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H.R. 2195 (115th): OSC Access Act

The text of the bill below is as of Apr 27, 2017 (Introduced).


I

115th CONGRESS

1st Session

H. R. 2195

IN THE HOUSE OF REPRESENTATIVES

April 27, 2017

(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.

Short title

This Act may be cited as the OSC Access Act.

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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