Sec. 610. Availability of opinions of the Office of Legal Counsel of the Department of Justice
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/bill/115/hr/4504/ih/section-610·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 90 days after the date of the enactment of this Act, the Assistant Attorney General for the Office of Legal Counsel (referred to in this section as the Assistant Attorney General ) shall submit to Congress an index which contains, for each opinion of the Office of Legal Counsel which has been published prior to the date of the enactment of this Act and except as provided in paragraph (3), the following information: The title of the opinion. The date on which the opinion was issued, and any date on which the opinion was updated, if applicable.
The name of the author and the recipient of the opinion. The unique identifier assigned to the opinion, including such an identifier for any update to the opinion, if applicable. Whether an opinion has been withdrawn. Whether the opinion has been released to the public (in whole or in part), and a hyperlink to where it can be found, if applicable. The Assistant Attorney General shall provide an update of the index described in paragraph
(1)to any Member of Congress who requests such an update, not later than 90 days after receiving such a request. The Assistant Attorney General may withhold the information described in subparagraphs
(A)and
(C)of paragraph
(1)in the case of an opinion for which the President has determined that it is essential to limit access to a covert action finding under section 503(c)(2) of the National Security Act of 1947 ( 50 U.S.C. 3093(c)(2) ), except that such information shall be provided to any Member of Congress who has been granted access to such findings under such section. Not later than 90 days after the date of the enactment of this Act, the Assistant Attorney General shall make publicly available online, for each opinion of the Office of Legal Counsel which has been published prior to the date of the enactment of this Act and except as provided in paragraph (3), the information described in subparagraphs
(A)through
(F)of subsection (a)(1). Not later than 5 days after the issuance of an opinion of the Office of Legal Counsel of the Department of Justice, the Assistant Attorney General shall make publicly available the information described in subparagraphs
(A)through
(F)of subsection (a)(1), except as provided in paragraph (3). The Assistant Attorney General may withhold the information described in subparagraphs
(A)and
(C)of subsection (a)(1) when the agency interest in protecting such record or information is outweighed by public interest in disclosure, but only to the extent that one of the following applies to the information to be withheld: The withholding of such information is authorized under criteria established by an Executive order in the interest of national defense or foreign policy, and the Assistant Attorney General has determined that such information meets the criteria established pursuant to the Executive order. The information concerns the appointment to a Federal office prior to the appointment, except in the case of an opinion that is cited in another opinion which is not excepted from disclosure under this paragraph. The information is specifically exempted from disclosure by statute (other than sections 552 and 552b of title 5, United States Code). The information includes trade secrets, or commercial or financial information obtained from a person, which is privileged or confidential. The information includes personnel, medical, or similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. The President has determined it is essential to limit access to a covert action finding under section 503(c)(2) of the National Security Act of 1947 ( 50 U.S.C. 3093(c)(2) ). The Assistant Attorney General may not charge a fee for access to the information required to be made publicly available under this subsection. Not later than 10 days after receiving a request from a Member of Congress or an officer or employee of the Legislative Branch for a summary of an opinion, the Assistant Attorney General shall provide such a summary, which shall include legal analysis related to the opinion, except as provided in paragraph (3). The summary provided under paragraph
(1)may only include classified information which the requesting individual is authorized, pursuant to a security clearance, to receive. The Assistant Attorney General may refrain from providing a summary described in paragraph
(1)in the case of an opinion for which the President has determined that it is essential to limit access to a covert action finding under section 503(c)(2) of the National Security Act of 1947 ( 50 U.S.C. 3093(c)(2) ), except that such information shall be provided to any Member of Congress who has been granted access to such findings under such section. To the extent otherwise permitted by law, this section does not preclude the Assistant Attorney General from disclosing opinions, or information relating to opinions, to any person, in addition to the requirements of this section.
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Sec. 610
Availability of opinions of the Office of Legal Counsel of the Department of Justice
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