817 20 70359 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, April 03, 2002 7:31 AM The Declaration of Independence and the Constitution of the US has nothing on them denying anyone rights of been human or gay. Get religion out of the politic and start by treating everyone the same as one of these fine document state "ALL MEN ARE CREATED EQUAL" and the Constitution state that everyone has the right to pursue happiness neither say everyone except a gay person/black person/asian person/latin person/ white person. So let get fair with and give the survivors of any relationship their just compensation. Let put these two fine document into effect and stop the hatred. Get churh out of the goverment as is state in the Constitution. One who believe in these documents. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-04-03 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR002886.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-04-03 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, March 16, 2002 2:36 PM OUTRAGED I am outraged that gay and lesbian partners of those who died on September 11 are not automatically going to receive the same benefits as heterosexual spouses! This is a DIRECT discrimination in a national tragic situation where the WORLD is watching how the strongest nation in the world is treating its citizens! Are we REALLY saying that homosexuals are "less important", not a member of the mainstream American population that enjoys benefits when they lose a spouse or significant other? This is blatant discrimination, PERIOD! The Bush administration and "its" government needs to WAKE UP, step up to the plate and for ONCE promote JUSTICE for ALL Americans! Individual Comment Mission Viejo, CA September 11 Email: Date The local time and date when the message was written. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000974.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, March 18, 2002 4:57 PM 2nd class citizenship As a taxpaying American, I find it terribly disappointing that our own nation would label second class citizenship on its own people. How is it just or even logical that the unborn fetuses (which our own government sanctions the abortion of) and illegal aliens qualify for compensation benefits of greater value than taxpaying men and women, whose only difference is that they are of a different sexual orientation? Where is the sense in such discrimination? To say that the government will not go against state policies - but yet will turn a blind eye in other situations. Don't all states have laws about illegal aliens working and living without proper authority? I feel that it is appropriate to allow these considerations for the children yet to be born and those working here without green cards. They have suffered too...and their pain is just as real. I also think that if a person has a domestic partner with whom they shared a life and sadly loss a great deal through such tragedy - that they should be treated with the same dignity and respect of any other who has suffered. The government is for ALL the people, not just those that Conservatives would like to validate as equal citizens versus "special interest groups." All the victims of September 11th should be honored and their loved ones be cared for equally - not based on what the law says. We the people, or should it now read, "We, the self-righteous and those, who we do not value..." Individual Comment Philadelphia, Pennsylvania 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 dojR002038.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. Wednesday, November 28, 2001 1:14 PM Kenneth L. Zwick Director Civil Division Office of Management Programs U.S. Department of Justice Please ensure that compensation eligibility is inclusive of all survivor-families - that life partners, parents, children, or any alternative family structure whose stability depended on shared contribution be protected and their eligibilty rights insured - regardless of sexual orientation or marital status. -- Regards, Individual Comment Charlotte, NC September 11 Email: Date The local time and date when the message was written. 2001-11-28 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 dojA000076.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. 2001-11-28 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, December 03, 2001 3:04 PM equallity Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice Dear Kenneth L. Zwick, I urge you alnong with NGLTF and several GLBT organizations have joined together to do what is nessisary to adopt rules that are inclusive of gay, lesbian, bisexual, and transgendered people and their families who suffered from the attacks. Thank you, Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-12-03 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000272.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-03 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Sunday, March 17, 2002 8:59 PM victim compensation Sirs: I am horrified that inequality persists after death of those gay heroes of September 11th. ALL those who died were "equal in death," equally surprised by unfolding events, equally innocent. All of them have paid taxes, been full citizens (except the illegal aliens who are treated BETTER than , the two gay men with their daughter, and others), all of them worthy of a nation's compensation. The partners of those that were killed are mourning as deeply and are as deserving as all the others. HOW DARE YOU ?!!! We are honoring September's dead in the name of America's wounded democracy. Your policy betrays all that is good about our country. The Victim's Compensation Fund should be fully inclusive in its guidelines. Please make it so. Individual Comment Buffalo, NY September 11 Email: Date The local time and date when the message was written. 2002-03-17 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001552.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-17 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. November 21, 2001 Mr. Kenneth Zwick Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 Dear Mr. Zwick: Five thousand people were murdered on September 11, 2001 They left that morning to work at the World Trade Centers and the Pentagon and were at their desks by 8:30 AM. Some said "I love you" as they left, sone said "see you later:, and some said "don't forget to put air in your tires." None came home that night. None will came home anymore for the rest of forever. In response to the Justice Department's request for public comment on the "September 11 Victim Compensation Fund' established by the Air Transporation Safety and System Stablization Act, we respectfully submit the following. However, before we begin our substantive comments, please allow us to make you aware of one fact. Be very clear in knowing that there is nothing you could possibly do on this earth that could compensate us for the loss of loved ones. You could offer us one billion dollars each lump sum, and we would trade it along with all our worldly possessions to have them back, to have them home. The Victim Compensation Fund is purported to be an attempt to "make whole" the families of the victims lost in the attacks. Unless you have supreme power which will result in the return of our loved ones, "making whole" is impossible. Alternatively, we are hoping this legislation results in a fund which truly is an incentive for families not to pursue litigation. Thank you for giving us this opportunity to comment. RIGHT TO A HEARING The legislation as written does not make clear whether or not we will have right to be heard before a hearing officer or Special Master. Only we can present the specifics of our personal situation and loss and therefore rightfully deserve the opportunity to do so. This would include the right to be represented by counsel, to present evidence, to offer personal and expert testimony, and to present our expectations of relief. This would require each case to be heard and considered individually. While this may be time consuming, it is the only way to insure that each family suffering this loss is fairly represented and thus fairly compensated. ECONOMIC LOSSES We strongly oppose any cap to the amount recoverable through the Fund for economic losses suffered as a result of the death of our loved ones. Husbands and fathers worked long hours, sacrificing the precious time they had left with their families and children, to earn the salaries and bonuses accrued every year. This income is forever gone; to reduce it in any manner is contary to the statutory attempts to "make whole" the family suffering as a result of this disaster. The computation of the amount of lost wages should be similar to that used in personal injury actions. Retirement age should be set at 68 and the decedent age subtracted from there. Gross income should be averaged over the past three years. The resulting income and years in retirement should be multiplied together for a starting point for computation. Factors such as inflation, wage increases, merit advancements and any other benefits that would have earned had the victim's lived should be considered and added to the base amount. NON-ECONOMIC LOSSES We, again, strongly oppose any cap to the amount recoverable through the fund for non-economic losses suffered as a result of the most public, painful and horrific deaths of our loved ones. Each case must be evaluated individually and must take into account specifics such as the number of the decedent's children and their age, the severity of the pain and suffering of both the victim and his family members, and the severity of the loss and the pain to be suffered as a result of reliving this tragedy as a moment in history for the rest of our lives, for the rest of their children's lives. It is worthwhile to note that families with substantial pensions, with a lost spouse nearing retirement age, or with income received as a result of the death of the victim would be unable to benefit from this Fund unless the recovery under this section is substantial. There would be no incentive to pursue a claim offset to pecuniary loss or minimal benefit. Litigation in this instance would be obviously pursued. COLLATERAL INCOME We strongly oppose and are greatly disturbed by the clause in the statute which requires any distribution under the fund to be offset by "the amount of collateral source compensation the claimant has received or is entitled to receive...