---
kind: "section"
citation: "31 C.F.R. § 50.92"
title: "31"
number: "50.92"
heading: "Establishment of Federal terrorism policy surcharge."
url: "https://uscodex.org/cfr/31/50.92"
---

# §50.92. Establishment of Federal terrorism policy surcharge.

- (a) Treasury will establish the Federal terrorism policy surcharge based on the following factors and considerations:
  - (1) In the case of a mandatory recoupment amount, the requirement to collect 140 percent of that amount;
  - (2) The total dollar amount to be recouped as a percentage of the latest available annual aggregate industry direct written premium information;
  - (3) The adjustment factors for terrorism loss risk-spreading premiums described in section 103(e)(8)(D) of the Act;
  - (4) The annual 3 percent limitation on terrorism loss risk-spreading premiums collected on a discretionary basis as provided in section 103(e)(8)(C) of the Act;
  - (5) A preferred minimum initial assessment period of one full year and subsequent extension periods in full year increments;
  - (6) The collection timing requirements of section 103(e)(8)(E) of the Act;
  - (7) The likelihood that the amount of the Federal terrorism policy surcharge may result in the collection of an aggregate recoupment amount in excess of the planned recoupment amount; and
  - (8) **Such other factors as the Secretary considers appropriate to take into account.**
- (b) The Federal terrorism policy surcharge shall be the obligation of the policyholder and is payable to the insurer with the premium for a property and casualty insurance policy in effect during the assessment period established by Treasury. See [§ 50.94(c)](/cfr/31/50.94.md?p=c).

## Notes

### Authority

Authority: 5 U.S.C. 301; 31 U.S.C. 321; Title I, Pub. L. 107-297, 116 Stat. 2322, as amended by Pub. L. 109-144, 119 Stat. 2660, Pub. L. 110-160, 121 Stat. 1839, Pub. L. 114-1, 129 Stat. 3, and Pub. L. 116-94, 133 Stat. 2534 (15 U.S.C. 6701 note); Pub. L. 114-74, 129 Stat. 601, Title VII (28 U.S.C. 2461 note).

### Source

Source: 81 FR 93765, Dec. 21, 2016, unless otherwise noted.