236 20 12614 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Sunday, March 17, 2002 10:56 PM gay victims I understand you think it is perfectly fine to discriminate against gay and lesbians victims of 9/11. You might as well be Osama because your mentally is terrorizing gays and lesbians every day.. Individual Comment New York, NY 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 dojR001685.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-17 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, March 13, 2002 1:00 PM Why Should We Care To whom it concerns, it has come to my attention that partners of gays and lesbians will not be eligible for any of the benefits for the 9-11 fund. This being while one of the of one of the planes was gay, who was lauded by Senator John McCain as a hero and others sacrificed their lives so you people can continue to sit in Washington, DC to discriminate against us even more. Why should we care about what happened when you think so low of us that you would even give benefits to illegal aliens while denying us the same. To us, there is little difference between you and the likes of Osama bin Laden. You both hate us, but only because your positions of power and in life are different, your ways of hurting us are different. This issue will not go away, because many of us will not let it. We are going to make it a major issue at gay and lesbian pride celebrations in June. I wonder if Osama bin Laden will know about how your are betraying your heroes. By this you widen an already existing wedge between some of the people you allegedly represent giving him at least a small victory. We are not amused. Yours, Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000647.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, March 19, 2002 9:56 PM UnAmerican Discrimination against gay people is unAmerican-why are we excluded? 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 dojR002276.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. Saturday, December 22, 2001 9:48 PM Fairness requested December 22, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Columbia, MO September 11 Email: Date The local time and date when the message was written. 2001-12-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN000768.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-22 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, March 13, 2002 10:01 AM 9/11Victim Fund To Whom it May Concern: Denying access of 9/11 Fund monies to gay and lesbian partners has got to be about the most insulting thing I have heard in the last ten years. And I realize with your position, you're not really "denying," you're only saying they may "not necessarily be eligible." Exactly who do you think you are kidding? We live in a time of great trials for America. Promoting this idea of second-class citizenship is an insult to the lives of all of those people who died. I realize that the concept of tolerance is not a concern for George W. as of late, but he is a busy man with a great deal on his plate. It is a concern for people like Kenneth Feinberg, who should be ashamed of themselves. New York has one of the biggest gay populations of any city in the world. There's even a book called 'The Gay Metropolis' tracing the history of the GLBT Population in New York. Sending a message like this to the people who have loved and supported New York is a message to us. You are telling us to hit the streets on this like ACT UP! used to, because you just don't think about an invisible minority. Shame on the lot of you. Individual Comment Phoenix AZ September 11 Email: Date The local time and date when the message was written. 2002-03-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000595.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. 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 Hermosa Beach, CA September 11 Email: Date The local time and date when the message was written. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA002276.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, March 25, 2002 5:42 PM OUTRAGED I am outraged and appalled to find out that the partners of gay and lesbian hero's will not be given compensation for the loss of their loved ones in the tradgic events that took place on September 11th 2001. Have you not realized that we are all human first! Individual Comment September 11 Email: Date The local time and date when the message was written. 2002-03-25 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 dojR002722.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. 2002-03-25 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, March 11, 2002 5:20 PM Unequal benefits selection process for Gay 9/11 survivors & victims My fellow Americans: If the news item, as published in About.com's 3/11/02 edition, by , is true (and I have seen no evidence to the contrary), then the Department of Justice is about to embark on a tragic miscariage of justice in forging policy and a response to Gay Americans (and perhaps non-American, illegal aliens) that survived or were victims of the terrible disaster of 9/11. As a proud, patriotic Gay American, I can scarcely believe that the DOJ would duck and cover behind any State law that might serve to block benefits payments to any victim, especially American citizens whether or not Gay. My God, how can any public servant honestly act in such an unfair and inhumane manner as outlined in the aforementioned article? As my personal effort to remember this horrific day that occured six months ago in Manhattan, I now write to you to declare my utter disatisfaction and moral outrage to any Federal (or State) proposal to not guarentee full victim and survivor benefits to all who were injured, harmed, robbed of kin and life partners or children in the WTC and Pentagon disasters of 9/11. Please remember that , , NYFD, and the of the airliner which was slammed into the Pentagon -- all Gay Americans -- gave their lives to defend us. Will you do no less for the rest of us? Sincerely, Individual Comment Portland, OR September 11 Email: Date The local time and date when the message was written. 