,i #aaith ,,congress #ast ,session ,h4 ,r4 #dfdc ,,in ,,the ,,house ,,of ,,representatives ,july #bc1 #bjbe,mr4 ,correa 7for himself and ,mr4 ,carter of ,louisiana7 introduced the following bill2 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 fund1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,business ,uninterrupted ,monetary ,program ,act of #bjbe4 #b4 ,fixed guideway capital investment grants ,section #ecji of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7s7 ,business uninterrupted monetary program fund 7#a7 ,establishment ,to be eligible for a grant under this section1 a project sponsor or shall establish a fund to be known as a business uninterrupted monetary program fund 7in this subsection referred to as a ,,bump ,fund74 7#b7 ,fund requirements ,amounts contributed to a ,,bump ,fund under this subsection-- 7,a7 may count toward the non-,federal share of the cost of a project under such section2 and 7,b7 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 grant4 7#c7 ,contributions to the ,fund 7,a7 ,in general ,the ,secretary shall require that the project sponsor contribute an amount into a ,,bump ,fund that meets the following requirements3 7i7 ,the amount required to be set aside shall not impact the total project cost or the total non-,federal match requirement of the project4 7ii7 ,such amount shall reflect the funds necessary to fully carry out the requirement described in paragraph 7#b77;,b74 7iii7 ,such amount may not constitute an amount of the non-,federal cost share that would impede the project sponsor from carrying out the project4 7iv7 ,apply to projects with total cost equal or greater than #ajj million4 7v7 ,such amount shall be determined by the local sponsor1 so long as such amount-- 7,i7 does not exceed #aj percent of the total non-,federal share2 and 7,,ii7 reflects the estimated damages caused by the interruption4 7,b7 ,waiver ,the ,secretary may waive or alter the percentage of the contribution amount required under subparagraph 7,a7-- 7i7 if the ,secretary determines that the project sponsor has an equivalent program established that is applicable to the project2 7ii7 the ,secretary determines that there is no interruption that could occur with respect to a project2 7iii7 the amount of ,federal funding for the total cost of the project is less than #aj percent of such cost2 or 7iv7 for any other reason the ,secretary determines appropriate4 7#d7 ,eligibility for receipt of funds ,the applicant1 as part of the portion of the application for a grant under this section that relates to the financial commitment of the applicant1 shall provide information to the ,secretary on how the project sponsor shall determine which covered entities are eligible to receive assistance from a ,,bump ,fund1 including the following3 7,a7 ,which covered entities are eligible to receive funding under the ,,bump ,fund4 7,b7 ,the terms for eligibility for amounts in a ,,bump ,fund4 7,c7 ,the process by which the local sponsor or project partner shall-- 7i7 determine the impact on covered entities2 7ii7 distribute the funds to covered entities2 and 7iii7 verify the information provided by covered entities4 7,d7 ,the total funding available per covered entity4 7,e7 ,the outreach plan for informing covered entities4 7,f7 ,any other information the applicant determines is necessary4 7#e7 ,eligible expenses 7,a7 ,in general ,eligible expenses provided to a covered entity from a ,,bump ,fund may include1 at the discretion of the project sponsor1 the following3 7i7 ,utilities4 7ii7 ,insurance4 7iii7 ,rent or mortgage4 7iv7 ,payroll4 7v7 ,loss of income4 7vi7 ,any other expense the sponsor determines is consistent with the requirements of this section4 7,b7 ,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 section4 7#f7 ,combined ,,bump ,fund ,for a project sponsor that has more than #b projects running concurrently1 the project sponsor may maintain one ,,bump ,fund to cover all such projects4 7#g7 ,retention of funds ,funds set aside for the ,,bump ,fund shall remain available for a period of #a 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 needed4 7#h7 ,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 uses3 7,a7 ,operating expenses for the project for which the ,,bump ,fund was established4 7,b7 ,project enhancements or construction cost overruns for the project4 7,c7 ,other projects eligible under this title1 except that the amounts may not count toward non-,federal matching funds of any other project4 7,d7 ,in any case in which the recipient does not manage the project1 amounts may be returned to the grant recipient4 7,e7 ,for any other purpose approved by the ,secretary4 7#i7 ,derivation of funds for deposit into ,,bump ,fund ,the funds dedicated to a ,,bump ,fund may be derived from-- 7,a7 non-,federal funds1 unless deposit of such non-,federal funds is prohibited by the terms of an agreement between the funding source and the project sponsor2 or 7,b7 ,federal funds1 if approved by the ,secretary4 7#aj7 ,definitions ,in this subsection3 7,a7 ,business uninterrupted monetary program fund2 ,,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 project4 7,b7 ,covered entity ,the term covered entity means a private business or nonprofit organization1 as defined by the project sponsor4 7,c7 ,interruption ,the term #8interruption' 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 entity4 7,d7 ,project sponsor ,the term project sponsor means the sponsor of a project1 or affiliated project partner1 for which a grant is provided under this section4 4 #c4 ,federal-aid highway program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #ahj4 ,business uninterrupted monetary program fund 7a7 ,business ,uninterrupted ,monetary ,program ,fund 7#a7 ,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 7in this section referred to as a ,bump ,fund7 as required under section #ajf7k74 7#b7 ,fund requirements ,amounts contributed to a ,,bump ,fund under this section-- 7,a7 may count toward the non-,federal share of the cost of a covered project2 and 7,b7 shall be provided to covered entities that are negatively impacted by an interruption cause by a covered project4 7#c7 ,contributions to the ,fund 7,a7 ,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 requirements3 7i7 ,the amount required to be set aside shall not impact the total non-,federal match requirement of the project4 7ii7 ,such amount shall reflect the funds necessary to fully