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September 11, 2001 : Attack on America
House Report 107-300 Part 2 : Terrorism Risk Protection Act; November 19, 2001



                                  76 211                                 

                            107 th Congress                             

                             Rept.  107 300                             

                                                                            

                                                                             

                        HOUSE OF REPRESENTATIVES                        

                               1st Session                              

                                 Part 2                                 

                                                                        



                            TERRORISM RISK PROTECTION ACT                      



                                                                         

                November  19, 2001.--Ordered to be printed               

                                                                         

     Mr. Thomas, from the Committee on Ways and Means, submitted the     
                               following                                 
                               R E P O R T                               

                         [To accompany H.R. 3210]                        

       [Including cost estimate of the Congressional Budget Office]      


      The Committee on Ways and Means, to whom was referred the bill (H.R. 
   3210) to ensure the continued financial capacity of insurers to provide 
   coverage for risks from terrorism, having considered the same, report   
   favorably thereon with an amendment and recommend that the bill as      
   amended do pass.                                                        

                               CONTENTS                                 

            A. Purpose and Summary                                                  

        9                                                                       

            B. Background and Need for Legislation                                  

        9                                                                       

            C. Legislative History                                                  

        10                                                                      

        II.                                                                     

          Explanation of the Revenue Provisions of the Bill                       

        10                                                                      

                        A. Study of Reserves for Property and Casualty Insurance for
            Terrorist or Other Catastrophic Events                                  
        10                                                                      

        III.                                                                    

          Vote of the Committee                                                   

        12                                                                      

        IV.                                                                     

          Budget Effects of the Bill                                              

        13                                                                      

            A. Committee Estimate of Budgetary Effects                              

        13                                                                      

                        B. Statement Regarding New Budget Authority and Tax         
            Expenditures Budget Authority                                           
        13                                                                      

            C. Cost Estimate Prepared by the Congressional Budget Office            

        13                                                                      

        V.                                                                      

          Other Matters To Be Discussed Under the Rules of the House              

        20                                                                      

            A. Committee Oversight Findings and Recommendations                     

        20                                                                      

            B. Statement of General Performance Goals and Objectives                

        21                                                                      

            C. Constitutional Authority Statement                                   

        21                                                                      

            D. Information Relating to Unfunded Mandates                            

        21                                                                      

            E. Applicability of House Rule XXI 5(b)                                 

        21                                                                      

            F. Tax Complexity Analysis                                              

        21                                                                      

        VI.                                                                     

          Changes in Existing Law Made by the Bill, as Reported                   

        22                                                                      



   The amendment is as follows:                                            

   Strike all after the enacting clause and insert the following:          


          SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.                           

     (a) Short Title.--This Act may be cited as the ``Terrorism Risk      
  Protection Act''.                                                       
     (b) Table of Contents.--The table of contents for this Act is as     
  follows:                                                                


      Sec. 1. Short title and table of contents.                              

      Sec. 2. Congressional findings.                                         

      Sec. 3. Designation of Administrators.                                  

      Sec. 4. Submission of premium information to Administrator.             

      Sec. 5. Triggering determination and covered period.                    

      Sec. 6. Federal cost-sharing for commercial insurers.                   

      Sec. 7. Assessments.                                                    

      Sec. 8. Terrorism loss repayment surcharge.                             

      Sec. 9. Administration of assessments and surcharges.                   

            Sec. 10. Study of reserves for property and casualty insurance for
      terrorist or other catastrophic events.                                 
      Sec. 11. State preemption.                                              

      Sec. 12. Consistent State guidelines for coverage for acts of terrorism.

      Sec. 13. Consultation with State insurance regulators and NAIC.         

      Sec. 14. Sovereign immunity protections.                                

            Sec. 15. Study of potential effects of terrorism on life insurance
      industry.                                                               
      Sec. 16. Definitions.                                                   

      Sec. 17. Extension of program.                                          

      Sec. 18. Regulations.                                                   


          SEC. 2. CONGRESSIONAL FINDINGS.                                         

   The Congress finds that--                                              

       (1) the terrorist attacks on the World Trade Center and the Pentagon
   of September 11, 2001, resulted in a large number of deaths and         
   injuries, the destruction and damage to buildings, and interruption of  
   business operations;                                                    
       (2) the attacks have inflicted possibly the largest losses ever     
   incurred by insurers and reinsurers;                                    
       (3) while the insurance and reinsurance industries have committed to
   pay the losses arising from the September 11 attacks, the resulting     
   disruption has created widespread market uncertainties with regard to   
   the risk of losses arising from possible future terrorist attacks;      
       (4) such uncertainty threatens the continued availability of United 
   States commercial property casualty insurance for terrorism risk at     
   meaningful coverage levels;                                             
       (5) the unavailability of affordable commercial property and        
   casualty insurance for terrorist acts threatens the growth and stability
   of the United States economy, including impeding the ability of         
   financial services providers to finance commercial property acquisitions
   and new construction;                                                   
       (6) in the past, the private insurance markets have shown a         
   remarkable resiliency in adapting to changed circumstances;             
       (7) given time, the private markets will diversify and develop risk 
   spreading mechanisms to increase capacity and guard against possible    
   future losses incurred by terrorist attacks;                            
       (8) it is necessary to create a temporary industry risk sharing loan
   program to ensure the continued availability of commercial property and 
   casualty insurance and reinsurance for terrorism-related risks;         
       (9) such action is necessary to limit immediate market disruptions, 
   encourage economic stabilization, and facilitate a transition to a      
   viable market for private terrorism risk insurance; and                 
       (10) in addition, it is necessary promptly to conduct a study of    
   whether there is a need for reserves for property and casualty insurance
   for terrorist or other catastrophic events.                             
          SEC. 3. DESIGNATION OF ADMINISTRATORS.                                  

     (a) In General.--Not later than December 1, 2001, the President shall
  designate a Federal officer or officers to act as the Administrator or  
  Administrators responsible for carrying out this Act and the            
  responsibilities under this Act to be carried out by each such officer. 
     (b) Sense of Congress.--It is the sense of the Congress that in      
  determining the Administrator responsible for making any determinations,
  for purposes of this Act, as to whether a loss was caused by an act of  
  terrorism and whether such loss was caused by one or multiple such      
  events, pursuant to section 5(b), the President should consider the     
  appropriate role of the Assistant to the President for Homeland         
  Security.                                                               
          SEC. 4. SUBMISSION OF PREMIUM INFORMATION TO ADMINISTRATOR.             

     To the extent such information is not otherwise available to the     
  Administrators, the appropriate Administrator may require each insurer  
  to submit, to the appropriate Administrator or to the NAIC, a statement 
  specifying the aggregate premium amount of coverage written by such     
  insurer for properties and persons in the United States under each line 
  of commercial property and casualty insurance sold by such insurer      
  during such periods as the appropriate Administrator may provide.       
          SEC. 5. TRIGGERING DETERMINATION AND COVERED PERIOD.                    

     (a) In General.--For purposes of this Act, a ``triggering            
  determination'' is a determination by the appropriate Administrator that
  the insured losses resulting from the event of an act of terrorism      
  occurring during the covered period (as such term is defined in         
  subsection (b)), or the aggregate insured losses resulting from multiple
  events of acts of terrorism all occurring during the covered period,    
  meet the requirements under either of the following paragraphs:         
       (1) Industry-wide loss test.--Such industry-wide losses exceed      
   $1,000,000,000.                                                         
       (2) Capital surplus and industry aggregate test.--Such industry-wide
   losses exceed $100,000,000 and some portion of such losses for any      
   single commercial insurer exceed--                                      
       (A) 10 percent of the capital surplus of such commercial insurer (as
   such term is defined by the appropriate Administrator); and             
       (B) 10 percent of the commercial property and casualty premiums     
   written by such commercial insurer;                                     

                    except that this paragraph shall not apply to any commercial  
          insurer that has been making commercial property and casualty insurance 
          coverage available for less than 4 years as of the date of the          
          determination under this subsection.                                    
     (b) Covered Period.--For purposes of this Act, the ``covered period''
  is the period beginning on the date of the enactment of this Act and    
  ending on January 1, 2003.                                              
     (c) Determinations Regarding Events.--For purposes of subsection (a),
  the appropriate Administrator shall have the sole authority for         
  determining whether--                                                   
    (1) an occurrence or event was caused by an act of terrorism;          

       (2) insured losses from acts of terrorism were caused by one or     
   multiple events or occurrences; and                                     
    (3) whether an act of terrorism occurred during the covered period.    

