572 20 70359 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Thursday, December 20, 2001 12:05 AM equal access for gay/lesbian partners December 20, 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 Carrboro, NC September 11 Email: Date The local time and date when the message was written. 2001-12-20 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 dojA004041.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. 2001-12-20 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 12, 2001 9:23 PM victim's compensation Dear Mr. Zwick: I am writing in response to the Department's request for public comments regarding the forthcoming regulations for implementing and administering the "September 11 Victim Compensation Fund." I strongly urge the Department of Justice to draft regulations that do not exclude the families, committed partners and non-biological children of lesbian and gay victims. I don't think I need to remind you that one of the heroes on Flight 93 was a gay man with a family. Republican Governor Pataki recently signed legislation to prevent such discrimination in compensation in the state of New York. In this nation's time of crisis, the last thing we need to do is say that some victims are more legitimate and deserving of compensation than others. We need to pull together to support all victims of terrorism, not create divisive rules that pick and choose which families are worthy and which ones are not. Such practices and legislation would fly in the face of what it means to be an American, and insult those survivors who have already been through so much hurt and turmoil. I only hope the Department of Justice will live up to its name and ensure fair compensation legislation to honor ALL American victims in their death, regardless of how they lived their life. Sincerely, Individual Comment South Pasadena, CA 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 dojA001528.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. Wednesday, November 07, 2001 1:43 AM Sept 11th victim fund All the movie stars petitioned to the public to donate money to the victims fund. Everyone who sent money in, gave with the sole purpose of assisting the victims personally. Not for charities other expenses. By charities accepting this money and not dispensing as intended; could this not be considered fraud? Individual Comment San Diego, CA September 11 Email: Date The local time and date when the message was written. 2001-11-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojW000346.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-11-07 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 1:19 AM equal benefits December 19, 2001 Dear Mr. Kenneth Zwick, I write as a member of Amnesty International, a worldwide human rights movement committed to ensuring respect for the basic human rights of people without discrimination, in support of equal access to benefits under the September 11 Victims Relief Fund for all victims, regardless of sexual orientation or marital status. As you know, the United States has committed to uphold international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which prohibit arbitrary discrimination. As you consider rules for administering the relief fund, I ask that you apply basic international human rights standards, and the general principle of equality, by including among relatives eligible for compensation those who lost their life partners, as well as de facto parents or children, without regard to sexual orientation or marital status. The State of New York has already adopted such a policy, granting compensation benefits "on a showing of mutual interdependence with the victim, in recognition that anyone who shared with the victim living expenses, day to day activities and the emotional bonds of family deserves help in this time of need." Many lesbian and gay people were killed in the September 11th attacks. Since then, lesbian and gay surviving partners of those killed have had mixed results in obtaining equal treatment at the local level in the distribution of relief funds by private and state agencies. An inclusive policy on the part of the federal government would help establish an important principle for other such funds. In compensating victims, real justice will be served only when all families - and all types of families - impacted by the human rights tragedy of September 11 are treated with dignity and equality. Thank you for considering my concerns. I look forward to hearing from you about your efforts to ensure that all surviving victims of the September 11 attacks have equal access to the relief fund. Sincerely, Individual Comment Oak Ridge, TN 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 dojA002457.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. January 19, 20002 Honorable John Ashcroft Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 Dear Mr. Ashcroft: We submit these comments to you on the Interim Regulations for Implementation of the "September 11th Victim Compensation Fund" (Air Transportation Safety and System Stabilization Act, Public Law 107-42) on behalf of the New York State Trial Lawyers Association (NYSTLA). The Fund was established as an alternative to bringing a civil action against any parties (other than the terrorists who perpetrated this crime) whose negligent conduct may have resulted in the failure to prevent this crime or may have worsened the harms that occurred. At NYSTLA, we are deeply and personally aware of the huge scale of the September 11th attack and its devastating effects. As we noted in our first set of comments, some members of NYSTLA"s staff witnessed the World Trade Center attack and were near the towers when the attacks occurred. When the towers collapsed, we opened our doors to people who were fleeing from the dark cloud of dust, shepherding them into our legal education classroom so that they could drink some water to help recover from the smoke and try to call their loved ones. Day after day thereafter, we watched the rescue and recovery workers returning to the site to carry out their difficult and often hazardous labors. We are deeply concerned for the plight of the families and rescue workers affected by this atrocity. We believe it is critical to ensure that this program provides the full relief contemplated by Congress and includes the full range of victims of the attack for whom Congress intended to provide this relief. As you know, NYSTLA has been at the forefront of an unprecedented pro bono effort to help September 11th victims and their families. We have been working closely with the Association of Trial Lawyers of America (ATLA) to make sure that any eligible person who is considering making a claim under the Fund has access to skilled, experienced, free counsel to provide advice regarding whether or not the Fund is that person's best option and free legal