[including] life insurance, pension funds, death benefit programs..." Since this is a governmentally sponsored fund, we find it understandable and acceptable to reduce the amount recovered under such by the monies received throught other government programs. However, reducing the amount distributed by proceeds of life insurance policies of the decedents is unreasonable and contrary to public policy. It establishes a system of disparate treatment among the victims in that it penalizes some for investments made through personal purchases, while excluding others. For example, victims who increased their families assets through personal purchases of stocks or related investments to a level where life insurance was not necessary would be able to collect from the fund as written with minimal offset. However, those who planned to increase family assets through life insurance would have the same distribution substantially reduced by the amount of the life insurance proceeds. If an individual purchased a rare painting, for his estate planning, sold after his demise at a substantial financial gain for his heirs, his families distribution under the fund would not be reduced. Yet distribution to the family who purchased life insurance instead, if regulated as planned, would be offset by the proceeds. It is quite simply an unequal and unfair provision. The government may not investigate and penalize against the personal purchase of individuals. We do enjoy the right of the protection of liberty in the country, we have the right to earn a living and spend our after tax dollars as we see fit. All life insurance proceeds should not be considered as collateral income under the Fund. Most specifically, supplemental life insurance, obtained with personal funds, must be absolutely exempted from the provisions which regulate distribution reductions under the Fund. If revising the language of the statute is not an option of this Committee at this juncture, or not an option until properly challenged, we submit that reductions of the distribution under the Fund be a percent of the proceeds of employer sponsored or funded life insurance by the amount of employer contribution would be an acceptable compromise. No reduction of supplemental life insurance should be considered. COLLATERAL INCOME/IRA'S; CHARITABLE DONATION Pension funds, IRAs and 401K plans are essentially savings accounts of another name funded with the personally earned money of the decedent. The choice of one's particular occupation or allocation of his income gave rise to the monies availabe at retirement or death in these accounts. Again the issue of disparate treatment arises. Individuals who saved in the standard bank sponsored savings account suffer no reduction from distribution under the Fund. Individuals who allocated their savings of personally earned income to retirement accounts suffer reduction of the total amount in savings in that which would be distributed under the Fund. In deference to the governmental involvement in IRA's et al, money owed due to preferential tax treatment of savings in retirement accounts could be reduced from Fund allocations, but principal determined to be from personal savings must not. In the end, we lost our loved ones because they worked in a national landmark. The terrorist chose those buildings, the World Trade Centers, because they symbolized the American economy, the freedom of capitalism. It was an act of war on America and the American people recognized this. As a result, in an effort to support our country and to unite with those of us who suffered the grievous loss in this tragedy, the American people donated hard earned money to ease the burden of those of us left to suffer this loss for a lifetime. Donations were generously given as a form of healing for both donor and service. It is reprehensible that the very charities trusted with the responsiblity to honor the wishes of the American people see fit to withhold the donations for personal objectives, yet to have the government attempt to belittle the gesture of its own people even further is as horrific as the tragedy itself. The money donated is noted as "gift from the American people." Since when does our government have the right to investigate our personal gifts and require the recipients to "pay them back"? Charitable donations must not be considered a source of collateral income to reduce the amounts distributed under the Fund. That is not the spirit of which the donations were given. Restitution of the amounts by a reduction in Fund allocation would serve only to financially benefit the government. If that is what the people of this country had intended, they would have sent their checks to the government first hand. RIGHT TO APPEAL One of the liberties we enjoy in America is the right to an appeal. In cases heard before a judge in trial and in most heard before a hearing officer in an administrative agency, respondents enjoy the right to appeal the decision. Plaintiffs would have the right to appeal a decision on varying levels if litigation were pursued in response to the events of September 11. Denying one the right to appeal the decision of the Special Master is not an incentive to consider merits of the Victim's Compensation Fund. And it is economy as well to the standard practices of adjudication of this country. Finally, we would respectfully request that payment under the fund be paid in one lump sum and as directed by the claimants. For example, sums paid to a victim's minor children should be permitted to be made in trust with vesting as determined by the child's guardian. CONCLUSION Thank you again for this opportunity to comment on regulations which will have great effect on our lives and the lives of the children of the victims. We have suffered the greatest of losses because we live in America and because our loved ones worked in the symbol of American capitalism. We are changed forever; we bear the burden of other's hatred of our country's ideals more than anyone at this moment in time. Think of the children as you write and finalize the regulations associated with the Victim's Compensation Fund. Think of the children, not partisan loyalties. Think of the children, because if you do not now, you will have lost the opportunity to support your fallen families forever. Sincerely yours, Comments by: September 11 Victim's Families Attachment 1: November 20th, 2001 Mr. Kenneth Zwick U.S. Department of Justice 950 Pennsylvania Avenue Washington, D.C. 20530 Dear Mr. Zwick: I am a fourteen-year-old boy by the name of &nbsp&nbsp&nbsp&nbsp. My father was &nbsp&nbsp&nbsp&nbsp, a kind man and a wonderful dad. We did everything together, from going to various sporting events to playing golf. On the morning of September 11th, in an instant of fire and smoke, my father would never again be able to hold me in his arms. He worked in the 104th floor of World Trade Center 1 for the offices of &nbsp&nbsp&nbsp&nbsp and was there, as usual, September 11th. In the northwest corner he remained trapped by the unrelenting smoke and fire with about fifty other &nbsp&nbsp&nbsp&nbsp employees. It was then that he realized that this could be the last of his moments alive. He was the only one there with a cell phone, so most of the time he allowed other people to call their loved ones. He was on the phone with my mother at the very end, until we lost connection about ten minutes before his building collapsed. I was in school, oblivious to what was happening, expecting to go home and hear that my father was fine. That was not the case, however, I would never hear his voice or feel his loving touch again. Not only was I directly affected, but also my mother, of course, and my 11-year- old brother, &nbsp&nbsp&nbsp&nbsp. Never again will we be the same, for we are forever without our father's tender love and caring advice. I may not be an adult, but I fully grasp the gravity of what is occurring both in our government and elsewhere. The comments and opinions attached to my letter represent not only my beliefs, but I'm sure that of everybody else who is in my situation. Please accept our pleas and suggestions, and thank you for a chance to respond on the September 11th Victim Compensation Fund. Sincerely yours, Individual Comment Rockville Center, N.Y. Attachment 2: November 20, 2001 Mr. Kenneth Zwick U.S. Department of Justice 930 Pennsylvania Avenue Washington, DC 20530 Dear Mr. Zwick: My name is &nbsp&nbsp&nbsp&nbsp. My husband is &nbsp&nbsp&nbsp&nbsp. &nbsp&nbsp&nbsp&nbsp worked for &nbsp&nbsp&nbsp&nbsp on the 10th floor of the World Trade Center and was murdered on September 11th. I was four months pregnant on that Tuesday. I had kept him up on Monday night because I was not feeling well. He was so concerned and helpful, as always. This baby is our first. We have been married over five years and together for about 15 years. He had just turned 31 on September 6th and could not have been more excited