I 

114TH CONGRESS 

1ST SESSION H. R. 3394 

To amend the Terrorism Risk Insurance Act of 2002 to allow for the use 

of certain assets of foreign persons and entities to satisfy certain judgments against terrorist parties, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2015 

Mr. POSEY (for himself, Mr. TROTT, Mr. DEUTCH, and Mr. JOHNSON of 

Georgia) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Terrorism Risk Insurance Act of 2002 to 

allow for the use of certain assets of foreign persons 

and entities to satisfy certain judgments against terrorist 

parties, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clarifying Amendment 

5 to Provide Terrorism Victims Equity Act’’ or the ‘‘CAP6 TIVE Act’’. 


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1 SEC. 2. USE OF CERTAIN ASSETS TO SATISFY JUDGMENTS 

2 AGAINST TERRORIST PARTIES. 

3 Section 201(a) of the Terrorism Risk Insurance Act 

4 of 2002 (28 U.S.C. 1610 note) is amended by adding at 

5 the end the following: ‘‘For purposes of this section, the 

6 blocked assets of a terrorist party are subject to execution 

7 or attachment in aid of execution in order to satisfy such 

8 judgment regardless of whether the terrorist party ceases 

9 to be a terrorist party after such judgment is entered.’’. 

10 SEC. 3. DEFINITIONS. 

11 Section 201(d) of the Terrorism Risk Insurance Act 

12 of 2002 (28 U.S.C. 1610 note) is amended— 

13 (1) in paragraph (2)— 

14 (A) in the matter preceding subparagraph 

15 (A), by striking ‘‘means’’; 

16 (B) by amending paragraph (2)(A) to read 

17 as follows: 

18 ‘‘(A) means any asset seized or frozen by 

19 the United States under section 5(b) of the 

20 Trading With the Enemy Act (50 U.S.C. App. 

21 5(b)), under sections 202 and 203 of the Inter22 national Emergency Economic Powers Act (50 

23 U.S.C. 1701; 1702), or under section 805(b) of 

24 the Foreign Narcotics Kingpin Designation Act 

25 (21 U.S.C. 1904(b)); and’’; 


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1 (2) by redesignating paragraph (4) as para2 graph (5); and 

3 (3) by inserting after paragraph (3) the fol4 lowing: 

5 ‘‘(4) PERSON.—In subsection (a), the term 

6 ‘person’ means a person who, at the time the act of 

7 terrorism described in subsection (a) was committed 

8 upon which the judgment described in such sub9 section was obtained by that person, was either— 

10 ‘‘(A) a national of the United States as de11 fined in section 101(a)(22) of the Immigration 

12 and Nationality Act (8 U.S.C. 1101(a)(22)); 

13 ‘‘(B) a member of the Armed Forces of the 

14 United States; or 

15 ‘‘(C) otherwise an employee of the Govern16 ment of the United States, or of an individual 

17 performing a contract awarded by the United 

18 States Government, acting within the scope of 

19 the employee’s employment.’’. 

20 SEC. 4. EFFECTIVE DATE. 

21 The amendments made by this Act apply to any judg22 ment entered before, on, or after the date of the enactment 

23 of this Act. 

Æ 


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