2002-03-11 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR000253.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-03-11 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. 9 January 2002 To our Elected Officials: In the immediate aftermath of the tragic attack of September 11th upon our nation, Congress enacted the Victims' Compensation Fund of 2001 P.L. 107-42, to compensate the relatives of the victims of that brutal attack. As you know, this Fund was enacted as part of a comprehensive package which bailed out the airlines industry and imposed restrictions on the rights of the victims' relatives to sue the airlines in court. We implore upon you, as our elected officials, to demand changes to the interim rules issued by Kenneth Feinberg, the Special Master. As it stands, Mr. Feinberg's self-imposed rules fail to satisfy the letter or the spirit of the legislation which was enacted. Specifically, we request that you act on our behalf and demand the following changes to the interim rules: 1. The arbitrary income limits imposed by the Special Master are not only unfair but also inconsistent with the letter and the spirit of the law. Those victims from the financial industry are specifically harmed by this limit. They were targeted and murdered precisely because of the jobs they held, and where they worked-the World Trade Center, the Financial Capital of the world, the embodiment of financial success. Those who achieved such success should see that reflected in their awards. They personified American Business and commerce, democracy and freedom. We ask that you demand that Mr. Feinberg lift the arbitrary income limits so that each family can be treated fairly, commensurate with the support they provided their families before their death. 2. Mr. Feinberg has arbitrarily restricted the non-economic awards for pain and suffering, no matter what the extent of the pain and suffering. This is unacceptable. In the words of Rep. Peter King, "...every death is tragic, A murder is particularly tragic. But to have your loved one murdered in a burning building in full view of the world - in a scene which will be repeated in the media for decades to come-is a horror these families will never escape form... The Special Master cannot take it upon himself to restrict the rights of the families." Therefore, we request that the interim rules be amended to more appropriately compensate the victims' families for the immeasurable pain and suffering endured by our loved ones. As Mayor Giuliani stated in his farewell address: "we have an obligation to the people who did die... Their families need to be protected just as if they had been alive, financially and every other way that we can help and assist their families...There should be no compromise account that ever..."We request that the interim rules be amended and redefined to the extent that income caps be removed when computing economic loss and that compensation for pain and suffering more accurately reflect that horror which was suffered. Justice demands no less. Sincerely, Individual Comment Bronx, N.Y. September 11 Email: Date The local time and date when the message was written. 2002-01-31 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 dojN002460.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. 2002-01-31 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 07, 2001 12:49 PM "September 11 Victim Compensation Fund" I am writing on behalf of the Sunshine Cathedral and its 1000+ congregants to urge you 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." Justice is only served when all families -- including 'alternative' families i.e. gay, lesbian, etc. -- impacted by September 11th tragedies are treated with equality. Individual Comment Fort Lauderdate, FL September 11 Email: Date The local time and date when the message was written. 2001-12-07 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 dojA001290.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. 2001-12-07 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. January 15, 2002 Kenneth R. Feinberg, Esp., Special Master and Kenneth L. Zwick, Director Office Management Programs, Civil Division U.S. Department of Justice Main Building, Room 3140 950 Pennsylvania Avenue, NW Washington, D.C. 20530 Re: September 11th Victims' Compensation Fund Program Dear Mssrs. Feinberg and Zwick: I am the brother of &nbsp&nbsp&nbsp&nbsp . My brother, &nbsp&nbsp&nbsp&nbsp worked at &nbsp&nbsp&nbsp&nbsp on the &nbsp&nbsp&nbsp&nbsp floor of &nbsp&nbsp&nbsp&nbsp World Trade Center and perished in the attack. I have the following comments and questions which seek to clarify the benefits and problems with the fund program, particularly for those in the same situation as my brother, &nbsp&nbsp&nbsp&nbsp . Some of these comments were also presented orally to Mr. Feinberg at the meeting arranged with the &nbsp&nbsp&nbsp&nbsp survivors. 