2024 Report on the Effectiveness of the Terrorism Risk Insurance Program, 19639-19640 [2024-05750]

Download as PDF Federal Register / Vol. 89, No. 54 / Tuesday, March 19, 2024 / Notices Issued in Washington, DC, on March 13, 2024. William Chadwick, Jr., Director, Office of Airline Information, Bureau of Transportation Statistics. [FR Doc. 2024–05754 Filed 3–18–24; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF THE TREASURY 2024 Report on the Effectiveness of the Terrorism Risk Insurance Program Departmental Offices, U.S. Department of the Treasury. ACTION: Request for comment. AGENCY: The Terrorism Risk Insurance Act of 2002, as amended (TRIA), established the Terrorism Risk Insurance Program (TRIP or Program). TRIA requires the Secretary of the Treasury (Secretary) to submit a report to Congress by June 30, 2024 concerning, in general, the overall effectiveness of TRIP. To assist the Secretary in formulating the report, the Federal Insurance Office (FIO) within the Department of the Treasury (Treasury) is seeking comments from the insurance sector and other stakeholders on the statutory factors to be analyzed in the report, as well as feedback on other issues relating to the effectiveness of TRIP. DATES: Submit comments on or before May 3, 2024. ADDRESSES: Submit comments electronically through the Federal eRulemaking Portal at https:// www.regulations.gov, in accordance with the instructions on that site, or by mail to the Federal Insurance Office, Attn: Richard Ifft, Room 1410 MT, Department of the Treasury, 1500 Pennsylvania Avenue NW, Washington, DC 20220. Because postal mail may be subject to processing delays, it is recommended that comments be submitted electronically. If submitting comments by mail, please submit an original version with two copies. Comments concerning the 2024 report on the effectiveness of the Terrorism Risk Insurance Program should be captioned with ‘‘2024 TRIP Effectiveness Report.’’ In general, Treasury will post all comments to www.regulations.gov without change, including any business or personal information provided such as names, addresses, email addresses, or telephone numbers. All comments, including attachments and other supporting materials, are part of the public record and subject to public disclosure. You should submit only information that you wish to make available publicly. ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:41 Mar 18, 2024 Jkt 262001 Where appropriate, a comment should include a short Executive Summary (no more than five single-spaced pages). Additional Instructions. Responses should also include: (1) The data or rationale, including examples, supporting any opinions or conclusions; and (2) any specific legislative, administrative, or regulatory proposals for carrying out recommended approaches or options. FOR FURTHER INFORMATION CONTACT: Richard Ifft, Lead Management and Senior Insurance Policy Analyst, Terrorism Risk Insurance Program, (202) 622–2922, or Theodore Newman, Senior Insurance Regulatory Policy Analyst, Federal Insurance Office, (202) 622– 1748. Persons who have difficulty hearing or speaking may access these numbers via TTY by calling the toll-free Federal Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: I. Background TRIA 1 requires participating insurers to make insurance available for losses resulting from acts of terrorism and provides a federal government backstop for the insurers’ resulting financial exposure. TRIA established TRIP within Treasury, and TRIP is administered by the Secretary with the assistance of FIO. TRIA Section 104(h)(2) requires the Secretary to periodically prepare and submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on, among other things, the impact and effectiveness of TRIP (Effectiveness Report). TRIA was reauthorized in December 2019 with an additional requirement that Treasury’s Effectiveness Reports analyze the availability and affordability of terrorism risk insurance, including specifically for houses of worship. The Effectiveness Report to be submitted by June 30, 2024 will include an analysis of information that is being collected by Treasury through the 2024 TRIP Data Call,2 as well as data that Treasury collected in prior TRIP data calls. Treasury’s data calls are conducted to obtain information to facilitate Treasury’s analysis of the effectiveness of TRIP and the competitiveness of small insurers in the terrorism risk 1 Public Law 107–297, 116 Stat. 2322, codified at 15 U.S.C. 6701, note. Because the provisions of TRIA (as amended) appear in a note, instead of particular sections, of the United States Code, the provisions of TRIA are identified by the sections of the law. 2 A notice announcing the commencement of the 2024 TRIP Data Call also appears in this