I 

118TH CONGRESS 

1ST SESSION H. R. 6376 

To require certain grant recipients of transit and highway transportation 

projects to establish and contribute to a business uninterrupted monetary 

program fund, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 13, 2023 

Mr. CORREA (for himself and Mr. SCHIFF) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure 

A BILL 

To require certain grant recipients of transit and highway 

transportation projects to establish and contribute to a 

business uninterrupted monetary program fund, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Business Uninter5 rupted Monetary Program Act of 2023’’. 

6 SEC. 2. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS. 

7 Section 5309 of title 49, United States Code, is 

8 amended by adding at the end the following: 


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1 ‘‘(s) BUSINESS UNINTERRUPTED MONETARY PRO2 GRAM FUND.— 

3 ‘‘(1) ESTABLISHMENT.—To be eligible for a 

4 grant under this section, a project sponsor or shall 

5 establish a fund to be known as a business uninter6 rupted monetary program fund (in this subsection 

7 referred to as a ‘BUMP Fund’). 

8 ‘‘(2) FUND REQUIREMENTS.—Amounts contrib9 uted to a BUMP Fund under this subsection— 

10 ‘‘(A) may count toward the non-Federal 

11 share of the cost of a project under such sec12 tion; and 

13 ‘‘(B) shall be provided to covered entities 

14 that are negatively impacted by an interruption 

15 caused by a project carried out with amounts 

16 made available under such grant. 

17 ‘‘(3) CONTRIBUTIONS TO THE FUND.— 

18 ‘‘(A) IN GENERAL.—The Secretary shall 

19 require that the project sponsor contribute an 

20 amount into a BUMP Fund that meets the fol21 lowing requirements: 

22 ‘‘(i) The amount required to be set 

23 aside shall not impact the total project cost 

24 or the total non-Federal match require25 ment of the project. 


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1 ‘‘(ii) Such amount shall reflect the 

2 funds necessary to fully carry out the re3 quirement described in paragraph (2)(B). 

4 ‘‘(iii) Such amount may not constitute 

5 an amount of the non-Federal cost share 

6 that would impede the project sponsor 

7 from carrying out the project. 

8 ‘‘(iv) Apply to projects with total cost 

9 equal or greater than $100 million. 

10 ‘‘(v) Such amount shall be determined 

11 by the local sponsor, so long as such 

12 amount— 

13 ‘‘(I) does not exceed 10 percent 

14 of the total non-Federal share; and 

15 ‘‘(II) reflects the estimated dam16 ages caused by the interruption. 

17 ‘‘(B) WAIVER.—The Secretary may waive 

18 or alter the percentage of the contribution 

19 amount required under subparagraph (A)— 

20 ‘‘(i) if the Secretary determines that 

21 the project sponsor has an equivalent pro22 gram established that is applicable to the 

23 project; 


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1 ‘‘(ii) the Secretary determines that 

2 there is no interruption that could occur 

3 with respect to a project; 

4 ‘‘(iii) the amount of Federal funding 

5 for the total cost of the project is less than 

6 10 percent of such cost; or 

7 ‘‘(iv) for any other reason the Sec8 retary determines appropriate. 

9 ‘‘(4) ELIGIBILITY FOR RECEIPT OF FUNDS.— 

10 The applicant, as part of the portion of the applica11 tion for a grant under this section that relates to the 

12 financial commitment of the applicant, shall provide 

13 information to the Secretary on how the project 

14 sponsor shall determine which covered entities are 

15 eligible to receive assistance from a BUMP Fund, 

16 including the following: 

17 ‘‘(A) Which covered entities are eligible to 

18 receive funding under the BUMP Fund. 

19 ‘‘(B) The terms for eligibility for amounts 

20 in a BUMP Fund. 

21 ‘‘(C) The process by which the local spon22 sor or project partner shall— 

23 ‘‘(i) determine the impact on covered 

24 entities; 


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1 ‘‘(ii) distribute the funds to covered 

2 entities; and 

3 ‘‘(iii) verify the information provided 

4 by covered entities. 

5 ‘‘(D) The total funding available per cov6 ered entity. 

7 ‘‘(E) The outreach plan for informing cov8 ered entities. 

9 ‘‘(F) Any other information the applicant 

10 determines is necessary. 

11 ‘‘(5) ELIGIBLE EXPENSES.— 

12 ‘‘(A) IN GENERAL.—Eligible expenses pro13 vided to a covered entity from a BUMP Fund 

14 may include, at the discretion of the project 

15 sponsor, the following: 

16 ‘‘(i) Utilities. 

17 ‘‘(ii) Insurance. 

18 ‘‘(iii) Rent or mortgage. 

