28 U.S.C. § 521: Publication and distribution of opinions

shall cause to be edited, and printed in the Government Publishing Office, such of his opinions as he considers valuable for preservation in volumes; and may prescribe the manner for the distribution of the volumes. Not later than 180 days after the date of the enactment of this Act [ July 7, 2014 ], the Attorney General shall, in coordination with the Director of National Intelligence, establish a process for the regular review for official publication of significant opinions of the Office of Legal Counsel of the Department of Justice that have been provided to an element of the intelligence community. The potential importance of an opinion to other agencies or officials in the Executive branch. The likelihood that similar questions addressed in an opinion may arise in the future. The historical importance of an opinion or the context in which it arose. The potential significance of an opinion to the overall jurisprudence of the Office of Legal Counsel. Such other factors as the Attorney General and the Director of National Intelligence consider appropriate. The process of review established under subsection (a) shall apply a presumption that significant opinions of the Office of Legal Counsel should be published when practicable, consistent with national security and other confidentiality considerations. When publication would reveal classified or other sensitive information relating to national security. When publication could reasonably be anticipated to interfere with Federal law enforcement efforts or is prohibited by law. When publication would conflict with preserving internal Executive branch deliberative processes or protecting other information properly subject to privilege. Any opinion of the Office of Legal Counsel that would have been selected for publication under the process of review established under subsection (a) but for the fact that publication would reveal classified or other sensitive information relating to national security shall be provided or made available to the appropriate committees of Congress. If the President determines 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) ), the President may limit access to information concerning such finding that would otherwise be provided or made available under this subsection to those members of Congress who have been granted access to such finding under such section 503(c)(2). The determination whether an opinion of the Office of Legal Counsel is appropriate for official publication under the process of review established under subsection (a) is discretionary and is not subject to judicial review.”