W00641
November 21, 2001
Dear Mr. Zwick:
Thank you for this opportunity to comment on the procedural rulemaking of the September 11
Victim Compensation Fund Program. We are a large group of families who have lost our loved ones in
the attack on the World Trade Centers. Enclosed in this fax transmission, please find a copy of the letter
outlining our comments in reference to the administration of the Fund. While this Fund is promoted as
having been established for our benefit, it was realistically developed to limit liability of the airlines and
associated potential defendants of the September 11 tragedy, and to prevent their financial collapse. It
was developed to offer us an incentive not to sue. We are sincerely hoping it will succeed in its objective.
Attached also are some of the personal letters of those endorsing these comments and opinions.
They are the letters of those of us who are most involved, who are suffering the greatest loss. They are a
reminder to you that this tragedy affected real people, real spouses, real children, real parents. We
believe that is imperative that is imperative that you do not lose sight of that fact as the difficult task of
regulation development gets under way.
A full package with all the signed letters will follow this fax transmission; however, we wanted to
be sure we had an opportunity to be heard before the deadline for public comment passes. We would
request a public hearing on the issues as well and would request that we be notified in advance of such.
Thank you for this opportunity and for your time in reading and considering our concerns.
SINCERELY,
Individual Comment
North Caldwell, NJ
--------------------------
ATTACHMENT 1
November 21, 2001
Dear Mr. Zwick:
Five thousand people were murdered on September 11, 2001. They left that morning to work at the
World Trade Centers and the Pentagon and were at their desks by 8:30AM. Some said "I love you" as
they left, some said "see you later", and some said "don't forget to put air in your tires." None came home
that night. None will come home anymore for the rest of forever.
In response to the Justice Department's request for public comment on the "September 11 Victim
Compensation Fund" established by the Air Transportation Safety and System Stabilization Act, we
respectfully submit the following. However, before we begin our substantive comments, please allow us
to make you aware of one fact. Be very clear in knowing that there is nothing you could possibly do on
this earth that could compensate us for the loss of loved ones. You could offer us one billion dollars each,
lump sum, and we would trade it along with all our worldly possessions to have them back, to have them
home. The Victim Compensation Fund is purposed to be an attempt to "make whole" the families of the
victims lost in the attacks. Unless you have supreme power which will result in the return of our loved
ones, "making whole" is impossible. Alternatively, we are hoping this legislation results in a fund which
truly is an incentive for families not to pursue litigation. Thank you for giving us this opportunity to
comment.
RIGHT TO A HEARING
The legislation as written does not make clear whether or not we will have right to be heard
before a hearing officer or Special Master. Only we can present the specifics of our personal situation
and loss therefore rightfully deserve the opportunity to do so. This would include the right to be
represented by counsel, to present evidence, to offer personal and expert testimony, and to present our
expectations of relief. This would require each case to be heard and considered individually. While this
may be time consuming, it is the only way to insure that each family suffering this loss is fairly
represented and thus fairly compensated.
ECONOMIC LOSS
We strongly oppose any cap to the amount recoverable through the Fund for economic losses
suffered as a result of the death of our loved ones. Husbands and fathers worked long hours, sacrificing
the precious time they had left with their families and children, to earn the salaries and bonuses accrued
every year. This income is forever gone; to reduce it in any manner is contrary to the statutory attempts
to "make whole" the family suffering as a result of this disaster.
The computation of the amount of lost wages should be similar to that used in personal injury
actions. Retirement age should be set at 68 and the decedent's age subtracted from there. Gross income
should together over the past three years. The resulting income and years to retirement should be
multiplied together for a startling point for computation. Factors such as inflation, wage increases, merit
advances and any other benefits that would have earned had the victim's lived should be considered and
added to the base amount.
NON-ECONOMIC LOSSES
We, again, strongly oppose any cap to the amount recoverable through the fund for non-economic
losses suffered as a result of the most public, painful and horrific deaths of our loved ones. Each case
must be evaluated individually and must take into account specifics such as the number of the
decedent's children and their age, the severity of the pain and suffering of both the victim and his family
members, and the severity of the loss and the pain to be suffered as a result of reliving this tragedy as a
moment in history for the rest of our lives, for the rest of their children's lives.
