[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2761 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2761

  To extend the Terrorism Insurance Program of the Department of the 
                   Treasury, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2007

 Mr. Capuano (for himself, Mrs. Maloney of New York, Mr. Ackerman, Mr. 
Meeks of New York, Mrs. McCarthy of New York, Mr. Crowley, Mr. Israel, 
Mr. King of New York, Mr. Gutierrez, Mr. Watt, Mr. Sherman, Mr. Lynch, 
 Mr. Scott of Georgia, Mr. Al Green of Texas, Mr. Cleaver, Mr. Lincoln 
 Davis of Tennessee, Mr. Sires, Mr. Mahoney of Florida, Mr. Murphy of 
  Connecticut, Mr. Wexler, Mr. Boren, Mr. Frank of Massachusetts, Mr. 
Hodes, and Mr. Shays) introduced the following bill; which was referred 
                 to the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
  To extend the Terrorism Insurance Program of the Department of the 
                   Treasury, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Terrorism Risk 
Insurance Revision and Extension Act of 2007''.
    (b) References.--Except as otherwise expressly provided in this 
Act, wherever in this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 
note).

SEC. 2. FINDINGS AND PURPOSE.

    Section 101 is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (6) as paragraph 
                (12); and
                    (C) by inserting after paragraph (5) the following 
                new paragraphs:
            ``(6) the United States Government should coordinate with 
        insurers to provide financial compensation to insured parties 
        for losses from acts of terrorism, contributing to the 
        stabilization of the United States economy in a time of 
        national crisis, and periodically assess the ability of the 
        financial services industry to develop the systems, mechanisms, 
        products, and programs necessary to create a viable financial 
        services market for private terrorism risk insurance that will 
        lessen the financial participation of the United States 
        Government;
            ``(7) in addition to a terrorist attack on the United 
        States using conventional means or weapons, there is and 
        continues to be a potential threat of a terrorist attack 
        involving the use of unconventional means or weapons, such as 
        nuclear, biological, chemical, or radiological agents;
            ``(8) as nuclear, biological, chemical or radiological acts 
        of terrorism (known as NBCR terrorism) present a threat of loss 
        of life, injury, disease and property damage potentially 
        unparalleled in scope and complexity by any prior event, 
        natural or man-made, the Federal Government's responsibility in 
        providing for and preserving national economic security calls 
        for a strong Federal role in ensuring financial compensation 
        and economic recovery in the event of such an attack;
            ``(9) a report issued by the Government Accountability 
        Office in September 2006 concluded that `any purely market-
        driven expansion of coverage' for NBCR terrorism risk is 
        `highly unlikely in the foreseeable future' and the September 
        2006 report from the President's Working Group on Financial 
        Markets concluded that reinsurance for NBCR terrorist events is 
        virtually unavailable and that `[g]iven the general reluctance 
        of insurance companies to provide coverage for these types of 
        risks, there may be little potential for future market 
        development';
            ``(10) group life insurance companies are important 
        financial institutions whose products make life insurance 
        coverage affordable for millions of Americans and often serve 
        as their only life insurance benefit;
            ``(11) the group life insurance industry, in the event of a 
        severe act of terrorism, is vulnerable to insolvency because 
        high concentrations of covered employees work in the same 
        locations, because primary life insurers do not exclude 
        conventional and NBCR terrorism risks while most catastrophic 
        reinsurance does exclude such terrorism risks, and because a 
        large-scale loss of life would fall outside of actuarial 
        expectations of death; and''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``for terrorism 
                risk'' and inserting the following: ``and group life 
                insurance for all types of terrorism risk, including 
                conventional terrorism risk and nuclear, biological, 
                chemical, and radiological terrorism risk''; and
                    (B) in paragraph (2)--
                            (i) by inserting before the period at the 
                        end the following: ``(unless otherwise 
                        preempted by this Act)''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) provide finite liability limits for terrorism 
        insurance losses for insurers and the United States 
        Government.''.

SEC. 3. 10-YEAR EXTENSION OF PROGRAM.

    (a) Termination Date.--Section 108(a) is amended by striking 
``December 31, 2007'' and inserting ``December 31, 2017''.
    (b) Additional Program Year.--Paragraph (11) of section 102 is 
amended by adding at the end the following new subparagraph:
                    ``(G) Additional program year.--The term 
                `additional Program Year' means any additional one-year 
                period after Program Year 5 during which the Program is 
                in effect, which period shall begin on January 1 and 
                end on December 31 of the same calendar year.''.
    (c) Insurer Deductible.--Section 102(7) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end; 
        and
            (2) in subparagraph (G)--
                    (A) by striking ``(F)'' and inserting ``(G)''; and
                    (B) by redesignating such subparagraph as 
                subparagraph (H); and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) for each additional Program Year--
                            ``(i) with respect to property and casualty 
                        insurance, the value of an insurer's direct 
                        earned premiums over the calendar year 
                        immediately preceding such Program Year, 
                        multiplied by 20 percent; and''.
    (d) Insured Loss Shared Compensation.--Subsection (e) of section 
103 is amended--
            (1) in paragraph (2)(A), by striking ``the period'' and all 
        that follows through ``2 through 5'' and inserting ``any 
        additional Program Year'';
            (2) in paragraph (6)--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(F) for each additional Program Year--
                            ``(i) for property and casualty insurance, 
                        the lesser of--
                                    ``(I) $27,500,000,000; and
                                    ``(II) the aggregate amount, for 
                                all such insurance, of insured losses 
                                during such Program Year; and''; and
            (3) in paragraph (7), by striking ``period'' and 
        ``periods'' each place either such term appears and inserting 
        ``Program Year'' and ``Program Years'', respectively.

