N002403
January 16, 2002
Mr. Kenneth L. Zwick
Director, Office of Management Programs
Civil Division
United States Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue NW
Washington, D.C. 20430-0001
SEPTEMBER 11TH VICTIM COMPENSTION FUND OF 2001
Dear Mr. Zwick,
On advice from my attorney, , I am submitting my
comments concerning the Interim Final Rules pertaining to the Victim Compensation Fund.
Guidelines that would not allow me, or my son to tell of how each of us has
been devastated in this tragedy, furthers the terror that feeds on us each moment of the day.
My husband focused on providing for his family, doing a good job, and enjoying life
together. I wish that he had been less conscientious so that he might still be with us today.
My story is no more unique or heart-rending than that of any other young family whose
center has been taken from them.
The country's urge, to return to "normal" might seem to promote the quick
shunting aside of overwhelming tasks, in an effort to get pass the tragedy. However, for those
of us specifically affected by this event, "normal" is forever changed. The length of time
needed to set up equitable guidelines is daunting, but it is also necessary. I would ask that the
Fund err on the side of forethought to ensure equitable disbursement to each family.
Therefore, I would ask that you consider the following points:
1. Economic Loss - Individual reviews, based on a variety of differing guidelines,
need to be used to calculate accurately specific and individual loss.
2. Non-Economic Loss - Every effort should be made to devise, fairly and
equitably, a method of ascertaining this level of loss, so that it is not delineated
only by status codes of class or standing of the decedents and their families.
3. Burden of Proof - The additional stress of the burden of proof of extraordinary
circumstances would be removed from the lives of many families if each claim
were individually reviewed.
4. Processing of Claims - , has included in their comments,
a proposal for an additional track, "C," of processing claims which would
remove the burden of "waiving rights" on the submission of claims. I
wholeheartedly support their proposal.
5. Hearings/Recordings of Hearing - "Due process of Law" should be ensured for
each family, whether or not, the decedents were American citizens.
6. Distribution of Award - Should be specifically handled by the office of the
Special Master. The Personal Representative of the decedent should not be
required to distribute individual awards to all claimants as this would further add
to the burden on the families.
7. Finally, under no circumstance, should the situation arise where a claimant is
entitled to receive nothing form the Fund. The establishment of a minimum
award would allow for a measure of security for each family.
I appreciate this opportunity to comment on the structure of the Fund.
Respectfully yours,
Individual Comment
Brooklyn, NY