1. My first series of questions deal with barring further suits for those who apply for the fund. (1) Does the act bar suits against the Al-Queda Organization and Taliban Government as potential defendants who were active aggressors in this connection with this attack and who may have funds frozen by the U.S. Government? The act and regulations should clarify this point. (2) It appears that the constitutional ground upon which the Federal Government can bar the victims' families from asserting State Law claims of negligence and breach of contract after they have accrued, in other words, ex post facto, is tenuous at best. The constitutional basis to do so should be clarified. (3) I note that the regulations state that there can be "no further review or appeal" from the Special Master's determination. See CFR, Sec. 104.33(g). This means that if one submits the Track A written documentation or attends a Track B hearing, once a determination is received, there is no further avenue of appeal for the claimant. In return for this, the claimant is waiving any right to sue in a court of law, with a jury of their peers and the right to appeal. It is unfair to prevent some sort of avenue of appeal for claimants. Essentially, this lead to the result that, once a claimant has gone down that road, they are stuck with whatever they get. You should ameliorate this apparent unfairness. 2. The next series of questions deal with use of and possible variation from the Presumed Economic and Non-Economic Loss Tables. (1) If an applicant selects "Track B" in which a hearing is held, that the applicant can submit supplemental information prior to the hearing after receiving a Notice of Eligibility. It appears that the regulations allow this. The regulations should provide guidance on what kinds of supplemental information can be given prior to the hearing. (2) The regulations refer to submission of proof of "extraordinary individual circumstances" but does not define that term. The regulations should give guidance on this. (3) There is language in the commentary which states, in words of substance, that the wealthiest or highest paid may not necessarily receive the highest awards because "multi-million dollar awards out of the public coffers are not necessary to provide them with a strong economic foundation from which to rebuild their lives." However, consider the following scenario. Many of those who died were not the wealthiest , but were professionals who demonstrated substantial future earnings potential. I would consider my brother in this category. His earnings were in the six figures and were increasing exponentially each year. He was also receiving recognition in the financial press and slowly becoming a recognized analyst in his area. Without necessarily analyzing his particular situation, but using him as an example because many, many people who worked at the World Trade Center and the financial firms located there were in similar situation--young, up-and-coming high earners, who were clearly in the situation where they would only be earning more in future years--doesn't this present a situation which must be taken into account in the analysis of future earnings. In furtherance of this, I note that under the Presumed Economic Loss Table, his widow would be entitled to approximately $1.6 million. However, a wage earner in his situation could earn $1.6 million in a relatively short period of time, e.g., 3-5 years. Given the circumstance, wouldn't that present "extraordinary or unusual individual circumstances"? That is, the demonstration of substantial potential for future earnings while currently earning a solid six-figure income. This is an important question because there are so many people in similar circumstances. (4) What is the process, if any, for evaluation of intellectual property which the deceased may have owned, but been unable to capitalize on because of their premature death? For example, trademarks owned by an individual under which an individual was going to establishing a business? I hope that you have found these questions useful in defining what your role will be. Your analysis and answers to these very important questions will affect the future lives of the individuals involved, for many years to come. I look forward to the pleasure of a reply. Very truly yours Individual Comment Chestnut Ridge, NY September 11 Email: Date The local time and date when the message was written. 2002-01-15 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002442.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-01-15 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Sunday, January 20, 2002 5:38 PM Public Law 107-42 Attachment 1: January 18, 2002 Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice Main Building Room 3140 950 Pennsylvania Avenue Washington, D.C. 20530 Dear Mr. Zwick: Pursuant to the directive on the Department of Justice website, we are forwarding these comments on the interim final rule implementing Public Law 107-42. We currently represent one of the decedents who perished on American Airlines flight 11 on September 11, 2001. Initially, we commend the expeditious passage of the law and the prompt promulgation of the regulations and rules. The process involves a detailed analysis of the applicable laws and statutes, and provides the foundation for expediting recovery on behalf of many of the victims and their families. In reviewing the "interim final rule," we did note several subject areas that warranted comment and/or question in order to assist the practical implementation of the provisions of the Act: · There appears to be some ambiguity in specifying when a hearing can be requested before the Special Master. In some sections, it appears that there is a presumptive right to a hearing, whereas others state that there may be a hearing, if requested. Please verify at what stages the hearing process shall take place. · Based on the current rules, it appears that the filing of a claim constitutes a waiver of the right to bring a civil action. For the benefit of the Special Masters and the victims, it would be helpful to provide a preliminary screening hearing for the victim