Improvements to certification process

Section 102(1) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended— (1) in subparagraph (B)— (A) in clause (i), by striking or at the end; (B) in clause (ii), by striking exceed $5,000,000. and inserting: exceed— (I) with respect to an act that occurred in a year before 2029, $5,000,000; and (II) with respect to an act that occurred in 2029, or any year thereafter, $10,000,000; or; and (C) by adding at the end the following: (iii) the Secretary did not issue to the public a final determination to certify such act as an act of terrorism before the expiration of the applicable period described in subparagraph (D)(ii).; and (2) by striking subparagraph (D) and inserting the following: (D) Review and determinations (i) Notice of review (I) In general The Secretary shall, not later than 30 days after beginning the process of determining whether to certify an act as an act of terrorism, publish a notice in the Federal Register that informs the public that the Secretary is in the process of determining whether to certify the act as an act of terrorism. (II) Additional notice permitted The Secretary may, as the Secretary determines appropriate, notify the public, through publication in the Federal Register, or otherwise, that an act is not being evaluated by the Secretary to determine whether it should be certified as an act of terrorism. (ii) Period of review (I) In general Except as described in subclause (II), the Secretary shall conclude any process of determining whether to certify an act as an act of terrorism not later than 90 days after publishing a notice in the Federal Register under clause (i)(I). (II) Exception If, during the 90-day period following the publication of a notice in the Federal Register under clause (i)(I), the Secretary determines there is insufficient information available at that time to determine if an act is eligible for certification as an act of terrorism, the Secretary may, before the end of such 90-day period, extend the process of determining whether to certify an act as an act of terrorism for a period not to exceed 365 days following the date on which the damage attributable to such act occurred, as determined by the Secretary, and shall notify the public of any such extension. (iii) Issuance of final determination If the Secretary decides to certify an act as an act of terrorism, the Secretary shall, before the expiration of the period applicable under clause (ii), issue to the public a final determination that certifies such act as an act of terrorism and such determination shall be irrevocable. (iv) Rule of construction Nothing in this subparagraph may be construed to require to the Secretary to issue a final determination under clause (iii) about any act that the Secretary does not certify as an act of terrorism..

Section 102(1) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended— (1) in subparagraph (B)— (A) in clause (i), by striking or at the end; (B) in clause (ii), by striking exceed $5,000,000. and inserting: exceed— (I) with respect to an act that occurred in a year before 2029, $5,000,000; and (II) with respect to an act that occurred in 2029, or any year thereafter, $10,000,000; or; and (C) by adding at the end the following: (iii) the Secretary did not issue to the public a final determination to certify such act as an act of terrorism before the expiration of the applicable period described in subparagraph (D)(ii).; and (2) by striking subparagraph (D) and inserting the following: (D) Review and determinations (i) Notice of review (I) In general The Secretary shall, not later than 30 days after beginning the process of determining whether to certify an act as an act of terrorism, publish a notice in the Federal Register that informs the public that the Secretary is in the process of determining whether to certify the act as an act of terrorism. (II) Additional notice permitted The Secretary may, as the Secretary determines appropriate, notify the public, through publication in the Federal Register, or otherwise, that an act is not being evaluated by the Secretary to determine whether it should be certified as an act of terrorism. (ii) Period of review (I) In general Except as described in subclause (II), the Secretary shall conclude any process of determining whether to certify an act as an act of terrorism not later than 90 days after publishing a notice in the Federal Register under clause (i)(I). (II) Exception If, during the 90-day period following the publication of a notice in the Federal Register under clause (i)(I), the Secretary determines there is insufficient information available at that time to determine if an act is eligible for certification as an act of terrorism, the Secretary may, before the end of such 90-day period, extend the process of determining whether to certify an act as an act of terrorism for a period not to exceed 365 days following the date on which the damage attributable to such act occurred, as determined by the Secretary, and shall notify the public of any such extension. (iii) Issuance of final determination If the Secretary decides to certify an act as an act of terrorism, the Secretary shall, before the expiration of the period applicable under clause (ii), issue to the public a final determination that certifies such act as an act of terrorism and such determination shall be irrevocable. (iv) Rule of construction Nothing in this subparagraph may be construed to require to the Secretary to issue a final determination under clause (iii) about any act that the Secretary does not certify as an act of terrorism..