[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Page S1292]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1007. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 891 proposed by Mr. Schumer (for himself, Mr. Wyden, Mrs. 
Murray, Mr. Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. Stabenow, 
Mr. Tester, Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, and Mr. 
Sanders) to the bill H.R. 1319, to provide for reconciliation pursuant 
to title II of S. Con. Res. 5; which was ordered to lie on the table; 
as follows:

        At the end of part 1 of subtitle A of title IX, insert the 
     following:

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

       (a) Pandemic Unemployment Assistance.--Section 2102(d) of 
     the CARES Act (15 U.S.C. 9021(d)) 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:
       ``(5) Limitation.--For weeks of unemployment ending after 
     March 14, 2021, and ending on or before August 29, 2021, 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.--Section 
     2104(b) of the CARES Act (15 U.S.C. 9023(b)) is amended--
       (1) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``Any agreement'' and inserting ``Subject to 
     paragraph (4), any agreement''; and
       (2) by adding at the end the following:
       ``(4) Limitation.--For weeks of unemployment ending after 
     March 14, 2021, and ending on or before August 29, 2021, the 
     sum of the weekly amount described in subparagraphs (A) 
     (regular compensation), (B) (Federal pandemic unemployment 
     compensation), and (C) (Mixed Earner 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 CARES Act (15 U.S.C. 9025(b)(3)) is amended 
     by adding at the end the following new sentence: ``The 
     limitation under section 2104(b)(4) 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 
     CARES Act (15 U.S.C. 9026(a)) 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 ending after 
     March 14, 2021, and ending on or before August 29, 2021, 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 CARES Act (15 
     U.S.C. 9027(b)(2)) 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 ending after 
     March 14, 2021, and ending on or before August 29, 202, 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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