" threshold, however, may prevent the accurate and individualized Fund awards intended by Congress, because while all victims and their loved ones have endured extraordinary hardships, it may be difficult for a single Fund claimant to establish that his or her circumstances are "extraordinary" relative to all other victims and their loved ones. The hearing or supplemental evidentiary submission opportunities for victims and their loved ones must certainly be structured so as to afford them ample time and a convenient way to make their case. But even a properly structured hearing or evidentiary submission process would not remedy the difficulties arising from the inappropriately stringent "extraordinary circumstances" standard. Congress did not erect or envision any such obstacle to the award of accurate and individualized compensation to victims and their loved ones. Indeed, as Congress has considered bankruptcy reform legislation over the past few years, it has moved away from using an "extraordinary circumstances" threshold for permitting deviations from a grid of allowable expenses for debtors in favor of a standard that more readily accounts for debtors' particular economic circumstances. Accordingly, the "extraordinary circumstances" threshold should be modified. I do appreciate the fact that the interim final rules will not offset Fund awards by the amount of charitable contributions received by a victim or his or her loved ones. I believe the collateral source offset provision of the law is misguided. To the extent the final rules do offset Fund awards by virtue of certain collateral source payments, I strongly urge that you construe the collateral source offset provision of the law narrowly, consistent with the tenets of proper statutory interpretation. In particular, amounts paid by victims or their loved ones to secure certain types of collateral source compensation-for example, life insurance premium payments- should be deducted from any amount considered to offset a potential Fund award. Likewise, where collateral source payments trigger new income or estate tax liability, that new tax liability should be deducted from any amount considered to offset a potential Fund award. Thank you as always for your consideration and attention to these matters. Marty Meehan Member of Congress Sincerely, Individual Comment Herndon, VA September 11 Email: Date The local time and date when the message was written. 2002-01-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002252.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 13, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayers 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 a 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 Westerville, OH 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 dojA002189.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, March 20, 2002 12:51 PM VCF I think that the VCF should include all victims and survivors of the 9-11 tragedy. In particular, I do not think that a victim's/survivor's home state policy on same sex unions/domestic partnerships should be a restricting factor for the simple reasons that: *the pain and loss (addressed by the fund) doesn't restict along hetero-/homo- sexual lines (the limits on funding should not be steered toward larger awards for fewer applicants, rather ALL should be compensated based on those limited funds) *these relationships as domestic comsuming units ("households") function in highly similar fashion to those of heterosexual unions. *those in same sex unions/domestic partnerships and even of minority sexual orientation status not in union but with dependants (adults and minors) are still lost or disabled by this event to the extent that the funds would address the same goal (support for dependats/survivors) had the relationships been allowed by the law. *any rejections based on domestic partnership/same sex union status as it pertains to an applicants only adds further suffering at the hands of those who administer the VCF. I strongly urge the adminaistration of the funds be done no as not to passively re-inforce the second class status already impressed upon same sex couples in this country. Individual Comment Ann Arbor, MI September 11 Email: Date The local time and date when the message was written. 2002-03-20 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 dojR002358.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. 2002-03-20 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. Wednesday, December 19, 2001 9:25 AM Equal Justice requires equal benefits December 19, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Carbondale, IL September 11 Email: Date The local time and date when the message was written. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA002856.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Thursday, January 17, 2002 11:12 AM victimcomp Attachment 1, Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue, NW Washington, DC 20530 Re: September 11th Victim Compensation Fund of 2001 - Comments to Interim Final Rule Dear Mr. Zwick, I am a lawyer specializing in estate planning and the settlement of estates. I have reviewed the Interim Final Rule (the Rule) issued December 20, 2001 in connection with the September 11th Victim Compensation Fund of 2001 (the Fund) and wish to offer the following comments: 1. Distribution of award to decedents beneficiaries. Section 104.52 of the Rule provides, in substance, that the victims personal representative is to distribute any award in a manner consistent with the laws of the decedents domicile. The section further provides that if the Special Master concludes the personal representatives