W000429
Tuesday, November 20, 2001 12:37 PM
September 11th Victim Compensation Fund of 2001
Comments submitted by e-mail to: victimcomp.comments@usdadoj.gov
The following are comments filed in response to the Notice of Inquiry and
advance notice of rulemaking, published in the Federal Register on November
5, 2001
SUBJECT: September 11th Victim Compensation Fund of 2001
Topics #1 & 2: The Forms To Be Used in Submitting Claims Under This Program
and the Information To Be Included on the Claims Form
Given the federal streamlining initiatives to encourage electronic filing
and payment, the Special Master will be in compliance with the new mandates
by ensuring that claimants file claims electronically. The Special
Master/U.S. Department of Justice (DOJ) should seek to establish an
electronic form and populate key fields from current data and databases of
victims of the September 11, 2001 terrorist attacks based on eligibility, as
defined in Public Law 107-42 Section 404(c). Basic claimant information
might be available from aircraft manifests of flight crew and passengers,
employees and beneficiary records of the World Trade Center and Pentagon,
and others data of possible victims. Claimants could provide other
information to complete the form. An electronic filing format could include
prompts and instructions to aid in the completion of mandatory fields.
Claimants filing for victims that have not been identified from existing
data would be required to provide proof of injury and entitlement to
compensation and could also submit information electronically, via
Facsimile, or by other means determined by the Special Master and DOJ.
Working from a predetermined list of potential claimants could serve as a
deterrent to fraud. Issuing a password to potential claimants could also be
a means to further prevent and detect fraud.
The feasibility of using an electronic form to administer the victim
compensation fund is supported by the development of benefit eligibility
prescreening software by public agencies and non-profit organizations that
have been involved in advancing the innovative use of technology to support
service delivery. Of note, the Department of Commerce Technology
Opportunities Program (TOP) grant, formerly the Telecommunications
Information Infrastructure Assistance Program (TIIAP), has provided matching
funds for several eligibility prescreening projects in recent grant cycles.
The Special Master can look to these as examples of the applicability of
developing an electronic form that can serve claimants across a range of
proficiency levels with the use of Internet technology.
Topic #4: Procedures to Assist an Individual in Filing and Pursuing Claims
Under this Title
The Special Master could designate a support network to assist victims and
claimants that do not have access or limited proficiency in using the
Internet to complete an electronic claim form. The Department of Justice
Office for Victims of Crime (OVC) currently administers a program of
assistance to victims of violent crimes administered by state agencies.
Additionally, a number of faith-based and community-based non-for-profit
organizations rallied to offer financial assistance, support services, and
comfort to victims of the September 11th terrorist attacks. The September
11th Fund established by the United Way of New York awarded grants to 69
organizations to provide assistance to victims and their families. The
Internal Revenue Services (IRS) granted tax-exempt status under special
expedited procedures to 90 organizations to help victims of the September
11th attacks. The existing network of state agencies and faith-based and
community-based service providers could be engaged to assist claimants
complete the form and pursue allowable claims. These agencies and
organizations could be chosen based on their existing service delivery focus
and their ability to provide longer-term support to potential claimants.
Given the need to limit administrative fees, to insure that the greater
percentage of the fund directly benefits the victims, the involvement of
state agencies and faith-based and community-based non-profit
organizations, that have an established funding source, could be a
consideration for selection.
In addition to providing assistance to individuals and families with the
filing of a claim, the network of non-profit organizations can also support
outreach to potential claimants. The recent Washington Post article of
Sunday, November 18, 2001, reports stories of paperwork and grief as a
deterrent to families seeking benefits that they are entitled to receive.
The Special Master will want to ensure that claims are filed timely and
within the two-year time frame specified under Section 405 ( a )(3).
Families of victims of the Pentagon were greatly aided by the Family
Assistance Center in completing the required paperwork during an initial
period of grief and expressed an interest in having the support continued to
assist in accessing other eligible benefits and services.
The Department of Justice could expand the services to victims beyond the
role of the Special Master consistent with the range of assistance
administered by the Office of Victims of Crime (OVC). In establishing an
electronic format for administering the September 11th Victim Compensation
Fund, DOJ should also establish a central website to inform victims of other
benefits and services. The website should integrate information from all
the funds established for victims and serve as a central portal to inform
claimants of the full range of benefits that they may be eligible to
receive. At a time of grief, individuals and families should have an
efficient means for accessing the funds that were raised on their behalf and
to obtain the services that are available. OVC, for example, considers
financial counseling, to assist victims to restructure their financial
affairs as an allowable service and compensable expense (Victims of Crime
Act Victim Compensation Grant Program, Federal Register, May 16, 2001, Vol.
66, No. 99, page 27158). Individuals and families who are eligible
claimants under the September 11th Victim Compensation Fund should have easy
access to information about all the benefits and services that are available
and a method for determining eligibility for receiving benefits.
Coordinating information about all the September 11th Funds and charitable
services would also comply with Congressional calls for greater federal
oversight of the disbursement of charitable funds raised by numerous
non-profit tax exempt organizations in the aftermath of the September 11th
terrorist attacks.
Thank you for your consideration of the above referenced comments.
Individual Comment
Washington, DC