          SEC. 6. FEDERAL COST-SHARING FOR COMMERCIAL INSURERS.                   

     (a) In General.--Pursuant to a triggering determination, the         
  appropriate Administrator shall provide financial assistance to         
  commercial insurers in accordance with this section to cover insured    
  losses resulting from acts of terrorism, which shall be repaid in       
  accordance with subsection (e).                                         
     (b) Amount.--Subject to subsection (c), with respect to a triggering 
  determination, the amount of financial assistance made available under  
  this section to each commercial insurer shall be equal to 90 percent of 
  the amount of the insured losses of the insurer as a result of the      
  triggering event involved.                                              
     (c) Aggregate Limitation.--The aggregate amount of financial         
  assistance provided pursuant to this section may not exceed             
  $100,000,000,000.                                                       
     (d) Limitations.--The appropriate Administrator may establish such   
  limitations as may be necessary to ensure that payments under this      
  section in connection with a triggering determination are made only to  
  commercial insurers that are not in default of any obligation under     
  section 7 to pay assessments or under section 8 to collect surcharges.  
     (e) Repayment.--Financial assistance made available under this       
  section shall be repaid through assessments under section 7 collected by
  the appropriate Administrator and surcharges remitted to the appropriate
  Administrator under section 8. Any such amounts collected or remitted   
  shall be deposited into the general fund of the Treasury.               
     (f) Emergency Designation.--Congress designates the amount of new    
  budget authority and outlays in all fiscal years resulting from this    
  section as an emergency requirement pursuant to section 252(e) of the   
  Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.     
  901(e)). Such amount shall be available only to the extent that a       
  request, that includes designation of such amount as an emergency       
  requirement as defined in such Act, is transmitted by the President to  
  Congress.                                                               
          SEC. 7. ASSESSMENTS.                                                    

     (a) In General.--In the case of a triggering determination, each     
  commercial insurer shall be subject to assessments under this section   
  for the purpose of repaying financial assistance made available under   
  section 6 in connection with such determination.                        
     (b) Aggregate Assessment.--Pursuant to a triggering determination,   
  the appropriate Administrator shall determine the aggregate amount to be
  assessed among all commercial insurers, which shall be equal to 90      
  percent of the lesser of--                                              
       (1) the amount of industry-wide losses resulting from the triggering
   event involved; and                                                     
    (2) $20,000,000,000.                                                   

   (c)  Allocation of Assessment.--                                       

       (1) In general.--The appropriate Administrator shall allocate the   
   aggregate assessment amount determined under subsection (b) among all   
   commercial insurers. The portion of the aggregate assessment amount that
   is allocated as an assessment on each commercial insurer shall be based 
   on the percentage, written by that insurer, of the aggregate written    
   premium, for all commercial insurers, for the calendar year preceding   
   the assessment.                                                         
       (2) Payment requirement.--Upon notification by the appropriate      
   Administrator of an assessment under this section, each commercial      
   insurer shall be required to pay to the appropriate Administrator, in   
   the manner provided under section 9 by the appropriate Administrator,   
   the amount equal to the assessment on such commercial insurer (subject  
   to the limitation under paragraph (3)).                                 
       (3) Annual limitation on amount allocated to each commercial        
   insurer.--                                                              
       (A) In general.--Of any assessments under this section on a         
   commercial insurer, the portion required to be paid by any commercial   
   insurer during a calendar year shall not exceed the amount that is equal
   to 3 percent of the aggregate written premium for such insurer for the  
   preceding calendar year.                                                
       (B) Multiple payments.--If any amounts required to be repaid under  
   this section for a calendar year are limited by operation of            
   subparagraph (A), the appropriate Administrator shall provide that all  
   such remaining amounts shall be reallocated among all commercial        
   insurers (in the manner provided in paragraph (1)) over such immediately
   succeeding calendar years, and repaid over such years, as may be        
   necessary to provide for full payment of such remaining amounts, except 
   that the limitation under subparagraph (A) shall apply to the amounts   
   paid in any such successive calendar years.                             
    (C)  Administrative flexibility.--                                     

       (i) Timing of assessments.--Assessments under this section in       
   connection with a triggering demonstration shall be made, to the extent 
   that the appropriate Administrator considers practicable and            
   appropriate, at the beginning of the calendar year immediately following
   the triggering determination.                                           
       (ii) Estimates and corrections.--If the appropriate Administrator   
   makes an assessment at a time other than provided under clause (i), the 
   appropriate Administrator may--                                         
         (I) require commercial insurers to estimate their aggregate written
    premiums for the year in which the assessment is made; and              
         (II) make a subsequent refund or require additional payments to    
    correct such estimation at the end of the calendar year.                
       (4) Deferral of contributions.--The appropriate Administrator may   
   defer the payment of part or all of the assessment required under       
   paragraph (2) to be paid by a commercial insurer, but only to the extent
   that the appropriate Administrator determines that such deferral is     
   necessary to avoid the likely insolvency of the commercial insurer.     
          SEC. 8. TERRORISM LOSS REPAYMENT SURCHARGE.                             

     (a) Imposition and Collection.--If, pursuant to a triggering         
  determination, the appropriate Administrator determines that the        
  aggregate amount of industry-wide losses resulting from the triggering  
  event involved exceeds $20,000,000,000, the appropriate Administrator   
  shall--                                                                 
       (1) establish and impose a policyholder premium surcharge, as       
   provided under this section, on commercial property and casualty        
   insurance written after such determination, for the purpose of repaying 
   financial assistance made available under section 6 in connection with  
   such triggering determination; and                                      
       (2) provide for commercial insurers to collect such surcharge and   
   remit amounts collected to the appropriate Administrator.               
     (b) Amount and Duration.--The surcharge under this section shall be  
  established in such amount, and shall apply to commercial property and  
  casualty insurance written during such period, as the appropriate       
  Administrator determines is necessary to recover the aggregate amount of
  financial assistance provided under section 6 to cover insured losses   
  resulting from the triggering event that exceed $20,000,000,000.        
   (c)  Other Terms.--The surcharge under this section shall--            

       (1) be based on a percentage of the amount of commercial property   
   and casualty insurance coverage that a policy provides; and             
       (2) be imposed with respect to all commercial property and casualty 
   insurance coverage written during the period referred to in subsection  
   (b).                                                                    
          SEC. 9. ADMINISTRATION OF ASSESSMENTS AND SURCHARGES.                   

     (a) Manner and Method.--The appropriate Administrator shall provide  
  for the manner and method of carrying out assessments under section 7   
  and surcharges under section 8, including the timing and procedures of  
  making assessments and surcharges, notifying commercial insurers of     
  assessments or surcharge requirements, collecting payments from and     
  surcharges through commercial insurers, and refunding of any excess     
  amounts paid or crediting such amounts against future assessments.      
     (b) Timing of Coverages and Assessments.--The appropriate            
  Administrator may adjust the timing of coverages and assessments        
  provided under this Act to provide for equivalent application of the    
  provisions of this Act to commercial insurers and policies that are not 
  based on a calendar year.                                               
     (c) Application to Self-Insurance Arrangements.--The appropriate     
  Administrator may, in consultation with the NAIC, apply the provisions  
  of this Act, as                                                         

                    appropriate, to self-insurance arrangements by municipalities 
          and other entities, but only if such application is determined before   
          the occurrence of a triggering event and all of the provisions of this  
          Act are applied uniformly to such entities.                             
     (d) Adjustment.--The appropriate Administrator may adjust the        
  assessments charged under section 7 or the percentage imposed under the 
  surcharge under section 8 at any time, as the appropriate Administrator 
  considers appropriate to protect the national interest, which may       
  include avoiding unreasonable economic disruption or excessive market   
  instability.                                                            
                    SEC. 10. STUDY OF RESERVES FOR PROPERTY AND CASUALTY INSURANCE
          FOR TERRORIST OR OTHER CATASTROPHIC EVENTS.                             
     (a) In General.--The Secretary of the Treasury shall conduct a study 
  of issues relating to permitting property and casualty insurance        
  companies to establish deductible reserves against losses for future    
  acts of terrorism, including--                                          
       (1) whether such tax-favored reserves would promote (A) insurance   
   coverage of risks of terrorism and (B) the accumulation of additional   
   resources needed to satisfy potential claims resulting from such risks, 
       (2) the lines of business for which such reserves would be          
   appropriate, including whether such reserves should be applied to       
   personal or commercial lines of business,                               
    (3) how the amount of such reserves would be determined,               

