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 any entity 
listed in section 2302(a)(2)(C)(ii) or (iii) unless the Special 
Counsel is investigating, or otherwise carrying out activi-
ties relating to the enforcement of, an action under sub-
chapter 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, or the material may not be disclosed pursuant 
to court order or has been filed under seal pursuant 
to section 3730 of title 31; and 
‘‘(II) the Attorney General or the Inspector Gen-
eral, as applicable, submits to the Special Counsel a 
written report that describes— 
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‘‘(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 agency, 
or an officer or employee of an agency, shall not prevent 
the Special Counsel from obtaining any material described 
in subparagraph (A) with respect to the agency. 
‘‘(ii) The submission of material described in subpara-
graph (A) by an agency to the Special Counsel may not 
be deemed to waive any assertion of privilege by the agency 
against a non-Federal entity or against an individual 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 Government 
Reform of the House of Representatives, and each committee 
of Congress with jurisdiction over the applicable agency a 
report regarding any case of contumacy or failure to com-
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ply with a request submitted by the Special Counsel under 
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 Spe-
cial Counsel to certain information, and for other pur-
poses.’’. 
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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 
for access of the Special Counsel to certain infor-
mation. 
JULY 28, 2017 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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