[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3857 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3857

 To cap the benefits received under the Federal Pandemic Unemployment 
                  Compensation program at prior wages.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 1, 2020

 Mrs. Loeffler introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To cap the benefits received under the Federal Pandemic Unemployment 
                  Compensation program at prior wages.

    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 ``Helping Americans Return to Work Act 
of 2020''.

SEC. 2. CAP ON TEMPORARY INCREASED UNEMPLOYMENT COMPENSATION BENEFITS 
              AT PRIOR WAGES.

    (a) Pandemic Unemployment Assistance.--Section 2102(d) of the 
Relief for Workers Affected by Coronavirus Act (contained in subtitle A 
of title II of division A of the CARES Act (Public Law 116-136)) is 
amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``The assistance'' and inserting ``Subject to 
        paragraph (4), the assistance'';
            (2) in paragraph (2), by striking ``In the case'' and 
        inserting ``Subject to paragraph (4), in the case''; and
            (3) by adding at the end the following new paragraph:
            ``(4) For weeks of unemployment beginning on or after June 
        1, 2020, and ending on or before the date specified in 
        subsection (c)(1)(A)(ii), the total amount of the weekly 
        assistance applicable to an individual under paragraph (1) or 
        (2) (including the increase under section 2104) may not 
        exceed--
                    ``(A) in the case of paragraph (1), the amount of 
                the individual's average weekly wages on which the 
                individual's weekly benefit is based; and
                    ``(B) in the case of paragraph (2), the amount of 
                the individual's average weekly wages for an 
                appropriate period prior to the receipt of assistance 
                under such section, as determined by the Secretary of 
                Labor.''.
    (b) Federal Pandemic Unemployment Compensation.--Subsection (b) of 
section 2104 of the Relief for Workers Affected by Coronavirus Act 
(contained in subtitle A of title II of division A of the CARES Act 
(Public Law 116-136)) is amended--
            (1) in paragraph (1), in the matter preceding subparagraph 
        (A), by striking ``Any agreement'' and inserting ``Subject to 
        paragraph (2), any agreement'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Limitation.--For weeks of unemployment beginning on 
        or after June 1, 2020, and ending on or before the date 
        specified in subsection (e)(2), the sum of the weekly amount 
        described in subparagraphs (A) (regular compensation) and (B) 
        (Federal pandemic unemployment compensation) of paragraph (1) 
        with respect to an individual may not exceed the amount of the 
        individual's average weekly wages on which the amount described 
        in such subparagraph (A) is based.''.
    (c) Pandemic Emergency Unemployment Compensation.--Section 
2107(b)(3) of the Relief for Workers Affected by Coronavirus Act 
(contained in subtitle A of title II of division A of the CARES Act 
(Public Law 116-136)) is amended by adding at the end the following new 
sentence: ``The limitation under section 2104(b)(2) shall apply for 
purposes of determining the weekly benefit amount under the preceding 
sentence.''.
    (d) Short-Time Compensation.--
            (1) States with programs in law.--Section 2108(a) of the 
        Relief for Workers Affected by Coronavirus Act (contained in 
        subtitle A of title II of division A of the CARES Act (Public 
        Law 116-136)) is amended by adding at the end the following new 
        paragraph:
            ``(4) Total payment may not exceed weekly wages.--
                    ``(A) In general.--For weeks of unemployment 
                beginning on or after June 1, 2020, and ending on or 
                before the date specified in subsection (b)(2), the sum 
                of the amounts described in subparagraph (B) with 
                respect to an individual for a week may not exceed the 
                amount of the individual's average weekly wages on 
                which the amount described in subparagraph (B)(ii) is 
                based.
                    ``(B) Amounts.--The amounts described in this 
                subparagraph are the following with respect to a week:
                            ``(i) The amount of the wages the 
                        individual receives from the employer for the 
                        week for the reduced hours under the short-time 
                        compensation program.
                            ``(ii) The amount of the regular 
                        compensation (including dependents' allowances) 
                        payable to such individual for the week under 
                        the short-time compensation program.
                            ``(iii) The amount of Federal Pandemic 
                        Unemployment Compensation under section 2104 
                        payable to such individual for the week under 
                        the short-time compensation program.''.
            (2) Agreements.--Section 2109(b)(2) of the Relief for 
        Workers Affected by Coronavirus Act (contained in subtitle A of 
        title II of division A of the CARES Act (Public Law 116-136)) 
        is amended by adding at the end the following new paragraph:
                    ``(C) Total payment may not exceed weekly wages.--
                            ``(i) In general.--For weeks of 
                        unemployment beginning on or after June 1, 
                        2020, and ending on or before the date 
                        specified in subsection (d)(2), the sum of the 
                        amounts described in clause (ii) with respect 
                        to an individual for a week may not exceed the 
                        amount of the individual's average weekly wages 
                        on which the amount described in clause 
                        (ii)(II) is based.
                            ``(ii) Amounts.--The amounts described in 
                        this clause are the following with respect to a 
                        week:
                                    ``(I) The amount of the wages the 
                                individual receives from the employer 
                                for the week for the reduced hours 
                                under the short-time compensation plan 
                                under the agreement.
                                    ``(II) The amount of the regular 
                                compensation (including dependents' 
                                allowances) payable to such individual 
                                for the week under such short-time 
                                compensation plan.
                                    ``(III) The amount of Federal 
                                Pandemic Unemployment Compensation 
                                under section 2104 payable to such 
                                individual for the week under such 
                                short-time compensation plan.''.
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