SET-ASIDE FOR FISCAL YEAR 1989 FOR TREATMENT FOR SUBSTANCE ABUSE.

SEC. 2023. SET-ASIDE FOR FISCAL YEAR 1989 FOR TREATMENT FOR SUBSTANCE ABUSE. Section 1912A of the Public Health Service Act, as added by section 2022, is amended by adding at the end the following new subsection: “(i)(1) For fiscal year 1989, the Secretary may not make payments to a State from amounts appropriated in the Anti-Drug Abuse Act of 1988 for allotments under this subpart unless the State agrees that— “(A) such payments will be expended only for the purpose of carrying out programs for substance abuse; and “(B) in carrying out such programs, the State will expend not less than 50 percent of such payments to carry out the programs 102 STAT. 4198 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 (1)(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.”.