It is worthwhile to note that the families with substantial pensions, with a lost spouse nearing
retirement age, or with income received as a result of the death of the victim would be unable to benefit
from this Fund unless the recovery under this section is substantial. There would be no incentive to
pursue a claim offset to pecuniary loss or minimal benefit. Litigation in this instance would be obviously
pursued.
COLLATERAL INCOME
We strongly oppose and are greatly disturbed by the clause in the statue which requires any
distribution under the fund to be offset by "the amount of collateral source compensation the claimant has
received or is entitled to receive....[including] life insurance, pension funds, death benefit programs." Since
this is a governmentally sponsored fund, we find it understandable and acceptable to reduce the amount
recovered under such by the monies received through other government programs. However, reducing
the amount distributed by proceeds of life insurance policies of the decedents is unreasonable and
contrary to public policy. It establishes a system of disparate treatment among the victims in that it
penalizes some for investments made through personal purchases, while excusing others. For example,
victims who increased their families' assets through personal purchases of stock or related investments to
a level where life insurance was not necessary, would be able to collect from the fund as written with
minimal offset. However, those who planned to increase family assets through life insurance would have
the same distribution substantially reduced by the amount of the life insurance proceeds. If an individual
purchased a rare painting for his estate planning , sold after his demise at a substantial financial gain for
his heirs, his families' distribution under the fund would not be reduced. Yet distribution to the family who
purchased life insurance instead, if regulated as planned, would be offset by the proceeds. It is quite
simply an unequal and unfair provision.
The government may not investigate and penalize against the personal purchases of individuals.
We do enjoy the right of the protection of liberty in this country, we have the right to earn a living and
spend our after tax dollars as we see fit. All life insurance proceeds should not be considered as
collateral income under the Fund. Most specifically, supplemental life insurance, obtained with personal
funds, must be absolutely exempted from the provisions which regulate distribution reductions under the
Fund. If revising the language of the statute is not an option of this Committee at this juncture, or not an
option until properly challenged, we submit that reduction of the distribution under the Fund by a percent
of the proceeds of employer sponsored or funded life insurance by the amount of employer contribution
would be an acceptable compromise. No reduction of supplemental life insurance should be considered.
COLLATERAL INCOME/IRA'S; CHARITABLE DONATIONS
Pension funds, IRA's and 401K plans are essentially savings accounts of another name funded
with the personally earned money of the decedent. The choice of one's particular occupation or allocation
of his income gave rise to the monies available at retirement or death in these accounts. Again the issue
of disparate treatment arises. Individuals who saved in a standard bank sponsored savings account suffer
no reduction from distribution under the Fund. Individuals who allocated their savings of personally
earned income to retirement accounts suffer reduction of the total amount in savings to that which would
be distributed under the Fund. In deference to the governmental involvement in IRA's et al., money owed
due to professional tax treatment of savings in retirement accounts could be reduced from Fund
allocations, but principal determined to be from personal savings must not.
In the end, we lost our loved ones because they worked in a national landmark. The terrorists
chose these buildings, the World Trade Centers, because they symbolized the American economy, the
freedom of capitalism. It was an act of war on America and the American people recognized this. As a
result, in an effort to support our country and to unite with those of us who suffered the greatest loss in
this tragedy, the American people donated hard earned money to ease the burden of those of us left to
suffer this loss for a lifetime. Donations were generously given as a form of healing for both donor and
receiver. It is reprehensible that the very charities trusted with the responsibility to honor the wishes of
the American people see fit to withhold the donations for personal objectives, yet to have the government
attempt to belittle the gesture of its own people even further is as horrific as the tragedy itself. The
money donated is toted as "a gift from the American people." Since when does our government have the
right to investigate our personal gifts and require the recipients to "pay them back"? Charitable donations
must not be considered a source of collateral income to reduce the amounts distributable under the Fund.
That is not in the Spirit of which the donations were given. Restitution of the amounts by a reduction in
Fund allocation would serve only to financially benefit the government. If that is what the people of this
country had intended, they would have sent their checks to the government first hand.
RIGHT TO APPEAL
One of the liberties we enjoy in America is the right to an appeal. In cases heard before
a judge in trial and in most heard before a hearing officer in an administrative agency, respondents enjoy
the right to appeal the decision. Plaintiffs would have the right to appeal a decision on varying levels if
litigation were pursued in response to the events of September 11. Denying one the right to appeal the
decision of the Special Master is not an incentive to consider merits of the Victim's Compensation Fund.
And it is contrary as well to the standard practices of adjudication of this country.