SEC. 4. COVERAGE OF DOMESTIC TERRORISM.

    Clause (iv) of section 102(1)(A) is amended by striking ``acting on 
behalf of any foreign person or foreign interest,''.

SEC. 5. ADJUSTMENT OF PROGRAM TRIGGER.

    Section 103(e)(1) is amended--
            (1) in subparagraph (B), by striking clauses (i) and (ii) 
        and inserting the following new clause:
                            ``(i) $50,000,000, with respect to such 
                        insured losses occurring in any additional 
                        Program Year; or''; and
            (2) by redesignating subparagraphs (B) and (C) as 
        subparagraphs (C) and (D), respectively.

SEC. 6. DEFINITIONS.

    Section 102 is amended--
            (1) in paragraph (3)(C), by inserting before the period at 
        the end the following: ``; except that for purposes of any 
        proceeding under this subparagraph, there shall be a 
        presumption that any entity which directly or indirectly owns, 
        controls, or has power to vote less than 5 percent of any class 
        of voting securities of another entity does not have control 
        over that entity'';
            (2) in paragraph (4), by striking ``paragraph (5)'' and 
        inserting ``paragraph (8)'';
            (3) by redesignating paragraphs (10) through (16) as 
        paragraphs (15) through (21), respectively;
            (4) by inserting after paragraph (9) the following new 
        paragraph:
            ``(14) Previously impacted area.--
                    ``(A) In general.--The term `impacted area' means a 
                geographic area that, after an act of terrorism, the 
                Secretary determines has suffered a substantial and 
                direct economic impact as a result of such act of 
                terrorism. In designating such an area the Secretary 
                shall use postal zip codes, census tracts, or such 
                other geographic determinates as the Secretary finds 
                appropriate to provide a clear delineation of the 
                impacted area.
                    ``(B) Previous acts of terrorism.--Notwithstanding 
                subparagraph (A), the Secretary shall designate as an 
                impacted area any area within the United States that 
                has, during the 15-year period ending upon the date of 
                the enactment of the Terrorism Risk Insurance Revision 
                and Extension Act of 2007, been subject to an act of 
                violence that--
                            ``(i) would have been an act of terrorism 
                        for purposes of this Act if this Act had been 
                        in effect at the time of such act of violence; 
                        and
                            ``(ii) resulted in insured losses (as such 
                        term is defined in this Act) of at least 
                        $1,000,000,000 at the time of the event.
                Any such previous acts of violence shall be considered 
                acts of terrorism for purposes of paragraph (11) of 
                this section (relating to insurer deductible) and 
                section 103(e)(1)(C) (relating to program trigger).'';
            (5) by redesignating paragraph (9) as paragraph (13);
            (6) by inserting after paragraph (8) the following new 
        paragraph:
            ``(12) NBCR terrorism.--The term `NBCR terrorism' means an 
        act of terrorism that involves nuclear, biological, chemical, 
        or radiological reactions, releases, or contaminations, to the 
        extent any insured losses are caused by any such reactions, 
        releases, or contaminations.'';
            (7) by redesignating paragraphs (5) through (8) as 
        paragraphs (8) through (11), respectively;
            (8) by inserting after paragraph (4) the following new 
        paragraphs:
            ``(6) Excess insured loss.--The term `excess insured loss' 
        means, with respect to a Program Year, any portion of the 
        amount of insured losses during such Program Year that exceeds 
        the cap on annual liability under section 103(e)(2)(A).
            ``(7) Group life insurance.--The term `group life 
        insurance' means an insurance contract that provides life 
        insurance coverage, including term life insurance coverage, 
        group universal life insurance coverage, group variable 
        universal life insurance coverage and accidental death 
        coverage, or a combination thereof, for a number of individuals 
        under a single contract, on the basis of a group selection of 
        risks, but does not include `Corporate Owned Life Insurance' or 
        `Business Owned Life Insurance,' each as defined under the 
        Internal Revenue Code of 1986, or any similar product.'';
            (9) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (10) by inserting after paragraph (2) the following new 
        paragraph.
            ``(3) Amount at risk.--The term `amount at risk' means, 
        with respect to group life insurance, the death benefit less 
        any cash value.''.

SEC. 7. COVERAGE OF GROUP LIFE INSURANCE.

