US Space Command

DEPARTMENT OF DEFENSE USSPACECOM HOI 4-6
Headquarters United States Space Command
Peterson Air Force Base, Colorado 80914-5003 29 June 1990

Information Management

ADMINISTRATION OF THE FREEDOM OF INFORMATION ACT (FOIA)

This headquarters operating instruction (HOI) tells how to administer the Free-
dom of Information Act (FOIA), It applies to Headquarters United States Space
Command (USSPACECOM).

1. References:

a. Title 5, United States Code, Section 552.

b. DOD Directive 5400.7, DOD Freedom of Information Act Program.

C. DOD 5400.7-R, DOD Freedom of Information Act Program.

2. Background. FOIA gives any person the right of access to government
records, unless legally exempt, without regard to motives, or need for the
records. FOIA requires the determination to release or withhold records
requested by the public within 10 workdays after receipt of a request. In
unusual circumstances, the request may be extended 10 more workdays. Failure to
respond within 20 workdays permits a requester to file suit in US District
Court.

3. Policy. To release records to the public unless they are exempt from
mandatory disclosure (see DOD 5400.7-R, chapter III) and if a significant and
legitimate governmental purpose is served by withholding. The Deputy Chief of
Staff (DCJ) has been designated the Initial Denial Authority (IDA).

4. Responsibilities:

a. Deputy Chief of Staff (DCJ):

(1) Is authority for disclosing HQ USSPACECOM records determined
totally releasable.

(2) Is designated by the Deputy Commander in Chief as the IDA for all
records requested under the cognizance of USSPACECOM.

Supersedes USSPACECOM HOI 12-3, 14 August 1987. (For summary of changes see
page 4.)
No. of Printed Pages: 9
OPR: USD (SMSgt Mike Marshall)
Approved by: Col Jerry W. Felder
Editor: Kathy L. Kite
Distribution: F

2 USSPACECOM HOI 4-6 29 June 1990

(3) Serves as USSPACECOM point of contact for FOIA requests.

(4) Sends requests for records from the public to staff agency OPR.

(5) Keeps a control system to make sure established time limits are
met.
(6) Dispatches replies based on staff input.

(7) Forwards any fees received for costs incurred in processing FOIA
request to the Accounting and Finance Office.

(8) Ensures coordination is done with the legal advisor on total or
partial denial of records.

(9) Reviews appeals submitted as a result of initial denials for
records, fee reductions, and fee charges with legal advisor.

b. Directors and Special Staff Chiefs:

(1) Ensure prompt handling of FOIA requests. (See DOD 5400.7-R, para-
graph 1-503.)

(2) Immediately forward all FOIA requests and appeals received directly
from a requester to DCJ.

(3) Determine release or recommend withholding records for which they
are OPR. (See DOD 5400.7-R, chapter III.) Note: This determination must be
made by the director or principal assistant.

(4) Coordinate with other headquarters staff agencies having an in-
terest in a requested record before deciding to release or recommend with-
holding.

(5) Provide, in response to DCJ tasking letter:

(a) One copy of each record approved for total release.

(b) one unsanitized and one sanitized copy of each record recom-
mended for denial in whole or part (see paragraph 5b(4)).

(c) Completed DD Form 2086, Record of Freedom of Information
(FOIA) Processing Cost.

(d) Records originated by an agency outside the Command which are
responsive to FOIA request, if available,

(6) Consult with DCJ when issues are raised of unusual significance,
set precedence, or require special guidance.

(7) Notify all holders of classified records that have been declas-
sified or reclassified as a result of a review required by the FOIA.

USSPACECOM HOT 4-6 29 June 1990 3

5. Procedures:

a. General:

(1) A request for records under provisions of the FOIA may be denied
only when:

(a) The requested records are exempt under DOD 5400.7-R, chapter
III, and a significant legitimate governmental purpose is served by withholding.

(b) The requester has failed to comply with procedural re-
quirements imposed by DOD 5400.7-R (agreement to pay fees, reasonably describe
records, etcetera).

(2) "No record" determinations are not considered a denial and are not
subject to the appeal procedures outlined in DOD 5400.7-R. If the requested
record cannot be found because it has not been described in sufficient detail to
enable a person, who is knowledgeable of the files, to locate it with a
reasonable amount of effort, the requester should be notified.

b. Processing FOIA Cases:

(1) DCJ dispatches FOIA request and DD Form 2086 to appropriate
director OPR of requested records, usually within 1 day of receipt. The OPR
completes and returns the form with the package to USD.

(2) An OPR may request a change of OPR for a FOIA request when they
challenge prime responsibility for the records. (See attachment 1.)

(3) DCJ normally assigns a 7-workday suspense to each request. The
suspense is met by:

(a) A decision to totally grant the request. (See attachment 2.)

(b) A recommendation to deny the request, in whole or part. (See
attachment 3.)