    (4) how such reserves would be administered,                           

       (5) a comparison of the Federal tax treatment of such reserves with 
   other insurance reserves permitted under Federal tax laws,              
       (6) an analysis of the use of tax-favored reserves for catastrophic 
   events, including acts of terrorism, under the tax laws of foreign      
   countries, and                                                          
       (7) whether it would be appropriate to permit similar reserves for  
   other future catastrophic events, such as natural disasters, taking into
   account the factors under the preceding paragraphs.                     
     (b) Report.--Not later than 4 months after the date of the enactment 
  of this Act, the Secretary of the Treasury shall submit a report to     
  Congress on the results of the study under subsection (a), together with
  recommendations for amending the Internal Revenue Code of 1986 or other 
  appropriate action.                                                     
          SEC. 11. STATE PREEMPTION.                                              

     (a) Covered Perils.--A commercial insurer shall be considered to have
  complied with any State law that requires or regulates the provision of 
  insurance coverage for acts of terrorism if the insurer provides        
  coverage in accordance with the definitions regarding acts of terrorism 
  under the regulations issued by the Administrators.                     
     (b) Rate Laws.--If any provision of any State law prevents an insurer
  from increasing its premium rates in an amount necessary to recover any 
  assessments pursuant to section 7, such provision is preempted only to  
  the extent necessary to provide for such insurer to recover such losses.
     (c) File and Use.--With respect only to commercial property and      
  casualty insurance covering acts of terrorism, any provision of State   
  law that requires, as a condition precedent to the effectiveness of     
  rates or policies for such insurance that is made available by an       
  insurer licensed to transact such business in the State, any action     
  (including prior approval by the State insurance regulator for such     
  State) other than filing of such rates and policies and related         
  information with such State insurance regulator is preempted to the     
  extent such law requires such additional actions for such insurance     
  coverage. This subsection shall not be considered to preempt a provision
  of State law solely because the law provides that rates and policies for
  such insurance coverage are, upon such filing, subject to subsequent    
  review and action, which may include actions to disapprove or           
  discontinue use of such rates or policies, by the State insurance       
  regulator.                                                              
          SEC. 12. CONSISTENT STATE GUIDELINES FOR COVERAGE FOR ACTS OF TERRORISM.

     (a) Sense of Congress Regarding Covered Perils.--It is the sense of  
  the Congress that--                                                     
       (1) the NAIC, in consultation with the appropriate Administrator,   
   should develop appropriate definitions for acts of terrorism and        
   appropriate standards for making determinations regarding events or     
   occurrences of acts of terrorism;                                       
       (2) each State should adopt the definitions and standards developed 
   by the NAIC for purposes of regulating insurance coverage made available
   in that State;                                                          
       (3) in consulting with the NAIC, the appropriate Administrator      
   should advocate and promote the development of definitions and standards
   that are appropriate for purposes of this Act; and                      
       (4) after consultation with the NAIC, the appropriate Administrator 
   should adopt definitions for acts of terrorism and standards for        
   determinations that are appropriate for this Act.                       
   (b)  Insurance Reserve Guidelines.--                                   

       (1) Sense of congress regarding adoption by states.--It is the sense
   of the Congress that--                                                  
       (A) the NAIC should develop appropriate guidelines for commercial   
   insurers and pools regarding maintenance of reserves against the risks  
   of acts of terrorism; and                                               
       (B) each State should adopt such guidelines for purposes of         
   regulating commercial insurers doing business in that State.            
       (2) Consideration of adoption of national guidelines.--Upon the     
   expiration of the 6-month period beginning on the date of the enactment 
   of this Act, the appropriate Administrator shall make a determination of
   whether the guidelines referred to in paragraph (1) have, by such time, 
   been developed and adopted by nearly all States in a uniform manner. If 
   the appropriate Administrator determines that such guidelines have not  
   been so developed and adopted, the appropriate Administrator shall      
   consider adopting, and may adopt, such guidelines on a national basis in
   a manner that would supercede any State law regarding maintenance of    
   reserves against such risks.                                            
     (c) Guidelines Regarding Disclosure of Pricing and Terms of          
  Coverage.--                                                             
       (1) Sense of congress.--It is the sense of the Congress that the    
   States should require, by laws or regulations governing the provision of
   commercial property and casualty insurance that includes coverage for   
   acts of terrorism, that the price of any such terrorism coverage,       
   including the costs of any terrorism related assessments or surcharges  
   under this Act, be separately disclosed.                                
       (2) Adoption of national guidelines.--If the appropriate            
   Administrator determines that the States have not enacted laws or       
   adopted regulations adequately providing for the disclosures described  
   in paragraph (1) within a reasonable period of time after the date of   
   the enactment of this Act, the appropriate Administrator shall, after   
   consultation with the NAIC, adopt guidelines on a national basis        
   requiring such disclosure in a manner that supercedes any State law     
   regarding such disclosure.                                              
          SEC. 13. CONSULTATION WITH STATE INSURANCE REGULATORS AND NAIC.         

     The Administrators shall consult with the State insurance regulators 
  and the NAIC in carrying out this Act. The Administrators may take such 
  actions, including entering into such agreements and providing such     
  technical and organizational assistance to insurers and State insurance 
  regulators, as may be necessary to provide for the distribution of      
  financial assistance under section 6 and the collection of assessments  
  under section 7 and surcharges under section 8.                         
          SEC. 14. SOVEREIGN IMMUNITY PROTECTIONS.                                

     (a) Federal Cause of Action for Damages From Terrorist Acts Resulting
  in Triggering Determination.--                                          
       (1) In general.--If a triggering determination occurs requiring an  
   assessment under section 7 or a surcharge under section 8, there shall  
   exist a Federal cause of action, which shall be the exclusive remedy,   
   for damages claimed pursuant to, or in connection with, any acts of     
   terrorism that caused the insured losses resulting in such triggering   
   determination.                                                          
       (2) Substantive law.--The substantive law for decision in any such  
   action shall be derived from the law, including choice of law           
   principles, of the State in which such act of terrorism occurred, unless
   such law is inconsistent with or preempted by Federal law.              
       (3) Jurisdiction.--Pursuant to each triggering determination, the   
   Judicial Panel on Multidistrict Litigation shall designate one or more  
   district courts of the United States which shall have original and      
   exclusive jurisdiction over all actions brought pursuant to this        
   subsection that arise out of the triggering event involved.             
       (4) Offset for relief payments.--Any recovery by a plaintiff in an  
   action under this subsection shall be offset by the amount, if any,     
   received by the plaintiff from the United States pursuant to any        
   emergency or disaster relief program, or from any other collateral      
   source, for compensation of losses related to the act of terrorism      
   involved.                                                               
     (b) Damages in Actions Regarding Insurance Claims.--In an action     
  brought under this section for damages claimed by an insured pursuant   
  to, or in connection with, any commercial property and casualty         
  insurance providing coverage for acts of terrorism that resulted in a   
  triggering determination:                                               

       (1) Prohibition of punitive damages.--No punitive damages intended  
   to punish or deter may be awarded.                                      
    (2)  Noneconomic damages.--                                            

       (A) In general.--Each defendant in such an action shall be liable   
   only for the amount of noneconomic damages allocated to the defendant in
   direct proportion to the percentage of responsibility of the defendant  
   for the harm to the claimant.                                           
       (B) Definition.--For purposes of subparagraph (A), the term         
   ``noneconomic damages'' means damages for losses for physical and       
   emotional pain, suffering, inconvenience, physical impairment, mental   
   anguish, disfigurement, loss of enjoyment of life, loss of society and  
   companionship, loss of consortium, hedonic damages, injury to           
   reputation, and any other nonpecuniary losses of any kind or nature.    
     (c) Right of Subrogation.--The United States shall have the right of 
  subrogation with respect to any claim paid by the United States under   
  this Act.                                                               
     (d) Protective Orders.--The United States or any appropriate         
  Administrator carrying out responsibilities under this Act may seek     
  protective orders or assert privileges ordinarily available to the      
  United States to protect against the disclosure of classified           
  information, including the invocation of the military and State secrets 
  privilege.                                                              
                    SEC. 15. STUDY OF POTENTIAL EFFECTS OF TERRORISM ON LIFE      
          INSURANCE INDUSTRY.                                                     
     (a) Establishment.--Not later than 30 days after the date of         
  enactment of this Act, the President shall establish a commission (in   
  this section referred to as the ``Commission'') to study and report on  
  the potential effects of an act or acts of terrorism on the life        
  insurance industry in the United States and the markets served by such  
  industry.                                                               
   (b)  Membership and Operations.--                                      

       (1) Appointment.--The Commission shall consist of 5 members, as     
   follows:                                                                
    (A) The appropriate Administrator, as designated by the President.     

