Page:United States Statutes at Large Volume 105 Part 1.djvu/973

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PUBLIC LAW 102-143—OCT. 28, 1991 105 STAT. 945 apportioned to any State under each of paragraphs (1), (2), (5), and (6) of section 104(b) on the first day of each fiscal year which begins after the second calendar year following the effective date of this section if the State does not meet the requirements of paragraph (3) on such date. "(2) AFTER FOURTH CALENDAR YEAR.—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), (2), (5), and (6) of section 104(b) on the first day of each fiscal year which begins after the fourth calendar year following the effective date of this section if the State does not meet the requirements of paragraph (3) on the first day of such fiscal year. "(3) REQUIREMENTS. — A State meets the requirements 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 circumstances 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 "(II) 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 license, 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) submits 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 stating 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 its opposition to a law described in clause (i). "(b) PERIOD OF AVAILABILITY; EFFECT OF COMPUANCE AND NON- COMPUANCE. — "(1) PERIOD OF AVAILABILITY OF WITHHELD FUNDS. — "(A) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30, 1995. — 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 1040c)X5XA) 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.