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. October 1, 2001 Ms. Carol Watkins, Director State Compensation and Assistance Division Office for Victims of Crime 810 Seventh Street, NW Washington, DC 20531 Dear Ms. Watkins: Following review of Title IV-Compensation, of the Air Transportation Safety and System Stabilization Act, the following questions are submitted for your review and response. 1. Payor of Last Resort Status Section 409 of the Federal statute provides that the United States shall have the right of subrogation with respect to any claim paid by the United States under this title. This appears to be in conflict with the Victims of Crime Act, as amended, [42 U.S.C. 10602(e)] which provides"...if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program, would otherwise pay, (1) such crime victim compensation program shall not pay that compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program". Similarly, the Final Guidelines for the Victims of Crime Act (VOCA) Crime Victim Grant Program, provide that "The compensation program is the payor of last resort with regard to Federal of Federally financed programs...The Federal or federally financed program must make payments without regard to benefits awarded to a crime victim by a state crime victim compensation program." The Board would like clarification as to who is the payor of last resort between the two programs. 2. Single Claim Not more than one claim may be submitted under this title by or on behalf of a deceased individual. What effect does this have on multiple family members who have separate claims? Do all have to agree for one claim to be filed with the Federal program, and will all be compensated under that one claim? 3. On-going payments When a claimant is determined eligible for a loss of earnings or support award, a lump sum decision is rendered paying up to the date of the decision. Additional payments, up to the maximum allowable ($30,000) are paid on a monthly basis. In the event a Federal claim is filed, what will happen to claims on protracted status with the Board? Will they continue under the State program or be transferred to the Federal program? Will the State be eligible for a supplemental grant to compensate for on-going awards, or be limited to the 40% Federal share? 4. Supplemental Grants In the event the victim or survivors decide not to file with the Federal program will the State only get the 40% Federal match or full funding as a supplemental grant? 5. Treatment of claims based on non-injured victims. Under current Board practice (based on statute as affected by the Executive Orders issued specific to World Trade Center Claims) the Board can provide counseling for witnesses to the crime, or the immediate aftermath of the crime and to rescue workers, who have not sustained a personal physical injury. As claimants for the Federal program must be injured as a result of the crime, or survivors of victims who died as a result of the crime, the victims who were not injured will not be eligible for the program. Will the Board receive supplemental funding to compensate for these claims or will it be limited to the 40% Federal share that is generally received in medical claims? The following question does not relate to the new Federal Compensation program but is an issue regarding the World Trade Center attack claims. 6. FEMA has made a grant to the New York State labor Department for provision of compensation to victims or survivors. Part of the compensation that is provided under this grant duplicates payments for loss of earnings/support and burial which the Crime Victims Board is empowered to make. Both the State Labor Department program and the Crime Victims Board claim payor of last resort status. As there is a Federal component to the grant it would appear to be affected by the language set forth in question 1 above. Please clarify the relationship of the two programs, and which is payor of last resort. Thank you for the opportunity to raise these issues. I look forward to your guidance on these sensitive issues during this difficult time. Please be assured that the New York State Crime Victims Board will continue to strive to meet the needs of all crime victims. Sincerely, Comment By: Chairwoman Crime Victims Board Albany, NY September 11 Email: Date The local time and date when the message was written. 2001-10-01 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000804.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. 2001-10-01