distribution plan does not appropriately compensate the victims spouse, children or other relatives, the Special Master may direct the personal representative to distribute all or part of the award to such spouse, children or other relatives. This provision raises a number questions. First, although it is clear that the personal representative is to distribute the award in a manner consistent with the law of the decedents state of residence, it is not clear which laws are intended. The laws of intestacy? The states laws relating to damages for wrongful death? (One assumes the latter is intended, but technically an award from the Fund is not a tort recovery, but a substitute for one). Depending on the jurisdiction, the two could yield very different results. For example, in the case of a Massachusetts decedent who left a spouse, no issue and parents, the laws of intestacy would direct that everything above a threshold amount be distributed one-half to the surviving spouse and one-half to the parents. By contrast, the laws governing damages for wrongful death would, under the same circumstances, award 100% of the compensatory damages to the spouse, and any award for funeral expenses, medical expenses, punitive damages and conscious pain and suffering to the estate. If the Victims Compensation Fund is to be a meaningful alternative to tort litigation, the Rule should expressly direct the Special Master to designate the economic loss component of the award as compensatory and specify that this component is to be distributed by the personal representative in the manner consistent with the state law of the decedents domicile governing the distribution of compensatory damages in a wrongful death suit. Many of the victims of September 11th were young and it is likely that many died without wills. In some jurisdictions, intestacy statutes may produce a harsh result for those who were financially dependent upon the victims. By far the largest part of most victims awards from the Fund will be based upon loss of earnings under Section 104.43. That being the case, it only makes sense that, in cases where the decedent left a spouse or other dependents, this portion of the award benefit those who actually relied on the victims income: the spouse or other dependents. The alternative -- to distribute the economic loss portion of the award in accordance with the rules of intestacy -- could result in part of the award being distributed to heirs-at-laws who were not financially dependent on the victim and so suffered no actual economic loss as a consequence of the tragedy. Finally, victims and practitioners would appreciate guidance as to the circumstances under which the Special Master would exercise discretion to distribute all or part of the award otherwise than in accordance with the personal representatives state law-directed distribution plan. 2. Collateral Sources. Section 405(b)(6) of the underlying legislation, Title IV of Public Law 107-42 (Air Transportation Safety and System Stabilization Act) (the Act), mandates a reduction to the award for payments from collateral sources. Section 104.47 of the Rule tracks the language of the statute and describes collateral sources as including life insurance, pension funds, death benefit programs and payments by federal, state or local governments… Nowhere are any of these expressions defined for purposes of the Fund. Many of the victims were highly compensated professionals, and it is likely that many had life insurance (which they themselves paid for), and retirement plans such as 401(k) accounts (to which they contributed their own money, rather than investing these funds in some other type of savings vehicle). Virtually all of the victims will have died on the job and their survivors may be eligible to receive worker compensation benefits. The underlying legislation was intended to encourage the victims survivors to participate in the Fund rather than pursue a tort claim against the airlines. If the families of the victims are to be induced to forego suit, the meaning of collateral sources should be relatively narrow. For example, worker compensation should not be considered a collateral source payment. Although these payments are made by an insurance company, they are not technically life insurance nor are they technically payments by the government. Moreover, if worker compensation benefits were to be considered collateral sources, these payments would be virtually impossible to value. Under Massachusetts law, for example, the worker compensation benefit is paid for 250 weeks and, if the spouse has then remarried, the payments would end at that point. If the spouse does not remarry the payments could continue. How would one value such a benefit? Because of the difficulties in valuation, and because worker compensation benefits are not expressly enumerated as a collateral source, the final rule should provide that worker compensation benefits are not collateral sources for purposes of awards under the Fund. Similarly, how is the expression pension to be interpreted? Many retirement plans are funded by both employer and employee contribution. One example of this is a 401(k) plan where the employer matches. It would seem unfair, and contrary to the intent of the collateral source provisions of the statute, to consider the employees own contributions and growth attributable to these contributions to be collateral sources. They are, in effect, no different than savings on the part of the victim. It would be more appropriate to limit the offset for pension funds to that portion of any retirement benefit that is attributable to the employers contribution and the growth attributable to that contribution. With