I 

115TH CONGRESS 

1ST SESSION H. R. 2195 

To amend title 5, United States Code, to provide for access of the Special 

Counsel to certain information. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2017 

Mr. BLUM (for himself, Mr. CHAFFETZ, Mr. CUMMINGS, Miss RICE of New 

York, Mr. COFFMAN, and Ms. SPEIER) introduced the following bill; 

which was referred to the Committee on Oversight and Government Reform 

A BILL 

To amend title 5, United States Code, to provide for access 

of the Special Counsel to certain information. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘OSC Access Act’’. 

5 SEC. 2. ADEQUATE ACCESS OF SPECIAL COUNSEL TO IN6 FORMATION. 

7 Section 1212(b) of title 5, United States Code, is 

8 amended by adding at the end the following: 


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1 ‘‘(5)(A) Except as provided in subparagraph (B), the 

2 Special Counsel, in carrying out this subchapter, is au3 thorized to— 

4 ‘‘(i) have timely access to all records, data, re5 ports, audits, reviews, documents, papers, rec6 ommendations, or other material available to the ap7 plicable agency that relate to an investigation, re8 view, or inquiry conducted under— 

9 ‘‘(I) section 1213, 1214, 1215, or 1216 of 

10 this title; or 

11 ‘‘(II) section 4324(a) of title 38; 

12 ‘‘(ii) request from any agency the information 

13 or assistance that may be necessary for the Special 

14 Counsel to carry out the duties and responsibilities 

15 of the Special Counsel under this subchapter; and 

16 ‘‘(iii) require, during an investigation, review, or 

17 inquiry of an agency, the agency to provide to the 

18 Special Counsel any record or other information that 

19 relates to an investigation, review, or inquiry con20 ducted under— 

21 ‘‘(I) section 1213, 1214, 1215, or 1216 of 

22 this title; or 

23 ‘‘(II) section 4324(a) of title 38. 

24 ‘‘(B)(i) The authorization of the Special Counsel 

25 under subparagraph (A) shall not apply with respect to 


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1 any entity listed in section 2302(a)(2)(C) (ii) or (iii) un2 less the Special Counsel is investigating, or otherwise car3 rying out activities relating to the enforcement of, an ac4 tion under subchapter III of chapter 73. 

5 ‘‘(ii) The Attorney General or an Inspector General 

6 may withhold from the Special Counsel material described 

7 in subparagraph (A) if— 

8 ‘‘(I) disclosing the material could reasonably be 

9 expected to interfere with a criminal investigation or 

10 prosecution that is ongoing as of the date on which 

11 the Special Counsel submits a request for the mate12 rial; and 

13 ‘‘(II) the Attorney General or the Inspector 

14 General, as applicable, submits to the Special Coun15 sel a written report that describes— 

16 ‘‘(aa) the material being withheld; and 

17 ‘‘(bb) the reason that the material is being 

18 withheld. 

19 ‘‘(C)(i) A claim of common law privilege by an agen20 cy, or an officer or employee of an agency, shall not pre21 vent the Special Counsel from obtaining any material de22 scribed in subparagraph (A) with respect to the agency. 

23 ‘‘(ii) The submission of material described in sub24 paragraph (A) by an agency to the Special Counsel may 

25 not be deemed to waive any assertion of privilege by the 


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1 agency against a non-Federal entity or against an indi2 vidual in any other proceeding. 

3 ‘‘(iii) With respect to any record or other information 

4 made available to the Special Counsel by an agency under 

5 subparagraph (A), the Special Counsel may only disclose 

6 the record or information for a purpose that is in further7 ance of any authority provided to the Special Counsel in 

8 this subchapter. 

9 ‘‘(6) The Special Counsel shall submit to the Com10 mittee on Homeland Security and Governmental Affairs 

11 of the Senate, the Committee on Oversight and Govern12 ment Reform of the House of Representatives, and each 

13 committee of Congress with jurisdiction over the applica14 ble agency a report regarding any case of contumacy or 

15 failure to comply with a request submitted by the Special 

16 Counsel under paragraph (5)(A).’’. 

Æ 


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