issue of the Federal Register. PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 19639 insurance marketplace,3 as well as to assist Treasury more generally in the administration of TRIP. II. Solicitation for Comments This request for comment will provide stakeholders the opportunity to provide qualitative feedback and analysis that may not be otherwise observable through the results of the TRIP data calls. Information and views of stakeholders on the factors listed above will assist Treasury in the formulation of the Effectiveness Report and provide a meaningful opportunity for stakeholder engagement. In addition, and more generally, such public input may assist the Secretary in the administration of TRIP. Statutory Factors Treasury seeks comments on each of the following factors, which Treasury is required under TRIA Section 104(h)(2) to consider in the Effectiveness Report: 1. The overall effectiveness of TRIP; 2. The availability and affordability of terrorism risk insurance, including specifically for places of worship; 3. Any changes or trends relating to the data Treasury collects in its annual TRIP data calls, and the implications of such observations with regard to the effectiveness of TRIP; 4. Whether any aspects of TRIP have the effect of discouraging or impeding insurers from providing one or more lines of commercial property and casualty insurance coverage or coverage for acts of terrorism; and 5. Any impact of TRIP on workers’ compensation insurers in particular. In addition to seeking comments on the above factors outlined in Section 104(h)(2) of TRIA, Treasury understands that other issues and factors in the insurance market relating to terrorism risk insurance, other than those factors specified in TRIA, could have an impact on the effectiveness of the Program, as well as FIO’s administration of TRIP. Treasury accordingly also seeks comments on the following topics: Additional Topics 1. Whether the lines of insurance currently subject to the Program properly identify those areas where TRIP is necessary to ensure the availability and affordability of terrorism risk insurance, or whether certain lines of insurance should either be deleted or added; 2. The availability of terrorism risk insurance coverage for losses arising from nuclear, biological, chemical, or radiological (NBCR) exposures, and the 3 TRIA E:\FR\FM\19MRN1.SGM sec. 108(h). 19MRN1 19640 Federal Register / Vol. 89, No. 54 / Tuesday, March 19, 2024 / Notices availability of reinsurance or capital markets support for terrorism risk insurance for such exposures; 3. Changes in the property, casualty, and reinsurance markets since the 2022 Program Effectiveness Report that may have affected the pricing, affordability, availability, and take up of terrorism risk insurance; ddrumheller on DSK120RN23PROD with NOTICES1 Cyber-Related Topics 4. Terrorism risk insurance issues presented by cyber-related losses, and the potential response of TRIP in connection with such exposures, including your views on the type of cyber-related terrorism losses that may be included within TRIP and those losses that may not be covered by TRIP; 5. Any potential changes to TRIA or TRIP that would encourage the take up of insurance for cyber-related losses arising from acts of terrorism as defined under TRIA, including, but not limited to the modification of the lines of insurance covered by TRIP and revisions to the current TRIP risksharing mechanisms for cyber-related losses, including how TRIP would respond to potential catastrophic cyber events; 6. The availability of reinsurance or capital markets support for cyber-related losses arising from acts of terrorism as defined under TRIA; Other Topics 7. How captive insurers access TRIP, including the extent to which they provide coverage on a standalone versus embedded basis, or provide coverage for NBCR risks only; 8. The current status of terrorism risk modeling capabilities, and the use of those techniques in the placement of terrorism risk insurance; 9. Given the nature of terrorism risk, whether FIO should be seeking more granular information than state or metropolitan level information (such as ZIP code level or geocoded information) to assist in FIO’s analysis of the terrorism risk insurance market and TRIP; 10. How and whether developments in Artificial Intelligence technologies will affect terrorism insurance underwriting, marketing, claims management, and perils; 11. In what ways, if any, small business clients face distinct challenges in the terrorism insurance market and whether small business have materially different exposures or take-up rates from the broader terrorism insurance market; 12. Given that FIO now chairs the International Forum of Terrorism (Re)Insurance Pools, any issues