Title: CAPTIVE Act
Policy area: Law

Summary:
Clarifying Amendment to Provide Terrorism Victims Equity Act or the CAPTIVE Act
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:
If a person described is deceased, the personal representative of the estate of that deceased person shall count as the person.
The bill applies retroactively to judgments entered before its enactment.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1292 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 1292

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

                             March 1, 2017

 Mr. Posey (for himself, Mr. Thomas J. Rooney of Florida, Mr. Deutch, 
 Mr. Johnson of Georgia, and Mr. Trott) 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.

    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 ``Clarifying Amendment to Provide 
Terrorism Victims Equity Act'' or the ``CAPTIVE Act''.

SEC. 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 note) is amended--
            (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)), under sections 202 
                and 203 of the International Emergency Economic Powers 
                Act (50 U.S.C. 1701; 1702), or under section 805(b) of 
                the Foreign Narcotics Kingpin Designation Act (21 
                U.S.C. 1904(b)); and'';
            (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' means--
                    ``(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.''.

SEC. 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 note) that is entered before, on, or after the date of the 
enactment of this Act.
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