FOR IMMEDIATE RELEASE: September 22, 2001


SENATE GUARANTEES FULL COMPENSATION TO FAMILIES OF WORLD TRADE CENTER MISSING

Schumer details provisions of compensation bill that would provide full benefits to victims' families

Senator: "While no salve can heal the wounds inflicted by the nightmarish deeds of September 11, this bill guarantees that the people most affected by these tragic events are not forgotten by the federal government ." Families of the victims of the World Trade Center attacks will not be forgotten by the federal government, US Senator CHARLES E. SCHUMER said today, after inserting a provision in the airline bailout bill just passed by the Senate that guarantees full financial compensation to the families of the victims of the attacks.

The provision - which Schumer inserted into the bill along with Senators Tom Daschle (D-SD) and Patrick Leahy (D-VT) - enables the families of the missing to file claims with the federal government to recover their loved ones' lost wages and receive compensation for the victims' pain and suffering caused by the attacks.

"There is very little solace anyone can provide the families who lost loved ones in last week's heinous terrorist attacks. So in place of solace, we can at least try to offer them financial security," Schumer said. "Congress passed a bill yesterday that does just that by guaranteeing that those who lost their loved ones will receive compensation without having to go through the ordeal of litigation."

"By supporting this bill, President Bush has once again demonstrated his commitment to helping New Yorkers in their time of need. Along with Senator Daschle and Senator Leahy in particular, the White House and the Senate have worked together to quickly help the more than 6,000 families most affected by the attacks. That's exactly the kind of unity we will need in the coming months and years to bring those responsible to justice and ensure that something like this never happens again," Schumer continued.

Schumer explained that families who lost loved ones can obtain financial relief by filing a claim with the federal government demonstrating the financial impact of the attacks on the victims. These claims will include both economic factors like lost wages and non-economic factors like pain and suffering. The claim will then be reviewed by a special master appointed by the Department of Justice who will determine the financial relief each family will receive. The families of the victims and the injured will receive help from the Department of Justice in preparing their claims, and pro- bono legal assistance when they appear before the special master. There are no caps or limits on the total amount family can receive in compensation, and the legislation requires the claims to be processed and paid out within five months of when the application is initially filed. Claims must be processed within 120 days and paid within another 20 days.

"The families of the victims of the attacks have suffered more than anyone could imagine already," Schumer said. "Forcing them to endure a long, drawn out, heart-wrenching legal process is simply too much to ask. This plan allows them to receive financial compensation quickly, fairly and compassionately."

Schumer said that to participate in the program, the families of the victims will have to waive their right to sue in federal court. He emphasized that claimants are in no way required to give up that right and may sue if they prefer to do so. Schumer cautioned, however, that there may be difficult legal hurdles of proving liability and that potential litigants could be forced to face the prospect of years of expensive, complicated, and emotional legal proceedings.

Schumer said that the compensation provision was initially excluded from the bill. But after stating that he could not support a bill that did not take care of the families of the victims and those injured in the attacks, Schumer worked with Senators Daschle and Leahy to put the provision back in the bill, where it remained through passage.

"No salve can heal the wounds inflicted by the nightmarish deeds of September 11. But this helps take care of some of the economic fear and financial suffering that many of these families face. The advocates of victims rights have won out and have guaranteed that the people most directly affected by the tragic events of September 11 are not forgotten by the federal government," Schumer said.

Schumer noted that the amount of the damages awarded to the families would be offset by whatever direct payments the claimants have received, such as life insurance or pension plans.

The claims process is open to the estates of those died or who suffered personal physical injury as a result of the attacks. "This applies across the board - from the person who perished on the top floors to the firefighter who went in to rescue to the bagel shop owner injured 80 floors below," Schumer said.

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