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DOD/OS RIN: 0790-AK11 Publication ID: Spring 2018 
Title: ●Release of Official Information in Litigation and Testimony by DoD Personnel as Witnesses  
Abstract:

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. 

 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
EO 14192 Designation: Fully or Partially Exempt 
CFR Citation: 32 CFR 97   
Legal Authority: 5 U.S.C. 301    10 U.S.C. 133   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  09/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Alcides Ortiz-Ferrari
Office of Litigation Counsel, DoD OGC
Department of Defense
Office of the Secretary
1600 Defense Pentagon,
Washington, DC 20301-1600
Phone:703 571-0795
Email: alcides.ortiz-ferrari.civ@mail.mil