W000469

Wednesday November 21, 2001

Honorable John Ashcroft
Attorney General
Department of Justice
950 Pennsylvania Avenue
Washington, D.C. 20530

Dear Attorney General Ashcroft:

As the Majority Leader of the New York State Assembly, I applaud the approach you are taking in soliciting wide public comment in fulfilling legislative mandate to promulgate regulations governing the distribution of funds voted by Congress and approved by the President for victims of the terrorist attacks on September 11th.

Because it was important for Congress to act speedily, the legislation of necessity sets out broad guidelines and leaves to you and your department the job of providing specificity so that these funds can be distributed fairly and expeditiously.

I write to express my view on one aspect of this important set of questions which is before you - namely, we urge that in creating the category of those who qualify as "survivors of someone lost in the crashes," (Topic 5, Notice of Inquiry), we can best carry out the intent and spirit of the law by compensating all those who suffered both grievous emotional loss from these murders, and significant financial loss as well.

The federal government should provide such compensation as is appropriate to all of those who had a close relationship with the murdered victim and whose own financial position will be seriously adversely affected by the death. Relevant proof of such a relationship include shared residence, shared bank accounts, joint membership in a health plan, a significant sharing of living expenses, etc. Obviously, this will cover a wide range of different personal relationships, and I believe that this coverage is wholly appropriate in this instance. This is the approach taken by New York State Governor George Pataki, where many of the victims live.

The act Congress passed was not an effort to regulate any set of personal relationships, nor to encourage or discourage people following any particular pattern in their living arrangements. It was simply a prompt response by the Congress to the terrible murders inflicted on America on September 11th; in particular by doing what they could to come to the aid of those who were particularly victimized by the deaths of people close to them. Aiding this entire latter category of victims seems an appropriate response.

Sincerely,

Paul A. Tokasz
Majority Leader

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