792 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. Monday, March 18, 2002 12:42 PM Unbelieveable discrimination against gay Americans. To Whom It May Concern: I am a gay American. I did not choose to be born in America. I did not choose to be born gay. Regardless of choice, I am proud of both identifications. I live with my partner of four years. We own a house. We pay taxes. We worry about money. We discuss politics. We laugh and struggle and live. In every way we are the same as every other American couple in our subdivision. Except for one. If I had gone to work in the World Trade Center on September 11 and never come home, my partner would now be alone, devastated...and refused recognition by the Victim's Compensation Fund. Please do not allow this great tragedy to be compounded further by the prejudices and fear that is homophobia. I am a gay American. I would like to remain proud of both identities. Please reconsider granting compensation to the partners of the gay Americans who lost their lives on that terrible day. Sincerely, 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 dojR001902.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. 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 diswasher in one of the restaraunts 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 famillies are especially vulerable 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. Fortunaely, 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 New York, NY 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 dojA001828.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. November 20, 2001 Honorable John Ashcroft Attorney General of the United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 Via facsimile 301-519-5956 Re: September 11th Victim Compensation Fund of 2001 Dear Attorney General Ashcroft: I am writing to add my support to the position set forth in the letter sent to you on November 15, 2001 by nearly fifty members of Congress, including many members from both sides of the aisle from New York's delegation, urging your support for adopting the most inclusive definition possible in determining who can qualify as survivors of victims of the heinous terrorist attack of September 11 in the regulations you are called upon to promulgate governing the distribution of the funds voted by Congress and approved by the President. I believe that the intent and spirit of the laudable action taken by Congress and the President in the aftermath of this incomprehensible tragedy can best be honored by humanely recognizing the wide range of personal relationships that make up the grand mosaic of today's American society. It seems to me to be only fair and proper to use the September 11th Victim Compensation Fund to compensate any person able to document an enduring interdependent relationship whose own financial position has been or risks being seriously imperiled by the death or injury of a domestic partner in the terrorist-related aircraft crashes on that day. Thank you for your consideration. Respectfully submitted, Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-20 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 dojW000468.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. 2001-11-20 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. Sunday, November 25, 2001 11:25 PM September 11th VCF Dear Sirs/Madames, Please take into consideration those "families" that do not fit into the "traditional" molds. I lost my life partner when she went to work on September 11, 2001. I have been crying and grieving everyday since then, the same as hundreds and thousands of other "spouses" who have lost their loved ones. We shared our home, shared bills, shared love and many happy times together. Whether same-sex partners or not, those people who can demonstrate a commitment to share their lives with each other must be acknowledged and afforded the SAME rights as any other spouse. Why should blood-related siblings who did NOT provide either financial or emotional support to a lost one now find themselves with a "windfall" simply because they are "next of kin". There is no amount of money that can give me back the person that I have loved. She is gone now because of the ignorance and hatred of others. To provide financial compensation without consideration as to how and with whom a victim shared their life would be wrong. Please do not dishonor her - do the right thing. Thank you. Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-25 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000553.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-25 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Friday, December 14, 2001 4:42 PM 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 Creedmoor, NC 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 dojA001956.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. December 17, 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 Gettysburg, PA September 11 Email: Date The local time and date when the message was written. 2001-12-17 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 dojA005097.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. 2001-12-17 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. Friday, December 07, 2001 5:38 PM Compensation to ALL Victims of Sep. 11th 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 Cedar Park, TX September 11 Email: Date The local time and date when the message was written. 2001-12-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA001311.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Thursday, March 14, 2002 10:45 AM 9/11 fund If September 11 has taught us anything it's that our patriotism and love of country transcend our differences and unite us all. It would be horrendous if the generosity of so many Americans in giving to the 9/11 fund were used to further divide us as a people in sending the message to America and the world that some Americans are more equal than others. Please divide the funds equally irrespective of any one person's sexual identity. If the immigration laws of this country can be circumvented in order to insure the equitable distribution of the monies in this fund then the laws which discrimunate against gays, lesbians and transgendered people can also be circumvented. Please rise to the occasion and do the right thing. VTY, Individual Comment Monroe, New York September 11 Email: Date The local time and date when the message was written. 