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SECTION 1. SHORT TITLE.

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

SEC. 2. SUITS BY ALIENS.

Section 1350 of title 28, United States Code, is amended to read as
follows:
''Sec. 1350. Alien's action for tort
''(a) Jurisdiction of District Courts.--The district courts shall
have original and exclusive jurisdiction of any civil action brought by
an alien asserting a claim of torture, extrajudicial killing, genocide,
piracy, slavery, or slave trading if a defendant is a direct
participant acting with specific intent to commit the alleged tort. The
district courts shall not have jurisdiction over such civil suits
brought by an alien if a foreign state is responsible for committing
the tort in question within its sovereign territory.
''(b) Definitions.--For the purposes of this section:
''(1) Defendant.--The term 'defendant' means any person
subject to the jurisdiction of the district courts of the
United States, including--
''(A) a United States citizen;
''(B) a natural person who is a permanent resident
of the United States;
''(C) a natural person who resides in the United
States; or
''(D) a partnership, corporation, or other legal
entity organized under the laws of the United States or
of a foreign state.
''(2) Foreign state.--The term 'foreign state' has the
meaning given that term in section 1603 of title 28, United
States Code.
''(3) Extrajudicial killing.--The term 'extrajudicial
killing'--
''(A) means a deliberated killing, which--
''(i) notwithstanding the jurisdictional
limitations referred to in subsection (a), is
carried out by an individual under actual or
apparent authority, or color of law, of any
foreign state;
''(ii) is directed against another
individual in the offender's custody or
physical control; and
''(iii) is not authorized by a previous
judgment pronounced by a regularly constituted
court affording all the judicial guarantees
which are recognized as indispensable by
civilized peoples; and
''(B) does not include any such killing that, under
international law, is lawfully carried out under the
authority of a foreign state.
''(4) Genocide.--The term 'genocide' means, whether in time
of peace or in time of war, an act carried out, or an attempt
to carry out an act, with the specific intent to destroy, in
whole or in substantial part, a national, ethnic, racial, or
religious group as such, which--
''(A) kills members of that group;
''(B) causes serious bodily injury to members of
that group;
''(C) causes the permanent impairment of the mental
faculties of members of the group through drugs,
torture, or similar techniques;
''(D) subjects the group to conditions of life that
are intended to cause the physical destruction of the
group in whole or in part;
''(E) imposes measures intended to prevent births
within the group; or
''(F) transfers by force children of the group to
another group.
''(5) Piracy.--The term 'piracy' means--
''(A) any illegal acts of violence or detention, or
any act of depredation, committed for private ends by
the crew or the passengers of a private ship or a
private aircraft, and directed--
''(i) on the high seas, against another
ship or aircraft, or against persons or
property on board such ship or aircraft; or
''(ii) against a ship, aircraft, persons,
or property in a place outside the jurisdiction
of any country;
''(B) any act of voluntary participation in the
operations of a ship or of an aircraft with knowledge
of facts making it a pirate ship or aircraft; or
''(C) any act of inciting or of intentionally
facilitating an act described in subparagraph (A) or
(B).
''(6) Slave trading.--The term 'slave trading' includes--
''(A) all acts involved in the capture,
acquisition, or disposal of a person with intent to
reduce such person to slavery;
''(B) all acts involved in the acquisition of a
slave with a view to selling or exchanging such slave;
''(C) all acts of disposal by sale or exchange of a
slave acquired with a view to being sold or exchanged;
and
''(D) in general, every act of trade or transport
of slaves.
''(7) Slavery.--The term 'slavery' means the status or
condition of a person over whom any or all of the powers
attaching to the right of ownership are exercised.
''(8) Torture.--
''(A) In general.--Notwithstanding the
jurisdictional limitations referred to in subsection
(a), the term 'torture' means any act, carried out by
an individual under actual or apparent authority, or
color of law, of any foreign state, directed against
another individual in the offender's custody or
physical control, by which severe pain or suffering
(other than pain or suffering arising only from or
inherent in, or incidental to, lawful sanctions),
whether physical or mental, is intentionally inflicted
on that individual for such purposes as obtaining from
that individual or a third person information or a
confession, punishing that individual for an act that
individual or a third person has committed or is
suspected of having committed, intimidating or coercing
