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DOD/OS RIN: 0790-AK11 Publication ID: Fall 2021 
Title: Release of Official Information in Litigation and Presentation of Witness Testimony by DoD Personnel (Touhy Regulation)  

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 will 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 will 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 will 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. 

Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 32 CFR 97   
Legal Authority: 5 U.S.C. 301    10 U.S.C. 113   
Legal Deadline:  None
Action Date FR Cite
NPRM  05/14/2021  86 FR 26444   
NPRM Comment Period End  06/13/2021 
Final Action  02/00/2022 
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