representation in bringing a claim under the Fund if that is the person's choice. All attorneys volunteering for this work meet strict qualifications for experience and training and have pledged not to represent any September 11th victim for a fee either in a claim against the Fund or in any lawsuit. These new comments again focus on two key questions: who is covered by the Fund, and how compensation will be determined. WHO IS COVERED BY THE FUND At the outset, we would like to express concern that the interim Regulations and Eligibility Form require any individual who submits an eligibility form requesting advance payment to waive his or her right to bring a civil action-before the Special Master has even determined that the person is eligible for the Fund. The statute requires such a waiver only for those claimants who apply to the fund. An eligibility form is not an application, and it is entirely unfair to require people to waive their civil justice rights even if they are found to be ineligible. This leaves the injured person with no remedy at all. We urge the Department to revise its Interim Regulations to establish that a person's civil justice rights are not waived until the person is found eligible. We also urge the Department of Justice to revise its Interim Regulations to ensure that the FUND covers: (1) all of the people who were physically injured as a result of the destructive force of the plane crashes and the collapse of the towers, and (2) the rescue and recovery workers who were injured while carrying out their heroic and difficult work. We believe that Congress intended that the Fund would cover all people who were physically injured or killed as a result of the terrorist attack. (1) Coverage of the People Who Were Outside the Towers We are pleased that the definition of "present at" includes "any area contiguous to the crash sites that the Special Master determines was sufficiently close to the site that there was a demonstrable risk of physical harm" (Section 104.2[e]), As we noted in our prior comments, because the towers were so extraordinarily tall and because the planes hit with such extreme force, the impact of debris was much more widespread than one might ordinarily assume. This definition is reasonable and appropriate. (2) Coverage of People Who Were Physically Injured Unfortunately, the Interim Regulations define "physical harm" so unreasonably that people who suffered injury may be denied relief, contrary to the pain intent of Congress, Under Section 104.2(c) of the Interim Regulations, no injured person is eligible for compensation unless the person was treated by a medical professional within 24 hours of injury or rescue. This arbitrary definition could exclude people for several reasons: People who suffered injury may have been too concerned about the safety of their children to seek medical care for themselves, and may have gone home or to their child's school to ensure that their children were safe, putting off their own necessary medical care until the next day. Others might simply have been in too much shock to recognize or cope with their own injury immediately. - Still others might not immediately have known that they were injured. Some medical conditions-such as brain injuries, herniated discs and compression fractures-may not become apparent for weeks after the injury itself occurred. Section 104.2(c) of the Interim Regulations further require that the injured person must have been hospitalized as an in-patient for at lest 24-hours, or else have suffered temporary or permanent partial or total physical disability, incapacity or disfigurement. Both requirements are in appropriate. The requirement of 24-hour hospitalization is unrealistic and out-dated, because: - many conditions today are no longer treated in hospitals but in doctors' offices, clinics or other facilities; - hospitals today send people home within a few hours even after performing surgery; and - on September 11th, many hospitals were trying to clear beds in the tragically mistaken belief that they would be flooded with injured people (instead, most of the people who did not escape injury died). Unfortunately, the alternative requirement of disability, incapacity or disfigurement fails to make this Interim Regulatory provision reasonable because it is too narrow. People can suffer physical injuries that are extremely painful without being disabled, incapacitated or disfigured. It would be harsh, unfair and contrary to the intent of Congress to deny such people compensation under the Fund. The requirement that the Physical injury "must be verified by contemporaneous medical records created by or at the direction of the medical professional who provided the medical care" (Sections 104.2[c][2] and 104.21[3][iv]) is unfair and unrealistic, especially under the conditions of crisis that existed on September 11th and 12th (3) Coverage of the Rescue and Recovery Workers The statute covers those injured during the attack and in the "immediate aftermath." We all know that immediately after the attack, heroic and seemingly tireless ironworkers, firefighters and other rescue and recovery workers rushed to the site to try to recover any surviving victims or, for the peace of mind of the bereaved families, the bodies of loved ones. This work, tragically, took much longer than most of us probably expected, in part because the site remained so hazardous for such a long period. It was reportedly, the longest burning building in American history. Until only just a few weeks ago, t he site was still hot and smoldering. The people who continued, with truly inspired dedication, to perform that heart- breaking recovery work must not be left without compensation for harm that they suffer while performing this hazardous yet necessary task. Unfortunately, Section 104.2(B) of the regulations defines "immediate aftermath" to terminate just 96 hours after the crashes. We believe that Congress Intended to include the courageous and dedicated rescue and recovery workers within the scope of the Fund. Given that Congress limited the liability of the City for Injuries related to the September 11th attack, it is especially critical that the rescue works be covered by the Fund for their injuries. Our country should not abandon these heroes. HOW THE SPECIAL MASTER WILL DETERMINE COMPENSATION AND THE SCOPE OF HARMS TO BE ADDRESSED Congress clearly intended that this Fund for the victims of the September 11th attack and their families be a positive alternative to a civil action. The regulations therefore should not establish any "one-size-fits-all" list of damages. Each claimant should be treated as an individual. Those who bring claims under the Fund give up their right to access America's judicial system to hold accountable those who failed to take reasonable (and indeed, in some instances, quite oblivious) measures