Page:United States Statutes at Large Volume 102 Part 5.djvu/192

 102 STAT. 4198

PUBLIC LAW 100-690—NOV. 18, 1988

of treatment for intravenous drug abuse described in section 1915(c). "(2) The Secretary may, upon the request of a State, waive all or part of the requirement established in paragraph (I)(B) for the State if the Secretary determines that the incidence of intravenous drug abuse in the State does not require the level of funding required in such paragraph. The Secretary shall act upon a request for such a waiver not later than 120 days after the date on which the request is made. The Secretary may approve such a request only after providing interested persons in the State an opportunity to comment upon the request.". SEC. 2024. CONSTRUCTION OF SUBSTANCE ABUSE FACILITIES.

Section 1915(b) of the Public Health Service Act (42 U.S.C. 300x-3(b)) is amended by amending the matter after and below paragraph (5) to read as follows: The Secretary may, with respect to funds available under this subpart for programs relating to substance abuse, grant a waiver to a State to use such amounts for the construction of a new facility or rehabilitation of a existing facility, but not for land acquisition. The Secretary may approve a waiver only if the State demonstrates to the Secretary that adequate treatment cannot be provided through the use of existing facilities and that alternative facilities in existing suitable buildings are not available. In granting such a waiver, the Secretary shall allow the use of a specified amount of funds to construct or rehabilitate a specified number of beds for residential treatment and a specified number of slots for outpatient treatment, based on reasonable estimates by the State of the costs of construction or rehabilitation. In considering waiver applications, the Secretary shall ensure that the State has carefully designed a program that will minimize the costs of additional beds. The Secretary may grant a waiver only if the State agrees, with respect to the costs to be incurred by the State in carrying out the purpose of the waiver, to make available non-Federal contributions in cash toward such costs in an amount equal to not less than $1 for each $1 of Federal funds provided under section 1914. The Secretary shall act upon a request for such a waiver not later than 120 days after the date on which the request is made.". SEC. 2025. PREVENTION AND TREATMENT WITH RESPECT TO INTRAVENOUS DRUG ABUSE.

Section 1915(c) of the Public Health Service Act (42 U.S.C. 300x3(c)) is amended to read as follows: "(c)(1) Amounts paid to a State under section 1914 may be used by the State— "(A) to develop, implement, and operate programs of treatment for intravenous drug abuse, with priority given to programs to treat individuals infected with the etiologic agent for acquired immune deficiency syndrome; "(B) to train drug abuse counselors, and other health care providers, to provide such treatment; and "(C) with respect to individuals in need of treatment for drug abuse, to carry out outreach activities for the purpose of encouraging such individuals to undergo such treatment. "(2) A State may not use amounts under this subpart pursuant to this subsection unless the State involved agrees that such payments will not be expended—

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