or a personal representative. This will enable them to properly evaluate the viability of their claim under the Act prior to waiving the opportunity for a third party action. · The collateral source rule has come under serious scrutiny. Collateral sources now include life insurance, pension funds, death benefit programs and other government payments. Based on the financial circumstances of many victims and their families, this provision will substantially reduce and/or eliminate their eligibility for any recovery under the Act. We suggest that the collateral source rule be amended so as to provide that the first $1 million recovered from a collateral source by a victim or his/her family be immune from deduction from the overall award. Only those amounts which exceed $1 million in funds from collateral sources shall offset the award. · The subject of federal and/or estate tax is not covered under the rule. The rules do state that, similar to personal injury recoveries, amounts recovered under the Act will not be subject to IRS income tax provisions. However, in order to determine the viability of filing a claim, applicants need to know whether the award they receive shall be subject to estate tax or shall be provided directly to the appropriate beneficiaries. · Numerous tables were prepared with the proposed rules, including the amount of recovery for individuals who are married, with or without dependents, etc. These estimates were provided in 5-year intervals and larger intervals for annual income. There needs to be a clarification as to the treatment for those whose age falls between the 5-year intervals and income is between the included intervals. Hopefully, these comments, questions and answers shall be useful, not only for us, but for your department in amending, where appropriate, the current rules prior to commencing the filing of claims. If either of us can be of assistance to you in this regard, please feel free to contact us. Very truly yours, Individual Comment Wellesley Hills, MA September 11 Email: Date The local time and date when the message was written. 2002-01-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002135.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. 2002-01-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Saturday, January 26, 2002 10:10 PM Denver Rocky Mountain News story I've read the story in our paper about ugly emails aimed at families of 9-11. I cannot imagine making anyone feel badly about getting financial help in overcoming the losses these people have suffered. I can imagine, however, keeping an eye on the fund administrators and our own government in the distribution of these funds. I want to see - on hard paper, how much has gone into this fund from all sources, and how much has been distributed to the families. I think this should be shown in the newspapers as well. Individual Comment Denver, Colorado. September 11 Email: Date The local time and date when the message was written. 2002-01-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojP000189.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. 2002-01-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 11:12 AM september 11 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 East Lansing, MI 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 dojA003078.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 10:21 AM Victims Relief December 19, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Houston, TX September 11 Email: Date The local time and date when the message was written. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA002964.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, March 27, 2002 5:00 PM A shameful blot on the memory of all victims The decision to award compensation to virtually everyone BUT the surviving partners and children of gay men and lesbians is a dark blot on the memory of all who lost their lives on Sept. 11th. It is uncharitable, un-American, and unforgiveable. We hear a lot of rhetoric about so-called "special rights." Is this a "special right"? -- to be treated the same and mourned the same and to die the same as the thousands of other victims, but to be denied the same access to help with the rent, with the electric bill, with the funeral expenses, with the costs of carrying on when your partner and primary breadwinner has been murdered? Is this what George W. Bush meant when he talked of "compassionate conservatism"? Sure looks like the old-fashioned heartless and bigoted kind to me! Isn't it ironic that Osama Bin Laden would likely agree with such a policy? Please, put some common decency back into your deliberations and find a way to provide help and compensation to ALL those who lost their loved ones on Sept. 11th. Individual Comment Washington, DC September 11 Email: Date The local time and date when the message was written. 2002-03-27 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojR002767.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. 