to help prevent those attacks; they should not be asked to give up the right to be treated as individuals in determining how they were harmed by this terrible event. The following comments address the provisions that establish how compensation will be calculated. (1) The Presumed Compensation for Noneconomic Damages Is Very Inadequate "Non-economic" damages compensate for real-life harm such as having to live with the loss of a limb, permanent disability, or disfigurement, pain and suffering, loss of consortium and grief. The plan to limit such compensation in most cases to a mere $250,000, for injured victims, would be unfair to those who are suffering the most. It is especially inadequate to compensation a person who has suffered a permanent physical disability, or an injury that will cause pain and discomfort for many years to come. Such devastating harm should not be minimized. This planned limit also is terribly unfair to the bereaved families. According to the National Center for Victims of Crime, family members who are bereaved as a result of a crime rather than, for example, a death caused by a medical condition, generally suffer a broader range of emotional reactions and also remain in grief for a longer period. The fairies who are bereaved because of the September 11th terrorist attack have suffered a great emotional loss, compounded by the shock of having been victimized by the most terrible crime in our country's history. These bereaved fairies also will be faced with repeated and often graphic visual reminders of the horrifying events of September 11th for many years to come, as this day lives on in our country's memory and in the news media. The amount suggested as compensation to these people is completely unjust and disrespectful. As a matter of basic fairness, it is simply unreasonable to pay large economic compensation to high-earner's families and low economic compensation to families of seniors or low income victims, while failing to recognize that all of them have suffered a great emotional loss. In the case of a deceased parent, moreover, limiting non-economic damages to $250,000 and $50,000 for each dependent fails to acknowledge the vital role of the parent in providing years of guidance, love and care to the child. (2) Subrogation We agree that the regulations should make it clear that any source of funds for which there is a right of subrogation not be subtracted from the damages award (Section 104.63). Otherwise, there is a danger that families could, in effect, lose that money twice- once when the Special Master subtracts it from the award and again when a party exercises the right of subrogation to "recover" the amount from the victim or victim's family. (3) Life Insurance Premiums Should Be Deducted from Life Insurance Award Life insurance, while included as a collateral source under the statute, is a privately contracted benefit for which the deceased person or the person's spouse may have paid many years of premiums. We do not believe that it was Congress's intent to penalize people for being responsible in providing for their families by, in effect, causing them to lose their premiums twice. Unfortunately, § 104.47(a) of the Interim Regulations does not yet take this concern into account. The premium payments should be deducted from the total insurance award to reflect the actual net benefit that the victim's family received in order to determine the true amount of the insurance benefit before it is deducted from the compensation award. (4) Need to Clarify How Collateral Sources Will Be Deducted Only collateral sources that correspond to a particular item of damages recoverable under the Fund should be deducted, and each collateral source should be deducted only from the amount of that corresponding item of damages. Also, only future collateral source to which the victim or personal representative has an enforceable vested or contractual right should be considered for deduction. These are general principles of common law that have been the subject of a well-developed body of case law in New York. The Interim Regulations, unfortunately, fail to state how collateral sources will be deducted. If the Fund treats collateral sources in a way that runs counter to the common law principles stated above, it will fail to carry out the intent of Congress that the Fund be a viable and attractive alternative to brining civil actions. We therefore urge amendment of the Regulations to incorporate those principles. (5) Charitable gifts We agree that charitable gifts should not be designated as collateral sources and subtracted from the amounts granted by the Fund (Section 104.47[b][2]). Congress listed very specifically, within the statute itself, what sources would be considered collateral sources for the purposes of the Fund. At the time that they established this Fund, the members of Congress were well aware that people throughout the country were making substantial charitable contributions to help the families affected by the September 11th attack. If Congress had intended to include charities as a collateral source, it most certainly would have done so. (6) Need to Compensate for Long-term Injuries Not Yet Discovered No one yet knows what the long-term consequences will be for people who were affected by the September 11th attack. Physical injuries that have already surfaced may develop unforseen complications. Also, people may have been exposed to harmful levels of toxic chemicals and may suffer health consequences from that exposure many years from now. The two-year deadline for submitting claims to the Fund not only is a full year shorter than the statute of limitations for most injury claims in New York State, but also is completely unreasonable if the regulations fail to allow a date-of-discovery rule, especially for toxic- substance-related injuries (such as exists under New York State law). Since the statute is intended to create a sufficient alternative to civil actions so that people will chose to access the Fund rather than bring their claim in court, the regulations will not carry out Congress's intent unless they include a "reopener" to address long-term harms that have not have been raised during the past two years immediately following the attack. (7) Need for Oversight of Hearing Officers' Decisions As a final point, we are very concerned that the Interim Regulations do not provide the Special Master with the practical and necessary authority to supervise properly the implementation of the Fund. In particular, Section 104.31should provide that: (1) Decisions of the hearing officers be subject to review by the Special Master on request by the victim or the victims's personal representative; this is particularly critical because the hearing officers' decisions cannot be appealed to a court even if they are inconsistent with the regulations