196 20 12614 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 11:40 AM Support Equal Access to Crisis Relief Benefits for Surviving 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 Mechanicville, 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 dojA003125.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 13, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately, both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Zephyrhills, FL September 11 Email: Date The local time and date when the message was written. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA002604.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, February 11, 2002 4:44 PM 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 Madison, WI September 11 Email: Date The local time and date when the message was written. 2002-02-11 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojP000492.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-02-11 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, November 28, 2001 9:45 AM Victims of Terrorism Tax Relief Act My name is and my brother-in law, , was killed in the World Trade Center on September 11th. I would like to address a few key points regarding the Victims of Terrorism Tax Relief Act: 1) Income Tax - Waives income tax liability for the year of death and at least one previous year. 2) Estate Tax - Decreases estate tax under a formula that shields the first $3 million in assets from both federal and state estate tax and $8.5 million in assets from federal estate tax only for 2001. (this does not include state estate tax on this portion). 3) Payroll Tax Relief - Refunds the two years worth of payroll taxes of all those killed in the attacks. Individual Comment 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 dojA000064.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. Friday, March 22, 2002 7:50 PM September 11 compensation As taxpaying citizens, gay and lesbian Americans should have equal access to the compensation fund. For Kenneth Feinberg to wimp out on the survivors by invoking 'state law' is ridiculous and a specious argument. Everyone who lost a partner, relative or spouse in the WTC destruction shares equally in the loss of their loved one(s). So much for the ideals of the United States. So much for democracy. So much for "compassionate conservatism." So much for human decency. Mr. Feinberg, you should be ashamed. Sincerely, Individual Comment Minneapolis MN September 11 Email: Date The local time and date when the message was written. 2002-03-22 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 dojR002647.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. 2002-03-22 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, March 19, 2002 1:38 PM 9/11 fund please give equal compenstion to all family members of victims of 9/11. please include in your definition of family members, domestic partners of homosexual individuals. the 9/11 fund must project and have an ethos of unbiased judgement. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR002306.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. I have attached a letter including my comments on how I think it would be fair and appropriate to disseminate the funds for the Sept.11 victims. Kenneth L. Zwick, Director Office of Management Programs U.S. Department of Justice Civil Division Main Building, Room 3140 950 Pennsylvania Avenue, NW Washington, DC 20530 Re: September 11 Victim Compensation Program Dear Mr. Zwick: I am writing in response to the Department's November 5, 2001 request for public comments regarding the Department's forthcoming regulations for implementing and administering the "September 11 Victim Compensation Fund" established by the Air Transportation Safety and System Stabilization Act ("the Act"). As that Act makes clear, the purpose of the Fund is to provide compensation to any persons who were physically injured in the September 11 terrorist attacks as well as to the surviving "relatives" of those who died. I strongly urge the Department to promulgate regulations ensuring that compensation is available to all surviving family members of those killed, including the committed partners and the non-biological children of gay and lesbian victims. Just as the terrorists drew no lines in killing people, our country must draw no lines in compensating those who suffered the most personal of losses from these horrific deaths. In promulgating its regulations, the Department should look not to legal formalisms that may define relatives or families for purposes of other laws, but rather to the realities of the lives of those who were killed and those who loved and were dependent on them. Indeed, it is clear from the Act that this is precisely the approach the Department must take in administering the Fund. The Act specifically identifies a number of "economic" and "non-economic" losses for which compensation is to be awarded from the Fund. These include burial costs, loss of earnings, physical and emotional pain, suffering, mental anguish, and loss of society and companionship. It is unquestionable that the survivors of those killed on September 11 suffered these types of losses regardless of their sexual orientation or marital status or their formal legal relationship to the deceased. Indeed, grief and economic loss know no such boundaries. The emotional devastation and economic loss caused by the death of one's partner is not any less because that person was of the same sex as the survivor. A child's anguishing loss of a parent is not any less because there was no biologic tie. Since the purpose of the Fund is to compensate survivors precisely for the types of losses suffered by family members of those killed, the Department's regulations should not and indeed cannot properly exclude anyone who was a family member in fact. In the immediate aftermath of the September 11 tragedies, as various victim-relief funds were being established, some on the extreme radical right criticized relief agencies that had made clear their intent to make funds available to assist not only surviving married spouses of persons killed in the attacks but also the surviving partners of gay men and lesbians who had been killed. These cruel and reprehensible calls for the exclusion of gay and lesbian families from relief efforts have been accompanied by claims that the effort to provide relief to all who have suffered is somehow a push for a so-called "gay agenda." However, the determination of who was actually victimized by the September 11 attacks, of who actually suffered loss, of who actually is grieving, is not about advancing some alleged political "agenda." What is at issue here is a human tragedy of unimaginable horror and dimension, and about the fair and humane treatment of all who have personally suffered from the acts of the terrorists. Many gay and lesbian Americans lost their lives on September 11. Many of them left behind loved ones, including partners and children whose lives were intertwined with theirs and who were dependent on them for financial as well as emotional support. A number of them are known to have engaged in heroic acts that day, and they have been praised as national heroes. It would be an insult not only to those heroes, but to all who died on that tragic day, for the Department to draw artificial lines defining loss and grief. In fact, it would be unconscionable. We urge that the Department's regulations reflect these concerns. