115 STAT. 1526 PUBLIC LAW 107-110-^AN. 8, 2002 be allotted to each State based upon the number of children counted under section 1124(c) in such State multiplied by the product of— "(i) the amount in section 1124(a)(1)(B) for all States other than the Commonwealth of Puerto Rico, except that the amount determined under that subparagraph shall not be less that 34 percent or more than 46 percent of the average per pupil expenditure in the United States, and the amount in section 1124(a)(4) for the Commonwealth of Puerto Rico, except that the amount in section 1124(a)(4)(A)(ii) shall be 34 percent of the average per pupil expenditure in the United States; multiplied by "(ii) such State's effort factor described in paragraph (2); multiplied by "(iii) 1.30 minus such State's equity factor described in paragraph (3). "(B) STATE MINIMUM.— Notwithstanding any other provision of this section or section 1122, from the total amount available for any fiscal year to carry out this section, each State shall be allotted at least the lesser of— "(i) 0.35 percent of total appropriations; or "(ii) the average of— "(I) 0.35 percent of the total amount available to carry out this section; and "(II) 150 percent of the national average grant under this section per child described in section 1124(c), without application of a weighting factor, multiplied by the State's total number of children described in section 1124(c), without application of a weighting factor. "(2) EFFORT FACTOR.— " (A) IN GENERAL. —Except as provided in subparagraph (B), the effort factor for a State shall be determined in accordance with the succeeding sentence, except that such factor shall not be less than 0.95 nor greater than 1.05. The effort factor determined under this sentence shall be a fraction the numerator of which is the product of the 3-year average per-pupil expenditure in the State multiplied by the 3-year average per capita income in the United States and the denominator of which is the product of the 3-year average per capita income in such State multiplied by the 3-year average per-pupil expenditure in the United States. "(B) COMMONWEALTH OF PUERTO RICO.— The effort factor for the Commonwealth of Puerto Rico shall be equal to the lowest effort factor calculated under subparagraph (A) for any State. " (3) EQUITY FACTOR.— "(A) DETERMINATION.— "(i) IN GENERAL.— Except as provided in subparagraph (B), the Secretary shall determine the equity factor under this section for each State in accordance with clause (ii). "(ii) COMPUTATION.—
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