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Union Calendar No. 193 

115TH CONGRESS 

1ST SESSION H. R. 2195 

[Report No. 115–268] 

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 

JULY 28, 2017 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 27, 2017] 


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A BILL 

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

of the Special Counsel to certain information. 


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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: 

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

10 Special Counsel, in carrying out this subchapter, is author11 ized to— 

12 ‘‘(i) have timely access to all records, data, re13 ports, audits, reviews, documents, papers, rec14 ommendations, or other material available to the ap15 plicable agency that relate to an investigation, review, 

16 or inquiry conducted under— 

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

18 this title; or 

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

20 ‘‘(ii) request from any agency the information or 

21 assistance that may be necessary for the Special 

22 Counsel to carry out the duties and responsibilities of 

23 the Special Counsel under this subchapter; and 

24 ‘‘(iii) require, during an investigation, review, 

25 or inquiry of an agency, the agency to provide to the 


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1 Special Counsel any record or other information that 

2 relates to an investigation, review, or inquiry con3 ducted under— 

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

5 this title; or 

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

7 ‘‘(B)(i) The authorization of the Special Counsel under 

8 subparagraph (A) shall not apply with respect to any entity 

9 listed in section 2302(a)(2)(C)(ii) or (iii) unless the Special 

10 Counsel is investigating, or otherwise carrying out activi11 ties relating to the enforcement of, an action under sub12 chapter III of chapter 73. 

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

14 may withhold from the Special Counsel material described 

15 in subparagraph (A) if— 

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

17 expected to interfere with a criminal investigation or 

18 prosecution that is ongoing as of the date on which 

19 the Special Counsel submits a request for the mate20 rial, or the material may not be disclosed pursuant 

21 to court order or has been filed under seal pursuant 

22 to section 3730 of title 31; and 

23 ‘‘(II) the Attorney General or the Inspector Gen24 eral, as applicable, submits to the Special Counsel a 

25 written report that describes— 


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

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

3 withheld. 

4 ‘‘(C)(i) A claim of common law privilege by an agency, 

5 or an officer or employee of an agency, shall not prevent 

6 the Special Counsel from obtaining any material described 

7 in subparagraph (A) with respect to the agency. 

8 ‘‘(ii) The submission of material described in subpara9 graph (A) by an agency to the Special Counsel may not 

10 be deemed to waive any assertion of privilege by the agency 

11 against a non-Federal entity or against an individual in 

12 any other proceeding. 

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

14 made available to the Special Counsel by an agency under 

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

16 the record or information for a purpose that is in further17 ance of any authority provided to the Special Counsel in 

18 this subchapter. 

19 ‘‘(6) The Special Counsel shall submit to the Com20 mittee on Homeland Security and Governmental Affairs of 

21 the Senate, the Committee on Oversight and Government 

22 Reform of the House of Representatives, and each committee 

23 of Congress with jurisdiction over the applicable agency a 

24 report regarding any case of contumacy or failure to comVerDate Sep 11 2014 21:09 Jul 28, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2195.RH H2195

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1 ply with a request submitted by the Special Counsel under 

2 paragraph (5)(A).’’. 

Amend the title so as to read: ‘‘A bill to amend title 

5, United States Code, to provide for access of the Special Counsel to certain information, and for other purposes.’’. 


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Union Calendar No. 193 

115TH CONGRESS 

1ST SESSION H. R. 2195 

[Report No. 115–268] 

A BILL 

To amend title 5, United States Code, to provide 

mation. for access of the Special Counsel to certain inforJULY 28, 2017 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Sep 11 2014 21:09 Jul 28, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H2195.RH H2195

asabaliauskas on DSKBBXCHB2PROD with BILLS