    (C) 4 members appointed by the President, who shall be--               

       (i) a representative of direct underwriters of life insurance within
   the United States;                                                      
       (ii) a representative of reinsurers of life insurance within the    
   United States;                                                          
    (iii) an officer of the NAIC; and                                      

    (iv) a representative of insurance agents for life underwriters.       

       (2) Operations.--The chairperson of the Commission shall determine  
   the manner in which the Commission shall operate, including funding,    
   staffing, and coordination with other governmental entities.            
     (c) Study.--The Commission shall conduct a study of the life         
  insurance industry in the United States, which shall identify and make  
  recommendations regarding--                                             
       (1) possible actions to encourage, facilitate, and sustain provision
   by the life insurance industry in the United States of coverage for     
   losses due to death or disability resulting from an act or acts of      
   terrorism, including in the face of threats of such acts; and           
       (2) possible actions or mechanisms to sustain or supplement the     
   ability of the life insurance industry in the United States to cover    
   losses due to death or disability resulting from an act or acts of      
   terrorism in the event that--                                           
       (A) such acts significantly affect mortality experience of the      
   population of the United States over any period of time;                
       (B) such loses jeopardize the capital and surplus of the life       
   insurance industry in the United States as a whole; or                  
       (C) other consequences from such acts occur, as determined by the   
   Commission, that may significantly affect the ability of the life       
   insurance industry in the United States to independently cover such     
   losses.                                                                 
     (d) Recommendations.--The Commission may make a recommendation       
  pursuant to subsection (c) only upon the concurrence of a majority of   
  the members of the Commission.                                          
     (e) Report.--Not later than 120 days after the date of enactment of  
  this Act, the Commission shall submit to the House of Representatives   
  and the Senate a report describing the results of the study and any     
  recommendations developed under subsection (c).                         
     (f) Termination.--The Commission shall terminate 60 days after       
  submission of the report as provided for in subsection (e).             
          SEC. 16. DEFINITIONS.                                                   

   For purposes of this Act, the following definitions shall apply:       

    (1)  Act of terrorism.--                                               

       (A) In general.--The term ``act of terrorism'' means any act that   
   the appropriate Administrator determines meets the requirements under   
   subparagraph (B), as such requirements are further defined and specified
   by the appropriate Administrator in consultation with the NAIC.         
       (B) Requirements.--An act meets the requirements of this            
   subparagraph if the act--                                               
    (i) is unlawful;                                                       

       (ii) causes harm to a person, property, or entity, in the United    
   States;                                                                 
    (iii) is committed by a group of persons or associations who--         

         (I) are not a government of a foreign country or the de facto      
    government of a foreign country; and                                    
         (II) are recognized by the Department of State or the appropriate  
    Administrator as a terrorist group or have conspired with such a group  
    or the group's agents or surrogates; and                                
       (iv) has as its purpose to overthrow or destabilize the government  
   of any country or to influence the policy or affect the conduct of the  
   government of the United States by coercion.                            
       (2) Appropriate administrators.--The term ``appropriate             
   Administrator'' means, with respect to any function or responsibility of
   the Federal Government under this Act, the Federal officer designated by
   the President pursuant to section 3 as responsible for carrying out such
   function or responsibility.                                             
       (3) Affiliate.--The term ``affiliate'' means, with respect to an    
   insurer, any company that controls, is controlled by, or is under common
   control with the insurer.                                               
       (4) Aggregate written premium.--The term ``aggregate written        
   premium'' means, with respect to a year, the aggregate premium amount of
   all commercial property and casualty insurance coverage written during  
   such year for persons or properties in the United States under all lines
   of commercial property and casualty insurance.                          
       (5) Commercial insurance.--The term ``commercial insurance'' means  
   property and casualty insurance that is not insurance for homeowners,   
   tenants, private passenger nonfleet automobiles, mobile homes, or other 
   insurance for personal, family, or household needs.                     
       (6) Commercial insurer.--The term ``commercial insurer'' means any  
   corporation, association, society, order, firm, company, mutual,        
   partnership, individual, aggregation of individuals, or any other legal 
   entity that is engaged in the business of providing commercial property 
   and casualty insurance for persons or properties in the United States.  
   Such term includes any affiliates of a commercial insurer.              
       (7) Commercial property and casualty insurance.--The term           
   ``commercial property and casualty insurance'' means property and       
   casualty insurance that is commercial insurance.                        
    (8)  Control.--A company has control over another company if--         

       (A) the company directly or indirectly or acting through one or more
   other persons owns, controls, or has power to vote 25 percent or more of
   any class of voting securities of the other company;                    
       (B) the company controls in any manner the election of a majority of
   the directors or trustees of the other company; or                      
       (C) the appropriate Administrator determines, after notice and      
   opportunity for hearing, that the company directly or indirectly        
   exercises a controlling influence over the management or policies of the
   other company.                                                          
       (9) Covered period.--The term ``covered period'' has the meaning    
   given such term in section 5(b).                                        
       (10) Industry-wide losses.--The term ``industry-wide losses'' means 
   the aggregate insured losses sustained by all insurers, from coverage   
   written for persons or properties in the United States, under all lines 
   of commercial property and casualty insurance.                          
       (11) Insured loss.--The term ``insured loss'' means any loss in the 
   United States covered by commercial property and casualty insurance.    
       (12) Insurer.--The term ``insurer'' means any corporation,          
   association, society, order, firm, company, mutual, partnership,        
   individual, aggregation of individuals, or any other legal entity that  
   is engaged in the business of providing property and casualty insurance 
   for persons or properties in the United States. Such term includes any  
   affiliates of an insurer.                                               
       (13) NAIC.--The term ``NAIC'' means the National Association of     
   Insurance Commissioners.                                                
       (14) Property and casualty insurance.--The term ``property and      
   casualty insurance'' means insurance against--                          
    (A) loss of or damage to property;                                     

       (B) loss of income or extra expense incurred because of loss of or  
   damage to property; and                                                 
       (C) third party liability claims caused by negligence or imposed by 
   statute or contract.                                                    
   Such term does not include health or life insurance.                    

       (15) State.--The term ``State'' means the States of the United      
   States, the District of Columbia, the Commonwealth of Puerto Rico, the  
   Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, 
   American Samoa, and any other territory or possession of the United     
   States.                                                                 
       (16) State insurance regulator.--The term ``State insurance         
   regulator'' means, with respect to a State, the principal insurance     
   regulatory authority of the State.                                      
       (17) Triggering determination.--The term ``triggering               
   determination'' has the meaning given such term in section 5(a).        
       (18) Triggering event.--The term ``triggering event'' means, with   
   respect to a triggering determination, the event of an act of terrorism,
   or the events of such acts, that caused the insured losses resulting in 
   such triggering determination.                                          
       (19) United states.--The term ``United States'' means, collectively,
   the States (as such term is defined in this section).                   
          SEC. 17. EXTENSION OF PROGRAM.                                          

     (a) Authority.--If the appropriate Administrator determines that     
  action under this section is necessary to ensure the adequate           
  availability in the United States of commercial property and casualty   
  insurance coverage for acts of terrorism, the appropriate Administrator 
  may provide that the provisions of this Act shall continue to apply with
  respect to a period or periods, as established by the Administrator,    
  that begin after the expiration of the covered period specified in      
  section 5(b) and end before January 1, 2005.                            
     (b) Covered Period.--If the appropriate Administrator exercises the  
  authority under subsection (a), notwithstanding section 5(b) and section
  16(9), the period or periods established by the appropriate             
  Administrator shall be considered to be the covered period for purposes 
  of this Act.                                                            
          SEC. 18. REGULATIONS.                                                   