2002-03-27 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, November 21, 2001 2:53 PM AIA's Comments in Response to Notice of Inquiry Dear Mr. Zwick, Attached are the comments of the American Insurance Association, a national trade association representing property casualty insurance companies. We appreciate the opportunity to participate in the policy-setting process for this very important undertaking. We wish you and your family a wonderful Thanksgiving. Attachment 1: November 20, 2001 BY E-MAIL (victimcomp.comments@usdoj.gov) Kenneth L. Zwick Director, Office of Management Programs Civil Division U.S. Department of Justice Main Building Room 3140 950 Pennsylvania Avenue, N.W. Washington, DC 20530 Re: Comments - Department of Justice Notice of Inquiry and Advance Notice of Rulemaking - September 11th Victim Compensation Fund of 2001 - 28 CFR Part 104 (published in Federal Register, Vol. 66, No. 214, Page 55901-55905) Dear Director Zwick: The American Insurance Association ("AIA") appreciates this opportunity to provide comments on the implementation of §§ 401-407 of the Air Transportation Safety and System Stabilization Act ("Act"), otherwise known as the "September 11th Victim Compensation Fund of 2001." ("Fund"). AIA is a national trade association representing more than 370 property and casualty insurers that write all lines of property and casualty insurance in every jurisdiction in the United States. Their U.S. premiums exceed $87 billion each year. Because of our members' business, we are uniquely positioned to assist the Department of Justice ("Department") with the administrative and substantive matters discussed in the November 5 Federal Register Notice. These comments will focus on a number of the substantive issues raised in that Notice, and we will address administrative issues under separate cover. The purpose of the Fund is to provide compensation to individuals (or relatives of deceased individuals) who were physically injured or killed in the September 11, 2001 terrorist attack, arguably the single most horrific and tragic event in United States history. In the aftermath of this tragedy, there has been an unprecedented outpouring of support for the victims and their families and a new trust and confidence among Americans in our government. As a policy expression of this Administration, the Fund presents an opportunity to cement the Federal Government's renewed bond of trust with the American people and to handle the delicate compensation matters presented with compassion, fairness, and efficiency. We believe that the success or failure of the Fund will depend on whether it is perceived as a fair, compassionate and efficient compensation scheme that will garner public support and avoid recourse to the courts. This was our objective as we prepared the comments and suggestions that follow. Comments Page 55902 - Consequences of Statutory Requirement of Withdrawal from Civil Action Where Claimant is Determined to be Ineligible under the Fund Section 405(c)(3)(B)(ii) of the Act does not preclude individuals who withdraw from a pending civil action within 90 days after promulgation of the regulations from later participating in litigation if the Special Master determines that they are not eligible for the Fund. The various provisions of subsection 405(c) need to be read together, not in isolation. According to subsection 405(c)(1), to be eligible for compensation from the Fund, one must satisfy two conditions: (1) be an individual described in subsection 405(c)(2) (i.e., determination of eligible individual) and (2) satisfy the limitations described in subsection 405(c)(3) (i.e., determination of eligibility for compensation). One of these subsection 405(c)(3) limitations is the withdrawal from pending civil actions within 90 days following rule promulgation. Thus, when both conditions are satisfied, the eligibility determination process is complete. To preserve the integrity of this process while remaining mindful of the statutory 90-day time period for withdrawal, the Department should mandate the following procedure for individuals involved in pending civil litigation. First, an individual will not be reviewed for eligibility under subsection 405(c)(2) absent evidence of conditional withdrawal from pending litigation, such as the attachment of a notice of dismissal without prejudice or the filing of an equivalent stipulation. Second, a determination that the individual meets the subsection 405(c)(2) conditions should trigger the filing of an unconditional withdrawal from pending actions (i.e., notice of dismissal with prejudice), which, when submitted, will permit the Special Master to review the submitted claim and determine compensation under subsection 405(b). Third, if the Special Master should determine that the individual does not satisfy the subsection 405(c)(2) conditions, that individual can then refile any previously-dismissed action because that dismissal was accomplished without prejudice. Page 55904 - Claimant eligibility (Topic #5) The Department has requested comment on the scope of certain terms in subsection 405(c)(2) used to determine the eligibility of individuals. These scope issues include: What does it mean to be "present" at one of the three crash sites? What are the parameters of suffering "physical harm" as a result of the crash? What is "in the immediate aftermath" of the crash? We believe "to be present at" and "in the immediate aftermath" mean to have been in the zone of danger on September 11, and for rescue workers only (both paid and volunteer) on subsequent days throughout the duration of the rescue period involved in the direct rescue effort during the rescue period (as opposed to the recovery period). Collectively, these two groups would be those individuals that were present at the crash sites or in the "immediate aftermath" of the crashes. The physical harm suffered by these individuals and compensable under the Fund must involve tangible injury to the body and resulting psychological injury, not mental injury alone or mental injury that results in physical consequences. We stress that the Fund was not created to respond and compensate everyone who was impacted in the United States, but only those September 11 victims who directly suffered physical harm or death flowing from the terrorist-related crashes. "Physical harm" should not be limited to serious injuries, but should include all physical injuries requiring compensation. The citation to New