W000565
Monday, November 26, 2001 11:32 AM
Comments re: 9/11 victim compensation fund
Dear Mr. Zwick:
I respectfully submit the following two comments on the proposed rules concerning the September 11th Victim Compensation Fund of 2001:
1. The Air Transportation Safety and System Stabilization Act (the "Act") was signed into law on September 22, 2001 to provide protection to the airlines and provide a means to compensate the victims of September 11, 2001. Section 405(c)(3)(i) of this Act sets forth a limitation on civil actions. Specifically, a claimant who files for compensation must, at the time of filing, waive any right to file a civil action (or to be a party to an action) in any federal or state court for damages sustained as a result of the terrorist-related aircraft crashes on September 11th. Since the intent of the Act was to protect airlines, this limitation on civil litigation in federal or state courts should not apply to suits against Osama Bin Laden (or his estate), the Taliban, or any other entity or person tied to the terrorist attack on September 11th. Surely, the Act was not intended to protect Bin Laden or any entity or person affiliated with him. Accordingly, it would be helpful if the rules could address this issue and carve out an exception to the limitation on civil litigation so that victims' families could pursue expedited relief from the federal Victim Compensation Fund of 2001 and still have the ability to sue Osama Bin Laden and related entities.
2. Please address whether the evidence required to be submitted by a claimant concerning collateral damages could be kept confidential or under seal so that it would not be available to the public.
Thank you for your consideration.
Very truly yours,
Individual Comment
Bethlehem, PA