DTRA INSTRUCTION 5400.07

FREEDOM OF INFORMATION ACT (FOIA) PROGRAM

Originating Component: GC

Effective: February 12, 2018

Releasability: Cleared for public release. Available on the DTRA 1 Portal 

issuances library at https://dtra1/j0cs/IssuanceLib/Pages/iLib.aspx.

Reissues and Cancels: DTRA Instruction 5400.7, “DTRA Freedom of Information Act 

(FOIA) Program,” April 18, 2013

Approved by: Kyle M. Lampela, Chief of Staff

Purpose: This instruction implements the policies, responsibilities, and procedures of the 

DTRA FOIA Program pursuant to DoD Manual 5400.7 (DoDM 5400.7), Part 286 of Title 32, 

Code of Financial Regulations (CFR), and in accordance with the authority in Section 552 of 

Title 5, United States Code (U.S.C.) (also known and referred to in this instruction as “The 

Freedom of Information Act (FOIA)). 
DTRA-I 5400.07, February 12, 2018

TABLE OF CONTENTS 2

TABLE OF CONTENTS

SECTION 1: GENERAL ISSUANCE INFORMATION .............................................................................. 3

1.1. Applicability. .................................................................................................................... 3

1.2. Policy. ............................................................................................................................... 3

SECTION 2: RESPONSIBILITIES......................................................................................................... 4

2.1. Deputy Director (DDIR)................................................................................................... 4

2.2. Office of the General Counsel (GC).................................................................................4

2.3. Director, Acquisition, Finance, and Logistics (AL)............................................5

2.4. Director, Research and Development (RD)......................................................5

2.5. Directors of the Directorates (to include JD) and Staff Office Chiefs.........................5

SECTION 3: PROCEDURES ................................................................................................................ 6

3.1. FOIA Requests...................................................................................................................6

3.2. Description of Requested Records................................................................6

3.3. Submitting FOIA Requests.........................................................................6

3.4. Processing Requests...........................................................................................................6

3.5. Appeals . ........................................................................................................................... 8

GLOSSARY ....................................................................................................................................... 9

G.1. Acronyms......................................................................................................................... 9

G.2. Definitions........................................................................................................................ 9

REFERENCES .................................................................................................................................. 11
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SECTION 1: GENERAL ISSUANCE INFORMATION 3

SECTION 1: GENERAL ISSUANCE INFORMATION

1.1. APPLICABILITY. This instruction applies to all entities of DTRA, and takes precedence 

over all related internal standard operating procedures or guidance.

1.2. POLICY. It is DTRA policy that:

a. All personnel comply with the FOIA, DoD FOIA policy, and this instruction. Strict 

adherence is necessary to provide uniformity in the implementation of the FOIA program, and to 

create conditions that will promote public trust. The failure of the agency to adhere to the FOIA 

and the implementing procedures could pose a litigation risk and result in a loss of public trust. 

Activities will be conducted in an open manner consistent with the need for security and 

adherence to other requirements of law and regulation. Under the FOIA, the public can obtain 

records from DTRA, subject to the statutory exemptions enacted by Congress to protect 

information that must be held in confidence for the government to function effectively or for 

other purposes.

b. The DTRA FOIA Office provides assistance to requestors to help them comply with 

established procedures and to ensure that procedural matters do not unnecessarily impede a 

requestor from obtaining records promptly. 
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SECTION 2: RESPONSIBILITIES 4

SECTION 2: RESPONSIBILITIES

2.1. DEPUTY DIRECTOR (DDIR). The DDIR will serve as the Appellate Authority, 

responsible for reviewing FOIA appeals and making the final decision on such appeals. 

2.2. OFFICE OF THE GENERAL COUNSEL (GC). The GC designates the following 

officials to ensure compliance with the policies and procedures that govern administration of the 

FOIA program.

a. DEPUTY GC. The Deputy GC:

Serves as the Initial Denial Authority (IDA), responsible for reviewing information to 

determine whether it meets the criteria for withholding under one or more of the FOIA 

exemptions. This determination may be made upon the recommendation of a subject matter 

expert (SME). The IDA will be recused from participating in the processing and/or review of 

any FOIA requests submitted by the IDA. In those instances, the GC will serve as the IDA. The 

IDA is also responsible for making the final determinations on requests for expedited processing 

and fee waivers. 

b. CHIEF FOIA OFFICER. The Chief FOIA Officer:

(1) Serves as the FOIA Public Liaison to whom requesters can raise concerns about the 

services they receive from the FOIA office. The FOIA Public Liaison also assists in reducing

delays in responding to requests and works with the Office of Government Information Services 

(OGIS) in resolving disputes between FOIA requesters and the agency. 

