CAPTIVE Act

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. Short title This Act may be cited as the Clarifying Amendment to Provide Terrorism Victims Equity Act CAPTIVE Act 2. Use of blocked assets to satisfy judgments of U.S. persons against terrorist parties Section 201(d) of the Terrorism Risk Insurance Act of 2002 ( 28 U.S.C. 1610 (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking means (B) by amending paragraph (2)(A) to read as follows: (A) means any asset seized or frozen by the United States under section 5(b) of the Trading With the Enemy Act ( 50 U.S.C. App. 5(b) 50 U.S.C. 1701 21 U.S.C. 1904(b) ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: (4) Person In subsection (a), the term person (A) a natural person who, at the time the act of terrorism described in subsection (a) was committed upon which the judgment described in such subsection was obtained by that person, was either— (i) a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) (ii) a member of the Armed Forces of the United States; or (iii) otherwise an employee of the Government of the United States, or of an individual performing a contract awarded by the United States Government, acting within the scope of the employee’s employment; or (B) if the person described in subparagraph (A) is deceased, the personal representative of the estate of that deceased person. . 3. Applicability The amendments made by this Act apply to any judgment described in section 201(a) of the Terrorism Risk Insurance Act of 2002 ( 28 U.S.C. 1610 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

Summary: Clarifying Amendment to Provide Terrorism Victims Equity Act or the CAPTIVE Act (Sec. 2) This bill amends the Terrorism Risk Insurance Act of 2002 to allow a person's court-awarded judgment against a terrorist party that is based on an act of terrorism to be satisfied with assets that the United States has seized or frozen from that terrorist party under the Foreign Narcotics Kingpin Designation Act. Under current law, assets seized or frozen under the Trading with the Enemy Act or the International Emergency Economic Powers Act are the only assets seized or frozen by the United States that may be used to satisfy such a person's judgment against a terrorist party. The bill also narrows the categories of "persons" who may satisfy their judgments against terrorist parties with such seized or frozen assets to natural persons who, at the time the act of terrorism was committed upon which the judgment was obtained, were: U.S. nationals; members of the U.S. Armed Forces; or otherwise employees of the federal government, or of a federal contractor, acting within the scope of employment. If a person described is deceased, the personal representative of the estate of that deceased person shall count as the person. (Sec. 3) The bill applies retroactively to judgments entered before its enactment.