2001 Ron Paul 99:1
Mr. Speaker, no one
doubts that the
government has a role to play in compensating American citizens who are
victimized by terrorist attacks. However, Congress should not lose
sight of fundamental economic and constitutional principles when
considering how best to provide the victims of terrorist attacks just
compensation. I am afraid that HR 3210, the Terrorism Risk Protection
Act, violates several of those principles and therefore passage of this
bill is not in the best interests of the American people.
2001 Ron Paul 99:2
Under HR 3210,
taxpayers are responsible
for paying 90% of the costs of a terrorist incident when the total cost
of that incident exceeds a certain threshold. While insurance companies
technically are responsible under the bill for paying back monies
received from the Treasury, the administrator of this program may defer
repayment of the majority of the subsidy in order to "avoid the likely
insolvency of the commercial insurer," or avoid "unreasonable economic
disruption and market instability." This language may cause
administrators to defer indefinitely the repayment of the loans, thus
causing taxpayers to permanently bear the loss. This scenario is
especially likely when one considers that terms such as "likely
insolvency," "unreasonable economic disruption", and "market
instability" are highly subjective, and that any administrator who
attempts to enforce a strict repayment schedule likely will come under
heavy political pressure to be more "flexible" in collecting debts owed
to the taxpayers.
2001 Ron Paul 99:3
The drafters of HR 3210
claim that this
creates a temporary government program. However, Mr. Speaker, what
happens in three years if industry lobbyists come to Capitol Hill to
explain that there is still a need for this program because of the
continuing threat of terrorist attacks? Does anyone seriously believe
that Congress will refuse to reauthorize this "temporary" insurance
program or provide some other form of taxpayer help to the insurance
industry? I would like to remind my colleagues that the federal budget
is full of expenditures for long-lasting programs that were originally
intended to be temporary.
2001 Ron Paul 99:4
HR 3210 compounds the
danger to taxpayers
because of what economists call the "moral hazard" problem. A moral
hazard is created when individuals have the costs incurred from a risky
action subsidized by a third party. In such a case individuals may
engage in unnecessary risks or fail to take steps to minimize their
risks. After all, if a third party will bear the costs of negative
consequences of risky behavior, why should individuals invest their
resources in avoiding or minimizing risk?
2001 Ron Paul 99:5
While no one can plan for terrorist
attacks, individuals and businesses can take steps to enhance security.
For example, I think we would all agree that industrial plants in the
United States enjoy reasonably good security. They are protected not by
the local police, but by owners putting up barbed wire fences, hiring
guards with guns, and requiring identification cards to enter. One
reason private firms put these security measures in place is because
insurance companies provide them with incentives, in the form of lower
premiums, to adopt security measures. HR 3210 contains no incentives
for this private activity. The bill does not even recognize the
important role insurance plays in providing incentives to minimize
risks. By removing an incentive for private parties to avoid or at
least mitigate the damage from a future terrorist attack, the
government inadvertently increases the damage that will be inflicted by
future attacks!
2001 Ron Paul 99:6
Instead of forcing taxpayers to subsidize
the costs of terrorism insurance, Congress should consider creating a
tax credit or deduction for premiums paid for terrorism insurance, as
well as a deduction for claims and other costs borne by the insurance
industry connected with offering terrorism insurance. A tax credit
approach reduces governments control over the insurance market.
Furthermore, since a tax credit approach encourages people to devote
more of their own resources to terrorism insurance, the moral hazard
problems associated with federally-funded insurance are avoided.
2001 Ron Paul 99:7
The version of HR 3210
passed by the
Financial Services committee took a good first step in this direction
by repealing the tax penalty which prevents insurance companies from
properly reserving funds for human-created catastrophes. I am
disappointed that this sensible provision was removed from the final
bill. Instead, HR 3210 instructs the Treasury department to study the
benefits of allowing insurers to establish tax-free reserves to cover
losses from terrorist events. The perceived need to study the wisdom of
cutting taxes while expanding the federal government without hesitation
demonstrates much that is wrong with Washington.
2001 Ron Paul 99:8
In conclusion, Mr.
Speaker, HR 3210 may
reduce the risk to insurance companies from future losses, but it
increases the costs incurred by American taxpayers. More significantly,
by ignoring the moral hazard problem this bill may have the unintended
consequence of increasing the losses suffered in any future terrorist
attacks. Therefore, passage of this bill is not in the long-term
interests of the American people.
This chapter appeared in Ron Pauls Congressional website at http://www.house.gov/paul/congrec/congrec2001/cr113001.htm