that FIO should consider in its engagement with VerDate Sep<11>2014 17:41 Mar 18, 2024 Jkt 262001 international entities or authorities providing support for terrorism risk insurance or reinsurance; and 13. Any other issues relating to TRIP, terrorism risk insurance, or reinsurance that may be relevant to FIO’s assessment of the effectiveness of TRIP in the report. Steven E. Seitz, Director, Federal Insurance Office. [FR Doc. 2024–05750 Filed 3–18–24; 8:45 am] BILLING CODE 4810–AK–P DEPARTMENT OF THE TREASURY 2024 Terrorism Risk Insurance Program Data Call Departmental Offices, U.S. Department of the Treasury. ACTION: Data collection. AGENCY: Pursuant to the Terrorism Risk Insurance Act of 2002, as amended (TRIA), insurers that participate in the Terrorism Risk Insurance Program (TRIP or Program) are directed to submit information for the 2024 TRIP Data Call, which covers the reporting period from January 1, 2023 to December 31, 2023. Participating insurers are required to register and report information in a series of forms approved by the Office of Management and Budget (OMB). All insurers writing commercial property and casualty insurance in lines subject to TRIP, subject to certain exceptions identified in this notice, must respond to this data call no later than May 15, 2024. DATES: Participating insurers must register and submit data no later than May 15, 2024. ADDRESSES: Participating insurers will register through a website that has been established for this data call. After registration, insurers will receive data collection forms through a secure file transfer portal, and they will submit the requested data through the same secure portal. Participating insurers can register for the 2024 TRIP Data Call at https://tripsection111data.com. Additional information about the data call, including sample data collection forms and instructions, can be found on the TRIP website at https:// home.treasury.gov/policy-issues/ financial-markets-financial-institutionsand-fiscal-service/federal-insuranceoffice/terrorism-risk-insurance-program/ annual-data-collection. FOR FURTHER INFORMATION CONTACT: Richard Ifft, Lead Management and Senior Insurance Policy Analyst, Terrorism Risk Insurance Program, Room 1410, Department of the Treasury, SUMMARY: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 1500 Pennsylvania Avenue NW, Washington, DC 20220, (202) 622–2922; or Theodore Newman, Senior Insurance Regulatory Policy Analyst, Federal Insurance Office Room 1410, Department of the Treasury, 1500 Pennsylvania Avenue NW, Washington, DC 20220, (202) 622–1748. Persons who have difficulty hearing or speaking may access these numbers via TTY by calling the toll-free Federal Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: I. Background TRIA 1 created the Program within the U.S. Department of the Treasury (Treasury) to address disruptions in the market for terrorism risk insurance, to help ensure the continued availability and affordability of commercial property and casualty insurance for terrorism risk, and to allow for the private market to stabilize and build insurance capacity to absorb any future losses for terrorism events. The Program has been reauthorized on a number of occasions, and was most recently extended until December 31, 2027.2 TRIA requires the Secretary of the Treasury (Secretary) to collect certain insurance data and information from insurers on an annual basis regarding their participation in the Program.3 TRIA also requires the Secretary to prepare a biennial report on the effectiveness of the Program (Effectiveness Report).4 The Effectiveness Report must be submitted to Congress by June 30, 2024. The Federal Insurance Office (FIO) is authorized to assist the Secretary in the administration of the Program,5 including conducting the annual data call and preparing reports and studies required under TRIA. II. Elements of the 2024 TRIP Data Call For purposes of the 2024 TRIP Data Call, FIO, state insurance regulators, and the National Association of Insurance Commissioners (NAIC) will again use the consolidated data call mechanism first developed for use in the 2018 TRIP Data Call. This approach relies on four joint reporting templates, to be 1 Public Law 107–297, 116 Stat. 2322, codified at 15 U.S.C. 6701, note. Because the provisions of TRIA (as amended) appear in a note, instead of particular sections, of the United States Code, the provisions of TRIA are identified by the sections of the law. 2 Terrorism Risk Insurance Program Reauthorization Act of 2019, Public Law 116–94, 133 Stat. 2534. 3 TRIA, sec. 104(h)(1). Treasury regulations also address the annual data collection requirement. See 31 CFR 50.51, 50.54. 4 TRIA, sec. 104(h)(2). 5 31 U.S.C. 313(c)(1)(D). E:\FR\FM\19MRN1.SGM 19MRN1

