PUBLIC LAW 105-206-^ULY 22, 1998 112 STAT. 845 '(4) FEDERAL SHARE. — The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent. ' (5) DERIVATION OF AMOUNT TO BE TRANSFERRED.—The amount to be transferred under paragraph (1) or (2) may be derived from one or more of the following:
- (A) The apportionment of the State under section
104(b)(1). f '(B) The apportionment of the State under section 104(b)(3). '(C) The apportionment of the State under section 104(b)(4). '(6) TRANSFER OF OBLIGATION AUTHORITY. — '(A) IN GENERAL.—If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402. '(B) AMOUNT. — The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying— '(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by '(ii) the ratio that—
- (I) the amount of obligation authority
distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to
- (II) the total of the sums apportioned to the
State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year. ' (7) LIMITATION ON APPLICABILITY OF OBLIGATION LIMITATION.—Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section.'. " (b) CONFORMING AMENDMENT. — The analysis for chapter 1 of such title is amended by inserting after the item relating to section 153 the following: '154. Open container requirements.'. "SEC. 1406. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIV- ING WHILE INTOXICATED OR DRIVING UNDER THE INFLUENCE. "(a) IN GENERAL.— Chapter 1 of title 23, United States Code, is amended by adding at the end the following:
- §164. Minimum penalties for repeat offenders for driving
while intoxicated or driving under the influence '(a) DEFINITIONS. — In this section, the following definitions apply:
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