ward non-Federal matching funds of any other 
project. 
‘‘(D) In any case in which the recipient 
does not manage the project, amounts may be 
returned to the grant recipient. 
‘‘(E) For any other purpose approved by 
the Secretary. 
‘‘(9) DERIVATION OF FUNDS FOR DEPOSIT INTO 
BUMP
FUND.—The funds dedicated to a BUMP 
Fund may be derived from— 
‘‘(A) non-Federal funds, unless deposit of 
such non-Federal funds is prohibited by the 
terms of an agreement between the funding 
source and the project sponsor; or 
‘‘(B) Federal funds, if approved by the 
Secretary. 
‘‘(10) DEFINITIONS.—In this subsection: 
‘‘(A) BUSINESS
UNINTERRUPTED
MONE-
TARY PROGRAM FUND; BUMP FUND.—The term 
‘business 
uninterrupted 
monetary 
program 
fund’ or ‘BUMP Fund’ means a fund for the 
purpose of providing financial assistance to cov-
ered entities directly and negatively impacted by 
a transportation project funded by a grant 
under this section to reimburse such a covered 
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entity for expenses incurred during an interrup-
tion caused by such project. 
‘‘(B) COVERED ENTITY.—The term ‘cov-
ered entity’ means a private business or non-
profit organization, as defined by the project 
sponsor. 
‘‘(C) INTERRUPTION.—The term ‘interrup-
tion’ means an activity carried out as part of a 
project for which a grant is provided under this 
section that disrupts the activities of a covered 
entity and causes measurable negative impacts 
to the financial well-being of such entity. 
‘‘(D) 
PROJECT
SPONSOR.—The 
term 
‘project sponsor’ means the sponsor of a 
project, or affiliated project partner, for which 
a grant is provided under this section.’’. 
SEC. 3. FEDERAL-AID HIGHWAY PROGRAM. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 180. Business uninterrupted monetary program 
fund 
‘‘(a) BUSINESS UNINTERRUPTED MONETARY PRO-
GRAM FUND.— 
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‘‘(1) ESTABLISHMENT.—The Secretary shall re-
quire a recipient of Federal-aid highway funds under 
this title to establish a fund to be known as a busi-
ness uninterrupted monetary program fund (in this 
section referred to as a ‘Bump Fund’) as required 
under section 106(k). 
‘‘(2) FUND REQUIREMENTS.—Amounts contrib-
uted to a BUMP Fund under this section— 
‘‘(A) may count toward the non-Federal 
share of the cost of a covered project; and 
‘‘(B) shall be provided to covered entities 
that are negatively impacted by an interruption 
cause by a covered project. 
‘‘(3) CONTRIBUTIONS TO THE FUND.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
require that the project sponsor of a covered 
project contribute an amount into a BUMP 
Fund that meets the following requirements: 
‘‘(i) The amount required to be set 
aside shall not impact the total non-Fed-
eral match requirement of the project. 
‘‘(ii) Such amount shall reflect the 
funds necessary to fully carry out the re-
quirement described in paragraph (2)(B). 
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‘‘(iii) Such amount may not constitute 
an amount of the non-Federal cost share 
that would impede the project sponsor 
from carrying out the project. 
‘‘(iv) The amount allocated to the 
BUMP fund shall be determined by the 
local sponsor, so long as— 
‘‘(I) the amount does not exceed 
25 percent of the total non-Federal 
share; and 
‘‘(II) the amount reflects the es-
timated damages caused by the inter-
ruption. 
‘‘(B) WAIVER.—The Secretary may waive 
or alter the percentage of the contribution 
amount required under subparagraph (A)— 
‘‘(i) if the Secretary determines that 
the project sponsor has an equivalent pro-
gram established that is applicable to the 
project; 
‘‘(ii) the Secretary determines that 
there is no interruption that could occur 
with respect to a project; 
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‘‘(iii) the amount of Federal funding 
for the total cost of the project is less than 
10 percent of such cost; or 
‘‘(iv) for any other reason the Sec-
retary determines appropriate. 
‘‘(4) ELIGIBILITY FOR RECEIPT OF FUNDS.— 
An applicant for funds for a covered project, as part 
of the portion of the application that relates to the 
financial commitment of the applicant, shall provide 
information to the Secretary on the implementation 
of BUMP Fund including the following: 
‘‘(A) Which covered entities are eligible to 
receive funding under the BUMP Fund. 
‘‘(B) The terms for eligibility for amounts 
in a BUMP Fund. 
‘‘(C) The process by which the local spon-
sor or project partner shall— 
‘‘(i) determine the impact on covered 
entities; 
‘‘(ii) distribute the funds to covered 
entities; and 
‘‘(iii) verify the information provided 
by covered entities. 
‘‘(D) The total funding available per cov-
ered entity. 
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‘‘(E) The outreach plan for informing cov-
ered entities. 
‘‘(F) Any other information the applicant 
determines is necessary. 
‘‘(5) ELIGIBLE EXPENSES.— 
‘‘(A) IN GENERAL.—Eligible expenses pro-
vided to a covered entity from a BUMP Fund 
may include, at the discretion of the project 
sponsor, the following: 
‘‘(i) Utilities for the covered entity. 
‘‘(ii) Insurance for the covered entity 
and employees of such entity. 
‘‘(iii) Rent or mortgage payments. 
‘‘(iv) Payroll expenses. 
‘‘(v) Loss of income. 
‘‘(vi) Any other expense the sponsor 
determines is consistent with the require-
ments of this section. 
