CAPTIVE Act

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:

• 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.

The bill applies retroactively to judgments entered before its enactment.