115 STAT. 1572 PUBLIC LAW 107-110-^AN. 8, 2002 than 48 percent, of the average per-pupil expenditure in the United States. "(2) SUBSEQUENT YEARS.— "(A) BASE AMOUNT.— "(i) IN GENERAL.— Except as provided in subsection (b) and clause (ii), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part, for fiscal year 2003 and succeeding fiscal years, an amount equal to— "(I) the amount that such State received under this part for fiscal year 2002; plus "(II) the amount allocated to the State under subparagraph (B). "(ii) NONPARTICIPATING STATES.— In the case of a State (other than the Commonwealth of Puerto Rico) that did not receive any funds for fiscal year 2002 under this part, the State shall receive, for fiscal year 2003 and succeeding fiscal years, an amount equal to— "(I) the amount that such State would have received under this part for fiscal year 2002 if its application under section 1304 for the year had been approved; plus "(II) the amount allocated to the State under subparagraph (B). " (B) ALLOCATION OF ADDITIONAL AMOUNT.—For fiscal year 2003 and succeeding fiscal years, the amount (if any) by which the funds appropriated to carry out this part for the year exceed such funds for fiscal year 2002 shall be allocated to a State (other than the Commonwealth of Puerto Rico) so that the State receives an amount equal to— "(i) the sum of— "(I) the number of identified eligible migratory children, aged 3 through 21, residing in the State during the previous year; and "(II) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during such year; multiplied by "(ii) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this clause may not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States. " (b) ALLOCATION TO PUERTO RICO. — "(1) IN GENERAL.— For each fiscal year, the grant which the Commonwealth of Puerto Rico shall be eligible to receive under this part shall be the amount determined by multiplying the number of children who would be counted under subsection (a)(1)(A) if such subsection applied to the Commonwealth of Puerto Rico by the product of— "(A) the percentage which the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States; and
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