17 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. Tuesday, December 04, 2001 4:01 PM All Victims of 9/11/01 Please include all members of our society in their time of support and need...the terrorists made no distinction as to race, religion, or sexual orientation....ALL victims need our active and continued support...just imagine how much more we would have suffered if our government was dealt the same blows as the WTC and the Pentagon! Individual Comment Marietta, GA 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 dojA000336.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. Wednesday, November 28, 2001 3:14 PM FAIR COMPENSATION FOR ALL SEPT. 11TH SURVIVORS! Request Fair Compensation for All Surviving Family Members of September 11th Victims Kenneth L. Zwick, Director Office of Management Programs Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue NW Washington, D.C. 20530 Re: Comments on the Department of Justice's Rulemaking Regarding the September 11th Victim Compensation Fund of 2001 The following comments respond to the Department's November 5 Notice of Inquiry and Advanced Notice of Rulemaking Re: the September 11th Victim Compensation Fund of 2001. Lambda Legal Defense and Education Fund is the nation's oldest and largest legal organization working to advance the civil rights of lesbians and gay men. We are joined in these comments by the Human Rights Campaign (HRC), the Empire State Pride Agenda (ESPA), Gay and Lesbian Advocates and Defenders (GLAD), and the National Center for Lesbian Rights (NCLR). Organizational descriptions appear at the end of this document. Our organizations have been assisting many individuals who lost their same-sex partners in the terror attacks of September 11. We submit these comments in their behalf and in behalf of others in the same circumstances. Our remarks focus on issues relevant to their eligibility for compensation from the Fund, the types of damages compensable, and the process by which individual survivors may seek compensation. I. GUIDING PRINCIPLES The laudable purpose of the September 11th Fund is to provide compensation for the losses of relatives of those who died, and those who were injured. See Air Transportation Safety and System Stabilization Act § 403. It is crucial for the many grieving families that the regulations implementing this purpose permit recovery for all deserving relatives, including the committed partners or non-biological children of gay and lesbian victims of the terror attacks. For those whose family relationships do not meet certain strict formal legal definitions, the enormity of the loss of a beloved companion or parent could be compounded by the prospect of ineligibility for compensation intended for their protection. The Department of Justice should not permit this potential inequity. We urge the Department to include among relatives eligible for compensation those who lost their life partners or de facto parents or children, regardless of sexual orientation and marital status. As Senator Charles Schumer noted in his October 31 letter to Attorney General Ashcroft: The need for support and recompense is no less real for these survivors than it is for the countless other relatives who lost loved ones. America has reached out with enormous generosity to all of the victims because our common humanity recognizes that grief and loss are not reserved to any single culture or group ? they are borne by each and every one of us, whatever our race, religion, or sexual orientation. Many who lost their life companions after lengthy committed relationships have contacted our organizations. Very few of them had prepared wills with their partners, a circumstance which is not surprising considering the relative youth and good health they enjoyed. While many are fortunate to have the support of the biological relatives of the deceased, others (like many affected by this tragedy) face the added stresses of pre-existing family difficulties that have not abated in the wake of the attacks. Each and every one of them is reliant on the continuing good will and generosity of parents, siblings or children of the victim to treat them fairly. The federal September 11 Fund should ensure fair treatment of all surviving family members, including same-sex partners and de facto children of those who perished. Operated on a simple principle of equitable distribution of damages in proportion to losses sustained, it can serve the Congressional purposes of helping families to recover their economic security and allaying the financial uncertainty of survivors. To accomplish this end, we suggest the following approach. All those who consider themselves survivors must, under this legislation, come together to seek compensation in a single claim. See § 405(c)(3)(a)(limiting claims to one per decedent). In that claim, the personal representative should submit evidence of the financial, physical and emotional losses suffered by each survivor. The Special Master then should (1) confirm that each individual seeking compensation is eligible, based on guidelines which include those in a family relationship of mutual interdependence (as partners or as de facto parent and child); and (2) determine how much compensation should be allotted to each individual, based on the specific evidence of that individual's losses. It is the responsibility of the personal representative, in turn, to distribute the total sum awarded in the proportions that the Special Master