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Union Calendar No. 531 

114TH CONGRESS 

2D SESSION H. R. 3394 

[Report No. 114–685] 

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 

JULY 12, 2016 

Additional sponsors: Mr. FORBES, Mr. ROONEY of Florida, and Mr. POE of 

Texas 

JULY 12, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 29, 2015] 

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•HR 3394 RH

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. 

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•HR 3394 RH

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’’. 

7 SEC. 2. USE OF BLOCKED ASSETS TO SATISFY JUDGMENTS 

8 OF U.S. PERSONS AGAINST TERRORIST PAR9 TIES. 

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

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

12 (1) in paragraph (2)— 

13 (A) in the matter preceding subparagraph 

14 (A), by striking ‘‘means’’; 

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

16 as follows: 

17 ‘‘(A) means any asset seized or frozen by the 

18 United States under section 5(b) of the Trading 

19 With the Enemy Act (50 U.S.C. App. 5(b)), 

20 under sections 202 and 203 of the International 

21 Emergency Economic Powers Act (50 U.S.C. 

22 1701; 1702), or under section 805(b) of the For23 eign Narcotics Kingpin Designation Act (21 

24 U.S.C. 1904(b)); and’’; 

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•HR 3394 RH

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 ‘per6 son’ means— 

7 ‘‘(A) a natural person who, at the time the 

8 act of terrorism described in subsection (a) was 

9 committed upon which the judgment described in 

10 such subsection was obtained by that person, was 

11 either— 

12 ‘‘(i) a national of the United States as 

13 defined in section 101(a)(22) of the Immi14 gration and Nationality Act (8 U.S.C. 

15 1101(a)(22)); 

16 ‘‘(ii) a member of the Armed Forces of 

17 the United States; or 

18 ‘‘(iii) otherwise an employee of the 

19 Government of the United States, or of an 

20 individual performing a contract awarded 

21 by the United States Government, acting 

22 within the scope of the employee’s employ23 ment; or 

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•HR 3394 RH

1 ‘‘(B) if the person described in subpara2 graph (A) is deceased, the personal representative 

3 of the estate of that deceased person.’’. 

4 SEC. 3. APPLICABILITY. 

5 The amendments made by this Act apply to any judg6 ment described in section 201(a) of the Terrorism Risk In7 surance Act of 2002 (28 U.S.C. 1610 note) that is entered 

8 before, on, or after the date of the enactment of this Act. 

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Union Calendar No. 531 

114TH CONGRESS 

2D SESSION H. R. 3394 

[Report No. 114–685] 

A BILL 

To amend the Terrorism Risk Insurance Act of 

purposes. ments against terrorist parties, and for other eign persons and entities to satisfy certain judg2002 to allow for the use of certain assets of forJULY 12, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

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