Page:United States Statutes at Large Volume 102 Part 5.djvu/195

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PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4201

"(A) to use not less than 10 percent to provide services and programs for seriously emotionally disturbed children and adolescents; and "(B) to use, by the end of fiscal year 1990, not less than 50 percent of the amount reserved by the State pursuant to subparagraph (A) to provide new or expanded services and programs that were not available prior to October 1, 1988". SEC. 2034. CERTAIN REQUIRED AGREEMENTS.

Section 1916(c) of the Public Health Service Act (42 U.S.C. 300x4(c)) is amended by adding after paragraph (15) the following new paragraphs: "(16) The State agrees that the State will, with respect to state and local programs of treatment for intravenous drug abuse, require that governments. any such program receiving funds pursuant to this part, upon reaching 90 percent of its capacity to admit individuals to the program, provide to the State a notification of such fact. "(17) The State agrees that the State will, with respect to notifications under paragraph (16), ensure that, to the maximum extent practicable, each individual who requests and is in need of treatment for intravenous drug abuse is admitted to a program described in such paragraph within 7 days after making the request. "(18) The State agrees that the State will require any program receiving funds pursuant to this part to carry out outreach activities described in 1915(c)(1)(C). "(19) The State agrees that, in carrying out this subpart with respect to substance abuse, payments under section 1914 will be targeted to communities with the highest prevalence of substance abuse or the greatest need for treatment services with respect to such abuse, as determined by the State after consideration of— "(A) the demand for such services or a need for such services that exceeds the capacity to provide such services; "(B) a high prevalence of drug-related criminal activities; and "(C) a high incidence of communicable diseases transmitted through intravenous drug abuse. "(20) The State agrees that the State will provide to the Secretary any data required by the Secretary pursuant to section 509D and will cooperate with the Secretary in the development of uniform criteria for the collection of data pursuant to such section. "(21) The State agrees to devise and make available at such times as the Secretary may request, a plan that describes how the State can provide services to all individuals seeking treatment services if sufficient resources are available and an estimate of the financial and personnel resources necessary to provide such treatment.". SEC. 2035. REQUIREMENT OF ESTABLISHMENT OF MENTAL HEALTH SERVICES PLANNING COUNCIL.

(a) IN GENERAL.—Section 1916(f) of the Public Health Service Act (42 U.S.C. 300x-4(f)) is amended to read as follows: "(fKD The State agrees to establish and maintain a State mental health planning council in accordance with this subsection. "(2) The duties of the Council will be—

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