    (a) Definitions.--Section 102, as amended by the preceding 
provisions of this Act, is further amended--
            (1) in paragraph (1)(B)(ii), by inserting ``and group life 
        insurance'' before ``losses'';
            (2) in paragraph (8) (relating to insured loss), as so 
        redesignated by section 6 of this Act, in the matter preceding 
        subparagraph (A)--
                    (A) by inserting ``or group life insurance as 
                limited to the amount at risk,'' after ``property and 
                casualty insurance''; and
                    (B) by inserting a comma after ``insurer'';
            (3) in paragraph (9) (relating to insurer), as so 
        redesignated by section 6 of this Act--
                    (A) in subparagraph (A)(i), by inserting ``, or 
                group life insurance,'' after ``excess insurance''; and
                    (B) in subparagraph (B), by inserting ``or, in the 
                case of group life insurance, that receives premiums,'' 
                after ``insurance coverage,'';
            (4) in paragraph (10) (relating to insurer deductible), as 
        so redesignated by section 6 of this Act--
                    (A) in subparagraph (G), as added by section 
                3(c)(3) of this Act, by adding at the end the following 
                new clause:
                            ``(ii) with respect to group life 
                        insurance, the value of an insurer's amount at 
                        risk for a covered line of insurance over the 
                        calendar year immediately preceding such 
                        Program Year, multiplied by 0.0351 percent;''; 
                        and
                    (B) in subparagraph (H), as so redesignated by 
                section 3(c)(2) of this Act--
                            (i) by inserting ``for property and 
                        casualty insurance, and such portion of the 
                        amount at risk for group life insurance,'' 
                        after ``such portion of the direct earned 
                        premiums''; and
                            (ii) by striking the period at the end and 
                        inserting ``and amount at risk;''.
    (b) Separate Retention Pool.--Section 103(e)(6) is amended--
            (1) in subparagraph (D)(ii), by striking ``and'' at the 
        end; and
            (2) in subparagraph (F), as added by section 3(d)(2)(C) of 
        this Act, by adding at the end the following new clause:
                            ``(ii) for group life insurance, the lesser 
                        of--
                                    ``(I) $5,000,000,000; and
                                    ``(II) the aggregate amount, for 
                                all such insurance, of insured losses 
                                during such Program Year.''.
    (c) Separate Recoupment.--Section 103(e)(7) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``(E)'' and inserting ``(F)'';
                    (B) in clause (i), by inserting ``applicable'' 
                before ``insurance'';
                    (C) in clause (ii), by striking ``all insurers'' 
                and inserting ``all applicable insurers (pursuant to 
                subparagraph (E))'';
            (2) in subparagraph (B)--
                    (A) in the heading, by inserting ``applicable'' 
                before ``insurance'';
                    (B) by striking ``(E)'' and inserting ``(F)''; and
                    (C) by inserting ``applicable'' before 
                ``insurance'';
            (3) in subparagraph (C), by striking ``(E)'' and inserting 
        ``(F)''; and
            (4) by adding at the end the following new subparagraph:
                    ``(E) Separate recoupment.--``The Secretary shall 
                provide that--
                            ``(i) any recoupment under this paragraph 
                        of amounts paid for Federal financial 
                        assistance for insured losses for property and 
                        casualty insurance shall be made from an 
                        insurer, with respect to its property and 
                        casualty insurance; and
                            ``(ii) any recoupment under this paragraph 
                        of amounts paid for Federal financial 
                        assistance for insured losses for group life 
                        insurance shall be made from an insurer, with 
                        respect to its group life insurance.''.
    (d) Policy Surcharge for Terrorism Loss Risk-Spreading Premiums.--
Section 103(e)(8) is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``Any'' and inserting ``Subject to subparagraph (E), 
                any'';
                    (B) in clause (i), by inserting ``, and group life 
                insurance policies,'' after ``policies''; and
                    (C) by striking clause (iii) and inserting the 
                following new clause:
                            ``(iii) be based on--
                                    ``(I) a percentage of the premium 
                                amount charged for property and 
                                casualty insurance coverage under the 
                                policy; and
                                    ``(II) a percentage of the amount 
                                at risk for covered lines of group life 
                                insurance coverage under the policy.''; 
                                and
            (2) in subparagraph (C)--
                    (A) by striking the comma after ``an annual basis'' 
                and all that follows through the end of the 
                subparagraph and inserting a 2-em dash; and
                    (B) by adding at the end the following:
                            ``(i) with respect to property and casualty 
                        insurance, the amount equal to 3 percent of the 
                        premium charged under the policy; and
                            ``(ii) with respect to group life 
                        insurance, the amount equal to 0.0053 percent 
                        of the amount at risk for covered lines under 
                        the policy.''.

SEC. 8. COVERAGE FOR NUCLEAR, BIOLOGICAL, CHEMICAL, AND RADIOLOGICAL 
              EVENTS.

