W000534

Sunday, November 25, 2001 2:36 PM
Collateral Sources

Gentlemen:

Although I live less than 15 miles west of Lower Manhattan, no one in my family or circle of friends was a victim of the 9-11 tragedy. Nevertheless, I felt the need to respond to this direct attack on New York City and, by extension, the entire civilian population of the United States of America.

At 6:30 A.M. on September 24, 2001, I mailed the following contributions because I felt that if the federal government did not have a clue as to how to use the $300 that became my 2001 tax relief check, I certainly did:
(1) $100: September 11 Fund
(2) $100: Star-Ledger (Newark, N.J.) Disaster Relief Fund
(3) $100: Twin Towers Fund

I concluded that the same federal government that was unable to secure our commercial aviation system would certainly be less than the ideal institution to attempt to ameliorate the individual pain, suffering, and grief it was helpless in preventing, despite its millions of politicians, managers, workers, officers, and soldiers.

It was not until November 6, 2001, that I found out that the Airline Stabilization Act that the president had signed into law on September 24, 2001, included the September 11th Victim Compensation Fund of 2001. I felt pleased that the federal government was both following the lead of a compassionate and generous citizenry while recognizing its total failure in substantiating its main reason for existing: the protection of ordinary citizens--not politicians and high-level bureaucrats, but people like us--in our own homes and offices.

The language of the September 11th Victim Compensation Fund of 2001 law is clear. If charity were to be treated as a "collateral source," Congress would have listed it along with "life insurance, pension funds, death benefit programs, and payments by Federal, State, or local governments related to the terrorist-related aircraft crashes of September 11, 2001."

I cannot believe that 535 members of Congress, one president, and hundreds of their paid staff members were as unaware of large amounts of money building up in 9-11 charities as they apparently were about the real costs of airline security. A large amount of contributions collected on a national level is not something that would go unnoticed by those who have made a profession out of campaigning for public office.

I gave $300 to 9-11 charities because it was the right thing to do, and I gave before the September 11th Victim Compensation Fund of 2001 became law. By including charity as a collateral source, it will have a chilling effect on private giving. People will say, "Hey, let the Feds do it."

Charity should not be treated as a collateral source under Public Law 107-42.

If, however, Congress feels strongly enough about making charity a collateral source, let the members pass an amendment or another law that includes specific language to that effect. Congress can have a "do-over," too bad there are thousands from the 9-11 tragedy who can't.

Individual Comment
Maplewood, NJ

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