     The appropriate Administrators shall issue any regulations necessary 
  to carry out this Act.                                                  

                                  I. SUMMARY AND BACKGROUND                       

                                   A. PURPOSE AND SUMMARY                         

      The bill, H.R. 3210, as amended (the ``Terrorism Risk Protection     
   Act''), serves to ensure the continued financial capacity of insurers to
   provide coverage for risks from terrorism.                              
      The revenue provisions of the bill provide for a study relating to   
   tax reserves for property and casualty insurance for terrorist or other 
   catastrophic events.                                                    
                           B. BACKGROUND AND NEED FOR LEGISLATION                 

      The terrorist attacks of September 11, 2001, in addition to causing  
   injuries and loss of life, have caused destruction and damage to        
   buildings and interruption of business operations. The attacks resulted 
   in new uncertainties with regard to the risk of losses arising from     
   possible future terrorist attacks, necessitating a study of issues      
   relating to tax reserves for property and casualty insurance for        
   terrorist or other catastrophic events.                                 
                                   C. LEGISLATIVE HISTORY                         

      H.R. 3210, the ``Terrorism Risk Protection Act,'' was introduced     
   November 1, 2001, by Mr. Oxley, and referred to the Committee on        
   Financial Services, and in addition to the Committees on Ways and Means,
   and the Budget. The bill was marked up in the Financial Services        
   Committee of the House on November 7, 2001, and ordered to be reported  
   as amended. The bill, as introduced, includes a provision relating to a 
   tax reserve for terrorism coverage under commercial lines of business   
   that is within the jurisdiction of the Committee on Ways and Means of   
   the House.                                                              
                             COMMITTEE ACTION                            

      The Committee on Ways and Means marked up the revenue provisions of  
   the bill on November 16, 2001, and reported the provisions, as amended, 
   on November 16, 2001, by a voice vote, with a quorum present.           
                    II. EXPLANATION OF THE REVENUE PROVISIONS OF THE BILL         

          A. STUDY OF RESERVES FOR PROPERTY AND CASUALTY INSURANCE FOR TERRORIST  
               OR OTHER CATASTROPHIC EVENTS (SEC. 10 OF THE BILL)                 
                        Present Law and Background                       

           Present law                                                             

      In determining taxable income, a property and casualty insurance     
   company includes its underwriting and investment income or loss (sec.   
   832(b)(1)(A)). Underwriting income generally means the premiums earned  
   on insurance contracts during the taxable year, reduced by the amount of
   the deduction allowed for additions to reserves for losses incurred and 
   for expenses incurred (sec. 832(b)(2)). The amount of premiums earned   
   means gross premiums for the year, reduced by the increase in unearned  
   premiums (those which are treated as earned in a future year).\1\       
    The amount of losses incurred includes the increase in discounted      
   unpaid losses (sec. 832(b)(5)(A) (ii)). Unpaid losses are discounted    
   separately for each line of business, applying tax discounting rules    
   that take account partially of the time value of money (sec. 846). In   
   general, unpaid losses mean the amount of unpaid losses reflected on the
   annual statement approved by the National Association of Insurance      
   Commissioners that the taxpayer is required to file with insurance      
   regulatory authorities of a State. Generally, this amount includes      
   losses incurred that have been reported to the company, and also losses 
   that have been incurred but not reported, but not losses that have not  
   been incurred.                                                          
   \1\Section 832(b)(4). A property and casualty insurance company         
   generally is required to reduce its deduction for increases in unearned 
   premiums by 20 percent, to limit mismatching of income and expenses.    
           Description of H.R. 3210 as introduced                                  

            Non-tax provisions                                                      

      The bill, as introduced, provides for temporary Federal government   
   cost-sharing for commercial insurers of up to $100 billion, for 90      
   percent of the amount of insured losses resulting from acts of terrorism
   in the event of a ``triggering determination'' during the period from   
   date of enactment to January 1, 2003. The financial assistance is to be 
   repaid through assessments and surcharges. The bill provides for        
   assessments by a Federal government administrator against property and  
   casualty insurers, and surcharges against property and casualty         
   insurance policyholders, following the occurrence of a triggering       
   determination. The triggering determinations include the events that (1)
   industry-wide terrorism losses exceed $1 billion for the year; and (2)  
   industry-wide losses exceed $100 million for the year and exceed 10     
   percent of the capital surplus of, and 10 percent of the commercial     
   insurance premiums written by, any single insurer (among other          
   criteria).                                                              
            Tax provisions                                                          


      The bill as introduced provides a permanent rule allowing an         
   additional deduction to property and casualty insurers for increases in 
   a ``terrrorism commercial business reserve.'' Under the bill, the       
   terrorism commercial business reserve means an amount held in a         
   segregated account (or other separately identifiable arrangement or     
   account) that is set aside to pay or to reinsure future unaccrued claims
   arising from declared terrorism losses, or to pay other claims if       
   directed by a State insurance commissioner to avoid the company's       
   insolvency. An increase in the reserve for any taxable year is treated  
   as deductible, and a decrease in the reserve for a taxable year is      
   includable in the company's income.                                     
      The amount of the reserve allowed to any particular property and     
   casualty insurance company is determined as that company's allocable    
   share of a national limit of $40 billion ($13.34 billion for 2002). The 
   $40 billion amount is a cumulative total, and is increased for inflation
   after 2002. The company's share of this national limit for any calendar 
   year is determined by the ratio of (1) the company's net written        
   premiums for commercial lines of business that cover declared terrorism 
   losses, to (2) net written premiums for all companies for commercial    
   lines of business that cover declared terrorism losses.                 
      If in any taxable year, a company's deduction exceeds its share of   
   the national limit, then the excess is included in income for the next  
   taxable year. If the excess is distributed out of the account for the   
   reserve, then the excess is not taken into account in determining the   
   opening balance of the reserve for the next year.                       
      Under the bill, a declared terrorism loss means the amount of losses 
   and loss adjustment expenses incurred in commercial lines of business,  
   as well as any nonrecoverable assessments, surcharges, or other         
   liabilities that are borne by the company, that are attributable to a   
   declared terrorism event. A declared terrorism event means any event    
   declared by the President to be an act of terrorism against the United  
   States for purposes of this provision.                                  
       Effective date. --The tax provisions of the bill are effective for  
   taxable years beginning after December 31, 2001.                        
                            Reasons for Change                           

      The Committee believes that changes in the market for property and   
   casualty insurance covering risks of terrorist acts following the events
   of September 11, 2001, necessitate a prompt study of the issues relating
   to permitting property and casualty insurance companies to establish    
   deductible reserves against losses for future acts of terrorism (as well
   as for other future catastrophes, such as natural disasters).           
                         Explanation of Provision                        

   The provision deletes the tax provisions of H.R. 3210 as introduced.    

      The provision requires the Secretary of the Treasury to conduct a    
   study of issues relating to permitting property and casualty insurance  
   companies to establish deductible reserves against losses for future    
   acts of terrorism. No later than 4 months after the date of enactment,  
   the Secretary is required to report to Congress the results of the      
   study, with recommendations for changes to the Internal Revenue Code of 
   1986 or other appropriate action. The issues to be studied include--    
       (1) Whether such tax-favored reserves for property and casualty     
   insurance companies would promote insurance coverage of risks of        
   terrorism and the accumulation of additional resources needed to satisfy
   potential claims resulting from such risks,                             
       (2) The lines of business for which such reserves would be          
   appropriate, including whether the reserves should be applied to        
   personal or commercial lines of business,                               
    (3) How the amount of such reserves would be determined,               

    (4) How such reserves would be administered,                           

       (5) A comparison of the Federal tax treatment of such reserves and  
   of other insurance reserves permitted under present Federal tax law,    
       (6) An analysis of the use of tax-favored reserves for catastrophic 
   events, including acts of terrorism, under the tax laws of foreign      
   countries, and                                                          
       (7) Whether it would be appropriate to permit similar reserves for  
   other future catastrophic events, such as natural disasters, taking into
   account the factors under the preceding paragraphs.                     
                                 III. VOTE OF THE COMMITTEE                       

      In compliance with clause 3(b) of rule XIII of the Rules of the House
   of Representatives, the following statements are made concerning the    
   votes of the Committee on Ways and Means in its consideration of the    
   revenue provisions of the bill, H.R. 3210.                              
                        MOTION TO REPORT THE BILL                        

   The bill was ordered reported by voice vote, with a quorum present.     


