Page:United States Statutes at Large Volume 104 Part 3.djvu/535

 PUBLIC LAW 101-511—NOV. 5, 1990 104 STAT. 1887 ness and strategic considerations of the Navy and Naval Reserve; and will not adversely impact on the quality of life and economic benefits of the individual serviceperson or have an adverse economic impact on a geographic area. SEC. 8054. None of the funds appropriated in this Act may be available for offshore procurement of second or third generation night vision image intensifier tubes and devices: Provided, That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations that such an acquisition must be made in order to acquire capability for national security purposes. SEC. 8055. None of the funds available to the Department of Defense, including expired appropriations and M account balances, may be used for the B-lB's ALQ-161A CORE program unless the Secretary of Defense has notified the Congress in advance of his intention to use funds for such purpose: Provided, That no funds available to the Department of Defense may be used for research, development, test, evaluation, installation, integration, or procurement of an advanced radar warning receiver for the B-IB. SEC. 8056. (a) INDEMNIFICATION. —(1) The United States Air Force New Hampshire, shall, except as provided in paragraph (2), hold harmless, defend, and indemnify in full— (A) the State of New Hampshire; (B) any political subdivision of the State; and (C) the lenders, officers, agents and employees of the State or political subdivision of the State, from and against all suits, claims, demands or actions, liabilities, judgments, costs and attorney's fees arising out of, or in any manner predicated upon releases or threatened releases of hazardous substances, or pollutants or contaminants resulting from Department of Defense activities at Pease Air Force Base in New Hampshire. (2)(A) With respect to the State of New Hampshire and the lenders, officers, agents and employees of the State, to the extent the State or its lenders, officers, agents or employees caused or contributed to any such releases or threatened releases, paragraph (1) shall not apply. (B) With respect to any political subdivision of the State of New Hampshire and the lenders, officers, agents and employees of the political subdivision, to the extent the political subdivision or its lenders, officers, agents or employees caused or contributed to any such releases or threatened releases, paragraph (1) shall not apply. OJ) DEFINITIONS.— (1) As used in this section, the terms "hazardous substance," "facility," "pollutant or contaminant," "response," and "release" shall have the meanings provided in section 101 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended. (2) As used in this section, the term "lender" shall mean any person who, without participating in the management of the facility, holds indicia of ownership primarily to protect his security interest in a facility located at Pease Air Force Base in New Hampshire. (3) As used in this section, the terms "the State of New Hampshire" and "the State" shall include the State's successors, assigns, transferees and lessees.

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