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-12-12 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 dojA001280.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. 2001-12-12 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. Monday, March 18, 2002 8:38 PM Please tell me it's not true I just received an email from a friend and I'm hoping it's some kind of sick joke. It said that gays and lesbians will not be compensated from the September 11 fund at the same rate as heterosexuals (or fetuses or illegal immigrants). I may not be gay, but I certainly recognize discrimination when I see it. In all the horror of 9/11, WHY would the United States use the Compensation fund to promote homophobia and discrimination? Did homosexuals not suffer as much, so therefore they do not deserve as much compensation? It is not their fault they are barred from marriage. This is not a time for our government to act in a divisive manner. I hope that the administrators of the fund will correct this error and make sure that ALL the survivors of September 11 are treated in a fair and equitable manner - no matter what their sexual orientation may be. 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 dojR001788.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, February 08, 2002 2:54 PM Other Victims--East African Bombings Dear DOJ Federal Counter-parts, As a Federal government employee and a victim of the East African Embassy Bombing in Nairobi, Kenya on 8/7/1998, I would like for the Dept of Justice and the U.S. Government to please include the American citizens that were killed or seriously injured in the attacks on our Embassies. Please note that the same terrorists group (Bin Laden and Al Qaeda) were responsible for the Embassy attacks on civilians, not armed combatants, and on American soil (the U.S. Embassy). I believe we should be included in this compensation package also and the package should be renamed -- or changed to reflect a more inclusionary name such as the September 11, 2001 and August 7, 1998 Compensation Package. We too are Americans that were hurt and killed, and to date, we have received NO compensation. Thank you, Individual Comment Parkland, Fl September 11 Email: Date The local time and date when the message was written. 2002-02-08 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojP000471.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-02-08 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 17, 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 Ithaca,NY September 11 Email: Date The local time and date when the message was written. 2001-12-17 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 dojA005129.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. 2001-12-17 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. Tuesday, December 04, 2001 6:14 PM Compensation All victims should receive compensation including committed partners and non biological children of gay and lesbian parents or partners. Individual Comment Philadelphia PA. 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 dojA000450.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. Friday, December 21, 2001 6:03 AM Help same sex partners of 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 Berkeley, CA 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 dojN000232.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. Sunday, March 17, 2002 2:33 PM To whom it may concern: I strongly urge you to extend compensation to the gay and lesbian partners of those who died on September 11. It is absolutely inexcusable to exclude them from the benefits which are due them. If there is a legal barrier to this, then that legal barrier needs to be removed, as it has been in the case of illegal aliens. Sincerely and patriotically, Individual Comment Royal Oak, MI 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 dojR001445.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. 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 D.C. 20530 Dear Mr. Zwick: We write this letter to you as friends of &nbsp&nbsp&nbsp&nbsp , whose husband &nbsp&nbsp&nbsp&nbsp was an employee of &nbsp&nbsp&nbsp&nbsp who was killed at the World Trade Center on September 11. &nbsp&nbsp&nbsp&nbsp gave birth to twin girls &nbsp&nbsp&nbsp&nbsp and &nbsp&nbsp&nbsp&nbsp on September 15, and their son &nbsp&nbsp&nbsp&nbsp turned 2 on September 22. We are very concerned that while formulating the regulations for the Victim Compensation Fund, you take into account the following: OPPORTUNITY TO BE HEARD First and foremost, we are concerned that &nbsp&nbsp&nbsp&nbsp and her children will not be given a complete and full opportunity to be heard, should they choose to do so. Each survivor rightfully deserves the opportunity to be fairly heard before a hearing officer. The survivors should have the occasion to present evidence through their own testimony and the testimony of expert witnesses. Each of their cases should be considered on a case-by case basis. For Andrea, being given the right to be heard is a crucial and extremely valuable part of her healing process. We hope you understand this. RIGHT TO APPEAL AND FORM OF PAYMENT Secondly, we would like the survivors to have the right to appeal, but in addition, we believe the payment should be in one lump sum, and be paid out to the beneficiary, consistent with what investment advisors recommend as the best for their individual family circumstances. For example, the survivors should be allowed to request that any payment made to minor children should be in trust. The parent should determine the date of vesting. The trust should not automatically vest at the age of 18, unless the parent determines it is in the best interest of the child to do so. ECONOMIC LOSSES Third, and of paramount importance to the survivors, is the computation of economic losses. We are strongly against any cap being placed on this portion of recovery. Simply put, no one should be penalized because his or her spouse worked long, hard hours and earned a "good salary." We would request an approach like that used in personal injury actions. Retirement should be set at age 68. The decendent's income should be averaged over the past 3 working years. The decedent's age should be subtracted from 68. Those