[Congressional Record Volume 168, Number 75 (Thursday, May 5, 2022)]
[Senate]
[Page S2360]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Brown):
  S. 4155. A bill to amend title 28, United States Code, to authorize 
extraterritorial jurisdiction; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4155

       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     originally enacted as part of the Act entitled ``An Act to 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.''.
                                 ______