123STA T .497PUBLIC LA W 111 –5—FE B. 17 , 2 0 09 fortheS t a te ’sFMAP for f i s c a ly ear 201 0 ,b efore the a p plicatio n of this section
an d(3) fiscal year 2011 is less than the FMAP as so deter m ined for fiscal year 200 8 , fiscal year 200 9 (after the application of para g raph (1)), or fiscal year 2010 (after the application of paragraph (2)), the greatest of s u ch FMAP for the State for fiscal year 2008, fiscal year 2009, or fiscal year 2010 shall be substituted for the State’s FMAP for fiscal year 2011, before the application of this section, but only for the first calendar q uarter in fiscal year 2011 . (b) GEN E RAL6 .2 PER C EN T A G EP OI NT I NCREA S E. — (1) IN GENERAL.—Sub j ect to subsections (e), (f), and (g) and paragraph (2), for each State for calendar quarters during the recession adjustment period (as defined in subsection (h)(3)), the FMAP (after the application of subsection (a)) shall be increased ( w ithout regard to any limitation otherwise specified in section 190 5 (b) of the Social Security Act ( 4 2 U .S. C . 1396d(b))) by 6.2 percentage points. (2) S P ECIAL ELECTION F OR TERRITORIES.—In the case of a State that is not one of the 50 States or the D istrict of Columbia, paragraph (1) shall only apply if the State ma k es a one - time election, in a form and manner specified by the Secretary and for the entire recession adjustment period, to apply the increase in FMAP under paragraph (1) and a 15 percent increase under subsection (d) instead of applying a 30 percent increase under subsection (d). (c) A D DITIONAL R ELIEF B ASED ON INCREASE IN UNE M PLO Y - MENT.— (1) IN GENERAL.—Subject to subsections (e), (f), and (g), if a State is a qualifying State under paragraph (2) for a calendar quarter occurring during the recession adjustment period, the FMAP for the State shall be further increased by the number of percentage points equal to the product of— (A) the State percentage applicable for the State under section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) after the application of subsection (a) and after the application of 1⁄2 of the increase under subsection (b); and (B) the applicable percent determined in paragraph (3) for the calendar quarter (or, if greater, for a pre v ious such calendar quarter). (2) QU ALIFYING CRITERIA.— (A) IN GENERAL.—For purposes of paragraph (1), a State qualifies for additional relief under this subsection for a calendar quarter occurring during the recession adjustment period if the State is 1 of the 50 States or the District of Columbia and the State satisfies any of the following criteria for the quarter
(i) T he State unemployment increase percentage (as defined in paragraph (4)) for the quarter is at least 1.5 percentage points but less than 2.5 percentage points. (ii) The State unemployment increase percentage for the quarter is at least 2.5 percentage points but less than 3.5 percentage points. (iii) The State unemployment increase percentage for the quarter is at least 3.5 percentage points. Ap p licab ili ty.