two numbers should be multiplied 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 non-economic losses, there should be absolutely no cap on this amount. Each person's circumstances must be evaluated individually. Each case should take into account the age of the decedent, marital status of the decedent, and the amount and age of the decedent'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 like the firemen and policemen's. Those families will need a substantial amount of money to be offered in the section to entice them to enter the fund. Likewise, any family who has a considerable amount of coverage in life insurance will need some incentive to enter the fund, since life insurance proceeds will be deducted from any recovery. We certainly hope that any non-economic recovery from this fund would be generous in light of the terrible circumstances of September 11th. COLLATERAL SOURCES Finally, with regard to collateral sources, we are very concerned about their use to offset any amount recovered from the fund. Life insurance should not be deducted from fund payments. Life insurance is not taxed by the IRS for one reason-it encourages people to plan for their heirs. To deduct any life insurance from fund payments would penalize those who were merely responsible estate planners. The decedents sacrificed and saved hard-earned money to pay for such plans; they are already victims once. Please don't make them victims twice. Moreover, pension fund, IRA's and 401k plans should not be deducted from the fund's recovery amount. These plans were responsibly sacrificed for and saved for by Andrea's husband. They are essentially savings accounts, and they should not be deducted from any recovery from the fund. With regard to charity, Americans across this country donated their hard-earned money as a symbol of their patriotism, and our brotherhood as a nation. To deduct this charity money from any final payment would be wrong. Donations made to &nbsp&nbsp&nbsp&nbsp family and others like hers were generously and selflessly given to them as a form of healing for both the donor and the receiver. Every single dollar donated and received gives each of us hope for tomorrow and belief in our country as a united whole. Please do not denigrate this beautiful symbol of our nation standing together as one. In closing, we would like to sincerely thank you for considering our option about the Victims Compensation Fund, something that will have an enormous and tremendous bearing on the lives of our friend, &nbsp&nbsp&nbsp&nbsp , her infant daughters &nbsp&nbsp&nbsp&nbsp and &nbsp&nbsp&nbsp&nbsp , her toddler son &nbsp&nbsp&nbsp&nbsp , and thousands of other survivors. We can only ask you to please keep them in your hearts during the weeks ahead as decisions are made that profoundly affect them. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-01-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000785.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-18 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 05, 2001 10:15 AM equal treatment for victims and their families I am asking you the Justice Department to include 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. I am asking you the U.S. Government to follow the example already set by New York Governor Pataki in 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." Signed a concerned lesbian from Colorado that wants equal treatment for all the victims and their families. Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-12-05 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA000755.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-05 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Public Comment Dear Mr. Zwick: You invited the public to comment on the Victims Compensation Fund. I am not just a member of the public, but one of the victim’s family members. My husband, , worked in Tower One of the World Trade Center and was killed on September 11, leaving behind me, his wife of 7 ½ years and two young sons, , age 3 (as of Nov. 8) and - only 6 days old at the time of the attack. My husband should have been home bonding with his new baby; instead, he was at work since 7 that morning. He was such a dedicated and hard-working young man. Look where it got him. I know that you have received hundreds, if not thousands of individual comments regarding the Fund; however, I’d like to emphasize a few points that are important to me and many other victims’ families. COLLATERAL SOURCES First, life insurance should NOT be deducted from any fund payments. My husband and many others were responsible estate planners and had the foresight to purchase additional life insurance in an effort to plan for their heirs. These men and women sacrificed and used their hard earned money to provide for their families. That money could have been used towards buying another car or to take a much deserved vacation; instead, our spouses chose to prepare for the future and take care of their families. Please do not lose sight of that fact. Second, money donated by our fellow Americans to the various charities for the vicitms’ families should NOT be deducted from any fund payments. These charitable contributions were generously made as a goodwill gesture and provided a form of healing for both donor and recipient – it was the only way many people across the country knew how to help their fellow brothers and sisters. What a beautiful gesture – please don’t denigrate this wonderful symbol of patriotism and love. In addition, those legally responsible for this disaster should not benefit from the charity of the American public. OPPORTUNITY TO BE HEARD Each family deserves the right to be heard on an individual basis. Every family’s situation is different and we should not be lumped into one group. Please give us the opportunity to present evidence through our own testimony and the testimony of expert witnesses. RIGHT TO APPEAL AND FORM OF PAYMENT Any and all fund payments should be distributed as one lump sum which we will be able to invest in a manner suggested by our professional financial advisors. In addition, we should also have the opportunity to appeal a decision which we think to be unjust. The payment we receive from the fund will significantly affect us for the rest of our lives. By choosing to forgo separate litigation against the airlines, we are placing our lives in the hands of the special magistrate who should not have powers greater than a trial level judge, whose decisions are appealable. YEARS TO BE CONSIDERED Individuals of my husband’s age would be required to work until at least age 68 in order to receive full Social Security benefits. Moreover, since most individuals are no longer covered by defined benefit plans by their employers, it is necessary for them to work longer in order to save the funds necessary to provide an adequate income in their retirement. Accordingly, it is important that the award be determined by the earnings of the deceased over his entire working life to age 68 as it would have been had he survived. Mr. Zwick, thank you for giving us the opportunity to be heard. We are living through the most horrific time of our lives and this at least gives us some form of comort, or control over our future – the ability to have some input on a bill that will affect us for the rest of our lives. Please remember us and our young families during these next few weeks. Sincerely, Individual Comment Oceanport, NJ September 11 Email: Date The local time and date when the message was written. 