                               IV. BUDGET EFFECTS OF THE BILL                     

                         A. COMMITTEE ESTIMATE OF BUDGETARY EFFECTS               

      In compliance with clause 3(d)(2) of the rule XIII of the Rules of   
   the House of Representatives, the following statement is made concerning
   the effects on the budget of the revenue provision of the bill, H.R.    
   3210, as reported.                                                      
      The revenue provision of the bill, as reported, is estimated to have 
   no effect on budget receipts for fiscal years 2002 2006.                
          B. STATEMENT REGARDING NEW BUDGET AUTHORITY AND TAX EXPENDITURES BUDGET 
                                    AUTHORITY                                     
      In compliance with clause 3(c)(2) of rule XIII of the Rules of the   
   House of Representatives, the Committee states that the revenue         
   provisions of the bill involve no new or increased budget authority (as 
   detailed in the statement by the Congressional Budget Office (``CBO''); 
   see Part IV.C., below). The Committee further states that the revenue   
   provisions involve no increased tax expenditures. (See Part IV.A.,      
   above.)                                                                 
                C. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE      

      In compliance with clause 3(c)(3) of rule XIII of the Rules of the   
   House of Representatives, requiring a cost estimate prepared by the CBO,
   the following statement by CBO is provided.                             

       U.S. Congress,                                                          

       Congressional budget Office,                                            

       Washington, DC, November 19, 2001.                                      



          Hon.  William ``Bill'' M. Thomas,                Chairman, Committee on Ways and Means,

       House of Representatives, Washington, DC.                               

       Dear Mr. Chairman: The Congressional Budget Office has prepared the 
   enclosed cost estimate for H.R. 3210, the Terrorism Risk Protection Act.
      If you wish further details on this estimate, we will be pleased to  
   provide them. The CBO staff contacts are Mark Hadley and Megan Carroll  
   (for federal costs), Susan Sieg Tompkins (for the state and local       
   impact), and Jean Talarico (for the private-sector impact).             
   Sincerely,                                                              

         Dan L. Crippen,  Director.                                             

   Enclosure.                                                              


           H.R. 3210--Terrorism Risk Protection Act                                

      Summary: H.R. 3210 would require an administrator appointed by the   
   President to provide up to $100 billion in financial assistance to      
   commercial property and casualty insurers for losses from terrorist acts
   committed after enactment of the bill and prior to January 1, 2003. (The
   administrator would have the authority to extend the program for two    
   more years.) The administrator would provide such assistance only after 
   insured losses exceed $1 billion for the entire industry (or lesser     
   amounts if individual insurance companies are particularly affected as  
   specified by the bill). After either threshold is met, the administrator
   would pay insurance companies 90 percent of subsequent covered losses.  
   Under the bill, if insured losses from a terrorist act required the     
   administrator to provide financial assistance, the administrator could  
   recoup that cost through charges assessed on the insurance industry and 
   purchasers of commercial property and casualty insurance.               
      CBO cannot predict how much insured damage terrorists would cause in 
   any specific year. Instead our estimate of the cost of financial        
   assistance provided under H.R. 3210 represents an expected value of     
   payments from the program--a weighted average that reflects the         
   probabilities of various outcomes, from zero damages up to very large   
   damages due to possible future terrorist attacks. The expected value can
   be thought of as the amount of an insurance premium that would be       
   necessary to just offset the risk of providing this insurance; indeed,  
   our estimate of the expected cost for H.R. 3210 is based on premiums    
   collected for terrorism insurance in the United Kingdom and insurance   
   practices in the United States.                                         
      On this basis, CBO estimates that enacting section 6 of H.R. 3210    
   would increase direct spending by about $7.3 billion over the 2002 2006 
   period and by $8.5 billion over the next 10 years. Under the bill, the  
   administrator could recoup the cost of providing financial assistance   
   through assessments and surcharges; hence, over many years, CBO expects 
   that an increase in spending for financial assistance would be nearly   
   offset (on a cash basis) by a corresponding increase in governmental    
   receipts (revenues). We assume, however, that the administrator would   
   not impose any assessments or surcharges until one year after federal   
   assistance is provided and that those amounts would be collected over   
   several years. Thus, CBO estimates that H.R. 3210 would increase        
   governmental receipts by about $1.4 billion over the 2002 2006 period   
   and by $5.3 billion over the next 10 years. Because H.R. 3210 would     
   affect direct spending and receipts, pay-as-you-go procedures would     
   apply.                                                                  
      H.R. 3210 contains several intergovernmental and private-sector      
   mandates, as defined in the Unfunded Mandates Reform Act (UMRA), on     
   insurers and policy holders of commercial property and casualty         
   insurance. CBO estimates that the aggregate net costs of complying with 
   those mandates would not exceed the annual thresholds established by    
   UMRA ($56 million for intergovernmental mandates and $113 million for   
   private-sector mandates in 2001, adjusted annually for inflation).      
      Estimated cost to the Federal Government: The estimated budgetary    
   impact of H.R. 3210 is shown in the following table. The costs of this  
   legislation fall within budget function 370 (commerce and housing       
   credit).                                                                

                                                                               

                                 By fiscal year, in millions of dollars--     

                                  2002      2003      2004      2005      2006  

    CHANGES IN DIRECT SPENDING                                                      
Estimated budget authority         800     1,700     2,200     1,700       900  
Estimated outlays                  800     1,700     2,200     1,700       900  
    CHANGES IN REVENUES                                                             
Assessments and surcharges           0       100       200       500       600  

      Basis of estimate: For this estimate, CBO assumes that H.R. 3210 will
   be enacted by the end of 2001 and its provisions will remain in effect  
   until December 31, 2004. We estimate that H.R. 3210 would increase      
   direct spending by $8.5 billion and governmental receipts by $5.3       
   billion over 2002 2011 period.                                          

