23 U.S.C. § 159 — Revocation or suspension of drivers’ licenses of individuals convicted of drug offenses

(a) Withholding of Apportionments for Noncompliance. (1) Beginning in fiscal year 1996: Starting in fiscal year 1996, the Secretary must withhold 10 percent of specific highway funds from any state that doesn't meet the requirements of paragraph (3). (2) Fiscal year 2012 and thereafter: Starting in fiscal year 2012, the withheld amount changes to 8 percent of funds apportioned under section 104(b)(1) and (2), still tied to meeting paragraph (3)'s requirements. (3) Requirements: A state meets the requirements if either: (A) it has enacted and enforces a law that — in all cases, or in the absence of compelling exceptions — (i) revokes, or suspends for at least 6 months, the driver's license of anyone convicted of a Controlled Substances Act violation or any other drug offense, and (ii) delays issuing or reinstating that license for at least 6 months after the person applies, if they didn't have a license or their license was already suspended when convicted; or (B) the state's Governor formally certifies to the Secretary — after the state legislature's next session — that the Governor opposes passing or enforcing such a law, and also submits written proof that the legislature (both chambers, where applicable) passed a resolution opposing such a law. (b) Effect of Noncompliance: Any highway funds withheld under this section are gone permanently — the state can't get them back later. (c) Definitions: (1) Driver's license means a license a state issues that lets someone drive on highways. (2) Drug offense means any crime involving: (A) possessing, distributing, manufacturing, growing, selling, transferring, or attempting or conspiring to do any of these, with a substance banned by the Controlled Substances Act; or (B) driving under the influence of such a substance. (3) Convicted includes being adjudicated guilty in juvenile court proceedings.