2001-11-30 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 dojA000016.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. 2001-11-30 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. Monday, January 07, 2002 2:30 AM Interim Final Rule The dollar amounts you have established for the victims families is to much. No one else in this country receives that kind of government money when there is a death in the family. Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-01-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN001390.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. 2002-01-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Sunday, December 30, 2001 5:48 PM Sept 11 survivor equality December 30, 2001 Dear Mr. Kenneth Zwick, I write 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 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. Many lesbian and gay people were killed in the September 11th attacks. My understanding from Amnesty International, is that 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. In this time of national sorrow and crisis, please give all relationships the dignitity and respect that they deserve. Please tell me about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Reading, 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 dojN001235.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. Saturday, December 15, 2001 5:27 PM Rulemaking under 28CFR, Part 104 I understand from various media accounts and from the DOJ statement issued below that the DOJ is seeking comments on various aspects regarding the application of the Victim Compensation Act of 2001. My comments are limited to the question regarding the determination of eligibility for "spouses" and others. I am an elected official in Charlotte, North Carolina. North Carolina law (as the law of some 15 other States) makes certain acts and behaviors illegal (NCGS 14-177). North Carolina law also prohibits the teaching of homosexual conduct as acceptable without full disclosure of the illegality of the acts and the medical risks associated with it (NCGS 115C-81). These laws have been upheld by the US Supreme Court in 1987 in "Bowers V. Hardwick" and in the NC Supreme Court in a case called "Pulliam V. Smith" (1998). In addition, Federal law limits the number of covered classes covered by Federal Civil rights laws to Race, Creed, Sex, Ethnic & National Origin. "Sexual orientation" is excluded by failing to receive an adequate number of votes in Congress to support such a change in the law. Unmarried heterosexuals have consistently been rejected as a covered class as well. I would encourage your office to limit the applicability of this new law to EXISTING standards and to reject expansion of and payment of benefits to those that claim to be "spouses" or relatives but whom do not have the legal standing to file such a claim. Clearly, the terrorist attack is deplorable but it should not be used administratively make new law when Congress could have specifically include such additional classes of qualified individuals and has refused to date to do so. Spousal benefits should go only to those that are "spouses" by LAW and not individuals who the law purposely excludes from this covenant or those, by their actions, that choose to exclude themselves. Specifically, individuals who cohabitate together (whether homosexual or heterosexual) should not be eligible for benefits as though they were lawfully married. To do otherwise is to ignore the existing will of Congress and the opinions of voters in a number of States who reject such notions and do not believe they should be established as law. It also would diminish the societal value of marriage and effectively expand its definitions to include those other than the legal def. of "one man and one woman joined in Holy Matrimony". If individuals who are "not married" can receive spousal benefits it diminishes the exclusivity of marriage in society something that your office should not attempt to do by fiat. It also ignored the laws of the State of North Carolina that reject such activity as acceptable. Regards, Individual Comment BILLING CODE: DEPARTMENT OF JUSTICE Office of the Attorney General 28 CFR Part 104 CIV 104P; AG Order No. RIN: 1105-AA79 September 11th Victim Compensation Fund of 2001 AGENCY: Civil Division, Justice. ACTION: Notice of Inquiry and Advance Notice of Rulemaking SUMMARY: Shortly after the September 11, 2001 terrorist attack, the President signed legislation authorizing compensation to any individual (or the personal representative of a deceased individual) who was physically injured or killed as a result of the terrorist-related aircraft crashes on that day. This Notice of Inquiry and Advance Notice of Rulemaking seeks public comment on a range of matters critical to implementing a program that will carry out the intent of the legislation of providing compensation to victims. DATES: Comments in response to this notice are due by November 26, 2001. ADDRESSES: Comments should be submitted by e-mail to: victimcomp.comments@usdoj.gov, or by telefax to 301-519-5956. Telefaxes should be limited to 15 pages. Comments may also be mailed to Kenneth L. Zwick, Director, Office of Management Programs, Civil Division, U.S. Department of Justice, Main Building, Room 3140, 950 Pennsylvania Avenue NW, Washington, DC 20530. However, in view of the short time period for comments and the current delays in the delivery of mail, it is strongly recommended that comments be submitted by e-mail or telefax. Comments received are public records. The name and address of the commenter should be included with all submissions. The text of comments, along with the name and address of the commenter, will be available on the Victim Compensation Fund web site, www.usdoj.gov/victimcompensation. Comments will also be available for public inspection at a reading room in Washington, DC. Arrangements to visit the reading room must be made in advance by calling 888-714-3385 (TDD: 888-560-0844). FOR FURTHER INFORMATION CONTACT: Kenneth L. Zwick, Director, Office of Management Programs, Civil Division, U.S. Department of Justice, Main Building, Room 3140, 950 Pennsylvania Avenue