‘‘(B) INVALIDATION OF PAYMENT BY SEC-
RETARY.—The Secretary may disqualify an eli-
gible expense submitted by a project sponsor at 
the time such recipient submits its financial 
commitment if the Secretary determines such 
an expense is not consistent with the require-
ments of this section. 
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‘‘(6) RETENTION OF FUNDS.—Funds set aside 
for the BUMP Fund shall remain available for a pe-
riod of 1 year after the completion of the project for 
which the BUMP Fund was established unless the 
project sponsor certifies to the Secretary that the 
funds are no longer needed. 
‘‘(7) UNUSED FUNDS.—Any amounts deposited 
in a BUMP Funds that are not dispensed during 
the project may be available to the project sponsor 
for the following uses: 
‘‘(A) Project enhancements, including non- 
infrastructure project enhancements, or con-
struction cost overruns for the project. 
‘‘(B) Environmental mitigation described 
under section 119(g) of title 23, United States 
Code. 
‘‘(C) Other projects eligible under this 
title, except that the amounts may not count to-
ward non-Federal matching funds of any other 
project. 
‘‘(D) In any case in which the project 
sponsor does not manage the project, amounts 
may be returned to the initial recipient of the 
Federal funds provided for the covered project. 
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‘‘(E) For any other purpose approved by 
the Secretary. 
‘‘(8) DERIVATION OF FUNDS FOR DEPOSIT INTO 
BUMP FUND.—The funds dedicated to BUMP Fund 
may be derived from— 
‘‘(A) a non-Federal source, consistent with 
the requirements of part 200 of title 2, Code of 
Federal Regulations, unless deposit of such 
non-Federal funds is prohibited by the terms of 
an agreement between the funding source and 
the project sponsor; or 
‘‘(B) Federal funds, if approved by the 
Secretary. 
‘‘(9) PROJECTS
WITHOUT
A
NON-FEDERAL 
SHARE.—For any covered project that is funded 
with 100 percent Federal funds, the Secretary shall 
determine, together with the project sponsor, an ap-
propriate amount of funding for the BUMP Fund. 
‘‘(10) COMBINED BUMP FUND.—For a project 
sponsor that has more than 2 projects running con-
currently, the project sponsor may maintain one 
BUMP Fund to cover all such projects. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) BUSINESS
UNINTERRUPTED
MONETARY 
PROGRAM FUND; BUMP FUND.—The term ‘business 
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uninterrupted monetary program fund’ or ‘BUMP 
Fund’ means a fund for the purpose of providing fi-
nancial assistance to covered entities directly and 
negatively impacted by covered project to reimburse 
such a covered entity for expenses incurred during 
an interruption caused by such project. 
‘‘(2) COVERED ENTITY.—The term ‘covered en-
tity’ means a private business or nonprofit organiza-
tion, as defined by the project sponsor. 
‘‘(3) COVERED
PROJECT.—The term ‘covered 
project’ means any project carried out under this 
title that has a total cost of $50,000,000 or greater. 
‘‘(4) INTERRUPTION.—The term ‘interruption’ 
means an activity carried out as part of a covered 
project that disrupts the activities of a covered enti-
ty and causes measurable negative impacts to the fi-
nancial well-being of such entity. 
‘‘(5) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means the entity or affiliated project part-
ner carrying out a covered project.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 1 of title 23, United States Code, is amended by add-
ing at the end the following: 
‘‘180. Business uninterrupted monetary program fund.’’. 
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(c) PROJECT APPROVAL AND OVERSIGHT.—Section 
106 of title 23, United States Code, is amended by adding 
at the end the following: 
‘‘(k) BUSINESS UNINTERRUPTED MONETARY PRO-
GRAM FUND.—A recipient of Federal financial assistance 
under this title for a project with an estimated total 
project cost of $50,000,000 or more shall establish a busi-
ness uninterrupted monetary program fund as described 
under section 180, and subject to the requirements of such 
section, to address financial impacts to companies that 
suffer financial burdens as a result of project construc-
tion.’’. 
SEC. 4. GRANTS FOR CERTAIN INTERRUPTIONS DUE TO 
FIXED 
GUIDEWAY 
CAPITAL 
INVESTMENT 
PROJECTS. 
(a) ESTABLISHMENT.—Not later than 270 days after 
the date of enactment of this Act, the Secretary of Trans-
portation shall establish a competitive grant program that 
provides a single round of grants to project sponsors to 
provide relief to covered entities as described in section 
5309(s) of title 49, United States Code (as added by sec-
tion 2). 
(b) ELIGIBILITY.—A project sponsor is eligible for a 
grant under subsection (a) for any project— 
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(1) that meets the requirements of section 
5309(s) of title 49, United States Code; 
(2) for which construction began on or after 
October 1, 2018; and 
(3) that remains under construction as of June 
1, 2023. 
(c) FUNDING LIMITATIONS.—A grant provided under 
this section may not exceed $10,000,000. 
(d) UNUSED AMOUNTS.—Any funds not made avail-
able pursuant to this section shall be retained in the ac-
count to which the funds were appropriated and made 
available for any other purpose provided for by law. 
(e) 
DEFINITIONS.—The 
definitions 
in 
section 
5309(s)(9) of title 49, United States Code, shall apply to 
this section. 
SEC. 5. IMPLEMENTATION. 
The Secretary of Transportation shall implement the 
requirements of the amendments made by sections 2 and 
3 of this Act not later than 270 days after the date of 
enactment of this Act. 
Æ 
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