CAPTIVE Act

Bill: 114-s-2909
Sponsor: full_name: Sen. Nelson, Bill [D-FL]
Introduced: 2016-05-10
Policy area: Law
Subjects: Bank accounts, deposits, capital

Civil actions and liability

Crime victims

Foreign property

Terrorism
Latest action: action_date: 2016-05-10
text: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Summaries:
action_date: 2016-05-10
action_desc: Introduced in Senate
text: <p> <b>Clarifying Amendment to Provide Terrorism Victims Equity Act or the CAPTIVE Act</b></p> <p>This bill amends the Terrorism Risk Insurance Act of 2002 regarding the blocked assets of a terrorist party which shall be subject to execution or attachment in aid of execution in order to satisfy a judgment based upon an act of terrorism in an action brought by or on behalf of the person obtaining the judgment.</p> <p>The bill redefines &quot;blocked asset&quot; to include any asset seized or frozen by the United States under the Foreign Narcotics Kingpin Designation Act. </p> <p>The bill also defines a &quot;person&quot; who has obtained such a judgment as a natural person who, at the time the act of terrorism was committed upon which the judgment was obtained, was:</p> <ul> <li>a national of the United States;</li> <li>a member of the U.S. Armed Forces; or</li> <li>otherwise an employee of the federal government, or of a federal government contractor, acting within the scope of employment.</li> </ul> <p>If the person described is deceased, the personal representative of the estate of that deceased person shall count as the person.</p>

tv_txt: II 114th CONGRESS 2d Session S. 2909 IN THE SENATE OF THE UNITED STATES May 10, 2016 Mr. Nelson (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 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. 4305(b) ), under sections 202 and 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701 and 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.