NW, Washington, DC 20530, telephone 888-714-3385 (TDD 888-560-0844). SUPPLEMENTARY INFORMATION: Background. The President signed the ?September 11 Victim Compensation Fund of 2001" (the "Fund") into law on September 22, 2001, as Title IV of Public Law 107-42, 115 Stat. 230 ("Air Transportation Safety and System Stabilization Act") (the "Act"). The purpose of the Fund is to provide compensation to eligible individuals who were physically injured as a result of the terrorist-related aircraft crashes of September 11, 2001, and compensation through a ?personal representative? for those who were killed as a result of the crashes. Generally, eligibility extends to those who suffered physical harm or death as a result of the September 11 air crashes, which would include individuals on the planes at the time of the crashes (other than the terrorists) and individuals present at the World Trade Center, the Pentagon, or the site of the crash inPennsylvania at the time of the crashes, as well as those present in the immediate aftermath of the crashes. The Attorney General, acting through a Special Master appointed by the Attorney General, is responsible for the administration of the Fund. By law, regulations addressing certain administrative matters must be issued within 90 days of enactment (i.e. by December 21, 2001). Section 407 of the Act provides that the Attorney General, in consultation with the Special Master, promulgate regulations on four matters by December 21, 2001: (1) forms to be used in submitting claims; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; and (4) procedures to assist an individual in filing and pursuing claims. In addition, section 407 authorizes the Attorney General to issue additional rules to implement the program. After determining whether an individual is an eligible claimant under the Act and applicable regulations, the Special Master is to determine the extent of harm to the claimant and determine the amount of compensation to be awarded based on ?the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant.? Section 405(b)(1)(B)(i). The law also provides that the Special Master is to make a final determination on any claim within 120 days of its receipt and, if an award is made, to authorize payment within 20 days thereafter. Sections 405(b)(3), 406(a). The determinations of the Special Master are final and are not subject to judicial review. Section 405(b)(3). The Fund is designed to provide a no-fault alternative to tort litigation for individualswho were physically injured or killed as a result of the aircraft highjackings and crashes on September 11, 2001. Individuals who may have suffered other kinds of losses as a result of those events (e.g., those without identifiable physical injuries but who lost employment) are not included in this special program. However, the Act provides that a claimant who files for compensation must, at the time of filing, waive any right to file a civil action (or to be a party to an action) in any federal or state court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001. Claims with the Fund must be filed within two years after the initial regulations are promulgated. Payments from the Fund are made by the United States government, which in turn obtains the right of subrogation to each award. General approach to regulations that must be promulgated by December 21, 2001. a) The purpose of this notice. As noted above, the Act requires that the Attorney General promulgate regulations in consultation with the Special Master. The Department is currently considering potential candidates for the Special Master position. In addition, the Department is in the process of seeking information from state and local agencies, as well as many other sources, that may be useful in crafting proposed regulations. In the meantime, however, the Department believes that it is very important, to the extent feasible within the time frames involved, to involve the public in the development of any rules established under the program ? including, but not limited to, potential beneficiaries of the program, their employers, the legal community, and all those who have come forward to help those impacted. For this reason, the Department has decided to issue this notice to obtain as much public comment as feasible before issuing the rules that it isrequired to promulgate by December 21, 2001. This notice describes the issues involved, identifies possible courses of action, and invites comment on a number of points. At various points the Department solicits views on interpretations or applications of the Act. Although the Department welcomes comments, it is ultimately the Department?s responsibility to interpret and apply the Act. b) The Department?s plan to issue implementing regulations by December 21, 2001 as ?interim final? rules. Although the Attorney General, in consultation with the Special Master, is to issue certain implementing rules by December 21, 2001, the law does not specifically define how such rules must be issued. The Department welcomes comments on these procedural issues. The Department is considering promulgating the initial rules on December 21, 2001 as ?interim final? rules. ?Interim final? rules are ?final? rules that can be relied upon (and challenged) under the law, but that also become the subject of a new round of immediate comment and review ? essentially, asking the public for comment on whether the newly-adopted rules should be amended. The Department wishes to begin processing claims as soon as possible. This procedural methodology should permit the program to commence operations as soon as practicable. c) How to comment in response to this notice. There are a number of issues presented in this notice, and 21 days are provided for comment. The Department has only a limited time to evaluate the information received in response to this notice. Accordingly, the Department would appreciate comments that are transmitted as soon as possible and in a form that is as succinct as possible. As indicated at thebeginning of this notice, we encourage commenters to use e-mail and telefax for this purpose. Although the Department will endeavor to review every submission it receives in response to this notice, from handwritten letters to copies of scholarly articles and books, it reserves the right under the circumstances to set aside any information that it lacks the time to consider before the Department must make its determination, even if that information is received before the end of the comment period. The Department urges commenters to submit materials as early within the comment period as possible. If the Department cannot fully consider all the comments it receives before it must act, the comments will be retained by the Department for subsequent consideration as appropriate. As discussed above, the Department contemplates providing