Finally we would respectfully request that payment under the fund be paid in one lump sum and
as directed by the claimants. For example, sums paid to a victim's minor children should be permitted to
be made in trust with vesting as determined by the minor child guardian.
CONCLUSION
Thank you again for this opportunity to comment on regulations which will bear great effect on
our lives and the lives of the children of the victims. We have suffered the greatest of losses because we
live in America and because our loved ones worked in the symbol of American capitalism. We are
changed forever; we bear the burden of other's hatred of our country's ideals more than anyone at this
moment in time. Think of the children as you write and finalize the regulations associated with the
Victim's Compensation Fund. Think of the children, not partisan loyalties. Think of the children, because
if you do not now, you will have lost the opportunity to support your fallen families forever.
Sincerely yours
September 11 Victim's Families
SEPTEMBER 11 WTC
WIDOWS THAT CARE
North Caldwell, New Jersey
Chatam, New Jersey
Passaic, New Jersey
Manhasset, New York
Northport, New York
Oceanside, New York
New York, New York
Wantaugh, New York
Huntington, New York
Port Washington, New York
Upper Brookville, New York
New Canaan, CT
Garden City, New York
Muttontown, New York
Rockville Center, New York
North Caldwell, New Jersey
Woodcliff Lake, New Jersey
Garner, North Carolina
San Diego, California
Wayne, New Jersey
Allentown, New Jersey
Lake Success, New York
Park Ridge, New Jersey
Waldwick, New Jersey
Chatam, New Jersey
ATTACHMENT 2
November 21, 2001
Dear Mr. Zwick:
My name is . My husband, worked for on the floor and
was murdered on the morning of September 11. I heard from other wives who were fortunate to have
spoken to their husbands who told me that was trying to get out after the plane hit. He was in the
stairwell but could not get down past the flames and was heading for the roof. He called home at 10AM
but we could not establish a cell connection. I do not know where he was yet I am sure he was thinking
of us. I am sure he was crying. I am sure he knew he was going to die. I did not get to say "I love you",
I did not get to say "goodbye". I did not get to ever talk to him or see him again. His body has not been
recovered. He was 37.
We have three children. They will never see their Daddy again. They will grow up without their
Daddy whom they loved with their whole heart. They will be reminded of their Daddy's most horrific
death for the rest of their lives as this is now a moment in history. They are just babies. They will not
remember the wonderful person their Dad was. They will not enjoy the benefit of all he could have given
them. They will miss him more than I could ever begin to describe to you.
They are victims of the attack on the World Trade Centers as much as my husband was. They
must grow up to know that their government supported them at this time of devastation; that their
government provided for the casualties of this war; and that their government valued the life of its citizen,
who died because he was an American.
Please accept the comments and opinions of the attached letter as that of my own. Thank you
for this opportunity to comment on the September 11 Victim Compensation Fund.
Individual Comment
North Caldwell, NJ
ATTACHMENT 3
Mr. Zwick
My Dad died on September 1
I am mad and sad.
I miss him.
I want him back.
Please be very aware that the children have a voice that should be heard also.
Age 6
Son of .
ATTACHMENT 4
November 20, 2001
Dear Mr. Zwick:
My name is . My husband worked for on the of One World Trade Center
and was murdered by terrorists on September 11. He called me twice, first at 8:30 am to ask how his son
was feeling and then again at 8:50 am. There was fear in his voice as he said "the building's been hit by a
---------- plane." I could hear the chaos in the background and he then told me he was in the stairwell,
they had cell phones and the smoke was really bad - he was trying to get out. We said a tearful "I love
you" and then "good-bye". I never heard from him again. His remains have not been recovered. He was
41.
We have three children. They will never see, play with or hug their daddy again. They will grow up with
fear and hatred in their hearts. My husband will never hold them or watch them grow up, and I will never
feel his arms around me or have his support in raising a family. They will grow up with horrific images of
that day and know people who hate us did this to us, and our government let us down. Their belief in the
God has been shaken, their trust that America is safe and secure shattered, their joy of life crushed and
their lives have been permanently altered. They were so innocent and now they are so scared. They cry
themselves to sleep at night and wake up with nightmares. There are no words to describe how horrible
our lives have become because of this disgusting tragedy. We are lonely, frightened and heartbroken.
They have been cheated, please don't allow them to be cheated again. Think of all the children and help
secure their financial futures since their worlds have been completely destroyed.