19 ‘‘(iv) Payroll. 

20 ‘‘(v) Loss of income. 

21 ‘‘(vi) Any other expense the sponsor 

22 determines is consistent with the require23 ments of this section. 

24 ‘‘(B) INVALIDATION OF PAYMENT BY SEC25 RETARY.—The Secretary may disqualify an eliVerDate Sep 11 2014 00:38 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6376.IH H6376

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1 gible expense submitted by a project sponsor at 

2 the time such recipient submits its financial 

3 commitment if the Secretary determines such 

4 an expense is not consistent with the require5 ments of this section. 

6 ‘‘(6) COMBINED BUMP FUND.—For a project 

7 sponsor that has more than 2 projects running con8 currently, the project sponsor may maintain one 

9 BUMP Fund to cover all such projects. 

10 ‘‘(7) RETENTION OF FUNDS.—Funds set aside 

11 for the BUMP Fund shall remain available for a pe12 riod of 1 year after the completion of the project for 

13 which the BUMP Fund was established unless the 

14 project sponsor certifies to the Secretary that the 

15 funds are no longer needed. 

16 ‘‘(8) UNUSED FUNDS.—Any amounts deposited 

17 in a BUMP Fund that are not dispensed during the 

18 project may be available to the recipient for the fol19 lowing uses: 

20 ‘‘(A) Operating expenses for the project for 

21 which the BUMP Fund was established. 

22 ‘‘(B) Project enhancements or construction 

23 cost overruns for the project. 

24 ‘‘(C) Other projects eligible under this 

25 title, except that the amounts may not count toVerDate Sep 11 2014 00:38 Nov 29, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6376.IH H6376

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1 ward non-Federal matching funds of any other 

2 project. 

3 ‘‘(D) In any case in which the recipient 

4 does not manage the project, amounts may be 

5 returned to the grant recipient. 

6 ‘‘(E) For any other purpose approved by 

7 the Secretary. 

8 ‘‘(9) DERIVATION OF FUNDS FOR DEPOSIT INTO

9 BUMP FUND.—The funds dedicated to a BUMP 

10 Fund may be derived from— 

11 ‘‘(A) non-Federal funds, unless deposit of 

12 such non-Federal funds is prohibited by the 

13 terms of an agreement between the funding 

14 source and the project sponsor; or 

15 ‘‘(B) Federal funds, if approved by the 

16 Secretary. 

17 ‘‘(10) DEFINITIONS.—In this subsection: 

18 ‘‘(A) BUSINESS UNINTERRUPTED MONE19 TARY PROGRAM FUND; BUMP FUND.— The 

20 term ‘business uninterrupted monetary program 

21 fund’ or ‘BUMP Fund’ means a fund for the 

22 purpose of providing financial assistance to cov23 ered entities directly and negatively impacted by 

24 a transportation project funded by a grant 

25 under this section to reimburse such a covered 


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1 entity for expenses incurred during an interrup2 tion caused by such project. 

3 ‘‘(B) COVERED ENTITY.—The term ‘cov4 ered entity’ means a private business or non5 profit organization, as defined by the project 

6 sponsor. 

7 ‘‘(C) INTERRUPTION.—The term ‘interrup8 tion’ means an activity carried out as part of a 

9 project for which a grant is provided under this 

10 section that disrupts the activities of a covered 

11 entity and causes measurable negative impacts 

12 to the financial well-being of such entity. 

13 ‘‘(D) PROJECT SPONSOR.—The term 

14 ‘project sponsor’ means the sponsor of a 

15 project, or affiliated project partner, for which 

16 a grant is provided under this section.’’. 

17 SEC. 3. FEDERAL-AID HIGHWAY PROGRAM. 

18 (a) IN GENERAL.—Chapter 1 of title 23, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘§ 180. Business uninterrupted monetary program 

22 fund 

23 ‘‘(a) BUSINESS UNINTERRUPTED MONETARY PRO24 GRAM FUND.— 


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1 ‘‘(1) ESTABLISHMENT.—The Secretary shall re2 quire a recipient of Federal-aid highway funds under 

3 this title to establish a fund to be known as a busi4 ness uninterrupted monetary program fund (in this 

5 section referred to as a ‘Bump Fund’) as required 

6 under section 106(k). 

7 ‘‘(2) FUND REQUIREMENTS.—Amounts contrib8 uted to a BUMP Fund under this section— 

9 ‘‘(A) may count toward the non-Federal 

10 share of the cost of a covered project; and 

11 ‘‘(B) shall be provided to covered entities 

12 that are negatively impacted by an interruption 

13 cause by a covered project. 