directs. II. SPECIFIC RECOMMENDATIONS A. The Personal Representative Should Act As A Fiduciary To Make A Single Claim On Behalf Of All Individuals Eligible For Compensation. A statement of policy by the Special Master addressing certain questions related to the personal representative would provide much-needed guidance to families as they consider whether to make a claim through the Fund or to participate in a civil action. The Department should make clear how it will determine the identity of a personal representative, and more important, on whose behalf that personal representative is obligated to make claims for compensation. "Personal representative" is a term common to many states' estates law. (For example, in New York, the Estates, Powers and Trusts Law (E.P.T.L.) § 1-2.13 defines "personal representative" as the individual who has received a letter to administer the estate of a decedent by the surrogate's court.) Already, many families have begun the process of distribution of the estate and thus have received or are seeking letters of administration which identify the personal representative. The individual who acts as the personal representative for the estate should be the one entitled to file a claim with this Fund. In a traditional wrongful death action, it is the duty of the personal representative to act as the fiduciary on behalf of the family of the deceased in prosecuting the suit. See, e.g., N.Y. E.P.T.L. § 5-4.1 (establishing right of personal representative to prosecute wrongful death action). The personal representative must distribute the proceeds of that action to the proper beneficiaries, in proportion to their losses. E.g., N.Y. E.P.T.L. § 5-4.4 (a)(1). The proceeds typically go neither to the personal representative who prosecuted the suit nor to the estate; rather, they go directly to the family members who suffered losses. Id; see also N. Y. E.P.T.L. § 5-4.1 Practice Commentaries. The court, not the personal representative, determines the amounts each individual receives. Id. The federal Fund should likewise vest in the personal representative the duty to act as fiduciary on behalf of all those who consider themselves to be survivors, seeking compensation in proportion to their losses and distributing the awards accordingly. This approach makes the identity of the personal representative less important than the Department's determination of who is eligible to seek compensation as a survivor of a deceased victim, through that victim's personal representative. (See discussion below.) It reduces the likelihood of disputes concerning who should be appointed personal representative and ensures that all survivors have the same opportunity to present evidence of their losses. And it imposes a fiduciary duty on the representative to ensure that all potential beneficiaries' claims are fully and fairly presented, and distributed as the Special Master directs. In the event that the personal representative for purposes of estate distribution does not wish to take on the responsibility of filing a claim and formally agrees to step aside, a federal hearing officer should appoint another representative. In many cases, survivors may agree on the proper individual, but where the matter is contested the appointment should not be deferred to independent adjudication by state courts. In processing claims, a federal hearing officer will ultimately have to sort through the evidence presented on behalf of surviving relatives to determine who is eligible for compensation and in what amounts; it makes sense that the same officer should resolve disputes about the appropriate personal representative as well. Judicial economy and efficiency weighs against calling on an entirely separate branch of government to go through the same process. Moreover, the determination is best made by a federal officer with knowledge of the particular rules of the federal Fund as they will apply to the parties before him or her, rather than by a state court with expertise in a different set of laws. B. All Relatives And Dependents, Including Same-Sex Partners and De Facto Parents And Children, Should Be Eligible For Compensation In Proportion To Their Losses. In the grim task of valuing a life, the operative principle ought to be to award compensation to those whom the deceased helped support in both material and emotional ways. Those who lost a partner suffer the emotional deprivations of being without a day-to-day companion, in addition to the help of another paycheck within an intermingled household economy. Those who lost a parent have lost the support and guidance of someone who provided nearly everything. And those who lost a child will be without the security of their son or daughter's companionship and assistance as they grow older. Each survivor's losses should be equally considered and accounted for, based on the daily realities of emotional and financial support the victim provided. Compensation should not be limited by legal distinctions among types of relatives, because those distinctions may frequently be untethered to the actual family burdens shouldered by those who died. Those eligible for compensation as a survivor of a deceased victim should include individuals who can show that they had (1) a family relationship of mutual interdependence with the victim, including as a de facto parent or child, and (2) suffered losses of the sort identified in the Act at §§ 402(5) and (7). Where the individual does not share a blood or legal tie