New York Congressmen Ensure Fairness for 9/11 Victims’ Families

Washington, DC—Today the House passed legislation, Procedural Fairness for September 11th Victims Act (S. 2106/H.R. 3961), to remove legal obstacles for families of 9/11 victims seeking justice through the federal courts.

Shortly after 9/11, Congress mandated that victims and their families who opted out of the 9/11 Victims Compensation Fund and chose to pursue civil suits could only do so in the U.S. District Court for the Southern District of New York.  According to the Federal Rules of Civil Procedure, parties can only subpoena testimony and documents from within 100 miles of that District. As a result, many victims and their families cannot bring the witnesses or documents they need for their cases.   

To correct this shortcoming, Congressman Tim Bishop introduced the bipartisan Procedural Fairness for September 11th Victims Act in the House of Representatives, following its introduction by Senator Joseph Biden and passage in the Senate. New York Congressmen Peter King, Jerry Nadler, Anthony Weiner and John Hall were all original cosponsors of the House bill. The legislation will amend the Air Transportation Safety and System Stabilization Act to provide for nation-wide subpoena power to all parties involved – victims, their families and the defendants – when litigating 9/11 claims.  

“This bill establishes a full measure of justice by allowing subpoenas to be served anywhere in the country, ensuring that all the parties involved in 9/11 suits can gain all the information necessary to try these cases fully and fairly,” said Bishop.

“As the Congressman representing the district which includes the site of the World Trade Center attack, I applaud Congressman Bishop for his leadership on this issue,” said Nadler. “This bill will provide equity to those who were injured or lost loved ones on 9/11, regardless of their location and geography.  By providing nation-wide subpoena power to all parties involved – victims, their families and the defendants – when they are litigating 9/11 claims, we can help them truly have their day in court.” 

"The tragedies of 9/11 have impacts beyond the boundaries of New York City," said King. "The passage of this bill is a victory for all who are seeking fair and equal treatment in their compensation claims."

“First responders from all over the country rushed to Ground Zero to rescue, recover and honor those who were targets,” said Weiner. “It’s a fact that thousands of people are sick, getting sicker and dying. We have a responsibility to honor these heroes by acting now to place fairness ahead of geography in providing compensation.”

“The victims of 9/11 deserve to have access to any and all information relevant to their cases,” said Hall.  “The effects of 9/11 weren’t limited to a 100 mile radius, so it makes no sense for the law to prevent 9/11 victims and their families from obtaining the testimony and documents they need from a larger area outside the Southern District of New York.”