(a) An extended benefit period is a period that:
(1) begins with the 3rd week after the 1st week for which there is a State “on” indicator but not earlier than the 14th week after the end of another extended benefit period; and
(2) ends with the later of:
(i) the 3rd week after the 1st week for which there is a State “off” indicator; or
(ii) the 13th consecutive week of the period.
(b) (1) A State “on” indicator for a week exists whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, is at least:
(i) 5%; and
(ii) 120% of the average of the rates for the corresponding 13–week period ending in each of the 2 preceding calendar years.
(2) After a State “on” indicator occurs under this subsection, a State “off” indicator for a week exists whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, is less than:
(i) 5%; or
(ii) 120% of the average of the rates for the corresponding 13–week period ending in each of the 2 preceding calendar years.
(c) (1) A State “on” indicator exists for a week whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, is at least 6%.
(2) After a State “on” indicator occurs under this subsection, a State “off” indicator exists for a week whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, was less than 6%.
(d) A State “on” indicator under subsection (b) or (c) of this section takes precedence over a State “off” indicator under subsection (c) or (b) of this section, respectively.
(e) (1) To compute the rate of insured unemployment under subsections (b) and (c) of this section, the Secretary shall:
(i) determine the average weekly number of individuals submitting claims for regular benefits in the State for weeks of unemployment during the most recent 13 consecutive weeks based on reports of the Secretary to the United States Secretary of Labor; and
(ii) divide that number by the average monthly number of employees engaged in covered employment for the 1st 4 of the 6 completed calendar quarters ending immediately before the 13 weeks.
(2) The Secretary shall make each computation under this subsection in accordance with regulations of the United States Secretary of Labor.
(f) The Secretary shall make an appropriate public announcement whenever an “on” indicator exists that begins or an “off” indicator exists that ends an extended benefit period.