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DOD/OS | RIN: 0790-AK11 | Publication ID: Fall 2019 |
Title: Release of Official Information in Litigation and Presentation of Witness Testimony by DoD Personnel (Touhy Regulation) | |
Abstract:
The Touhy regulation, as this rule is commonly known, prescribes procedures for the submission and processing of third-party litigation requests for information, which list the requirements for the proper submission of such a request, the factors that the chief legal advisor of the pertinent DoD component will consider when determining whether to release the information requested, and the fees that the component may collect to cover its associated expenses. The rule proposes 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.C. 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. This rule proposes to update the standing policy that DoD generally should make official information reasonably available for use in litigation, as long as the information is not classified, privileged, or otherwise protected. The rule also proposes to update procedures for processing subpoenas and other litigation requests. These updates consist essentially of administrative revisions that result in a clearer and better organized rule. 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: Other | |
CFR Citation: 32 CFR 97 | |
Legal Authority: 5 U.S.C. 301 10 U.S.C. 113 |
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 |