            Direct spending                                                         

      H.R. 3210 would require the administrator to provide up to $100      
   billion in financial assistance to commercial property and casualty     
   insurers for losses above certain thresholds due to future terrorist    
   acts. Under the bill, the administrator would provide such assistance as
   a result of terrorist acts that occur before January 1, 2003, but the   
   administrator could extend the program to cover events through calendar 
   year 2004. (If the program is extended beyond 2002, we interpret the    
   $100 billion as being an annual limit.) For this estimate, CBO assumes  
   that the administrator would extend the program through 2004.           
      By offering financial assistance to commercial property and casualty 
   insurers for acts of terrorism, H.R. 3210 would expose the federal      
   government to potentially huge liabilities. For any year, CBO has no    
   basis for estimating the likelihood of terrorist attacks or the amount  
   of insured damage they may cause. Instead, our estimate of the cost of  
   these provisions reflects how much the government might be expected to  
   pay to insurers on average.                                             
      In the following sections, we describe our method for estimating the 
   expected-value cost of providing financial assistance under H.R. 3210,  
   explain how we convert that expected-value cost to annual estimates of  
   cash outlays, and discuss some of the reasons why the cost to the       
   federal government is so uncertain.                                     
       Terrorism Insurance in the United Kingdom. --Because very limited   
   information is available about how the insurance industry would set     
   premiums for terrorism insurance in the United States, we examined the  
   government-backed insurance pool that spreads the risk of terrorist acts
   among insurers in the United Kingdom (this program is called Pool Re).  
      CBO could not estimate the cost of H.R. 3210 to the federal          
   government by examining the U.S. insurance industry's perception of the 
   likelihood of terrorist acts. Representatives of the insurance industry 
   have testified that estimating the risk of terrorist acts is nearly     
   impossible because sufficient historical data do not exist. We explored 
   the possibility of using premiums paid in the U.S. for terrorism        
   insurance prior to September 11, 2001, to estimate the minimum premium  
   required to compensate the government for its risk; however, such       
   information is not available. This led us to examine the United         
   Kingdom's experience with terrorism insurance.                          
      In 1993, the British government created Pool Re to provide terrorism 
   reinsurance (insurance for insurance companies) to the commercial       
   property insurance market in the United Kingdom. Participating insurers 
   must offer terrorism coverage at risk-based rates established by Pool Re
   and then remit any premiums collected from their customers to the pool. 
   After a small deductible, Pool Re pays 100 percent of the costs of a    
   terrorist act. If claims from terrorist acts exhaust the pool's         
   resources, the British government is liable for the shortfall.          
       Calculating the Expected Value of Claims. --Over the 1993 2000      
   period, annual premiums collected by Pool Re have ranged from about $530
   million in the early years of the program to about $75 million in 2000. 
   On average, annual premiums have been roughly $325 million. The pool has
   reduced its premium rates in recent years as the number of terrorist    
   attacks in the United Kingdom (and the perceived threat of future       
   attacks) dropped. For this estimate, CBO assumes that the average       
   premiums over the eight-year period accurately reflect the terrorist    
   risk to covered losses in the United Kingdom. In some years, there may  
   be many costly attacks; in others, there may be none.                   
      To compare premiums collected by Pool Re to those that would be      
   required to compensate the federal government for its risk under H.R.   
   3210, we made adjustments to account for differences between Pool Re and
   the proposed U.S. program. CBO expects that, if premiums were charged to
   cover the potential costs of H.R. 3210, they would have to be           
   significantly larger than those collected by Pool Re. Pool Re covers    
   losses only for property damage and business interruption, while the    
   program proposed under the bill also would cover casualty and related   
   risks. Based on information from the insurance industry about the       
   relative proportion of property and casualty insurance, we estimate that
   including these lines would roughly double the premiums required under  
   Pool Re. In addition, CBO increased the average premium amount for Pool 
   Re by a factor of 7 to account for differences in the sizes of the two  
   countries' economies and insurance markets. We did not make any         
   adjustments for differences in the risk of terrorist acts that each     
   country faces because we cannot quantify such differences.              
      After making the adjustments described above, CBO estimates that the 
   expected-value cost of a federal program that is analogous to Pool Re   
   would be about $4.5 billion a year. However, two key differences between
   Pool Re and the program outlined in H.R. 3210 require additional        
   adjustments. First, H.R. 3210 would require the industry to absorb      
   losses of $1 billion before the administrator would provide any         
   assistance. By comparison, deductibles required by Pool Re are          
   negligible. Second, H.R. 3210 would cap federal assistance at $100      
   billion a year; coverage under Pool Re has no cap.                      
      To make these further adjustments, we assumed that the probability of
   terrorist attacks is skewed toward events that would cost less than $4.5
   billion a year. After taking into account the $1 billion industry-wide  
   deductible and the $100 billion cap on federal assistance, CBO estimates
   that the administrator would need to charge about $3 billion annually   
   for coverage over the 2002 2004 period to fully compensate the          
   government for the risk it would assume under H.R. 3210. Assuming the   
   program operates for three years, the expected cost to the              

                    government would total $9 billion. Those outlays, however,    
          would be spread out over many years, as explained below.                
       Timing of Federal Spending .--To estimate federal spending for this 
   program on a cash basis, CBO used information from insurance experts on 
   historical rates at which property and casualty claims are paid. Based  
   on such information, CBO estimates that the expected value of federal   
   spending under H.R. 3210 would total $8.5 billion over the 2002 2011    
   period, and about $500 million after 2011. In general, following a      
   catastrophic loss, it takes many years to complete insurance payments   
   because of disputes over the value of covered losses by property and    
   business owners. For this estimate, we assumed that financial assistance
   to property and casualty insurers would be paid over several years, with
   most of the spending occurring within the first five years.             
       Costs Are Uncertain .--While this estimate reflects CBO's best      
   judgment on the basis of available information, costs are a function of 
   inherently unpredictable future terrorist attacks. As such, actual costs
   could cover an extremely broad range. Moreover, there is a greater risk 
   that our estimated costs are too low rather than too high.              
      Our expected losses under this program could be too low because we   
   assumed losses would have to exceed $1 billion before the administrator 
   would provide assistance. Under the bill, however, the administrator    
   also could provide assistance if aggregate losses exceed $100 million   
   and at least one company is particularly adversely affected. In         
   addition, there are a number of differences between Pool Re and the     
   program that would be established under this legislation that are       
   unknown--for example, the difference between U.S. and British tort      
   law--but these differences would push the likely cost of the bill       
   higher.                                                                 
            Revenues                                                                

      CBO estimates that under H.R. 3210 the administrator would collect   
   $5.3 billion over the 2002 2011 period through assessments on the       
   insurance industry and surcharges on policy holders.                    
       Assessments .--If a terrorist act requires the administrator to     
   provide financial assistance, the administrator would recoup that cost  
   through charges paid by the insurance industry and purchasers of        
   commercial property and casualty insurance. The first $18 billion of    
   financial assistance could be recovered by assessing each insurer based 
   on its portion of aggregate property and casualty insurance premiums for
   the preceding calendar year. Each company's assessment would be limited 
   to 3 percent of aggregate premiums. The administrator could delay when a
   company would be required to pay the assessment if such a delay were    
   necessary to prevent the insurer from becoming insolvent. Because we    
   assume the probability of terrorist attacks would be skewed toward      
   events that would cost less than $4.5 billion, we anticipate that       
   assessments would account for most of the amounts the administrator     
   would collect. On an expected-value basis, CBO estimates that           
   assessments to recover the cost of federal assistance would generate    
   revenues totaling $4.3 billion over the next 10 years.                  
       Surcharges .--The administrator would recover any assistance provide
   between $20 billion and $100 billion by imposing a surcharge on all     
   premiums for commercial property and casualty insurance. Surcharges     
   would apply to insurance sold following a terrorist attack that         
   necessitated federal assistance. H.R. 3210 would require the            
   administrator to impose surcharges for as long as is necessary to       
   recover the aggregate financial assistance. Thus, the government could  
   collect surcharges for many years depending on the level of financial   
   assistance. We estimate that surcharges would total $1 billion over the 
   next 10 years.                                                          
       Timing .--CBO expects that the administrator probably would not     
   recoup the entire cost of financial assistance during the 2002 2011     
   period. Based on information from the insurance industry on aggregate   
   premiums collected in recent years, CBO estimates that the administrator
   could recoup no more than about $10 billion a year. The bill would allow
   the administrator to reduce annual charges to avoid unreasonable        
   economic disruption, excessive market instability, or undue burdens on  
   small businesses. Therefore, if annual losses are very high, we expect  
   that the administrator would limit annual collections by spreading them 
   over many years. CBO assumes it would take the administrator at least 10
   years to recoup the costs of any financial provided under H.R. 3210.    
   Thus, we estimate that many of the collections from assessments and     
   surcharges would occur after 2011.                                      
       Risk of Insolvency .--In addition, although the bill would allow the
   administrator to delay when an insurance company pays its assessment,   
   the bill would not provide the administrator with the authority to      
   increase the assessment on the remaining insurance companies if a       
   company is unable to pay. Thus, the federal government also would bear  
   the risk that an insurance company would become insolvent during the    
   assessment period. Historically, the credit risk of insurance companies 
   has been very low, but the government would be exposed to such risk only
   following a very costly attack. Because we expect the probability of    
   such a costly attack is very low, we included a small adjustment for the
   risk of insolvency in our estimate.                                     
       Credit Reform Does Not Apply .--The provisions of the Federal Credit
   Reform Act do not apply to H.R. 3210. Under that act, a direct loan is  
   defined as a defined as a disbursement of funds to a nonfederal borrower
   under a contract that requires the repayment. A disbursement cannot be  
   considered a direct loan, however, if the duty to repay the government  
   arises from an                                                          

                    exercise of sovereign power, tort liability, or some other    
          noncontract obligation. H.R. 3210 would require insurance companies and 
          potentially policy holders to compensate the government for its costs,  
          but it would do so through an exercise of sovereign power, not through  
          loan repayment contracts. Therefore, CBO believes that the financial    
          assistance and subsequent collections would not constitute a loan       
          program.                                                                
      Pay-as-you-go considerations: The Balance Budget and Emergency       
   Deficit Control Act sets up pay-as-you-go procedures for legislation    
   affecting direct spending or receipts. The net changes in outlays and   
   governmental receipts that are subject to pay-as-you-go procedures are  
   shown in the following table. Only the effects in the current year and  
   the following four years are counted for pay-as-you-go purposes.        


