View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DOD/OS RIN: 0790-AK11 Publication ID: Fall 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 implements 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 requires updating.

 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
EO 13771 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  01/00/2019 
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