about finally becoming a daddy. He called me and left a message at about 8:30 that Tuesday morning. He wanted to make sure that I was feeling better. He also said that he wanted me to look at an interesting article on the Internet. He never actually said what it was in reference to. His last words on the answering machine were "call me later". I cannot stop thinking of this. The fact that he thought that there was going to be a later for him. After all, he was just at work and there is no danger in that. I never heard from him again. All I can think of is how scared I was for him that day and everyday since then. The thought of him being in pain or being scared and knowing at one point that he was going to die haunts me. I can only imagine that he was thinking, God, please watch over my baby and my family. I cannot accept that &nbsp&nbsp&nbsp will never get to see his child. He will never hold his baby close to him and sing to him as he often would do to my belly after we found out that we were pregant. He worked very had to insure that we would have everything that we needed and then some. I admire and respect him for that. I love him for the incredible partner that he was. He was always helpful to all people, always wearing a smile, always so real and genuinely human. People were drawn to him. &nbsp&nbsp&nbsp&nbsp and I lived overseas for about 5 years. We were in London first and then in Tokyo. &nbsp&nbsp&nbsp&nbsp sent him overseas in 1995. We came back from Tokyo just before January of 2000. I will never forget so many people being so happy and telling us the same thing - "we are so happy that you are both coming home, back to your country where you will be safe, finally." I am so sick over the thought that such a thing could happen. I am so sick of hearing that we will not allow terrorists to win by backing down and not going on with our lives. The reality is that they did win. They took the one most important part of my life away. They took my husbands life and turned it into a tragedy, a horrific disgusting tragedy. In the midst of this tragedy, I thank God everyday for the blessing of a child. After I thank him I ask him why this happened? I ask him, how will I explain to our little boy who his daddy is why he is just a photograph? I ask &nbsp&nbsp&nbsp&nbsp , if he is looking down on me, to give me the strength to do the right thing to ensure that our child has a brighter and more secure future. And finally, I pray to God about a million times a day that &nbsp&nbsp&nbsp&nbsp , and all of the wonderful people that were killed that day, did not suffer and that they died fast, with no pain. Please accept the comments and opinions of the attached letter as that of my own. Thank you for this opportunity to comment on the September 11 Victim Compensation Fund. Sincerely, Individual Comment Attachment 3: November 20, 2001 Mr. Kenneth Zwick Department of Justice 950 Pennsylanvania Avenue, NW Washington, DC 20530 Dear Mr. Zwick: I am writing on behalf of my daughter, &nbsp&nbsp&nbsp&nbsp and my three grandchildren. &nbsp&nbsp&nbsp&nbsp, &nbsp&nbsp&nbsp&nbsp and &nbsp&nbsp&nbsp&nbsp. &nbsp&nbsp&nbsp&nbsp 's husband and the father of my grandchildren was &nbsp&nbsp&nbsp&nbsp who worked for &nbsp&nbsp&nbsp&nbsp on the 104th Floor of One World Trade Center. &nbsp&nbsp&nbsp&nbsp left for work the morning of September 11th and we have not heard from him again and his body has not been recovered. I am writing to express my concerns over the proposed legislation and regulation relating to compensation to victims' families. The legislation and regulation as initially proposed is unfair and inequitable to familes who have suffered this tragic loss. Annexed hereto is a letter. Please accept the contents and opinions of this attachment as those of my own and those of my daughter. Thank you for the opportunity to comment on the September 11th Victim Compensation Fund. Sincerely, Individual Comment Attachment 4: November 20, 2001 Mr. Kenneth Zwick U.S. Department of Justice 950 Pennsylvania Avenue Washington, DC 20503 Dear Mr. Zwick: My name is &nbsp&nbsp&nbsp&nbsp . My husband, &nbsp&nbsp&nbsp&nbsp , worked for &nbsp&nbsp&nbsp&nbsp on the 104th floor. I was on the telephone with &nbsp&nbsp&nbsp&nbsp on the morning of September 11th . He was trapped in the northwest corner office with about fifty other &nbsp&nbsp&nbsp&nbsp employees and was unable to escape due to fire and smoke on this floor. &nbsp&nbsp&nbsp&nbsp spent most of the time relaying phone numbers to me of loved ones of those co-workers he was trapped with and we finally lost our phone connection about ten minutes before his building collapsed. I did not get to say "I love you." I did not get to say "goodbye." His body has not been recovered. He was 45 years old and we would have celebrated our 21st wedding anniversary on the 29th of this month. We have two children. &nbsp&nbsp&nbsp&nbsp is 14 and &nbsp&nbsp&nbsp&nbsp is 11. They also did not get to say goodbye to their father and best friend. Their lives will be forever altered by the tragic events of that fateful day and we will hold together and share in the joy of &nbsp&nbsp&nbsp&nbsp's life always. Please accept the comments and opinions of the attached letter as that of my own. Thank you for this opportunity to comment on the September 11th Victim Compensation Fund. Sincerely yours, Individual Comment Attachment 5: Mr. Kenneth Zwick U.S. Deptartment of Justice 950 Pennsylvania Ave Washington, D.C. 20530 November 20, 2001 Dear Mr. Zwick: My name is &nbsp&nbsp&nbsp&nbsp . My son-in-law, &nbsp&nbsp&nbsp&nbsp . &nbsp&nbsp&nbsp&nbsp worked on the 104th floor of 1 WTC for &nbsp&nbsp&nbsp&nbsp and was at work on September 11th when the plane hit his building. Unable to escape and trapped in a glass enclosed office on that floor I can only imagine his terror in the last moments of his life. His body has not been recovered and my daughter and her two boys, ages 14 and 11, have been trying to cope with the effects of this tragedy. His death will alter their lives forever. &nbsp&nbsp&nbsp&nbsp was a loving, wonderful son with a keen intellect and an engaging sense of humor. He was 45 years old and he and my daughter, &nbsp&nbsp&nbsp&nbsp , would have celebrated their 21st wedding anniversary in a few days. My husband and I have known &nbsp&nbsp&nbsp&nbsp for more than 25 years and truly feel as though we lost our son to the horrific events of Sept. 11th. Please accept the comments and opinions of the attached letter as that of my own. Thank you for this opportunity to comment on the September 11th Victim Compensation Fund. Very truly yours, Individual Comment Attachment 6: November 23, 2001 Mr. Kenneth Zwick U.S. Department of Justice 950 Pennsylvania Avenue Washington, DC 20530 Dear Mr. Zwick: My name is &nbsp&nbsp&nbsp&nbsp. My husband, &nbsp&nbsp&nbsp&nbsp, worked as a self- employed consultant for &nbsp&nbsp&nbsp&nbsp on the 101st flor of the north tower. The last time I saw him and spoke to him was on the morning og September 11th as he left for work at about 6:40 a.m. We have two children. &nbsp&nbsp&nbsp&nbsp is 23 and &nbsp&nbsp&nbsp&nbsp is 20. They are lovely, bright and caring children. These qualities came from their Dad. All three of us miss him very much. Please accept the comments and opinions of the attached letter as that of my own. Thank you for taking the time to read my letter and my comments on the September 11th Victim Compensation Board. Sincerely, Individual Comment Attachment 7: November 23, 2001 Mr. Kenneth Zwick U.S. Department of Justice 950 Pennsylvania Avenue Washington, DC 20530 Dear Mr. Zwick: On September 11, 2001, our son-in-law, &nbsp&nbsp&nbsp&nbsp, was killed in the attack on the World Trade Center. The sorrow for all family members is immeasurable.., especially for our daughter, &nbsp&nbsp&nbsp&nbsp and our three grandchildren, &nbsp&nbsp&nbsp&nbsp (age 6), &nbsp&nbsp&nbsp&nbsp (age 4), and &nbsp&nbsp&nbsp&nbsp (age 3). For the rest of their lives they will have to deal with the horrible death of their husband and father. We try to help in whatever ways we can, but we cannot replace the family or the love that was destroyed by &nbsp&nbsp&nbsp&nbsp's death. &nbsp&nbsp&nbsp&nbsp was an American who died in an act of war. Our daughter and our grandchildren are, also, victims of this heinous attack. The opionions and comments about the September 11 Victims Compensation Fund found in the attached letter mirror our own concerns. Thank you for your consideration. Sincerely, Individual Comment Passaic, New Jersey Attachment 8: November 21, 2001 Mr. Kenneth Zwick U.S. Department of Justice 950 Pennsylvania Avenue Washington, DC 20530 Dear Zwick: Thank you for this opportunity to comments on the procedural rulemaking of the September 11 Victim Compensation Fund Program. We are a large group of families who have lost our loved ones in the attack on the World Trade Centers. Enclosed in this fax transmission, please find a copy of the letter outlining our comments in reference to the administration of the Fund. While this Fund is promoted, as having been established for our benefit, it was realistically developed to limit liability of the airlines and anticipated potential defendants of the September 11 tragedy, and to prevent their financial collaspe. It was developed to offer us an incentive not to sue. We are sincerely hoping it will succeed in its objective. Attached also are some of the personal letters of those endorsing these comments and opinions. They are the letters of those of us who are most involved, who are suffering the greatest loss. They are a reminder to you that this tragedy affected real people, real spouses, real children, real parents. We