dojN002599.xml

dojN002599.xml

born-digital

email

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no

2001-12-31

December 31, 2001

Kenneth L. Zwick, Director
Office of Management Programs
Civil Division
U S Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue NW
Washington, D.C. 20530

RE: Comments on the September 11th Victim Compensation Fund of 2001

Dear Mr. Zwick:

I am a retired age 58 citizen/taxpayer and have the following comments
(due January 21, 2002) concerning the December 21, 2001 final interim rule and
proposed policy stated below relating to the distribution of monies to victim of
the September 11th tragedy.

It is our view that, absent extraordinary circumstances, awards in excess of $3 million,
tax-free, will rarely be appropriate in light of individual needs and resource. At the same
time, we want to ensure that victim's families are receiving at least a minimum level of
resources to help meet their needs and rebuild their lives. Thus. We have concluded that
the families of deceased victims should receive a combined total of at least $500,000
from this program, other state and federal programs, life insurance policies and other
sources of compensation. Similarly, the baseline for single decedents should be $300,000.
This ensures that every needy claimant's total compensation from this program and other
sources will be at least equal to these threshold amounts.

For those victims who died as a result of the September 11 aircraft crashes, the presumed
noneconomic losses will be $250,000 , plus an additional $50,000 for the spouse and each dependent of the deceased victim. That $250,000 figure is roughly equivalent to the
amounts received under existing federal programs by public safety officers who are killed
while on duty, or members of our military who are killed in the line of duty while serving
our nation. See 38 U.S.C. 1967 (military personnel); 42 U.S.C. 3796 (Public Safety
Officers Benefit Program). The latter figures--$50,000 for the spouse and each
dependent-include a noneconomic component of "replacement services loss."

Since the government is planning to step in and assume legal liability for victim
damages due to the September 11th, terrorist attack why not limit award
settlement amounts to more reasonable $ 500,000 (families) and $ 300,000
(individuals) amounts to better utilize taxpayer monies. A settlement of this
nature appears to be more than comparable to a customary Term life Insurance
benefit available to the average U S Citizen.

A maximum award for families of $ 500,000 and individuals of $ 300,000 would appear to be more fair and equal and would not consider a victims past employments and future earning potential. Why should any family receive n excessive benefit of $ 3 million at taxpayers expense? An award based upon an individuals future income potential appears excessive and arbitrary and discriminatory in favor of current and temporary high wage individuals.

The governments liability should also be funded as much as possible by terrorist frozen bank account funds.

maximum awards to Sept 11th victims not only should be reasonable and fair to all victims but also comparable to customary private and public awards and benefits available to the average United States Citizen.

The Average U S Citizen would be more than happy to be covered with a Term
Life Insurance benefit of $ 500,000 or $ 300,000. Also, the customary Social
Security Death Benefit of $ 255 appears much too low in comparison.

Again, my main comment is that victim awards should be limited to a maximum
of $ 300,000 for individuals and $ 500.000 for families in the name of fiscal
responsibility and fairness to all U S Citizens.

Government funds are considered limited and available excess funds can be
more prudently spent on social and health care programs benefiting needy and
uninsured U.S. Citizens. Also, the customary Social Security death benefit of
$ 255 for all citizens should be increased to at least $ 1000 to cover burial costs
for all Americans.

Thank you for your consideration of my comments.

Sincerely,

Individual Comment
Ishpeming, Mi

2001-12-31