144 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. Sunday, March 17, 2002 7:58 AM 9/11 victim compensation I am outraged by the proposed 9/11 victim compensation scheme.   It is unamerican to discriminate, yet the proposed 9/11 victim compensation scheme does exactly that.   For example, under the proposed scheme, , a man who lived his life ministering to others, a man who died administering last rites to a fallen firefighter, would have his life valued and compensated less then a fetus.   For example, , an American hero who gave his life thawarting the hijackers plans to turn the plan he was on into a weapon, would have his life valued less then an illegal immigrant.   I could go on with additional examples, but the point is it is an outrage for the US government to porpose a 9/11 victim compensation scheme that discriminates.   Individual Comment North Fair Lawn, NJ 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 dojR001348.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. Wednesday, December 19, 2001 4:27 PM Equal access to benefits December 19, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Houston, TX 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 dojA003535.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. Wednesday, January 16, 2002 11:06 AM Comments for Interim Final Rule Dear Mr. Feinberg: As the son of World Trade Center Victim , I would like to make my objections to the program very clear. Because of the misrepresentations and media spin, both the purpose of the fund and its potential payout has been incorrectly stated in just about every source. First, the Airline Bailout Bill was not passed by Congress to provide for the families of the victims. It was created primarily to protect the airlines from litigation. The provision of the bill that includes the fund was included as an incentive for families to accept a settlement and not sue the airlines. Any award that is given to a family is money that the Airline would have had to pay. This is another gift to the Airlines. Nobody would benefit from bankrupt airlines, but to give all this support to the airlines at the expense of the victims' families would be inappropriate and unjust. In short, this money is from the government on behalf of the Airlines. Many have represented the fund as an act of charity to the families. That is not the case. The program should provide the incentive for which it was created. Congress had the right intention; the current formula ignores this intention. Further, these "awards" will not actually be the amount that is paid to the families. If the deceased victim made any sort of plans for his or her family, he will not receive much at all from this fund. If someone paid life insurance premiums for his entire life, the family will be penalized for his planning. If, instead, someone decided to invest this money rather than buy life insurance, the investment will not be subtracted from any settlement award. The fund discriminates on the basis of their investment choices. If life insurance and pension benefits were not counted against the settlement, then the fund would actually provide an incentive to avoid the courtroom. The rules should be changed and changed quickly. Right now, those less fortunate may be forced into signing because of financial need. Protecting the transportation system is necessary, but not at the expense of the families of the victims. If this tragedy had involved three people instead of 300, then each family would be looking at settlements from the airlines' insurance companies. Just because this event was of such a large scope, the loss of a loved one is not any easier. If the rules are not changed, then many people will be encouraged to take this matter to court. If we are trying to avoid lengthy court battles, then make the settlement more equitable. Sincerely, Individual Comment son of victim Charlotte, North Carolina September 11 Email: Date The local time and date when the message was written. 2002-01-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN001883.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. 2002-01-16 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Friday, December 21, 2001 9:33 AM Equal December 21, 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 Baltimore, MD September 11 Email: Date The local time and date when the message was written. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000382.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. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, December 04, 2001 5:40 PM Must include Lesbians & Gays!!! Please, the compensation fund must include lesbians & gays. We pay taxes like everyone else and we have as much right to this as everyone else!!! Thank you. Individual Comment West Hollywood, Ca. September 11 Email: Date The local time and date when the message was written. 2001-12-04 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 dojA000412.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. 2001-12-04 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. December 30, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 December 30, 2001 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the September 11th tragedy, including the children and families of gay and lesbian Americans who perished. That you recognize the sanctity and legitimacy of gay and lesbian relationships and families as you make these crucial decisions is imperative. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is largely unavailable, these families often find themselves in the traumatic predicament of having to prove the legitimacy of their union. Both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. Our United States Department of Justice must follow suit. As an American, I ask you to keep in mind the gay and lesbian citizen who serve heroically as police, firefighters, soldiers, medical personnel and in other critical occupations. We also must keep in mind the gay and lesbian Americans who donated to the compensation fund trusting that their gift would be distributed without prejudice. It would be unconscionable to dispense their monies while denying the legitimacy, worth and humanity of other gay and lesbian Americans. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Lakeville, MA September 11 Email: Date The local time and date when the message was written. 2001-12-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002568.