believe that is imperative that you do not lose sight of that fact as the difficult task of regulation development gets under way. A full package with all the signed letters will follow this fax transmission; however, we wanted to be sure we had an opportunity to be heard before the deadline for public comment period. We would request a public hearing on the issues as well and would request that we be notified in advance of such. Thank you again for this opportunity and for your time in reading and considering our concerns. Sincerely, Individual Comment Attachment 9: November 21, 2001 Mr. Kenneth Zwick Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 Dear Mr. Zwick: Five thousand people were murdered on September 11, 2001. They left that morning to work at the World Trade Centers and the Pentagon and were at their desks by 8:30 AM. Some said "I love you" as they left, some said "see you later". and some said "don't forget to put air in your tires." None came home that night. None will come back home anymore for the rest of forever. In response to the Justice Department's request for public comment on the "September 11 Victim Compensation Fund" established by the Air Transportation Safety and System Stabilization Act, we respectfully submit the following. However, before we begin our substantive comments, please allow us to make you aware of one fact. Be very clear in knowing that there is nothing you could possibly do on this earth that could compensate us for the loss of loved ones. You could offer us one billion dollars each, lump sum, and we would trade it along with all our worldly possessions to have them back, to have them home. The Victim Compensation Fund is purported to be an attempt to "make whole" the families of the victims lost in the attacks. Unless you have some supreme power which will result in the return of our loved ones, "making whole" is impossible. Alternatively, we are hoping this legislation results in a fund which truly is an incentive for families not to pursue litigation. Thank you for giving us this opportunity to comment. RIGHT TO A HEARING The legislation as written does not make clear whether or not we will have right to be heard before a hearing officer or Special Master. Only we can present the specifics of our personal situation and loss and therefore rightfully deserve the opportunity to do so. This would include the right to be represented by counsel, to present evidence, to offer personal and expert testimony, and to present our expectations of relief. This would require each case to be heard and considered indiviually. While this may be time consuming, it is the only way to insure that each family suffering this loss is fairly represented and thus fairly compensated. ECONOMIC LOSSES We strongly oppose any cap to the amount recoverable through the Fund for economic losses suffered as a result of the death of our loved ones. Husbands and fathers worked long hours, sacrificing the precious time they had left with their families and children to each the salaries and bonuses accrued each each. This income is forever gone; to reduce it in any manner is contrary to the statutory attempts to "make whole" the family suffering as a result of this disaster. The computation of the amount of lost wages should be similar to that used in personal injury actions. Retirement age should be set at 68 and the decedent's age subtracted from there. Gross income should be averaged over the past three years. The resulting income and years to retirement should be multiplied together for a starting point for computation. Factors such as inflation, wage increases, merit advancements and any other benefits that would have earned had the victim lived should be considered and added to the amount. NON-ECONOMIC LOSSES We, again, strongly oppose any cap to the amount recoverable thorugh the fund for non-economic losses suffered as a result of the most public, painful and horrific deaths of our loved ones. Each case must be evaluated individually and must take into account specifics such as the number of the decedent's children and their age, the severity of the pain and suffering of both the victim and his family members, and the severity of the loss and the pain to be suffered as a result of reliving this tragedy as a moment in history for the rest of our lives, for the rest of their children's lives. It is worthwhile to note that families with substantial pensions, with a lost spouse nearing retirement age, or with income received as a result of the death of the victim could be unable to benefit from this Fund unless the recovery under this section is substantial. There would be no incentive to pursue a claim offset to pecuniary loss or minimal benefit. Litigation in this instance would obviously be pursued. COLLATERAL INCOME We strongly oppose and are greatly disturbed by the clause in the statute which requires any distribution under the fund to be offset by "the amount of collateral source compensation the claimant has received or is entitled to receive . . .[including] life insurance, pension funds, death benefit programs. . ." Since this is a governmentally sponsored fund, we find it understandable and accceptable to reduce the amount recovered under such by the monies received through other government programs. However, reducing the amount distributed by proceeds of life insurance policies of the decedents is unreasonable and contrary to public policy. It established a system of disparate treatment amoung the victims in that it penalizes some for investments made through personal purchases, while excusing others. For example, victims who increased their families' assets through personal purchases of stock or related investments to a level where life insurance was not necessary, would be able to collect from the fund as written with minimal offset. However, those who planned to increase family assets through life insurance would have the same distribution substantially reduced by the amount of the life insurance proceeds. If an individual purchased a rare painting for his estate planning, sold after his demise at a substantial finacial gain for his heirs, his families' distribution under the fund would not be reduced. Yet distribution to the family who purchased life insurance instead, if regulated as planned, would be offset by the proceeds. It is quite simply an unequal and unfair provision. The government may not investigate or penalize against the personal purchases of individuals. We do enjoy the right of the protection of liberty in this country, we have the right to earn a living and spend our after tax dollars as we see fit. All life insurance proceeds should not be considered as collateral income under the Fund. Most specifically, supplemental life insurance, obtained with personal funds, must be absolutely exempted from the provisions which regulate distribution reduction under the Fund. If revising the language of the statute is not an option of this Committee at this juncture, or not an option until properly challenged, we submit that reduction of the idstribution under the Fund by a percent of the proceeds of employer sponsored or funded life insurance by the amount of employer contribution would be an acceptable compromise. No reduction of supplemental life insurance should be considered. COLLATERAL INCOME/IRA'S: CHARITABLE CONTRIBUTIONS Pension funds, IRAs and 401K plans are essentially savings accounts of another name funded with the personally earned money of the decedent. The choice of one's particular occupation or allocaiton of his income gave rise to the monies available at retirement or death in these accounts. Again the issue of disparate treatment arises. Individuals who saved in a standard bank sponsored savings account suffer no reduction from distribution under the Fund. Individuals who allocated their savings of personally earned income to retirement accounts suffer reduction of the total amount in savings to that which would be distributed under the Fund. In deference to the governmental involvement in IRAs et al, money owed due to preferential tax treatment of savings in retirement accounts could be reduced from Fund allocaitons, but principal determined to be from personal savings must not. In the end, we lost our loved ones because they worked in a national landmark. The terrorists chose these buildings, the World Trade Center because they symbolized the American economy, the freedom of capitalism. It was an act of war on America and the American people recognized this. AS a result, in an effort to support our country and to unite with those of us who suffered the greatest loss in this tragedy, the American people donated hard earned money to ease the burden of those of us left to suffer this loss for a lifetime. Donations were generously given as a form of healing for both donor and receiver. It is reprehensible that the very charities trusted with the responsibility to honor the wishes of the American people see fit to withhold the donations for personal objectives, yet to have the government attempt to belittle the gesture of its own people even further is as horrific as the tragedy itself. The money donated is noted as "a gift from the American people." Since when does our government have the right to investigate our personal gifts and require the recipients to "pay them back"? Charitable donations must not be considered a source of collateral income to reduce the amounts distributable under the Fund. That is not in the spirit of which the donations were given. Restitution of the amounts by a reduction in Fund allocation would serve only to financially benefit the government. If that is what the people of this country had intended, they