Page:United States Statutes at Large Volume 106 Part 2.djvu/669

 PUBLIC LAW 102-388—OCT. 6, 1992 106 STAT. 1549 "(ii) If such funds would have been apportioned under section 104(b)(5)(B) but for this section, such funds shall remain available until the end of the second fiscal year following the fiscal year for which such funds are authorized to be appropriated. "(iii) If such funds would nave been apportioned under paragraph (1), (3), or (5) of section 104(b) but for this section, such funds shall remain available until the end of the third fiscal year following the fiscal year for which such funds are authorized to be appropriated. ^(B) FUNDS WITHHELD AFTER SEPTEMBER 30, 1995.—No funds withheld under this section from apportionment to any State after September 30, 1995, shall be available for apportionment to such State. "(2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLI- ANCE.—If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (a)(3), the Secretary shall, on the first day on which the State meets the requirements of subsection (a)(3), apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. "(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPOR- TIONED FUNDS.—Any fluids apportioned pursuant to paragraph (2) shall remain available for expenditure as follows: "(A) Funds which would have been originally apportioned under section 104(b)(5)(A) shall remain available until the end of the fiscal year succeeding the fiscal year in which such funds are apportioned under paragraph (2). "(B) Funds which would have been originally apportioned under paragraph (1), (3), or (5)(B) of section 104(b) shall remain available until the end of the third fiscal year succeeding the fiscal year in which such funds are so apportioned. Sums not obligated at the end of such period shall lapse or, in the case of funds apportioned under section 104(b)(5), shall lapse and be made available by the Secretary for projects in accordance with section 118(b). "(4) EFFECT OF NONCOMPLIANCE. —I f, at the end of the period for which funds withheld under subsection (a) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (a)(3), such funds shall lapse or, in the case of funds withheld from apportionment under section 104(b)(5), such funds shall lapse and be made available by the Secretary for projects in accordance with section 118(b). "(c) DEFINITIONS.— For purposes of this section— "(1) DRIVER'S LICENSE.— The term 'driver's license' means a license issued by a State to any individual that authorizes the individual to operate a motor vehicle on highwavs. "(2) DRUG OFFENSE.—The term 'drug offense means any criminal offense which proscribes-^ "(A) the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, msmufacture, cultivate, sell, or transfer any sub-

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