14 ‘‘(3) CONTRIBUTIONS TO THE FUND.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 require that the project sponsor of a covered 

17 project contribute an amount into a BUMP 

18 Fund that meets the following requirements: 

19 ‘‘(i) The amount required to be set 

20 aside shall not impact the total non-Fed21 eral match requirement of the project. 

22 ‘‘(ii) Such amount shall reflect the 

23 funds necessary to fully carry out the re24 quirement described in paragraph (2)(B). 


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1 ‘‘(iii) Such amount may not constitute 

2 an amount of the non-Federal cost share 

3 that would impede the project sponsor 

4 from carrying out the project. 

5 ‘‘(iv) The amount allocated to the 

6 BUMP fund shall be determined by the 

7 local sponsor, so long as— 

8 ‘‘(I) the amount does not exceed 

9 25 percent of the total non-Federal 

10 share; and 

11 ‘‘(II) the amount reflects the es12 timated damages caused by the inter13 ruption. 

14 ‘‘(B) WAIVER.—The Secretary may waive 

15 or alter the percentage of the contribution 

16 amount required under subparagraph (A)— 

17 ‘‘(i) if the Secretary determines that 

18 the project sponsor has an equivalent pro19 gram established that is applicable to the 

20 project; 

21 ‘‘(ii) the Secretary determines that 

22 there is no interruption that could occur 

23 with respect to a project; 


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1 ‘‘(iii) the amount of Federal funding 

2 for the total cost of the project is less than 

3 10 percent of such cost; or 

4 ‘‘(iv) for any other reason the Sec5 retary determines appropriate. 

6 ‘‘(4) ELIGIBILITY FOR RECEIPT OF FUNDS.— 

7 An applicant for funds for a covered project, as part 

8 of the portion of the application that relates to the 

9 financial commitment of the applicant, shall provide 

10 information to the Secretary on the implementation 

11 of BUMP Fund including the following: 

12 ‘‘(A) Which covered entities are eligible to 

13 receive funding under the BUMP Fund. 

14 ‘‘(B) The terms for eligibility for amounts 

15 in a BUMP Fund. 

16 ‘‘(C) The process by which the local spon17 sor or project partner shall— 

18 ‘‘(i) determine the impact on covered 

19 entities; 

20 ‘‘(ii) distribute the funds to covered 

21 entities; and 

22 ‘‘(iii) verify the information provided 

23 by covered entities. 

24 ‘‘(D) The total funding available per cov25 ered entity. 


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1 ‘‘(E) The outreach plan for informing cov2 ered entities. 

3 ‘‘(F) Any other information the applicant 

4 determines is necessary. 

5 ‘‘(5) ELIGIBLE EXPENSES.— 

6 ‘‘(A) IN GENERAL.—Eligible expenses pro7 vided to a covered entity from a BUMP Fund 

8 may include, at the discretion of the project 

9 sponsor, the following: 

10 ‘‘(i) Utilities for the covered entity. 

11 ‘‘(ii) Insurance for the covered entity 

12 and employees of such entity. 

13 ‘‘(iii) Rent or mortgage payments. 

14 ‘‘(iv) Payroll expenses. 

15 ‘‘(v) Loss of income. 

16 ‘‘(vi) Any other expense the sponsor 

17 determines is consistent with the require18 ments of this section. 

19 ‘‘(B) INVALIDATION OF PAYMENT BY SEC20 RETARY.—The Secretary may disqualify an eli21 gible expense submitted by a project sponsor at 

22 the time such recipient submits its financial 

23 commitment if the Secretary determines such 

24 an expense is not consistent with the require25 ments of this section. 


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1 ‘‘(6) RETENTION OF FUNDS.—Funds set aside 

2 for the BUMP Fund shall remain available for a pe3 riod of 1 year after the completion of the project for 

4 which the BUMP Fund was established unless the 

5 project sponsor certifies to the Secretary that the 

6 funds are no longer needed. 

7 ‘‘(7) UNUSED FUNDS.—Any amounts deposited 

8 in a BUMP Funds that are not dispensed during 

9 the project may be available to the project sponsor 

10 for the following uses: 

11 ‘‘(A) Project enhancements, including non12 infrastructure project enhancements, or con13 struction cost overruns for the project. 

14 ‘‘(B) Environmental mitigation described 

15 under section 119(g) of title 23, United States 

16 Code. 

17 ‘‘(C) Other projects eligible under this 

18 title, except that the amounts may not count to19 ward non-Federal matching funds of any other 

20 project. 

21 ‘‘(D) In any case in which the project 

22 sponsor does not manage the project, amounts 

23 may be returned to the initial recipient of the 

24 Federal funds provided for the covered project. 


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1 ‘‘(E) For any other purpose approved by 

2 the Secretary. 

