CAPTIVE Act

Bill: 114-hr-3394
Sponsor: full_name: Rep. Posey, Bill [R-FL-8]
Introduced: 2015-07-29
Policy area: Law
Subjects: Bank accounts, deposits, capital

Civil actions and liability

Crime victims

Drug trafficking and controlled substances

Foreign property

Terrorism
Latest action: action_date: 2016-07-13
text: Received in the Senate.

Summaries:
action_date: 2015-07-29
action_desc: Introduced in House
text: <p> <b>Clarifying Amendment to Provide Terrorism Victims Equity Act or the CAPTIVE Act</b></p> <p>Amends the Terrorism Risk Insurance Act of 2002 to subject the blocked assets of a terrorist party to execution or attachment in aid of execution in order to satisfy a judgment based upon an act of terrorism, regardless of whether the terrorist party ceases to be a terrorist party after judgment is entered.</p> <p>Redefines a blocked asset to include any asset seized or frozen by the United States under the Foreign Narcotics Kingpin Designation Act. </p>

action_date: 2016-07-12
action_desc: Passed House amended
text: <p><b>Clarifying Amendment to Provide Terrorism Victims Equity Act or the CAPTIVE Act</b></p> <p> (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. </p> <p>The bill also narrows the categories of &quot;persons&quot; 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: </p> <ul> <li>U.S. nationals; </li> <li>members of the U.S. Armed Forces; or </li> <li>otherwise employees of the federal government, or of a federal contractor, acting within the scope of employment. </li> </ul> <p>If a person described is deceased, the personal representative of the estate of that deceased person shall count as the person. </p> <p>(Sec. 3) The bill applies retroactively to judgments entered before its enactment.</p>

tv_txt: I 114th CONGRESS 1st Session H. R. 3394 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. Short title This Act may be cited as the Clarifying Amendment to Provide Terrorism Victims Equity Act or the CAPTIVE Act . 2. Use of certain assets to satisfy judgments against terrorist parties Section 201(a) of the Terrorism Risk Insurance Act of 2002 ( 28 U.S.C. 1610 note) is amended by adding at the end the following: For purposes of this section, the blocked assets of a terrorist party are subject to execution or attachment in aid of execution in order to satisfy such judgment regardless of whether the terrorist party ceases to be a terrorist party after such judgment is entered. . 3. Definitions 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 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— (A) 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) ); (B) a member of the Armed Forces of the United States; or (C) 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. . 4. Effective date The amendments made by this Act apply to any judgment entered before, on, or after the date of the enactment of this Act.

tv_txt: I 114th CONGRESS 2d Session H. R. 3394 IN THE HOUSE OF REPRESENTATIVES AN 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 or the 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 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. . 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.

Passed the House of Representatives July 12, 2016. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 531 114th CONGRESS 2d Session H. R. 3394 [Report No. 114–685] 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 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. Short title This Act may be cited as the Clarifying Amendment to Provide Terrorism Victims Equity Act or the 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 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. . 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.

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

tv_txt: II 114th CONGRESS 2d Session H. R. 3394 IN THE SENATE OF THE UNITED STATES July 13, 2016 Received AN 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 or the 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 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. . 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.

Passed the House of Representatives July 12, 2016. Karen L. Haas, Clerk