York Insurance Code section 5102(d) should not limit the scope of the Fund to serious injuries. Under New York no-fault law, severity of injury is the threshold to tort litigation, not the ground for eligibility for compensation. As such, it is an inappropriate comparison to the Fund. However, the Fund should be limited to currently identifiable (as opposed to latent) physical injuries, as the Fund is statutorily limited to a prescribed time frame and inclusion of latent injuries may violate these restrictions and extend the Fund's reach unnecessarily. Page 55904 - Personal Representative A precursor to clarifying requirements for the "personal representative" is to define the group of eligible survivors for whom the representative will speak. Section 403 states that the purpose of the law is to "provide compensation to any individual (or relatives of a deceased individual)..." Survivors eligible for compensation, then, are presumptively limited by the Act to relatives of the deceased. State wrongful death laws generally further limit beneficiaries to the decedent's current spouse, dependent minor children, children between the ages of 18 and 23 if enrolled full-time in an educational program, and parents (if they were financially dependent on the decedent for more than one-half of their care). State precedent is compatible with the Act, and we recommend that the Fund adopt this definition of eligible dependents. In some cases, a decedent will have been unmarried and have no eligible dependents. The Fund has a variety of options it may wish to consider in these cases, including making a contribution to the decedent's estate or making an award in the decedent's name to a memorial fund for all victims of the tragedy. The obligation for determining the rightful representative of the survivors must rest with the survivors, not with the Fund. That representative may be any individual of legal age and competence selected by the survivors, including a spouse, adult child, unmarried partner, relative, or fiduciary. As part of the claim application process in all death claims, the applicant should be required to submit the identifying information of all eligible survivors, along with signed statements from each acknowledging their acceptance of the applicant as the decedent's personal representative and their understanding that they are waiving their right to litigation upon determination of Fund eligibility. It is not the role of Fund administrators to select a personal representative among competing claimants. Rather, all competing claims should be rejected until the dispute is resolved outside the aegis of the Fund. While the Fund should avoid naming the personal representative, any proposed regulations should invest that representative, once named, with complete and exclusive authority to file the claim for all of the decedent's economic and noneconomic damages, and give the representative the responsibility of distributing those damages among the estate and eligible survivors as specified in the award. The regulations should clearly state that the personal representative acts on behalf of the decedent's estate and all eligible survivors. Page 55904 - Nature and Amount of Compensation - Economic and Noneconomic Loss; Treatment of Collateral Sources (Topic #6) Economic Loss Economic loss, as defined under state law, includes lost income, the cost of medical diagnosis and treatment, costs of vocational and occupational rehabilitation, in-kind services provided at the home, medical equipment, transportation needs, and costs to accommodate physical disability. To calculate future economic losses, we recommend that guidance be solicited from respected economists within an academic setting, who are acknowledged experts in this field. These advisers can develop guidelines for computing future income potential, as well as criteria for determining the projected cost of personal support that is customarily deducted from future income. Competent and credible guidance on future medical costs can be obtained in consultation with experts at the rehabilitation facilities around the United States that comprise the National Institutes of Health's ("NIH") regional spinal cord and brain trauma centers. Noneconomic Loss Pain and grief do not vary by income strata or occupation, and the Fund's approach to compensating for non-economic loss should implicitly recognize this reality. Compensation guidelines should also be consistent with democratic principles of equality under the law. We therefore recommend that ranges be established, differing by type of claim, to compensate for non-economic damages. For example, in a death case, $100,000-$125,000/year might be paid to a surviving spouse for the decedent's life expectancy. For a severe injury, the range per year might be $200,000-$250,000 in recognition of the extraordinary pain the individual will experience throughout his or her lifetime. Ranges are preferable to fixed amounts in order to create the flexibility necessary to respond to special circumstances. Establishing guidelines for non-economic loss will allow individuals to make an informed election on whether to pursue a claim with the Fund or file litigation. It also minimizes disputes during the claim process and speeds the process. In wrongful death actions, a commonly recognized element of damage is the decedent's pain and terror before death. Without doubt, most who died in the September 11 attacks must have appreciated that they were in mortal peril. In recognition of this horror, the Fund may wish to award a set amount to all such victims, regardless of their location at the moment of death (i.e., on one of the airplanes or on a particular floor in the World Trade Center or