136 20 12614 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, November 07, 2001 9:14 PM victim compensation Dear Sirs: Although I feel for the victims of the 9/11/01 tragedy, I do not think the US Government should be involved in any compensation for victims or relatives. This is an area best handled by agencies already in place for collecting and dispursing donations. Private insurance, pensions, gifts and monies confiscated from the accounts of those involved in the acts of terror or other criminal act should be utilized. The problems of identifying those qualifyng for benefits, trying to determine the harm to those claimants and then having to determine the parity of the benefits is not anything the government should attempt. By no means should any payment to any representing attorney be considered. If the decision is made to provide compensation, the funds available should be dispursed equally to those qualifying according to class of loss-i.e.,survivor with minor injury-survivor wth disabling injury- survivor with loss of limb- surviving spouse without children from a deceased victim -surviving spouse with children from a deceased vicitim-with no consideration to amounts of collateral compensation. The cost of dispursement in any other manner would soon be as much as the award. If dispursed equally to all in a particular category, there should be no reason to appeal and therefore no right to appeal. This should not be or become an entitlement program. I would also ask you to consider the precedent of any action. Will you now consider compensation to any victim or relative of any terrorist act, an act of war, civil unrest, etc. Let charitable organizations and private insurance handle this. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000219.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, March 11, 2002 2:35 PM benefits for Gay and Lesbian surviving partners To the September 11 Fund, I am writing to find out if gay and lesbians are to be denied benefits from the September 11 Fund -- if surviving partners and their children will be excluded from payments made to the families of the victims of this tragedy. I can only begin to imagine how complicated the process of disbursing payments might be, and I am hoping that the comments of Kenneth Feinberg on NBC's "Meet the Press," March 10, 2002, were incorrect (see below for comments). If changes to state law are being made to include illegal aliens (a step I find completely appropriate, and in line with the sentiments of unity that moved through us as a nation in the wake of September 11), then I am certain we possess the both the will and the ability to extend the help to all who need and deserve it. My partner and I made a contribution to the September 11 Fund believing that all who needed help would receive it. I look forward to your reply. Sincerely, Individual Comment Durham, N.C. September 11 Email: Date The local time and date when the message was written. 2002-03-11 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 dojR000155.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. 2002-03-11 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. Message: Please give a copy of this letter to Mr. Kenneth Feinberg and Mr. Kenneth L. Zwick. Thank you. To: Kenneth Feinberg Date: 12/06/2001 December 6, 2001 Please deliver or forward to Mr. Kenneth Feinberg. Re: Victim Compensation Fund Dear Mr. Feinberg, I watched with great interest, your interview with Gwen Ifill on The News Hour last night. The key word that kept coming up during the course of your discussion was "discretion." For the reasons enumerated below, I want to urge you to be inclusive of life partners, be they homosexual, heterosexual, or transgender, as well as de facto children, as you develop disbursement guidelines for the victim's compensation fund. 1. When you mentioned that there were decisions that would be left to your discretion, I began to ponder how many discretionary decisions are made that affect the daily lives of Gay and Lesbian* Americans. Because we do not have equal rights afforded to us by the federal government and most state and local, any rights to speak of often hinge on the discretion of what we hope will be fair-minded people in the judicial and legislative systems. We frequently wait with baited breath for decisions to be handed down by the courts on whether we can adopt, if we can receive a deceased partners benefits, or on the very status of our relationship. It is always our burden to prove our commitment to each other, whereas most heterosexual people can easily marry or elect to become de facto husband and wife through co-domicile, often recognized as a marriage in many states. Of course, the legislative side of winning approval of our relationship and attendant rights is one wrought with risks due to supportive legislative fear of losing the next election for their stance on Gay rights. I won't even visit the citizen referendums that went around the country in the 90's, which attempted to retract local and state laws that recognized Gay relationships. Until just recently, the military routinely undertook witch-hunts at their discretion, in an effort to boot homosexuals from the armed services even with the "don't ask, don't tell" policy in effect. Conveniently, some of that has been relaxed because more bodies are needed for the war effort. It is fortunate for all Gays and Lesbians who choose to serve their country with honor and dignity, do so regardless of the fact that their country abandons their rights and personal dignities. Unfortunately for Gay and Lesbian Americans, it is not left to our discretion as to whether we pay our taxes. We work and fit seamlessly into society, yet we do not receive many of the benefits due to our status, or lack thereof, as Gay and Lesbians. We are diminished both in personal relationships and financially. In the workplace, we frequently cannot obtain health benefits for our partners, and if we can it is a taxable benefit to the employee. Yet there are people who say they shouldn't have to pay for Gays' benefits, yet we pay for theirs in innumerable ways. 2. I know that this administration has not been an endorser of Gay relationships, but if we remove the context of "Gay" and put surviving partner of a relationship as a party who had financial interdependence to the deceased, then I strongly argue that the government should include that partner (and children if this applies) in the victim compensation fund. This is purely from a fair and equitable standpoint. Since September 11th, President Bush has delivered the message numerous times that we treat each other with dignity and respect in America, regardless of our perceived differences. This is his administration's stance, and thus your opportunity to set an example for that message. 