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sion period followed by a reinstatement of lim-
ited driving privileges for the propose of getting
to and from work, school, or an alcohol treat-
ment program if an ignition interlock device is
installed on each of the motor vehicles owned or
operated, or both, by the individual;’’.
SEC. 1408. REPAIR OR REPLACEMENT OF HIGHWAY FEA-
TURES ON NATIONAL HIGHWAY SYSTEM.
(a) RULEMAKING PROCEEDING.—The Secretary shall
conduct a rulemaking proceeding to determine the appro-
priate conditions under which a State when choosing to
repair or replace damaged highway features on the Na-
tional Highway System with State funds (rather than with
available Federal financial assistance) should be required
to repair or replace such features with highway features
that have been tested, evaluated, and found to be accept-
able under the guidelines contained in the report of the
Transportation Research Board of the National Research
Council entitled ‘‘NCHRP Report 350-Recommended Pro-
cedures for the Safety Performance Evaluation of High-
way Features’’.
(b) MATTERS TO BE CONSIDERED.—The rulemaking
proceeding shall cover those highway features that are cov-
ered by the guidelines referred to in subsection (a). The
conditions to be considered by the Secretary in the rule-
219
making proceeding shall include types of highway features,
cost-effectiveness, and practicality of replacement with
highway features that have been found to be acceptable
under such guidelines.
(c) REGULATIONS.—Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue
regulations regarding the conditions under which States
when choosing to repair or replace damaged highway fea-
tures described in subsection (a) will be required to repair
or replace such features with highway features that have
been tested, evaluated, and found to be acceptable as de-
scribed in subsection (a).
SEC. 1409. RENTED OR LEASED MOTOR VEHICLES.
(a) IN GENERAL.—Subchapter I of chapter 301 of
title 49, United States Code, is amended by adding at the
end the following:
‘‘§ 30106. Rented or leased motor vehicle safety and
responsibility
‘‘(a) IN GENERAL.—An owner of a motor vehicle that
rents or leases the vehicle to a person (or an affiliate of
the owner) shall not be liable under the law of any State
or political subdivision thereof, by reason of being the
owner of the vehicle (or an affiliate of the owner), for
harm to persons or property that results or arises out of
220
the use, operation, or possession of the vehicle during the
period of the rental or lease, if—
‘‘(1) the owner (or an affiliate of the owner) is
engaged in the trade or business of renting or leas-
ing motor vehicles; and
‘‘(2) there is no negligence or criminal wrong-
doing on the part of the owner (or an affiliate of the
owner).
‘‘(b) FINANCIAL RESPONSIBILITY LAWS.—Nothing
in this section supersedes the law of any State or political
subdivision thereof—
‘‘(1) imposing financial responsibility or insur-
ance standards on the owner of a motor vehicle for
the privilege of registering and operating a motor ve-
hicle; or
‘‘(2) imposing liability on business entities en-
gaged in the trade or business of renting or leasing
motor vehicles for failure to meet the financial re-
sponsibility or liability insurance requirements under
State law.
‘‘(c) APPLICABILITY AND EFFECTIVE DATE.—Not-
withstanding any other provision of law, this section shall
apply with respect to any action commenced on or after
the date of enactment of this section without regard to
whether the harm that is the subject of the action, or the
221
conduct that caused the harm, occurred before such date
of enactment.
‘‘(d) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) AFFILIATE.—The term ‘‘affiliate’’ means a
person other than the owner that directly or indi-
rectly controls, is controlled by, or is under common
control with the owner. In the preceding sentence,
the term ‘‘control’’ means the power to direct the
management and policies of a person whether
through ownership of voting securities or otherwise.
‘‘(2) OWNER.—The term ‘owner’ means a per-
son who is—
‘‘(A) a record or beneficial owner, holder of
title, lessor, or lessee of a motor vehicle;
‘‘(B) entitled to the use and possession of
a motor vehicle subject to a security interest in
another person; or
‘‘(C) a lessor, lessee, or a bailee of a motor
vehicle, in the trade or business of renting or
leasing motor vehicles, having the use or posses-
sion thereof, under a lease, bailment, or other-
wise.
‘‘(3) PERSON.—The term ‘person’ means any
individual, corporation, company, limited liability
222
company, trust, association, firm, partnership, soci-
ety, joint stock company, or any other entity.’’.
(b) CLERICAL AMENDMENT.—The analysis for such
chapter is amended by inserting after the item relating
to section 30105 the following:
‘‘30106. Rented or leased motor vehicle safety and responsibility.’’.
Subtitle E—Construction and
Contract Efficiencies
SEC. 1501. DESIGN—BUILD.
(a) QUALIFIED PROJECTS.—Section 112(b)(3)(C) of
title 23, United States Code, is amended to read as fol-
lows:
‘‘(C) QUALIFIED
PROJECTS.—A qualified
project referred to in subparagraph (A) is a
project under this chapter for which the Sec-
retary has approved the use of design-build con-
tracting under criteria specified in regulations
issued by the Secretary.’’.
(b) 
EXPERIMENTAL
PROCUREMENT.—Section
112(b)(3) of such title is further amended—
(1) by redesigning subparagraph (D) as sub-
paragraph (G); and
(2) by inserting after subparagraph (C) the fol-
lowing:
‘‘(D) EXPERIMENTAL PROCUREMENT.—As
part of any experimental program carried out
223
under this section, the Secretary shall evaluate
the use of procurement procedures under this
paragraph where subjective evaluation criteria
account for the majority of the selection deter-
mination.
‘‘(E) LIMITATION
ON
STATUTORY
CON-
STRUCTION.—Nothing in this section shall be
construed as effecting the authority to carry out
any experimental program concerning design-
build contracting that is being carried out by
the Secretary on the date of enactment of this
subparagraph.
‘‘(F) REPORT.—Not later than 3 years
after the date of enactment of this subpara-
graph, the Secretary shall transmit to Congress
a report on the effectiveness of design-build
contracting procedures in which the majority of
the selection determinations are made based on
subjective criteria in accordance with subpara-
graph (D).’’.
SEC. 1502. WARRANTY HIGHWAY CONSTRUCTION PROJECT
PILOT PROGRAM.
(a) IN GENERAL.—The Secretary shall establish and
implement a pilot program designed to encourage States