Pub. L. 109-59, tit. I, subtit. A, sec. 1110
TEMPORARY TRAFFIC CONTROL DEVICES.
SEC. 1110. TEMPORARY TRAFFIC CONTROL DEVICES.(a) Standards.—Section 109(e) of title 23, United States Code, is amended—(1) by striking “(e) No funds” and inserting the following:“(e) Installation of Safety Devices.—“(1) Highway and railroad grade crossings and drawbridges.—No funds”; and(2) by adding at the end the following:“(2) Temporary traffic control devices.—No funds shall be approved for expenditure on any Federal-aid highway, or highway affected under chapter 2, unless proper temporary traffic control devices to improve safety in work zones will be installed and maintained during construction, utility, and maintenance operations on that portion of the highway with respect to which such expenditures are to be made. Installation and maintenance of the devices shall be in accordance with the Manual on Uniform Traffic Control Devices.”.(b) Letting of Contracts.—Section 112 of such title is amended—(1) by striking subsection (f);(2) by redesignating subsection (g) as subsection (f); and(3) by adding at the end the following:“(g) Temporary Traffic Control Devices.—“(1) Issuance of regulations.—The Secretary, after consultation with appropriate Federal and State officials, shall issue regulations establishing the conditions for the appropriate use of, and expenditure of funds for, uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations.“(2) Effects of regulations.—Based on regulations issued under paragraph (1), a State shall—“(A) develop separate pay items for the use of uniformed law enforcement officers, positive protective measures between workers and motorized traffic, and installation and maintenance of temporary traffic control devices during construction, utility, and maintenance operations; and119 STAT. 1171“(B) incorporate such pay items into contract provisions to be included in each contract entered into by the State with respect to a highway project to ensure compliance with section 109(e)(2).“(3) Limitation.—Nothing in the regulations shall prohibit a State from implementing standards that are more stringent than those required under the regulations.“(4) Positive protective measures defined.—In this subsection, the term ‘positive protective measures’ means temporary traffic barriers, crash cushions, and other strategies to avoid traffic accidents in work zones, including full road closures.”.(c) Clarification of Date.—Section 109(g) of such title is amended in the first sentence by striking “The Secretary” and all that follows through “of 1970” and inserting “Not later than January 30, 1971, the Secretary shall issue”.