H.R. 4643 — Business Uninterrupted Monetary Program Act of 2025

This section establishes, as a condition of eligibility for fixed guideway capital investment grants under 49 U.S.C. 5309, a requirement that project sponsors create a business uninterrupted monetary program fund (BUMP Fund) to compensate covered entities—defined as private businesses or nonprofits—for financial losses from project-related interruptions (i.e., activities disrupting business operations with measurable negative financial impacts). The BUMP Fund must receive contributions from the project sponsor for projects with total costs of $100 million or more, in an amount determined by the sponsor not exceeding 10% of the total non-Federal share and reflecting estimated damages, without affecting the project's total cost or non-Federal match requirement; such contributions may derive from non-Federal or (with Secretary approval) Federal funds and count toward the non-Federal share. (1) The Secretary may waive or modify the contribution if the sponsor has an equivalent program, no interruption is anticipated, Federal funding exceeds 90% of project costs, or for other appropriate reasons; (2) sponsors must detail in grant applications how they will identify eligible entities, assess impacts, distribute funds, verify claims, cap per-entity funding, and conduct outreach; (3) eligible expenses include utilities, insurance, rent or mortgage, payroll, lost income, or other sponsor-determined costs consistent with the program, subject to Secretary disqualification; (4) sponsors with multiple concurrent projects may use a combined fund; and (5) undisbursed funds remain available for one year post-project (or longer if needed, per sponsor certification) and may then support project operating expenses, enhancements, overruns, other eligible projects (without counting as match), return to the grant recipient, or other Secretary-approved uses. (Thus, the BUMP Fund enables compensation for local businesses and nonprofits affected by major transit construction disruptions while allowing sponsor flexibility in funding large-scale fixed guideway projects such as rail extensions or bus rapid transit systems.)

This section establishes a Business Uninterrupted Monetary Program Fund (BUMP Fund) in new 23 U.S.C. §180, requiring recipients of Federal-aid highway funds to create the fund for providing financial assistance to covered entities (i.e., private businesses or nonprofit organizations) negatively impacted by interruptions from covered projects (i.e., Federal-aid highway projects). The section specifies that (1) contributions to the BUMP Fund—capped at 25% of the project's non-Federal share, as determined by the local sponsor based on estimated damages—may count toward the non-Federal share without increasing the overall match requirement or impeding the project; (2) the Secretary may waive or modify the contribution if the project sponsor has an equivalent program, no interruption is anticipated, Federal funding exceeds 90% of costs, or for other appropriate reasons; (3) applicants must detail BUMP Fund implementation, including eligible entities, terms, distribution processes, per-entity limits, and outreach; (4) eligible expenses include utilities, insurance, rent or mortgage, payroll, lost income, or other sponsor-determined costs consistent with the section, subject to Secretary disqualification; (5) funds remain available for one year post-project unless no longer needed; and (6) unused funds may support project enhancements, construction overruns, environmental mitigation under 23 U.S.C. §119(g), other eligible projects (not as non-Federal match), return to the initial Federal-aid recipient, or other Secretary-approved uses. Funds may derive from non-Federal sources (per 2 C.F.R. part 200, unless prohibited) or Federal sources (with Secretary approval); for 100% Federally funded projects, the Secretary and sponsor determine the amount; and sponsors with multiple concurrent projects may use a combined BUMP Fund. (Thus, the program mitigates economic disruptions to local businesses and nonprofits from highway construction while allowing flexibility in funding and administration.)

This section establishes a competitive grant program, to be administered by the Secretary of Transportation not later than 270 days after enactment, providing a single round of grants to project sponsors for relief to covered entities (as defined in 49 U.S.C. 5309(s)(9), as added by section 2) affected by interruptions from eligible fixed guideway capital investment projects under 49 U.S.C. 5309. Eligible projects must meet requirements of 49 U.S.C. 5309(s), have begun construction on or after October 1, 2018, and remain under construction as of June 1, 2023; grants may not exceed $10 million, with unused funds retained in the applicable appropriation account for other authorized purposes.