Income Security Act of 1974) is not affected by 
participation in the program; and 
(C) in the case of employees represented 
by a union, that the appropriate official of the 
union has agreed to the terms of the employer’s 
written plan and implementation is consistent 
with employer obligations under the National 
Labor Relations Act. 
(3) FULL REIMBURSEMENT.—Subject to sub-
section (d), the payment to a State under paragraph 
(1) shall be an amount equal to 100 percent of the 
total amount of benefits paid to individuals by the 
State pursuant to the short-time compensation pro-
gram for weeks of unemployment— 
(A) beginning on or after the date as of 
which a certification is issued by the Secretary 
with respect to such program; and 
(B) ending on or before December 31, 
2011. 
(4) CERTIFICATION PROCEDURES.— 
(A) IN GENERAL.—Any State seeking re-
imbursement under this subsection shall submit 
an application for certification at such time, in 
such manner, and complete with such informa-
tion as the Secretary may require (whether by 
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regulation or otherwise), including information 
relating to compliance with the requirements of 
paragraph (2). The Secretary shall, within 30 
days after receiving a complete application, no-
tify the State agency of the State of the Sec-
retary’s findings with respect to the require-
ments of paragraph (2). 
(B) FINDINGS.—If the Secretary finds 
that the short-time compensation program oper-
ated by the State meets the requirements of 
paragraph (2), the Secretary shall certify such 
State’s 
short-time 
compensation 
program, 
thereby making such State eligible for reim-
bursement under this subsection.
(b) TERMS OF PAYMENTS.—Payments made to a 
State under subsection (a)(1) shall be payable by way of 
reimbursement in such amounts as the Secretary esti-
mates the State will be entitled to receive under this sec-
tion for each calendar month, reduced or increased, as the 
case may be, by any amount by which the Secretary finds 
that the Secretary’s estimates for any prior calendar 
month were greater or less than the amounts which should 
have been paid to the State. Such estimates may be made 
on the basis of such statistical, sampling, or other method 
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as may be agreed upon by the Secretary and the State 
agency of the State involved. 
(c) LIMITATIONS.— 
(1) GENERAL
PAYMENT
LIMITATIONS.—No 
payments shall be made to a State under this sec-
tion for benefits paid in excess of 26 weeks to an in-
dividual by the State pursuant to a short-time com-
pensation program. 
(2) EMPLOYER
LIMITATIONS.—No payments 
shall be made to a State under this section for bene-
fits paid to an individual by the State pursuant to 
a short-time compensation program if such indi-
vidual is employed by an employer— 
(A) whose workforce during the 3 months 
preceding the date of the submission of the em-
ployer’s short-time compensation plan has been 
reduced by temporary layoffs of more than 20 
percent; 
(B) on a seasonal, temporary, or intermit-
tent basis; or 
(C) engaged in a labor dispute. 
(3) PROGRAM PAYMENT LIMITATION.—In mak-
ing any payments to a State under this section pur-
suant to a short-time compensation program, the 
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Secretary may limit the frequency of employer par-
ticipation in such program. 
(d) COMPLIANCE OVERSIGHT.— 
(1) IN
GENERAL.—A participating employer 
under this section is required to comply with the 
terms of the written plan approved by the State 
agency, including provisions related to retaining par-
ticipating employees. 
(2) OVERSIGHT AND MONITORING.—The Sec-
retary shall establish an oversight and monitoring 
process by which State agencies will ensure that par-
ticipating employers comply with the requirements of 
paragraph (1). 
(e) FUNDING.—There are appropriated, from time to 
time, out of any moneys in the Treasury not otherwise 
appropriated, to the Secretary, such sums as the Secretary 
certifies are necessary to carry out this section (including 
to reimburse any administrative expenses incurred by the 
States in operating such short-time compensation pro-
grams). 
(f) DEFINITIONS.—In this section— 
(1) the term ‘‘Secretary’’ means the Secretary 
of Labor; 
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(2) the term ‘‘State’’ includes the District of 
Columbia, the Commonwealth of Puerto Rico, and 
the Virgin Islands; and 
(3) the terms ‘‘State agency’’ and ‘‘week’’ have 
the respective meanings given them by section 205 
of the Federal-State Extended Unemployment Com-
pensation Act of 1970. 
Æ 
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