Office of Litigation Counsel, DoD OGC

0790-AK11 201804 Unified Agenda of Federal Regulatory and Deregulatory Actions 0790 Office of the Secretary OS 0700 Department of Defense DOD Release of Official Information in Litigation and Testimony by DoD Personnel as Witnesses

The Touhy Regulation, as this rule is commonly known, prescribes procedures for the submission and processing of third-party litigation requests for information. It codifies DoD Directive 5405.2, issued to implement authorities afforded by the Housekeeping Statute, 5 U.S.C. 301, as interpreted by the Supreme Court in United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). All Federal agencies have issued their own Touhy regulations, and private litigants refer to these regularly. DoD’s current Touhy Regulation has been in place since 1985 and will be updated.

]]> Substantive, Nonsignificant First Time Published in The Unified Agenda Proposed Rule Stage No Undetermined Fully or Partially Exempt 32 CFR 97 5 U.S.C. 301 10 U.S.C. 133 No NPRM 09/00/2018 No None No No No Alcides Ortiz-Ferrari Office of Litigation Counsel, DoD OGC 0790 Office of the Secretary OS 703 571-0795 alcides.ortiz-ferrari.civ@mail.mil 1600 Defense Pentagon, Washington DC 20301-1600