or the statute; and, (2) The regulations should also clarify that the decisions of the hearing officers must be set forth in writing and must provide a reasoned elaboration of the decision, and a detailed explanation of the specific items included in the award and any collateral source deductions. Provisions establishing the right of review of hearing officer decisions and requiring a reasoned elaboration of the decision are essential to ensure accountability and consistency in the interpretation of the provisions of the statute and also to foster public confidence in the process. As a final note, the Interim Regulations should be revised to ensure that the information provided by undocumented aliens who were injured or bereaved by the terrorist attacks is not used against them by the Immigration and Naturalization Services (INS) or other government agencies. It is critical to establish strict protocol to ensure that information about such victims applying to the Fund as a result of the terrorist attack is not shared by the Department of Justice or obtained and used by the INS. We thank you for your consideration of these comments and look forward to participating as volunteers in the implementation of this important Fund for the benefit of the September 11th victims and their families. With sincere regards, HC/DG:sm Comment BY: NEW YORK STATE TRIAL LAWYERS ASSOCIATION September 11 Email: Date The local time and date when the message was written. 2000-01-19 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 dojN002532.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. 2000-01-19 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. 12/13/01 Special Master Kenneth R. Feinberg September 11th Victim Compensation Fund U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 Dear Mr. Feinberg: Please ensure fair treatment for all relatives of those who died on September 11th, including the families of low-wage workers and partners and children of gays and lesbians. Set a high minimum compensation level in order to lessen the disparities between compensation received by lower income and higher income workers who died. One person's life must not be considered to have more monetary worth than another's. Recognize the legitimacy of gay and lesbian relationships and families in deciding compensation. Gay and lesbian families are especially vulnerable when one partner is killed because the option of marriage is unavailable. Both the Red Cross and the State of New York have 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. Sincerely, Sincerely yours, Individual Comment Oakland, 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 dojA005519.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. 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 Pittsburgh, PA 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 dojA003684.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. Wednesday, December 12, 2001 10:58 PM Compensating All Victims Families from 9/11 Dear Mr. Zwick: I am writing in response to the Department's request for public comments regarding the forthcoming regulations for implementing and the administering "September 11 Victim Compensation Fund." I strongly urge the Department to draft regulations that ensure compensation is available to all victims of the attack, including the committed partners and the non-biological children of gay and lesbian victims. It is unquestionable that the devastating grief and economic losses suffered by the families of gay and lesbian victims are no less than that of other families. Just as the terrorists drew no lines in choosing their victims, our country must draw no lines in compensating those who suffered the most personal of losses from these horrific attacks. Many Americans lost their lives on September 11, each of whom left behind loved ones. I urge the Department to honor these bonds by treating the families of gay and lesbian victims as you would any other. Sincerely, Individual Comment Chugiak, AK 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 dojA001530.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. Wednesday, December 12, 2001 11:07 AM compensation for partners and children of gay and lesbian victims of 9/11 Dear Mr. Zwick: I am writing in response to the Department's request for public comments regarding the forthcoming regulations for implementing and administering the "September 11 Victim Compensation Fund." I strongly urge the Department to draft regulations that ensure compensation is available to all victims of the attack, including the committed partners and the non-biological children of gay and lesbian victims. It is unquestionable that the devastating grief and economic losses suffered by the families of gay and lesbian victims are no less than that of other families. Just as the terrorists drew no lines in choosing their victims, our country must draw no lines in compensating those who suffered the most personal of losses from these horrific attacks. Many Americans lost their lives on September 11, each of whom left behind loved ones. I urge the Department to honor these bonds by treating the families of gay and lesbian victims as you would any other. Sincerely, Individual Comment September 11 Email: Date The local time and date when the message was written. 2001-12-12 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 dojA001505.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, November 26, 2001 3:53 PM United Airlines' comments re Notice of Inquiry re September 11th Victim Compensation Fund of 2001 Dear Mr. Zwick: At the request of United Airlines, please find attached in both Word and WordPerfect format United's comments in response to the November 5, 2001 Notice of Inquiry and Advance Notice of Rulemaking concerning the September 11th Victim Compensation Fund of 2001. Please contact United at the following address if the comments should be submitted in a format other than Word and WordPerfect. Thank you. United Airlines, Inc. Elk Grove Village, IL -------------------------------- VIA ELECTRONIC MAIL Kenneth L. Zwick, Director Office of Management Programs U.S. Department of Justice Civil Division Mann Building, Room 3140 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530 Re: Notice of Inquiry and Advance Notice of Rulemaking, September 11th Victim Compensation Fund of 2001 Dear Director Zwick: United Airlines, Inc. submits this letter in response to the Notice seeking public comment on matters related to the implementation of the victim compensation fund program ("VCFP"). United is pleased to have the opportunity to comment on the matters raised in the Notice, particularly those procedural issues that we believe will facilitate the process in order to make it as streamlined and fair as possible to the victims and their families. Our comments track the order of items mentioned