Page:United States Statutes at Large Volume 106 Part 2.djvu/668

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106 STAT. 1548 PUBLIC LAW 102-388—OCT. 6, 1992 the effective date of this section if the State does not meet the requirements of paragraph (3) on such date. "(2) BEGINNING IN FISCAL YEAR 1996. — The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (5) of section 104(b) on the first day of eadi nscal year which begins after the fourth calendar year following the effective date of this section if the State does not meet the requiremente of paragraph (3) on the first day of suchfiscalyear. "(3) REQUIREMENTS. —A State meete the requiremente of this paragraph if— "(A) the State has enacted and is enforcing a law that requires in all circumstances, or requires in the absence of compelling circumstences warranting an exception— "(i) the revocation, or suspension for at least 6 months, of the driver's license of any individual who is convicted, after the enactment of such law, of— "(I) any violation of the Controlled Substances Act, or "(11) any drug offense; and "(ii) a delay in the issuance or reinstatement of a driver's license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a driver's license if the individual does not have a driver's Ucense, or the driver's license of the individual is suspended, at the time the individual is so convicted; or "(B) the Governor of the State— "(i) submite to the Secretary no earlier than the adjournment sine die of the first regularly scheduled session of the State's legislature which begins after the effective date of this section a written certification steting that the Governor is opposed to the enactment or enforcement in the State of a law described in subparagraph (A), relating to the revocation, suspension, issuance, or reinstatement of drivers' licenses to convicted drug offenders; and "(ii) submite to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution expressing ite opposition to a law described in clause (i). "(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NON- COMPLIANCE. — "(1) PERIOD OF AVAILABILITY OF WITHHELD FUNDS. — "(A) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 3O, 1996.— Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 1995, shall remain available for apportionment to such State as follows: "(i) If such funds would have been apportioned under section 104(b)(5)(A) but for this section, such funds shall remain available until the end of the fiscal year for which such funds are authorized to be appropriated.