Bill Granting Nationwide Subpoena Power to 9/11 Victims Signed into Law

Press Release

Today, the President signed U.S. Senator Joseph R. Biden, Jr.'s (D-DE) Procedural Fairness for September 11th Victims Act (S. 2106) into law. Last month, the Senate and House passed Sen. Biden's legislation, which ensures that those 9/11 victims and their families who opt out of receiving compensation through the 9/11 Victims Compensation Fund and bring civil suits instead, have access to all the information relevant to the case.

"It is now six years after September 11th and a memorial is finally being built to honor the victims of one of our nation's greatest tragedies, but victims and their families are still jumping through legal hoops just to litigate their claims," said Sen. Biden. "They deserve closure and resolution, and most of all they deserve justice."

Shortly after the 9/11 attacks, Congress mandated that victims and their families who opt out of the 9/11 Victims Compensation, and seek legal redress instead, can only do so in the U.S. District Court for the Southern District of New York. Under the Federal Rules of Civil Procedure, that means parties can only subpoena testimony and documents within 100 miles of that District. As such, many 9/11 victims and their families are legally barred from securing much-needed documents and testimony for their cases. Sen. Biden's legislation fixes that, giving nation-wide subpoena power to all parties involved - victims, their families and the defendants - when litigating 9/11 claims.

"As our nation continues to heal from the horrific tragedy of 9/11, there's no reason why victims and their families should be prevented from securing documents and witnesses, just because they happen to be more than 100 miles outside the Southern District of New York," said Sen. Biden. "The Procedural Fairness for September 11th Victims Act provides a much-needed fix and allows subpoenas to be served anywhere in the country, ensuring that all the parties involved can get all the information necessary to try these cases fully and fairly. I'm pleased that the President signed this important and timely legislation into law."

In the Senate, Sen. Biden's amendment had seven cosponsors: Senators Lindsey Graham (R-SC), Patrick Leahy (D-VT), Charles Schumer (D-NY), Hillary Clinton (D-NY), Mike Crapo (R-ID), Mel Martinez (R-FL) and Saxby Chambliss (R-GA). Representative Timothy Bishop (D-NY) introduced the House version of the legislation.

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