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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6376 Introduced in House (IH)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Uninterrupted Monetary
Program Act of 2023''.
SEC. 2. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
Section 5309 of title 49, United States Code, is amended by adding
at the end the following:
``(s) Business Uninterrupted Monetary Program Fund.--
``(1) Establishment.--To be eligible for a grant under this
section, a project sponsor or shall establish a fund to be
known as a business uninterrupted monetary program fund (in
this subsection referred to as a `BUMP Fund').
``(2) Fund requirements.--Amounts contributed to a BUMP
Fund under this subsection--
``(A) may count toward the non-Federal share of the
cost of a project under such section; and
``(B) shall be provided to covered entities that
are negatively impacted by an interruption caused by a
project carried out with amounts made available under
such grant.
``(3) Contributions to the fund.--
``(A) In general.--The Secretary shall require that
the project sponsor 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 project cost or the
total non-Federal match requirement of the
project.
``(ii) Such amount shall reflect the funds
necessary to fully carry out the requirement
described in paragraph (2)(B).
``(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) Apply to projects with total cost
equal or greater than $100 million.
``(v) Such amount shall be determined by
the local sponsor, so long as such amount--
``(I) does not exceed 10 percent of
the total non-Federal share; and
``(II) reflects the estimated
damages caused by the interruption.
``(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 program
established that is applicable to the project;
``(ii) the Secretary determines that there
is no interruption that could occur with
respect to a project;
``(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 Secretary
determines appropriate.
``(4) Eligibility for receipt of funds.--The applicant, as
part of the portion of the application for a grant under this
section that relates to the financial commitment of the
applicant, shall provide information to the Secretary on how
the project sponsor shall determine which covered entities are
eligible to receive assistance from a 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 sponsor 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 covered
entity.
``(E) The outreach plan for informing covered
entities.
``(F) Any other information the applicant
determines is necessary.
``(5) Eligible expenses.--
``(A) In general.--Eligible expenses provided to a
covered entity from a BUMP Fund may include, at the
discretion of the project sponsor, the following:
``(i) Utilities.
``(ii) Insurance.
``(iii) Rent or mortgage.
``(iv) Payroll.
``(v) Loss of income.
``(vi) Any other expense the sponsor
determines is consistent with the requirements
of this section.
``(B) Invalidation of payment by secretary.--The
Secretary may disqualify an eligible 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 requirements
of this section.
``(6) Combined bump fund.--For a project sponsor that has
more than 2 projects running concurrently, the project sponsor
may maintain one BUMP Fund to cover all such projects.
``(7) Retention of funds.--Funds set aside for the BUMP
Fund shall remain available for a period 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.
``(8) Unused funds.--Any amounts deposited in a BUMP Fund
that are not dispensed during the project may be available to
the recipient for the following uses:
``(A) Operating expenses for the project for which
the BUMP Fund was established.
``(B) Project enhancements or construction cost
overruns for the project.
``(C) Other projects eligible under this title,
except that the amounts may not count toward 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 monetary 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 covered
entities directly and negatively impacted by a
transportation project funded by a grant under this
section to reimburse such a covered entity for expenses
incurred during an interruption caused by such project.
``(B) Covered entity.--The term `covered entity'
means a private business or nonprofit organization, as
defined by the project sponsor.
``(C) Interruption.--The term `interruption' 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 following:
``Sec. 180. Business uninterrupted monetary program fund
``(a) Business Uninterrupted Monetary Program Fund.--
``(1) Establishment.--The Secretary shall require a
recipient of Federal-aid highway funds under this title to
establish a fund to be known as a business uninterrupted
monetary program fund (in this section referred to as a `Bump
Fund') as required under section 106(k).
``(2) Fund requirements.--Amounts contributed 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-Federal match
requirement of the project.
``(ii) Such amount shall reflect the funds
necessary to fully carry out the requirement
described in paragraph (2)(B).
``(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
estimated damages caused by the
interruption.
``(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 program
established that is applicable to the project;
``(ii) the Secretary determines that there
is no interruption that could occur with
respect to a project;
``(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 Secretary
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 sponsor 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 covered
entity.
``(E) The outreach plan for informing covered
entities.
``(F) Any other information the applicant
determines is necessary.
``(5) Eligible expenses.--
``(A) In general.--Eligible expenses provided 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 requirements
of this section.
``(B) Invalidation of payment by secretary.--The
Secretary may disqualify an eligible 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 requirements
of this section.
``(6) Retention of funds.--Funds set aside for the BUMP
Fund shall remain available for a period 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 construction
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 toward 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.
``(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 appropriate amount of funding for the BUMP Fund.
``(10) Combined bump fund.--For a project sponsor that has
more than 2 projects running concurrently, 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 uninterrupted monetary program fund'
or `BUMP Fund' means a fund for the purpose of providing
financial 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 entity' means a
private business or nonprofit organization, 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 entity and causes measurable
negative impacts to the financial well-being of such entity.
``(5) Project sponsor.--The term `project sponsor' means
the entity or affiliated project partner carrying out a covered
project.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``180. Business uninterrupted monetary program fund.''.
(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 Program 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
business 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 construction.''.
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 Transportation 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 section
2).
(b) Eligibility.--A project sponsor is eligible for a grant under
subsection (a) for any project--
(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 available pursuant to this
section shall be retained in the account 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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1094-1095)
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways and Transit.
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