S.Amdt. 1007Senate117th Congress (2021-2023)2nd degree
S.Amdt. 1007
Sponsored by
Sen. Patrick J. Toomey (R-PA)
Submitted March 5, 2021
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Senate amendment submitted
March 5, 2021
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Submitted
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.''. ______