in the Notice. General approach, subsection (f). Should the regulations cover matters in addition to those specified in § 407 of the Act (to provide full information about how the program will work)? United urges that the regulations be as comprehensive and informative as reasonably possible in order to enable individual victims to make prompt and informed choices between participating in the Victim Compensation Fund Program ("VCFP") and filing a private lawsuit. Is the number of individuals who have filed a civil suit or plan to do so in the next few months "very small"? As of the date United submits these comments, no lawsuits have been served on United by individuals who would be eligible to participate in the VCFP. We expect that the more the regulations and forms are clear, swift and fair, the fewer private suits will be filed. Is the statutory requirement that a claimant "withdraw" from a civil suit within 90 days of the promulgation of the new regulations intended to preclude such a claimant from refiling or rejoining a civil action (a) if the claimant changes his or her mind? or (b) if the Special Master determines he isnt eligible to file a claim? In order for the VCFP to work fairly and efficiently and in the manner that Congress intended, a claimant who elects to participate should not be permitted to change his or her mind at a later date and pursue private litigation. However, if it is determined that the claimant is not eligible to file a claim pursuant to the VCFP, the claimant should not necessarily thereby be precluded from pursuing a private lawsuit. Topics 1 & 2: The forms and information to be used. Should the Special Master determine that a claim has not yet been "filed" if a submission is inadequately detailed? In order to achieve the goals of the VCFP generally, and to allow time for the Special Master to determine a fair and appropriate award on each claim, it would seem wise to start the 120-day period running only after the Special Master has determined that the application is complete, including the submission of all supporting documentation. Should the Special Master take any specified action before deeming a claim "filed"? The regulations should include a provision directing the Special Master to assure, before declaring that a claim has been "filed," that the Special Master has received all data, signature, and required documents, and that if any of the required material is missing, to notify the claimant in writing of the deficiencies and confirm to the claimant that the claim will not be deemed "filed" until the missing data and/or documentation has been received. Design and content of claims forms, including readable and readily available. In addition to procedures for electronic filing, the claim form itself should include an explanation of the eligibility requirements to be a "claimant," a description of the kinds of damages that are recoverable, an explanation of the claimants rights and obligations (including the waiver of right to sue, the right to amend, the applicable time periods, the procedures for oral hearings, the penalties for submission of false information, the verification under oath, etc.). The claim form should require information about the injured victim, the deceased victim, and the claimant if someone other than the victim is the claimant; the decedents survivors; the injured or deceased victims dependants and anyone else claiming under the victims right to recover, the injured or deceaseds victims education, employment, and earnings; the basis for eligibility; the physical harm to an injured victim; an itemization of each element of claimed damages; a calculation of the amount of the claim, and a listing of collateral sources and amounts. The claim form should require that it be accompanied by supporting records, including birth certificates for the injured and deceased victims and their dependants; marriage certificates for the injured or deceased victim; death certificates for deceased victims; a drivers license, passport, visa, or green card for the injured or deceased victim and for the claimant; the three most recent years of U.S. income tax returns (or foreign equivalent); the injured or deceased victims medical records for treatment related to the 9-11-01 injuries, certified or attested to by one of the medical providers; a statement of circumstances surrounding the injured/deceased victims death or injury; all applicable life insurance policies, death benefit policies, health insurance policies, and statements of benefits to which the injured/deceased victim is entitled (other than charity); affidavits of any expert witnesses or other consultants on which the claimant relies for the submission of information to support the claim; and the sworn signature of the claimant and, if the claimant is represented by an attorney, the attorney as well. Topic # 3: Procedures for hearings and presentation of evidence Could the Special Master stop the running of the 120-day clock? The Act appears to impose an absolute 120-day requirement for the benefit of claimants, and so it may not allow the Special Master to toll the running of that period, at least not without the consent of the Claimant. If and to the extent the statute is determined to allow waiver of the 120-day period, United believes that a claimant should be allowed to waive this time requirement if the claimant decides that more time is necessary. Could the Special Master dismiss an inadequate claim, and could claimant refile? United urges the adoption of regulations and procedures that allow the Special master to take reasonable steps to secure complete and adequate claim submissions by requiring prompt notification to the claimant that the submission is not complete and adequate, and a clear and plain statement of what the claimant needs to do in order to make the submission complete and adequate. The regulations should provide that a claimant may supplement or amend his or her submission as necessary, and more than once if necessary, in order to be certain that every injured or deceased victim or their representatives are afforded the benefits and protections of the VCFP. The regulations should err on the side of allowing additional submissions and additional opportunities to assure a complete and adequate submission, with the goal of having every claimant who wishes to participate do so successfully, consistent with the 2-year requirement of the statute. Should every claimant be granted an oral hearing, or would submission of paper be enough? While most claims should be able to be decided on the paper, we believe that a claimant who wishes to appear before the Hearing Officer should be afforded an opportunity to do so if the Hearing Officer, in the exercise of sound discretion, deems it to be helpful. Given the volume of claims to be processed, however, and to assure