Page:United States Statutes at Large Volume 101 Part 1.djvu/198

 101 STAT. 168

PUBLIC LAW 100-17—APR. 2, 1987

mines are appropriate. Advance payments may be made as !• necessary to carry out the program under this subsection. "(3) PERIOD OF AVAILABILITY.—Funds set aside to carry out this subsection shall remain available for the fiscal year in which such funds are made available and the three succeeding • fiscal years. Bridges. "(4) SET ASIDE.—As soon as practicable after the date of the enactment of the Federal-Aid Highway Act of 1987 in fiscal year 1987 and on October 1 of each of fiscal years 1988, 1989, 1990, ' and 1991, the Secretary shall set aside to carry out this subsec" -; '^ tion not to exceed V of 1 percent of the funds authorized to be 4 •^^'' appropriated for such fiscal year for the Federal-aid systems, for a. 38'J a highway assistance programs under section 103(e)(4) of this title, for bridge replacement and rehabilitation under section 144 of this title, for elimination of hazards under section 152 of this S- title, and for elimination of hazards of railway-highway cross* ings under section 130 of this title. In the case of funds au?' thorized for apportionment on the Interstate System, the Sec^' retary shall set aside that portion of such funds (subject to the •' overall limitation of VA of 1 percent) in the year next preceding the fiscal year for which such funds are authorized for such ai System. ' "(5) ANNUAL REPORT.—The Secretary shall transmit a report
 * annually beginning on January 1, 1988, to the Committee on

' Environment and Public Works of the Senate and the Commit-'" tee on Public Works and Transportation of the House of Rep^; resentatives which provides information on the progress and '-'•' research findings the program conducted under this subsection. "(6) LIMITATION OF REMEDIES.—

Claims.

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"(A) SAME REMEDY AS IF UNITED STATES.—The remedy against the United States provided by sections, 134603) and 2672 of title 28, United States Code, for injury, loss of property, personal injury, or death shall apply to any claim against the National Academy of Sciences for money damages for injury, loss of property, personal injury, or death caused by any negligent or wrongful act or omission arising from activities conducted under or in connection with this subsection. Any such claim shall be subject to the limitations and exceptions which would be applicable to such claim if such claim were against the United States. With respect to any such claim, the Secretary shall be treated as the head of the appropriate Federal agency for purposes of sections 2672 and 2675 of such title. "(B) ExcLUSiVENESS OF REMEDY.—The remedy referred to in subparagraph (A) shall be exclusive of any other civil action or proceeding for the purpose of determining liability arising from any such act or omission without regard to when the act or omission occurred. "(C) TREATMENT.—Employees of the National Academy of Sciences and other individuals appointed by the President of the National Academy of Sciences and acting on its behalf in connection with activities carried out under this subsection shall be treated as if they are employees of the Federal Government under section 2671 of title 28, United States Code, for purposes of a civil action or proceeding with respect to a claim described in subparagraph (A); and the civil action or proceeding shall proceed in the same

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