DEPARTMENT OF DEFENSE USSPACECOM REGULATION 4-3
Headquarters United States Space Command
Peterson Air Force Base Colorado 80914-4100 30 October 1992
ADMINISTRATION OF THE FREEDOM OF INFORMATION ACT (FOIA)
This regulation outlines the responsibilities for administering the Freedom of
Information Act (FOIA). It provides guidelines for processing FOIA requests for
records created by the Headquarters and by Service components of United States
Space Command (USSPACECOM). It applies to the Headquarters and to Service
components of USSPACECOM when processing FOIA requests for USSPACECOM records.
SUMMARY OF CHANGES
This revision adds the definition for a "no record" response (para 2.8);
realigns FOIA program management, assigning the HQ AFSPACECOM Directorate of
Information Management, Information Transfer/Records Management Division (IMQ),
responsibility for administering the program (paras 3.2 and 3.3); and requires
office of primary responsibility (OPR) to sign a record search statement when
using a "no record" response (para 3.3.4).
1.1. Title 5, United States Code, Section 552.
1.2. DOD Directive 5400.7, DOD Freedom of Information Act Program.
1.3. DOD 5400.7-R, DOD Freedom of Information Act Program.
2.1. Denial. A determination made by a denial authority not to release
2.2. FOIA Request. A written request for records which states the request is
made under the Freedom of Information Act or implies it is a FOIA request by
referencing "The Law," "The Statute," or "Regulation."
2.3. Functional Request. A request for records that does not cite the "FOIA,"
"The Law," "The Statute," or "Regulation." The OPR denies a non-FOIA request
request using the rationale of the FOIA exemptions without specific reference to
the FOIA, 5 USC 552.
Supersedes USSPACECOMR 4-3, 29 June 1990. (For summary of changes, see above.)
No. of Printed Pages: 6
OPR: IMQS (Sharon Law)
Approved by: Lt Col Michael A. Klich
Editor: Susan E. Gillespie
Distribution: F;X (NAVSPACECOM/NI72, Dahlgren VA 22448-5170.................. 1)
2 USSPACECOMR 4-3 30 October 1992
2.4. Initial Denial Authority. An individual granted the authority to deny
release of records or portions of records using exemptions in DOD 5400.7-R.
2.5. Partial Denial. Portions of requested records withheld citing FOIA
exemptions in DOD 5400.7-R.
2.6. Records. Information, regardless of physical form or characteristics,
made or received by USSPACECOM and preserved as evidence of the organization,
policies, functions, decisions, or procedures. A record must exist and be in
the possession of USSPACECOM to be subject to this regulation. There is no
obligation to create or compile a record to reply to a FOIA request. However,
when records are in electronic form and the capability exists to respond to the
request without a significant expenditure of resources and the effort would be a
"business-as-usual" approach, the request should be processed.
2.7. Total Release. Providing access to requested record and, if required, a
copy of the record.
2.8. No Record. A "no record" determination is considered an adverse decision
and requester is given appeal rights.
3.1. USSPACECOM/Deputy Chief of Staff (DCJ) is designated as the Initial
Denial Authority (IDA) for all USSPACECOM records.
3.2. HQ USSPACECOM/Directorate of Information Management, Information
Transfer/Records Management Division (IMQ):
3.2.1. Is designated the point of contact for administering the USSPACECOM FOIA
program according to DOD 5400.7-R.
3.2.2. Is the authority for disclosing USSPACECOM records determined to be
3.2.3. Tasks HQ USSPACECOM directors and their chiefs of special staff for
requested records in response to FOIA requests through USSPACECOM/DCJ.
3.2-4. Processes suspense actions and final staff coordination through
USSPACECOM/USD for consolidation of information management control to ensure
timely response and coordination by all OPRs involved in the review process.
3.2.5. Forwards response letter to USSPACECOM/DCJ for IDA signature when OPRs
recommend total or partial denial, or determine a "no record" response is
3.2.6. Coordinates all responses requiring USSPACECOM/DCJ signature through HQ
USSPACECOM/Judge Advocate (JA).
3.2.7. Forwards appeals, under USSPACECOM/DCJ signature, to the Office of
Assistant Secretary of Defense (Public Affairs) (OASD/PA) for appellate review.
