N002429
Congress of the United States
House of Representatives
Washington, DC 20515-3004
January 8, 2002
Kenneth L. Zwick, Director
Office of Management Programs, Civil Division
U.S. Department of Justice, Room 3140
950 Pennsylvania Ave. NW,
Washington, DC 20530
Dear Mr. Zwick:
I am grateful for the opportunity to comment regarding the Interim final rule for the
September 11th Victim Compensation Fund of 2001, particularly, the Eligibility rule as it relates
to "physical harm" sustained and verified within 24 hours of an injury. In fairness to the victims
and families of the September 11th terrorist attack this rule must be changed.
of , New Jersey worked in 2 World Trade Center with his
brother and sister-in-law. All three were employed by the . ,
in fleeing the building sustained physical injury to his back and neck but cannot file under the
Victim's Compensation Fund. The present interim rule relative to "eligibility" excludes
from participation as treatment did nor occur within 24 hours of the injury.
What the rule fails to consider is the unique circumstance of each victim. In this instance,
the tragic death of brother and sister-in-law and the preoccupation of the family in
locating missing family members. Consequently, was treated for his injury on
September 13th and not within the arbitrary time limit imposed by the rule.
I am confident, that the circumstances as outlined in statement will
strengthen our case for change in the interim eligibility regulation. I would appreciate an
expeditious review and I look forward to hearing from you within a reasonable time frame.
If you have any question or if I may assist in some particular way, do not hesitate to
contact me either in Washington, DC or at my Whiting District Office. Your attention to this
sensitive issue is greatly appreciated.
Sincerely,
Christopher H. Smith
Member of Congress