with the victim,1 mutual interdependence is shown if the claimant shared a residence with the victim and was emotionally and financially intertwined in a familial relationship. The federal Fund should look to New York's law governing emergency relief awards for guidance. Only days after September 11, Governor Pataki issued an Executive Order granting surviving partners of the World Trade Center attacks benefits comparable to those received by surviving spouses from the state's Crime Victim Board. See Exec. Order No. 113.30, Suspension of Provisions Relating to Crime Victims Awards for Persons Dependent Upon Victims of the World Trade Center Attacks (October 10, 2001), available at www.state.ny.us/sept11/exeorders/113_30. Eligibility is based 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 a family deserves help in this time of need. That Executive Order follows the example set as early as 1989 by New York's highest court, which interpreted the state's rent control laws to protect the life partners of rent-controlled tenants. See Braschi v. Stahl Associates, 74 N.Y.2d 201 (1989). That Court held that the law's protection against eviction when a loved one dies "should not rest on fictitious legal distinctions or genetic history, but instead should find its foundation in the reality of family life." Id. at 211. Regulations codifying the Court's holding appear at 9 N.Y.C.R.R. 2104.6(d)(3). Permitting all relatives who suffered losses to be eligible for compensation ensures equitable treatment of all the diverse families that suffered losses in this tragedy. As the United States Supreme Court recently noted, "[t]he demographic changes of the past century make it difficult to speak of an average American family. . . . [P]ersons outside the nuclear family are called upon with increasing frequency to assist in the everyday tasks of childrearing," Troxel v. Granville, 530 U.S. ___, 120 S.Ct. 2054, 2059 (2000), and the same can be said of other daily supports for family members. The proposed criteria effectively account for the variety of family configurations and support obligations that Americans create today. C. Notice To All Potentially Eligible Survivors Should Be Required Prior To Filing A Claim. Personal representatives should be required to identify all those who meet the eligibility criteria outlined above for compensation, and to provide notice to each. New York law specifically contemplates that similar notice will issue "to all interested parties" before a court will hear evidence of damages sustained in wrongful death suits. See N.Y. E.P.T.L. § 5-4.4(1). Notice is a workable and indispensable element of a claims process in which one individual, the personal representative, has authority to bring forth evidence and litigate damages sustained by others. A claim should not be considered "filed" until the personal representative can show that all eligible survivors have received notice. The process of identifying individuals eligible for compensation as survivors of a victim should not be unwieldy. The proposed eligibility criteria contemplate that those eligible will include close biological or adoptive relatives, those whom the victim supported or who inherited from the victim, and those with whom the victim shared a residence in a family relationship. These guidelines provide a simple and straightforward way to identify those whose losses should be compensated in a single claim. If a personal representative fails to provide notice to all eligible beneficiaries, those who did not receive notice should have an opportunity to intervene in a pending claim, tolling the 120-day limit of § 405(b)(3), or to re-open a completed claim. Preliminary hearings should be available to determine eligibility for compensation if the personal representative refuses to present evidence of losses sustained by another potential claimant. Where the personal representative knowingly fails to bring a potential beneficiary to the Special Master's attention, penalties should be imposed, including the possibility of liability for breach of fiduciary duty. If the Department requires each survivor to sign a waiver against bringing other litigation, only potential beneficiaries should be subject to the waiver requirement and each on the same terms as every other potential beneficiary. D. All Types Of Compensation Should Be Available On Equal Terms To Same-Sex Partners. Compensation for economic losses as defined at § 402(5) and noneconomic losses as defined at sec. 402(7) should be equally available to all those eligible for compensation in proportion to their demonstrated losses. There is no principled basis for distinguishing among survivors as to the kinds of losses for which recovery is available. For example, excluding anyone but a legal spouse from recovery for loss of companionship or loss of consortium would be to fail to account for actual losses suffered by many survivors and to impose a barrier that has the effect of discriminating on the basis of sexual orientation. The same would be true if same-sex partners were eligible for lesser amounts than legal spouses. Rather, everyone who suffered similar losses should be entitled to compensation under the same principles. Noneconomic damages awarded to compensate for the conscious pain and suffering of the victim should be apportioned among the survivors in proportion to their other losses THANK YOU, Individual Comment MIAMI BEACH, FLORIDA September 11 Email: Date The local time and date when the message was written. 