3. It is easy to review through the eyes of history, how the rights of disenfranchised groups have been left to the discretion of a few individuals, sometimes with horrific consequences. This is a brilliant opportunity for you to use your discretion to help not just some of the people with personal relationships to the victims, but all of those who lost someone that they deeply loved in these national tragedies. * For brevity, this includes Gay, Lesbian, Transgender, and Bisexual people. Sincerely, Individual Comment Denver, CO Cc: Mr. Kenneth L. Zwick September 11 Email: Date The local time and date when the message was written. 2001-12-06 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA001421.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-06 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, February 02, 2002 4:36 PM illegal immigrants receiving compensation Dear People; I just voted in a vote.com poll as to whether illegal immigrants should receive compensation. I voted "Yes" because I don't really subscribe to the idea of an illegal immigrant. Except for vipers in our bosom like al-Qaeda terrorists, we should take everyone. Individual Comment Anchorage, Alaska September 11 Email: Date The local time and date when the message was written. 2002-02-02 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 dojP000359.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-02-02 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 5:30 PM This discrimination makes ma ASHAMED to be American This IS NOT fair, just or moral 9/11 FUND UNFAIR TO GAYS Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-17 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001504.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. Friday, January 18, 2002 4:33 PM January 18, 2002 Re: The Interim Final Rule of the September 11th Victim Compensation Fund of 2001 I am writing to ask for your help to correct the inequities contained in the Department of Justices interim final rule for the September 11th Victim Compensation Fund of 2001. The pain my family has experienced in this tragedy is difficult to communicate. The loss of my husband is devastating. I would exchange all compensation to bring back. The interim final rule increases the already intense pain to an even higher level. I ask you to help bring some fairness and balance to our lives. Please give us a reason to participate in the Fund. Please adjust the interim final rule to provide economic and noneconomic amounts at fair, balanced and acceptable levels. Please establish a fair appeal process. Please preserve workers compensation payments for surviving victims. Finally, please include the specific calculation formulas, statistics and assumptions within the rule or the explanatory materials. The Interim Final Rule provides little incentive to participate in the Fund because it seriously understates our losses and undervalues the compensation for those losses. Consequently, the Interim Final Rule will defeat the intent of Public Law 10742. When Congress passed the Air Transportation Safety And System Stabilization Act on September 22, 2001, it severely restricted our right to sue the airlines, which bear responsibility for our loved ones deaths because of lax security procedures. In exchange for denying Family Members this right, they provided the September 11th Victim Compensation Fund of 2001. The Fund is supposed to compensate the victims' families for the types of losses that would have been recoverable in a lawsuit. This includes economic losses, such as lost income, and non-economic losses. Non economic losses described in the law are very broad and inclusive. They are described as losses for: physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature. The Interim Rule/Regulation also describes the intention of the law: The Fund is designed to provide a no-fault alternative to tort litigation for individuals who were physically injured or killed as a result of the aircraft hijackings and crashes on September 11, 2001 {Interim Rule/Regulation, Summary Paragraph A.1.}. The attached regulations have two objectives: (1) To provide fair, predictable and consistent compensation to the victims of September 11 and their families throughout the life of the program; and (2) to do so in an expedited, efficient manner without unnecessary bureaucracy and needless demands on the victims. {Interim Rule/Regulation, Supplementary Information.}. The Interim Final Rule issued by the Department of Justice (DOJ) falls far short of these stated goals and does not comply with the statute passed by Congress.: a) Under the Interim Final Rule, noneconomic losses are limited to $250,000 for my husband and $50,000 for children and a spouse. My family would receive only one-tenth the amount of noneconomic losses recovered in other air crash and terrorism cases, which commonly result in awards well into the seven-figure range. b) The Interim Final Rule understates economic losses in two ways: It caps the salaries of high-income victims and underestimates the lifetime earning potential of victims at all income levels. Independent economists have shown the interim final rule uses outdated and inapplicable work-life and life-cycle earnings data to underestimate promotions and pay increases and consequently provides low estimates of our loved ones future earnings. Because the initial award amounts are so low, many families will receive little compensation from the Fund after the collateral payment deductions have been subtracted. There will be little reason to participate. To compound the unfairness, my family would have little real opportunity to appeal the determination of the Fund Master. A familys award may be increased above the presumptive award only by showing extraordinary circumstances beyond those suffered by other victims or victims families. This makes the hearing or appeal to the Special Master extremely arbitrary, unclear and unfair. In addition the proposed compensation to the spouses, children and other innocent victims of the attacks is out of balance when compared to the generous compensation to the airlines. Not only did the law cap the airlines liability at the limits of their insurance (which saves the airlines billions of dollars), but it also provides for direct cash payments and loan guarantees to the airlines totaling $15 billion. The underpayments to the spouses, children and other loved ones suffering from this attack will shift the cost of these airline subsidies and liability limits to the innocent victims of the attacks. Please correct the inequity. Please give us a reason to participate in the Fund. Please adjust the interim final rule to provide economic and noneconomic amounts at fair, balanced and acceptable levels. Please establish a fair appeal process. Please preserve workers compensation payments for surviving victims. Finally, please include the specific calculation formulas, statistics and assumptions within the rule or the explanatory materials. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-01-18 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 dojN002037.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. 