2002-03-14 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000736.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-14 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 7:54 AM GL December 19, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Sacramento, CA September 11 Email: Date The local time and date when the message was written. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA002701.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 2:10 PM New Vote.com votes as of 02:09 PM EST on January 17th, 2002 Dear September 11th Victim Compensation Fund, Vote.com is the Internet's most popular voting site. Millions of people regularly express their opinions and - in just one click - automatically send their views to important decision makers like you. Here are the latest votes on the question, DOES THE GOVERNMENT'S AID PROGRAM FOR FAMILIES OF SEPT. 11 VICTIMS GO FAR ENOUGH?: YES: 200 votes NO: 14 votes Group Comment 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 dojN001946.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 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 12:31 PM September 11 Victims Relief Fund 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 Minneapolis, MN 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 dojA003212.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 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 San Rafael, CA 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 dojA003723.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. Monday, March 18, 2002 5:25 AM Domestic partnerships To Whom It May Concern: It is time for us to set aside our predjudices and recognize all human relationships of a loving nature. Those who died on September 11 were of many persuasions, ethnic groups and nationalities. All of their loved ones should benefit from the funds raised in their honor. Those funds came from all who cared and should be distributed to all who care. When will we learn that only God can judge us! Individual Comment Chalfont, PA 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 dojR001604.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. Tuesday, December 18, 2001 2:18 PM 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 &nbsp&nbsp&nbsp&nbsp , 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 &nbsp&nbsp&nbsp&nbsp 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 Clear Lake City, TX 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 dojA002192.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. Tuesday, March 19, 2002 1:23 PM Discriminatory denial of Victim Compensation funds In recent interviews, the head of the September 11 Victim Compensation Fund (a fund created by Congress to help the families of those who died on September 11) has made clear that the partners of gay and lesbian heroes of September 11 will not necessarily receive the same benefits as the spouses of heterosexual victims of the horrible terror attacks. EVEN FETUSES AND ILLEGAL ALIENS ARE COVERED!!! Even fetuses and illegal aliens will be receiving benefits under this problem - they've even promised to overlook federal law and NOT arrest and kick out the families of illegal aliens, nor will they punish American companies that hired illegals in violation of federal labor laws. But when it comes to gay and lesbian heroes of the day - &nbsp who helped bring down the flight in Pennsylvania, &nbsp who died in the line of duty when the first tower fell, and &nbsp who was &nbsp of the plane that crashed into the &nbsp (there are many more) - we are told the law is the law and no exceptions can be made. If September 11 has taught us anything, it's that our patriotism and love of country transcend our differences and unite us all. We were told that September 11 was the day that "hyphenated-Americans" were no more, and rather than being Italian-Americans, African-Americans or gay-Americans, we were now simply Americans, all of us together as one American family. Apparently, that family just got a divorce. The hyphens seem not to matter when our government wants to use our heroism to inspire others, but when it comes time to actually aid the families of those heroes, the hyphens come back with a vengeance, and it seems that some American heroes are now more equal than others. Please re-evaluate this discriminatory denial of funds which are meant to help EVERYONE whose loved ones were lost on September 11. This is a terrible insult and injustice, and speaks badly of our elected officials as well as our whole society. Thank you, Individual Comment Monroe, LA 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 dojR002194.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. 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 Haddonfield,NJ September 11 Email: Date The local time and date when the message was written. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA004892.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. Tuesday, March 19, 2002 8:59 AM pic and choose things never change do they? what more can i say. 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 dojR002075.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, January 22, 2002 4:57 PM BENEFITS FOR ILLEGALS FROM SEPT 11TH PLEASE NOT: IF ILLEGALS RECIEVE BENEFITS FROM THE DISBURSEMENT OF SEPT 11TH FUNDS- THIS IS AN OUTRAGE AS THEY HAVE BROKEN THE LAW BEING IN THIS COUNTRY AND TO GIVE THEM BENEFITS ON TOP OF IT- I HOPE THAT THIS ACTION IS RECONCIDER. SINCERELY, Individual Comment 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 dojN002306.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. Wednesday, December 19, 2001 7:13 AM please read 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 St. Petersburg, FL 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 dojA002544.