2001-11-28 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000112.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-28 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 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 Monte Sereno, CA September 11 Email: Date The local time and date when the message was written. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA003023.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 2:44 PM equal compensation for all victims of 9-11 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 San Francisco, CA September 11 Email: Date The local time and date when the message was written. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA003411.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Thursday, November 22, 2001 3:37 PM To Whom It May Concern: a) We believe there should be no age cap on the earnings potential of the victims of this terrible tragedy. Why should they have a cap if the rest of us are looking at retirement now starting at age 70. b) There should be no deductions for any charity received by the victim's dependants. They are ENTITLED to their share REGARDLESS of any gifts they may have received. c) Life insurance was PAID for by the Victim and should not have any bearing on what the family has a right to. d) The right to appeal should not be denied to those who are suffering due to the tragic losses inflicted on them by this horrific event. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-11-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000497.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, December 22, 2001 5:57 PM Crisis Relief Benefits December 22, 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 Brooklyn, NY September 11 Email: Date The local time and date when the message was written. 2001-12-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000827.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. 2001-12-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, November 27, 2001 12:43 PM Government Funding for Victims of Sept. 11 Dear Attorney General Ashcroft, I hear somewhere that this is late in the day for us to send comments, but surely you will consider all comments with a spirit of compassion. This is particularly obvious since some of the heroes of the day were gay and some of the people working in the Twin Towers were gay or lesbian. The deaths on September 11th were the result of an attack on America. Please do not discriminate against the unmarried partners of these victims. All unmarried partners, gay or straight, young and old, and their dependents should be eligible for compensation. Individual Comment Hermosa Beach, CA September 11 Email: Date The local time and date when the message was written. 2001-11-27 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000019.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-27 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Friday, March 15, 2002 9:51 AM Benefits for Gays and Lesbians To whom it may concern: Please reconsider your position in denying benefits of the September 11th fund to the partners of gays and lesbians. This is a discriminatory position, and certainly not one in keeping with the spirit of naitonal unity people embraced after September 11th. The partners of gays and lesbians lost loved ones just like everyone else, and now is the time to say to those who lost loved ones that we as a society value them and that their loved ones did not die only so that gays and lesbians could be discriminated against further. Being generous with this fund is the right thing to do. I hope the government will do the right and decent thing. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-15 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000821.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-15 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, March 20, 2002 12:35 PM I am outraged that you are excluding homosexuals from your benefits. I read the article and I think that it is ridiculious that you are even thinking about dicriminating against gay americans. Those gay americans are just like any of the other heros that risked their lives to help others. They are still heros of 9/11 no matter what their sexual preference is Them being homosexuals doesn't make them any more of a person or hero then the rest of them that were there that tragic day. We should be grateful that they actually helped and risked their lives to save the lives of others and should instead of dicriminating against them, should be praising them for the great things that they have gone for us and the the country. 9/11 woke the whole world and showed us that we need to unite and be a better country but what does it say about us if we dicriminate against people for making their own decisions. Their decision on whether or not to be gay has nothing to do with the rest of us and does not effect our own lives so we should stop being so ignorant and grant these people the same benefits that all the other heros are receiving. 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 dojR002354.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. Wednesday, December 19, 2001 8:23 AM Equal Access to Crisis Relief December 19, 2001 Dear Mr. Kenneth Zwick, I write as a supporter 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 Pittsburgh, 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 dojA002737.