I 
115TH CONGRESS 
2D SESSION 
H. R. 6292 
To amend the Liability Risk Retention Act of 1986 to expand the types 
of commercial insurance authorized for risk retention groups serving 
nonprofit organizations, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2018 
Mr. ROSS (for himself, Mr. POSEY, Mr. MACARTHUR, and Mrs. LOVE) intro-
duced the following bill; which was referred to the Committee on Finan-
cial Services 
A BILL 
To amend the Liability Risk Retention Act of 1986 to ex-
pand the types of commercial insurance authorized for 
risk retention groups serving nonprofit organizations, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nonprofit Property 
Protection Act’’. 
SEC. 2. COMMERCIAL INSURANCE. 
The Liability Risk Retention Act of 1986 is amend-
ed— 
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(1) in section 2(a) (15 U.S.C. 3901(a))— 
(A) in paragraph (6), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (7)(B), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(8) ‘commercial insurance’ includes all forms 
of commercial insurance, except that such term does 
not include health, life, or disability insurance or 
workers compensation insurance.’’; 
(2) in section 3(b) (15 U.S.C. 3902(b))— 
(A) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(4) subject to subsection (i) of this section, the 
provision of other lines of commercial insurance by 
a risk retention group to an organization organized 
and operated exclusively for purposes identified 
under section 501(c)(3) of the Internal Revenue 
Code of 1986 (26 U.S.C. 501(c)(3)), provided 
that— 
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‘‘(A) the risk retention group serves non-
profit organizations with tax-exempt status 
under section 501(c)(3) of the Internal Revenue 
Code of 1986 (26 U.S.C. 501(c)(3)); 
‘‘(B) the risk retention group has been 
chartered or licensed as an insurance company 
under the laws of a State and authorized to en-
gage in the business of insurance under the 
laws of such State; 
‘‘(C) the risk retention group has engaged 
in the business of insurance pursuant to the 
charter or license and authority described in 
subparagraph (B) for a period not less than ten 
consecutive years; 
‘‘(D) the risk retention group maintains 
capital and surplus of at least $10,000,000, as 
calculated in accordance with accounting prin-
ciples generally accepted in the United States; 
and 
‘‘(E) the total insured value of the risks 
covered by the initial policy for other forms of 
commercial insurance provided by a risk reten-
tion group to any one member of the risk reten-
tion group does not exceed $50,000,000, pro-
vided further that— 
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‘‘(i) the amount specified in this para-
graph shall, beginning one year after the 
date of the enactment of the Nonprofit 
Property Protection Act and on an annual 
basis thereafter, be adjusted by a percent-
age equal to the estimated percentage in-
crease, if any, in the Consumer Price 
Index, which adjustment shall be subject to 
approval by the risk retention group’s 
domicile state regulator; and 
‘‘(ii) for purposes of this paragraph, 
any computation of total insured value 
shall exclude liability insurance coverage 
provided by a risk retention group to any 
member as authorized pursuant to this 
Act.’’; and 
(3) in section 3 (15 U.S.C. 3902), by adding at 
the end the following new subsection: 
‘‘(i) STATE AUTHORITY TO RESTRICT FORMS OF 
COMMERCIAL INSURANCE OTHER THAN LIABILITY.— 
‘‘(1) REQUIREMENTS FOR RESTRICTION.—Sub-
ject to paragraph (2), a risk retention group may 
not commence offering forms of commercial insur-
ance other than liability in a State if the insurance 
regulatory authority for such State makes publicly 
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tinue to write commercial insurance pursuant to 
subsection (b)(4). 
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘nonprofit organization’ means an 
organization with tax-exempt status under section 
501(c)(3) of the Internal Revenue Code of 1986 (26 
U.S.C. 501(c)(3)).’’. 
SEC. 3. CONFORMING AND CLARIFYING AMENDMENTS. 
The Liability Risk Retention Act of 1986 is further 
amended— 
(1) in section 2(a)(4) (15 U.S.C. 3901(a)(4))— 
(A) in subparagraph (C)(i), by striking ‘‘a 
liability’’ and inserting ‘‘an’’; and 
(B) in subparagraph (G)— 
(i) in clause (i), by inserting ‘‘or other 
commercial’’ after ‘‘liability’’ each place 
such term appears; and 
(ii) in clause (ii), by inserting ‘‘or 
other commercial’’ after ‘‘liability’’; 
(2) in section 3 (15 U.S.C. 3902)— 
(A) in subsection (a)(1)(C), by inserting 
‘‘or other commercial’’ after ‘‘liability’’; and 
(B) in subsection (d)(1)(B), by inserting 
‘‘or other commercial’’ after ‘‘liability’’; and 
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(3) in section 6(b) (15 U.S.C. 3905(b)), by in-
serting ‘‘or other forms of commercial’’ before ‘‘in-
surance by a risk retention group’’. 
SEC. 4. AMENDMENT TO SHORT TITLE. 
Section 1 of the Liability Risk Retention Act of 1986 
(15 U.S.C. 3901 note) is amended by striking ‘‘Liability 
Risk Retention Act of 1986’’ and inserting ‘‘Risk Reten-
tion Act of 1986’’. 
Æ 
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