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. Monday, November 26, 2001 11:04 AM Five pages - comments re Sept. 11th Fund regulations Attachment 1: November 26, 2001 Dear Mr. Ashcroft: We submit these comments to you, on behalf of the New York State Trial Lawyers Association (NYSTLA), in response to your request for commentary on issues related to the promulgation of regulations under the Air Transportation Safety and System Stabilization Act (now Public Law 107-42). The regulations would implement the "September 11th Victim Compensation Fund," which was established by P.L. 107-42 as an alternative to bringing a civil action against any parties (other than the international terrorists who perpetrated this horrific crime) whose negligent conduct may have resulted in the failure to prevent this crime or may have worsened the terrible harms that occurred as a result of the crime. The attacks on the World Trade Center and the Pentagon were attacks on all of us as Americans. They were assaults on a massive scale that this country has never experienced before. Three members of NYSTLA's staff were witnesses to the World Trade Center attack. Two of our staff members were so close to the towers when the attack occurred that debris fell on them. When the towers collapsed, we opened our doors to people who were fleeing through the streets from the black cloud of dust, shepherding them into our legal education classroom so that they could drink some water to help recover from the smoke and try to call their loved ones. We are deeply and personally aware of the huge scale of this attack and its devastating effects, and we are reminded daily of the horror of this event because of the smell from the still smoldering site. Motivated by this experience, we are deeply concerned for the plight of the families affected by this atrocity. Our comments therefore are submitted in the spirit of hope that this program will provide the full relief contemplated by Congress and include the full range of victims of the attack for whom Congress intended to provide this relief. As you may already be aware, NYSTLA has been at the forefront of an unprecedented pro bono effort to help September 11th victims and their families, having issued a statement within days of enactment of the "September 11th Victim Compensation Fund" -- a vow to represent for free anyone intending to make a claim to the Fund for compensation. Ever since, we have been working closely with the Association of Trial Lawyers of America (ATLA) to make sure that every claimant has the benefit of skilled, experienced, free counsel. All attorneys volunteering for this work meet strict qualifications for experience and training and have pledged not to represent any September 11th victim for a fee either in a claim against the Fund or in any lawsuit. Our comments will focus on two key questions: who is covered by the Fund, and how compensation will be determined. WHO IS COVERED BY THE FUND We believe that Congress intended that the Fund would cover all of the people who were physically injured or killed as a result of the terrorist attack. We therefore urge the Department of Justice to establish regulatory provisions to clarify that the statute covers the people who were injured or killed as a result of the destructive force of the plane crashes and the collapse of the towers, and also those who have been injured while carrying out the truly challenging job of rescue and recovery on site. (1) Coverage of the People Injured by the Attack Because the towers themselves were so extraordinarily tall, and because the planes hit with such extreme force, the impact of debris was much more widespread than one might ordinarily assume. For example, the two NYSTLA staff members who encountered falling debris (but fortunately were not injured), were walking at least a block and a half away from the towers; also, a large chunk of metal from of a jet engine fell on lower Murray Street, which is three to four blocks away. Clearly, the "site" of the attack was not limited only to the footprint of the buildings. The statute states that the Fund will cover injured persons who were "present at" the WTC, Pentagon or Pennsylvania crash site. We believe that Congress intended this to include all of the people who were injured by glass, metal or other harmful material from the explosive impact of the attack. We therefore recommend that the regulations define the term "present at" to include any person who was in such proximity to the site that the person suffered physical harm. (2) Coverage of the Rescue and Recovery Workers Immediately after the attack, heroic and seemingly tireless ironworkers, firefighters, and other rescue and recovery workers rushed to the site to try to recover any surviving victims or, for the peace of mind of the bereaved families, the bodies of loved ones. This work, tragically, has taken much longer than most of us probably expected, in part because the site itself remains so hazardous. The site is still hot and smoldering; this means that the work remains treacherous. The people who continue, with truly inspiring dedication, to perform that heart-breaking recovery work at the site must not be left without compensation for harm that they suffer while performing this hazardous yet necessary task. We believe that Congress intended to include the courageous and dedicated rescue and recovery workers within the scope of the Fund. The statute states that the Fund will cover people injured in the attack or in the "immediate aftermath." The regulations should provide a definition of "immediate aftermath" to include the period within which authorized persons make efforts to rescue victims or recover human remains from the site. In other words, it should cover injuries suffered by the rescue/recovery workers. HOW THE SPECIAL MASTER WILL DETERMINE COMPENSATION AND THE SCOPE OF HARMS TO BE ADDRESSED Your request for commentary included several questions regarding how compensation will be calculated. We hope that the following comments will be helpful in your determinations on those questions. (1) Charitable gifts Congress listed very specifically, within the statute itself, what sources would be considered collateral sources for the purposes of the Fund. At the time that they established this Fund, the members of Congress were well aware that people throughout the country were making substantial charitable contributions to help the families affected by the September 11th attack. If Congress