another opportunity for notice and comment after the initial rules are issued in December; any information submitted to the Department in response to this notice that cannot be reviewed before the December rules are issued will be considered during the subsequent review. Similarly, to the extent that any issues addressed in the comments are not addressed in this initial regulatory action, those comments will be retained by the Special Master for appropriate consideration as the program is implemented. d) Will there also be meetings and hearings to gather information before December 21, 2001? The Department has received many requests for meetings from individuals and groups who wish to provide input on these rules. And it is likely that the Department will wish to initiate such meetings on its own as well. The Department will endeavor to accommodate any such requests as best it can given the available time and any applicable legal requirements. As a matter of general policy, the Department has declined to take a position prohibiting so-called ?ex parte communications? in informal rulemaking proceedings. 28 CFR 50.17. Such a prohibition would inhibit the ability of the Department to obtain valuable information, and would be inconsistent with the nature of informal rulemaking under 5 U.S.C. 553 (as contrasted with so-called ?formal? rulemaking under 5 U.S.C. 554, which is handled in a quasi-judicial manner). Consistent with the policy set forth in 28 CFR 50.17, the Department will endeavor to make notes on any relevant meetings or other communications part of the public record. e) The effective date of the rules to be promulgated on December 21, 2001. The law generally provides that rules not go into effect for at least 30 days after promulgation absent ?good cause? to waive this requirement. 5 U.S.C. 533(d). The Department is seeking comment on an appropriate effective date for these rules, including whether ?good cause? exists under 5 U.S.C. 533(d) to waive the 30-day requirement. In ideal circumstances, the Department would prefer not to waive the APA=s requirements for at least a 30-day delay in the effective date for rules. Given the circumstances here, however, it seems likely that there may be good cause for taking such action. The Department welcomes comments on this issue and on other alternatives. For example, a 30-day effective date delay might not significantly hinder implementation of the program and would provide time for some initial counseling and other information dissemination prior to the filing of any claims. f) Issues relating to the rules to be promulgated by December 21, 2001. The Department welcomes comment on whether the rules that must be issued by December 21, 2001, should, pursuant to section 407(5), cover matters in addition to those specifically identified in section 407(1)-(4) of the Act. One reason for making the set ofregulations to be published in December as comprehensive as possible is the possibility that there are some potential claimants who have already filed or will soon be filing civil actions seeking damages arising out of the September 11 incidents. Section 405(c)(3)(B)(ii) of the Act provides that, if an individual is already a party to a civil action when the regulations enumerated in section 407 are promulgated, the individual cannot submit a compensation claim under this federal program unless he or she withdraws from the legal action within 90 days from the date the rules are promulgated. Without having information about how the compensation program works, such individuals might not be able to assess whether the compensation program is a viable alternative to continuing their litigation. The Department believes that the number of individuals who already have filed a civil claim, or who have irrevocably committed to doing so in the next few months, may well be very small. The Department would welcome information on this point. The Department also would welcome comment as to whether the statutory requirement that a claimant ?withdraw[]? from such action by 90 days after the date the initial rules are promulgated was intended to preclude such a claimant from refiling or rejoining a civil action: a) should the claimant ultimately elect not to file a compensation claim under the federal program; or b) if the claimant is determined by the Special Master not to be eligible to file a claim. In short, potential claimants have an interest in knowing as soon as possible how the program is likely to operate in their circumstances. Litigation to obtain damages, particularly in a mass tort context, can be a lengthy, uncertain, and complex process, filled with substantial risk and expense. The purpose of this compensation program is to offer all potential claimants a more expeditious, predictable, and less complex alternative to that process. The Departmentrecognizes that unless and until it can provide some certainty as to how the compensation award program will work, some claimants may be reluctant to commit themselves to the Fund as an alternative to tort awards. We now turn to a set of specific topics on which comment is solicited. The first four topics concern the Department?s obligations under section 407(1)-(4) of the Act. The remainder discuss key issues that may also be the subject of regulatory action. Topics #1 & 2: The forms to be used in submitting claims under this program and the information to be included on the claims form. Section 405(a) of the statute establishes some specific requirements with respect to the claims form and the information to be included. The law requires the Special Master to develop a claims form to use in filing claims for compensation under this program. The Special Master is to ensure that the form can be filed electronically if practicable. The form must include a statement of the factual bases for eligibility and for the amount of compensation sought. In addition, the form is to request information from the claimant as to: 1) the physical harm suffered by a victim, or information confirming the death of the victim, of the terrorist-related aircraft crashes of September 11, 2001; 2) any possible economic and noneconomic losses that the claimant suffered as a result of the crashes; and 3) any collateral sources of compensation the claimant has received or is entitled to receive as a result of such crashes. It would appear that these requirements, combined with the statutory time frame for the Special Master to reach a decision once a claim is filed, contemplate a detailed form and filing, including submission by the claimant of supporting documents and relevant medical records. Accordingly, the Department invites comment on whether the Special Master should determine that a claim has not been ?filed? in those circumstances in which the Special Master determines that there is insufficient information submitted to permit