[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.
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