would have sent their checks to the government first hand. RIGHT TO APPEAL One of the liberties we enjoy in America is the right to an appeal. In cases heard before a judge in trial and in most heard before a hearing officer in an administrative agency, respondents enjoy the right to appeal the decision. Plaintiffs would have the right to appeal a decision on varying levels if litigation were pursued in response to the events of September 11. Denying one the right to appeal the decision of the Special Master is not an incentive to consider merits of the Victim's Compensation Fund. And it is contrary as well to the standard practices of adjudication of this country. Finally, we would respectfully request that payment under the Fund be paid in one lump sum and as directed by the claimants. For example, sums paid to a victim's minor children should be permitted to be made in trust with vesting as determined by the minor child's guardian. CONCLUSION Thank you again for this opportunity to comment on regulations which will bear great effect on our lives and the lives of the children of the victims. We have suffered the greatest of losses because we live in America and because our loved ones worked in the symbol of American capitalism. We are changed forever, we bear the burden of other's hatred of our country's ideals more than anyone at this moment in time. Think of the children as you write and finalize the regulations associated with the Victim's Compensation Fund. Think of the children, not partisan loyalties. Think of the children, because if you do not now, you will have lost the opportunity to support your fallen families forever. Sincerly yours, September 11 Victim's Families SEPTEMBER 11 WTC WIDOWS THAT CARE LIST OF FAMILIES SUPPORTING ATTACHED LETTER Attachment 10: November 21, 2001 Mr. Kenneth Zwick U.S. Department of Justice 950 Pennsylvania Avenue Washington, DC 20530 Dear Mr Zwick: My name is &nbsp&nbsp&nbsp&nbsp. My husband, &nbsp&nbsp&nbsp&nbsp worked for &nbsp&nbsp&nbsp&nbsp on the 104th floor and was murdered on the morning of September 11. I heard from other wives who were forturnate to have spoken to their husbands who told me that &nbsp&nbsp&nbsp&nbsp was trying to get out after the plane hit. He was in the stairwell, but could not get down past the flames and was heading for the roof. He called home at 10AM but we could not establish a connection. I do not know where he was yet I am sure he was thinking of us. I am sure he was crying, I am sure he knew he was going to die. I did not get to say "I love you". I did not get to say "goodbye". I did not get to ever talk to him or see him again. His body has not been recovered. He was 37. We have three children. &nbsp&nbsp&nbsp&nbsp is 6, &nbsp&nbsp&nbsp&nbsp is 4 and &nbsp&nbsp&nbsp&nbsp is 3. They will never see their Daddy again. They will grow up without their Daddy whom they loved with their whole heart. They will be reminded of their Daddy's most horrific death for the rest of their lives as this is now a moment in history. They are just babies. They will not remember the wonderful person their Dad was. They will not enjoy the benefit of all he could have given them. They will miss him more than I could ever begin to describe to you. They are victims of the attack on the World Trade Centers as much as my husband was. They must grow up to know that their govewrnment supported them at this time of devastation; that their government provided for the casualties of this war and that their government valued the life of its citizen, &nbsp&nbsp&nbsp&nbsp, who died because he was an American. Please accept the comments and opinions of the attached letter as that of my own. Thank you for this opportunity to comment on the September 11 Victim Compensation Fund. Sincerely, Individual Comment North Caldwell, New Jersey Attachment 11: Mr Zwick My dad died on September 1 I am mad and sad. I miss him. I want him back. Individual Comment, Age 6 Son of &nbsp&nbsp&nbsp&nbsp Please be very aware that the children have a voice that should be heard also. Attachment 12: November 20, 2001 Mr. Kenneth Zwick U.S. Department of Justice 950 Pennsylvania Avenue Washington, DC 30530 Dear Mr. Zwick: My name is &nbsp&nbsp&nbsp&nbsp. My husband &nbsp&nbsp&nbsp&nbsp worked for &nbsp&nbsp&nbsp&nbsp on the 104th floor of One World Trade Center and was murdered by terrorists on September 11th. He called me twice, first at 8:30 a.m. to ask how his son was feeling and then again at 8:50 a.m. There was fear in his voice as he said "the building's been hit by a fucking plane" I could hear the chaos in the background and he then told me he was in the stairwell, they had cell phones and the smoke was really bad - he was trying to get out. We said a tearful "l love you" and then "good- bye". I never heard from him again. His remains have not been recovered. He was 41. We have three children. &nbsp&nbsp&nbsp&nbsp is 7, &nbsp&nbsp&nbsp&nbsp is 4 and &nbsp&nbsp&nbsp&nbsp was just 4 days old. They will never see, play with or hug their daddy again. They will grow up with fear and hatred in their hearts. My husband will never hold them or watch them grow up, and I will never feel his arms around me or have his support in raising a family. They will grow up with horrific images of that day and know people who hate us did this to us, and our government let us down. Their belief in God has been shaken, their trust that America is safe and secure shattered, their joy of life crushed and their lives have been permanently altered. They were so innocent and now they are so scared. They cry themselves to sleep at night and wake up with nightmares. There are no words to describe how horrible our lives have become because of this disguisting tragedy. We are lonely, frightened and heartbroken. They have been cheated, please don't allow them to be cheated again. Think of all the children and help secure their financial futures since their worlds have been completely destroyed. Please accept the comments of the attached letter as that of my own. Thank you for this opportunity to comment on the September 11 Victim Compensation Fund. Sincerely, Individual Comment Chatham, New Jersey Attachment 13: November 21, 2001 Mr. Kenneth Zwick U.S. Department of Justice 950 Pennsylvania Avenue Washington, DC 20530 Dear Mr. Zwick: My husband &nbsp&nbsp &nbsp &nbsp was an employee of &nbsp&nbsp&nbsp&nbsp and worked on the 104th floor of One World Trade Center, On September 11th, he left for work at 5:00 a.m., as he had done for the past 20 years. He called me at 6:20 that morning to wish me a happy birthday. That was the last I heard from him. He was 46 years old. I was not one of the very few wives who received a call from their husbands during the horrific terrorist attack. I did not get a chance to say a final goodbye. My husband of thirteen years left behind three young children. &nbsp&nbsp&nbsp&nbsp is 12, &nbsp&nbsp&nbsp&nbsp is 9 and &nbsp&nbsp&nbsp&nbsp is 5 years old. My sons will never again have their father coach their basketball or baseball teams as he had done many times in the past. It was a struggle for him to make it home from the city in time, but he managed to do it. My daughter especially misses her father at bedtime, when he would read her a bedtime story and cuddle with her until she would drift off to sleep. This was all brutally taken away from them. My life without my husband is full of grief and yet I must go on for the sake of my children. I am sure that in his final minutes of his life he thought of the strength I possess as a woman and mother, and knew that eventually his family would be loved more than anything and which was the reason for he went to work that morning would preserve. I find it disheartening that at a time of such overwhelming grief, I am forced to appeal to my government - the very government that was supposed to protect our nation and its citzens from such an attack, believed that this act is the result of evil and religious posecution, but I also believe it was the result of a total breakdown in our intelligence and security. Because of the incredible amount of paper work that has comes as a result of this tragedy, and the new responsibilities that I now have to assume as a single parent to three, I am writing in a lengthy letter experiencing my personal comment on the September 11 Victime Compensation Fund. The attached letter express my opinion and that of my family. Thank you for the opportunity to be heard. Sincerely, Individual Comment Atachment 14: November 20, 2001 Mr. Kenneth Zwick U.S. Department of Justice 950 Pennsylvania Avenue Washington, D.C. 20530 Dear Mr. Zwick, My name is &nbsp&nbsp&nbsp&nbsp. My husband, &nbsp&nbsp&nbsp&nbsp worked for &nbsp&nbsp&nbsp&nbsp on the 105th floor on the World Trade Center. The morning of September 11 began not unlike any other morning. &nbsp&nbsp&nbsp&nbsp woke and got ready for work, kissed me goodbye, said, "I love you", and left to catch the train to Manhattan "that was the last I would ever see or speak to him again We were married for eight and half years. We were best friends. Not unlike many other married couples, we made many sacrifices in pursuit of "The American Dream" &nbsp&nbsp&nbsp&nbsp worked for &nbsp&nbsp&nbsp&nbsp for two and half years. During that time he spent one and half years running their Haridurt office commuting every other weekend to the states so that we could be together. He had only returned home permanently in September of 2000. We immediately began our long awaited renovation of our home, a cold sign that our dreams were finally coming to fruition. We celebrated the completion this past July &nbsp&nbsp&nbsp&nbsp and I have no children. That was an opportunity taken from