Sec. 2. IMPACT AID PROGRAM
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## SEC. 2 IMPACT AID PROGRAM **[**[20 U.S.C. 7705 note](/us/usc/t20/s7705)**]** Due to the public health emergency relating to COVID-19 and notwithstanding sections 7002(j) and 7003(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(j), 7703(c)), a local educational agency desiring to receive a payment under section 7002 or 7003 of such Act (20 U.S.C. 7702, 7703) for fiscal year 2022 that also submitted an application for such payment for fiscal year 2021 shall, in the application submitted under section 7005 of such Act (20 U.S.C. 7705) for fiscal year 2022— ####
(1)with respect to a requested payment under section 7002 of such Act— #####
(A)use the data described in section 7002(j) of such Act relating to calculating such payment that was submitted by the local educational agency in the application for fiscal year 2021; or #####
(B)use the data relating to calculating such payment for the fiscal year required under section 7002(j) of such Act; and ####
(2)with respect to a requested payment under section 7003 of such Act— #####
(A)use the student count data relating to calculating such payment that was submitted by the local educational agency in the application for fiscal year 2021, provided that payments for fiscal year 2022 shall be calculated by the Secretary using the expenditures and rates described in clauses (i), (ii), (iii), and
(iv)of section 7003(b)(1)(C) of such Act that would otherwise apply for fiscal year 2022; or #####
(B)use the student count data relating to calculating such payment for the fiscal year required under section 7003(c) of such Act.
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