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 26, 2001 11:58 AM September 11 Victims Relief Fund December 26, 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 Astoria, NY September 11 Email: Date The local time and date when the message was written. 2001-12-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000935.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. 2001-12-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, November 28, 2001 1:58 PM I am writing as a comment on the rules that will govern the administration of the ?September 11 Victim Compensation Fund.? I want to urge you to include among relatives eligible for compensation those who lost their life partners or de facto parents or children, REGARDLESS OF SEXUAL ORIENTATION OR MARITAL STATUS. It is the fair thing to do. Individual Comment Charlottesville, VA September 11 Email: Date The local time and date when the message was written. 2001-11-28 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000092.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-28 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, January 21, 2002 12:33 PM Regulations re: September 11th Victim Compensation Fund of 2001 Ladies and Gentlemen, Please accept this e-mail as my comments upon the interim regulations referenced above. I write despite that fact that my mother-in-law may not receive any compensation at all from the Fund, due to the "collateral source" deduction mandated by Congress. We are still hopeful that Congress will correct this oversight be either eliminating the collateral source deduction requirement or by providing for a minimum recovery for all survivors of victims of the terrorist attacks on the World Trade Center and the Pentagon. I comment as follows: 1. Calculation of Economic Loss - a) The Chart is a good idea. But the chart should be further broken down, so that claimants can determine if the want to argue that compensation should be based upon more than 3 years of prior compensation. b) Claimants should be able to make a claim based upon year 2001 compensation. Many employers paid compensation and bonuses to survivors of victims for the remainder of 2001. The option should exist to include 2001 compensation in the calculation. c) Claimants should have the option to argue that bonuses and/or wages would have increased at a greater amount based upon personal income and employer payment history. d) A formula should be provided as an alternative option, so that claimants can determine whether to pursue "option B" for economic loss (eg. total claim amount if 8% increase in compensation were the past history). e) You need to show people what the US Dept. of Labor "Worklife Estimates" are. 2. Presumed Economic Loss - a) This is prohibited by the Act. You can provide this minimum award as an option to "Option A" - calculation of Non-Economic Loss. A presumed award is not fair, not equitable, and not legal. b) The correct method for determining non-economic loss is to allow evidence of pain and suffering, mental anguish, etc. as expressly guaranteed in the Act. The evidence should be permitted to be presented by both fact witnesses and by experts. This should be not different than the process that is permitted every day in courts throughout the country in wrongful death actions. c) Assuming arguendo that you will proceed with this unfair presumptive award, you should raise it significantly. I would be appropriate to study awards in the New York metropolitan area, to see what is the norm. I would suggest that it will likely be at least $500,000 for a tragedy of the magnitude of September 11th. Thank you for considering my comments. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-01-21 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 dojN002165.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. 2002-01-21 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 8:42 PM Dear Mr. Zwick: I am writing in response to the Department's request for public comments regarding the forthcoming regulations for implementing and administering the "September 11 Victim Compensation Fund." I strongly urge the Department to draft regulations that ensure compensation is available to all victims of the attack, including the committed partners and the non-biological children of gay and lesbian victims. It is unquestionable that the devastating grief and economic losses suffered by the families of gay and lesbian victims are no less than that of other families. Just as the terrorists drew no lines in choosing their victims, our country must draw no lines in compensating those who suffered the most personal of losses from these horrific attacks. Many Americans lost their lives on September 11, each of whom left behind loved ones. I urge the Department to honor these bonds by treating the families of gay and lesbian victims as you would any other. Sincerely, Individual Comment 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 dojA000562.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. Wednesday, December 19, 2001 8:01 AM Crisis Relief Benefitsn 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 Concord, MA 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 dojA002715.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 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 Boulder, CO 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 dojA004820.