us on the morning of September 11, 2001. I am 35 years old, he was 37. I find it incomprehensible that such a security breach and murderous act could possible take place in our homeland. As an U.S. tax-paying citizen, it is insulting to me to know that our hard-earned dollars have, and continue to be spent in foreign lands helping to aid and protect those that contribute nothing to our country. It is difficult to perceive of this continuing foreign relief effort, while there are thousands of us now in America in need. I reach to believe that the government who failed so many of us on September 11 is going to make every effort to restore our lives, our dignity, and our claim in The United States of America. Please accept the comments and opinions of the attached letter as that of my own. Thank you for the opportunity to comment on the September 11 Victime Compensation Fund. Sincerely, Individual Comment Manhasset, NY Attachment 15: November 20, 2001 Mr. Kenneth Zwick US Department of Justice 950 Pennsylvania Avene Washington, DC 20530 Dear Mr. Zwick, My husband, &nbsp&nbsp&nbsp&nbsp worked for &nbsp&nbsp&nbsp&nbsp on the 105th floor of One World Trade Center and was killed on September 11, along with all the other victims of that horrible day. Although I did not hear personally from my husband, the fellow who worked next to my husband got a call out to say that they knew they were hit by a plane, that they were having a hard time breathing from the smoke and that they were headed for the roof. The horror of their experience is immeasurable. We have two children, &nbsp&nbsp&nbsp&nbsp and &nbsp&nbsp&nbsp&nbsp who miss their father very much. He was a very devoted and hard-working Dad, spending a lot of time with them, and coaching lacross, soccer, and basketball teams throughout the years. He was teaching my daughter to golf and after her cross-country meets they had planned to spend these fall weekends golfing together. &nbsp&nbsp&nbsp&nbsp was my husband and my best friend and we planned to watch our children grow up together. I feel a grave injustice has befallen my husband and the victims of September 11. This was not the first attempt at WTC destruction and my husband, along with others were in the bombing of 1993. This was not the first time a plane was hijacked. I feel that there were grave mistakes made on the part of our intelligence agencies, our government regarding terriorism and regarding plane safety. Our country failed to protect its citizens to the best of their capacity. The people who returned to those buildings in 1993 felt that they would be protected and the best job that should have been done to do that was not done. They have been made the sacrifice in order for proper realization of what should be done to protect our citizens on land and air. The sacrifice also now falls on the shoulders of the families left to deal with the agonizing horrific trauma of this event. Please accept the comments and opinions of the attached letter as that of my own. Thank you for this opportunity to comment on the September 11 Victim Compensation Fund. Sincerely, Individual Comment Manhasset, NY Attachment 16: November 21, 2001 Mr. Kenneth Zwick U.S. Department of Justice 950 Pennsylvania Avenue Washington, DC 20530 Dear Mr. Zwick: My Name is &nbsp&nbsp&nbsp&nbsp, my husband &nbsp&nbsp&nbsp&nbsp worked on the 104th floor Of One World Trade Center for &nbsp&nbsp&nbsp&nbsp. On September 11, 2001 at 8:55 AM &nbsp&nbsp&nbsp&nbsp called me from his office to tell me a plane hit his building and that he was unable to get the doors open to the stairwells. He also said the smoke was "pouring into his office. I told him to do what ever he could to get out and to call me as soon as he was out. He never did. He was 36 years old and the father of 2 little girls. &nbsp&nbsp&nbsp&nbsp is 2 and half and &nbsp&nbsp&nbsp&nbsp is 6 months. Our children's lives and my life are now changed forever. &nbsp&nbsp&nbsp&nbsp adored her daddy And talks about him all the time. She thinks he is at work and will be home soon. She is too young to understand what happened to him but will learn all about it when she goes to school. &nbsp&nbsp&nbsp&nbsp was a wonderful husband and caring father who will be missed by all who knew him and especially by his family. In making decisions about the "September 11 Victim Comprensation Fund", please be mindful of the horrific way in which our loved ones were murdered and how important they were in our lives. In closing, I ask you in remember the individual who spilled hot coffee on herself from Mcdonalds and was awarded over 2 million dollars by a jury. She is alive and well today, my husband is not. Please accept the comments and opinions of the attached letter as that of my own. I thank you for this opportunity to comment on the September 11 victime compensation Fund. Sincerely, Individual Comment Attachment 17: Hawthorne, NJ November 19, 2001 Dear Mr. Zwick, My name is &nbsp&nbsp&nbsp&nbsp. My husband, &nbsp&nbsp&nbsp&nbsp, was murdered on September 11, 2001. &nbsp&nbsp&nbsp&nbsp was employed by &nbsp&nbsp&nbsp&nbsp and was on the 100th floor of tower one, at the time of the attack. &nbsp&nbsp&nbsp&nbsp and I have two children, &nbsp&nbsp&nbsp&nbsp who is 16 and &nbsp&nbsp&nbsp&nbsp who is 13. I would like to briefly explain how painful this ordeal has been on our family. &nbsp&nbsp&nbsp&nbsp would have celebrated her 16th birthday on September 14th, 3 days after the attack. Instead she sat in the dark, on our front lawn, wishing and praying that the next car that passed would be her daddy. Needless to say, her 16th birthday wish did not come true. One the Saturday after the attack, my son played his fall league championship game. My husband &nbsp&nbsp&nbsp&nbsp was one of the coaches, he always coached third base. At my son's first at bat he smashed the ball to the fence, an unmistakable home run, but &nbsp&nbsp&nbsp&nbsp could not make it around the bases, he stopped at second, he could not bring himself to go to third. because Dad wasn't there, there was no third base coach that night. I trust that with these brief stories I have somehow been able to express that pain we are feeling and will continue to feel for the remainder of our lives. I request the support of the United States Government during this, the most hateful and horrifying act of terrorism in the history of the United States. Please accept the letter attached as my own opinion. Very truly yours, Individual Comment Hawthorne, NJ Attachment 18: November 20, 2001 Mr. Kenneth Zwick U.S. Department of Justice 950 Pennsylvania Avenue Washington, DC 20530 Dear Mr. Zwick: My name is &nbsp&nbsp&nbsp&nbsp. My husband &nbsp&nbsp&nbsp&nbsp worked for &nbsp&nbsp&nbsp&nbsp &nbsp&nbsp&nbsp&nbsp at Two World Trade Center on the 90th Floor. On September 11th, I spoke to &nbsp&nbsp&nbsp&nbsp at 8:45 am and he informed me that there had been an explosion and that he was trying to leave the building. I heard from him again at 10am and he was on the 108th floor trying to get to the roof. I hever heard from &nbsp&nbsp&nbsp&nbsp again. His body was recovered and identified on September 12. &nbsp&nbsp&nbsp&nbsp was 34 years old. I never got to speak to my husband again. We were only married 2 years and we had just bought a house. I will never know what it would have been like to have children with &nbsp&nbsp&nbsp&nbsp and grow old together. I won't get that opportunity. My partner, lover and best fried is gone forever. Please accept the comments and opinions of the attached letter as that of my own. Thank you for this opportunity to comment on the September 11 Victim Compensation Fund. Sincerely, Individual Comment PARK RIDGE, NEW JERSEY Attachment 19: November 20th, 2001 Mr. Kenneth Zwick U.S. Department of Justice 950 Pennsylvania Avenue Washington, D.C. 20530 Dear Mr. Zwick: I am a fourteen-year-old boy by the name of &nbsp&nbsp&nbsp&nbsp. My father was &nbsp&nbsp&nbsp&nbsp, a kind man and a wonderful dad. We did everything together, from going to various sporting events to playing golf. On the morning of September 11th, in an instant of fire and smoke, my father would never again be able to hold me in his arms. He worked in the 104th floor of World Trade Center 1 for the offices of &nbsp&nbsp&nbsp&nbsp and was there, as usual, September 11th. In the northwest corner he remained trapped by the unrelenting smoke and fire with abouth fifty other &nbsp&nbsp&nbsp&nbsp employees. It was then that he realized that this could be the last of his moments alive. He was the only one there with a cell phone, so most of the time he allowed other people to call their loved ones. He was on the phone with my mother at the very end, until we lost connection about ten minutes before his building collapsed. I was in school, oblivious to what was happening, expecting to go home and hear that my father was fine. That was not the case, however. I would never hear his voice or feel his loving touch again. Not only was I directly affected, but also my mother, of course, and my 11-year- old brother &nbsp&nbsp&nbsp&nbsp. Never again will we be the same, for we are forever without our father's tender love and caring advice. I may not be an adult, but I fully grasp the gravity of what is occurring both in our government and elsewhere. The comments and opinions attached to my letter represent not only my beliefs, but I'm sure that of everybody else who is in my situation. Please accept our pleas and suggestions, and thank you for a chance to respond on the September 11th Victim Compensation Fund. Sincerely yours, Individual Comment Rockville Centre, N.Y. Attachment 20: November 30, 2001 Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice Mr. Zwick: As you give consideration to the rules that will govern the administration of the "September 11 Victim Compensation Fund," I ask that you recommend total inclusiveness for all Americans, and not deny such assistance to anyone based upon their actual or perceived orientation. We all pay taxes ... and all who were hurt by, and therefore eligible due to their September 11 circumstances should benefit from the generosity of the American taxpayer. Sincerely, Individual Comment Concord, CA September 11 Email: Date The local time and date when the message was written. 