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RATB RIN: 0430-AA06 Publication ID: Spring 2015 
Title: Testimony by Recovery Accountability and Transparency Board Employees Relating to Official Information and Production of Official Records in Legal Proceedings 
Abstract: The Recovery Accountability and Transparency Board (Board) proposes to promulgate regulations establishing the process to be observed when the public seeks to obtain the production or disclosure of information and documents of the Board in connection with legal proceedings in which neither the United States nor the Board is a party. The regulations will set forth the procedures and criteria used to determine whether Board employees will be permitted to provide testimony or records relating to their official duties in response to a court order, subpoena, or request. Many agencies have promulgated regulations to provide procedures and criteria for the disclosure of official records and information. Generally, these are termed Touhy regulations, after the Supreme Court's decision in United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). The Board's proposed Touhy regulations will provide generally that employees of the Board may not disclose documents or information in response to a demand or order of a court or any other authority without first being authorized by the Board to do so. The purpose of these regulations is to conserve valuable agency resources, protect Board employees from becoming enmeshed in litigation, and to protect sensitive government information and decision making processes within the confines of the law. 
Agency: Recovery Accountability and Transparency Board(RATB)  Priority: Info./Admin./Other 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Section 1521 of the American Recovery and Reinvestment Act of 2009    Pub. L. 111-5    123 Stat 115 (2009)    44 U.S.C. 3101-3107    44 U.S.C. 3301 - 3303a    44 U.S.C. 3308 - 3314   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Withdrawn  03/30/2015 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Atticus Reaser
General Counsel
1717 H Street NW, Suite 825,
Washington, DC 20006
Phone:202 292-2602
Email: atticus.reaser@cigie.gov