2002-01-18 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, March 28, 2002 8:10 AM Re: How can this be True? Undoubtedly the overseer of funds along with the Attorney General and The President all seem to have the same narrow minded view. How can this be in the one country where acceptance of all was the founding thought? Perhaps they need to re-read the history books, and understand that unless all are accepted, there will never be a country as a whole. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-28 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 dojR002782.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. 2002-03-28 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. Sunday, December 09, 2001 10:52 PM 9/11 Victim Compensation Fund Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice Dear Mr. Zwick: I am writing in response to the Department's request for public comments regarding the forthcoming regulations for implementing and administering the "September 11 Victim Compensation Fund." I strongly urge the Department to draft regulations that ensure compensation is available to all victims of the attack, including the committed partners and the non-biological children of gay and lesbian victims. It is unquestionable that the devastating grief and economic losses suffered by the families of gay and lesbian victims are no less than that of other families. Many Americans lost their lives on September 11, each of whom left behind loved ones. I urge the Department to honor these bonds by treating the families of gay and lesbian victims as you would any other. Sincerely, Individual Comment Watervliet, NY September 11 Email: Date The local time and date when the message was written. 2001-12-09 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 dojA001394.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. 2001-12-09 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 13, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Sacramento, 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 dojA001880.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, December 18, 2001 1:58 PM compensation for victims of September 11 Dear Kenneth Feinberg: We understand that you have a reputation for fair dealing in matters of compensation, particularly in complex matters such as the use of compensation funds for victims of the September 11 attack. We urge that your criteria not be biased against those with low income. In particular we suggest that there be a minimum package so that those with very low incomes prior to the disaster will not be both hurt and humiliated. We also urge that you not discriminate against gay and lesbian couples. Their unions may not be legally sanctioned, but they have moral and economic force for the persons who have entered into them. Thank you, and best wishes and blessings as you undertake this task. Individual Comment Cambridge MA 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 dojA002190.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. 9 January 2002 To our Elected Officials: In the immediate aftermath of the tragic attack of September 11th upon our nation, Congress enacted the Victims' Compensation Fund of 2001 P.L. 107-42, to compensate the relatives of the victims of that brutal attack. As you know, this Fund was enacted as part of a comprehensive package which bailed out the airlines industry and imposed restrictions on the rights of the victims' relatives to sue the airlines in court. We implore upon you, as our elected officials, to demand changes to the interim rules issued by Kenneth Feinberg, the Special Master. As it stands, Mr. Feinberg's self-imposed rules fail to satisfy the letter or the spirit of the legislation which was enacted. Specifically, we request that you act on our behalf and demand the following changes to the interim rules: 1. The arbitrary income limits imposed by the Special Master are not only unfair but also inconsistent with the letter and the spirit of the law. Those victims from the financial industry are specifically harmed by this limit. They were targeted and murdered precisely because of the jobs they held, and where they worked-the World Trade Center, the Financial Capital of the world, the embodiment of financial success. Those who achieved such success should see that reflected in their awards. They personified American Business and commerce, democracy and freedom. We ask that you demand that Mr. Feinberg lift the arbitrary income limits so that each family can be treated fairly, commensurate with the support they provided their families before their death. 2. Mr. Feinberg has arbitrarily restricted the non-economic awards for pain and suffering, no matter what the extent of the pain and suffering. This is unacceptable. In the words of Rep. Peter King, "...every death is tragic, A murder is particularly tragic. But to have your loved one murdered in a burning building in full view of the world - in a scene which will be repeated in the media for decades to come-is a horror these families will never escape from... The Special Master cannot take it upon himself to restrict the rights of the families." Therefore, we request that the interim rules be amended to more appropriately compensate the victims' families for the immeasurable pain and suffering endured by our loved ones. As Mayor Giuliani stated in his farewell address: "we have an obligation to the people who did die... Their families need to be protected just as if they had been alive, financially and every other way that we can help and assist their families...There should be no compromise about that ever..."We request that the interim rules be amended and redefined to the extent that income caps be removed when computing economic loss and that compensation for pain and suffering more accurately reflect that horror which was suffered. Justice demands no less. Sincerely, Individual Comment Bronx, New York September 11 Email: Date The local time and date when the message was written. 2002-02-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002563.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-02-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 3:11 PM provide fair treatment! December 19, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Morton Grove, IL September 11 Email: Date The local time and date when the message was written. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA003445.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, March 19, 2002 9:46 PM Potential Exclusion of Families I find it incomprensible that you are proposing to not guarantee to same sex partners & their dependents the same access to relief compensation that is going to all American citizens (and non-Americans and fetuses!) victimized by the horrible of events of Sept 11 . One of the few positive aspects of this crisis was to create a feeling of community. You are creating a wedge of divisiveness with your unfair policies. Shame on you. Individual Comment Palm Springs, CA 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 dojR002273.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. Thursday, November 08, 2001 2:39 PM Comments My husband of almost 16 years was killed on the 105th floor in the WTC North Tower. He was an employee of . I have several comments about what I have read about the 9/11 settlement fund. 1. If I am not mistaken, this law was set up to protect the airlines from going under. Why should the U.S. Government care if I sue the Taliban, or anyone else, who has nothing to do with the airlines even if I sign on to the settlement? 2. I believe that a set minimum amount of money should be received by the family of each victim who lost their life on 9/11/01. This set amount, which would be revealed to us in advance, would enable me to evaluate whether or not it makes economic sense for me to sign on to this settlement. On top of the set minimum, all other factors should be considered such as: economic earnings potential of the victim, pain and suffering, loss of companionship etc. From this amount, subtractions would be made. 3. Will Social Security benefits and/or Worker's Compensation be subtracted from the settlement amount? I do not believe these monies should be subtracted. 4. Is the settlement amount taxable? 5. I do not agree that life insurance should be subtracted from the settlement amount. Will my premiums be reimbursed if life insurance is subtracted? 6. Will charitable contributions be subtracted? Individual Comment East Brunswick, NJ September 11 Email: Date The local time and date when the message was written. 2001-11-08 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 dojW000260.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. 2001-11-08 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. January 10, 2002 VIA ELECTRONIC MAIL AND FEDERAL EXPRESS Mr. Kenneth L. Zwick Director, Office of Management Programs Civil Division United States Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530-0001 Re: September 11th Victim Compensation Fund 2001 Dear Mr. Zwick: The following are our comments with respect to the regulations promulgated by the Department of Justice on December 20, 2001 concerning the administration of the September 11th Victim Compensation Fund of 2001 (the "fund"). As will be demonstrated herein, the regulations, as presently written, are in direct contradiction and violation of the statute. The statute required that claimants receive compensation for economic and non-economic losses as specifically delineated in the statute. Simply put, the regulations are a betrayal to the families who have suffered enormously as a result of the tragic events of September 11th and they must be rewritten to conform to the statute. In addition, some of our comments are preliminary as we have requested in writing additional information from Kenneth R. Feinberg, Esq., Special Master to the Fund, concerning the formula and criteria used to calculate economic loss under the presumptive award guidelines. We have also requested that he provide us with the factors that were considered in determining the presumptive awards for non-economic loss. To date, we have not received a response to our inquiries. See letters dated December 27, 2001, January 4, 2002 and January 8, 2002 collectively attached as Exhibit "A". As will be set forth below, the regulations are in direct contradiction to the statute which created the Fund. Accordingly, they must be rewritten so as to promote the purpose and intent of the statute, which is to provide compensation for the economic and non-economic losses suffered by each claimant based upon the individual facts and circumstances of each claim. As currently written, the regulations group together different cases and award like amounts based simply upon minimal demographic information, i.e., age, earnings, marital status and number of dependents. The pre-determined and presumptive awards, by definition. do not account for the individual facts of each claim and, therefore, this approach must be discarded in favor of a process that will allow awards to be based upon the actual damages of the claimant without any pre-determined limits or caps. This approach is precisely what the statute calls for; the statute does not allow the Department of Justice and/or the Special Master to limit or cap awards. As such, the present regulations are contrary to the law. See Act, at Section 405 (b). The Act specifically defines the recoverable elements of economic and non-economic loss. Under the Act, economic loss is defined as: ANY PECUNIARY LOSS RESULTING FROM THE HARM; including, LOSS OF EARNINGS; or OTHER BENEFITS RELATING TO EMPLOYMENT; MEDICAL EXPENSE LOSS; LOSS DUE TO DEATH; BURIAL COSTS; and LOSS OF BUSINESS OR EMPLOYMENT OPPORTUNITIES; to the extent that the foregoing losses are allowed under applicable State law. See Act, at 402 (5). Nothing whatsoever in the Act allows the determination of economic loss to be limited to a pre-determined or presumptive amount. Moreover, no potentially applicable state allows for the calculation of economic loss to be based upon pre-determined, presumptive or "capped" income. Rather, the calculation of economic losses must be based upon the decedent's actual economic circumstances. Id. ECONOMIC LOSS As set forth above, the Act requires the Special Master to calculate the extent of the economic harm suffered by the claimant. Id. The parameters for economic harm are contained within the statute itself and leave no discretion to the Department of Justice and/or the Special Master to limit same in any fashion. See Act, at Section 402 (5). Had congress intended to impose a limit on economic loss, it would have simply said so in the Act. The regulations which address the calculation of economic loss violate the express terms of the Act in a number of respects. First, the regulations state that for purposes of the Special Master's analysis in determining economic loss, the maximum amount of yearly income that will be recognized for computation of an award are earnings up to but not beyond the 98th percentile of individual income in the United States for the year 2000 or $231,000.00.1 See 28 CFR Section 104.43. This limitation or "cap" on earnings has no support or justification within the Act. The statute does not permit economic losses to be limited in the manner prescribed in the regulations and, as such, the regulations contradict the statute. Moreover, the Department of Justice and/or the Special Master do not cite any authority from the statute to allow a limitation of annual earnings to this arbitrary and pre-determined figure, nor do they cite to any statute which permits an economic analysis to be limited in the manner set forth in the regulations. Accordingly, the regulations must be rewritten to allow for the recovery of full economic loss based upon the actual earnings of the decedent. Contrary to the statement published by the Special Master, the Determination of economic loss based upon actual earnings is not a theoretical analysis based upon mere speculation. Rather, it is an analysis done in courtrooms every day across this country and it is what is required when evaluating economic loss. Second, the regulations set forth pre-determined and presumptive awards for economic loss, but fail to set forth the manner in which the economic loss was calculated. For example, the regulations attempt to establish pre-determined awards based upon income, age, marital status and dependents. The economic loss calculations are purportedly based upon a number of economic criteria including gross earnings, retirement age, tax rate, reduction of the award to present value using an unknown discount rate, as well as a reduction of the award based upon the personal consumption of the decedent, yet no consumption rate is contained within the regulations. Also, the regulations are silent as to the manner in which each of the foregoing criteria were utilized in the calculation of the pre-determined and presumptive awards for economic losses. As previously indicated, my office has sent a number of letters to the Special Master requesting the precise manner in which a claimant's economic losses were calculated, including the formula and factors considered in this analysis. Regrettably, the Special Master has not yet responded to our inquiries and, as such, it is impossible to comment on the manner in which these figures were calculated. When, and if, we receive the requested information, we will provide additional comment. Moreover, the Act requires that the analysis for economic losses be determined by the individual circumstances of the claimant. The publication of pre-determined and presumptive guidelines, by definition, do not take into account the individual circumstances of a claimant. The career path of a particular claimant, average wage increases within that claimant's industry, average wage increases given by the claimant's employer, individual consumption rates, individual habits of savings, and the value of household services contributed by the decedent are all essential elements of any analysis. The generalized grouping together of cases based upon minimal demographic criteria is contrary to the statue. As a result, the pre-determined presumptive awards for economic losses to be calculated in each individual case based upon the facts of the claim. Third, the factors utilized by the Department of Justice and/or the Special Master take into account only "certain employer benefits (such as premiums for medical coverage paid by the employer)". See Presumed Economic and Non-Economic Loss Tables, II (A) at Step One, 28 CFR § 104. The regulations with respect to the calculation of economic loss apparently omit other elements of significant employee compensation such as pension benefits paid by the employer, contributions by the employer to retirement programs, stock option grants, etc. Contrary to the statute, the Department of Justice and/or the Special Master have simply omitted these significant elements of employee compensation from their pre-determined and presumptive calculation of economic loss. Therefore, the regulations must be rewritten so that economic losses include these significant elements of compensation. NON-ECONOMIC LOSS The Act defines the elements of non-economic loss as follows: LOSSES FOR PHYSICAL AND EMOTIONAL PAIN; SUFFERING INCONVENIENCE; PHYSICAL IMPAIRMENT; MENTAL ANGUISH; DISFIGUREMENT; LOSS OF ENJOYMENT OF LIFE; LOSS OF SOCIETY AND COMPANIONSHIP; LOSS OF CONSORTIUM (not domestic services); HEDONIC DAMAGES; INJURY TO REPUTATION, and ALL OTHER NON-PECUNIARY LOSSES OF ANY KIND OR NATURE. See Act, at § 402(7). As with economic losses, the Act does not limit or cap the recovery of non-economic losses to a pre-determined or presumptive amount. Instead, the Act required that the award for such losses shall be based upon the individual circumstances of the claimant, the facts of the claim and the harm to the claimant. See Act, at Sec. 405 (b). As set forth above, pursuant to the terms of the Act, the Special Master is required to make an award for all elements of non-economic losses. Nothing in the statute allows the Special Master to place a pre-determined amount upon any of these statutorily prescribed elements of recovery. Contrary to the express language of the statute, however, the regulations impose a pre- determined, presumptive and arbitrary value upon non-economic losses, i.e., $250,000 for the pre-death pain and suffering of the decedent, and the spouse and dependents of the decedent shall each receive the total sum of $50,000 in compensation for their above describes losses. See 28 CFR § 104.44. This approach to the valuation of non-economic losses, however, is nothing more than an arbitrary and capricious determination of the value of non-economic losses suffered by each family. Moreover, these arbitrary valuations have been decided upon without the Special Master hearing any evidence whatsoever with respect to a particular claim. The statute sets forth various components of non-economic loss as well as allow recovery for all aspects of non-pecuniary loss of any kind whatsoever. Congress did not limit the non- economic recovery as is contained in the regulations. Rather, with respect to the determination of compensation, Congress specifically mandated that the Special Master "shall review a claim.. and determine.. the extent of the harm to the claimant, including any economic and non-economic losses". See Act, at § 405 (b)(emphasis added). Accordingly, the regulations must be rewritten to allow for non-economic losses to be based upon the individual circumstances of each claim. The regulations' reliance upon pre- determined awards for this aspect of recovery must be eliminated and the Special Master and/or an impartial hearing officer must be required to make awards based upon the specific facts of the claim. BURDEN OF PROOF As set forth in detail above, the regulations must be rewritten and the pre-determined presumptive award guidelines eliminated in favor of a system which is mandated by the statute, i.e., a determination based upon the individual facts and circumstances of each claim. As written, the regulations require that for the claimant to be successful in obtaining an award in excess of the pre-determined presumptive guidelines, he or she must demonstrate "extraordinary circumstances not adequately addressed by the presumptive award methodology," See 28 CFR Sec. 104.31(b)(2) and 28 CFR Sec. 104.33(f)(2) (emphasis added). Simply put, placing this burden upon the claimant is an utter abuse of discretion. There is no justification for this action contained in the Act and the Department of Justice's and/or the Special Master's reliance upon a claimant's showing of "extraordinary circumstances" is contrary to the direct mandate of the legislation. Moreover, the Department of Justice and/or the Special Master do not cite any statutory authority for their determination that a showing of extraordinary circumstances is necessary to obtain an award in excess of the arbitrarily pre-determined and presumptive award guidelines. Rather, they have determined that in their view, "absent extraordinary circumstances, awards in excess of $3,000,000 Dollars will rarely be appropriate in light of the individual needs and resources." See 28 CFR Sec. 104, at Statement by the Special Master (emphasis added). Contrary to the express language and mandate of the statute, the Department