Title: Alien Tort Statute Clarification Act
Policy area: Law

Summary:
Alien Tort Statute Clarification Act
This bill establishes that U.S. district courts have extraterritorial jurisdiction over certain torts if (1) an alleged defendant is a national of the United States or an alien lawfully admitted for permanent residence; or (2) an alleged defendant is present in the United States, irrespective of the nationality of the alleged defendant.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4155 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4155

 To amend title 28, United States Code, to authorize extraterritorial 
                             jurisdiction.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 5, 2022

 Mr. Durbin (for himself and Mr. Brown) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28, United States Code, to authorize extraterritorial 
                             jurisdiction.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alien Tort Statute Clarification 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Since its founding, the United States has been a 
        proponent of international law and a champion of universal 
        human rights. Section 1350 of title 28, United States Code 
        (referred to in this section as the ``Alien Tort Statute''), 
        originally enacted as part of the Act entitled ``An Act to 
        establish the judicial courts of the United States'', approved 
        September 24, 1789 (1 Stat. 73), continues to serve important 
        purposes in providing remedies to victims of violations of 
        international law and for holding perpetrators of human rights 
        violations accountable.
            (2) Some international law violations have been addressed 
        in part by other statutes. But the Alien Tort Statute remains 
        an important tool for addressing international law violations.
            (3) Human rights abusers continue to seek refuge in the 
        United States, including foreign government and military 
        officials and leaders of death squads and other violent groups. 
        This undermines the standing of the United States and its 
        capacity to speak with authority on matters of human rights.
            (4) When corporations commit or aid and abet human rights 
        violations directly and through their supply chains, they 
        should be held accountable. Failing to do so erodes the foreign 
        policy interests of the United States and the priorities of 
        Congress.
            (5) Impunity for corporations who violate human rights 
        unfairly disadvantages businesses that respect and uphold human 
        rights. Companies that respect human rights should have a level 
        playing field with companies that do not, such as those that 
        would continue to do business in areas of the world known for 
        mass atrocities or war crimes, including the Xinjiang region of 
        the People's Republic of China or in the Russian Federation 
        amidst the ongoing invasion of Ukraine.
            (6) In many countries where human rights abuses occur, 
        victims are unable to obtain justice because of ongoing 
        conflicts and violence, corruption, and inadequate rule of law. 
        In many such cases, a suit under the Alien Tort Statute is the 
        only option for redress and accountability.
            (7) The international law violations for which the Alien 
        Tort Statute provides a remedy are universal and the Alien Tort 
        Statute is a testament to the rule of law in the United States.
            (8) The Alien Tort Statute should be available against 
        those responsible for human rights abuses whenever they are 
        subject to personal jurisdiction in the United States, 
        regardless of where the abuse occurred.

SEC. 3. EXTRATERRITORIAL JURISDICTION.

    Section 1350 of title 28, United State Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        district''; and
            (2) by adding at the end the following:
    ``(b) Extraterritorial Jurisdiction.--In addition to any domestic 
or extraterritorial jurisdiction otherwise provided by law, the 
district courts of the United States have extraterritorial jurisdiction 
over any tort described in subsection (a) if--
            ``(1) an alleged defendant is a national of the United 
        States or an alien lawfully admitted for permanent residence 
        (as those terms are defined in section 101 of the Immigration 
        and Nationality Act (8 U.S.C. 1101)); or
            ``(2) an alleged defendant is present in the United States, 
        irrespective of the nationality of the alleged defendant.''.
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