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-30 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Sunday, March 17, 2002 1:00 AM A Hero Is A Hero After having read the story that domestic partners of gay and lesbian survivors in the 9-11 tragedy would not receive the same consideration as those of their heterosexual contemporaries, I must say that it sickens me to know that such discrimination STILL continues. Gay, straight, black, white, protestant, jew...GET OVER IT. People are people. A loss is a loss. And it is only fair that everyone be treated equally during these trying times. Instead of trying to find MORE ways to segregate the human race, we should try to Unite. I also believe we are doing the correct thing by retaliating, but we shouldn't retaliate against our own. Get over this narcissitic attitude that it's either "your way or the highway." A loving, gay patriot - with a domestic partner of 12 years (This has lasted longer than both of my sisters straight marriages and my brother's) 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 dojR001311.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. Thursday, December 27, 2001 10:42 AM Protect Traditional Marriage Mr. Kenneth Zwick Office of Management Programs Department of Justice Washington. DC Dear Mr. Zwick: I want to express my opposition to any effort by the federal government to provide 9-11 victim compensation funds to "domestic partners" of unmarried survivors of the terrorist attack upon our nation. Funds disbursed through the September 11th Victim Compensation Fund of 2001 should only go to the surviving family members of those who died on 9-11. Funds must go to the widows, widowers, orphans, and other blood-related or adopted members of the family--not to unmarried sexual partners of those who died. To provide funds to "domestic partners" is to undermine the traditional definition of marriage and family to include any number of sexual liaisons between same-sex or opposite-sex unmarried couples. Many homosexuals and swinging heterosexuals, for example, engage in sex with multiple partners. Do we provide funds to each of the sexual partners? Where do we draw the line on how many "domestic partners" a person may have?Homosexual activists are exploiting the 9-11 tragedy by asking the federal government to redefine what constitutes a legitimate "family" under the law. In fact, homosexual activist &nbsp&nbsp&nbsp&nbsp , writing in Out magazine has openly called for the subversion of the concept of marriage between a man and a woman. He has urged homosexuals to fight for the legalization of homosexual marriages and once legalized to "redefine the institution of marriage completely . . . . to debunk a myth and radically alter an archaic institution. . . . The most subversive action lesbians and gays can under take--and one that would perhaps benefit all of society--is to transform the notion of 'family' entirely." If the DOJ provides funds to "domestic partners," it will be helping &nbsp&nbsp&nbsp&nbsp accomplish his goal: That of redefining marriage and altering what he calls an "archaic institution." We also oppose September 11th Funds going to the estates of the deceased instead of to their surviving family members. No one can know for certain where these funds will end up if they are deposited in the estate of a person who has died. The person may have willed his estate to a terrorist, racial hate group, or even to an organization like the North American Man-Boy Love Association. No one will know unless each person's will is examined by a DOJ lawyer. The money should go to the surviving family members of the deceased, not to the estate or to the surviving "domestic partner." Individual Comment Nutley, NJ September 11 Email: Date The local time and date when the message was written. 2001-12-27 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN001000.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. 2001-12-27 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 14, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately, both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Santa Rosa,CA September 11 Email: Date The local time and date when the message was written. 2001-12-14 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA004561.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-14 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, March 18, 2002 9:13 AM Shame on you! Discrimation of benefits to gays? Shame on us and our politians for their bias! EVERY American should be treated exactly alike, regardless of race, sex, or sexual orientation. Lets's all leave our prejudices behind us once and for all. I challenge you to issue an apology to the gay heroes and their families out there (firefighters, policemen, preachers, and the soccer player, who said "let's roll" and helped bring down the aircraft into a field, instead of a government building) who have been insulted by this latest display of hatred by our officials. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR001650.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Friday, December 21, 2001 6:54 AM Help all victims of terrorist attack Dear Mr. Zwick: The very humane Fund for relatives of victims of the September 11 terrorist attacks must include all relatives of all the victims. This importantly should include the partners and children of same sex unions. They suffer just as grievously for their deceased loved ones as do other survivors, and their need for assistance is just as great. Please do not give in to the importuning of callous homophobic groups and individuals who would have the Department of Justice limit compensation to survivors of heterosexual unions. They are interested in a political victory, not humane assistance. This Fund is intended for humane purposes; it is not a political statement, Mr. Zwick. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000329.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. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, March 20, 2002 10:08 PM Outrage! Mr. Zwick, Please reconsider the decision to treat gay partners differently when giving out the 9/11 compensation. Gay or straight, both have suffered the loss of a loved one(s) at the hands of diabolical people. An outpouring of generosity and love are desperately needed. The money that was given to the fund was given from the heart of our people and they didn't want their meaningful contributions to be hampered by bureaucratic nonsense. I know that you would not want to harm or cause any more pain to those directly affected by the 9/11 Attack. So, do the right thing. Behave as humanely as a person should in a situation such as this. Be fair. Rise above the politics. Pay the victims equally, as the givers had intended and let God decide the rest. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR002442.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, March 12, 2002 11:11 PM 9/11 Fund Screws Gays - IS THIS TRUE? I just read that gays and lesbians are gonna get shafted again in the disbursement of the September 11 funds for the survivors of the victims. *I* contributed to that fund, and *I* am gay. If it's not true, clear it up now. If it is, HOW DARE YOU?!? You wanna continue to play these ignorant games? Then you can return the monies that I donated. And you can return the monies that all the other gay Americans and families of gay Americans contributed. We'll use that money to take care of our own. After all this terrible incident has done to bring this country into greater cohesiveness than it has been in a long time, how DARE YOU do something like this to disrupt that cohesiveness. Do what's RIGHT, do what the people that allow you to be in office, *WE* the people of the United States of America want done. Do it NOW. *MY* vote counts, and my friends' and families' votes count too. Do what is RIGHT or we will see to it that you get voted OUT of office. Most Sincerely, Individual Comment Westminster, CO September 11 Email: Date The local time and date when the message was written. 2002-03-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000540.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-12 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, March 13, 2002 6:21 PM 9/11 Mr. Feinberg and cohorts, I am an upstanding American citizen, heterosexual and professional. My father was half Cherokee and half Irish. His foremost ethnicity qualifies him, and therefore me, to be considered the TRUEST American. I am appalled at your declaration denying benefits from the 9/11 fund to those of homosexual preference. Please stop making derisive decisions! To hell with the individual state laws. This is not an intra-state issue, it is a nationwide issue. You should be ashamed to make public incidence of any action that divides or excepts people on such a prejudicial ground! This is a time when our nation needs to pull together and become one people, no exceptions. Forget the state laws. This is an issue of the whole nation, treat these people fairly. I wonder why you have made such an unfair decision, are you homophobic? or do you plan to keep the money that should go to these people for yourself? You should be ashamed of yourself, How did a bigot like you ever come to administer anything more than your personal bank account? Power in the hands of people like you is a stinking infection in this country. You make me ashamed to be an American. Individual Comment 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 dojR000681.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 19, 2001 9:46 PM Equal Access for Crisis Relief to Gay and Lesbian Partners! 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 Madison, WI 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 dojA003844.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, January 15, 2002 8:20 PM Justice help all terrorist victims Dear Mr. Zwick: The very humane Fund for relatives of victims of the September 11 terrorist attacks must include all relatives of all the victims. This importantly should include the partners and children of same sex unions. They suffer just as grievously for their deceased loved ones as do other survivors, and their need for assistance is just as great. Please do not give in to the importuning of callous homophobic groups and individuals who would have the Department of Justice limit compensation to survivors of heterosexual unions. They are interested in a political victory, not humane assistance. This Fund is intended for humane purposes; it is not a political statement, Mr. Zwick. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-01-15 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN001696.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. 2002-01-15 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. January 24, 2002 VIA FACSIMILE (301-519-5956) Kenneth L. Zwick Office of Management Programs U.S. Department of Justice Civil Division Main Building, Room 3140 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Re: September 11th Victim Compensation Fund of 2001 The Association of the Bar of the City of New York submits these comments in response to the Request for Public Comment, published on December 20,2001, relating to the Interim Final Rule implementing the September 11th Victim Compensation Fund of 2001. The comments presented below are informed by the general approach and policy set forth in the Statement by the Special Master, which accompanied publication of the Interim Final Rule. In their statement, the Special Master has set forth the two objectives embodied in the Interim Final Rule: "(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 the unnecessary bureaucracy and needless demands on the victims," Statement, p. 2. We concur with these objectives, and our comments on the Interim Final Rule are intended to further their purpose. I. Claimant Eligibility A. The Need For Predictability In his Statement, the Special Master has emphasized the importance "that claimants be able to enter the program- or choose not to enter the program--with an understanding of how their claims will be treated. This is especially important because the Act provides that, upon submission of a claim, a claimant waives the right to file a civil action for damages sustained as a result of the September 11 attacks," Statement, p. 9. This Statement recognizes that claimants must be able to assess with certainty their eligibility in order to make an informed election between participating in the Fund or pursuing litigation. They should not be put in a position of waiving their rights to sue, only later to be told they were not eligible to receive an award from the Fund. Certain procedures established by the Interim Final Rules should be clarified to avoid this potential unfairness in determining eligibility. First, Interim Final Rule 104.21(a) should specify that a claim is not deemed submitted, thereby waiving litigation rights, until it is determined that the claimant is eligible, and not merely when it is determined that "the Eligibility Form is substantially complete..." Second, as drafted Interim Final Rule 104.52 ("Distribution of Awards to Decedent's Beneficiaries") would seem to authorize the Special Master to reverse a prior finding of eligibility at the conclusion of the proceeding before him, also an unfair result unless the claimant's right to