2001-11-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000273.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, March 19, 2002 12:35 AM compensation fund To whom it may concern, Your actions of excluding gays and lesbians from full compensation benefits is a blow to the freedom of America. If you are going to bend "laws" for illegal immigrants, than why not extend benefits to people who are actually citizens! If you are going to operate under the ideology of American solidarity then stop being hypocritical and start embracing our differences! Sincerely, 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 dojR002091.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, November 06, 2001 8:25 PM victims' compensation who should apply for compensation? anyone injured in the september 11 attack should the attorneys of the victims get paid? i dont think they should get paid. i think all this should be handled out of court. should government compensation be reduced by the amount of victims' families receive from pensions, insurancepayments or gifts from charities?no i feel that eevery body that lost a love one should be paid. THIS IS WHAT NEEDS TO HAPPEN, TAKE ALL FUNDS INCLUDING GOVERNMENT AND ADD ALL OF IT UP THEN DIVIDE IT EVENLY AMONGST THE VICTIMS AS LONG AS IT WAS A DEATH.THERE IS NOT A PRICE U CAN PUT ON LIFE SO EVERYBODY CANT BE SATISFIED WITH THE OUTCOME OF THE SETTLEMENT. Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-06 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000147.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. 2001-11-06 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, November 06, 2001 10:07 AM VICTIM COMPENSATION LAW HOW DARE ANYONE CONSIDER REDUCING AWARDS BY RECEIPTS FROM CHARITIES! Congress mentioned LIFE INSURANCE and PENSIONS. If they intended CHARITY RECEIPTS , they would have specified CHARITY RECEIPTS. Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-06 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000056.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. 2001-11-06 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Thursday, December 20, 2001 3:39 PM Victim Relief Fund for all 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 Forest Grove, OR 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 dojN000010.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, December 18, 2001 9:43 PM Crisis relief benefits December 18, 2001 Dear Mr. Kenneth Zwick, With other human rights supporters, I write to ask that all victims, regardless of sexual orientation or marital status, be granted equal access to benefits under the September 11 Victims Relief Fund. 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. These prohibit arbitrary discrimination. Though I am part of a religious tradition (Christian) that raises profound questions about the morality of homosexual activity, I also believe these gay and lesbian victims of 9/11 are human beings who have lost loved ones. They need our support. As you consider the task before you, I ask that you apply basic international human rights standards, and the general principle of equality, by including those who lost their life partners, as well as de facto parents or children, among relatives eligible for compensation, without considering sexual orientation. 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, 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. This should sadden and anger us. Gays and lesbians suffer like everyone else. An inclusive policy on the part of the federal government would help establish an important principle to help these victims. Thank you for considering my concerns. I look forward to hearing from you on this matter. Sincerely, Individual Comment Grand Rapids, MI 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 dojA002370.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. Thursday, December 20, 2001 10:52 AM Equal Access to Relief funds 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 Countryside , IL 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 dojA004237.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. Friday, December 14, 2001 3:14 PM fair funding Sample letter: 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 Seattle, WA 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 dojA001724.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-14 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, November 27, 2001 8:32 AM New York Workers' Compensation offset To: Kenneth L. Zwick: I am the president of the Injured Workers' Bar Association, an organization of New York lawyers that represent claimants in propceedings before the NY Workers' Compensation Board. We are concerned about the question of whether payments from the Victim Compensation Fund will be considered third-party settlements under the provisions of Section 29 of the New York Workers' Compensation Law. As the attached analysis shows under current law we believe such payments would be considered third-party settlements subject to advance approval by the WC insurance carrier. I strongly believe that when regulations are drafted for the Victim Compensation Fund this issue be considered, and appropriate action taken to protect the victims rights to payments from NYS Workers' Compensation carriers. Thank you. Individual Comment Attachment 1: Third Party Consent and the Workers' Compensation Claims Arising out of the September 11 Terrorist Attacks Shortly after the attacks on the World Trade Center and the Pentagon the Congress passed federal legislation to address concerns about the economic impact of possible personal injury litigation arising out of the attack. Signed into law on September 22, 2001 the September 11 Victims Compensation Fund [Title IV of the Air Transportation System Stabilization Act, H.R. 29826] allows the persons who were injured in the attacks or the survivors of those killed to waive their right to file a personal injury lawsuit and in return receive a lump sum payment from the federal government. Review of the Act and such analysis as has been published so far reveals that no one has clearly addressed the possible legal effect of such a waiver on a New York State (or other state) workers' compensation claim. The American Trial Lawyers Association and the New York State Trial Lawyers Association have announced a laudable pro bono effort to assist anyone filing a claim under the federal law. A new association called Trial Lawyers Care, Inc. has been formed for this express purpose. In our view it is critical, however, that any attorney who represents or assists a person filing such a claim first investigate fully whether a workers' compensation claim has been filed or may be filed, and if so whether the workers' compensation insurance carrier will consent to the waiver of the right to sue. Regardless of whether the federal waiver program accounts for the existence of an actual or potential workers' compensation benefit by an offset or other non-duplication of benefits language, in our opinion in New York the insurance carrier's statutory rights to approve a third party settlement and recover their possible lien will be unaffected. Under §29 of the New York State Workers' Compensation Law, the workers' compensation carrier has an absolute lien on any benefits obtained in a third party action up to the limit of their liability for both indemnity and medical benefits paid. If a claimant with an actual or potential third party action seeks to settle that action by compromising their claim, they must obtain the consent of the workers' compensation carrier to do so. Should the claimant fail to obtain the carrier's consent to settle, they will be absolutely barred from receipt of any and all further workers' compensation benefits. In our view by executing the waiver of a possible third party claim, a claimant may be found to have prejudiced the lien rights of the workers' compensation carrier and may in consequence lose many thousands of dollars of workers' compensation payments over the rest of their lives. The acceptance of the waiver in this situation is basically the same as settling a regular personal injury case arising out of a compensable accident. The mere fact that the injury or death occurred from the attack at the World Trade Center or Pentagon should not change any of the obligations of the attorney representing a claimant or the rights of the workers' compensation carrier. Please note further that under Section 29 of the Workers' Compensation Law when a claimant chooses not to sue a tortfeasor, the workers' compensation carrier has a right of subrogation. This factor makes the argument all the more compelling that a claimant must obtain the consent of the compensation carrier before waiving the right to bring a lawsuit because such waiver compromises the carrier's right of subrogation. If the requirements of §29 are not complied with the consequences to the injured worker can be devastating. A surviving spouse and children could receive as much as $400 per week. In the case of a 32-year-old widow who lives another 50 years, the failure of that widow's counsel