Please accept the comments of the attached letter as that of my own. Thank you for this opportunity to
comment on the September 11 Victim Compensation Fund.
Sincerely,
Individual Comment
Chatham, NJ
Attachment 5
November 21, 2001
Mr. Kenneth Zwick
U.S. Department of Justice
950 Pennsylvania Avenue
Washington, DC 20530
Dear Mr. Zwick:
My husband, , was an employee of and worked on the floor of One World Trade Center. On
September 11th, he left for work at 5:00 a.m. as he had done most mornings for the past 20 years. He
called me at 8:20 that morning to wish me a happy birthday. That was the last I heard from him. He was
46 years old. I was one of the very few wives who received a call from their husbands after the brutal
terrorist attack, I did not get a chance to say a final goodbye.
My husband of thirteen years left behind three young children. . My sons will never again have their
father coach their basketball or baseball teams as he had done many times in the past. It was a struggle
for him to make it home from the city in time, but he managed to do it. My daughter especially misses her
father at bedtime, when he would read her stories and cuddle with her until she would drift off to sleep.
This was all brutally taken away from them. My life without my husband is full of grief and yet I must go
on for the sake of my children. I am sure that in his final moments of life he thought of the strength I
possess as a woman and mother, and knew that eventually his family whom he loved more than anything,
and which was the reason he went to work that morning would persevere.
I find it disheartening, that at a time of such overwhelming grief, I am forced to appeal to my government
- the very government that was supposed to protect our nation and its citizens from such an attack. I
believe that this event is the result of evil and religious fanaticism, but I also believe it was the result of a
local breakdown in our intelligence and security.
Because of the incredible amount of paper work that has come as a result of this tragedy, and the new
responsibilities that I now have to assume as a single parent of three, I am unable to write a lengthy letter
expressing my personal comment on the September 11 Victim Compensation Fund. The attached letter
expresses my opinion and that of my family. Thank you for the opportunity to be heard.
Sincerely,
Individual Comment
Attachment 6
November 20, 2001
Mr. Kenneth Zwick
U.S. Department of Justice
950 Pennsylvania Avenue
Washington, D.C. 20530
Dear Mr. Zwick:
My name is . My husband worked for on the floor of the World Trade Center. The morning
of September 11 began not unlike any other morning. awoke and got ready for work kissed me
goodbye, said "I love you", and left to catch the train to Manhattan. That was the last I would ever see or
speak to him again.
We were married for eight « years. We were best friends. Not unlike many other married couples, we
made many sacrifices in pursuit of "The American Dream".
Worked for for two 1/2 years. During that time, he spend on « years running their Frankfurt office,
commuting every other weekend to the states so that we could be together. He had only returned home
permanently in September 2000. We immediately began our long awaited renovation of our home, a solid
sign that our dreams were finally coming to fruition. We celebrated its completion this past July.
and I have no children. That was an opportunity taken from us on the morning of September 11, 2001. I
am 36 years old, he was 37.
I find it incomprehensible that such a security breach and murderous act could take place in our home
land. As an U.S. tax-paying citizen, it is infuriating to me to know that our hard-earned dollars have and
continue to be spent in foreign lands helping to aid and protect those that contribute nothing to our country.
It is difficult to conceive of this continuing foreign relief effort while there are thousands of us here in
America in need.
I have to believe that the government who failed so many of us on September 11 is going to make every
effort to restore our lives, our dignity, and our faith in The United States of America.
Please accept the comments and opinions of the attached letter as that of my own. Thank you for this
opportunity to comment on the September 11thVictim Compensation Fund.
Sincerely,
Individual Comment
Manhasset, NY
Attachment 7
November 20, 2001
Mr. Kenneth Zwick
U.S. Department of Justice
950 Pennsylvania Avenue
Washington, D.C. 20530
Dear Mr. Zwick:
My husband, worked for on the floor of One World Trade Center and was killed on September 11,
along with all the other victims of that horrible day. Although I did not hear personally from my husband,
the fellow who worked next to my husband got a call out to say that they knew they were hit by a plane,
that they were having a hard time breathing from the smoke and that they were headed for the roof. The
horror of their experience is immeasurable.
We have two children, , who miss their father very much. He was a very devoted and hard-working Dad,
spending a lot of time with them, and coaching lacrosse, soccer, and basketball teams throughout the
years. He was teaching my daughter to golf and after her cross-country meets they had planned to spend
these fall weekends golfing together. was my husband and my best friend and we planned to watch our
children grow up together.
