123STA T .498PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 (B)MAINTE NAN C E OFS TAT U S .—IfaSt at equ a li fie s f or a d ditio n al relief under t h is su b se c tion for a calendar quarter , it shall be dee m edtoha v e qualified for such relief for each subsequent calendar quarter endin g before J ul y1 , 20 10. ( 3 ) AP P L ICA B LE PE R CENT.— (A) IN G ENERAL.— F or p urposes of paragraph (1), sub -j ect to subparagraph (B), the applicable percent is— (i) 5 .5 percent, if the State satisfies the criteria described in paragraph (2)(A)(i) for the calendar quarter
(ii) 8 .5 percent if the State satisfies the criteria described in paragraph (2)(A)(ii) for the calendar quarter; and (iii) 11.5 percent if the State satisfies the criteria described in paragraph (2)(A)(iii) for the calendar quarter. (B) MAINTENANCE OF H IGHER APPLICABLE PERCENT.— (i) H OL D HAR M LESS PERIOD.—If the percent applied to a State under subparagraph (A) for any calendar quarter in the recession adjustment period beginning on or after January 1, 200 9 , and ending before July 1, 2010, (determined w ithout regard to this subpara- graph) is less than the percent applied for the pre- ceding quarter (as so determined), the higher applicable percent shall continue in effect for each subsequent calendar quarter ending before July 1, 2010. (ii) N OTICE OF LO W ER APPLICABLE PERCENT.— T he Secretary shall notify a State at least 6 0 days prior to applying any lower applicable percent to the State under this paragraph. ( 4 ) C OMPUTATION OF STATE UNEMPLO Y MENT INCREASE PERCENTAGE.— (A) IN GENERAL.—In this subsection, the ‘ ‘State unemployment increase percentage ’ ’ foraStateforacal- endar quarter is equal to the number of percentage points (if any) by which— (i) the average monthly unemployment rate for the State for months in the most recent previous 3- consecutive-month period for which data are available, subject to subparagraph (C); e x ceeds (ii) the lowest average monthly unemployment rate for the State for any 3-consecutive-month period pre- ceding the period described in clause (i) and beginning on or after January 1, 2006. (B) A V ERAGE MONTHLY UNEMPLOYMENT RATE DEFINED.—In this paragraph, the term ‘‘average monthly unemployment rate’’ means the average of the monthly number unemployed, divided by the average of the monthly civilian labor force, seasonally adjusted, as determined based on the most recent monthly publications of the Bureau of L abor Statistics of the D epartment of Labor. (C) SPECIAL RULE.— W ith respect to— (i) the first 2 calendar quarters of the recession adjustment period, the most recent previous 3-consecu- tive-month period described in subparagraph (A)(i) Deadlin e .