to obtain the consent of the workers' compensation carrier to the waiver can result in loss of more than $1,000,000.00 over the rest of her lifetime. We realize that some practitioners might takes the position that waiving one's right to sue to receive the federal payment is not the equivalent of settling a third party action as contemplated in §29 of the Workers' Compensation Law. Of course it is possible that in the future a court may rule that accepting the waiver was not the same as settling a person injury lawsuit, but we advise our members not to take this risk without first thoroughly protecting their client's interest. If any attorney wants to pursue the position that money paid out under a federal victims program is not the equivalent of settling a third party action, the attorney could do so by first getting the consent of the carrier to the waiver and paying or putting in trust any money that the workers' compensation carrier claims as a lien. As part of that consent agreement the attorney should include language in the consent letter that it is the attorney's position that consent does not have to be obtained and that he will litigate the matter before the Workers' Compensation Board and/or in the courts. The attorney should also obtain in the consent letter a guarantee that the carrier will pay back any lien taken as part of the consent and that the carrier will reinstate any benefits not paid because they were taking "credit against a third party recovery". This method will protect both the claimant and the attorney should a court eventually rule that the monies paid out under the federal program were not the equivalent of a third party action. It should go without saying that if someone proceeds with a regular lawsuit as a result of the September 11 attack then the provisions of §29 of the Workers' Compensation Law must be complied with prior to any settlement. Clients should be advised that the workers' compensation carrier may assert a lien against the proceeds of the Federal recovery and reserve the right to take an offset for the claimant's net recovery against any future claim for compensation benefits. If this is the case, then it may not be worthwhile for the claimant to give up his/her right to sue, because no benefit would actually accrue to the claimant since the Federal recovery would simply become an advance payment of compensation--deferring the carrier's obligation to make payments to the claimant for a period of several years. Unfortunately, the federal legislation establishing the September 11 Victims Compensation Fund did not explicitly deal with the issue of workers' compensation carrier liens. The legislation does contain offset language that appears to discount any federal award by actual or potential workers' compensation indemnity benefits. This is not enough, in our view, to overcome the lien rights under §29 since they attach to medical as well as indemnity benefits. Perhaps Congress will deal with this issue at some future time but for now, as attorneys advise victims or survivors, a foremost concern should be determining and properly protecting the workers' compensation benefits of the victims. For more information or to locate a qualified workers' compensation attorney from any part of New York State visit our web site at www.injuredworkersbar.org . Article researched and written by members and . 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 dojA000007.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. Sunday, January 20, 2002 12:54 AM Reevaluation of Victim's Compensation To Whom it May Concern: I am writing on behalf of family friends who lost their son in the World Trade Center on September 11, 2001. Like most families who lost loved ones that tragic day, my friends are absolutely devastated by the death of their only son. Unlike other families, however, my friends stand to go unrecognized and virtually ignored by the system if the current rules for the Federal Victim's Compensation Fund apply. These friends, an elderly immigrant couple, are retired. They lived with their son, &nbsp&nbsp&nbsp&nbsp , in Brooklyn. Though a modest wage earner, &nbsp&nbsp&nbsp&nbsp was young and had a bright future ahead of him. &nbsp&nbsp&nbsp&nbsp served a role very familiar to second generation children -- that of a conduit to the larger, sometimes foreign community. He was extremely devoted to his parents, supporting them financially and emotionally, caring for them when they were ill. When his mother suffered a debilitating injury several years ago, it was &nbsp&nbsp&nbsp&nbsp who tended to her and bathed her. It is a sad technicality that his parents were not claimed as dependents on &nbsp&nbsp&nbsp&nbsp tax returns, for they indeed relied on him as their primary caregiver. I am requesting that you reevaluate the terms by which the families of victims will be compensated. Every victim and every family will not neatly fall into the efficient categories we set to paper. It is important that we take the time to recognize the special circumstances that do exist. died that morning in his office believing in his country. It is only fair that his parents, vulnerable especially now, are taken care of now that &nbsp&nbsp&nbsp&nbsp is no longer here. Thank you for your time and consideration. Sincerely, Individual Comment Los Angeles, CA September 11 Email: Date The local time and date when the message was written. 2002-01-20 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 dojN002098.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. 2002-01-20 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 06, 2001 2:38 PM Federal relief fund for victims of 9-11-01 attacks I believe that money given by charity should not be considered a collateral source of compesation for the victims because charity should be considered by exactly what it means: it's given freely and unselfishly. Any insurance that the victims collect should be considered as a collateral source of compensation because this is a means of protection from unforseen events like the ones on September 11th. The fund, from what I understand, is to act like insurance for those who have none. I hope this opinion helps. Thank you for your time. Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-06 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000111.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. 2001-11-06 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. 14 December 2001 The Honorable Philip J. Perry Acting Associate Attorney General United States Department of Justice 10th and Constitution Avenue Washington, DC 20530 Dear Mr. Perry: I am writng to you on behalf of two dear neighbors and friends, , whose home is several doors down from mine. On September 11, 2001, , an analyst for the , was killed when American Airlines Flight 77 struck the Pentagon. At that moment, lost her partner of eighteen years. And in the past few months, through her grief, has remained the same wonderful neighbor and friend--taking part in community events, helping prepare for the arrival of a new baby on our block, keeping the keys to half the houses in the neighborhood, as people ask her to keep an eye out for their homes while they are away. But among all the activities and thoughts that occupy her, has one additional burden not faced by many families struck by the attack on our country--financial uncertainties were created by the death of and, at present, is not considered eligible for help by the Federal Victim's Compensation Fund. I am writing to ask that you consider making certain that the Compensation Fund specifies that domestic partners, personal representatives, or the estate of those who were killed in the September 11th tragedy be eligible to seek financial help from the Fund. Friends like mine, deep in their grief, should not be burdened by questions about how to pay their mortgage this month, or which bill might be put off a little longer. You will find attached a list of individuals who agree with these sentiments, and have signed their names in support of including this wording in applying the Federal Victims' Compensation Fund. I thank you in advance for your efforts to make certain that friends like will soon be aided by the Fund. Respectfully, Individual Comment University Park, MD September 11 Email: Date The local time and date when the message was written. 2002-01-11 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 dojA004595.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. 2002-01-11 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, March 15, 2002 10:20 AM 9/11 Fund Discriminates against Gay and Lesbian Americans I am very disturbed to hear that the 9/11 fund will distribute benefits to illegal immigrants and not to the partners of gay and lesbian victims of the 9/11 tragedies. Had I known this blatant discrimination would have ensued, I never would have sent in my donation. How dare you proclaim "United We Stand" when you cherry pick those chosen to receive benefits. You folks should be ashamed of yourselves. Individual Comment Watertown, MA September 11 Email: Date The local time and date when the message was written. 2002-03-15 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000836.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. 2002-03-15 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 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 relationship and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment San Francisco, CA September 11 Email: Date The local time and date when the message was written. 2001-12-13 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 dojA001787.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