sue is preserved. This Rule states than, "[n]otwithstanding any other provision of these regulations or any other provision of state law, in the event the Special Master concludes that the Personal Representative's plan for distribution does not appropriately compensate the victim's spouse, children, or other relatives, the Special Master Representative of the decedent or as the executor or administrator of the decedent's will or estate." Inter Final Rule 104.4(a)(1). There may be some situations, such as where all of a deceased victim's property is held in joint names with a survivor, where, but for the need to apply for an award under the Act, it would not be necessary for the victim's estate to apply to a court for the appointment of a personal representative. Similarly, if the deceased victim was a domiciliary of a civil law jurisdiction, the appointment of a personal representative may not be required. In such situations, if the Special Master is satisfied that all of the beneficiaries who would share in an award under the law applicable to the disposition of the victim's estate are adult and competent, the regulation should provide for the Special Master to recognize as the personal representative the person designated in writing by all of such adult competent beneficiaries. An application for recognition under such provision should be made under oath and require (a) representations (i) that the deceased victim left no will, (ii) that specified persons are the persons who would be entitled to share in an award under the law applicable to the administration of the victim's estate (iii) that all of the victim's creditors have either been paid or that their payment has been provided for, and (iv) that all beneficiaries have consented to the proposed distribution plan and to the designation of the personal representative, (b) a family tree of the victim sufficient to identify the lineage of the persons who would be entitled to share in an award and (c) a proposed plan for the distribution of the award. The personal representative receiving an award pursuant to this provision should be required to acknowledge that it was received in a fiduciary capacity to be distributed pursuant to the plan and that distribution other than pursuant to the plan will subject the personal representative to criminal prosecution for conversion of U.S. Government funds. may feel that they have no choice but to apply for this advance payment, regardless of whether that decision would best serve their long-term interests. As a result, this program may be coercive to the most vulnerable segment of the population - the very segment that it was designed to assist. We recommend that claimants in need of immediate financial relief should have the opportunity to complete an "undertaking" to repay the funds and to rescind their waiver during the period in which the Fund is active. We recognize that some claimants may not have the resources to make this repayment, but we believe that the risk of nonpayment is a small cost to absorb in order to relieve the potentially coercive nature of this provision. In sum, we recommend that claimants who are found to be ineligible to participate in the Fund, or whose awards are disallowed by the Special Master's distribution plan, should not be deemed to have waived their right to litigate. We suggest that the regulations permit claimants to retain their rights to sue (1) the Special Master determines them to be ineligible to participate in the Fund, or (2) they do not receive an award under the distribution plan approved by the Special Master, or (3) they repay any advance award and rescind their litigation waivers. B. "Physical Harm" and "Immediate Aftermath" We take issue with the Interim Final Rule's artificially restrictive definition of eligible claimants who have suffered "physical harm" as a direct result of the terrorist-related airplane crashes. The Interim Final Rule narrowly defines the term "physical harm" to mean "a physical injury to the body that was treated by a medical professional within 24 hours of the injury having been sustained or within 24 hours of rescue; and (i) [r]equired hospitalization as an in-patient for a least 24 hours; or (ii) [c]aused, either, temporarily or permanently, partial or total physical disability, incapacity or disfigurement." Interim Final Rule 104.2(c). In addition, the Interim Final Rule requires that "the physical injury must be verified by contemporaneous medical records created by or at the direction of the medical professional who provided the medical care" within that initial 24-hour period. Interim Final Rule 104.2(c)(2). This 24-hour restriction unfairly denied eligibility to those who suffered physical injury as a direct result of the September 11 attacks, but who did not seek immediate treatment within 24 hours, or who were treated at triage centers that did not maintain contemporaneous medical records. As written, the arbitrarily rigid Interim Final Rule would disallow the claim of someone who sought medical treatment 25 hours after the crashes, or who was treated at a site where no medical records were created. Persons who the Special Master finds have sustained physical injury, such as respiratory illness, as a direct result of the terrorist attacks should be eligible for an award from the Fund, even if they did not seek medical treatment in the first 24 hours after the attacks, or their injury did not manifest itself during those first 24 hours. With respect to manifestation, awards should be available to compensate for injuries which manifested themselves by the date when the claimant completes his or her application seeking an award from the Fund. this is fully consistent with the Statement by the Special Master in which he clearly inferred that the Fund should compensate for latent harm that "fully manifest[s] itself within the statutory time period for this Fund." (Statement, p. 6). The Special Master also should permit claims for physical injury based upon any competent evidence submitted by the claimant tending to prove that his or her injury was the direct result of the terrorist-related airplane crashes. Such evidence may include contemporaneous medical records, but it should not be limited to those records only. The Interim Final Rule's definition of the term "immediate aftermath" as applied to rescue workers, namely "the period form the crashes until 96 hours after the crashes" (104.2(b)), is also unreasonably narrow. Rescue worker who were injured while assisting in efforts to search for, and recover, victims during the period in which the Fund. There should