II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Helping Americans Re5 turn to Work Act of 2020’’. 

6 SEC. 2. CAP ON TEMPORARY INCREASED UNEMPLOYMENT 

7 COMPENSATION BENEFITS AT PRIOR WAGES. 

8 (a) PANDEMIC UNEMPLOYMENT ASSISTANCE.—Sec9 tion 2102(d) of the Relief for Workers Affected by 

10 Coronavirus Act (contained in subtitle A of title II of diviVerDate Sep 11 2014 17:39 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3857.IS S3857

pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 3857 IS

1 sion A of the CARES Act (Public Law 116–136)) is 

2 amended— 

3 (1) in paragraph (1), in the matter preceding 

4 subparagraph (A), by striking ‘‘The assistance’’ and 

5 inserting ‘‘Subject to paragraph (4), the assistance’’; 

6 (2) in paragraph (2), by striking ‘‘In the case’’ 

7 and inserting ‘‘Subject to paragraph (4), in the 

8 case’’; and 

9 (3) by adding at the end the following new 

10 paragraph: 

11 ‘‘(4) For weeks of unemployment beginning on 

12 or after June 1, 2020, and ending on or before the 

13 date specified in subsection (c)(1)(A)(ii), the total 

14 amount of the weekly assistance applicable to an in15 dividual under paragraph (1) or (2) (including the 

16 increase under section 2104) may not exceed— 

17 ‘‘(A) in the case of paragraph (1), the 

18 amount of the individual’s average weekly 

19 wages on which the individual’s weekly benefit 

20 is based; and 

21 ‘‘(B) in the case of paragraph (2), the 

22 amount of the individual’s average weekly 

23 wages for an appropriate period prior to the re24 ceipt of assistance under such section, as deter25 mined by the Secretary of Labor.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 3857 IS

1 (b) FEDERAL PANDEMIC UNEMPLOYMENT COM2 PENSATION.—Subsection (b) of section 2104 of the Relief 

3 for Workers Affected by Coronavirus Act (contained in 

4 subtitle A of title II of division A of the CARES Act (Pub5 lic Law 116–136)) is amended— 

6 (1) in paragraph (1), in the matter preceding 

7 subparagraph (A), by striking ‘‘Any agreement’’ and 

8 inserting ‘‘Subject to paragraph (2), any agree9 ment’’; 

10 (2) by redesignating paragraph (2) as para11 graph (3); and 

12 (3) by inserting after paragraph (1) the fol13 lowing new paragraph: 

14 ‘‘(2) LIMITATION.—For weeks of unemployment 

15 beginning on or after June 1, 2020, and ending on 

16 or before the date specified in subsection (e)(2), the 

17 sum of the weekly amount described in subpara18 graphs (A) (regular compensation) and (B) (Federal 

19 pandemic unemployment compensation) of para20 graph (1) with respect to an individual may not ex21 ceed the amount of the individual’s average weekly 

22 wages on which the amount described in such sub23 paragraph (A) is based.’’. 

24 (c) PANDEMIC EMERGENCY UNEMPLOYMENT COM25 PENSATION.—Section 2107(b)(3) of the Relief for WorkVerDate Sep 11 2014 17:39 Jun 20, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3857.IS S3857

pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 3857 IS

1 ers Affected by Coronavirus Act (contained in subtitle A 

2 of title II of division A of the CARES Act (Public Law 

3 116–136)) is amended by adding at the end the following 

4 new sentence: ‘‘The limitation under section 2104(b)(2) 

5 shall apply for purposes of determining the weekly benefit 

6 amount under the preceding sentence.’’. 

7 (d) SHORT-TIME COMPENSATION.— 

8 (1) STATES WITH PROGRAMS IN LAW.—Section 

9 2108(a) of the Relief for Workers Affected by 

10 Coronavirus Act (contained in subtitle A of title II 

11 of division A of the CARES Act (Public Law 116– 

12 136)) is amended by adding at the end the following 

13 new paragraph: 

14 ‘‘(4) TOTAL PAYMENT MAY NOT EXCEED WEEK15 LY WAGES.— 

16 ‘‘(A) IN GENERAL.—For weeks of unem17 ployment beginning on or after June 1, 2020, 

18 and ending on or before the date specified in 

19 subsection (b)(2), the sum of the amounts de20 scribed in subparagraph (B) with respect to an 

21 individual for a week may not exceed the 

22 amount of the individual’s average weekly 

23 wages on which the amount described in sub24 paragraph (B)(ii) is based. 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 3857 IS

1 ‘‘(B) AMOUNTS.—The amounts described 

2 in this subparagraph are the following with re3 spect to a week: 

4 ‘‘(i) The amount of the wages the in5 dividual receives from the employer for the 

6 week for the reduced hours under the 

7 short-time compensation program. 

8 ‘‘(ii) The amount of the regular com9 pensation (including dependents’ allow10 ances) payable to such individual for the 

11 week under the short-time compensation 

12 program. 

13 ‘‘(iii) The amount of Federal Pan14 demic Unemployment Compensation under 

15 section 2104 payable to such individual for 

16 the week under the short-time compensa17 tion program.’’. 

18 (2) AGREEMENTS.—Section 2109(b)(2) of the 

19 Relief for Workers Affected by Coronavirus Act 

20 (contained in subtitle A of title II of division A of 

21 the CARES Act (Public Law 116–136)) is amended 

22 by adding at the end the following new paragraph: 

23 ‘‘(C) TOTAL PAYMENT MAY NOT EXCEED

24 WEEKLY WAGES.— 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 3857 IS

1 ‘‘(i) IN GENERAL.—For weeks of un2 employment beginning on or after June 1, 

3 2020, and ending on or before the date 

4 specified in subsection (d)(2), the sum of 

5 the amounts described in clause (ii) with 

6 respect to an individual for a week may 

7 not exceed the amount of the individual’s 

8 average weekly wages on which the amount 

9 described in clause (ii)(II) is based. 

10 ‘‘(ii) AMOUNTS.—The amounts de11 scribed in this clause are the following with 

12 respect to a week: 

13 ‘‘(I) The amount of the wages 

14 the individual receives from the em15 ployer for the week for the reduced 

16 hours under the short-time compensa17 tion plan under the agreement. 

18 ‘‘(II) The amount of the regular 

19 compensation (including dependents’ 

20 allowances) payable to such individual 

21 for the week under such short-time 

22 compensation plan. 

23 ‘‘(III) The amount of Federal 

24 Pandemic Unemployment Compensa25 tion under section 2104 payable to 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 3857 IS

1 such individual for the week under 

2 such short-time compensation plan.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS