2007 Ron Paul 89:1
Mr. PAUL. Mr. Chairman, six years ago, when the Congress considered the bill creating
the terrorism insurance program, I urged
my colleagues to reject it. One of the reasons
I opposed the bill was my concern that, contrary
to the claims of the bills supporters, terrorism
insurance would not be allowed to sunset.
As I said then:
2007 Ron Paul 89:2
The drafters of H.R. 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.
2007 Ron Paul 89:3
I am disappointed to be proven correct. I am also skeptical that, having renewed the program
twice, this time for fifteen years, Congress
will ever allow it to expire.
2007 Ron Paul 89:4
As Congress considers extending this program, I renew my opposition to it for substantially
the same reasons I stated six years ago.
However, I do have a suggestion on how to
improve the program. Since one claimed problem
with allowing the private market to provide
terrorism insurance is the difficulty of quantifying
the risk of an attack, the taxpayers liability
under the terrorism reinsurance program
should be reduced for an attack occurring
when the country is under orange or red alert.
After all, because the point of the alert system
is to let Americans know when there is an increased
likelihood of an attack it is reasonable
to expect insurance companies to demand
that their clients take extra precautionary
measures during periods of high alert. Reducing
taxpayer subsidies will provide an incentive
to ensure private parties take every possible
precaution to minimize the potential damage
from possible terrorists attack.
2007 Ron Paul 89:5
Since my fundamental objections to the program remain the same as six years ago, I am
attaching my statement regarding H.R. 3210,
which created the terrorist insurance program
in the 107th Congress:
2007 Ron Paul 89:6
Mr. Chairman, 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 H.R. 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.
2007 Ron Paul 89:7
Under H.R. 3210, taxpayers are responsible for paying 90 percent 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 avoid . . . likely insolvency,
unreasonable economic disruption,
and market instability are highly subjective
standards, 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.
2007 Ron Paul 89:8
The drafters of H.R. 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.
2007 Ron Paul 89:9
H.R. 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?
2007 Ron Paul 89:10
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. H.R. 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!
2007 Ron Paul 89:11
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 is avoided.
2007 Ron Paul 89:12
The version of H.R. 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, H.R. 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.
2007 Ron Paul 89:13
In conclusion, Mr. Chairman, H.R. 3210 may reduce the risk to insurance companies from
future losses, but it increases the costs incurred
by the American taxpayer. 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.