that individual or a third person, or for any reason
based on discrimination of any kind.
''(B) Mental pain or suffering.--In subparagraph
(A), mental pain or suffering refers to prolonged
mental harm caused by or resulting from--
''(i) the intentional infliction or
threatened infliction of severe physical pain
or suffering;
''(ii) the administration or application,
or threatened administration or application, of
mind altering substances, or other procedures
calculated to disrupt profoundly the senses or
the personality;
''(iii) the threat of imminent death; or
''(iv) the threat that another individual
will imminently be subjected to death, severe
physical pain or suffering, or the
administration or application of mind altering
substances or other procedures calculated to
disrupt profoundly the senses or personality.
''(c) Liability for Damages.--Any defendant who is a direct
participant acting with specific intent to commit a tort referred to in
subsection (a) against an alien shall be liable for damages to that
alien or to any person who may be a claimant in an action for the
wrongful death of that alien.
''(d) Exhaustion of Remedies.--A district court shall abstain from
the exercise of jurisdiction over a civil action described in
subsection (a) if the claimant has not exhausted adequate and available
remedies in the place in which the injury occurred. Adequate and
available remedies include those available through local courts, claims
tribunals, and similar legal processes.
''(e) Foreign Policy Interests of the United States.--No court in
the United States shall proceed in considering the merits of a claim
under subsection (a) if the President, or a designee of the President,
adequately certifies to the court in writing that such exercise of
jurisdiction will have a negative impact on the foreign policy
interests of the United States.
''(f) Procedural Requirements.--
''(1) Specificity.--In any action brought under this
section, the complaint shall state with particularity specific
facts that--
''(A) describe each tort alleged to have been
committed and demonstrate the reason or reasons why the
tort action may be brought under this section, provided
that if an allegation is made on information and
belief, the complaint shall state with particularity
all facts on which that belief is formed; and
''(B) demonstrate that the defendant had the
specific intent to commit the tort alleged to have been
committed.
''(2) Motion to dismiss.--In any action brought under this
section, the court shall, on the motion of any defendant,
dismiss the complaint if the requirements of subparagraphs (A)
and (B) of paragraph (1) are not met.
''(3) Stay of discovery.--In any action brought under this
section, all discovery related to the merits of the claim and
other proceedings shall be stayed during the pendency of any
motion to dismiss, unless the court finds upon the motion of
any party that particularized discovery is necessary to
preserve evidence or to prevent undue prejudice to that party.
''(4) Plaintiff identity.--
''(A) Requirement.--Subject to subparagraph (B), in
any action brought under this section, the first and
last names of all plaintiffs shall be disclosed in the
complaint filed with the court.
''(B) Exception.--A court may permit an anonymous
filing of a complaint if a plaintiff's life or safety
would be endangered by publicly disclosing the
plaintiff's identity.
''(g) Fees.--Contingency fee arrangements are prohibited in any
action brought under the jurisdiction provided in this section.
''(h) Statute of Limitations.--No action shall be maintained under
this section unless it is commenced not later than 10 years from the
date the injury occurred.
''(i) Application of Other Laws.--Nothing in this section may be
construed to waive or modify the application of any provision of the
Class Action Fairness Act of 2005 (Public Law 109-2; 119 Stat. 4) and
any amendment made by that Act, or of title 28, United States Code, to
any class action law suit brought under this section.''.
Alien Tort Statute Reform Act - Amends the federal judicial code to revise the alien tort (injury) statute. Grants exclusive, as well as original, jurisdiction to U.S. district courts over tort claims brought by aliens against U.S. individuals and business entities (e.g., corporations and partnerships). Specifies the torts that are actionable under the Act as torture, extrajudicial killing, genocide, piracy, slavery, or slave trading.

Establishes as the legal standard for defendant liability under the Act direct participation with specific intent to commit the alleged tort. Requires courts to decline jurisdiction over an alien tort claim if: (1) the alien claimant has not exhausted adequate and available remedies in the place where the alleged tort occurred; or (2) the President certifies in writing that the exercise of jurisdiction will have a negative impact on U.S. foreign policy interests.

Requires claims under the Act to be brought within 10 years from the date of the alleged tort.