Justice Department seeks feedback on victims’ compensation fund

The Justice Department wants the public to weigh in on how it administers a compensation fund created by Congress for victims of the Sept. 11 attacks. According to a notice in the Nov. 5 Federal Register the new fund, called the "September 11 Victim Compensation Fund of 2001," was established to provide compensation to those who were injured as a result of the attacks or the beneficiaries of a person who was killed as a result of the attacks. The fund was included as Title 4 of the Air Transportation Safety and System Stabilization Act (H.R. 2926). According to the Justice Department, it is an alternative to filing civil actions in federal or state courts for damages sustained as a result of the terrorist-related aircraft crashes. "[The fund] encourages individuals to avoid the hassle of lengthy finger-pointing litigation in the court system by establishing compensation funds," said Paul Harris, a deputy assistant attorney general at the Justice Department. According to Harris, the government has established similar funds in the past, including The Radiation Exposure Compensation Act, which was created for people who contracted diseases as a result of radiation exposure. According to the notice, people who apply for compensation from the fund would waive their rights to file a civil action. People who have already filed a lawsuit have 90 days after the fund is up and running to withdraw their lawsuits and apply for relief from the fund. A Special Master will be appointed to oversee the fund's activities. Attorney General John Ashcroft has not yet chosen a candidate for that position. Rules for administering the fund must be developed by Ashcroft and the Special Master within 90 days of the law's enactment. That deadline is Dec. 21, 2001. Victims and others must apply for the funds within two years after the regulations are finalized. The Justice Department is asking for feedback on what forms should be used to submit claims, what information claimants should be asked to provide, how evidence supporting claims should be heard and presented, and finally, how to help people who submit applications to the fund. Other issues open for discussion include whether the program will pay victims' lawyers, whether people unhappy with their awards can appeal and whether the amount awarded should be reduced by the amount received from pensions, insurance or charities. "The Special Master will make many of the important decisions regarding the structure and administration of the program…[it's important that] the Special Master have the public's views," Harris explained. The amount of the awards will vary depending on "the harm to the claimant, the facts of the claim, and the individual circumstances of the claimant," according to the notice. Claims are to be decided within 120 days of application and payments are to be authorized within 20 days of the award decision, the notice said. "Our goal is to get the program up and running as soon as possible, realizing that many of the victims and their families will want to pursue this less litigious process and bring closure to this awful event in their lives," Harris said. Comments should be sent to victimcomp.comments@usdoj.gov or faxed to (301) 519-5956.