,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #fdig  ,,in ,,the ,,house ,,of  
,,representatives  ,april #ad1 #bjbj,mr4
 ,fitzpatrick 7for himself1 ,mr4        
,cisneros1 ,mr4 ,hurd of ,texas1 and    
,mr4 ,suozzi7 introduced the following  
bill2 which was referred to the         
,committee on ,financial ,services  ,a  
,,bill  ,to make available insurance    
coverage for business interruption      
losses due to national emergencies1 and 
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,never   
,again ,small ,business ,protection ,act
 of #bjbj4  #b4 ,required availability  
of coverage for business interruption   
losses due to national emergencies      
,effective only upon the publication of 
certification by the ,secretary of the  
,treasury pursuant to section #e and    
subject to sections #c and #d1 each     
insurer that offers or makes available  
business interruption insurance coverage
 shall make available1 to for-profit and
 nonprofit businesses and other         

entities1 optional additional coverage  
that-- 7#a7 covers solely losses that-- 
7,a7 result from business interruption  
due to any order1 by any officer or     
agency of the ,federal ,government or of
 any ,state or local government1        
requiring cessation of operations during
 a national emergency2 and  7,b7 occur  
in any area to which such national      
emergency applies and during the period 
of such application2 and  7#b7 covers   
such losses for a continuous period that
 begins upon the declaration of the     
national emergency and is not shorter   
than #cj days4  #c4 ,limitation         
,coverage provided pursuant to section  
#b shall not cover any losses of any    
insured business which has1 during the  
period that the national emergency is in
 effect-- 7#a7 involuntarily terminated 
the employment of any employee of the   
insured business2 or  7#b7 terminated   
the health care insurance coverage1 if  
provided1 for any employee of the       
insured business4  #d4 ,treatment of    

exclusions ,a contract for business     
interruption insurance coverage may     
exclude coverage for business           
interruptions resulting from national   
emergencies only if-- 7#a7 the insurer  
has received a written statement from   
the insured that affirmatively          
authorizes such exclusion2 or  7#b7 the 
insured fails to pay any premium charged
 by the insurer for providing such      
coverage4  #e4 ,study regarding         
establishment of ,federal backstop ,the 
,federal ,advisory ,committee on        
,insurance established by the ,secretary
 of the ,treasury pursuant to section   
#cac7;h7 of title #ca1 ,united ,states  
,code1 shall conduct a study regarding  
the effectiveness and efficiency of     
using a ,federal backstop mechanism1    
private equity pools1 risk assessments1 
and market pricing to reinsure insurers 
for excessive losses under coverage made
 available pursuant to section #b of    
this ,act4 ,the ,committee shall submit 
to the ,congress a report setting forth 

the findings of the study not later than
 the expiration of the #ahj-;day period 
beginning on the date of the enactment  
of this ,act4  #f4 ,effective date ,upon
 a determination that there is in effect
 a ,federal backstop mechanism to       
reinsure insurers for excessive losses  
under coverage made available pursuant  
to section #b of this ,act1 the         
,secretary of the ,treasury shall issue 
a certification that such mechanism is  
in place1 and cause such certification  
to be published in the ,federal         
,register4  #g4 ,definitions ,for       
purposes of this section1 the following 
definitions shall apply3 7#a7 ,business 
interruption insurance coverage ,the    
term business interruption insurance    
coverage means property and casualty    
insurance coverage provided or made     
available for losses resulting from     
periods of suspended business           
operations1 whether provided under      
broader coverage or separately4  7#b7   
,insurer ,the term insurer has the      

meaning given such term in section #ajb 
of the ,terrorism ,risk ,insurance ,act 
of #bjjb 7#ae ,u4,s4,c4 #fgja note74    
7#c7 ,national emergency ,the term      
national emergency means any-- 7,a7     
emergency or disaster declared by the   
,president pursuant to the ,robert ,t4  
,stafford ,disaster ,relief and         
,emergency ,assistance ,act 7#db        
,u4,s4,c4 #eaba et seq472 or  7,b7      
public health emergency declared by the 
,secretary of ,health and ,human        
,services pursuant to section #cai of   
the ,public ,health ,service ,act 7#db  
,u4,s4,c4 #bdg;d74