    (a) Certification.--Section 102(1) is amended--
            (1) in subparagraph (C), by inserting ``or as an act of 
        NBCR terrorism'' after ``act of terrorism'';
            (2) in subparagraph (D), by inserting ``, including an act 
        of NBCR terrorism,'' after ``act of terrorism'';
            (3) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively; and
            (4) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) Certification of acts of nbcr terrorism.--
                Upon certification of an act of terrorism, the 
                Secretary, in concurrence with the Secretary of State, 
                and the Attorney General of the United States, shall 
                determine whether the act of terrorism meets the 
                definition of NBCR terrorism in this section. If such 
                determination is that the act does meet such 
                definition, the Secretary shall specifically certify 
                such act as an act of NBCR terrorism.''.
    (b) Mandatory Availability.--Section 103(c) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``property and casualty insurance 
                policies'' and inserting ``insurance policies for 
                covered lines''; and
                    (B) by striking ``; and'' and inserting the 
                following: ``, except for losses resulting from an act 
                of NBCR terrorism;'';
            (2) in paragraph (2)--
                    (A) by striking ``property and casualty'' and 
                inserting ``, for covered lines,'';
                    (B) by striking the period at the end and inserting 
                a semicolon; and
            (3) by adding after paragraph (2) the following new 
        paragraph:
            ``(3) shall make available, to any person who elects 
        coverage under paragraph (1) for a covered line and 
        notwithstanding any nuclear hazard or pollution exclusion in a 
        policy that otherwise would be applicable, coverage for such 
        covered line for losses resulting from NBCR terrorism; and''.
    (c) Insurer Deductible.--Paragraph (10) of section 102, as so 
redesignated by the preceding provisions of this Act, is amended by 
adding at the end the following new subparagraph:
                    ``(I) notwithstanding subparagraphs (A) through 
                (H), in the case of any act of NBCR terrorism, for any 
                additional Program Year--
                            ``(i) with respect to property and casualty 
                        insurance, the value of an insurer's direct 
                        earned premiums over the calendar year 
                        immediately preceding such Program Year, 
                        multiplied by 7.5 percent; and
                            ``(ii) with respect to group life 
                        insurance, the value of an insurer's amount at 
                        risk for a covered line of insurance over the 
                        calendar year immediately preceding such 
                        Program Year, multiplied by 0.0132 percent; 
                        and''.
    (d) Rate and Form Filings.--Section 106(a)(2) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) during the period beginning on the date of 
                the enactment of the Terrorism Risk Insurance Revision 
                and Extension Act of 2007 and ending on December 31, 
                2008, rates and forms for property and casualty 
                insurance covered by this title and providing coverage 
                for NBCR terrorism that are filed with any State shall 
                not be subject to prior approval or a waiting period 
                under any law of a State that would otherwise be 
                applicable, except that nothing in this title affects 
                the ability of any State to invalidate a rate as 
                excessive, inadequate, or unfairly discriminatory, and, 
                with respect to forms, where a State has prior approval 
                authority, it shall apply to allow subsequent review of 
                such forms; and''.

SEC. 9. INSURED LOSS SHARED COMPENSATION.