Pentagon). We do not advise differentiating among decedents based on the particular circumstances of their death. Amassing the elaborate proof and incurring its cost would unnecessarily burden claimants, prolong the claims process, virtually require claimants to obtain counsel, and obligate the Fund to verify, and at times counter, this proof. Surely the Fund administrators do not wish to subject survivors, nor embroil themselves, in demonstrations and contests of minute-to-minute terror and pain. Examination on these issues at trial is one of the drawbacks of litigation and, conversely, one of the benefits of proceeding in a no-fault compensation system like the Fund. Collateral Sources AIA recommends that the Fund designate the following as deductible collateral sources: (a) life insurance and pensions (as modified by our suggestion below), (b) workers' compensation benefits, (c) health insurance and (d) disability insurance. Collectively, they constitute the largest percentage of collateral funding likely to be available to victims, and can be verified relatively simply. This approach preserves and protects the Fund's limited assets. In the case of workers compensation, it has the added virtue of reinforcing employers' statutory subrogation rights by leaving undisturbed this state compensation scheme. We recommend, however, that the Department not include charitable and in-kind contributions as collateral sources. It is likely to be extremely difficult to verify the amount of charitable donations, which may be provided to victims from a variety of sources, including individuals as well as charitable entities. In contrast to life insurance and the other recommended collateral sources, charitable donations are likely to represent a comparatively small portion of the funds available to victims. While substantial amounts have been collected by charities, some of these groups may be donating funds to a broader category of victim than is contemplated by the Act (those who were laid off as a result of the tragedy, for example). Moreover, it is likely that donors of the charitable funds did not expect that those funds would replace compensation that the victims would otherwise be entitled to receive. Indeed, including charitable funds as a collateral source would create a disincentive for a victim to utilize the Fund when such donations might not be deducted from an award in litigation. If the Department decides that charitable contributions should be included, they should be included only above a fairly high amount, such as $250,000. The Department should deduct collateral sources only from the economic loss calculation, not the gross value of the claim. No category of collateral source listed in Section 402(4) is intended to offset noneconomic loss. Further, our position on this issue is consistent with New York's statute on collateral source deductions in personal injury, property damage, or wrongful death cases. See McKinney's CPLR § 4545(c). Under New York law, in such cases, the court must reduce the amount of any economic loss damages award where the economic loss will, with reasonable certainty, be replaced by or indemnified from any collateral source, such as health insurance benefits (minus those collateral sources that are liens against any recovery of the plaintiff). Finally, while the Act decrees that life insurance and pensions be considered collateral sources, deducting the full value of these assets will be controversial. A middle ground that might be considered is the deduction of only the value of these assets that were funded by a victim's employer, disregarding pension and life insurance assets paid for by the victim. Summary and Conclusion As noted above, these comments focus on substantive issues identified by the Department in the November 5 Federal Register Notice, and our comments on the procedural and administrative aspects of the Fund will follow under separate cover. Our recommendations can be summarized as follows: Per the Act, eligibility for compensation from the Fund should depend on two factors: (a) eligibility as an "individual" under subsection 405(c)(2) and (b) waiver of (or withdrawal from) civil suits under subsection 405(c)(3); Individual eligibility under subsection 405(c)(2) should be extended to those individuals who (a) were physically injured (regardless of severity) or killed as a result of the crashes (b) at one of the three crash sites or within the designated zone of danger (c) on September 11, 2001. Volunteer or paid rescue workers meeting the first two factors would also be eligible if they were physically harmed or killed during the subsequent rescue period. For those killed in the attack, survivors potentially eligible for compensation may be limited to those beneficiaries recognized by state wrongful death laws, but the Department should consider compensation awards to those unmarried decedents that have no state-recognized dependents. The Fund should avoid designating a personal representative for survivors, but should not deem a claim to be fully submitted until that representative has been agreed upon. Regulations, however, should make it clear that the personal representative has exclusive authority to file a claim and to distribute proceeds according to the Fund's determination, and that the representative speaks both for the estate and all eligible survivors. Economic losses should be based on guidelines developed by qualified, respected economists. Guidance on future medical costs for victims requiring this form of compensation can be supplied by experts at NIH-recognized regional rehabilitation facilities. Noneconomic loss awards should follow ranges identified in compensation guidelines that differ based