(c) A request from FOIA OPR stating the specific number of
additional days required and the justification. Send requests for extension to
DCJ at least 1 workday before the suspense date so requester may be advised
prior to deadline. (See attachment 4.)

(4) When request is recommended to be denied in part, send DCJ a
sanitized copy and an unsanitized copy of the record with a letter giving the
reasons for denial. (When sanitizing the record, bracket exempted portions in
red and cite the applicable FOIA exemption in the margin.) Include completed DD
Form 2086. When denial is based on a security classification outlined in DOD
5200.1-R, the explanation must indicate that a current review of the record
supports continued classification and an unclassified statement which justifies
classification.

4 USSPACECOM HOI 4-6 29 June 1990

(5) When requested record is recommended to be denied in its entirety
under exemptions of the FOIA, as outlined in DOD 5400.7-R, chapter III, follow
(4) above, except send one unsanitized copy of the record. State in the letter
why it is not possible to segregate releasable portions of the record.

(6) When a requested record cannot be located, send DCJ a letter with a
complete explanation. Return completed DD Form 2086 with the package. (See
attachment 5.)

(7) Staff agency personnel do not communicate directly with FOIA
requester. Concerns that require clarification are presented to DCJ for reso-
lution.

OFFICIAL DONALD J. KUTYNA
General, USAF
Commander in Chief

WAYNE R. HEINKE 5 Attachments
Colonel, USAF 1. Sample Letter for Requesting Change
Director of Information Management in OPR
2. Sample Letter for Granting FOIA
Request
3, Sample Letter for Recommending Denial
4. Sample Letter for Requesting Time
Extension
5. Sample Letter for No Responsive
Records

SUMMARY OF CHANGES
Designates the Deputy Chief of Staff as the Initial Denial Authority (IDA)
(paragraph 4a(2)), and updates procedures for processing FOIA cases (paragraph
5).

USSPACECOM HOI 4-6 Attachment 1 29 June 1990 5

SAMPLE LETTER FOR REQUESTING CHANGE IN OPR

(Use proper letterhead)
SPJ3 (Date)
Freedom of Information Act (FOIA) Request, (Name of Requester), Case
(Your Ltr, (Date))

DCJ

We do not maintain requested record. They are maintained by Director of Intel-
ligence (J2) and the request should be transferred to that office.

Signature Element 1 Arch
(Director or Principal Assistant) Case File

6 USSPACECOM HOI 4-6 Attachment 2 29 June 1990

SAMPLE LETTER FOR GRANTING FOIA REQUEST

(Use proper letterhead)

SPJ5 (Date)

Freedom of Information Act (FOIA) Request, (Name of Requester), Case
(Your Ltr, (Date))

DCJ

1. Requested record is totally releasable and attached,

2. Completed DD Form 2086 is attached.

Signature Element 2 Arch
(Director or Principal Assistant) 1. Requested Records
2. DD Form 2086

USSPACECOM HOI 4-6 Attachment 3 29 June 1990 7

SAMPLE LETTER FOR RECOMMENDING DENIAL

(Use proper letterhead)

SPJ5 (Date)

Freedom of Information Act (FOIA) Request, (Name of Requester), Case
(Your Ltr, (Date))

DCJ

1. We have reviewed the record requested. Portions of this record are cur-
rently and properly classified. Release of this information would cause damage
to national security. As such, they are exempt from mandatory disclosure under
FOIA 5 U.S.C. 552(b)(1) and should be denied for reasons stated.

2. The remaining unclassified portions of the record are releasable. One
sanitized and one unsanitized copy are attached.

Signature Element 2 Atch
(Director or Principal Assistant) 1. Sanitized and Unsanitized
Copy of Requested Record
2. DD Form 2086

8 USSPACECOM HOI 4-6 Attachment 4 29 June 1990

SAMPLE LETTER FOR REQUESTING TIME EXTENSION

(Use proper letterhead)
SPJ3 (Date)

Freedom of Information Act (FOIA) Request, (Name of Requester), Case
(Your Ltr, (Date))

DCJ

1. To process this request properly, we find a time extension is necessary be-
cause (end the sentence with the sufficient justification):
(We need to collect the record you requested from another installation.)
(We need to search for, collect, and examine the record you requested.)
2. A response will be sent not later than (give a date that is not more than 10
workdays from the initial suspense date).

Signature Element
(Director or Principal Assistant)

USSPACECOM HOI 4-6 Attachment 5 29 June 1990 9

SAMPLE LETTER FOR NO RESPONSIVE RECORDS

(Use proper letterhead)

SPJ5 (Date)

Freedom of Information Act (FOIA) Request, (Name of Requester), Case
(Your Ltr, (Date))

DCJ

1. There is no record responsive to this request.

2. Completed DD Form 2086 is attached.

Signature Element 1 Atch
(Director or Principal Assistant) DD Form 2086