N002398
January 17, 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
RE: Comment on Interim Final Rule implementing Public Law 107-42
Dear Mr. Zwick:
I have read the interim final regulations, published on December 21, 2001, to implement
the September 11th Victim Compensation Fund of 2001. I think they are comprehensive and fair, and I applaud the efforts of the Department of Justice.
I have just one brief comment to make, and it pertains to Subpart E ~ payment of Claims.
In § 104.52 (Distribution of award to decedent's beneficiaries), the Personal Representative is
required "before payment is authorized" to "provide the Special Master a plan for distribution of any award received from the Fund." (Emphasis added.) But there is no requirement in the present text that the Personal Representative also inform the Special Master that any award he or she receives has actually been distributed.
Suggestion: I think it would be prudent in the final rule to require the Personal Representative to provide the Special Master with documentary proof of (a) the actual distribution of any award received to the rightful beneficiary or beneficiaries and (b) the amount(s) of such payment(s), within seven calendar days of the date(s) of payment(s).
Respectfully yours,
Individual Comment
Washington, DC