respect to life insurance, Section 405(b)(6) of the Act only requires an offset for insurance payable to the claimant. Section 104.2(a) of the Rule narrowly defines claimant as any September 11th victim or the victims personal representative. Abidingly, the Rule should assign the narrowest possible definition to the collateral source reduction for life insurance, while still adhering to the Congressional mandate, by treating only insurance payable to the victim or his or her estate as a collateral source payment. As it stands now, Section 104.41 of the Rule offsets for all insurance on the victims life. This interpretation penalizes the families of those victims who prudently invested disposable income in insurance as opposed to other investment vehicles. The potential inequities of this interpretation are exacerbated by the cap placed on the economic losses payable to families of victims who were financially successful. By capping awards and subtracting all insurance proceeds, the Rules as presently structured may essentially eliminate the ability of many families to obtain relief from the Fund. 3. Publication of awards. Section 104.34 provides, in part, that the Special Master reserves the right to publicize the amounts of some or all of the rewards. It seems to me that the interest of the families are best served if the Special Master is required to publish all awards together with some type of summary describing the victims family and financial circumstances but not identifying any individual by name. This will put family members in the best position to try and assess the likely amount of the award under the Fund and decide whether to participate in the Fund or to pursue a tort claim. 4. Determination of presumed non-economic losses for decedents. Section 104.44 states that the presumed non-economic loss shall be $250,000 plus an additional $50,000 for the spouse and each dependent. The $250,000 figure is a fraction of what the victims family might receive in a civil suit. If a purpose of the Fund is to induce victims families to forego litigation against the airlines, consideration should be given to increasing the base award for non-economic loss to a more realistic number. Also, how is this amount to be payable? Is it intended that the $250,000 base portion of this award be paid over to the decedents estate and distributed in accordance with the intestacy statute of the decedents state of domicile (assuming that the decedent left no will) and that the $50,000 award that is for the spouse be paid either directly to the spouse or to the personal representative but earmarked for distribution to the spouse? Or is it intended that the full amount of the award ($250,000 plus $50,000 for the spouse and each dependent) is to be paid over to the estate and distributed to those who would take under the state intestacy laws. Depending on the intestacy laws of the decedents state of residence, this may make a difference. If the $50,000 amount is really for the spouse and dependents, the $50,000 should be expressly earmarked for distribution to him or her. 5. Amount of Compensation. Section 104.41 provides, in part, that In no event shall an award (before collateral source compensation has been deducted) be less than $500,000…. There is still considerable uncertainty as to how the deduction for collateral source payment is going to be applied. That being the case, to alleviate some of the victims uncertainty -- and also as an inducement to participation in the federal fund rather than a civil suit -- the Rule should be revised to provide for a minimum award size that would be determined without regard to the amount of collateral source compensation. The Special Master has recently been quoted by the media as suggesting that he would exercise his discretion to be sure that each claimant received an award of at least $250,000. I would suggest that the minimum award size must be at least twice that amount to make it economically rational for the families of those victims who were prudent enough to insure their lives to participate in the Fund. 6. Determination of Presumed Economic Loss for Decedents. Section 104.43 directs the Special Master to evaluate the victims income history and specifically states that The decedents salary/income in 1998 - 2000 shall be evaluated in a manner that the Special Master deems appropriate. The Special Master may, if he deems appropriate, take an average of income figures for each of those three years. A great many of the victims were professionals in their mid-thirties who were undoubtedly just hitting their strides, career-wise. At this time of life many individuals make the leap from junior management to more senior management positions. For example, it would be most unfair to look to a three year average income figure in the case of an executive who had in the year of death just received a big promotion and raise. The overwhelming likelihood is that a young person who had achieved such professional success would continue to succeed. To apply a three year average rule in such a situation is tantamount to assuming that the victim would not or could not maintain his or her current position. While it is certainly helpful to claimants to know what factors the Special Master might take into account in assessing income, it is critical that the three year averaging rule not be woodenly applied. I appreciate the opportunity to offer these comments. Individual Comment Boston, MA September 11 Email: Date The local time and date when the message was written. 2002-01-17 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 dojN001934.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. 2002-01-17