be no arbitrary 96-hour limitation on the injuries eligible for an award. C. Evidentiary Basis For Determining Who is a "Dependent" or a "Spouse" We disagree with Interim Final Rule to th extent that, for the purpose of determining the amount of an award, it limits (with narrow exceptions) eligible "dependents" and "spouse[s] of victims to those persons identified on the victims' federal tax returns for the year 2000, Interim Rule 104.3(b) and (c). Although a federal tax return is certainly evidence of dependency or marriage, if is not the only competent evidence of such status. Further, the tax laws impose limits on the classification of dependents, and on the obligation to file tax returns, that bear no relationship to the purposes of the Fund and are inappropriate to determining the amount of an award, it limits (with narrow exceptions) eligible "dependents" and "spouse[s]" of victims to those persons identified on the victims' federal tax returns for the year 2000. Interim Rule 104.3(b) and (c). Although a federal tax return is certainly evidence of dependency or marriage, it is not the only competent evidence of such status. Further, the tax laws impose limits on the classification of dependents, and on the obligation to file tax returns, that bear no relationship to the purpose of the Fund and are inappropriate to a determination of entitlement under the Act. See IRF 152(a) (qualifications for claiming dependent on return, including that the dependent not exceed a minimum income threshold and receive more than half of his or her total support form the taxpayer); and 6012 (minimum income threshold required income tax returns, that omission should not deprive their survivors form receiving the compensation intended by Congress. The restrictions of dependents and spouses to those claimed as such on federal tax returns also seems inconsistent with the provision of the Act theat awards take into account "the individual circumstances fo the claimant" Act 405 (b)(1)(B)(ii). Accordingly, we urge that the basic regulations clarify that the Special Master should receive and consider any competent evidence of dependency or marriage, including marriage certificates, birth certificates, financial documentation, relevant court order and credible sworn testimony. D. Eligibility of Undocumented Aliens We agree with the Interim Final Rule's inclusion of undocumented aliens injured in the terrorist attacks or the families of those who were killed as participants in the program. However, no provision is made in the rule to protect the information on immigration status that is currently required to be supplied in the claim forms. The Eligibility Form proposed by the Special Master is written in such a way that any undocumented alien would be legitimately concerned that the information provided to the Special Master could be used against the claimant by INS or other government agencies for immigration purposes. The Eligibility Form requires information on the victims's country of citizenship, and the victim's representative to authorize (1) "the U.S. Department of Justice to obtain any information relating to [the] claim under the September 11th Victim Compensation Fund of 2001..."; (2)"the U.S. Department of Justice to disclose any records or information relating to [the] Compensation Fund claim, to the extent necessary for its review, verification, and adjudication, to: agency contracts assisting in the administration of the Compensation Fund; other federal, state, or local agencies, including the Department of the Treasury; and other individuals or entities having information related to the claim..."; (3) "the release of information relating to [the] claim, where such information indicates a violation or potential violation of law...to any civil or criminal la enforcement authority or other appropriate agency charged with responsibility of investigating or prosecuting such a violation"; and (4) "individuals having information pertinent to [the] claim to release such information to a duly accredited representative of the Department of Justice during the review of [the] claim to Compensation Fund, regardless of any previous agreement to the contrary....This authorization is valid for five (5) years from the date signed or [the claimant's] written termination whichever is sooner," These provisions put undocumented aliens who file claims against the Fund at serious risk of deportation or other proceedings arising out of their immigration status. Likewise, their former employers may be unwilling to cooperate with such claimants or the Special Master for fear that they will have legal exposure. The final rules should make plain that undocumented aliens may proceed with their claims, and their former employers provide evidence supporting their claims, without fear that the INS or other government agencies will acquire or use such information for immigration or law enforcement purposes. II. Distribution of the Fund Awards In the Statement by the Special Master published as a preface to the Interim Final Rule, the Special Master noted that the Interim Final Rule referred to state law to determine the identity of the Personal Representative and stated, "[n]or would it be advisable for the Special Master to step in and supplant state court practice or the testamentary intent of decedents." Statement, p. 8. We agree with this approach, but feel constrained to point out, that is not clear how state law will be applied in the context of the Interim Final Rule, especially with respect to the distribution of awards. Section 405(c)(3)(B) of the Act provides that submission of a claim under the Act constitutes a waiver of the claimant's right to be a party to an action for "damages sustained as a result of the events of September 11. Although technically "claimant" refers to an individual who was injured or killed, the Interim Final Rule clearly contemplates that, will respect to an individual who was killed in the terrorist attacks, the filing of a claim under the Act constitutes a waiver by all persons who might have an interest in such damages. See Interim Final Rule 104.4(b) (requiring notice of claims made against the Fund to be given to, among others, "any other persons who may reasonably be expected to assert an interest in an award or to have a cause of action to recover damages relating to the wrongful death of the decedent"; 104.21(b)(1)(The Special Master "may require that the claimant certify that he or she has dismissed any pending lawsuit...and that there is no pending lawsuit brought by a dependent, spouse, or beneficiary or the victim") Under New York