a reasonably informed determination to be made. Along similar lines, the Department invites comments on whether there are actions the Special Master should be required to take before he or she can accept a claim, or deem a claim ?filed.? The Department welcomes comment on the design and content of the claims forms in light of the statutory requirements. Specific comments on making the form and its instructions readable and readily available are welcome. Topic #3: Procedures for hearing and the presentation of evidence. Section 405(b)(4) provides that a claimant has the right, after the filing of the claim, to present evidence to the office of the Special Master. The statute specifically provides that the claimant has the right to present witness statements and documents, the right to be represented by an attorney, and such other due process rights as are determined to be appropriate by the Special Master. The Department solicits comments on the procedures to be used in taking and evaluating such evidence. In formulating comments, commenters should keep in mind that the Act gives the Special Master a very limited time to evaluate such evidence before making a decision: Section 405(b)(3) of the statute provides that the Special Master must make final decisions on claims within 120 days of the date of filing. Comments as to whether the statute permits the Special Master to temporarily halt or toll the running of this clock, at the initiative of the claimant or otherwise, are welcomed. In addition, the Department invites comment on whether the SpecialMaster should be permitted to dismiss a claim as not properly filed for lack of adequate supporting information and, if so, whether an individual should thereafter be permitted to refile the claim. Among other matters, the Department welcomes comment on whether every claimant should be granted an oral hearing or whether paper hearings may be sufficient, and comments on what types of oral hearing may be practicable, consistent with the statutory deadlines. If oral hearings are provided, should the Special Master always use ?hearing officers? to hear witnesses and review written evidence? What qualifications and training should those who perform such tasks have? In addition, the Department welcomes comment on whether there are other specific duties and powers that should be delegated to hearing officers (e.g., to ask questions of the claimant or witnesses, to request submissions of such further information as the hearing officer may deem valuable in reaching a decision, and/or to prepare recommended decisions for the consideration of the Special Master). The Department welcomes comment on whether claimants should have the opportunity to appeal directly to the Special Master specific ?rulings? or ?working decisions? of a hearing officer on questions that arise in the course of his or her evaluation of the claim. The Department also seeks comment on whether it is authorized to enforce requests made by the hearing officer to third parties for evidence that is necessary to a proceeding ? e.g., evidence that might bear on whether all aspects of the claim file on which the decision will be based are accurate and complete. The Department also welcomes comment on whether such proceedings should be recorded, whether such proceedings must be held in a location convenient to the claimant and how to deal with scheduling conflicts, and whether the opportunity for a hearing can be waivedby a claimant through inaction or unwarranted delay. The Department particularly welcomes comments that reference the practices or experience of existing compensation programs with respect to the hearing of evidence. Topic #4: Procedures to assist an individual in filing and pursuing claims under this title. The statute does not provide guidance on what actions the Special Master is to take to assist claimants in filing and pursuing claims. However, the Department believes that it is important that claimants be able to proceed without economic experts. Accordingly, the Department welcomes any and all suggestions as to how it can assist claimants, including suggestions for office locations, toll-free phone lines, outreach meetings, and newsletters. In addition, the Department welcomes comments on whether the Special Master has the authority to limit the types and amounts of fees that can be charged by legal counsel, accountants, experts or others who are retained by claimants to assist them in filing and pursuing compensation claims, and whether such fees can and should be paid by the Special Master directly out of compensation awards. The Department welcomes information about practices in this regard with respect to other federal compensation programs, and welcomes specific suggestions on any appropriate fee schedule or policy. The Department also welcomes comments on what limitations, if any, the rules should impose on non-attorney, non-claimant representatives' participation in filing claims and in subsequent proceedings. The Department is also interested in comments as to whether it needs to take any actions to ensure that individuals who have the option of filing a compensation claim with this programare not improperly solicited or influenced by those with an interest in having them make such an election. Topic #5: Claimant Eligibility. Section 405(b) of the statute requires the Special Master to determine whether a claimant is an ?eligible individual? under section 405(c). ?Eligibility,? in turn, is defined to include: (i) victims (other than the terrorists) aboard American Airlines flights 11 and 77 and United Airlines flights 93 and 175; or (ii) victims who were ?present at? the World Trade Center, the Pentagon, or the site of the aircraft crash at Shanksville, Pennsylvania at the time or in the immediate aftermath of the crashes, and who suffered physical harm or death as a result of such an air crash. The Department seeks comment on whether a Departmental regulation or a statement of policy by the Special Master would be appropriate to clarify these criteria and, if so, what those criteria should be. Public commentators have suggested differing interpretations of the statutory terms ?present at,? ?physical harm,? and ?immediate aftermath.? The Department invites comment on the appropriate scope of each of those terms. In particular, how should ?present at? be interpreted? Should the term ?physical harm? be limited to serious injuries, as it is under some other no-fault compensation schemes (see, e.g., N.Y. INSURANCE LAW § 5102 (d) (McKinney 2000)), or should it be construed more broadly? Further, should ?physical harm? be limited to currently identifiable injuries? Can and should the program address latent, but not yet evident, harm? What documentation or other evidence should be required by the Special Master as to the claimant?s presence at the World Trade Center or