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            <name>Title</name>
            <description>A name given to the resource</description>
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                <text>Department of Justice Emails</text>
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            <name>Description</name>
            <description>An account of the resource</description>
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                <text>The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families.  These e-mails have been organized here by date.</text>
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  <itemType itemTypeId="18">
    <name>September 11 Email</name>
    <description/>
    <elementContainer>
      <element elementId="65">
        <name>September 11 Email: Body</name>
        <description>The basic content, as unstructured text; sometimes containing a signature block at the end.</description>
        <elementTextContainer>
          <elementText elementTextId="315388">
            <text>




November 21, 2001








Dear Mr. Attorney General,



As the elected legislator representing thousands of survivors of the September 11th 
attacks and their families, I have a great interest in ensuring that they receive prompt and 
adequate financial payment which would, in part, compensate them for their 
incomprehensible losses. I am writing to urge you to include all of those who suffered 
this grievous emotional loss and significant financial loss by employing the broadest 
possible interpretation of the phrases "physical harm," "immediate aftermath" and 
"collateral source."  Proper application of these phrases, as used in this Act, is critical to 
ensure that eligible survivors and family members receive just compensation and 
appropriate awards.



Specifically, "physical harm" should include those suffering from post-traumatic 
disorders due to the events of September 11th, for example, difficulty performing daily 
tasks and/or normal functions.  It is also critical to ensure that compensation is paid for 
harm that arises or is discovered after a claim is filed or after the time frame for filing a 
claim has passed.  Survivors, rescue and recovery workers, and other persons in New 
York City and elsewhere inhaled dangerous levels of toxic substances on September 11th 
and after.  The Attorney General's regulations must assure that harm resulting from these 
exposures is fully compensable under the Act.



"Immediate aftermath" must be viewed in a broad geographic sense, as well.  For 
example, persons in other parts of Manhattan and in other New York communities may 
have been miles away from "ground zero," yet suffered physical harm from toxic plumes 
that were emitted.



The "collateral source" category described in the act must be narrowly drawn so as not to 
punish survivors and family members who received assistance from charitable 
organizations.  "Collateral source" should only include funds received through a contract,
an enforceable agreement, or a protected interest in a government entitlement, such as a 
social security benefit.



Further, compensation under the Act should be available without regard to the 
immigration status of the victim, survivor or family member.  The death and destruction 
wrought by these tragic events did not discriminate based on age, gender, occupation or 
legal status.  All those injured and their survivors and family members should be 
compensated.  The Attorney General's regulation should provide that no person who 
elects to seek compensation under the Act will be punished for that election.

                                 

Domestic partners and family members of domestic partners should receive 
compensation in the same manner as the spouses and children of married partners.  The 
grief suffered by domestic partners and their family members is no less than that suffered 
by traditional families; it should be compensated no less.  In this instance I urge you to 
follow the actions of Governor Pataki in his Executive Order relating to Crime Victim 
Awards from the events of September 11th.



A waiver of rights occurs very early in the application process and before the statute of 
limitations may have expired for the commencement of a civil action.  As a result, those 
claimants who suffered damages undiscovered at the time of filing a claim must have the
opportunity to withdraw their claim and rescind such a waiver.  Allowing 60 days from 
the time of a filed claim for the rescission of a waiver would balance fairness with 
finality.



In addition, to facilitate the application process and avoid undue burden on the applicants,
claimants should be asked to submit no more documentation than is necessary to 
demonstrate eligibility.  Where a governmental entity has recognized a death or injury, 
that recognition should be accepted under the Act without requiring additional proof.
Also, while the Act does not expressly address the issue, the Attorney General's 
regulations should make clear that a claimant may administratively appeal any 
determination of the Special Master.  All forms and informational brochures should 
include a toll-free telephone number applicants may call for assistance.  Telephone 
assistance should be available in all appropriate languages, in recognition of the 
wonderful diversity of New York City.



To help ensure that all persons eligible for compensation under the Act learn of the 
compensation fund, the Attorney General should develop a public outreach and 
advertising campaign.  Advertisements should contain objective information and offer a 
toll-free telephone number.  Advertising should not be a forum for campaign-style 
rhetoric or the promotion of one or more public officials.



The clear intent of the Act is to assure generous compensation for survivors and family 
members of the victims of these heinous attacks.  Compensation should include lost 
wages for the anticipated lifespan of the deceased, college expenses for children, lifetime
medical insurance and coverage for ongoing medical expenses.  Economic loss should 
include loss of earnings or other benefits related to employment, medical expense loss, 
replacement services loss, loss due to death, burial costs and loss of business or 
employment opportunities.  The Attorney General's regulations should also assure 
compensation for non-economic losses, including physical and emotional pain, suffering, 
inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of 
life, loss of society and companionship and injury to reputation.



The Act passed by Congress was intended to compensate the many survivors of the 
terrible attacks of September 11th.  I urge you to broadly define the criteria set forth in the 
legislation, to ensure that those who were particularly victimized by the deaths of people 
close to them in the attacks on September 11th can receive prompt and adequate 
compensation.



Sincerely,



Individual Comment
 
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      <element elementId="66">
        <name>September 11 Email: Date</name>
        <description>The local time and date when the message was written.</description>
        <elementTextContainer>
          <elementText elementTextId="315389">
            <text>2001-11-21</text>
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          <name>Title</name>
          <description>A name given to the resource</description>
          <elementTextContainer>
            <elementText elementTextId="315390">
              <text>dojW000644.xml</text>
            </elementText>
          </elementTextContainer>
        </element>
      </elementContainer>
    </elementSet>
    <elementSet elementSetId="4">
      <name>911DA Item</name>
      <description>Elements describing a September 11 Digital Archive item.</description>
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        <element elementId="52">
          <name>Status</name>
          <description>The process status of this item.</description>
          <elementTextContainer>
            <elementText elementTextId="315391">
              <text>approved</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="53">
          <name>Consent</name>
          <description>Whether September 11 Digital Archive has permission to possess this item.</description>
          <elementTextContainer>
            <elementText elementTextId="315392">
              <text>full</text>
            </elementText>
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        </element>
        <element elementId="54">
          <name>Posting</name>
          <description>Whether the contributor gave permission to post this item.</description>
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            <elementText elementTextId="315393">
              <text>yes</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="55">
          <name>Copyright</name>
          <description>Whether the contributor holds copyright to this item.</description>
          <elementTextContainer>
            <elementText elementTextId="315394">
              <text>yes</text>
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        <element elementId="56">
          <name>Source</name>
          <description>The source of this item.</description>
          <elementTextContainer>
            <elementText elementTextId="315395">
              <text>born-digital</text>
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        <element elementId="57">
          <name>Media Type</name>
          <description>The media type of this item.</description>
          <elementTextContainer>
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              <text>email</text>
            </elementText>
          </elementTextContainer>
        </element>
        <element elementId="59">
          <name>Created by Author</name>
          <description>Whether the author created this item.</description>
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            <elementText elementTextId="315397">
              <text>yes</text>
            </elementText>
          </elementTextContainer>
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        <element elementId="60">
          <name>Described by Author</name>
          <description>Whether the description of this item was submitted by the author.</description>
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              <text>no</text>
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        </element>
        <element elementId="61">
          <name>Date Entered</name>
          <description>The date this item was entered into the archive.</description>
          <elementTextContainer>
            <elementText elementTextId="315399">
              <text>2001-11-21</text>
            </elementText>
          </elementTextContainer>
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