had intended to include charities as a collateral source, it most certainly would have done so. As a policy matter, reducing the Fund's compensation by the amount of charitable gifts that a family received does not make sense. The people who were most directly harmed by the September 11th attack experienced a double injury, both the physical injury or emotional loss from the physical impact of the attack itself and the terrorizing impact of being the direct victims of an act of intense hatred. Their injury is far greater than the amount of compensation that they could obtain either in court or from this Fund, so there is no issue of unfair "enrichment" in this case. These people have suffered a loss that no one else who has not been the innocent victim of such a colossal act of hatred can ever fully understand. Also, the public-spirited Americans across the country who gave to these families did so not only out of compassion for the people who were injured but out of anger at the perpetrators and out of a need to communicate solidarity with the victims, who were the brunt of an attack that actually was directed against all Americans. Congress clearly did not want to interfere with the intent of the donors in making these gifts. We therefore urge that the Department of Justice adopt regulations consistent with the plain legislative intent of Congress not to subtract charitable gifts from the compensation provided under this Fund. (2) Treatment of Other Collateral Sources The regulations should make it clear that any source of funds for which there is a right of subrogation - such as Workers Compensation - should not be subtracted from the damages award. Otherwise, there is a danger that families could, in effect, lose that money twice - once when the Special Master subtracts it from the award and again when the compensation carrier exercises the right of subrogation to "recover" the amount from the victim or victim's family. Only collateral sources that correspond to a particular item of damages recoverable under the Fund should be deducted, and only future collateral sources to which the victim or personal representative has an enforceable vested or contractual right should be considered for deduction. These are general principles of common law that have been the subject of a well-developed body of case law in New York. If the Fund treats collateral sources in a way that runs counter to this principle, it will fail to carry out the intent of Congress that the Fund be a viable and attractive alternative to bringing civil actions. We further note that life insurance, while included as a collateral source under the statute, is a privately contracted benefit for which the person may have paid many years of premiums. Those premium payments should be deducted from the total insurance award to reflect the actual net benefit that the victim's family received in order to determine the true amount of the insurance benefit before it is deducted from the compensation award. (3) Determination of Compensation Congress clearly intended this Fund to be a positive choice for claimants as an alternative to bringing a civil action. We therefore note that the regulations should not establish any "one-size-fits-all" list of damages. Each claimant should be treated as an individual, just as he or she would be in court. If the families affected by this attack on our country are giving up their right to access America's judicial system to hold accountable those who failed to take reasonable (and indeed, in many instances, quite obvious) measures to help prevent those attacks, they should not be asked to give up the right to be treated as individuals in determining how they were harmed by this horrible event. (4) Issue of Long-term Injuries At this point, we have no idea what the long-term consequences will be for people who were affected by the September 11th attack. Physical injuries that have already surfaced may develop unforeseen complications. Also, people may have been exposed to harmful levels of toxic chemicals and may suffer health consequences from that exposure decades from now. Unless special provision is made in the regulations for such delayed impacts, people will be limited by the very short two-year deadline for submitting claims to the Fund. This is a full year shorter than the statute of limitations for most injury claims in New York State, and does not take into account New York's date-of-discovery rule for toxic-substance-related injuries. Since the goal of this statute clearly is to create a sufficient alternative to civil actions that people will choose to access the Fund rather than pursue a court action, it would be consistent with and in furtherance of Congress's intent to establish a "reopener" to address long-term harms that have not yet become manifest and therefore, through no fault of the person bringing the claim, could not have been raised during the two years after the attack. (5) Structure of the Decision-making Process As a final point, we urge that the Department of Justice establish regulations that provide the Special Master with the practical and necessary authority to supervise properly the implementation of the Fund. In particular: (1) decisions of the hearing officers should be subject to review by the Special Master on request by the victim or the victim's personal representative; (2) the hearing officers should be former judges with long-term experience adjudicating trials in the civil justice system; (3) the decisions themselves should be set forth in writing, providing a reasoned elaboration of the decision that also provides a detailed explanation of the specific items included within the award and any collateral source deductions. This is the only way to ensure accountability and consistency in the interpretation of the provisions of the statute. We thank you for your consideration of these comments and look forward to participating as volunteers in the implementation of this important Fund for the benefit of the September 11th victims and their families. With sincere regards, Comment by: New York State Trial Lawyers Association New York, NY 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 dojW000563.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