USSPACECOMR 4-3 30 October 1992 3
3.2.8. Ensures that FOIA requests are processed through appropriate OPRs
designated as disclosure authority. Examples are requests for IG and OSI
3.2.9. Submits consolidated annual FOIA report (RCS: DD-PA(A)1365) to OASD/
3.3. HQ USSPACECOM Directors and Chiefs of Special Staff. Provide requested
records and comments pertaining to releasability to the HQ USSPACECOM/
Information Transfer/Records Management Division, if response is:
3.3.1. Total Release. One copy.
3.3.2. Total Denial. One unsanitized copy.
3.3.3. Partial Denial. One copy with data to be withheld identified using a
reproducible highlighter and applicable exemption annotated in margin and one
sanitized copy for release to requester (see attachment 1). Note: 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 the continued
classification. Include unclassified justification for this position in the
3.3.4. No Record Response. A statement signed by OPR certifying that a
thorough search for responsive records was conducted (see sample at attachment
3.4. Component Commander:
3.4.1. Has the authority to disclose USSPACECOM records determined to be
totally releasable using the policy outlined in DOD 5400.7-R.
3.4.2. Sends requests for USSPACECOM records to USSPACECOM/DCJ for action if
total or partial denial of records is recommended or it is determined that a "no
record" response is applicable. Provide the following records within the time
limits stipulated in DOD 5400.7-R:
126.96.36.199. Original copy of request.
188.8.131.52. One unsanitized copy and one sanitized copy of requested records.
Sanitize records per paragraph 3.3.3 above.
184.108.40.206. Statement certifying that a thorough search for responsive records was
conducted when a "no record" response is recommended. (See sample at attachment
220.127.116.11. Written opinion of component's staff judge advocate supporting
18.104.22.168. Completed DD Form 2086, Record of Freedom of Information (FOI)
3.4.3. When recommending denial of records, notifies requester of date received
and advises that the request is being forwarded to USSPACECOM/DCJ for action.
4 USSPACECOMR 4-3 30 October 1992
3.4.4. Follows respective military service regulations with regard to FOIA
requests for records other than USSPACECOM records.
OFFICIAL CHARLES A. HORNER
Commander in Chief
MICHAEL A. KLICH
Lieutenant Colonel, USAF 2 Attachments
Director of Information Management 1. Instructions for Sanitizing
2. Format for No-Record State-
USSPACECOMR 4-3 Attachment 1 30 October 1992 5
INSTRUCTIONS FOR SANITIZING A RECORD
1. To sanitize records, ensure information identified for withholding is
deleted in such a way that requester cannot reconstruct the data, i.e., data is
not legible when paper is held up to the light. Each portion of a record (even
one word) being withheld must be annotated with the appropriate exemption.
Reproduce one copy. Make sure page numbers are still visible on each page.
Copy must be of good quality as it will be provided to the requester.
2. If entire page(s) are identified for withholding, insert a blank page to
indicate page(s) withheld and the exemption used. If several consecutive pages
are recommended for withholding, one blank page may be inserted using inclusive
numbers, i.e., (Pages 6-12).
3. If record(s) consist of consecutively numbered documents and there are
numbers that cannot be accounted for, a reason must be provided which states why
numbers are missing.
4. Full justification must be given for any data withheld.
5. Use the following examples as a guide when sanitizing a record.
Weapons controllers at the consoles direct the interceptors to a target
via radio voice communications selected at the ODCS,
and relayed through remote ground/air transmitter/received (GATR)
equipment usually collocated at the JSS radar sites. Hughes Aircraft
Corporation was the prime contractor, and Electronic Systems Division (ESD)
of Air Force Systems Command (AFSC) was the program office responsible for
acquisition, installation, and testing.
6 USSPACECOMR 4-3 Attachment 2 30 October 1992
FORMAT FOR NO-RECORD STATEMENT
RECORDS SEARCH - USSPACECOM FOIA CASE (#
All record systems were searched that are likely to contain the records
requested. There are no records maintained by the functional OPR relating to
the subject matter of this FOIA request. We are not aware of any other record
systems that are likely to produce any responsive records. Additionally, to the
best of our knowledge, we are not aware of any other agencies who would likely
maintain these records.
(THIS STATEMENT IS TO BE COMPLETED BY THE FUNCTIONAL OPR FOR REQUESTED RECORDS)