Federal Issues

WSIA closely monitors the work of federal legislators and regulators for issues that impact the surplus lines insurance industry. WSIA provides comments on legislation or regulations when appropriate and in the best interest of the WSIA membership.

Federal Definition of Private Flood Insurance

The Flood Insurance Market Parity and Modernization Act was first introduced in 2014 by Rep. Ross and then Congressman Patrick Murphy (D-FL) and Senators Heller and Tester in 2014 and again in 2015 and 2016. In 2017, Representative Kathy Castor (D-FL) replaced Rep. Murphy as a cosponsor with Mr. Ross after Mr. Murphy left Congress. Since 2014, the Association has strongly supported this legislation that will revise the federal definition of private flood insurance. Revisions are necessary to amend the current definition to ensure eligible surplus lines and other private insurers private market solutions and alternatives are available to consumers in need of unique and complex flood risks and that the policies are accepted by lenders.

WSIA works in coalition with other trade association to help Congress understand the importance of the changes proposed in the bill and that the changes are necessary to relieve the confusion caused by the Biggert-Waters Act of 2012 (BW12). BW12 encourages participation from the private market as an alternative or supplement to the NFIP, but the definitions used have created confusion and uncertainty for lenders accepting the products. The proposed legislation will incorporate NRRA-compliant language as part of the proposed revised definition and provide appropriate guidance to the lending community on the acceptance of private market flood insurance to fulfill the mandatory purchase requirement when an individual or company seeks a federally-backed mortgage.

Tied to this legislation is the reauthorization of the National Flood Insurance Program (NFIP), originally set to expire on September 30, 2017. On September 26th, Congress agreed to reauthorize the NFIP for 3 months, until December 8, 2017. The short-term reauthorization was done in conjunction with providing emergency aid to the states impacted by Hurricanes Harvey, Irma and Maria. Congress will once again take up the NFIP reauthorization before the short-term expiration, and they will certainly discuss including the private flood legislation as part of that package. WSIA continues to encourage the members of Congress to pass the legislation.

Timeline of Legislation

  • 2017: Flood legislation was quickly reintroduced in both chambers as H.R. 1422/S.563. On June 21, House Financial Services Committee passes H.R. 1422 as part of a broader package to address reform and reauthorization of the National Flood Insurance Program (NFIP), but the full House and Senate do not pass the legislative package. On September 28, the House adds H.R. 1422 to an unrelated bill to reauthorize the Federal Aviation Authority, but the Senate declines to approve the legislation with the private flood provision. On November 14, the House passes a comprehensive flood insurance package with a five-year reauthorization and reform of the NFIP, including the Ross-Castor private flood legislation. Action must be taken in the Senate prior to December 8, 2017 to address NFIP reauthorization. Supporters of this private flood provisions continue to urge the Senate to take immediate action for final approval of the Senate version, Heller-Tester.
  • 2016: WSIA legacy organization, NAPSLO, testified in support of H.R. 2901 before the House Financial Services Subcommittee on Housing and Insurance. On April 28, 2016 the U.S. House of Representatives passed H.R. 2901 on a 419-0 vote, after passing the House Financial Services Committee 53-0. Unfortunately, the legislation failed to move in the Senate before Congress adjourned.
  • 2014/ 2015: House and Senate discussions on proposed legislation do not ultimately lead to hearings or passage of the bill.
    Updated information on the progress of this legislation can be found in the WSIA Legislative Updates issued on a regular basis. To view these updates, check out the
    WSIA News page

Material Supporting Legislation

Foreign Account Tax Compliance Act (FATCA)

Surplus lines brokers and insurers’ compliance obligations related to the Foreign Account Tax Compliance Act (FATCA) took effect on July 1, 2014.  WSIA has compiled a number of helpful resources and updates related to FATCA reporting requirements. This page provides links and information that will help you as you develop your own compliance program. To learn more about FATCA we recommend starting with our Executive Summary and Legal Memorandum linked below.

Since FATCA was passed, WSIA and many other members of the P&C industry have asked for relief from FATCA reporting due to its unnecessary and burdensome application to our industry. Ultimately, FATCA is directed at foreign financial institutions and financial intermediaries and aims to prevent tax evasion by U.S. citizens, U.S. residents and corporations through the use of offshore accounts, but the application to the law cast a wide net, include groups like our industry that is not in a position to commit the type of tax evasion the law intended to curtail.