of Justice and the Special Master have exceeded the breadth and scope of their authority and have pre- determined that no award, prior to collateral offset, should exceed $3,000,000. This limitation has no support other than the subjective, arbitrary and capricious determination of the Department of Justice and/or the Special Master. Had Congress intended for awards not to exceed a certain sum, it simply would have said so in the Act. Moreover, nowhere in the Act does Congress state that awards should be based upon any limiting factor. Rather, the statute requires that the recovery reflect the economic and non-economic harm suffered by the claimant. Accordingly, the requirement of "extraordinary circumstances" must be stricken from the regulations. PROCESSING OF CLAIMS The regulations propose two separate tracks in which to process claims. See 28 CFR Sec. 104.31. We propose that when rewritten, the regulations add an additional track identified as "Track C". Under Track C, claimants will have the ability to submit their individual information to an independent non-political evaluator who will conduct a hearing and issue an advisory award concerning the claim. Under this scenario, the claimant will not waive any right whatsoever upon submission of the claim under Track C. This procedure conforms to the statute in that under Track C claims, the claimants will not receive an actual reward, but, rather, he or she will receive an advisory opinion as to the valuation of the claim. With respect to the hearing officers utilized to process claims under Track C, we propose that they be retired judges who are well experienced in evaluating claims of this nature. My office contacted , Vice President of located at . advised that will make available at least 100 retired judges to evaluate claims under "Track C". She further advised that would reduce their rates in light of the unique and tragic circumstances surrounding this matter. Budgetary constraints are not an issue with respect to the hiring of hearing officers as the statute specifically mandates that the Special Master has authority to hire and employ these types of hearing officers. See Act, at 404 and 406. After the issuance of an advisory award under Tack C, the claimant and the Special Master shall have ten (10) days from the date of the award to accept, reject or negotiate same. If the advisory award is accepted by both the Special Master and the claimant, the advisory award will be deemed the final award as if a claim had been submitted to the Fund. In accordance with the statute, the claimant shall then receive payment within twenty days of the award's acceptance. Should either party reject the award, the claimant shall have the ability to either file a civil lawsuit seeking damages or submit a claim under Tracks A or B. HEARING The Act states, inter alia, that each claimant shall have the right to present evidence, including the presentation of witnesses and documents, in order to establish a claim under the Fund. Act at Sec. 405(b)(4). The statute does not limit the hearing in any manner whatsoever. Contrary to the mandate of the statue, the Department of Justice and the Special Master have pre-determined that the length of the hearing shall be limited in length generally not to exceed two hours. See 14 CFR Sec. 104.33. This pre-determined hearing limit of two hours is in contravention to the express language and mandate of the statute in that this limited time will not provide the claimant with his or her due process right to present evidence as set forth in the Act. See Act, at Sec. 405 (b)(4). The ability to present evidence and testimony at a hearing becomes even more critical in light of the Department Of Justice's and /or the Special Master's requirement that a claimant establish "extraordinary circumstances" to justify a higher recovery than set forth in the presumptive guidelines. Given the tremendous burden imposed upon the claimant, it will be necessary to present as much testimony and evidence as possible in order to establish "extraordinary circumstances" to justify a recovery that differs from the presumptive guidelines. This arbitrary time limit imposed by the Department of Justice and/or the Special Master is nothing more than an attempt to curtail the claimant's ability to present such evidence and, therefore, will have the effect of limiting awards under the Fund. Had Congress intended for the hearing to be limited to a specific time, it would have set forth this time period in the Act. Moreover, the effect of this arbitrary limitation on the length of the hearing is contrary to the intent and purpose of the statute which is to provide recovery for the economic and non-economic losses suffered by the claimant. Accordingly, the two hour time limit must be discarded and the claimant be allowed as much time as necessary to present the claim. RECORD OF HEARING In all likelihood, the hearing will be conducted by a hearing officer instead of the Special Master. As such, the hearing should be recorded and the hearing officer should be required to make a written determination of the award, including identifying and detailing the information relied upon by the hearing officer in making his or her determination. If the claimant feels that the award is inappropriate for any reason whatsoever, the claimant should then have a right to file an appeal with the Special Master and the Special Master shall then be required to review the award as well as the facts considered by the hearing officer in making the award. In this fashion, since the hearing will be recorded, a claimant who chooses to appeal such a determination to the Special Master will have a basis to do so. The regulations also state that the Special Master has the right to publish some or all of the awards. See 28 CFR Sec.104.34. The regulations must require that each award along with the specific demographics of the decedent, i.e., age, marital status, number of children and dependents, earnings, occupation, etc.. be published to insure that all claimants are being treated fairly and that no "side deals" are agreed to between parties. DISTRIBUTION OF AWARD The regulations require that the Personal Representative distribute the award consistent with the law of the decedent's domicile. Notwithstanding this provision, the Special Master has the right to require the Personal Representative to distribute the award pursuant to his directive if he determines that the proposed plan for distribution does not adequately compensate the spouse, children and/or other relatives. See CFR Sec. 104.52. The statute, however, was intended to compensate relatives of a deceased individual. See Act, at Sec. 403. Since the Fund was created to provide compensation to the relatives of a decedent, the Special Master should identify in his award the specific awards for each individual eligible to share in the recovery. In this way, the Personal Representative will not have the ability and/or authority to distribute the award. Rather, the Special Master shall compensate each individual deemed eligible for the specific economic