    (a) Insurer Copayment; Federal Share of Compensation.--Section 
103(e)(1) is amended by striking subparagraph (A) and inserting the 
following new subparagraphs:
                    ``(A) Conventional terrorism.--Except as provided 
                in subparagraph (B), the Federal share of compensation 
                under the Program to be paid by the Secretary for 
                insured losses of an insurer during any additional 
                Program Year shall be equal to the sum of--
                            ``(i) 85 percent of that portion of the 
                        amount of such insured losses that--
                                    ``(I) exceeds the applicable 
                                insurer deductible required to be paid 
                                during such Program Year; and
                                    ``(II) based upon pro rata 
                                determinations pursuant to paragraph 
                                (2)(B), does not contribute to 
                                aggregate industry insured losses 
                                during such Program Year exceeding 
                                $100,000,000,000; and
                            ``(ii) 100 percent of the insured losses of 
                        the insurer that, based upon pro rata 
                        determinations pursuant to paragraph (2)(B), 
                        contributes to aggregate industry insured 
                        losses during such Program Year exceeding 
                        $100,000,000,000, up to the limit under 
                        paragraph (2)(A).
                    ``(B) NBCR terrorism.--
                            ``(i) Amount of compensation.--The Federal 
                        share of compensation under the Program to be 
                        paid by the Secretary for insured losses of an 
                        insurer resulting from NBCR terrorism during 
                        any additional Program Year shall be equal to 
                        the sum of--
                                    ``(I) the amount of qualified NBCR 
                                losses (as such term is defined in 
                                clause (ii)) of the insurer, multiplied 
                                by a percentage based on the aggregate 
                                industry qualified NBCR losses for the 
                                Program Year, which percentage shall 
                                be--
                                            ``(aa) 85 percent of such 
                                        aggregate industry qualified 
                                        NBCR losses of less than 
                                        $10,000,000,000;
                                            ``(bb) 87.5 percent of such 
                                        aggregate industry qualified 
                                        NBCR losses between 
                                        $10,000,000,000 and 
                                        $20,000,000,000;
                                            ``(cc) 90 percent of such 
                                        aggregate industry qualified 
                                        NBCR losses between 
                                        $20,000,000,000 and 
                                        $40,000,000,000;
                                            ``(dd) 92.5 percent of such 
                                        aggregate industry qualified 
                                        NBCR losses of between 
                                        $40,000,000,000 and 
                                        $60,000,000,000; and
                                            ``(ee) 95 percent of such 
                                        aggregate industry qualified 
                                        NBCR losses of more than 
                                        $60,000,000,000;
                                and shall be prorated per insurer based 
                                on each insurer's percentage of the 
                                aggregate industry qualified NBCR 
                                losses for such additional Program 
                                Year; and
                                    ``(II) 100 percent of the insured 
                                losses of the insurer resulting from 
                                NBCR terrorism that, based upon pro 
                                rata determinations pursuant to 
                                paragraph (2)(B), contributes to 
                                aggregate industry insured losses 
                                during such Program Year exceeding 
                                $100,000,000,000, up to the limit under 
                                paragraph (2)(A).
                            ``(ii) Qualified nbcr losses.--For purposes 
                        of this subparagraph, the term `qualified NBCR 
                        losses' means, with respect to insured losses 
                        of an insurer resulting from NBCR terrorism 
                        during an additional Program Year, that portion 
                        of the amount of such insured losses that--
                                    ``(I) exceeds the applicable 
                                insurer deductible required to be paid 
                                during such Program Year; and
                                    ``(II) based upon pro rata 
                                determinations pursuant to paragraph 
                                (2)(B), does not contribute to 
                                aggregate industry insured losses 
                                during such Program Year exceeding 
                                $100,000,000,000.''.
    (b) Cap on Annual Liability; Claims Allocations.--
            (1) In general.--Section 103(e)(2) is amended--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i)--
                                    (I) by inserting after ``State 
                                law,'' the following: ``including any 
                                State workers' compensation or other 
                                compulsory insurance law,''; and
                                    (II) by striking ``aggregate 
                                insured losses exceed'' and inserting 
                                ``aggregate amount of the Federal share 
                                of compensation to be paid to all 
                                insurers pursuant to paragraph (1)(A) 
                                exceeds'';
                            (ii) in clause (i), by striking ``such 
                        losses that'' and inserting ``the aggregate 
                        insured losses during such Program Year for 
                        which the Federal share''; and
                            (iii) in clause (ii), by striking ``that 
                        amount that'' and inserting ``the aggregate 
                        insured losses during such Program Year for 
                        which the Federal share''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(C) Claims allocations.--The Secretary shall, by 
                regulation, provide for insurers to allocate claims 
                payments for insured losses under applicable insurance 
                policies in any case described in subparagraph (A). 
                Such regulations shall include provisions for payment, 
                for the purpose of addressing emergency needs of 
                applicable persons affected by an act of terrorism, of 
                a portion of claims for insured losses promptly upon 
                filing of such claims.''.
            (2) Regulations.--The Secretary of the Treasury shall issue 
        the regulations referred to in the amendment made by paragraph 
        (1)(B), and to carry out section 103(e)(2)(B) of the Terrorism 
        Risk Insurance Act of 2002, not later than the expiration of 
        the 120-day period beginning upon the date of the enactment of 
        this Act.
    (c) Limitation on Insurer Financial Responsibility; Notification of 
Losses.--Section 103(e) is amended--
            (1) by redesignating paragraphs (4) through (8) (as amended 
        by the preceding provisions of this Act) as paragraphs (5) 
        through (9), respectively; and
            (2) by striking paragraph (3) and inserting the following 
        new paragraphs:
            ``(3) Limitation on insurer financial responsibility.--
                    ``(A) Limitation.--Notwithstanding any other 
                provision of Federal or State law, including any State 
                workers' compensation or other compulsory insurance 
                law, an insurer's financial responsibility for insured 
                losses from acts of terrorism shall be limited to its 
                applicable insurer deductible and its applicable quota 
                share of insured losses determined pursuant to the 
                applicable provisions of section 102(10) and paragraph 
                (1)(A) of this subsection, respectively, and subject to 
                the requirements of paragraph (2)(B) of this 
                subsection.
                    ``(B) Federal reimbursement.--Notwithstanding any 
                other provision of Federal or State law, the Secretary 
                shall--
                            ``(i) reimburse insurers for any payment of 
                        excess insured losses made prior to publication 