on the severity of the physical harm incurred. Amounts awarded for decedents' pre-death pain and suffering should not differ. Part of the value of the Fund's no-fault mechanism is the avoidance of lengthy, contentious, and counterproductive evidentiary battles that will inevitably take place should certain claims proceed outside the Fund. Collateral sources should be limited to major funding sources that can easily be verified. Consistent with New York statutory law on collateral source deductions, the deduction should be applied only against economic loss compensation. Our recommendations are made with one eye towards ensuring that the Fund provides a fair, compassionate, and efficient alternative to litigation and with the other eye towards achieving a balance between the civil justice system and a no-fault compensation mechanism. We urge the Department to keep these goals in sight when developing proposed regulations to establish and carry out Sections 401 through 407 of the Act, and AIA looks forward to continued service as an experienced resource in this process. Please do not hesitate to contact us with any questions, and we will not hesitate to contact you should we have any additional input that might prove valuable to the success of the September 11 Victims' Compensation Fund. Respectfully submitted, /s/ Comments By American Insurance Association Washington, DC September 11 Email: Date The local time and date when the message was written. 2001-11-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000475.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-21 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, November 26, 2001 5:42 PM September 11th Victims' Compensation Dear Attorney General Ashcroft, The deaths on September 11th were the result of an attack on America. Please do not discriminate against the unmarried partners of September 11th victims. All unmarried partners, gay or straight, young and old and their dependents should be eligible for compensation. Individual Comment San Diego, CA September 11 Email: Date The local time and date when the message was written. 2001-11-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000674.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. 2001-11-26 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. December 14, 2001 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 To Mr. Feinberg: I am writing to urge you to ensure fair treatment for all surviving families of the tragedy on September 11th, including the children and families of low-wage workers and gay and lesbian families. Under traditional rules based on lost wages, the survivors of a bond trader earning millions of dollars per year might receive thousands of times as much compensation as the survivors of a dishwasher in one of the restaurants destroyed. Justice requires looking far beyond the last paycheck to the inherent worth of all those killed, so that a high minimum compensation level is set to lessen the disparities. It would be a double blow to the survivors to first lose their loved one and then watch as most of the taxpayer money went to those who were already well off in the first place. The second major issue has to do with recognizing the legitimacy of gay and lesbian relationships and families. Gay and lesbian families are especially vulnerable when one partner is killed. Because the option of marriage is unavailable, these families may find themselves in the traumatic predicament of having to prove that their union is legitimate. Fortunately, both the Red Cross and the State of New York have already announced that they will not discriminate against gay and lesbian families. The Department of Justice should do the same. Thank you for considering my comments. I look forward to hearing how you will act on these very important issues. Sincerely, Individual Comment Oak Park, IL September 11 Email: Date The local time and date when the message was written. 2001-12-14 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA004486.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-14 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Thursday, March 21, 2002 3:44 PM Victim benefits to gay Americans Mr. Fienberg, I am horrified by how poorly the gay survivors of loved ones killed in the terrorist attacks of 9/11 are being treated. I am disgusted that our government could respond to their plight in such a callous and cruel manner, and that those responsible for administering the millions and millions of dollars of aid -- designed to protect these victims from such additional tragedies as the loss of their homes, etc. -- could be willing to disenfranchise American citizens based on their own personal bigotry. You undermine our ability to declare the U.S. any kind of world-wide moral authority or beacon of individual freedom and civil liberties when you continue to treat gay Americans as second-class citizens and less worthy of your concern or support than heterosexual Americans. Whatever your personal feelings around the issue of homosexuality, there are hundreds of gay people who were profoundly and tragically impacted by the events of that horrible day. As fellow Americans, they deserve as much of your sympathy and support as their heterosexual counterparts have recieved. I will be watching this issue closely and will be communicating with my federal representatives and urging them not to allow this kind of blatant bigotry to factor in to benefits to survivors. Sincerely, Individual Comment Van Nuys, CA. September 11 Email: Date The local time and date when the message was written. 2002-03-21 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 dojR002598.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. 2002-03-21