Page:United States Statutes at Large Volume 110 Part 3.djvu/393

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PUBLIC LAW 104-193—AUG. 22, 1996 110 STAT. 2123 (g) or (i) of section 402 (as in effect during fiscal year 1994) for fiscal year 1994 minus any Federal payment with respect to such child care expenditures; or "(ii) if the Secretary does not make a payment to the State under section 418(a)(2) in the fiscal year— "(I) the expenditures under the State program funded under this part for the fiscal year (excluding any amounts made available by the Federal Government, except amounts paid to the State under psiragraph (3) during the fiscal year that have been expended by the State); exceeds "(II) historic State expenditures (as defined in section 409(a)(7)(B)(iii)); multiplied by "(B) Vi2 times the number of months during the fiscal year for which the Secretary makes a payment to the State under this subsection. "(5) ELIGIBLE MO^fTH.—As used in paragraph (3)(A), the term 'eligible month' means, with respect to a State, a month in the 2-month period that begins with any month for which the State is a needy State. "(6) NEEDY STATE.— For purposes of paragraph (5), a State is a needy State for a month if— "(A) the average rate of— "(i) total unemployment in such State (seasonsdly adjusted) for the period consisting of the most recent 3 months for which data for all States are published equals or exceeds 6.5 percent; and "(ii) total unemployment in such State (seasonally adjusted) for the 3-month period equals or exceeds 110 percent of such average rate for either (or both) of the corresponding 3-month periods ending in the 2 preceding calendar years; or "(B) as determined by the Secretary of Agriculture (in the discretion of the Secretary of Agriculture), the monthly average number of individuals (as of the last day of each month) participating in the food stamp program in the State in the then most recently concluded 3-month period for which data are available exceeds by not less than 10 percent the lesser of— "(i) the monthly average number of individuals (as of the last day of each month) in the State that would have participated in the food stamp program in the corresponding 3-month period in fiscal yesir 1994 if the amendments made by titles IV and "VIII of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 had been in effect throughout fiscal year 1994; or "(ii) the monthly average number of individuals (as of the last day of each month) in the State that would have participated in the food stamp program in the corresponding 3-month period in fiscal year 1995 if the amendments made by titles IV and VLll of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 had been in effect throughout fiscal year 1995. "(7) OTHER TERMS DEFINED.— As used in this subsection: