S.Amdt. 4207

This amendment, submitted by Ms. Duckworth to bill H.R. 6938, aims to change Section 521 of title 28, United States Code, to require the publication and distribution of Office of Legal Counsel (OLC) opinions.

The purpose of this amendment is to make OLC opinions available to the public free of charge on the Department's public website. It adds the following requirements and changes:

• Publication Requirements: The Attorney General must publish all OLC opinions, including final, revised, and non-legal guidance. New opinions must generally be published within 48 hours, with some exceptions for ongoing sensitive law enforcement operations.

• Handling Classified Information: The Attorney General must redact classified information before public release and maintain records explaining the redactions. Unredacted versions must be submitted to Members of Congress and specific congressional committees. Redactions must be reviewed every 90 days to see if they can be removed.

• Historical Records: The amendment sets a timeline for publishing older opinions, ranging from 30 days for opinions from fiscal years 2020-2023 up to 2 years for opinions issued before fiscal year 1960. If a text cannot be located, a description and a written certification under penalty of perjury must be provided to Congress.

• Legal Accountability: It establishes a right of action allowing harmed individuals to sue in federal court to stop the OLC from withholding required information and to order its production.