[Congressional Record Volume 163, Number 130 (Tuesday, August 1, 2017)]
[Senate]
[Pages S4680-S4681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 746. Mr. PORTMAN (for Mr. Johnson) proposed an amendment to the 
bill S. 582, to reauthorize the Office of Special Counsel, and for 
other purposes; as follows:

       On page 3, strike lines 10 through 23 and insert the 
     following:
       ``(ii) An Inspector General may withhold from the Special 
     Counsel material described in subparagraph (A) if the 
     Inspector General determines that the material contains 
     information derived from, or pertaining to, intelligence 
     activities.
       ``(iii) The Attorney General or an Inspector General may 
     withhold from the Special Counsel material described in 
     subparagraph (A) if--
       ``(I)(aa) disclosing the material could reasonably be 
     expected to interfere with a criminal investigation or 
     prosecution that is ongoing as of the date on which the 
     Special Counsel submits a request for the material; or

[[Page S4681]]

       ``(bb) the material--

       ``(AA) may not be disclosed pursuant to a court order; or
       ``(BB) has been filed under seal under section 3730 of 
     title 31; and

       ``(II) the Attorney General or the Inspector General, as 
     applicable, submits to the Special Counsel a written report 
     that describes--

       ``(aa) the material being withheld; and
       ``(bb) the reason that the material is being withheld.

       On page 33, after line 8, add the following:

     SEC. 14. TECHNICAL AMENDMENT.

       Section 1214(b)(1)(B)(ii) of title 5, United States Code, 
     as amended by section 1 of the Act entitled ``An Act to amend 
     section 1214 of title 5, United States Code, to provide for 
     stays during a period that the Merit Systems Protection Board 
     lacks a quorum.'' (S. 1083, 115th Congress, 1st Session), is 
     amended by striking ``who was appointed, by and with the 
     advice and consent of the Senate,''.

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