that others waiting in line are not unduly delayed, such an opportunity to present oral evidence will of necessity need to be concise, focused and limited in duration. In addition, the regulations should allow the Special Master the authority to require a claimant to appear to answer questions if there are ambiguities or other issues presented by the claim form and supporting documentation. Should the Special Master use hearing officers? If so, what qualifications and training should they have? Yes, hearing officers are essential in order to meet both the statutory deadlines and claimants expectations that the VCFP will provide a more time-efficient mechanism than a private lawsuit. Because the hearing officers will be called upon to evaluate sophisticated financial/economic data, they should have a law degree from an accredited law school at a minimum, and preferably experience handling dispute resolution (e.g., retired judges, ADR neutrals). What powers should they have (e.g., ask questions, require more information, recommend decisions to Special Master)? The hearing officers should have all these powers, and their recommended decisions should be in writing on a standard form on which they state both the amount of the award, and the reasons for arriving at the award and other pertinent information that supports the award. Should claimants have a right to appeal hearing officer decisions to Special Master? United believes that claimants should have the right to appeal the hearing officers final decision to the Special Master, with the standard of review to be established by the DOJ. However, in order to assure that all claimants receive prompt decisions, claimants challenging the hearing officers decisions should do so only in writing, without an additional hearing. Can DOJ subpoena evidence from non-parties? The DOJ (in particular, the Special Master) can and should do so especially if evidence from a non-party is needed to prove claimants claim or there are indications of mistake or fraud in a written submission or oral testimony. Should oral hearings be recorded? The inclusion of written transcripts, tape recordings or video recordings of the hearings would provide added assurance to the claimants of impartiality, and will be helpful in the event of appeals to the Special Master. Should oral hearings be held in a site convenient to the claimant? United believes that the opportunity (or in some cases, requirement) to present evidence in a convenient location will make the entire VCFP more attractive to claimants. How should scheduling conflicts be dealt with, and can a claimant forfeit the right to a hearing by delay etc.? The appointment of sufficient hearing officers should allow flexibility in scheduling. Given the ongoing stress felt by claimants and their families, and the potential difficulties in obtaining definitive evidence, we would urge that the regulations ensure that any right to an oral hearing (though not to an award) would be forfeited only in a case of extreme and unexcused delay by the claimant. Topic # 4 procedures to assist claimants How can the DOJ assist claimants (e.g., office locations, toll-free phone lines, outreach meetings, newsletters, etc.)? We urge the DOJ to do everything reasonably feasible to assist claimants and their families. Can the Special Master limit fees charged by counsel experts, etc? Yes. Such fees should be paid out of the compensation awards themselves, to ensure that claimants are motivated to negotiate reasonable fee arrangements and take advantage of pro bono opportunities. What limitations should be placed on "non-attorney, non-Claimant representatives participation"? The claimant should be allowed to have any person of his/her choice represent him/her, and to use the assistance of advisors, accountants, and experts to help prepare the forms and documents to be submitted and to offer sworn testimony. Claimants should also be allowed to offer evidence from family members and dependents. Topic #5 Claimant eligibility Would a DOJ regulation or a Special Master statement of policy be appropriate to clarify "eligible claimant"? What should the criteria for "eligible claimant" be? What is the appropriate scope of "present at", "physical harm" and "immediate aftermath"? As with nearly all of the other issues presented in the Notice, additional guidance to claimants, including clarification of "eligible," will assist claimants and their families in determining to participate in the VCFP and will avoid misunderstandings, unnecessary appeals, and additional delays, as the process unfolds, and at the same time ensure that there will be only one "claim" per injured victim or deceased victim as required by the statute. In addition to specifying the "zone of danger" as the relevant boundary, the regulations should specify that "physical harm" be more than a de minimis injury. The DOJ may also wish to address the question of claims for latent injuries that do not manifest themselves until after the 2-year period provided in the statute. United assumes that rescue workers who were present on September 11 in the "immediate aftermath" can be claimants but that those who were assigned to one of the crash sites thereafter will be covered by other compensation systems, principally their workers compensation statutes. What evidence of presence, and of physical harm, should be required? As for presence, an affidavit of the injured claimant or the death certificate of the deceased victim and an affidavit of the personal representative should suffice. As for evidence of physical harm, the physical injuries must be shown to be directly caused by the attacks of September 11, and the medical records with a certification by one of the attending physicians should be enough. Would a DOJ regulation or Special Master statement of policy be appropriate to clarify "personal representative" issues? Such a regulation or statement is essential to the smooth and fair administration of the VCFP, including a requirement that the personal representative notify all survivors and identify all survivors in the claim forms. Can the Special Master determine who is the appropriate "personal representative"? United believes that Congress did not intend for the Special Master to take on this added burden when there are well-established procedures of state probate law to accomplish this essential step. The personal representative should be appointed according to the mechanisms provided under the laws of the state or other jurisdiction in which the deceased victim was domiciled. If a deceased victim was domiciled in a state or other jurisdiction that has no such mechanism for the appointment of a personal representative, the Special Master should be empowered to appoint such a representative with the authority to resolve all claims arising from or derivative of the death of the