[House Report 110-413]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-413

======================================================================



 
        PROCEDURAL FAIRNESS FOR SEPTEMBER 11 VICTIMS ACT OF 2007

                                _______
                                

October 29, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3921]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 3921) to provide nationwide subpoena authority for 
actions brought under the September 11 Victim Compensation Fund 
of 2001, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     4
Constitutional Authority Statement...............................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     4
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    H.R. 3921, the ``Procedural Fairness for September 11 
Victims Act of 2007,'' amends the Air Transportation Safety and 
System Stabilization Act to allow victims of the September 11, 
2001 terrorist attacks and their families who opted out of the 
September 11th Victims Compensation Fund to have nationwide 
subpoena power when litigating claims arising out of such 
attacks. This provision also extends to defendants in such 
litigation. Under current law, such claims must be commenced in 
the United States District Court for the Southern District of 
New York, and pursuant to Federal Rule of Civil Procedure 45, 
generally a party only may secure testimony and documents from 
a non-party witness who lives within 100 miles of the Southern 
District of New York. H.R. 3921 addresses this problem by 
providing for nationwide subpoena power. The court however, 
would retain its authority to modify or quash any subpoena that 
determined to be too burdensome.

                Background and Need for the Legislation

    Within eleven days of the September 11 attacks, legislation 
was drafted, debated, adopted and signed into law as the Air 
Transportation Safety and System Stabilization Act (ATSSSA).\1\ 
ATSSSA, inter alia, provided assistance to the airline industry 
and created an optional alterative compensation program for 
individual victims killed or injured by the terrorist attacks 
of September 11, 2001, known as the September 11th Victims 
Compensation Fund (``the Fund''). The Fund 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. The intent of the 
Fund was to consolidate all litigation arising out of the 
September 11, 2001 attacks in one court which could adjudicate 
all the claims in an efficient, equitable and fair venue.
---------------------------------------------------------------------------
    \1\49 U.S.C. Sec. 40101 note.
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    The Act, however, does not address the ramifications of 
Federal Rule of Civil Procedure Rule 45(b)(2), which generally 
only authorizes service of a trial subpoenas to non-party 
witnesses in the district or State where the case was filed or 
anyplace within 100 miles of the district where the action is 
filed (termed the ``100 mile bulge''). With respect to the 
September 11, 2001 litigation, many of the non-parties are 
located outside of this geographically defined range.
    Presently pending before the United States District Court 
for the Southern District of New York is the consolidated 
action, In re September 11 Litigation, in which representatives 
of certain victims as well as an array of parties suing for 
property damage and consequential economic loss. Defendants in 
this litigation include airport security firms, airport 
authorities, the Boeing Corporation, and others. The litigation 
focuses not only on the events that occurred at the World Trade 
Center in New York City but also on Dulles Airport, Newark 
International Airport, Logan Airport, and various other 
locations around the Nation, including the headquarters for 
each of the various airlines and security companies.
    For all parties to this litigation to have access to 
information relevant to the case, it is necessary to make 
available at trial non-party witnesses from these and other 
locations. H.R. 3921 accomplishes this objective by simply 
amending section 408(b) of the ATSSSA to authorize service of 
process anyplace in the United States. It also makes clear that 
the court retains its authority to quash or modify a subpoena 
as provided in clause (i), (iii), or (iv) of subparagraph (A) 
or subparagraph (B) of Federal Rule of Civil Procedure 
45(c)(3).

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
3921.

                        Committee Consideration

    On October 24, 2007, the Committee met in open session and 
ordered the bill, H.R. 3921, favorably reported without 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 3921.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3921, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 26, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3921, the 
Procedural Fairness for September 11 Victims Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 3921--Procedural Fairness for September 11 Victims Act of 2007
    H.R. 3921 would amend the Air Transportation Safety and 
System Stabilization Act (Public Law 107-42) to permit 
subpoenas issued under that law to be served anywhere in the 
United States. Current law limits the service of certain 
subpoenas under P.L. 107-42 to locations within 100 miles of 
the United States District Court for the Southern District of 
New York. CBO estimates that implementing this change in 
judicial procedure would result in no cost to the federal 
government. Enacting H.R. 3921 would not affect direct spending 
or receipts.
    H.R. 3921 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860. This estimate was approved by 
Theresa Gullo Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
3921 will provide procedural fairness to victims of the 
September 11, 2001 terrorist attacks and their families who 
opted out of the September 11th Victims Compensation Fund, as 
well as defendants, to have nationwide service of process when 
litigating claims arising out of such attacks.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause 9 of the 
Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 3921 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    Sec. 1. Short Title. Section 1 sets forth the short title 
of the bill as the Procedural Fairness for September 11 Victims 
Act of 2007.
    Sec. 2. Findings. Section 2 includes several findings, 
including the finding that litigating a Federal cause of action 
under the September 11th 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.
    Sec. 3. Nationwide Subpoenas. Section 3 amends Section 
408(b) of the September 11th Victims Compensation Fund of 2001 
to allow service anyplace in the United States. It also 
clarifies that the court retains its authority to quash or 
modify a subpoena as provided in clause (i), (iii), or (iv) of 
subparagraph (A) or subparagraph (B) of Federal Rule of Civil 
Procedure 45(c)(3).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

               SEPTEMBER 11th VICTIMS COMPENSATION FUND 
OF 2001

           *       *       *       *       *       *       *


SEC. 408. LIMITATION ON LIABILITY.

    (a) * * *
    (b) Federal Cause of Action.--
            (1) * * *

           *       *       *       *       *       *       *

            (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.

                                  
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