69–006 

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 


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1 49 U.S.C. § 40101 note. 

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. 

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 nonparty 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) 


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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. 


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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. 


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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. 

Æ 


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