103 STAT. 606 PUBLIC LAW 101-93—AUG. 16, 1989 42 USC 300X-2 (2) ESTABLISHMENT OF WAIVER WITH RESPECT TO AVAILABILITY note. OF PAYMENTS.— (A) Notwithstanding paragraph (2) of section 1914(a) of the Public Health Service Act, as amended by section 2022(e) of the Anti-Drug Abuse Act of 1988 (Public Law 100- 690), the Secretary of Health and Human Services, upon the request of a State, may waive, with respect to fiscal year 1989, the requirement established in such paragraph if the Secretary determines that it is not practicable for the State to comply with such requirement. (B) If the Secretary approves a request for a waiver under subparagraph (A), amounts paid to a State for fiscal year 1989 under subpart 1 of part B of title XIX of the Public Health Service Act— (i) shall remain available for obligation by the State until October 1, 1990; and (ii) shall remain available for expenditure by the State until such date. (d) PREVENTION AND TREATMENT WITH RESPECT TO INTRAVENOUS DRUG ABUSE. —Section 1915(c) of the Public Health Service Act, as amended by section 2025 of the Anti-Drug Abuse Act of 1988 (Public 42 USC 300X-3. Law 100-690), is amended— (1) in paragraph (1)(C), by inserting "intravenous" before "drug"; and (2) in paragraph (2), by striking "and" at the end of subpara- graph (A) and inserting "or". (e) NEW MENTAL HEALTH SERVICES AND PROGRAMS.— Section 1916(c)(2)(A) of the Public Health Service Act, as amended by section 42 USC 300X-4. 2027 of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), is amended by striking "this part" and inserting "this subpart". (f) INDEPENDENT PEER REVIEW AND MANNER OF COMPLIANCE. — (1) FACILITATING EXECUTION OF AMENDMENT. — Section 2028 of 42USe300x-4. the Anti-Drug Abuse Act of 1988 (Public Law 100-690) is amended in the matter preceding paragraph (1) by striking "1916" and inserting "1916(c)". (2) CORRECTION OF SENTENCE STRUCTURE. — Section 1916(cK5) of the Public Health Service Act, as amended pursuant to para- graph (1) of this subsection and section 2028 of the Anti-Drug Abuse Act of 1988 (Public Law 100-690), is amended by striking "the State will" and inserting "The State agrees to". (g) INTRASTATE ALLOCATIONS.— (1) IN GENERAL. —Section 1916(c)(6)(A) of the Public Health Service Act (42 U.S.C. 300x-4(c)(6)(A)) is amended by amending the matter preceding clause (i) to read as follows: "Except as provided in subparagraph (B), the State agrees to use the funds allotted to it each fiscal year under section 1912A for the mental health and alcohol and drug abuse activities authorized in section 1915 as follows:". (2) DETERMINATION OF ALLOCATION FOR MENTAL HEALTH PRO- GRAMS.— Clause (i) of section 1916(c)(6)(A) of the Public Health Service Act (42 U.S.C. 300x-4(c)(6)(A)) is amended— (A) by inserting "and" after "Systems Act"; (B) by striking "State in fiscal year 1980" and inserting "State (I) in fiscal year 1980"; and (C) by inserting before the period the following: ", (II) in fiscal year 1988 under part C of this title (as such part was in effect for such fiscal year), and (III) in fiscal year 1989
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