[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR7.13]

[Page 36-37]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 7_CLASSIFIED NATIONAL SECURITY INFORMATION--Table of Contents
 
                        Subpart A_Administration
 
Sec.  7.13  Judicial proceedings.

    (a) Any DHS official or organization receiving an order or subpoena 
from a Federal or State court, or an administrative subpoena from a 
Federal agency, to produce classified information (see 6 CFR 5.41 
through 5.49), required to submit classified information for official 
DHS litigative purposes, or receiving classified information from 
another organization for production of such in litigation, shall notify 
the Office of the General Counsel, unless the demand for production is 
made by the Office of the General Counsel, and immediately determine 
from the agency originating the classified information whether the 
information can be declassified. If declassification is not possible, 
DHS representatives will take appropriate action to protect such 
information, pursuant to the provisions of this section.
    (b) If a determination is made to produce classified information in 
a judicial proceeding in any manner, the

[[Page 37]]

DHS General Counsel attorney, in conjunction with the Department of 
Justice, shall take appropriate steps to protect classified information 
in judicial proceedings and retrieve the information when the 
information is no longer required in such judicial proceedings, in 
accordance with the Department of Justice procedures, and in Federal 
criminal cases, pursuant to the requirements of Classified Information 
Procedures Act (CIPA), Public Law 96-456, 94 Stat. 2025, (18 U.S.C. 
App.), and the ``Security Procedures Established Pursuant to Public Law 
96-456, 94 Stat. 2025, by the Chief Justice of the United States for the 
Protection of Classified Information,'' and other applicable 
authorities.