PUBLIC LAW 101-589 —NOV. 16, 1990 104 STAT. 2913 (b) PAYMENTS.— Section 5(e)(l)(D) of Public Law 81-874 (20 U.S.C. 20 USC 240 240) (hereafter in this section referred to as the "Act") shall not "°*«- apply to any local educational agency that was an agency described in section 5(c)(2)(A)(ii) of the Act in fiscal year 1990 but is an agency described m section 5(c)(2)(A)(iii) in fiscal year 1991, 1992, or 1993 as a result of families moving off base due to a landfill or health concern or an environmental hazard, or due to risk assessment, investigation, testing or remediation for such concern or hazard, and any such local educational agency shall be deemed to belong to the category described in section 5(c)(2)(A)(ii) for each of the fiscal years 1991, 1992, and 1993. (c) SUNSET PROVISION.— The provisions of subsection (b) shall 20 USC 240 apply only during the period beginning on the date of enactment of "°*»- this Act and ending on September 30, 1993. (d) DISCRETIONARY ALLOCATIONS. — (1) IN GENERAL.— Section 5(e)(l)(B) of Public Law 81-874 (20 U.S.C. 240(e)(l)(B)) is amended to read as follows: "(B)(i) For any fiscal year banning after September 30, 1990, the Secretary shall first allocate to any local educational agency that is, and in fiscal year 1987 would have been, described in subsection (c)(3)(A)(i) and that received a payment under section 3(b) for fiscal year 1987, an amount that is not less than the product of— "(I) 100 percent of the per pupil amount paid to such agency under section 3(b) for fiscal year 1987; and "(II) the number of children described in section 3(b) in average daily attendance in the fiscal year for which the determination under section 3(b) is made, not to exceed the number of such eligible children claimed by such agency in fiscal year 1987. "(ii) If the amount appropriated for section 3(b) in any fiscal year exceeds the amount appropriated for such section for fiscal year 1990, the Secretary shall use such excess funds— "(I) first, to allocate to any such agency, for such children that exceed the number of such eligible children claimed by the agency in fiscal year 1987, the amount described in subsection (c)(3)(B)(i)(I); and "(II) second, to allocate remaining funds in accordance with subsection (c)(3)(B).". (2) SPECIAL RULE.—Section 5(e) of Public Law 81-874 (20 U.S.C. 240(e)) is further amended by striking out paragraph (3). SEC. 723. TECHNICAL AMENDMENT. Section 312(5) of the Adult Education Act (20 U.S.C. 1201a(5)) is amended by inserting ", or to perform a service function for," after "direction of " the first place it appears.
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