II 110th CONGRESS 1st Session S. 2106 IN THE SENATE OF THE UNITED STATES September 27, 2007 Mr. Biden (for himself, Mr. Graham, Mr. Leahy, Mr. Schumer, Mrs. Clinton, Mr. Crapo, and Mr. Martinez) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide nationwide subpoena authority for actions brought under the September 11 Victim Compensation Fund of 2001.

1.

Short title

This Act may be cited as the Procedural Fairness for September 11 Victims Act of 2007 .

2.

Findings

Congress finds the following: (1)The September 11th Victims Compensation Fund of 2001 (49 U.S.C. 40101 note) establishes a Federal cause of action in the United States District Court for the Southern District of New York as the exclusive remedy for damages arising out of the hijacking and subsequent crash of American Airlines flights 11 and 77, and United Airlines flights 93 and 175, on September 11, 2001. (2)Rules 45(b)(2) and 45(c)(3)(A)(ii) of the Federal Rules of Civil Procedure effectively limit service of a subpoena to any place within, or within 100 miles of, the district of the court by which it is issued, unless a statute of the United States expressly provides that the court, upon proper application and cause shown, may authorize the service of a subpoena at any other place. (3)Litigating a Federal cause of action under the September 11 Victims Compensation Fund of 2001 is likely to involve the testimony and the production of other documents and tangible things by a substantial number of witnesses, many of whom may not reside, be employed, or regularly transact business in, or within 100 miles of, the Southern District of New York.

3.

Nationwide subpoenas

Section 408(b) of the September 11 Victims Compensation Fund of 2001 (49 U.S.C. 40101 note) is amended by adding at the end the following: (4)

Nationwide subpoenas

(A)

In general

A subpoena requiring the attendance of a witness at trial or a hearing conducted under this section may be served at any place in the United States. (B)

Rule of construction

Nothing in this subsection is intended to diminish the authority of a court to quash or modify a subpoena for the reasons provided in clause (i), (iii), or (iv) of subparagraph (A) or subparagraph (B) of rule 45(c)(3) of the Federal Rules of Civil Procedure. .