I feel a grave injustice has befallen my husband and the victims of September 11. This was not the first
attempt at WTC destruction and my husband, along with others were in the bombing of 1993. This was
not the first time a plane was hijacked. I feel that there were grave mistakes made on the part of our
intelligence agencies, our government regarding terrorism and regarding plane safety. Our country failed
to protect its citizens to the best of their capacity. The people who returned to those buildings in 1993 felt
that they would be protected and the best job that should have been done to do that was not done. They
have been made the sacrifice in order for proper realization of what should be done to protect our citizens
on land and air. The sacrifice also now falls on the shoulders of the families left to deal with the agonizing
horrific trauma of this event.
Please accept the comments and opinions of the attached letter as that of my own. Thank you for this
opportunity to comment on the September 11 Victim Compensation Fund.
Sincerely,
Individual Comment
Manhasset, NY
Attachment 8
November 21, 2001
Mr. Kenneth Zwick
U.S. Department of Justice
950 Pennsylvania Avenue
Washington, D.C. 20530
Dear Mr. Zwick:
My name is , my husband worked on the floor of One World Trade Center for . On
September 11, 2001 at 8:55 AM called me from his office to tell me a plane hit his building and that he
was unable to get the doors open to the stairwells. He also said the smoke was "pouring into his Office.
I told him to do what ever he could to get out and to call me as soon as he was Out. He never did. He
was 36 years old and the father of 2 little girls.
Our children's lives and my life are now changed forever. adored her daddy And talks about
him all the time. She thinks he is at work and will be home soon. She is Too young to understand what
happened to him but will learn all about it when she goes To school. was a wonderful husband and
caring father who will be missed by all Who knew him and especially by his family.
In making decisions about the "September 11 Victim Compensation Fund", please be Mindful of
the horrific way in which our loved ones were murdered and how important They were in our lives. In
closing, I ask you to remember the individual who spilled hot Coffee on herself form McDonalds and was
awarded over 2 million dollars by a jury. She Is alive and well today, my husband is not.
Please accept the comments and opinions of the attached letter as that of my own. I Thank you
for this opportunity to comment on the September 11 Victim Compensation Fund.
Sincerely,
Individual Comment
Attachment 9
November 19, 2001
Dear Mr. Zwick,
My name is . My husband, , was murdered on September 11, 2001. was employed by
and was on the floor of tower one, at the time of the attack. and I have two children.
I would like to briefly explain how painful this ordeal has been on our family. would have
celebrated her birthday on September , days after the attack, instead she sat in the dark, on our front
lawn, wishing and praying that the next car that passed would be her daddy. Needless to say, her 16th
birthday wish did not come true. On the Saturday after the attack, my son played in his fall league
championship game. My husband was one of the coaches, he always coached third base. At my
son's first at bat he smashed the ball to the fence, an unmistakable home run, but could not make it
around the bases, he stopped at second, he could not bring himself to go to third, because his Dad wasn't
there, there was no third base coach that night.
I trust that with these brief stories I have somehow been able to express that pain we are feeling
and will continue to feel for the remainder of our lives.
I request the support of the United States Government during this, the most hateful and horrifying
act of terrorism in the history of the United States.
Please accept the letter attached as my own opinion.
Very truly yours,
Individual Comment
Hawthorne, NJ
Attachment 10
November 20, 2001
Mr. Kenneth Zwick
U.S. Department of Justice
950 Pennsylvania Avenue
Washington, D.C. 20530
Dear Mr. Zwick:
My name is . My husband, worked for at Two World Trade Center on the Floor. On
September 11th, I spoke to at 8:45 am and he informed me that there had been an explosion and that he
was trying to leave the building. I heard from him again at 10am and he was on the 108th floor trying to
get to the roof. I never heard from again. His body was recovered and identified on September 12.
was 34 years old.
I never got to speak to my husband again. We were only married 2 years and we had just bought
a house. I will never know what it would have been like to have children with and grow old together. I
won't get the opportunity. My partner, lover and best friend is gone forever.
Please accept the comments and opinions of the attached letter as that of my own. Thank you
for this opportunity to comment on the September 11 Victim Compensation Fund.
Sincerely,
Individual Comment
Park Ridge, NJ