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DOD/OS | RIN: 0790-AK11 | Publication ID: Spring 2022 |
Title: Release of Official Information in Litigation and Presentation of Witness Testimony by DoD Personnel (Touhy Regulation) | |
Abstract:
DoD is finalizing a regulation, commonly known as a Touhy regulation, which prescribes the requirements for submitting subpoenas and litigation requests to the Department as well as the procedures its personnel will follow to respond. DoD's longstanding policy--that official information should be made reasonably available for use in litigation, as long as the information is not classified, privileged, or otherwise protected--is unchanged. When this rule is finalized, DoD will rescind five component-level rules, which are redundant. |
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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 |
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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 Denise Shellman Department of Defense Office of the Secretary 1600 Defense Pentagon, Washington, DC 20301-1600 Phone:703 571-0793 Email: denise.v.shellman.civ@mail.mil |