physical harm resulting from the air crash? Moreover, what documentation or other evidence should the Special Master seek to verify theidentity of those lost for whom claims are filed? Finally, what duration of time is intended by the statutory phrase ?immediate aftermath?? Section 405(c)(2)(C) provides that the ?personal representative? of an eligible decedent is the appropriate person to file a claim on a decedent?s behalf. The Department seeks comment on whether a Departmental regulation or a statement of policy by the Special Master would be appropriate to clarify questions concerning personal representatives, for example: a.. Whether the Special Master should require that all those who consider themselves to be survivors of someone lost in the crashes be notified of a claim by a ?personal representative?; b.. Whether the Special Master should require that the ?personal representative? identify all those who consider themselves to be survivors of someone lost in the crashes and obtain from each a signed statement waiving the right to litigation prior to the acceptance of a claim; c.. Whether the Special Master can, within the brief statutory period identified by the statute, determine who among different claimants is the appropriate ?personal representative?; d.. Whether the Special Master should, in any matter involving a dispute as to the identity of the ?personal representative,? require prior adjudication and judgment by a state court of competent jurisdiction; and e.. Whether the Special Master should make determinations of compensation for claimants and escrow payment until disputes regarding the identity of the ?personal representative? can be resolved by a court of competent jurisdiction. Topic #6: Nature and Amount of Compensation. Section 405(b) of the statute indicates that the Special Master shall determine the amount of compensation based on ?the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant.? Yet each of the perhaps thousands of determinations must be made in a very short period of time. Moreover, such determinations should be founded on consistent and clear principles that treat each claimant fairly. The Department invites comments that identify the practical means to achieve these results all within the very short time period that Congress has permitted. Among other topics, the Department would welcome comment on whether and how schedules or statistical methodologies should be developed and used in reaching a determination for each claimant within the mandated time period. In addition, comments are welcomed on whether publication of such schedules or hypothetical or presumptive awards for classes of individuals would assist potential claimants in determining whether to file. Economic Loss: As indicated above, the Department is of the view that the Special Master should not require that any claimant employ any experts on economic or other theories of losses. It may therefore be appropriate for regulations to draw on available information from appropriate specialists in relevant fields to analyze economic losses. The Department invites comment regarding the necessary qualifications for such specialists, the data that should be utilized, the methodologies that should be employed in analyzing economic losses, the documentation that should be required for every claimant, and how state law should bear upon such determinations. In addition, the Department invites comments on how to address theeconomic losses of individuals whose lost future income streams would have been highly contingent, variable, or unpredictable. Noneconomic Losses: Section 402(7) lists several types of noneconomic losses that should be considered. The Department invites comments regarding whether, and in what manner, the Special Master can or should draw meaningful distinctions between individuals who died in different locations and, similarly, whether the Special Master can or should draw meaningful distinctions between individuals who suffered similar injuries. The Department also invites comments on whether the Department should issue regulations determining the amount of noneconomic loss for classes of similarly situated individuals or whether, instead, the Special Master should determine all noneconomic loss on a detailed claim-by-claim basis. Further, what facts and circumstances should be considered in determining noneconomic losses for each individual, and what standards should be employed? Collateral Sources: Section 405(b)(6) provides that the Special Master shall reduce the amount of compensation by the amount of the collateral source compensation the claimant has received or is entitled to receive as a result of the terrorist-related aircraft crashes of September 11, 2001. The Department invites comments on how to determine what constitutes a "collateral source" for purposes of this provision, and other related issues. For example, the Department appreciates the strong policy reasons for excluding charitable contributions from the definition of ?collateral sources? and invites comment regarding whether the Act indeed permits the Department to exclude such contributions from the definition. Similarly, the Department invites comments on whether "in kind" and/or material contributions could or should be considered collateral sources. Finally, the Department invites comments on how to determine whetherpotential future collateral source payments are ones that individuals are ?entitled to receive? for purposes of Section 405(b)(6). Fraud Prevention Measures The Department is committed to preventing and prosecuting any fraudulent attempts to collect from the Fund. The Department therefore invites comments regarding any measures that the Department should take to prevent and detect fraud. Other topics for comment The Department reiterates that it welcomes public comments on any and all aspects of the administration of the fund. Application of various laws and Executive Orders to this rulemaking. There are a number of laws and Executive Orders whose provisions may have implications for this rulemaking process. Due to the preliminary nature of this notice, it does not address these requirements. Nonetheless, the Department welcomes comments that will help it address the applicability of any laws or Executive Orders to future rulemaking under the Act. Dated: ____________________________ John Ashcroft Attorney General September 11 Email: Date The local time and date when the message was written. 2001-12-15 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 dojA002032.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. 2001-12-15 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 11:57 AM They are survivors 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 Irvine, 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 dojA003155.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