Page:United States Statutes at Large Volume 116 Part 3.djvu/732

 116 STAT. 2324 PUBLIC LAW 107-297—NOV. 26, 2002 (iii) to have resulted in damage within the United States, or outside of the United States in the case of— (I) an air carrier or vessel described in paragraph (5)(B); or (II) the premises of a United States mission; and (iv) to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. (B) LIMITATION.—No act shall be certified by the Secretary as an act of terrorism if— (i) the act is committed as part of the course of a war declared by the Congress, except that this clause shall not apply with respect to any coverage for workers' compensation; or (ii) property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. (C) DETERMINATIONS FINAL.—Any certification of, or determination not to certify, an act as an act of terrorism under this paragraph shall be final, and shall not be subject to judicial review. (D) NONDELEGATION. — The Secretary may not delegate or designate to any other officer, employee, or person, any determination under this paragraph of whether, during the effective period of the Program, an act of terrorism has occurred. (2) AFFILIATE. —The term "affiliate" means, with respect to an insurer, any entity that controls, is controlled by, or is under common control with the insurer. (3) CONTROL.— An entity has "control" over another entity, if— (A) the entity directly or indirectly or acting through 1 or more other persons owns, controls, or has power to vote 25 percent or more of any class of voting securities of the other entity; (B) the entity controls in any manner the election of a majority of the directors or trustees of the other entity; or (C) the Secretary determines, after notice and opportunity for hearing, that the entity directly or indirectly exercises a controlling influence over the management or policies of the other entity. (4) DIRECT EARNED PREMIUM. —The term "direct earned premium" means a direct earned premium for property and casualty insurance issued by any insurer for insurance against losses occurring at the locations described in subparagraphs (A) and (B) of paragraph (5). (5) INSURED LOSS.— The term "insured loss" means any loss resulting from an act of terrorism (including an act of war, in the case of workers' compensation) that is covered by primary or excess property and casualty insurance issued by an insurer if such loss—

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