                                                                                               

                                             By fiscal year, in millions of dollars--                        

                           2002      2003      2004      2005     2006     2007     2008     2009     2010    2011  

Changes in outlays          800     1,700     2,200     1,700      900      500      300      200      100     100  
Changes in receipts           0       100       200       500      600      700      800      800      800     800  

      Intergovernmental and private-sector impact: H.R. 3210 contains      
   several intergovernmental and private-sector mandates as defined by     
   UMRA. CBO estimates that the costs to comply with all of the mandates in
   the bill would not exceed the thresholds established by UMRA ($56       
   million for intergovernmental mandates and $113 for private-sector      
   mandates in 2001, adjusted annually for inflation).                     
            Assessments and surcharges                                              

      The bill would require the administrator, through the use of the     
   federal government's sovereign power, to recoup the costs of financial  
   assistance provided to certain insurers through assessments paid by the 
   insurance industry and surcharges paid by purchasers of commercial      
   property and casualty insurance. This requirement to repay the federal  
   government for financial assistance received would be both an           
   intergovernmental and private-sector mandate under UMRA because both    
   private entities and state and local governments would be affected.     
      Specifically, section 7 would require commercial property and        
   casualty insurers as well as self-insured risk pools to pay back,       
   through assessments, 90 percent of either total industry-wide losses or 
   $20 billion, whichever is less. Taken individually, some insurers may   
   benefit from the financial assistance while others face only the cost of
   the assessment. But for the insurance industry as a whole, the cost of  
   the assessment would be no greater than the financial assistance        
   received, so the net cost of this mandate would be zero.                
      In addition, section 8 would require purchasers of commercial        
   property and casualty insurance to repay, in the form of a surcharge,   
   any federal assistance provided to certain insurers between $18 billion 
   and $100 billion. Some purchasers of commercial property and casualty   
   insurance would not receive a direct benefit under the bill or          
   protection from higher premiums in its absence. Therefore, the surcharge
   would be a mandate that imposes costs on both private-sector purchasers 
   and state and local governments (in their capacity as purchasers of     
   insurance). CBO estimates that the expected value of the surcharges on  
   policyholders would total less than $120 million annually over the next 
   five years.                                                             
            Preemptions                                                             

      Section 12 would preempt certain state insurance laws by providing   
   that any insurer that complies with the provisions of the bill would be 
   deemed to comply with any state law that regulates insurance for acts of
   terrorism. This section also would expressly preempt any state laws that
   limit the amount an insurer could add to premiums to recover any        
   assessments, and laws that require certain actions by insurers in order 
   for rates or policies to be effective.                                  
      Section 13 of the bill would require states to adopt uniform         
   guidelines for maintaining certain reserves and disclosing premium      
   costs. Should states fail to adopt these guidelines, the administrator  
   could adopt them on a national basis, superseding any related state     
   laws. Neither the preemptions in section 12 nor the requirements of     
   section 13, which are intergovernmental mandates as defined by UMRA,    
   would impose significant costs on state, local, or tribal governments.  
      Previous CBO estimate: On November 16, 2001, CBO transmitted a cost  
   estimate for H.R. 3210, the Terrorism Risk Protection Act, as ordered   
   reported by the House Committee on Financial Services on November 7,    
   2001. CBO estimates that the effects on direct spending would be the    
   same under the two versions, but the revenue provisions and their       
   estimated effects would differ. Both versions would increase            
   governmental receipts from assessments and surcharges by an             

                    estimated $5.3 billion over the 2002 2011 period. However, the
          version of the bill ordered reported by the Committee on Financial      
          Services also included provisions that the Joint Committee on Taxation  
          estimated would reduce tax revenues from non-life insurance companies by
          $21.4 billion over that period. Hence, we estimated that enacting that  
          version would have the net effect of reducing governmental receipts by  
          $7.1 billion over the next 10 years. Because the House Committee on Ways
          and Means did not include those provisions, CBO estimates that its      
          version of H.R. 3210 would increase governmental receipts by $5.3       
          billion over the 2002 2011 period.                                      
      In addition, while our estimate of total assessments and surcharges  
   under both versions is the same, we estimate that, under the version    
   ordered reported by the House Committee on Ways and Means, a greater    
   proportion of the collections would come from surcharges that under the 
   House Committee on Financial Services' version. While the mandates in   
   both versions of the bill are the same, the higher surcharges would     
   increase the cost of the mandate on purchasers of insurance. However,   
   the aggregate costs of the mandates in both versions would not exceed   
   the thresholds established in UMRA.                                     
      Estimate prepared by: Federal costs: Mark Hadley, Megan Carroll, and 
   Ken Johnson; impact on State, local, and tribal governments: Susan Sieg 
   Tompkins; impact on the private sector: Jean Talarico.                  
      Estimated approved by: Robert A. Sunshine, Assistant Director for    
   Budget Analysis.                                                        
                V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE     

                    A. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS           

      With respect to clause 3(c)(1) of rule XIII of the Rules of the House
   of Representatives (relating to oversight findings), the Committee      
   advises that it was a result of the Committee's oversight review of any 
   conditions or circumstances that may indicate the necessity or          
   desirability of enacting new or additional legislation within its       
   jurisdiction that the Committee determined that it is appropriate and   
   timely to enact the study relating to tax reserves for property and     
   casualty insurance for terrorist or other catastrophic events that is   
   provided for in the bill, in light of the events of September 11, 2001. 
                  B. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES        

      With respect to clause 3(c)(4) of rule XIII of the Rules of the House
   of Representatives, the Committee advises that the bill contains no     
   revenue measure that authorizes funding, so no statement of general     
   performance goals and objectives for which any measure authorizes       
   funding is required.                                                    
                           C. CONSTITUTIONAL AUTHORITY STATEMENT                  

      With respect to clause 3(d)(1) of the rule XIII of the Rules of the  
   House of Representatives (relating to Constitutional Authority), the    
   Committee states that the Committee's action in reporting this bill is  
   derived from Article I of the Constitution, Section 8 (``The Congress   
   shall have Power To lay and collect Taxes, Duties, Imposts and Excises *
   * *''), and from the 16th Amendment to the Constitution.                
                        D. INFORMATION RELATING TO UNFUNDED MANDATES              

      This information is provided in accordance with section 423 of the   
   Unfunded Mandates Act of 1995 (P.L. 104 4).                             
      The Committee has determined that the revenue provisions of the bill 
   do not contain Federal mandates on the private sector. The Committee has
   determined that the revenue provisions of the bill do not impose a      
   Federal intergovernmental mandate on State, local, or tribal            
   governments.                                                            
                          E. APPLICABILITY OF HOUSE RULE XXI  5(B)                

      Rule XXI 5(b) of the Rules of the House of Representatives provides, 
   in part, that ``A bill or joint resolution, amendment, or conference    
   report carrying a Federal income tax rate increase may not be considered
   as passed or agreed to unless so determined by a vote of not less than  
   three-fifths of the Members voting, a quorum being present.'' The       
   Committee has carefully reviewed the revenue provisions of the bill, and
   states that those provisions of the bill do not involve any Federal     
   income tax rate increases within the meaning of the rule.               
                                 F. TAX COMPLEXITY ANALYSIS                       

      Section 4022(b) of the Internal Revenue Service Reform and           
   Restructuring Act of 1998 (the ``IRS Reform Act'') requires the Joint   
   Committee on Taxation (in consultation with the Internal Revenue Service
   and the Department of the Treasury) to provide a tax complexity         
   analysis. The complexity analysis is required for all legislation       
   reported by the Senate Committee on Finance, the House Committee on Ways
   and Means, or any committee of conference if the legislation includes a 
   provision that directly or indirectly amends the Internal Revenue Code  
   (the ``Code'') and has widespread applicability to individuals or small 
   businesses.                                                             
      The staff of the Joint Committee on Taxation has determined that a   
   complexity analysis is not required under section 4022(b) of the IRS    
   Reform Act because the revenue provisions of the bill contain no        
   provisions that amend the Internal Revenue Code and that have           
   ``widespread applicability'' to individuals or small businesses.        
                  VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED       

      In compliance with clause 3(e) of rule XIII of the Rule of the House 
   of Representatives, the Committee states that no changes in existing law
   are made by the revenue provision of the bill, as reported.             


Source:
U.S. Government Website

September 11 Page

127 Wall Street, New Haven, CT 06511.