Legislative has twice been introduced in the House to eliminate the P&C industry’s requirement to report non-cash-value premiums under FATCA in H.R. 871 (2017) and H.R. 6159 (2016). Although no action has been taken on the legislation, work continues to educate Congress and the Treasury Department on the industry’s concerns in hopes of granting relief; however, until such time that legislation is passed or a regulation is issued providing the relief, industry members must continue to maintain FATCA compliance. 

WSIA Issued Resources

Helpful Resources

WSIA closely monitors developments related to FATCA. We encourage you to reach out to us with questions or concerns that we may be able to help you with or direct you to proper resources. WSIA FATCA contact: Keri Kish, Director of Government Relations, at keri@wsia.org.

National Association of Registered Agents and Brokers (NARAB II)

The National Association of Registered Agents and Brokers (NARAB II) was enacted as part of the Terrorism Risk Insurance Program Reauthorization Act of 2015. The Association strongly supported the creation of NARAB II and advocated for its passage with Congress because it will streamline agent and broker licensing for those operating on a multi-state basis. It creates a nonprofit board governed by a panel of state insurance regulators and industry representatives to create rigorous standards and ethical requirements with a goal of applying licensing, continuing education and nonresident insurance producer standards on a multi-state basis. With a focus on nonresident licensing, agents or brokers applying for a national license through NARAB will first be required to hold a current license in their home state, pass a national criminal background check and meet the criteria established by the Board, which shall include standards for personal qualifications, educational training and professional experience. 

The underlying NARAB legislation directed the President, with the advice and consent of the U.S. Senate, to appoint the 13 Board members (8 regulators and 5 industry members) 90 days from January 12, 2015. Unfortunately, the NARAB Board of Directors has yet to be appointed and therefore NARAB has yet to become operational. The former President issued 10 nominations but none of the nominees received hearings by the Senate prior to the expiration of the last Congress. Prior nominees may request reconsideration by the new administration; however, the administration may announce new nominees at its discretion for consideration by the Senate. Industry remains dedicated to NARAB and is hopeful that the President will take quick action to nominate board members in the near term. 

Once a quorum of the board is approved, it will first establish rules, requirements and procedures for membership, as well as a national licensing clearinghouse. For additional information about NARAB, visit WSIA's NARAB implementation resource

Terrorism Risk Insurance Program Reauthorization Act of 2015

On January 12, 2015 the Terrorism Risk Insurance Program Reauthorization Act of 2015 was enacted, reauthorizing the program for an additional six years (12/31/2020). Although the program expired on December 31, 2014 due to lack of action by Congress, the January reauthorization allowed for no gap in program coverage. Key changes to the TRIA program that began January 1, 2016 are:

  • Federal share reduces from current 85% to 80% (by 1% per year)
  • Program trigger increases from current $100M to $200M (by $20M per year)
  • Industry’s aggregate retention increases from current $27.5B to $37.5B (by $2B per year), and Treasury’s recoupment rate increases from 133% to 140% 

View a side-by-side comparison of expired TRIA program and the new Terrorism Risk Insurance Program Reauthorization Act of 2015.  

In March 2016, FIO issued a voluntary data call, which treated admitted and nonadmitted insurers consistently. In July 2016, the NAIC also issued a mandatory data call related to terrorism insurance. In 2017, both the NAIC and FIO issued mandatory data calls. Insurers should expect to respond to both state and federal TRIA data calls until otherwise advised by individual states or the federal government by regularly reviewing notices on the Department of Treasury’s FIO website or the National Association of Insurance Commissioner’s website.

TRIA Materials

  • NAIC Model Bulletin on Filing Procedures for Compliance with TRIA Program Reauthorization Act
  • U.S. Department of Treasury issued interim guidance concerning the TRIA Program Reauthorization Act. 
  • FIO reports: 2016, 2017
  • We recommend reviewing Department of Insurance websites annually for TRIA related bulletins to ensure you maintain appropriate compliance as it relates to your practice.

Additional Comment Letters

December 10, 2014 - Trade Association TRIA Support Letter
May 15, 2014 – NAPSLO Letter of Support for Insurance Data Protection Act
February 25, 2014 - NAPSLO Testimony before Senate Banking Committee on TRIA June 10, 2013 – NAPSLO Comments to FIO on Natural Catastrophes and Insurance
May 17 and February 27, 2013 – NAPSLO Letters to FHFA regarding Lender Placed Insurance
September 16, 2013 – NAPSLO Comments to FIO on TRIA
March 19, 2013 – NAPSLO Testimony to Senate Banking Committee on NARAB