N002560
January 21, 2002
Kenneth L. Zwick, Director
Office of Management Programs
Civil Division
U.S. Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue
Washington, DC 20530
Dear Mr. Zwick:
As the widow of who lost his life in the terrorist attack on the World Trade
Center, I would like to state that I certainly appreciate you efforts and that of your staff in
establishing the Interim final rules for the September 11th Compensation Fund of 2001. At
the same time, however, I respectfully request that certain specific modifications to the rules be
made in an effort to more fully comply with the Congressional mandate for full and fair
compensation in both economic and non-economic terms. The current interim final rules fail to
meet this mandate, in my opinion, due to a lack of clarity in determining economic damages and
presumed non-economical damages being held to a level, which is utterly at odds with historical
precedent through litigation.
In order to more fully comply with the clear intent of Congress and to prevent the conclusion that
litigation is the only fair alternative. I would request that the rules be amended to allow for
economic damages calculated on incomes in excess of $231,000 cap currently proposed and
that such calculations be done in a consistent fashion and documented across the earnings
spectrum. While the elimination of such cap would have no potential benefit in my case, I feel
that only through consistency can true fairness be achieved. Additionally, in order to fully and
fairly compensate victims whose combination of specific circumstances and collateral offsets
might result in no payment from the Fund, I would request that a meaningful minimum
compensation level be established as well.
By far my area of greatest concern, though, pertains to the subject of non-economic damages in
that the proposed formula dictates compensation of $250,000 for the deceased plus $50,000 each
for the surviving spouse and children. Such an award represents only a fraction of what would
likely be awarded through litigation and, therefore, does very little to minimize pain and
suffering. My late husband, having been a proud alumnus of Georgetown University is survived
by our two wonderful young boys who eagerly look forward to attending as he did. When they
are both of college age in the year 2012, however, the projected annual cost of attending Georgetown
is in excess of $52,000. Are my children to grow up with the realization that our government felt that
fair compensation for the tragic loss of their father was less than one year of college expenses? Should
this terribly distressing conclusion be deemed acceptable, then I fear my children and perhaps
thousands of others will grow up disillusioned and forever bitter toward our government. Certainly this
outcome would only serve to further the tragedy, which our nation has already suffered.
I must admit that no financial award, regardless of size, could ever adequately compensate for the loss
of someone who was the perfect son to his parents, the perfect husband to me, and the perfect father to
our children. Truly full and fair compensation from the fund, however, will at least forever comfort us in
the realization that our government too, views not mere as a victim but as the hero he will always be to me and my family.
Once again I would like to commend you on your efforts thus far and appreciate your willingness to
consider my comments and requests.
Sincerely,
Individual Comment
Middletown, NJ