deceased victim. In order to prevent the multiple claims that the statute prohibits, the regulations should provide that, once the personal representative (whether appointed by the court of the victims domiciliary or by the Special Master) elects to use the VCFP, all persons who wish to pursue claims arising from or derivative of the death of the deceased victim are bound by that election and must pursue their claims in the VCFP through the personal representative. Should the Special Master require court ruling/appointment of "personal representative"? To the extent the domicile states have procedures for such local court appointments, such a requirement would assure that each deceased victims interests are properly represented, and would help avoid fraud and the kind of multiple claims that the statute clearly prohibits. Should the Special Master hold off proceedings until a court decides who the personal representative is? The claim form should include a place for the claimant to indicate who is the personal representative, and one of the required documents to be submitted as part of the claim form should be the court order appointing the representative. The regulations should specifically and clearly state, as should the claim form itself, that the claim will not be deemed "filed" until the required information and documentation of the authorized personal representative is submitted. Topic #6 Nature and amount of compensation What are the practical means to base awards on individual circumstances but also use consistent and clear principles that treat each claimant fairly? In particular, should schedules or statistical methods be used and, if so, should schedules or presumptive awards for classes of individuals be published? Given the statutory time limits, the numbers of potential claims, and the purpose of the Act, it seems clear that such schedules and methods should be used, and that the standards, matrices by type of injury, and formulas should be published. How should the Special Master use specialists/experts in economic losses to analyze such losses? Qualifications Data to be used Methodologies to be employed Required documentation The experts should examine the three most recent years of tax returns, the employer affidavits regarding employment status and future prospects, medical bills, funeral expenses, etc., and advise the hearing examiners as to those matters. Bearing of state law The regulations should specify which states law (domicile vs. situs of crash) will apply to claimants. How to address loss of contingent/variable/unpredictable future income? There are experts in economic loss whom the Special Master can engage to provide consistent computation of such losses, with full explanations of the basis for each decision. What distinctions should be drawn for noneconomic loss purposes between individuals who died in different locations? Should Special the Master draw distinctions between individuals who suffered similar injuries? Should Special the Master issue regulations determining the amount of noneconomic loss for classes of similarly situated individuals, or determine all noneconomic losses on a claim-by-claim basis? Fair and appropriate awards to the claimants should take as their starting point a matrix by type of harm. What facts and circumstances should be considered in determining loss? In addition to the standard earnings, life expectancy, medical records types of facts and circumstances, United urges the Special master to consider all facts that a claimant wishes to submit as part of the claims form. What standards should be employed in determining noneconomic loss? Use of a matrix by element of injury should be employed for this type of claim, to assure consistency. How should Special Master determine what constitutes a "collateral source"? By reference to state laws, other federal statutes, and consideration of the purpose of the Act to provide full compensation to the victims. Does the Act allow the Special Master to exclude charitable contributions? Yes. We doubt that Congress intended to include charitable contributions as "collateral sources" that would diminish a recovery under the VCFP. The definition of "collateral sources" under § 402(4) should include all contractual and/or statutory payments (except payments made under the Act), including by way of example life and health insurance benefits, workers compensation death- or injury-related benefits, and payments made under other statutory schemes. Charitable contributions paid to a victim or a victims estate or family or heirs should not be included or otherwise counted "against" a claim under the VCFP. Does the Act permit in kind contributions to be excluded, too? Yes. How could the Special Master determine whether potential future collateral source payments are included in the statutory definition? By looking first to the language of the contract or statute, and in addition providing a place in the claim form (which the claimant will be verifying under oath) for a statement of the likelihood of such a payment. Fraud Prevention Measures What measures should be adopted to prevent and detect fraud? Clear statements in the claims forms and accompanying instructions of what the DOJ expects of the claimant by way of documentary submissions, are the best way to prevent both innocent mistakes and intentional fraud. Such instruction and notification should make it clear that both the claimant and his or her attorney must verify the statements made in the submissions under oath, on penalty of perjury for false statements, and with indemnification of the federal government in the event of documented fraud, and so forth. The regulations and/or the claim form should remind claimants that submission of knowingly false information would be a violation of Federal law. The claims form should also note that the Special Master has subpoena powers and that the hearing officers and their retained experts will be authorized to question the claimant and the claimants attorney under oath if the hearing officer determines that such questioning is appropriate. In addition, there should be a mechanism for the DOJ to notify the federal court in the Southern District of New York of all filings; similarly, the SDNY should notify the DOJ of new case filings (in the SDNY or elsewhere). * * * * * On behalf of the entire United Airlines community, we thank the DOJ for the opportunity to participate in this vital step towards the recovery and healing of our nation. All of us stand ready to assist you and your colleagues in whatever ways we can to assure that the individual victims of these terrible atrocities receive fair, adequate, and swift compensation through the statutory victims compensation program that Congress has enacted. Comment By: United Airlines, Inc. Elk Grove Township, Illinois 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 dojW000635.