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. November 21,2001 Kenneth L. Zwick, Director Office of Management Programs U.S. Department of Justice Civil Division Main Building, Room 3140 950 Pennsylvania Ave., N.W. Washington, DC 20530 Re Victims Compensation Fund Dear Mr Zwick: I am writing this letter to you on behalf of &nbsp&nbsp&nbsp&nbsp , whose husband, &nbsp&nbsp&nbsp&nbsp was killed at the World Trade Center on September 11, 2001. This letter to you is in response to your request for comments about the Victims Compensation Fund. The Victims Compensation Fund's interest is to attempt to make whole the families of the victims. To this end, I would like to voice my support, for the following comments, which are also being made by other advocates for the families. OPPORTUNITY TO BE HEARD First, and formost, the fund should provide a complete and full opportunity for each family to be heard, should they choose to do so. Each family rightfully deserves the opportunity to be fairly heard before a hearing officer. They should have to present evidence through their own testimony and the testimony of expert witness. Each case should be considered on a case-by-case basis. RIGHT TO APPEAL AND FORM OF PAYMENT Secondly, there should be a right to appeal. Additionally, the payments should be in one lump sum, and be paid to the beneficiary, consistent with what the investment cousel is Kennith L. Zwick Director November 19,2001 Page 2 the best for individual family circumstances. Thus, for example, parents should be allowed to request that any payment made to minor children to be in trust. In addition, the parent of said minor children should determine the date of vesting. The trust should not automatically be paid to the child at the age of 18, unless the parents determine it is in the children's own best interests to do so. ECONOMIC LOSSES Third, and of paramount importance, is the computation of economic losses. There should be no cap placed upon this portion of recovery. Simply put, no one should be penalized because their spouse worked long, hard hours and earned a "good salary". An approach like that used in personal injury actions is most appropriate. Retirement should be set at age 68. The decedent's income should be averaged over the past 3 working years. The decendent age should be subtracted from 68. Those numbers should be multipled together, thereby gleaning a starting point for computation. From this base point, other factors such as inflation, wage-increases, merit, likely bonuses and advancement and any other benefits should be considered. NON ECONOMIC LOSSES Fourth, with regard to the non-economic losses of the fund, there should be absolutely be no cap on this amount. Each person's circumstances must be evaluated individually. Each case should take into account age of the decedent, martial status of the decedent, and the numbers and age of the decedents's children, the severity of the pain and suffering of each affected individual (both mental and physical), including the person injured or killed, the spouse, the children and the parents. Compensation for non-economic losses is crucial for the survival of some families. Any family who has a considerable amount of coverage in life insurance will need some incentive to enter the fund, especially if life insurance proceeds will be deducted from any recovery. COLLATERAL SOURCES Finally, the amount of collateral source recovery, used to offset any amount recovered from the funds should be limited. Life insurance brought and paid for by the decedent should not be deducted from the fund payments. Simply put, life insurance is not taxed by the IRS for one reason-it encourages people to plan for their heirs. To deduct personal life insurance from fund payments would penalize those who were responsible estate planners. Kennith L. Zwick Director November 19,2001 Page 3 To the extent that the statue requires life insurance to be deducted from any recovery, the regulations should limit the reduction to employer life insurance. Moreover, IRS's, 401k plans and defined contributions retirement plans should not be deducted from the fund's recovery amount. These plans were primarily saved for by the victims. They are in reality savings accounts, and they should not be deducted from the fund any more than other assets saved by the victims should be deducted. With regard to charity, Americans across this country donated their-earned money as a symbol of their patriotism, and our brotherhood as a nation. To deduct this charity money from any final payment would, simply be wrong. In closing, I would like to thank you for asking for and considering our comments from families of the victims. Sincerely, Individual Comment New York, NY September 11 Email: Date The local time and date when the message was written. 2001-11-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000789.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, January 15, 2002 8:25 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 Queens County, New York 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 dojN001867.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. Wednesday, December 19, 2001 8:15 AM Compassion & Justice 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 Cleveland, OH 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 dojA002725.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 10:35 AM a matter of concern 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 Branford, CT 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 dojA002993.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