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SUPPORTING THE REAUTHORIZATION OF A FEDERAL TERRORISM INSURANCE
PROGRAM
WHEREAS, following the terrorist acts in 2001, a pervasive
uncertainty in the insurance markets occurred regarding
potential liability associated with future terrorist attacks and
the threat posed by potential acts of terrorism; and
WHEREAS, the threat of terrorist attacks has not diminished nor
can it be expected to in the immediate future; and
WHEREAS, the primary insurance market has not yet fully
recovered after the attacks of September 11th and primary
insurance coverage for a chemical, biological or dirty bomb
attacks remains unavailable; and
WHEREAS, a significant percentage of the outstanding commercial
real estate debt on shopping center, tourist attractions,
infrastructure and transportation facilities, or office
buildings in communities all across the United States is
required to have terrorism insurance as part of their mortgages;
and
WHEREAS, an inadequate supply of terrorism insurance reduces the
availability of loan capital for commercial real estate,
increases borrowing costs, and undermines economic growth,
including employment in the construction and real estate
sectors; and
WHEREAS, the U.S. Conference of Mayors at its 2002 Annual
Meeting held in Madison, Wisconsin, adopted a resolution urging
Congress and the Administration to pass legislation to provide
federal help insuring against a catastrophic terrorist attack in
the future; and
WHEREAS, Congress acted in November 2002 by enacting the
Terrorism Risk Insurance Act; and
WHEREAS, on May 21, 2004, the U.S. Conference of Mayors sent a
letter to the Treasury Secretary urging the extension of the
“make available” provision of the Terrorism Risk Insurance Act
upon which the Secretary acted favorably and extended that
provision so that insurers were required to continue to provide
terrorism coverage for commercial real estate on par with
coverage for other perils; and
WHEREAS, the federal terrorism insurance program mandated by the
Terrorism Risk Insurance Act is set to expire on December 31,
2005, unless it is extended by Congress; and
WHEREAS, the expiration of and uncertainty created in the
commercial real estate market by the possibility that federal
terrorism insurance program will expire at the end of the year,
is creating the threat that the record volume of commercial real
estate financing in 2005, will have undue risk and exposure
since volumes are outpacing the terrorism insurance capacity;
and
WHEREAS, Congress is now considering legislation to extend
and/or make permanent the federal terrorism insurance program,
NOW, THEREFORE, BE IT RESOLVED, that the U.S. Conference of
Mayors reaffirms its support for the continuation of a federal
terrorism insurance program; and
BE IT FURTHER RESOLVED, that the U.S. Conference of Mayors calls
upon Congress to act expeditiously on legislation to extend
and/or make permanent the federal terrorism insurance program
prior to its expiration.
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