Agencies

[Federal Register Volume 89, Number 54 (Tuesday, March 19, 2024)]
[Notices]
[Pages 19639-19640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05750]


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DEPARTMENT OF THE TREASURY


2024 Report on the Effectiveness of the Terrorism Risk Insurance 
Program

AGENCY: Departmental Offices, U.S. Department of the Treasury.

ACTION: Request for comment.

-----------------------------------------------------------------------

SUMMARY: The Terrorism Risk Insurance Act of 2002, as amended (TRIA), 
established the Terrorism Risk Insurance Program (TRIP or Program). 
TRIA requires the Secretary of the Treasury (Secretary) to submit a 
report to Congress by June 30, 2024 concerning, in general, the overall 
effectiveness of TRIP. To assist the Secretary in formulating the 
report, the Federal Insurance Office (FIO) within the Department of the 
Treasury (Treasury) is seeking comments from the insurance sector and 
other stakeholders on the statutory factors to be analyzed in the 
report, as well as feedback on other issues relating to the 
effectiveness of TRIP.

DATES: Submit comments on or before May 3, 2024.

ADDRESSES: Submit comments electronically through the Federal 
eRulemaking Portal at https://www.regulations.gov, in accordance with 
the instructions on that site, or by mail to the Federal Insurance 
Office, Attn: Richard Ifft, Room 1410 MT, Department of the Treasury, 
1500 Pennsylvania Avenue NW, Washington, DC 20220. Because postal mail 
may be subject to processing delays, it is recommended that comments be 
submitted electronically. If submitting comments by mail, please submit 
an original version with two copies. Comments concerning the 2024 
report on the effectiveness of the Terrorism Risk Insurance Program 
should be captioned with ``2024 TRIP Effectiveness Report.'' In 
general, Treasury will post all comments to www.regulations.gov without 
change, including any business or personal information provided such as 
names, addresses, email addresses, or telephone numbers. All comments, 
including attachments and other supporting materials, are part of the 
public record and subject to public disclosure. You should submit only 
information that you wish to make available publicly. Where 
appropriate, a comment should include a short Executive Summary (no 
more than five single-spaced pages).
    Additional Instructions. Responses should also include: (1) The 
data or rationale, including examples, supporting any opinions or 
conclusions; and (2) any specific legislative, administrative, or 
regulatory proposals for carrying out recommended approaches or 
options.

FOR FURTHER INFORMATION CONTACT: Richard Ifft, Lead Management and 
Senior Insurance Policy Analyst, Terrorism Risk Insurance Program, 
(202) 622-2922, or Theodore Newman, Senior Insurance Regulatory Policy 
Analyst, Federal Insurance Office, (202) 622-1748. Persons who have 
difficulty hearing or speaking may access these numbers via TTY by 
calling the toll-free Federal Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    TRIA \1\ requires participating insurers to make insurance 
available for losses resulting from acts of terrorism and provides a 
federal government backstop for the insurers' resulting financial 
exposure. TRIA established TRIP within Treasury, and TRIP is 
administered by the Secretary with the assistance of FIO. TRIA Section 
104(h)(2) requires the Secretary to periodically prepare and submit a 
report to the Committee on Financial Services of the House of 
Representatives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate on, among other things, the impact and 
effectiveness of TRIP (Effectiveness Report). TRIA was reauthorized in 
December 2019 with an additional requirement that Treasury's 
Effectiveness Reports analyze the availability and affordability of 
terrorism risk insurance, including specifically for houses of worship. 
The Effectiveness Report to be submitted by June 30, 2024 will include 
an analysis of information that is being collected by Treasury through 
the 2024 TRIP Data Call,\2\ as well as data that Treasury collected in 
prior TRIP data calls. Treasury's data calls are conducted to obtain 
information to facilitate Treasury's analysis of the effectiveness of 
TRIP and the competitiveness of small insurers in the terrorism risk 
insurance marketplace,\3\ as well as to assist Treasury more generally 
in the administration of TRIP.
---------------------------------------------------------------------------

    \1\ Public Law 107-297, 116 Stat. 2322, codified at 15 U.S.C. 
6701, note. Because the provisions of TRIA (as amended) appear in a 
note, instead of particular sections, of the United States Code, the 
provisions of TRIA are identified by the sections of the law.
    \2\ A notice announcing the commencement of the 2024 TRIP Data 
Call also appears in this issue of the Federal Register.
    \3\ TRIA sec. 108(h).
---------------------------------------------------------------------------

II. Solicitation for Comments

    This request for comment will provide stakeholders the opportunity 
to provide qualitative feedback and analysis that may not be otherwise 
observable through the results of the TRIP data calls. Information and 
views of stakeholders on the factors listed above will assist Treasury 
in the formulation of the Effectiveness Report and provide a meaningful 
opportunity for stakeholder engagement. In addition, and more 
generally, such public input may assist the Secretary in the 
administration of TRIP.

