[United States Statutes at Large, Volume 121, 110th Congress, 1st Session]
[From the U.S. Government Printing Office, www.gpo.gov]

121 STAT. 1039

Public Law 110-113
110th Congress

An Act


 
To provide nationwide subpoena authority for actions brought under the
September 11 Victim Compensation Fund of 2001. [NOTE: Nov. 8,
2007 -  [S. 2106]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, [NOTE: Procedural
Fairness for September 11 Victims Act of 2007.]
SECTION 1. [NOTE: 49 USC 40101 note.] SHORT TITLE.

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


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121 STAT. 1040
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.''.

Approved November 8, 2007.

LEGISLATIVE HISTORY--S. 2106:
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CONGRESSIONAL RECORD, Vol. 153 (2007):
Oct. 3, considered and passed Senate.
Oct. 30, considered and passed House.