Title: OSC Access Act
Policy area: Government Operations and Politics

Summary:
OSC Access Act
This bill expands the authority of the Office of Special Counsel (OSC) by allowing it to: (1) have timely access to material available to an agency that relates to an investigation, review, or inquiry relating to whistle-blower allegations or prohibited personnel practices; (2) request from any agency the information or assistance that may be necessary for it to carry out its duties and responsibilities; and (3) require, during an investigation, review, or inquiry of an agency, the agency to provide it any record or other information related to an investigation, review, or inquiry.
A claim of common law privilege by an agency, or an officer or employee of an agency, shall not prevent the OSC from obtaining any material from such agency.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2195 Introduced in House (IH)]

<DOC>






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.

    Be it enacted by the Senate and House of Representatives 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 INFORMATION.

    Section 1212(b) of title 5, United States Code, is amended by 
adding at the end the following:
    ``(5)(A) Except as provided in subparagraph (B), the Special 
Counsel, in carrying out this subchapter, is authorized to--
            ``(i) have timely access to all records, data, reports, 
        audits, reviews, documents, papers, recommendations, or other 
        material available to the applicable agency that relate to an 
        investigation, review, 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 conducted 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 activities relating to the 
enforcement of, an action 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 material; 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.
    ``(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 subparagraph (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 furtherance of any authority provided to the Special 
Counsel in this subchapter.
    ``(6) The Special Counsel shall submit to the Committee 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 comply with a 
request submitted by the Special Counsel under paragraph (5)(A).''.
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