N002426
Congress of the United States
House of Representatives
January 17, 2002
Mr. Kenneth L. Zwick
Director
United States Department of Justice
Office of Management Programs-Civil Department
950 Pennsylvania Avenue, N.W.
Main Building Room 3140
Washington, D.C. 20530
Dear Mr. Zwick:
Let me begin by commending you and Special Master Kenneth Feinberg on the
time, effort and dedication that you have invested in your roles for September 11th Victim
Compensation Fund. I understand the monumental responsibility with which you are
charged, and appreciate the enormity of the task at hand. However, many constituents in
my district have expressed grave concern regarding the interim rule that you have issued
to administer the Fund. I concur with their trepidation. This letter, then, serves to express
the disappointment that my constituents and I feel toward the current administration of
the Victim Compensation Fund.
More than 50 people in the Eighth Congressional District died in the September
11th attacks. Their family members and loved ones still live with the indescribable
suffering and sadness of loss. While we do not pretend that these families can ever be
fully compensated, the award for their damages must strive to reflect their pain to the
greatest extent possible. The Victims Compensation Fund simply fails at this.
The non-economic award of $250,000 is too low. Even without comparing this
sum to higher court-awarded damages in recent years, I feel that this figure does not
adequately reflect a family's pain and anguish.
Furthermore, I am also concerned that the formulaic chart whereby economic
damages are determined does not adequately address the full range of potential economic
loss a family may experience. It is my hope that families, regardless of their income, will
be awarded their actual economic losses. To do this, each claimant must be evaluated on
an individual basis for careful consideration of the individual circumstance.
Finally, I wholeheartedly believe that compensation awards under the Fund
should in no way be reduced by insurance and pension payments. It is wrong that
families who purchased life insurance may be penalized. It is imperative that these
families are treated fairly. The collateral source rule in the Fund does not do this.
I look forward to hearing from you soon, and working with you in the near future
to correct the discrepancies listed above. The task before you is great and I offer you any
assistance you may need.
Sincerely,
Bill Pascrell, Jr.
Member of Congress