I 
109TH CONGRESS 
1ST SESSION H. R. 4314 
To extend the applicability of the Terrorism Risk Insurance Act of 2002. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 14, 2005 
Mr. BAKER (for himself, Mr. OXLEY, Mrs. KELLY, Ms. PRYCE of Ohio, Mr. 
SESSIONS, Mr. FERGUSON, Mr. RENZI, Mr. FOSSELLA, and Mr. DAVIS 
of Kentucky) introduced the following bill; which was referred to the 
Committee on Financial Services 
A BILL 
To extend the applicability of the Terrorism Risk Insurance 
Act of 2002. 
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 ‘‘Terrorism Risk Insur-
ance Revision Act of 2005’’. 
SEC. 2. EXTENSION OF PROGRAM AND PROGRAM CHANGES. 
(a) IN GENERAL.—Title I of the Terrorism Risk In-
surance Act of 2002 (15 U.S.C. 6701 note) is amended— 
(1) by striking sections 102 through 106 and 
inserting the following new sections:
‘‘SEC. 102. DEFINITIONS. 
‘‘In this title, the following definitions shall apply: 
‘‘(1) ACT OF TERRORISM.— 
‘‘(A) CERTIFICATION.—The term ‘act of 
terrorism’ means any act that is certified by the 
Secretary, in concurrence with the Secretary of 
State, and the Attorney General of the United 
States— 
‘‘(i) to be an act of terrorism; 
‘‘(ii) to be a violent act or an act that 
is dangerous to— 
‘‘(I) human life; 
‘‘(II) property; or 
‘‘(III) infrastructure; 
‘‘(iii) to have resulted in damage with-
in the United States, or outside of the 
United States in the case of— 
‘‘(I) an air carrier or vessel de-
scribed in paragraph (5)(B); or 
‘‘(II) the premises of a United 
States mission; and 
‘‘(iv) to have been committed by an 
individual or individuals as part of an ef-
fort to coerce the civilian population of the 
United States or to influence the policy or
affect the conduct of the United States 
Government by coercion. 
‘‘(B) LIMITATION.—No act shall be cer-
tified by the Secretary as an act of terrorism if 
the act is committed as part of the course of a 
war declared by the Congress, except that this 
clause shall not apply with respect to any cov-
erage for workers’ compensation or group life 
coverage. 
‘‘(C) DETERMINATIONS FINAL.—Any cer-
tification of, or determination not to certify, an 
act as an act of terrorism under this paragraph 
shall be final, and shall not be subject to judi-
cial review. 
‘‘(D) NONDELEGATION.—The Secretary 
may not delegate or designate to any other offi-
cer, employee, or person, any determination 
under this paragraph of whether, during the ef-
fective period of the Program, an act of ter-
rorism has occurred. 
‘‘(2) AFFILIATE.—The term ‘affiliate’ means, 
with respect to an insurer, any insurer that owns, is 
owned by, or is under common ownership with an-
other insurer.
‘‘(3) CASUALTY
INSURANCE.—The term ‘cas-
ualty insurance’ means— 
‘‘(A) insurance, including excess insurance 
and surety insurance, against legal liability for 
losses caused by the death, injury, or disability 
of any person or for damage to property, with 
provision for medical, hospital and surgical ben-
efits to the injured persons; and 
‘‘(B) for the purposes of this Act, does not 
include any type of commercial automobile or 
workers’ compensation insurance. 
‘‘(4) COVERED LINE OF INSURANCE.—The term 
‘covered line of insurance’ means— 
‘‘(A) commercial property insurance, com-
mercial casualty insurance, workers’ compensa-
tion insurance and group life insurance; and 
‘‘(B) does not include— 
‘‘(i) Federal crop insurance issued or 
reinsured under the Federal Crop Insur-
ance Act (7 U.S.C. 1501 et seq.), or any 
other type of crop or livestock insurance 
that is privately issued or reinsured; 
‘‘(ii) private mortgage insurance (as 
that term is defined in section 2 of the
Homeowners Protection Act of 1998 (12 
U.S.C. 4901)) or title insurance; 
‘‘(iii) financial guaranty insurance 
issued by monoline financial guaranty in-
surance corporations; 
‘‘(iv) insurance for medical mal-
practice; 
‘‘(v) health or life insurance, except 
group life insurance; 
‘‘(vi) flood insurance provided under 
the National Flood Insurance Act of 1968 
(42 U.S.C. 4001 et seq.); 
‘‘(vii) reinsurance or retrocessional re-
insurance; or 
‘‘(viii) commercial automobile insur-
ance. 
‘‘(5) DIRECT EARNED PREMIUM.—The term ‘di-
rect earned premium’ means a direct earned pre-
mium for commercial property, commercial casualty, 
workers’ compensation, or group life insurance 
issued by any insurer for insurance against losses 
occurring at the locations described in subpara-
graphs (A) and (B) of paragraph (10). 
‘‘(6) EXEMPT COMMERCIAL PURCHASER.—The 
term ‘exempt commercial purchaser’ means any per-