(2) Administers the FOIA Program and implements the procedures necessary to ensure 

compliance with the FOIA and DoD guidance. 

(3) Coordinates with the Governmental and Public Affairs Office (GP) on all FOIA 

requests received by members of the media. All FOIA requests from the media will be 

forwarded to GP upon receipt. A copy of all final responses to FOIA requests received will also 

be provided to GP. 

(4) Informs DTRA leadership and the Directorate for Oversight and Compliance 

(DO&C), Office of the Deputy Chief Management Officer, of significant FOIA requests, as 

required by paragraph 3.14 of DoDM 5400.07.

(5) Provides training for personnel who implement FOIA, respond to or assist in 

responding to FOIA requests, or have duties associated with this instruction.

(6) Submits timely FOIA reports to DO&C upon request, and as required by DoDM 

5400.07.
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SECTION 2: RESPONSIBILITIES 5

2.3. DIRECTOR, ACQUISITION, FINANCE, AND LOGISTICS (AL). The Director, AL, 

ensures that fees collected under FOIA are forwarded to the Defense Finance and Accounting 

Service, Defense Accounting Office for submission to the Treasurer of the United States.

2.4. DIRECTOR, RESEARCH AND DEVELOPMENT (RD). The Director, RD through the

Defense Threat Reduction Information Analysis Center (DTRIAC), will be the repository for 

declassified, reclassified, and sanitized copies of documents that have been released under FOIA. 

Through DTRIAC, RD will ensure that two copies of such reports are forwarded to the National 

Technical Information Service for availability in the public domain.

2.5. DIRECTORS OF THE DIRECTORATES (TO INCLUDE JD) AND STAFF OFFICE 

CHIEFS. The Directors of the Directorates (to include JD) and Staff Office Chiefs will: 

a. Ensure that personnel acting on FOIA requests are familiar with this instruction. 

b. Ensure that FOIA actions tasked to their Directorate/Staff Office are closely monitored for 

accountability and responses are provided no later than the suspense date established by the 

FOIA office to ensure the organization meets statutory and/or expedited timelines.

c. Ensure the appropriate SME is assigned to search for records responsive to a FOIA request 

and review records that are deemed responsive to a FOIA request; to include records containing 

classification markings or distribution limiting statements. Such records must be reviewed in 

their entirety to determine if the markings still apply and whether any information can be 

reasonably segregated and released under the FOIA.

d. Ensure all responsive documents are shared with the FOIA office, no matter the

classification markings or distribution limiting statements, to guarantee all FOIA requirements 

are met. 

e. Appoint an individual to serve as the FOIA point of contact (POC) for their 

Directorate/Staff Office. Provide POC information to the FOIA office upon request or upon 

changes in POCs. 

f. Ensure any misdirected FOIA requests are forwarded to the FOIA Office immediately upon 

receipt.

g. Ensure all personnel complete the required FOIA training once upon arrival and once every 

three years thereafter. 
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SECTION 3: PROCEDURES 6

SECTION 3: PROCEDURES

3.1. FOIA REQUESTS. FOIA requests are requests from members of the public for access to 

agency records that exist at the time the request is received. All FOIA requests must be 

perfected before processing can start. See Glossary for definitions. Any questions about what 

constitutes a FOIA request or agency record should be directed to the FOIA office. 

3.2. DESCRIPTION OF REQUESTED RECORD. The requestor is responsible for

describing the records sought and providing sufficient detail to enable personnel to locate those 

records with a reasonable amount of effort. To the extent possible, requesters should include 

specific information that may assist personnel in identifying the requested records, such as the 

date, title or name, author, recipient, subject matter of the record, case number, file designation, 

or reference number. Requesters must also provide contact information, such as a telephone 

number, email address, and/or mailing address, to assist the agency in communicating and 

providing the requested records. 

3.3. SUBMITTING FOIA REQUESTS. The FOIA office is the central processing point for 

all FOIA requests. All incoming requests will be directed to the FOIA office. FOIA requests 

received by other DTRA offices will immediately notify the FOIA office at 703-767-1792. Once 

the FOIA Office is notified, the original FOIA request should be forwarded to the DTRA FOIA 

Office. 

