Public Law 111–5 111th Congress An Act - Loan Programs Office
Public Law 111–5 111th Congress An Act - Loan Programs Office
Public Law 111–5 111th Congress An Act - Loan Programs Office
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PUBLIC LAW <strong>111–5</strong>—FEB. 17, 2009<br />
123 STAT. 497<br />
ebenthall on POQ96SHH1 with PUBLAW<br />
for the State’s FMAP for fiscal year 2010, before the application<br />
of this section; and<br />
(3) fiscal year 2011 is less than the FMAP as so determined<br />
for fiscal year 2008, fiscal year 2009 (after the application<br />
of paragraph (1)), or fiscal year 2010 (after the application<br />
of paragraph (2)), the greatest of such FMAP for the State<br />
for fiscal year 2008, fiscal year 2009, or fiscal year 2010 shall<br />
be substituted for the State’s FMAP for fiscal year 2011, before<br />
the application of this section, but only for the first calendar<br />
quarter in fiscal year 2011.<br />
(b) GENERAL 6.2 PERCENTAGE POINT INCREASE.—<br />
(1) IN GENERAL.—Subject to subsections (e), (f), and (g)<br />
and paragraph (2), for each State for calendar quarters during<br />
the recession adjustment period (as defined in subsection (h)(3)),<br />
the FMAP (after the application of subsection (a)) shall be<br />
increased (without regard to any limitation otherwise specified<br />
in section 1905(b) of the Social Security <strong>Act</strong> (42 U.S.C.<br />
1396d(b))) by 6.2 percentage points.<br />
(2) SPECIAL ELECTION FOR TERRITORIES.—In the case of<br />
a State that is not one of the 50 States or the District of<br />
Columbia, paragraph (1) shall only apply if the State makes<br />
a one-time election, in a form and manner specified by the<br />
Secretary and for the entire recession adjustment period, to<br />
apply the increase in FMAP under paragraph (1) and a 15<br />
percent increase under subsection (d) instead of applying a<br />
30 percent increase under subsection (d).<br />
(c) ADDITIONAL RELIEF BASED ON INCREASE IN UNEMPLOY-<br />
MENT.—<br />
(1) IN GENERAL.—Subject to subsections (e), (f), and (g),<br />
if a State is a qualifying State under paragraph (2) for a<br />
calendar quarter occurring during the recession adjustment<br />
period, the FMAP for the State shall be further increased<br />
by the number of percentage points equal to the product of—<br />
(A) the State percentage applicable for the State under<br />
section 1905(b) of the Social Security <strong>Act</strong> (42 U.S.C.<br />
1396d(b)) after the application of subsection (a) and after<br />
the application of 1 ⁄2 of the increase under subsection (b);<br />
and<br />
(B) the applicable percent determined in paragraph<br />
(3) for the calendar quarter (or, if greater, for a previous<br />
such calendar quarter).<br />
(2) QUALIFYING CRITERIA.—<br />
(A) IN GENERAL.—For purposes of paragraph (1), a<br />
State qualifies for additional relief under this subsection<br />
for a calendar quarter occurring during the recession<br />
adjustment period if the State is 1 of the 50 States or<br />
the District of Columbia and the State satisfies any of<br />
the following criteria for the quarter:<br />
(i) The State unemployment increase percentage<br />
(as defined in paragraph (4)) for the quarter is at<br />
least 1.5 percentage points but less than 2.5 percentage<br />
points.<br />
(ii) The State unemployment increase percentage<br />
for the quarter is at least 2.5 percentage points but<br />
less than 3.5 percentage points.<br />
(iii) The State unemployment increase percentage<br />
for the quarter is at least 3.5 percentage points.<br />
Applicability.<br />
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