State law, tort damages in respect of a deceased victim fall into two categories: first damages for the victim's conscious pain and suffering, which are payable to the victim's estate and therefore will be disposed of under the victim's Will or in accordance with the rules of intestacy if the victim died without a Will; and, second damages for wrongful death, which are payable to the victim's distributees within the meaning of that who would inherit under the rules of intestacy). Any award from the Fund should be distributed among those persons who would have an interest in damages recovered as a result of the victim's death under State law, See Act, 402(5) (defining "economic loss" to mean "any pecuniary loss resulting form harm...to the extent recovery for such loss is allowed under applicable State law"). The Interim Final Rule then goes on to authorize the Special Master to modify any proposed plan for distribution if the Special Master" concludes that...it does not appropriately compensate the victim's spouse, children, or other relatives." Id. Distributing an award form the Fund to either a larger or a smaller class than permitted under state law open the doors to many possible disputes and complexities. It should be done, if at all, only as a narrow exception to expand the class, so as to avoid a substantial hardship faced by a person to whom a decedent who died without a ill contributed material financial support and who therefore suffered financially as a result of the decedent's death. We see a justification for such an exception because, as the average age of those who died in the World Trade Center tragedy is only a little over 30 years, at least some may not yet have provided for these relationships in a will. We urge, accordingly, that Interim Final 104.52 be clarified as not otherwise authorizes departures from state law (or, if applicable, foreign law) with respect to the distributions of awards. Interim Final Rule 104.3(a) defines "beneficiary" as " a person entitled under the laws of the decedents' domicile to receive payment or benefits form the estate of or on behalf of the decedents on whose behalf the claim to the Fund was filed." It is respectfully submitted that "beneficiary" should be defined as "a person who, under applicable State law, would have an interest in damages payable on account of the decedent's pain and suffering of the decedent's wrong not be entitle to share in the damages on account of the decedents's pain and suffering. We believe that the State courts are the appropriate forum in which to resolve questions about the allocation of an award among those that would be entitled to receive it, given that such questions are indeed, "fact-intensive and time-consuming." Statement, p.8. Consequently, we recommend that the personal representative, who has responsibility for filing a claim against the Fund on behalf of a deceased individual, should in the vast majority of cases be the "individual appointed by a court of competent jurisdiction as the Personal Representative of the decedent or as the executor or administrator of the decedent's will or estate." Interim Final Rule 104.4(a)(1). There may be some situations, such as where all of deceased victim's property is held in joint names with a survivor, where, but for the need to apply to a court for the appointment of a personal representative. Similarly, if the deceased victim was domiciliary of a civil law jurisdiction, the appointment of a personal representative may not be required. In such situations, if the Special Master is satisfied that all of the beneficiaries who would share in an award under the law applicable to the disposition of the victim's estate are adult and competent, the regulations should provide for the Special Master to recognize as the personal representative the person designated in writing by all of such adult competent beneficiaries. An application for recognition under such provision should be made under oath, and require (a) representations (i) that the deceased victim left no will, (ii) that specified persons are the persons who would be entitled to share in an award under the law applicable to the administration of the victim's estate (iii) that all of the victims' creditors have either been paid or theat their payment has been provided for, and (iv) that all beneficiaries have consented to the proposed distribution plan and to the designation of the personal representative, (b) a family tree of the victim sufficient to identify the lineage of the persons who would be entitled to share in an award pursuant to this provision should be required to acknowledge that it was received in a fiduciary capacity to be distributed pursuant to the plan and that distribution other than pursuant to the plan will subject the personal representative to criminal prosecution for conversion of U.S. Government funds. We object to Interim Final Rule 104.4(a)(2) in that it would permit the Special Master to name as a personal representative a person named as an executor in a purported Will without the validity of that Will having been established in Court. We also object to the provision that would permit the Special Master to designate "the first person in the line of succession" as the personal representative, without all persons who might share in the award first agreeing to such designation, because we do not believe that the notice provisions of Interim Final Rule 104.4(b) and (c) and (d) provide adequate protection to the potential beneficiaries. Where minors or incapacitated persons are involved as potential beneficiaries of an award, the State law rules that would be applicable to an adjudication as to the disposition of a recovery for wrongful death or personal injury should be equally applicable to the dispositions of an award under the Act. The Special Master should work closely with the Surrogate's Courts in affected jurisdictions to streamline procedures for administering the estates of those September 11 victims, particularly those requiring a Public Administrator or the appointment of a qualified third party as an administrator. One possibility is to create an administrative unit within the Surrogate's Courts or within the Office of the Public Administrator that would be dedicated to September 11 victims whose families are potential claimants to the Fund. In addition, where kinship proceedings are deemed necessary, consideration should be given to accepting evidence, such as affidavits form uninterested third parties who knew the decedent, in lieu of full-blown investigations in foreign locations, which could consume months and cost thousands of dollars. Moreover, the cost of any kinship proceeding necessary to distribute an award from the Fund should be paid out the Fund, not out of the award. Finally, the Final Rule should provide a mechanism to permit the filing of a claim and the granting of an award if an administrator has not been appointed by the Surrogate's Court as of December 21, 2003, due to extended kinship proceedings or other delays inherent in the appointment of an administrator, with the award to be held in escrow until the proceeding can be completed. Interim Final Rule 104.4(b) requires notice before filing a claim to the following persons: "The immediate family of the decedent (including, but not limited to, the decedent's spouse, former spouses, children, other dependents, and parents), to the executor, administrator, and beneficiaries of the decedent's will, and to any other persons who may reasonably be expected to assert an interest in an award or to have a cause of action to recover damages relating to the wrongful death of the decedent." In situations where a personal representative has been appointed by a Court, and is authorized by State court proceeding in which the personal representative was appointed to all persons who would have a right under State law to recover tort damages relating to the decedent's death, and so a second notice to such persons pursuant to the Final Rule would be superfluous. We submit that only such persons should be entitled to distribution form the Fund, since distributions to others would be inconsistent with provisions of the Act that require waiver of State law rights and would raise constitutional issues. If our position is adopted, there will be no occasion for notice to any other persons. With respect to the few situations (in our contemplation) in which the State court has not appointed a personal representative, we have recommended above a procedure requiring the written consent of all beneficiaries, thus obviating any need for further notice. III. Nature and Amount of Compensation A. Applicable State Law Interim Fund Rule 104.42 states that "the Special Mater is not permitted to compensate claimants for those categories or types of losses that would not be compensible under the law of the State that would be applicable to any tort claims brought by or on behalf of the victim". Since 405(b)(2) of the Act prevents the Special Master form considering negligence or other theories of liability, it should be made clear that the Special Master will not contributory negligence, assumption of risk or other possible negligence defenses or offsets in determining the amount of an award. B. Collateral Sources Offsets The Act reduces awards by "the collateral source compensation the claimant has received or is entitled to received", Act, 402.4, 405(b)(6). Given the purpose of the Act as expressed in 403 of the Act, we believe that this term should be constructed narrowly in a manner least harmful to the victims and their families. We note that the New York collateral source rule is much more restrictive than the one provided for in the Act and specifically excludes life insurance. CPLR 4545(C). This would provide equal treatment between those victims who invested in life insurance and those who invested in other property, such as securities, which is not treated as collateral source compensation. The Interim Final Rule, consistent with Act, provides that an award "shall be reduced by all collateral source compensation, including life insurance, pension, funds, death benefit programs, and payment by federal, state or local governments related to the terrorist-related aircraft crashes of September 11, 2001." Interim Final Rule. 104.47(a) However, the Interim Final Rule goes beyond the Act in not requiring that such benefits be payable to "the claimant" who, in the case of a deceased victim, is the victim (acting through) his personal representative). Act 402(3), 405(a)(1) and 405(c)(2)(A). Accordingly, only such compensation payable to a decedent's estate should be taken into account. In addition, the amount offset should be reduced by the premiums or other payments made to maintain the life insurance (or its cash value, if greater than the premiums paid) or other benefit treated as a collateral source. Further, pension benefits payable after normal retirement age should not be offset against any Fund award, because such benefits would have been available had the deceased survivor September 11, 2001. Offsets for collateral sources compensation should take into account the fact that such compensation, unlike the Fund award, may be subject to income or estate taxes. Consider, for example, a victim with substantial pension benefits payable over a number of years. The pension benefits will be subject to income tax as they are paid, and consequently, they will represent substantially less value, dollar-for-dollar, than an award from the Fund. Alternatively, consider a victim who is domiciled in the United States and married to a non- U.S. citizens. If the victim had substantial life insurance payable to his/her spouse, some or all of the insurance proceeds may be subject to U.S. estate tax. The taxes payable on any collateral source compensation required to be offset against the Fund should be considered in determining the amount of the offset. Accordingly, we recommend that the Final Rule specify that only the after-tax value of collateral source offsets be deducted form awards. Because the Fund's purpose is to provide a no-fault alternative to tort litigation, it would be inappropriate, and potentially unconstitutional, to reduce the Fund award distributed to a claimant by the amount of life insurance/pension benefits payable to a person who is not entitled to share in the award. Consider, for example, a divorced victim who had maintained life insurance for a former spouse. Under the Interim Final Rule, the life insurance payable to the former spouse would appear to reduce the amount of any award from the Fund, although the insurance proceeds were not paid to the victim, his/her estate, or his/her distributees (i.e., the persons entitled to share in tort recovery under New York State law). We recommend that collateral source compensation be applied as an offset only against the portion of the award distributable to the recipient of the collateral source compensation. The Interim Final Rule is ambiguous as to whether charitable donations are collateral sources that must be deducted from Fund awards. Although the Interim Final Rule states that charitable donations are not collateral source compensation that would be