CONTINUATION OF FUNCTIONS AND POWERS DURING LOSS OF QUORUM.

SEC. 3202. CONTINUATION OF FUNCTIONS AND POWERS DURING LOSS OF QUORUM. Section 311(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2286(e)) is amended— (1) by striking “Three members” and inserting “(1) Three members”; and (2) by adding at the end the following new paragraphs: “(2) In accordance with paragraph (4), during a covered period, the Chairperson, in consultation with an eligible member, may carry out the functions and powers of the Board under sections 312 through 316, notwithstanding that a quorum does not exist. “(3) Not later than 30 days after a covered period begins, the Chairperson shall notify the congressional defense committees that a quorum does not exist. “(4) The Chairperson may make recommendations to the Secretary of Energy and initiate investigations into defense nuclear facilities under section 312 pursuant to paragraph (2) only if— “(A) a period of 30 days elapses following the date on which the Chairperson submits the notification required under paragraph (3); “(B) not later than 30 days after making any such recommendation or initiating any such investigation, the Chairperson notifies the congressional defense committees of such recommendation or investigation; and “(C) any eligible member concurs with such recommendation or investigation. “(5) In this subsection: “(A) The term ‘congressional defense committees’ has the meaning given such term in section 101(a) of title 10, United States Code. “(B) The term ‘covered period’ means a period beginning on the date on which a quorum specified in paragraph (1) does not exist by reason of either or both a vacancy in the membership of the Board or the incapacity of a member of the Board and ending on the earlier of— “(i) the date that is one year after such beginning date; or “(ii) the date on which a quorum exists. “(C) The term ‘eligible member’ means a member of the Board, other than the Chairperson, serving during a covered period and who is not incapacitated.” .