Sec. 3202. Continuation of functions and powers during loss of quorum
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Section 311(e) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286(e) ) is amended— by striking Three members and inserting
(1)Three members ; and by adding at the end the following new paragraphs: 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. Not later than 30 days after a covered period begins, the Chairperson shall notify the congressional defense committees that a quorum does not exist. 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 period of 30 days elapses following the date on which the Chairperson submits the notification required under paragraph (3); 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 any eligible member concurs with such recommendation or investigation. In this subsection: The term congressional defense committees has the meaning given such term in section 101(a) of title 10, United States Code. 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— the date that is one year after such beginning date; or the date on which a quorum exists. The term eligible member means a member of the Board, other than the Chairperson, serving during a covered period and who is not incapacitated. .
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Sec. 3202
Continuation of functions and powers during loss of quorum
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