3 ‘‘(8) DERIVATION OF FUNDS FOR DEPOSIT INTO

4 BUMP FUND.—The funds dedicated to BUMP Fund 

5 may be derived from— 

6 ‘‘(A) a non-Federal source, consistent with 

7 the requirements of part 200 of title 2, Code of 

8 Federal Regulations, unless deposit of such 

9 non-Federal funds is prohibited by the terms of 

10 an agreement between the funding source and 

11 the project sponsor; or 

12 ‘‘(B) Federal funds, if approved by the 

13 Secretary. 

14 ‘‘(9) PROJECTS WITHOUT A NON-FEDERAL

15 SHARE.—For any covered project that is funded 

16 with 100 percent Federal funds, the Secretary shall 

17 determine, together with the project sponsor, an ap18 propriate amount of funding for the BUMP Fund. 

19 ‘‘(10) COMBINED BUMP FUND.—For a project 

20 sponsor that has more than 2 projects running con21 currently, the project sponsor may maintain one 

22 BUMP Fund to cover all such projects. 

23 ‘‘(b) DEFINITIONS.—In this section: 

24 ‘‘(1) BUSINESS UNINTERRUPTED MONETARY

25 PROGRAM FUND; BUMP FUND.— The term ‘business 


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1 uninterrupted monetary program fund’ or ‘BUMP 

2 Fund’ means a fund for the purpose of providing fi3 nancial assistance to covered entities directly and 

4 negatively impacted by covered project to reimburse 

5 such a covered entity for expenses incurred during 

6 an interruption caused by such project. 

7 ‘‘(2) COVERED ENTITY.—The term ‘covered en8 tity’ means a private business or nonprofit organiza9 tion, as defined by the project sponsor. 

10 ‘‘(3) COVERED PROJECT.—The term ‘covered 

11 project’ means any project carried out under this 

12 title that has a total cost of $50,000,000 or greater. 

13 ‘‘(4) INTERRUPTION.—The term ‘interruption’ 

14 means an activity carried out as part of a covered 

15 project that disrupts the activities of a covered enti16 ty and causes measurable negative impacts to the fi17 nancial well-being of such entity. 

18 ‘‘(5) PROJECT SPONSOR.—The term ‘project 

19 sponsor’ means the entity or affiliated project part20 ner carrying out a covered project.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 1 of title 23, United States Code, is amended by add23 ing at the end the following: 

‘‘180. Business uninterrupted monetary program fund.’’. 


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1 (c) PROJECT APPROVAL AND OVERSIGHT.—Section 

2 106 of title 23, United States Code, is amended by adding 

3 at the end the following: 

4 ‘‘(k) BUSINESS UNINTERRUPTED MONETARY PRO5 GRAM FUND.—A recipient of Federal financial assistance 

6 under this title for a project with an estimated total 

7 project cost of $50,000,000 or more shall establish a busi8 ness uninterrupted monetary program fund as described 

9 under section 180, and subject to the requirements of such 

10 section, to address financial impacts to companies that 

11 suffer financial burdens as a result of project construc12 tion.’’. 

13 SEC. 4. GRANTS FOR CERTAIN INTERRUPTIONS DUE TO 

14 FIXED GUIDEWAY CAPITAL INVESTMENT 

15 PROJECTS. 

16 (a) ESTABLISHMENT.—Not later than 270 days after 

17 the date of enactment of this Act, the Secretary of Trans18 portation shall establish a competitive grant program that 

19 provides a single round of grants to project sponsors to 

20 provide relief to covered entities as described in section 

21 5309(s) of title 49, United States Code, (as added by sec22 tion 2). 

23 (b) ELIGIBILITY.—A project sponsor is eligible for a 

24 grant under subsection (a) for any project— 


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1 (1) that meets the requirements of section 

2 5309(s) of title 49, United States Code; 

3 (2) for which construction began on or after 

4 October 1, 2018; and 

5 (3) that remains under construction as of June 

6 1, 2023. 

7 (c) FUNDING LIMITATIONS.—A grant provided under 

8 this section may not exceed $10,000,000. 

9 (d) UNUSED AMOUNTS.—Any funds not made avail10 able pursuant to this section shall be retained in the ac11 count to which the funds were appropriated and made 

12 available for any other purpose provided for by law. 

13 (e) DEFINITIONS.—The definitions in section 

14 5309(s)(9) of title 49, United States Code, shall apply to 

15 this section. 

16 SEC. 5. IMPLEMENTATION. 

17 The Secretary of Transportation shall implement the 

18 requirements of the amendments made by sections 2 and 

19 3 of this Act not later than 270 days after the date of 

20 enactment of this Act. 

Æ 


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