and non-economic losses that each has suffered. Certainly, each individual relative eligible to share in the award suffered different economic and non-economic damages as a result of the decedent's death. Since the Fund was established to compensate these individuals, this decision should be left to the Special Master as to the damages that each eligible individual suffered based upon the facts and circumstances of the claim. ADDITIONAL MATTERS The regulations define dependency as the spouse of the decedent and/or someone who was claimed as a dependent upon the deceased individual's 2000 federal tax return, and any child born after January 1, 2001, as well as any individual who became a legal dependent of the decedent after January 1, 2001. We believe, however, that the term dependency should not be limited to those individuals identified on the tax return, but rather, should include anyone who was financially or emotionally dependent upon the decedent. With respect to collateral sources, although the regulations state that charitable donations shall not be considered collateral sources, Special Master Feinberg has the discretion to deem private charitable payments as collateral source offsets and as such, deductions from the award. See 28 CFR Sec. 104.47(b)(2). The regulations must specifically state that all charitable payments of any kind whatsoever are not to be deemed collateral source offsets. Special Master Feinberg should not be given the discretion to determine what is in fact a charitable contribution. It is generally accepted that "collateral source" refers to contractual payments made to a claimant which compensate for economic losses. The regulations should make it clear that there shall be no collateral source deduction for payments made to the victims and/or their families outside of a contractual agreement, including, private gifts, to the victim and/or surviving family members. Lastly, under the compensation plan envisioned by the Department of Justice and/or the Special Master, it is possible for claimants who submit claims under the Fund to receive absolutely nothing. This result is more than likely for those claimants whose loved ones had the forethought to obtain life insurance policies and who have received other significant collateral source payments. The regulations should specifically set forth a minimum payment that each claimant will receive from the Fund regardless of the collateral source offsets. Certainly, the Act intended to compensate each claimant who files a claim under the Fund. Accordingly, the Act's essential purpose would not be met if a claimant was entitled to receive nothing from the Fund. Establishing a minimum award would be in the best interests of all claimants and would provide each claimant with the security of some type of recovery from the Fund. As aforementioned, it is our intention to submit additional comments once we receive responses to our repeated inquiries to the Special Master concerning the calculation of economic and non-economic losses. Very truly yours, Comment By: BAUMEISTER & SAMUELS, P.C. NEW YORK, NY MFB:cm Enclosures _____________________________________________ 1 In the presumptive award guidelines attached to the regulations, the Department of Justice and/or the Special Master state that the 98th percentile of individual income in the United States for the year 2000 equaled $231,000. December 27,2001 VIA TELECOPIER AND FEDERAL EXPRESS Kenneth R. Feinberg, Esq. The Feinberg Group, LLP New York, New York Re: September 11th Victim Compensation Fund of 2001 Dear Mr. Feinberg: I hope that you are enjoying a happy and health holiday season! I have reviewed the interim final rules that have been published concerning the administration of the September 11th Victim Compensation Fund of 2001 (the "Fund"). We are presently working on our comments to the regulations. However, in order to properly respond, certain information with respect to the presumptive calculations of economic loss are unfortunately not identified in the regulations or in the presumed loss tables. Accordingly, would you be so kind as to provide us with all of the parameters and factors utilized in the calculations of presumed economic loss, including retirement age, tax rate, actual discount value for the reduction of the award to present value as well as the consumption factor rate. Since our comments are due by January 20,2002, I would appreciate receiving this information immediately so that we can properly comment on the regulations. Thank you in advance for your courtesy and cooperation in this regard. Very truly yours, Comment by: BAUMEISTER & SAMUELS, P.C. MFB:cm cc: Kenneth R. Feinberg, Esq. The Feinberg Group, LLP Washington D.C. January 4, 2002 VIA TELECOPIER Kenneth R. Feinberg, Esq. The Feinberg Group, LLP New York, New York Re: September 11th Victim Compensation Fund of 2001 Dear Mr. Feinberg: I am writing in follow up to my telephone conversation with of your office with respect to the issues that we have raised concerning the Fund. Under the statute, there is no doubt that Congress did not place any limit or cap on the amount of recovery available to a claimant who files a claim with the Fund. Congress specifically mandated that a claimant's recovery shall include all economic and non-economic losses as defined within the statute. The regulations promulgated on December 20, 2001, however, are in direct contradiction to the statute in a number of respects. While I will not include an exhaustive list, there is no doubt that the "interim final rules" limit economic analysis in that the regulations and accompanying charts indicate that income only up to the 98th percentile of individuals wage earners in the United States for the year 2000 will be considered. There is no support whatsoever for this limitation in the statute. Also, the regulations set forth a pre-determined award for non-economic loss. This too is in contradiction to the statute which requires the harm to be determined on an individualized basis and upon individual facts. again informed me that there is no cap under the statute and that calculation of economic loss would not be limited to annual earnings of $231,000. Would you be so kind as to provide a detailed written explanation of 's statement and confirm that there will not be any limit or cap on economic losses, that the pre-determined non-economic losses as set forth in the regulations will be eliminated and that each claimant will receive full economic and non- economic losses based upon their individual facts and circumstances. The reason we need this in writing is because the regulations and your accompanying statement shift the burden of proof onto the claimant requiring the claimant to demonstrate "extraordinary circumstances" to obtain an award different than what is contained in the per- determined presumptive guidelines. Similar to the limitations that you and the Department of Justice have placed on economic and non-economic loss, requiring the claimant to meet this artificial burden is arbitrary, capricious, an abuse of discretion and/or