FUNDING LIMITATIONS

SEC. 3104. FUNDING LIMITATIONS (a) Fernald Litigation Settlement.— Of the funds authorized to be appropriated to the Department of Energy for fiscal year 1991 for operating expenses, not more than $20,500,000 may be used to pay the second installment of the settlement entered into by the Department of Energy in the case of In re: Fernald Litigation No. C-1–85–149, United States District Court for the Southern District of Ohio. (b) Inertial Confinement Fusion.— Of the funds authorized to be appropriated to the Department of Energy for fiscal year 1991 for operating expenses and plant and capital equipment, $175,000,000 shall be available for the defense inertial confinement fusion program. (c) Special Isotope Separation.— No funds authorized to be appropriated to the Department of Energy for fiscal year 1991 shall be available for design or construction of a Special Isotope Separation facility. (d) Security Investigations.— (1) No funds appropriated to the Department of Energy may be obligated or expended for the conduct of an investigation by the Department of Energy or any other Federal department or agency for purposes of determining whether104 STAT. 1829to grant a security clearance to an individual or a facility unless the Secretary of Energy determines both of the following: (A) That a current, complete investigation file is not available from any other department or agency of the Federal government with respect to that individual or facility. (B) That no other department or agency of the Federal government is conducting an investigation with respect to that individual or facility that could be used as the basis for determining whether to grant the security clearance. (2) For purposes of paragraph (1)(A), a current investigation file is a file on an investigation that has been conducted within the past five years.