Terrorism Risk Insurance: Overview and Issue Analysis for the 116th Congress
By Baird Webel · Congressional Research Service · 2019 · CRS R45707
Study guide: Exam 6U
A Congressional Research Service report (updated December 27, 2019) on terrorism risk insurance and the federal Terrorism Risk Insurance Act (TRIA) program. It describes the goals and specifics of the current program, the coverage of nonconventional attacks, the insurability of terrorism risk and the terrorism insurance market before and after TRIA, and it compares the program's reauthorizations in a side-by-side table.
On the syllabus
- Exam 6U — objectives B1–B2; the Summary page and pp. 1–10, stopping at The Terrorism Insurance Market (CRS R45707, updated December 27, 2019, as the content outline states it)
Summary
- Before September 11, 2001, coverage for terrorism losses was normally included in general insurance policies at no additional cost; afterwards it became expensive, if offered at all.
- Congress responded with the Terrorism Risk Insurance Act of 2002 (TRIA; P.L. 107-297), a temporary three-year Terrorism Insurance Program under which the government shares losses on commercial property and casualty insurance after a foreign terrorist attack, with potential recoupment afterwards.
- TRIA requires insurers to make terrorism coverage available to commercial policyholders but does not require policyholders to purchase it; the program was extended in 2005, 2007 and 2015, and P.L. 116-94, enacted December 20, 2019, extended it to December 31, 2027.
- The current program has a
5 million threshold for a certified act, a180 million aggregate industry threshold (rising to200 million in 2020), an insurer deductible of 20% of annual premiums and a government share of 81% of insured losses (80% in 2020); the Secretary of the Treasury must recoup 140% of outlays when insured losses are under37.5 billion.
Introduction
Terrorism Risk Insurance Program Reauthorization Act of 2019 (P.L. 116-94; H.R. 4634; S. 2877)
Goals and Specifics of the Current TRIA Program
- Terrorism Loss Sharing Criteria
- Initial Loss Sharing
- Recoupment Provisions
- Program Administration
- TRIA Consumer Protections
- Preservation of State Insurance Regulation
Coverage for Nonconventional Terrorism Attacks
- Nuclear, Biological, Chemical, and Radiological Terrorism Coverage
- Cyberterrorism Coverage
Background on Terrorism Insurance
- Insurability of Terrorism Risk
- International Experience with Terrorism Risk Insurance
- Previous U.S. Experience with "Uninsurable" Risks
The Terrorism Insurance Market
- Post-9/11 and Pre-TRIA
- After TRIA
Evolution of Terrorism Risk Insurance Laws
Appendix Calculation of TRIA Recoupment Amounts
Sources
- Terrorism Risk Insurance: Overview and Issue Analysis for the 116th Congress (CRS Report R45707, updated December 27, 2019) — the document, as archived by EveryCRSReport.com: title page, summary, contents and section headings (23 pages, sha256 5e901301cf080c6f4abe41899d732e63457bc2bb95484b0a1349fd3701bcc389); the CRS's own site could not be reached from here, and the CAS's file for this reading is a one-page pointer to the report
- CAS Exam 6U Content Outline, Fall 2026 — the citation ("updated December 27, 2019") and the assigned pages