; or (B) the national average unemployment rate is equal to or greater than 9.5 percent at any point in the fiscal year. (d) Discretion in the provision of relief In determining the fiscal years for which to provide relief in accordance with subsections (a)(2) and (b) to a State that is eligible under tier II, III, IV, or V, the Secretary shall take into account the following: (1) In the case of a State that requests relief under subsection (a)(2), the fiscal years for which the State requests such relief, including— (A) if the State requests such relief for the fiscal year for which the determination of the State’s eligibility for such relief is made, the amount by which the State is unable to meet the requirements of section 499D(c) for such fiscal year; and (B) if the State requests such relief for the fiscal year succeeding the year described in subparagraph (A), the amount by which the State anticipates being unable to meet such requirements for such succeeding fiscal year. (2) In the case of a State that requests relief under subsection (b), the fiscal years for which the State requests such relief, including— (A) if the State requests such relief for the fiscal year for which the determination of the State’s eligibility for such relief is made, the extent to which the State is unable to meet the requirements of section 499B(b) for such fiscal year; and (B) if the State requests such relief for the fiscal year succeeding the year described in subparagraph (A), the extent to which the State anticipates being unable to meet such requirements for such succeeding fiscal year. (3) The actual or anticipated timing, severity, and duration of the unemployment rate increase during— (A) the fiscal year for which the determination of the State’s eligibility for such relief is made; (B) the fiscal year succeeding the fiscal year described in subparagraph (A)