FOIA requests should be clearly marked as “Freedom of Information Act request” and 

submitted to the address below. Though this marking is not necessary, failure to annotate the 

envelope as a “Freedom of Information Act request” may slow the receipt of the request in the 

appropriate office. Requests may also be sent electronically.

Defense Threat Reduction Agency

Attn: OGC-FOIA

8725 John J. Kingman Road, Stop 6201

Fort Belvoir, VA 22060-6201

Phone: 703-767-1792

Email: dtrafoiaprivacy@mail.mil

3.4. PROCESSING REQUESTS. Requests are processed on a first-in, first-out basis. Multitrack processing, has been established to distinguish between simple, complex, and expedited 

requests in accordance with subpart 286.8 of Title 32, CFR. The FOIA Office will determine the 

processing track based on the date of receipt, the amount of work and time involved in 

processing the requests, and whether the requestor has been granted expedited processing. All 

FOIA requests are assigned and tracked by case numbers established by the FOIA office. 

a. Upon receipt of a perfected request, the FOIA office will initiate a task in the Enterprise 

Information System (EIS) to the appropriate Directorate/Staff Office. The task will include a 

copy of the FOIA request and a DTRA Form 57, “DTRA Freedom of Information Act and/or 

Privacy Act Form” (located on the DTRA1 Forms Library page). The tasked Directorate/Staff 
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SECTION 3: PROCEDURES 7

Office will assign a SME to conduct a thorough search for responsive records. If the SME 

determines that a reasonable search cannot be conducted because the request is too broad, the 

SME will contact the FOIA Office for clarification. SMEs tasked to complete a search for 

records responsive to a FOIA request, will only search agency records (see definition in 

Glossary). The SME tasked with conducting the search for records will not create records that 

are not already in existence at the time the search is being conducted.

b If no responsive records are located, the SME will fill out the DTRA Form 57, close out 

the EIS tasker, and route the certified DTRA Form 57 to the FOIA Office. If the SME believes 

that another Directorate/Staff Office could have records responsive to the request, the SME will 

provide that information on the certified DTRA Form 57. The SME will not directly task 

another Directorate/Staff Office to conduct a search under the FOIA.

c. If responsive records are located, the Directorate/Staff Office will designate a SME within 

its Directorate/Staff Office to review and identify any sensitive information by bracketing and/or 

highlighting it and annotating each piece of information with the appropriate FOIA exemption. 

The SME will also close out the EIS tasker and route the certified DTRA Form 57 with the 

responsive records to the FOIA Office. If the SME believes that another Directorate/Staff Office 

or an external agency should review the responsive records prior to public release, the SME will 

provide that information on the certified DTRA Form 57. The SME will not directly task 

another Directorate/Staff Office or external agency to review responsive records under the FOIA.

d. If the review by the SME identifies classified information the appropriate classification 

authority will determine if the document(s) may be declassified, reclassified, or sanitized. The 

Directorate/Staff Office will bracket information exempt from release, provide the appropriate 

FOIA exemption(s), and return the package to the FOIA Office for processing with the certified 

DTRA Form 57. The DTRA Form 57 should also specify if a review is needed by another 

Directorate/Staff Office or external agency.

(1) When the SME recommends additional review by another agency, s/he will provide 

the FOIA Office with the full name and address of that organization’s POC, if known. The 

FOIA Office will forward the documents to that organization for further review.

(2) If the SME identifies information that should be either classified or reclassified and 

the information has not been previously released to the public, the SME must notify the FOIA 

Office and follow the procedures outlined in Enclosure 4, Paragraph 18, Volume 1 of DoD 

Manual 5200.01. 

(3) If the SME identifies information that is marked as Restricted Data (RD) and/or 

Formerly Restricted Data (FRD), the SME must notify the FOIA Office. All RD/FRD records 

require a Department of Energy (DOE) review. The FOIA Office will send all RD/FRD 

documents to DOE for review after the SME completes the initial agency review.

(4) The FOIA Office will coordinate with the Operations Security Office (OPSEC) under 

the Intelligence and Plans Directorate (IP) regarding release of any previously classified 

information recommended for release under the FOIA.
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SECTION 3: PROCEDURES 8

e. If there is a disagreement between the FOIA Office and the Directorate/Staff Office 

SME regarding the use of a FOIA exemption to withhold information and the dispute cannot 

be resolved at that level, the FOIA Office will route the final packet to the appropriate 

Director/Staff Office Chief for review before going to the IDA. The Director/Staff Office 

Chief will have the opportunity to provide any relevant input to the IDA to resolve the 

dispute before the IDA makes the final determination on whether or not to withhold the 

information. 