Statutory Factors

    Treasury seeks comments on each of the following factors, which 
Treasury is required under TRIA Section 104(h)(2) to consider in the 
Effectiveness Report:
    1. The overall effectiveness of TRIP;
    2. The availability and affordability of terrorism risk insurance, 
including specifically for places of worship;
    3. Any changes or trends relating to the data Treasury collects in 
its annual TRIP data calls, and the implications of such observations 
with regard to the effectiveness of TRIP;
    4. Whether any aspects of TRIP have the effect of discouraging or 
impeding insurers from providing one or more lines of commercial 
property and casualty insurance coverage or coverage for acts of 
terrorism; and
    5. Any impact of TRIP on workers' compensation insurers in 
particular.
    In addition to seeking comments on the above factors outlined in 
Section 104(h)(2) of TRIA, Treasury understands that other issues and 
factors in the insurance market relating to terrorism risk insurance, 
other than those factors specified in TRIA, could have an impact on the 
effectiveness of the Program, as well as FIO's administration of TRIP. 
Treasury accordingly also seeks comments on the following topics:
Additional Topics
    1. Whether the lines of insurance currently subject to the Program 
properly identify those areas where TRIP is necessary to ensure the 
availability and affordability of terrorism risk insurance, or whether 
certain lines of insurance should either be deleted or added;
    2. The availability of terrorism risk insurance coverage for losses 
arising from nuclear, biological, chemical, or radiological (NBCR) 
exposures, and the

[[Page 19640]]

availability of reinsurance or capital markets support for terrorism 
risk insurance for such exposures;
    3. Changes in the property, casualty, and reinsurance markets since 
the 2022 Program Effectiveness Report that may have affected the 
pricing, affordability, availability, and take up of terrorism risk 
insurance;
Cyber-Related Topics
    4. Terrorism risk insurance issues presented by cyber-related 
losses, and the potential response of TRIP in connection with such 
exposures, including your views on the type of cyber-related terrorism 
losses that may be included within TRIP and those losses that may not 
be covered by TRIP;
    5. Any potential changes to TRIA or TRIP that would encourage the 
take up of insurance for cyber-related losses arising from acts of 
terrorism as defined under TRIA, including, but not limited to the 
modification of the lines of insurance covered by TRIP and revisions to 
the current TRIP risk-sharing mechanisms for cyber-related losses, 
including how TRIP would respond to potential catastrophic cyber 
events;
    6. The availability of reinsurance or capital markets support for 
cyber-related losses arising from acts of terrorism as defined under 
TRIA;
Other Topics
    7. How captive insurers access TRIP, including the extent to which 
they provide coverage on a standalone versus embedded basis, or provide 
coverage for NBCR risks only;
    8. The current status of terrorism risk modeling capabilities, and 
the use of those techniques in the placement of terrorism risk 
insurance;
    9. Given the nature of terrorism risk, whether FIO should be 
seeking more granular information than state or metropolitan level 
information (such as ZIP code level or geocoded information) to assist 
in FIO's analysis of the terrorism risk insurance market and TRIP;
    10. How and whether developments in Artificial Intelligence 
technologies will affect terrorism insurance underwriting, marketing, 
claims management, and perils;
    11. In what ways, if any, small business clients face distinct 
challenges in the terrorism insurance market and whether small business 
have materially different exposures or take-up rates from the broader 
terrorism insurance market;
    12. Given that FIO now chairs the International Forum of Terrorism 
(Re)Insurance Pools, any issues that FIO should consider in its 
engagement with international entities or authorities providing support 
for terrorism risk insurance or reinsurance; and
    13. Any other issues relating to TRIP, terrorism risk insurance, or 
reinsurance that may be relevant to FIO's assessment of the 
effectiveness of TRIP in the report.

Steven E. Seitz,
Director, Federal Insurance Office.
[FR Doc. 2024-05750 Filed 3-18-24; 8:45 am]
BILLING CODE 4810-AK-P
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