Authority of the Office of Government Ethics to Issue Touhy Regulations

The Office of Government Ethics may not issue Touhy regulations pursuant to 5 U.S.C. § 301 because OGE is not an “executive department” within the meaning of section 301.

OGE may issue Touhy regulations, insofar as they concern the production of agency records, pursuant to 44 U.S.C. § 3102.

OGE may issue regulations concerning the appearance of agency employees as witnesses on official matters, pursuant to the implied authority of OGE’s organic statute, 5 U.S.C. app. § 401.