Page:United States Statutes at Large Volume 104 Part 6.djvu/201

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PUBLIC LAW 101-637—NOV. 28, 1990 104 STAT. 4591 "(F) Any additional costs to the local educational agency of meeting the special needs of disadvantaged students.", (d) CONFORMING AMENDMENT.— Section 504 is further amended by striking out subsection (c). SEC. 6. FINANCIAL ASSISTANCE. (a) APPLICATION APPROVAL DEADLINE. —Subsection (b) of section 505 is amended— 20 USC 4014. (1) in paragraph (2), by striking out "applications shall be submitted," and inserting in lieu thereof "the Governor shall submit applications,"; (2) in paragraph (2), by adding at the end the following: "The Administrator shall approve or disapprove applications for financial assistance no later than April 30 of each year."; and (3) by striking out paragraph (3). OJ) RANKING APPLICATIONS.—Subsection (c)(2)(B)(iv) of section 505 is amended by striking out "is cost-effective compared to other techniques including management of material containing asbestos" and inserting in lieu thereof "uses the least burdensome methods which protect human health and the environment". (c) DELETION OF REFERENCE TO DEPARTMENT OF EDUCATION REPORT. —Subsection (c)(3) of such section is amended by striking out "shall consider—" and gdl that follows through the end of the paragraph and inserting in lieu thereof the following: "shall consider the financial resources available to the applicant as certified by the Governor pursuant to section 50403X4).". (d) ADDITIONAL LIMITATION.—Subsection (d) of such section is amended to read as follows: "(d) LIMITATION.— In no event shall financial assistance be provided under this title to an applicant if— "(1) the Administrator determines that such applicant has resources adequate to support an appropriate asbestos materials abatement program; or "(2) the applicant is not in compliance with title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.).". (e) REQUIREMENT TO DEPOSIT FUNDS INTO ASBESTOS TRUST FUND. — Subsection (f) of such section is amended in paragraph (3) by striking out "for deposit in the general fund" and inserting in lieu thereof the following: "for deposit in the Asbestos Trust Fund established by section 5 of the Asbestos Hazard Emergency Response Act (Public Law 99-519; 20 U.S.C. 4022)". (f) ADDITIONAL REQUIREMENTS FOR APPLICATION APPROVAL. — Subsection (g) of such section is amended— (1) in paragraph (1), by striking out "within the five-year period beginning on the effective date of this title" and inserting in lieu thereof "in accordance with such procedures as may be developed by the Administrator"; (2) in paragraph (2)(B), by amending clauses (i) and (ii) to read as follows: "(i) the local educational agency has prepared and is implementing an asbestos management plan, as required under title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.); and "(ii) all activities to be conducted with the financial assistance will be performed by individuals trained and accredited in conformance with title II of the Toxic Sub-