(a) In response to a litigation request or demand, and after any required coordination with the Department of Justice, the SSS GC and other SSS legal advisor (see § 1660.3) are authorized to:
(1) Determine whether the respective SSS Components may release official information originated by or in the custody of such components.
(2) Determine whether personnel assigned to, detailed to, or affiliated with the respective SSS Components may be contacted, interviewed, or used as witnesses concerning official information or, in exceptional circumstances, as expert witnesses.
(3) Impose conditions or limitations on disclosures approved pursuant to this paragraph (a) (e.g., approve the release of official information only to a Federal judge for in-camera review).
(4) Assert claims of privilege or protection before any court.
(b) The SSS GC may assume primary responsibility for responding to any litigation request or demand.
authority: 5 U.S.C. 301;
50 U.S.C. 3809; and E.O. 11623, 36 FR 19963, 3 CFR, 1971-1975 Comp., p. 614, as amended by E.O. 13286, 68 FR 10619, 3 CFR, 2003 Comp., p. 166
source: 88 FR 59451, Aug. 29, 2023, unless otherwise noted.
cite as: 32 CFR 1660.7