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 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 Eugene, OR September 11 Email: Date The local time and date when the message was written. 2001-12-13 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojA002657.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. Wednesday, March 06, 2002 8:51 AM The Americans got too much, let alone illegal aliens. Individual Comment Indianapolis, IN September 11 Email: Date The local time and date when the message was written. 2002-03-06 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojP000597.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. 2002-03-06 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 05, 2001 10:57 AM Attn: Kenneth L. Zwick, Director Office of Management Programs U .S. Department of Justice Dear Mr. Zwick, Let me add my voice to those encouraging the Justice Department to provide assistance to gay and lesbian families. Sexual orientation should not be a factor in determining who qualifies for the assistance. All of the families of all of the victims should qualify regardless of the conservative Christians' definition of a family. If a family that defines itself as a family has been affected by the September 11th events then that family should receive assistance. This is not a question of morality or of the government promoting any particular lifestyle. This is only about helping the people who need the help regardless of their sexual orientation. Warmest Regards, 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 dojA000780.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. Friday, November 30, 2001 3:04 AM Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice Dear Sir: I am asking that you please include the gay, lesbian, transgender, and bisexual victims and their families that suffered from the Sept. 11 tragedy. Please make sure they get compensated as sorrow for loss is not dependent on one's sexual orientation. Thank you for your consideration in this matter. Sincerely, Individual Comment Kansas City, MO 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 dojA000212.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. December 4, 2001 To: Kenneth L. Zwick, Director Office of Management Programs, Civil Division U.S. Department of Justice Dear Mr. Zwick: I am writing in response to the Department's request for public comments regarding the forthcoming regulations for implementing and administering the "September 11 Victim Compensation Fund." I whole heartedly urge the Department to draft regulations ensuring compensation is made available to ALL victims of the attack, including gay and lesbian partners and all of their dependent children. Many Americans lost their lives on September 11, each of whom left behind loved ones. I urge the Department to honor these bonds by treating the families of gay and lesbian victims as you would any other. Sincerely; Individual Comment Wimberley, Texas 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 dojA000894.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Wednesday, December 19, 2001 10:17 AM 9/11 Didn't Discriminate Based On Gender 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 Battle Creek, 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 dojA002959.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2001-12-19 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Tuesday, March 19, 2002 2:27 PM Stop discrimating NOW! It is imperative that all victims of the terrible attack on the Twin Towers be taken care of. When the great outpouring of support came in there were no qualifications as from whom the money would be accepted. Gay donations were as readily accepted as any others. Now, however, you are excluding homosexuals from receiving any compensation. Why? The hero that stop the plane from crashing into the Capitol did not pause to consider whether or not he was saving gays or straights. He did what was right. I think that such a no-brainer would come easily. Guess not. So, do the right thing and compensate all victims of this tragedy or compensate no one. Sincerely, 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 dojR002204.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. Dear Mr. Zwick, 9-Jan-'02 I would like to make a comment on Ken Feinberg's formula for the Sept. 11 Victims' Compensation Fund. I do not believe 'calculating income potential' should be a part of the formula for compensation. I believe, as a democratic country, all people should be treated equally and families be given equal reimbursment. Thank you for taking the time to read my plea/suggestion. Sincerely, Individual Comment Stillwater, MN September 11 Email: Date The local time and date when the message was written. 2002-02-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource dojN002570.xml 911DA Item Elements describing a September 11 Digital Archive item. Status The process status of this item. approved Consent Whether September 11 Digital Archive has permission to possess this item. full Posting Whether the contributor gave permission to post this item. yes Copyright Whether the contributor holds copyright to this item. yes Source The source of this item. born-digital Media Type The media type of this item. email Created by Author Whether the author created this item. yes Described by Author Whether the description of this item was submitted by the author. no Date Entered The date this item was entered into the archive. 2002-02-04 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Department of Justice Emails Description An account of the resource The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families. These e-mails have been organized here by date. September 11 Email September 11 Email: Body The basic content, as unstructured text; sometimes containing a signature block at the end. Monday, March 18, 2002 2:07 PM September 11 victims..... I am outraged that gay and lesbian partners of those who died on September 11 are not automatically going to receive the same benefits as heterosexual spouses, fetuses and illegal aliens. It is amazing that the law would deny benefits because they (gay partners) were not married, while prohibiting them from being married. "We the people...", "...with liberty and justice for all" are inclusive of all our citizens, as our founding father intended. I cannot understand the all the biases created since the Declaration of Independence and the Bill of Rights was passed not so long ago. Thank you, 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 dojR001944.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. Tuesday, January 15, 2002 8:22 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 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 dojN001652.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