carry out the requirement described in paragraph 7#b77;,b74 7iii7 ,such amount may not constitute an amount of the non-,federal cost share that would impede the project sponsor from carrying out the project4 7iv7 ,the amount allocated to the ,,bump fund shall be determined by the local sponsor1 so long as-- 7,i7 the amount does not exceed #be percent of the total non-,federal share2 and 7,,ii7 the amount reflects the estimated damages caused by the interruption4 7,b7 ,waiver ,the ,secretary may waive or alter the percentage of the contribution amount required under subparagraph 7,a7-- 7i7 if the ,secretary determines that the project sponsor has an equivalent program established that is applicable to the project2 7ii7 the ,secretary determines that there is no interruption that could occur with respect to a project2 7iii7 the amount of ,federal funding for the total cost of the project is less than #aj percent of such cost2 or 7iv7 for any other reason the ,secretary determines appropriate4 7#d7 ,eligibility for receipt of funds ,an applicant for funds for a covered project1 as part of the portion of the application that relates to the financial commitment of the applicant1 shall provide information to the ,secretary on the implementation of ,,bump ,fund including the following3 7,a7 ,which covered entities are eligible to receive funding under the ,,bump ,fund4 7,b7 ,the terms for eligibility for amounts in a ,,bump ,fund4 7,c7 ,the process by which the local sponsor or project partner shall-- 7i7 determine the impact on covered entities2 7ii7 distribute the funds to covered entities2 and 7iii7 verify the information provided by covered entities4 7,d7 ,the total funding available per covered entity4 7,e7 ,the outreach plan for informing covered entities4 7,f7 ,any other information the applicant determines is necessary4 7#e7 ,eligible expenses 7,a7 ,in general ,eligible expenses provided to a covered entity from a ,,bump ,fund may include1 at the discretion of the project sponsor1 the following3 7i7 ,utilities for the covered entity4 7ii7 ,insurance for the covered entity and employees of such entity4 7iii7 ,rent or mortgage payments4 7iv7 ,payroll expenses4 7v7 ,loss of income4 7vi7 ,any other expense the sponsor determines is consistent with the requirements of this section4 7,b7 ,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 section4 7#f7 ,retention of funds ,funds set aside for the ,,bump ,fund shall remain available for a period of #a 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 needed4 7#g7 ,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 uses3 7,a7 ,project enhancements1 including non-infrastructure project enhancements1 or construction cost overruns for the project4 7,b7 ,environmental mitigation described under section #aai7;g7 of title #bc1 ,united ,states ,code4 7,c7 ,other projects eligible under this title1 except that the amounts may not count toward non-,federal matching funds of any other project4 7,d7 ,in any case in which the project sponsor does not manage the project1 amounts may be returned to the initial recipient of the ,federal funds provided for the covered project4 7,e7 ,for any other purpose approved by the ,secretary4 7#h7 ,derivation of funds for deposit into ,,bump ,fund ,the funds dedicated to ,,bump ,fund may be derived from-- 7,a7 a non-,federal source1 consistent with the requirements of part #bjj of title #b1 ,code of ,federal ,regulations1 unless deposit of such non-,federal funds is prohibited by the terms of an agreement between the funding source and the project sponsor2 or 7,b7 ,federal funds1 if approved by the ,secretary4 7#i7 ,projects without a non-,federal share ,for any covered project that is funded with #ajj percent ,federal funds1 the ,secretary shall determine1 together with the project sponsor1 an appropriate amount of funding for the ,,bump ,fund4 7#aj7 ,combined ,,bump ,fund ,for a project sponsor that has more than #b projects running concurrently1 the project sponsor may maintain one ,,bump ,fund to cover all such projects4 7b7 ,definitions ,in this section3 7#a7 ,business uninterrupted monetary program fund2 ,,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 project4 7#b7 ,covered entity ,the term covered entity means a private business or nonprofit organization1 as defined by the project sponsor4 7#c7 ,covered project ,the term covered project means any project carried out under this title that has a total cost of #ej1jjj1jjj or greater4 7#d7 ,interruption ,the term #8interruption' 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 entity4 7#e7 ,project sponsor ,the term project sponsor means the entity or affiliated project partner carrying out a covered project4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #ahj4 ,business uninterrupted monetary program fund4 4 7c7 ,project approval and oversight ,section #ajf of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,business uninterrupted monetary program fund ,a recipient of ,federal financial assistance under this title for a project with an estimated total project cost of #ej1jjj1jjj or more shall establish a business uninterrupted monetary program fund as described under section #ahj1 and subject to the requirements of such section1 to address financial impacts to companies that suffer financial burdens as a result of project construction4 4 #d4 ,grants for certain interruptions due to fixed guideway capital investment projects 7a7 ,establishment ,not later than #bgj days after the date of enactment of this ,act1 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 #ecji7s7 of title #di1 ,united ,states ,code 7as added by section #b74 7b7 ,eligibility ,a project sponsor is eligible for a grant under subsection 7a7 for any project-- 7#a7 that meets the requirements of section #ecji7s7 of title #di1 ,united ,states ,code2 7#b7 for which construction began on or after ,october #a1 #bjah2 and 7#c7 that remains under construction as of ,june #a1 #bjbc4 7c7 ,funding limitations ,a grant provided under this section may not exceed #aj1jjj1jjj4 7d7 ,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 law4 7e7 ,definitions ,the definitions in section #ecji7s77#i7 of title #di1 ,united ,states ,code1 shall apply to this section4 #e4 ,implementation ,the ,secretary of ,transportation shall implement the requirements of the amendments made by sections #b and #c of this ,act not later than #bgj days after the date of enactment of this ,act4