                        of any notification pursuant to paragraph 
                        (4)(A);
                            ``(ii) reimburse insurers for any payment 
                        of excess insured losses occurring on or after 
                        the date of any notification pursuant to 
                        paragraph (4)(A), but only to the extent that--
                                    ``(I) such payment is ordered by a 
                                court pursuant to subparagraph (C) of 
                                this paragraph or is directed by State 
                                law, notwithstanding this paragraph, or 
                                by Federal law;
                                    ``(II) such payment is limited to 
                                compensating insurers for their payment 
                                of excess insured losses and does not 
                                include punitive damages, or litigation 
                                or other costs; and
                                    ``(III) the insurer has made a good 
                                faith effort to defend against any 
                                claims for such payment; and
                            ``(iii) have the right to intervene in any 
                        legal proceedings relating to such claims 
                        specified in clause (ii)(III).
                    ``(C) Federal court jurisdiction.--
                            ``(i) Conditions.--All claims relating to 
                        or arising out of an insurer's financial 
                        responsibility for insured losses from acts of 
                        terrorism under this section shall be within 
                        the original and exclusive jurisdiction of the 
                        district courts of the United States, in 
                        accordance with the procedures established in 
                        subparagraph (D), if the Secretary certifies 
                        that the following conditions have been met, or 
                        that there is a reasonable likelihood that the 
                        following conditions may be met:
                                    ``(I) The aggregate amount of the 
                                Federal share of compensation to be 
                                paid to all insurers pursuant to 
                                paragraph (1)(A) exceeds 
                                $100,000,000,000, pursuant to paragraph 
                                (2); and
                                    ``(II) the insurer has paid its 
                                applicable insurer deductible and its 
                                pro rata share of insured losses 
                                determined pursuant to paragraph 
                                (2)(B).
                            ``(ii) Removal of state court actions.--If 
                        the Secretary certifies that conditions set 
                        forth in subclauses (I) and (II) of clause (i) 
                        have been met, all pending State court actions 
                        that relate to or arise out of an insurer's 
                        financial responsibility for insured losses 
                        from acts of terrorism under this section shall 
                        be removed to a district court of the United 
                        States in accordance with subparagraph (D).
                    ``(D) Venue.--For each determination made by the 
                Secretary pursuant to subparagraph (C)(i), not later 
                than 90 days after the Secretary's determination the 
                Judicial Panel on Multidistrict Litigation shall 
                designate one district court or, if necessary, multiple 
                district courts of the United States that shall have 
                original and exclusive jurisdiction over all actions 
                for any claim relating to or arising out of an insurers 
                financial responsibility for insured losses from acts 
                of terrorism under this section.
            ``(4) Notices regarding losses and annual liability cap.--
                    ``(A) Approaching cap.--If the Secretary determines 
                estimated or actual aggregate Federal compensation to 
                be paid pursuant to paragraph (1) equals or exceeds 
                $80,000,000,000 during any Program Year, the Secretary 
                shall promptly provide notification in accordance with 
                subparagraph (D)--
                            ``(i) of such estimated or actual aggregate 
                        Federal compensation to be paid;
                            ``(ii) of the likelihood that such 
                        aggregate Federal compensation to be paid for 
                        such Program Year will equal or exceed 
                        $100,000,000,000; and
                            ``(iii) that, pursuant to paragraph 
                        (2)(A)(ii), insurers are not required to make 
                        payments of excess insured losses.
                    ``(B) Event likely to cause losses to exceed cap.--
                If any act of terrorism occurs that the Secretary 
                determines is likely to cause estimated or actual 
                aggregate Federal compensation to be paid pursuant to 
                paragraph (1) to exceed $100,000,000,000 during any 
                Program Year, the Secretary shall, not later than 10 
                days after such act, provide notification in accordance 
                with subparagraph (D)--
                            ``(i) of such estimated or actual aggregate 
                        Federal compensation to be paid; and
                            ``(ii) that, pursuant to paragraph 
                        (2)(A)(ii), insurers are not required to make 
                        payments for excess insured losses.
                    ``(C) Exceeding of cap.--If the Secretary 
                determines estimated or actual aggregate Federal 
                compensation to be paid pursuant to paragraph (1) 
                equals or exceeds $100,000,000,000 during any Program 
                Year--
                            ``(i) the Secretary shall promptly provide 
                        notification in accordance with subparagraph 
                        (D)--
                                    ``(I) of such estimated or actual 
                                aggregate Federal compensation to be 
                                paid; and
                                    ``(II) that, pursuant to paragraph 
                                (2)(A)(ii), insurers are not required 
                                to make payments for excess insured 
                                losses unless the Congress provides for 
                                payments for excess insured losses 
                                pursuant to clause (ii) of this 
                                subparagraph; and
                            ``(ii) the Congress shall determine the 
                        procedures for and the source of any payments 
                        for such excess insured losses.
                    ``(D) Parties notified.--Notification is provided 
                in accordance with this subparagraph only if 
                notification is provided--
                            ``(i) to the Congress, in writing; and
                            ``(ii) to insurers, by causing such notice 
                        to be published in the Federal Register.
                    ``(E) Determinations.--The Secretary shall make 
                determinations regarding estimated and actual aggregate 
                Federal compensation to be paid promptly after any act 
                of terrorism as may be necessary to comply with this 
                paragraph.
                    ``(F) Mandatory disclosure for insurance 
                contracts.--All policies for property and casualty 
                insurance and group life insurance shall be deemed to 
                contain a provision to the effect that no insurer that 
                has met its applicable insurer deductible and 
                applicable quota share shall be obligated to pay for 
                any portion of excess insured loss. Notwithstanding the 
                preceding sentence, insurers shall include a disclosure 
                in their policies detailing the maximum level of 
                Government assistance and the applicable insurer 
                share.''.
    (d) Conforming Amendments.--The Act is amended--
            (1) in section 103(e)--
                    (A) in paragraph (7), as so redesignated by 
                subsection (c)(1) of this section, by striking 
                ``paragraph (7)'' and inserting ``paragraph (8)'';
                    (B) in paragraph (8), as so redesignated by 
                subsection (c)(1) of this section, by striking 
                ``paragraph (6)'' each place such term appears and 
                inserting ``paragraph (7)''; and
                    (C) in paragraph (9)(C), as so redesignated by 
                subsection (c)(1) of this section, by striking 
                ``paragraph (7)(D)'' and inserting ``paragraph 
                (8)(D)''; and
            (2) in section 108(c)(1), by striking ``paragraph (4), (5), 
        (6), (7), or (8)'' and inserting ``paragraph (5), (6), (7), 
        (8), or (9)''.

