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 Re-
form 
A BILL 
To amend title 5, United States Code, to provide for access 
of the Special Counsel to certain information. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘OSC Access Act’’. 
SEC. 2. ADEQUATE ACCESS OF SPECIAL COUNSEL TO IN-
FORMATION. 
Section 1212(b) of title 5, United States Code, is 
amended by adding at the end the following: 
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‘‘(5)(A) Except as provided in subparagraph (B), the 
Special Counsel, in carrying out this subchapter, is au-
thorized to— 
‘‘(i) have timely access to all records, data, re-
ports, audits, reviews, documents, papers, rec-
ommendations, or other material available to the ap-
plicable agency that relate to an investigation, re-
view, or inquiry conducted under— 
‘‘(I) section 1213, 1214, 1215, or 1216 of 
this title; or 
‘‘(II) section 4324(a) of title 38; 
‘‘(ii) request from any agency the information 
or assistance that may be necessary for the Special 
Counsel to carry out the duties and responsibilities 
of the Special Counsel under this subchapter; and 
‘‘(iii) require, during an investigation, review, or 
inquiry of an agency, the agency to provide to the 
Special Counsel any record or other information that 
relates to an investigation, review, or inquiry con-
ducted under— 
‘‘(I) section 1213, 1214, 1215, or 1216 of 
this title; or 
‘‘(II) section 4324(a) of title 38. 
‘‘(B)(i) The authorization of the Special Counsel 
under subparagraph (A) shall not apply with respect to 
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any entity listed in section 2302(a)(2)(C) (ii) or (iii) un-
less the Special Counsel is investigating, or otherwise car-
rying out activities relating to the enforcement of, an ac-
tion under subchapter III of chapter 73. 
‘‘(ii) The Attorney General or an Inspector General 
may withhold from the Special Counsel material described 
in subparagraph (A) if— 
‘‘(I) 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 mate-
rial; and 
‘‘(II) the Attorney General or the Inspector 
General, as applicable, submits to the Special Coun-
sel a written report that describes— 
‘‘(aa) the material being withheld; and 
‘‘(bb) the reason that the material is being 
withheld. 
‘‘(C)(i) A claim of common law privilege by an agen-
cy, or an officer or employee of an agency, shall not pre-
vent the Special Counsel from obtaining any material de-
scribed in subparagraph (A) with respect to the agency. 
‘‘(ii) The submission of material described in sub-
paragraph (A) by an agency to the Special Counsel may 
not be deemed to waive any assertion of privilege by the 
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agency against a non-Federal entity or against an indi-
vidual in any other proceeding. 
‘‘(iii) With respect to any record or other information 
made available to the Special Counsel by an agency under 
subparagraph (A), the Special Counsel may only disclose 
the record or information for a purpose that is in further-
ance of any authority provided to the Special Counsel in 
this subchapter. 
‘‘(6) The Special Counsel shall submit to the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate, the Committee on Oversight and Govern-
ment Reform of the House of Representatives, and each 
committee of Congress with jurisdiction over the applica-
ble agency a report regarding any case of contumacy or 
failure to comply with a request submitted by the Special 
Counsel under paragraph (5)(A).’’. 
Æ 
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