Pub. L. 115-141, div. H, tit. III, sec. 311 (as amended)

SEC. 311. [20 U.S.C. 7703 note] (a) Notwithstanding any other provision of law except as provided under subsection (c), with respect to a local educational agency that was notified by the Secretary in fiscal year 2017 of the agency’s eligibility to receive a basic support payment pursuant to section 7003(b)(2)(B)(i)(III) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(B)(i)(III)) for fiscal year 2017 but did not receive a payment under section 7003(b)(2) of such Act for fiscal year 2017, in addition to payments received by the local educational agency under section 7003(b)(1) of such Act, the Secretary shall reserve from funds appropriated to carry out section 7003(b) of such Act and make payments from such funds to such local educational agency for fiscal years 2017, 2018, 2019, and 2020 in the following amounts: (1) $3,000,000 for fiscal year 2017. (2) $5,000,000 for fiscal year 2018. (3) $4,000,000 for fiscal year 2019. (4) $4,000,000 for fiscal year 2020. (b) For fiscal year 2017, a local educational agency described in subsection (a) shall not be eligible for a basic support payment pursuant to section 7003(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)). (c) For fiscal year 2018 and succeeding fiscal years, if a local educational agency described in subsection (a) is eligible to receive a basic support payment pursuant to section 7003(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)), the payment received by the local educational agency shall be calculated under section 7003(b)(2) of such Act and not under subsection (a). (d) Section 7003(b)(2)(B) of the Elementary and Secondary Education Act (20 U.S.C. 7703(b)(2)(B)) is amended— (1) in clause (i)(III)— (A) in item (aa), by striking “and” after the semicolon; (B) in item (bb)(BB)— (i) by inserting “and received assistance for fiscal year 2017 pursuant to subparagraph (G)” after “not less than 65 percent”; and (ii) by inserting “and” after the semicolon; and (C) by adding at the end the following: “(cc) received assistance under subparagraph (A) of section 8003(b)(2), as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act (Public Law 114-95; 129 Stat. 1802), for a fiscal year prior to fiscal year 2017;” ; and (2) by striking clause (iii) and inserting the following: “(iii) Eligibility.— “(I) First time.—A local educational agency seeking a payment under this paragraph for the first time shall apply for and be determined eligible under clause (i) for 2 consecutive years before receiving such a payment, and shall not receive such a payment for the first year of eligibility. “(II) Resumption of eligibility.—A heavily impacted local educational agency described in clause (i) that becomes ineligible under such clause for 1 or more fiscal years may resume eligibility for a basic support payment under this paragraph for a subsequent fiscal year only if the agency meets the requirements of clause (i) for that subsequent fiscal year, except that such agency shall not receive a basic support payment under this paragraph until the fiscal year succeeding the fiscal year for which the eligibility determination is made.” . (e) [20 U.S.C. 7703 note] Section 579(c)(2) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2145)is amended, in the matter preceding subparagraph (A), by striking “for fiscal year 2017, 2018, or 2019,” and inserting “for fiscal year 2017 and any succeeding fiscal year,”.