HR 2146 Introduced – Terrorism Insurance

As I noted in an earlier blog post, Rep. Capuano (D,MA) introduced HR 2146, the Terrorism Risk Insurance Program Reauthorization Act of 2013. This is the third bill introduced this session that would extend the Terrorism Risk Insurance Act (TRIA) of 2002 (15 U.S.C. 6701 note). The earlier bills were HR 508 and HR 1945.

Comparison of Bills

All three of the bills would modify the dates for:

• Additional Program Years {§102(11)(G)};

• Timing Of Mandatory Recoupment {§103(e)(7)(E)(i)(III)}; and

• Termination Date {§108(a)}

Additionally, two of the bills (HR 1945 and HR 2146) would also modify Ongoing Reports Regarding Market Conditions For Terrorism Risk Insurance {§108(e)(2)}. The table below shows the date in the current law that would be changed and what change each bill would make.

	Current	HR 508	HR 1945	HR 2146
§102(11)(G)	2014	2019	2024	2024
§103(e)(7)(E)(i)(III)	2017	2024	2024	2027
§108(a)	2014	2019	2024	2024
§108(e)(2)	2013		2013, 2017 2020, and 2023	2013, 2017 2020, and 2023

Problems

The current bill corrects one of the problems that I noted in HR 1945. It changed the timing of the mandatory recoupment of premium until three years after the date of the last potentially covered terrorist attack. The language in HR 1945 could potentially have required the recoupment of premiums before monies were actually paid out for an attack that occurred in 2024.

This bill has the same problem at the previous two bills in that it does not provide for any intermediate recoupment dates for any terrorist attacks that occur between 2012 and the new termination date. The table below shows how the current language provides for intermediate recoupment dates

For terrorist attacks	Recoupment Date
Before 12-31-10	9-30-12
01-01-11 to 12-31-11	9-30-12 Partial 9-30-17 Remainder
After 01-01-12	9-30-17

A staggered recoupment period for the out years could be structured like this:

• Attacks in 2013 and 2014 would have funds recouped by 2017;

• Attacks in 2015 and 2016 would have funds recouped by 2019;

• Attacks in 2017 and 2018 would have funds recouped by 2021;

• Attacks in 2019 and 2020 would have funds recouped by 2023;

• Attacks in 2021 and 2022 would have funds recouped by 2025; and

• Attacks in 2023 and 2024 would have funds recouped by 2027.

Moving Forward

Of the three bills currently dealing with an extension of TRIA, it still looks like HR 508 will have the best chance to move forward through the legislative process. It has 41 sponsors (vs 20 for this bill) and HR 508 has more bipartisan support, looking at the affiliation of the sponsors. I don’t think that there would be any significant opposition to this bill in a floor vote in either chamber. I am a little surprised that there hasn’t been a hearing before the House Financial Services Committee on HR 508 yet.

HR 1945 Introduced – Terrorism Insurance Extension

As I noted in an earlier blog post, Rep. Thompson (D,MS) introduced HR 1945, the  Fostering Resilience to Terrorism Act of 2013. The bill would extend the operation of the Terrorism Risk Insurance Act (TRIA, 15 USC 6701 note) until 2024. In many ways this bill is similar to HR 508, the TRIA Reauthorization Act of 2013.

Program Extension

The extension of the current terrorism risk insurance program is accomplished by making the following changes to the TRIA:

• In the definition of ‘Program Year’ {§102(11)(G)} it changes the last program year from 2014 to 2024 (HR 508 changes this to 2019);

• In the discussion of insured loss shared compensation and the recoupment of the Federal share for an attack that occurs after January 1^st, 2012 {§103(e)(7)(E)(i)(III)} extends the date for the government to collect premiums from September 30^th, 2017 to September 30^th, 2024; and

• Changes the termination date of the program {§108(a)} from December 31^st, 2014 to December 31^st, 2024 (HR 508 changes this to 2019).

Recoupment of Federal Costs

Rep. Thompson apparently misunderstands the way the TRIA works even more so than does Rep. Grimm (R,NY). Both of them change the date of the Federal recoupment to 2020 for terrorist attacks conducted after January 1^st, 2012. This means that what was originally intended to be a two to three year recoupment period is changed to a 22 year period for attacks that (would have) occurred in 2012. This amendment should have included a sliding scale of attack dates and recoupment dates.

Thompson compounds Grimm’s error by extending all dates to 2024. This means that for terror attacks that took place in later years would have less time for insurance companies to reimburse the federal government for the share of the claims paid for by the federal government. Each year that recoupment time would become smaller and smaller. In 2024 the federal government would be required to recoup all funds that it would pay out in future years for attacks in 2024.

Homeland Security Information

Section 4 of this bill goes further than HR 508 in that it requires the Department of Homeland Security to help increase the resilience to terrorist attack of facilities insured under TRIA. The bill would amend the TRIA (15 USC 6701 Note) by adding §103(j) to require DHS to provide:

• Timely homeland security information, including terrorism risk information, at the appropriate classification level {§103(j)(1)}; and

• Information on best practices to foster resilience to an act of terrorism {§103(j)(2)}.

The bill would also require the Secretary to report to Congress as to how well critical infrastructure organizations were incorporating the information provided by DHS into their business operations. It would be interesting to see how DHS would collect the information necessary to complete that report.

Moving Forward

In a press release, Rep. Thompson said:

“The Boston Marathon bombings last month serve as a stark reminder that terrorism and mass violence remain both a homeland security and economic threat. If TRIA is allowed to expire next year, there may be fewer insurers offering terrorism insurance and prices potentially could increase. By extending this program for 10 years, we will ensure much-needed stability and predictability for the business community.”

The Boston terror attack may provide adequate impetus for the passage of an extension of the TRIA. Grimm’s bill probably has a better chance to get to the floor of the House since it is assigned to only a single committee (the Financial Services Committee) for review while Thompson’s bill also has to go through a review at the Homeland Security Committee. That plus the fact that Grimm is a Republican on the Financial Services Committee makes it more likely that his bill will move forward in that Committee.

Bills Introduced – 5-9-13

On their last workday of the week for both houses there were two bills introduced that may be of interest to the chemical safety and security communities. They are:

S 911 Latest Title: A bill to establish an emergency transportation safety fund, and for other purposes.  Sponsor: Sen Paul, Rand (R,KY)

HR 1945 Latest Title: To extend the Terrorism Risk Insurance Program of the Department of the Treasury for 10 years, and for other purposes. Sponsor: Rep Thompson, Bennie G. (D,MS)