used to reduce awards, the Rule also provides that the Special Master "may determined" that private charitable payments "constitute, in substance," collateral source payments under the Act. Interim Final Rule, 104.47(b)(2). We agree with the policy determination that charitable contributions do not constitute collateral source payment deliberately structured as a charitable donations to avoid deduction from the award, then the Rule should expressly state that intention. The Rule also should recite the criteria that the Special Master must use in making his determination. In all other cases, charitable donations should not be used to reduce awards under the Act. C. Evidence of Economic Loss Consistent with our comments on proof of physical harm, we oppose limiting the evidence required to establish economic losses to federal income tax. The Special Master should receive and consider other competent evidence of the decedent's salary/income in 1998-2000, such as W-2 forms, pay stubs, bank account statements, union contribution documentation and employer affidavits. D. Calculation of Presumptive Awards The Special Master has published on his website "Presumed Economic and Non-Economic Loss Tables," together with a general description of the factors considered in calculating the presumed economic and non-economic losses before collateral source offsets. The tables of presumptive awards are not transparent in theat they fail to show how the various factors are used to calculated an award. As such, the tables do not enable a potential claimant to estimate a presumptive award in advance of filing a claim. For example, table are providing for married victims with zero, one and two dependent children, and for single victims with zero and one dependent child. The increment in the award per dependent child, varies with the victim's compensation, but not the victim's age. It also appears to vary based upon the ages of the dependent children. The increment for the first dependent child (assumed to be 9 years old) is radically different for a single victim than it is for a married victim. Thus, for a victim earning $150,000/year, the increment in the award for one dependent child for a single victim is more than $400,000; for a married victim, the increment for the first dependent child is approximately $89,300, but the increment for the second dependent child is approximately $110,300. These disparities make any attempt to extrapolate from the published tabes perilous for victims having more dependent children or for victims with young children. The Special Master should add to his website a calculator that would permit a family to input martial status, ages of dependent children, and the victims's age and salary in order to obtain a guideline presumed award that reflects the victim's individual circumstances. At the very least, additional table and data are essential to permit families with different circumstances than those presented in the published tables to determine the presumptive awards to which they would be entitled under the Fund. E. Minimum and Maximus Awards In the Statement by the Special Master, the view is expressed that, "absent extraordinary circumstances, awards in excess of $3 million, tax-free, will rarely be appropriate in light of individual needs and resources." (Statement, p.3). Imposition of an artificial limit on awards, by reason of a claimant's other resources (not subject to collateral offset), is in conflict with the statutory provision requiring "the amount of compensation to which the claimant is entitled [to be] based on the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant." Act 405(b)(1)(B)(ii). We submit the letter "individual circumstances" clause may not be construed, as the Special Master has, to permit the award of less than a claimant's actual proven loss by reason of claimant's wealth or other resources. The purpose of the Fund, as we read the statute, is to make all eligible claimants whole, and not just some claimants selected by the Special Master. The imposition of an artificial limit also is in conflict with the provisions of the act that measure recovery by what would be allowed under applicable State law. Act 402(5). If a purpose of the Act was to discourage litigation by providing a fair and reasonable alternative, the provision will have the opposite effect and encourage litigation by those most able to afford it. We urge that it be eliminated. We agree with the recent statements attributed to the Special Master, as reported in the media, that no eligible family should walk away from the Fund empty-handed. The Special Master is authorized by the Interim Final Rule to depart form the presumptive awards based upon a demonstration of extraordinary circumstances that the award methodology does not adequately address. We believe that he Special Master should use his authority to award a least $250,000 to eligible families that otherwise would receive no award a nominal award as a consequence of the collateral source adjustments. This Association stands ready to provide further assistance to the Department and the Special Master in developing and implementing the final rules for the September 11th Victim Compensation Fund of 2001. We commend the Department and the Special Maser for their efforts to date to develop fair efficient rules for administration of the Fund, and submit that adoption of our suggestions above would those efforts to fruition. Comment by Association of the Bar of the City of New York, New York, NY September 11 Email: Date The local time and date when the message was written. 2002-01-24 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 dojP000113.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. 2002-01-24 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 11:03 AM Please Protect the Rights of Lesbian and Gay Couples 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 NY, NY 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 dojA003046.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. Wednesday, December 19, 2001 6:16 PM equal rights 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 harrisburg , pa 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 dojA003614.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. Friday, December 21, 2001 11:25 AM relief fund December 21, 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 Philadelphia, PA September 11 Email: Date The local time and date when the message was written. 2001-12-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000416.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. 2001-12-21