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DOD/OS | RIN: 0790-AK11 | Publication ID: Spring 2019 |
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. The revision of 32 CFR part 97 supports a recommendation of the DoD Regulatory Reform Task Force. |
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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 |
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Timetable:
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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 |