SEC. 10. POST-EVENT RESET FOR PREVIOUSLY IMPACTED AREAS.

    (a) Insurer Deductibles.--Paragraph (10) of section 102, as so 
redesignated by the preceding provisions of this Act, is amended by 
adding at the end the following new subparagraph:
                    ``(J) if aggregate industry insured losses arising 
                from an act of terrorism in a previously impacted area 
                exceed $1,000,000,000, the insurer deductibles 
                otherwise applicable under this paragraph of any 
                insurers that sustain insured losses arising from any 
                subsequent act of terrorism in the same previously 
                impacted area shall be reduced for the Program Year in 
                which such subsequent act of terrorism occurred and 
                each Program Year thereafter by 1 percent for each 
                $1,000,000,000 in aggregate industry insured losses as 
                a result of the previous act of terrorism in such 
                previously impacted area, except that no insurer 
                deductible for any Program Year shall be reduced below 
                5 percent.''.
    (b) Program Trigger.--Subparagraph (C) of section 103(e)(1), as 
amended by the preceding provisions of this Act and so redesignated by 
section 5(2) of this Act, is further amended by adding at the end the 
following new clause:
                            ``(ii) in the case of any certified act of 
                        terrorism in any previously impacted area, the 
                        amount provided under clause (i), as reduced by 
                        $10,000,000 for each $1,000,000,000 in 
                        aggregate industry insured losses that were 
                        sustained as a result of a previous act of 
                        terrorism in the same impacted area, except 
                        that in no case may such amount be reduced 
                        below the amount specified in section 
                        102(1)(B)(ii).''.

SEC. 11. MANDATORY AVAILABILITY OF LIFE INSURANCE THAT DOES NOT 
              PRECLUDE FUTURE LAWFUL TRAVEL.

    Subsection (c) of section 103, as amended by the preceding 
provisions of this Act, is further amended by adding at the end the 
following new paragraph:
            ``(4) shall make available, in all of its life insurance 
        policies issued after the date of the enactment of the 
        Terrorism Risk Insurance Revision and Extension Act of 2007 
        under which the insured person is a citizen of the United 
        States or an alien lawfully admitted for permanent residence in 
        the United States, coverage that neither considers past, nor 
        precludes future, lawful foreign travel by the person insured, 
        and shall not decline such coverage based on past or future, 
        lawful foreign travel by the person insured or charge a premium 
        for such coverage that is excessive and not based on a good 
        faith actuarial analysis, except that an insurer may decline 
        or, upon inception or renewal of a policy, limit the amount of 
        coverage provided under any life insurance policy based on 
        plans to engage in future lawful foreign travel to occur within 
        12 months of such inception or renewal of the policy but only 
        if, at time of application--
                    ``(A) such declination is based on, or such 
                limitation applies only with respect to, travel to a 
                foreign destination--
                            ``(i) for which the Director of the Centers 
                        for Disease Control and Prevention of the 
                        Department of Health and Human Services has 
                        issued a highest level alert or warning, 
                        including a recommendation against non-
                        essential travel, due to a serious health-
                        related condition;
                            ``(ii) in which there is an ongoing 
                        military conflict involving the armed forces of 
                        a sovereign nation other than the nation to 
                        which the insured person is traveling; or
                            ``(iii)(I) that the insurer has 
                        specifically designated in the terms of the 
                        life insurance policy at the inception of the 
                        policy or at renewal, as applicable; and
                            ``(II) with respect to which the insurer 
                        has made a good faith determination that--
                                    ``(aa) a serious unlawful situation 
                                exists which is ongoing; and
                                    ``(bb) the credibility of 
                                information by which the insurer can 
                                verify the death of the insured person 
                                is compromised; and
                    ``(B) in the case of any limitation of coverage, 
                such limitation is specifically stated in the terms of 
                the life insurance policy at the inception of the 
                policy or at renewal, as applicable.''.

SEC. 12. EXPEDITED RULEMAKING.

    Subsection (a) of section 104 is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) during the 90-day period beginning upon the 
        certification of any act of terrorism, to issue such 
        regulations as the Secretary considers necessary to carry out 
        this Act without regard to the notice and comment provisions of 
        section 553 of title 5, United States Code.''.

SEC. 13. ANALYSIS AND STUDY.

    (a) Analysis of Market Conditions.--Section 108 is amended by 
striking subsection (e) and inserting the following:
    ``(e) Analysis of Market Conditions for Terrorism Risk Insurance.--
            ``(1) In general.--The President's Working Group on 
        Financial Markets, in consultation with the NAIC, 
        representatives of the insurance industry, representatives of 
        the securities industry, and representatives of policyholders, 
        shall perform an analysis regarding the long-term availability 
        and affordability of insurance for terrorism risk in the 
        private marketplace, including coverage for--
                    ``(A) property and casualty insurance;
                    ``(B) group life insurance;
                    ``(C) workers' compensation; and
                    ``(D) nuclear, biological, chemical, and 
                radiological events.
            ``(2) Report.--The President's Working Group on Financial 
        Markets shall submit three reports to the Committee on 
        Financial Services of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the Senate, 
        on its findings pursuant to the analysis conducted under 
        paragraph (1), as follows:
                    ``(A) An initial report, which shall be submitted 
                before the expiration of the 36-month period beginning 
                on the date of the enactment of the Terrorism Risk 
                Insurance Revision and Extension Act of 2007;
                    ``(B) A second report, which shall be submitted 
                before the expiration of the 72-month period beginning 
                on the date of the enactment of such Act.
                    ``(C) A final report, which shall be submitted 
                before the expiration of the 108-month period beginning 
                on the date of the enactment of such Act.''.
    (b) Commission on Terrorism Risk Insurance.--Title I is amended by 
adding at the end the following new section:

``SEC. 109. COMMISSION ON TERRORISM RISK INSURANCE.

