U.S. Department of Justice Office of Legal Counsel Washington, D.C. 20530 December 21, 2017 Cerissa Cafasso Counsel American Oversight foia@americanoversight.org Re: FOIA Tracking No. FY18-036 Dear Ms. Cafasso: This letter responds to your November 27, 2017 Freedom oflnformation Act ("FOIA") request to the Office of Legal Counsel ("OLC"), in which you sought "the opinion cover sheet reflecting attorney sign-off and views on publication for the OLC Memorandum for Donald F. McGahn II, Counsel to the President, dated November 25, 2017, Re: Designating an Acting Director of the Bureau of Consumer Financial Protection." Your request was assigned tracking number FYlS-036 and pursuant to 28 C.F.R. § 16.5(b), your request was processed in the simple track. We have completed our search of OLC files and have identified one document that is responsive to your request. The document is enclosed, with redactions made pursuant to FOIA Exemptions Five and Six, 5 U.S.C. § 552(b)(5), (6). The material redacted pursuant to Exemption Five is protected by the deliberative process privilege, and is not appropriate for discretionary release. Disclosure of the material redacted pursuant to Exemption Six would constitute a clearly unwarranted invasion of personal privacy. For your information, Congress excluded three discrete categories oflaw enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. For any further assistance and to discuss any aspect of your request, you may contact Melissa Golden, OLC's FOIA Public Liaison, at (202) 514-2053, or at Office of Legal Counsel, United States Department of Justice, 950 Pennsylvania Avenue, N.W., Room 5511, Washington, DC 20530. Additionally, you may contact the Office of Government Information Services ("OGIS") at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-7415770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. You have the right to an administrative appeal. You may administratively appeal by writing to the Director, Office of Information Policy ("OIP"), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's FOIAonline portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal." Sincerely, /-//,~ Paul P. Colborn Special Counsel Enclosure 2 OPINION CHECKSHEET Opinion To: Donald F. McGahn II, Counsel to the President Title and Date: Re: Design.ating an Acting Director of the Bureau of Consumer Financial Protection Summary of Conclusion(s)/Headnote(s): The statuie providing that the Deputy Director of the Bureau of Consumer Financial Protection shall "serve as acting Director in the absence or unavailability of the Director" authorizes the Deputy Director to serve as the Acting Director when the position of Director is vacant. Both the Federal Vacancies Reform Act of 1998 and the statute specific to the office of Director are available to fill a vacancy in the office of Director on an acting basis; the office-specific statute does not displace the President's authority to designate an acting officer under 5 U.S.C. § 3345(a)(2) or (3). Primary deputy: Curtis Ganon & Recommend for Publication? Second deputy: · Dan Koffsky__. F--/)-L--''-1(...,._·---'--- Recommend for Publication? Attorney(s): ecommend for Publication? Citechecked? Yes I