[Congressional Record Volume 153, Number 160 (Monday, October 22, 2007)]
[Extensions of Remarks]
[Pages E2189-E2190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE PROCEDURAL FAIRNESS FOR SEPTEMBER 11TH VICTIMS ACT

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                         HON. TIMOTHY H. BISHOP

                              of new york

                    in the house of representatives

                        Monday, October 22, 2007

  Mr. BISHOP of New York. Madam Speaker, I rise on behalf of nine of my 
colleagues to introduce the Procedural Fairness for September 11th 
Victims Act. This bipartisan legislation is an identical companion to a 
bill introduced by Senator Biden and passed by the Senate earlier this 
month.
  We offer this legislation in response to a shortcoming in the Federal 
rules of civil procedure that has the unintended consequence of 
restricting witnesses from appearing in civil lawsuits involving 
September 11th claims.
  Six years ago, Americans came together to support one another in a 
time of national crisis. The attacks on September 11, 2001 affected all 
of us, in all walks of life and in every State across the country. 
However, for those who were injured or lost loved ones on September 
11th, geography is playing a major role in their ability to seek 
compensation.
  Shortly after September 11th, Congress mandated that victims and 
their families who opted out of the 9/11 Victims Compensation Fund and 
chose to pursue civil suits could only do so in the U.S. District Court 
for the Southern District of New York. According to the Federal Rules 
of Civil Procedure, parties can only subpoena testimony and documents 
within 100 miles of that district. As a result, many victims and their 
families cannot bring the witnesses or documents they need for their 
cases.
  In response, the Procedural Fairness for September 11th Victims Act 
will amend the Air Transportation Safety and System Stabilization Act 
to provide for nation-wide subpoena power to all parties involved--
victims, their families and the defendants--when litigating 9/11 
claims.
  Madam Speaker, I hope my colleagues agree that justice requires that 
the parties to cases arising under the Victims Compensation Fund have 
access to all the testimony and documents relevant to their claims, 
regardless of where in the U.S. the witnesses or documents are located. 
Therefore, I encourage my colleagues to cosponsor the Procedural 
Fairness for September 11th Victims Act and call

[[Page E2190]]

upon the leadership to move this legislation as soon as possible.

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