Sec. 103. Certification of acts of terrorism
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Paragraph
(1)of section 102 ( 15 U.S.C. 6701 note) is amended— in subparagraph (A), in the matter preceding clause (i), by striking concurrence with the Secretary of State and inserting consultation with the Secretary of Homeland Security ; in subparagraph (B)— in clause (i), by striking ; or and inserting a period; by striking clause (ii); and by striking terrorism if— and all that follows through
(i)the act and inserting terrorism if the act ; by redesignating subparagraphs
(C)and
(D)as subparagraphs
(E)and (G), respectively; by inserting after subparagraph
(B)the following new subparagraph: The Secretary shall issue a preliminary certification notice indicating whether an act is expected to be a certified act of terrorism not later than 15 days after— the date of the occurrence of a potential act of terrorism; or the receipt of a petition seeking a preliminary certification decision submitted by an insurer having an in-force policy or policies that could be affected by a certification decision. Not later than 90 days after the date of the occurrence of a potential act of terrorism or the receipt of a petition submitted to the Secretary pursuant to clause (i)(II), the Secretary shall issue a final certification notice indicating whether an act is a certified act of terrorism for purposes of this Act. Failure to issue a preliminary certification notice under clause
(i)shall not prevent the Secretary from issuing a final certification notice under clause (ii). ; and by inserting before subparagraph (G), as so redesignated by paragraph
(3)of this subsection, the following new subparagraph: If the Secretary does not certify, or make a determination not to certify, an act as an act of terrorism before the expiration of the 90-day period beginning on the occurrence of such act, such act shall be treated for purposes of this Act as having been determined by the Secretary not to be an act of terrorism and such determination shall be final and shall not be subject to judicial review. . The amendments made by subsection
(a)shall apply to the Program Year for the Terrorism Insurance Program established by title I of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) that begins on January 1, 2015, and Program Years thereafter.
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Sec. 103
Certification of acts of terrorism
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