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Code · STATUTE-COMPILATIONS · Terrorism Risk Insurance Program Reauthorization Act of 2015 · Sec. 111

Sec. 111. REPORTING OF TERRORISM INSURANCE DATA

899 words·~4 min read·/statute-compilations/comps-11564/sec-111

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## SEC. 111 REPORTING OF TERRORISM INSURANCE DATA Section 104 (15 U.S.C. 6701 note) is amended by adding at the end the following new subsection: > > ### “(h) Reporting of Terrorism Insurance Data > > > #### “(1) Authority > > During the calendar year beginning on January 1, 2016, and in each calendar year thereafter, the Secretary shall require insurers participating in the Program to submit to the Secretary such information regarding insurance coverage for terrorism losses of such insurers as the Secretary considers appropriate to analyze the effectiveness of the Program, which shall include information regarding— > > > ##### “(A) > > lines of insurance with exposure to such losses; > > > ##### “(B) > > premiums earned on such coverage; > > > ##### “(C) > > geographical location of exposures; > > > ##### “(D) > > pricing of such coverage; > > > ##### “(E) > > the take-up rate for such coverage; > > > ##### “(F) > > the amount of private reinsurance for acts of terrorism purchased; and > > > ##### “(G) > > such other matters as the Secretary considers appropriate. > > > #### “(2) Reports > > Not later than June 30, 2016, and every other June 30 thereafter, the Secretary shall 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 that includes— > > > ##### “(A) > > an analysis of the overall effectiveness of the Program; > > > ##### “(B) > > an evaluation of any changes or trends in the data collected under paragraph (1); > > > ##### “(C) > > an evaluation of whether any aspects of the Program have the effect of discouraging or impeding insurers from providing commercial property casualty insurance coverage or coverage for acts of terrorism; > > > ##### “(D) > > an evaluation of the impact of the Program on workers’ compensation insurers; and > > > ##### “(E) > > in the case of the data reported in paragraph (1)(B), an updated estimate of the total amount earned since January 1, 2003. > > > #### “(3) Protection of data > > To the extent possible, the Secretary shall contract with an insurance statistical aggregator to collect the information described in paragraph (1), which shall keep any nonpublic information confidential and provide it to the Secretary in an aggregate form or in such other form or manner that does not permit identification of the insurer submitting such information. > > > #### “(4) Advance coordination > > Before collecting any data or information under paragraph
(1)from an insurer, or affiliate of an insurer, the Secretary shall coordinate with the appropriate State insurance regulatory authorities and any relevant government agency or publicly available sources to determine if the information to be collected is available from, and may be obtained in a timely manner by, individually or collectively, such entities. If the Secretary determines that such data or information is available, and may be obtained in a timely matter, from such entities, the Secretary shall obtain the data or information from such entities. If the Secretary determines that such data or information is not so available, the Secretary may collect such data or information from an insurer and affiliates. > > > #### “(5) Confidentiality > > > ##### “(A) Retention of privilege > > The submission of any non-publicly available data and information to the Secretary and the sharing of any non-publicly available data with or by the Secretary among other Federal agencies, the State insurance regulatory authorities, or any other entities under this subsection shall not constitute a waiver of, or otherwise affect, any privilege arising under Federal or State law (including the rules of any Federal or State court) to which the data or information is otherwise subject. > > > ##### “(B) Continued application of prior confidentiality agreements > > Any requirement under Federal or State law to the extent otherwise applicable, or any requirement pursuant to a written agreement in effect between the original source of any non-publicly available data or information and the source of such data or information to the Secretary, regarding the privacy or confidentiality of any data or information in the possession of the source to the Secretary, shall continue to apply to such data or information after the data or information has been provided pursuant to this subsection. > > > ##### “(C) Information-sharing agreement > > Any data or information obtained by the Secretary under this subsection may be made available to State insurance regulatory authorities, individually or collectively through an information-sharing agreement that— > > > ###### “(i) > > shall comply with applicable Federal law; and > > > ###### “(ii) > > shall not constitute a waiver of, or otherwise affect, any privilege under Federal or State law (including any privilege referred to in subparagraph
(A)and the rules of any Federal or State court) to which the data or information is otherwise subject. > > > ##### “(D) Agency disclosure requirements > > Section 552 of title 5, United States Code, including any exceptions thereunder, shall apply to any data or information submitted under this subsection to the Secretary by an insurer or affiliate of an insurer.” > .
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Sec. 111
REPORTING OF TERRORISM INSURANCE DATA
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