    ``(a) Establishment.--There is hereby established the Commission on 
Terrorism Risk Insurance (in this section referred to as the 
`Commission').
    ``(b) Membership.--
            ``(1) The Commission shall consist of 19 members, as 
        follows:
                    ``(A) The Secretary of the Treasury or the designee 
                of the Secretary.
                    ``(B) One member who is a State insurance 
                commissioner, designated by the NAIC.
                    ``(C) 13 members, who shall be appointed by the 
                President, who shall include--
                            ``(i) a representative of group life 
                        insurers;
                            ``(ii) a representative of property and 
                        casualty insurers with direct written premium 
                        of $1,000,000,000 or less;
                            ``(iii) a representative of property and 
                        casualty insurers with direct written premium 
                        of more than $1,000,000,000;
                            ``(iv) a representative of multiline 
                        insurers;
                            ``(v) a representative of independent 
                        insurance agents;
                            ``(vi) a representative of insurance 
                        brokers;
                            ``(vii) a policyholder representative;
                            ``(viii) a representative of the survivors 
                        of the victims of the attacks of September 11, 
                        2001;
                            ``(ix) a representative of the reinsurance 
                        industry;
                            ``(x) a representative of workers' 
                        compensation insurers;
                            ``(xi) a representative from the commercial 
                        mortgage-backed securities industry;
                            ``(xii) a representative from a nationally 
                        recognized statistical rating organization; and
                            ``(xiii) a real estate developer.
                    ``(D) Four members, who shall serve as liaisons to 
                the Congress, who shall include two members jointly 
                selected by the Chairman and Ranking Member of the 
                Committee on Financial Services of the House of 
                Representatives and two members jointly selected by the 
                Chairman and Ranking Member of the Committee on 
                Banking, Housing, and Urban Affairs of the Senate.
            ``(2) Secretary.--The Program Director of the Terrorism 
        Risk Insurance Act of the Department of the Treasury shall 
        serve as Secretary of the Commission. The Secretary of the 
        Commission shall determine the manner in which the Commission 
        shall operate, including funding and staffing.
    ``(c) Duties.--
            ``(1) In general.--The Commission shall identify and make 
        recommendations regarding--
                    ``(A) possible actions to encourage, facilitate, 
                and sustain provision by the private insurance industry 
                in the United States of affordable coverage for losses 
                due to an act or acts of terrorism;
                    ``(B) possible actions or mechanisms to sustain or 
                supplement the ability of the insurance industry in the 
                United States to cover losses resulting from acts of 
                terrorism in the event that--
                            ``(i) such losses jeopardize the capital 
                        and surplus of the insurance industry in the 
                        United States as a whole; or
                            ``(ii) other consequences from such acts 
                        occur, as determined by the Commission, that 
                        may significantly affect the ability of the 
                        insurance industry in the United States to 
                        cover such losses independently; and
                    ``(C) significantly reducing the expected Federal 
                role over time in any continuing Federal terrorism risk 
                insurance program.
            ``(2) Evaluations.--In identifying and making the 
        recommendations required under paragraph (1), the Commission 
        shall specifically evaluate the utility and viability of 
        proposals aimed at improving the availability of insurance 
        against terrorism risk in the private marketplace.
            ``(3) Initial meeting.--The Commission shall hold its first 
        meeting during the 3-month period that begins 15 months after 
        the date of the enactment of this Act.
            ``(4) Reports.--
                    ``(A) Contents.--The Commission shall submit two 
                reports to the Congress that--
                            ``(i) evaluate and make recommendations 
                        regarding whether there is a need for a Federal 
                        terrorism risk insurance program;
                            ``(ii) if so, include a specific, detailed 
                        recommendation for the replacement of the 
                        Program under this title; and
                            ``(iii) include the identifications, 
                        evaluations, and recommendations required under 
                        paragraphs (1) and (2).
                    ``(B) Timing.--The first report required under 
                subparagraph (A) shall be submitted before the 
                expiration of the 60-month period beginning on the date 
                of the enactment of the Terrorism Risk Insurance 
                Revision and Extension Act of 2007. The second such 
                report shall be submitted before the expiration of the 
                96-month period beginning upon such date of 
                enactment.''.

SEC. 14. APPLICABILITY.

    The amendments made by this Act shall apply beginning on January 1, 
2008. The provisions of the Terrorism Risk Insurance Act of 2002, as in 
effect on the day before the date of the enactment of this Act, shall 
apply through the end of December 31, 2007.
                                 <all>