[DOCID: f:hr413.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-413
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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.
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\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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