3.5. APPEALS. If the IDA makes the decision to deny information requested under FOIA, that 

denial may be appealed by the requester in writing to the DDIR. Appeals may also be made for 

any determination the requestor considers adverse to include but not limited to: fee category 

claim; denial of waiver or reduction of fees; fee estimate; failure to grant expedited processing; 

no records determinations; or not providing a response determination to a FOIA request within 

the statutory time limits. 

Appeals should be clearly marked as such, both on the envelope and in the body of the 

letter. Requestors appealing such denials should include a copy of the denial letter, the case 

number, a statement of the relief sought, and the grounds upon which it is brought. Appeals 

should be sent to the address provided on the final response letter and postmarked no later than 

90 calendar days after the date of the final denial letter.
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GLOSSARY 9

GLOSSARY

G.1. ACRONYMS.

AL Director, Acquisition, Finance, and Logistics

CFR Code of Federal Regulations

DDIR Deputy Director

DO&C Directorate of Oversight and Compliance

DOE Department of Energy

DTRA Defense Threat Reduction Agency

DTRIAC Defense Threat Reduction Information Analysis Center

FOIA Freedom of Information Act

FRD Formerly Restricted Data

GC Office of the General Counsel

GP Governmental and Public Affairs Office

IDA initial denial authority

IP Director, Intelligence and Plans

JD Joint Improvised-Threat Defeat Organization

PA Privacy Act

POC point of contact

RD Restricted Data

RD Director, Research and Development

SME subject matter expert

U.S.C. United States Code

G.2. DEFINITIONS. Unless otherwise noted, these terms and their definitions are for the 

purposes of this instruction. See reference (e) for other definitions.

administrative appeal. A request by a member of the public, made under FOIA, asking the 

appellate authority to reverse, modify, or reconsider any adverse determination. A requester may 

also appeal the failure of the agency to respond within the statutory time limits.

agency record. All documents or records (including electronic records) created or obtained by a 

U.S. Government agency that are in the agency’s possession and control at the time a FOIA 
DTRA-I 5400.07, February 12, 2018

GLOSSARY 10

request is received. The definition of an agency record under FOIA is more expansive than the 

definition of a federal record, e.g. drafts and working files are not official records but are still 

agency records responsive to FOIA requests. 

appellate authority. The Agency FOIA Program head, or designee, having jurisdiction to 

review and possibly reverse, remand, or amend any adverse determination.

electronic record. Records (including e-mail correspondences) that are created, stored, and 

retrievable by electronic means.

FOIA. FOIA is a federal law that establishes the public’s right to request existing records from 

Federal Government agencies. FOIA is known by its legal cite as “5 U.S.C. § 552.” FOIA 

provides that any person has a right, enforceable in court, to obtain access to federal agency 

records, except to the extent that such records (or portions of them) are protected from public 

disclosure by one of nine exemptions or by one of three special law enforcement record 

exclusions. FOIA thus established a statutory right of public access to executive branch 

information in the Federal Government.

FOIA request. A written request for agency records that reasonably describes the records 

sought, enabling a DoD Component employee familiar with the files to locate the records with a 

reasonable amount of effort. 

FOIA requester. Any person, including a partnership, corporation, association, State or State 

agency, foreign government, foreign national, or a lawyer or other representative acting on 

behalf of any person who submits a FOIA request. This definition specifically excludes agencies 

within the Executive Branch of the U.S. Government. 

IDA. An official who has been granted authority by the head of a DoD component to withhold 

records requested under the FOIA for one or more of the nine categories of records exempt from 

mandatory disclosure. IDA may also deny a fee category claim by a requester; deny a request 

for expedited processing; deny a request for a waiver or reduction of fees; review a fee estimate; 

and confirm that no records were located in response to a request.

perfected FOIA request. A FOIA that arrives at the FOIA office in possession of the records. 

The statutory time limit for responding to a FOIA request does not begin until it is perfected.
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REFERENCES 11

REFERENCES

United States Code, Title 5, Section 552

Code of Federal Regulations, Title 32, Part 286 

DoD Directive 5400.7, “DoD Freedom of Information Act (FOIA) Program,” January 2, 2008

DoD Manual 5200.01, Volume 1, “DoD Information Security Program: Overview, 

Classification, and Declassification,” February 24, 2012

DoD Manual 5400.07, “DoD Freedom of Information Act (FOIA) Program,” January 25, 2017