Rep. John Conyers Jr. Holds a Markup of Pending Legislation

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Rep. John Conyers Jr. Holds a Markup of Pending Legislation

HOUSE JUDICIARY COMMITTEE HOLDS A MARKUP OF PENDING LEGISLATION

OCTOBER 24, 2007

SPEAKERS: REP. JOHN CONYERS JR., D-MICH. CHAIRMAN REP. HOWARD L. BERMAN, D-CALIF. REP. RICK BOUCHER, D-VA. REP. JERROLD NADLER, D-N.Y. REP. ROBERT C. SCOTT, D-VA. REP. MELVIN WATT, D-N.C. REP. ZOE LOFGREN, D-CALIF. REP. SHEILA JACKSON-LEE, D-TEXAS REP. MAXINE WATERS, D-CALIF. REP. BILL DELAHUNT, D-MASS. REP. ROBERT WEXLER, D-FLA. REP. LINDA T. SANCHEZ, D-CALIF. REP. STEPHEN I. COHEN, D-TENN. REP. HANK JOHNSON, D-GA. REP. LUIS V. GUTIERREZ, D-ILL. REP. BRAD SHERMAN, D-CALIF. REP. ANTHONY WEINER, D-N.Y. REP. ADAM B. SCHIFF, D-CALIF. REP. ARTUR DAVIS, D-ALA. REP. DEBBIE WASSERMAN-SCHULTZ, D-FLA. REP. KEITH ELLISON, D-MINN. REP. TAMMY BALDWIN, D-WIS. REP. BETTY SUTTON, D-OHIO

REP. LAMAR SMITH, R-TEXAS RANKING MEMBER REP. F. JAMES SENSENBRENNER JR., R-WIS. REP. HOWARD COBLE, R-N.C. REP. ELTON GALLEGLY, R-CALIF. REP. ROBERT W. GOODLATTE, R-VA. REP. STEVE CHABOT, R-OHIO REP. DAN LUNGREN, R-CALIF. REP. CHRIS CANNON, R-UTAH REP. RIC KELLER, R-FLA. REP. DARRELL ISSA, R-CALIF. REP. MIKE PENCE, R-IND. REP. J. RANDY FORBES, R-VA. REP. STEVE KING, R-IOWA REP. TOM FEENEY, R-FLA. REP. TRENT FRANKS, R-ARIZ. REP. LOUIE GOHMERT, R-TEXAS REP. JIM JORDAN, R-OHIO

[*] CONYERS: Good morning. The committee will come to order.

Pursuant to notice, I call up H.R. 3921, the Procedural Fairness for September 11th Victims Act, for purposes of markup, and ask the clerk to report the bill.

CLERK: H.R. 3921, a bill to provide nationwide subpoena authority for actions brought under the September 11th Victim Compensation Fund of 2001.

CONYERS: Without objection, the bill will be considered as read and open for amendment at any point. Members of the committee, the bill we are marking up today ensures that all parties involved have an opportunity for a fair day in court for compensation related to the September 11th tragedy. The Transportation Safety and Systems Stabilization Act passed in 2001 provided for civil litigation only in the United States District Court for the Southern District of New York, so that one court could adjudicate all the claims fairly and efficiently. The unintended consequence due to the Federal Rules of Civil Procedure was that subpoena power to secure testimony or documents from non-party witnesses has generally been limited to persons and documents located within 100 miles of the Southern District of New York. The legislation did not take this 100-mile limit into account. The 100-mile limit is contrary to the fact that many of the events relevant to the September 11 tragedy occurred in Boston, where flights, American Airlines 11 and United Airlines 175 originated, and the Washington, D.C. area, where the Pentagon is located, and the American Airlines flight 77 originated.

The bill before us remedies this problem by providing for nationwide subpoena service for all parties in the litigation - victims, victims' families and defendants - so that they have access to all pertinent information. We also make clear in the bill that the court has the power to make sure that those being subpoenaed are not unduly burdened by the nationwide subpoena power. The court will have the authority to quash or modify subpoenas if compliance would create a hardship.

It is a noncontroversial common sense measure, and I hope to enjoy the support of my colleagues on both sides of the aisle.

I am now pleased to recognize Lamar Smith, the ranking minority member from Texas, for his opening remarks.

SMITH: Thank you, Mr. Chairman. Mr. Chairman, like you, I support the Procedural Fairness Act for September 11th Victims Act of 2007. In the wake of the 9/11 terrorist attacks, Congress created an optional alternative compensation program for victims killed or injured during the attacks. This statute mandates that liability for all claims resulting from the 9/11 attacks are limited to an amount no greater than the limits of liability coverage maintained by the air carriers involved.

The statute further provides that compensation may only be obtained pursuant to a federal cause of action brought in U.S. District Court for the Southern District of New York, where a consolidated action is already pending. Representatives of several passengers, ground victims, and others are suing airline companies, airport security firms, a...

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