otherwise not in accordance with the statute that created the Fund. In the event that the "final" regulations do not eliminate this arbitrary standard, could you kindly confirm what is meant by "extraordinary circumstances" as well as your statement contained in the regulations that "[i]t is our view that, absent extraordinary circumstances, awards in excess of $3,000,000 Dollars will rarely be appropriate in light of individual needs and resources." You can certainly understand how this statement has led many of my clients to believe that contrary to the statute, you have in fact placed a limit on their recovery. Thank you in advance for your courtesy and cooperation this regard. Very truly yours, Comment by: BAUMEISTER & SAMUELS, P.C. DAL:cm cc: Washington, D.C. office January 4, 2002 VIA TELECOPIER Kenneth R. Feinberg, Esq. The Feinberg Group, LLP New York, New York Re: September 11th Victim Compensation Fund of 2001 Dear Mr. Feinberg: Thank you for having of your office contact me concerning our inquiries with respect to the September 11 Victim Compensation Fund of 2001. She also relayed to me your message that we should receive an answer to our letter of December 27, 2001 sometime next week that there would be no limit or cap under the Fund and that the economic analysis will include annual income in excess of $231,000 per annum. As you can imagine, however, a number of our clients are deeply troubled by the interim final rules relating to the administration of the Fund, including, the limit on the calculation of economic loss as contained in the regulations. As I discussed with , I continue to receive calls from a number of our clients. Would you be so kind as to contact me as soon as you are able so that I can discuss with you your statement that there will be no limit or cap with respect to the recovery under the Fund. After speaking with you, I will then be in a position to answer my clients' inquiries concerning this matter. Thank you in advance for your courtesy and cooperation in this regard. Very truly yours, Comment by: BAUMEISTER & SAMUELS, P.C. DAL:cm cc: Washington, D.C. office January 8, 2002 VIA TELECOPIER Kenneth R. Feinberg, Esq. The Feinberg Group, LLP New York, New York Re: September 11th Victim Compensation Fund of 2001 Dear Mr. Feinberg: I am writing in follow up to the various letters that I and my partner, , sent to you last week. In this regard, in my letter dated December 27, 2001, we requested the specific economic criteria utilized in the presumptive award guidelines including retirement age, tax rate, discount value, consumption rate, the value placed upon all employer benefits, including, pension benefits, stock option awards, profit sharing, employer match to 401 K programs, etc. We are also in need of all factors utilized to establish the presumptive awards for non-economic loss. We need this information immediately in order to properly submit comments to the regulations in addition to the comments that we have previously made. Furthermore, in follow up to my partner's letters dated January 4, 2002, of your office made certain representations concerning the Fund, specifically that there would be no limit or caps and that the economic analysis would include actual earnings and not be limited to earnings up to the 98th percentile of individual wage earners in the year 2000. We requested that this be put in writing so that we can share this information with our clients. We would appreciate if you could respond as soon as possible as our clients are becoming more and more upset with the regulations. Thank you in advance for your prompt attention to these matters. Very truly yours, Comment by: BAUMEISTER & SAMUELS, P.C. MFB:cm cc: Washington, D.C. office September 11 Email: Date The local time and date when the message was written. 2002-01-10 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 dojN002581.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. 2002-01-10 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 13, 2001 3:07 PM Administration of the 9/11 Victim's Fund December 13, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately, both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Emeryville, 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 dojA001563.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Sunday, December 02, 2001 9:12 PM Victim Compensation Dear Mr. Zwick, We urge you to include among relatives eligible for compensation for terrorist attacks those who lost their life partners or de facto parents or children, regardless of sexual orientation or marital status. Thank you. Individual Comment Walnut Creek, CA September 11 Email: Date The local time and date when the message was written. 2001-12-02 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 dojA000262.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. 2001-12-02 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, March 13, 2002 8:52 AM Gay and lebian compensation I think ALL "long-term companions" or "common-law" partners of 9-11 victims should be compensated. Especially since most of society prevents a legal union for gays and lesbians, an easily verifiable relationship of long standing ought to be recognized. Individual Comment Jersey City, NJ September 11 Email: Date The local time and date when the message was written. 2002-03-13 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 dojR000581.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. 2002-03-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 05, 2001 9:18 PM Ensure Compensation to ALL Victims' Families!! Dear Mr. Zwick: I am writing in response to the Department's request for public comments regarding the forthcoming regulations for implementing and administering the "September 11 Victim Compensation Fund." I strongly urge the Department to draft regulations that ensure compensation is available to all victims of the attack, including the committed partners and the non-biological children of gay and lesbian victims. It is unquestionable that the devastating grief and economic losses suffered by the families of gay and lesbian victims are no less than that of other families. Just as the terrorists drew no lines in choosing their victims, our country must draw no lines in compensating those who suffered the most personal of losses from these horrific attacks. Many Americans lost their lives on September 11, each of whom left behind loved ones. I urge the Department to honor these bonds by treating the families of gay and lesbian victims as you would any other. Sincerely, Individual Comment Columbia, MD September 11 Email: Date The local time and date when the message was written. 2001-12-05 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA001045.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-05 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 13, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately, both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Springfield, OR 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 dojA004179.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