UNCLASSIFIED 

UNCLASSIFIED 

UNITED STATES

SPACE COMMAND

INSTRUCTION (SPI)

OPR: J006 SPI 2430.01A 

13 December 2022 

USSC_J0CS_SPI_29_2022 

FREEDOM OF INFORMATION ACT (FOIA) PROGRAM 

References: Enclosure C 

1. Purpose. This Space Command Instruction (SPI) implements a Command 

Freedom of Information Act (FOIA) program per Department of Defense 

Directive (DoDD) 5400.7, DoD FOIA Program and supplements Department of 

Defense Manual (DoDM) 5400.07, DoD FOIA Program. 

2. Superseded/Cancellation. This is the initial publication. 

3. Applicability. This instruction applies to all United States Space Command 

(USSPACECOM) personnel and Component Command personnel, at all levels, 

who participate in responding to requests for information under the FOIA. 

4. Procedures. Detailed procedures and instructions are contained in the 

enclosures. 

5. Records Management. Maintain and dispose of records created as a result 

of prescribed processes in accordance with (IAW), Title 44 United States Code 

(U.S.C.) 3101, Presidential and Federal Records Acts Amendments of 2014, Title 

44 U.S.C. 3102, Establishment of Program of Management, Title 44 U.S C. 3103, 

Transfer of Records to Records Center, Title 44 U.S.C. 3104, Certification and 

Determination on Transferred of Records, Title 44 U.S.C. 3105, Safeguards, Title 

44 U.S.C. 3106, Unlawful Removal, Destruction of Records. The Chairman Joint 

Chiefs of Staff Manual (CJCSM) 5760.01A, Joint Staff and Combatant 

Command Records Management Manual: Volume I, 13 July 2009 – Procedures 

and CJCSM 5760.01A, Joint Staff and Combatant Command Records 

Management Manual: Volume II – Disposition Schedule, 13 July 2012. 

6. Summary of Changes. This is a new instruction. 
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13 December 2022 

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7. Releasability. This SPI is approved for public release; distribution is 

unlimited on Non-Secure Internet Protocol Router Network (NIPRNET.) DoD 

Components, other Federal agencies, and USSPACECOM personnel may obtain 

copies of this instruction through the Internet via the USSPACECOM 

SharePoint Publications Electronic Library. 

8. Effective Date. This instruction is effective upon receipt. 

 WILLIAM P. PENNINGTON 

 Rear Admiral, USN 

 Chief of Staff 

Enclosures 

 A - Roles and Responsibilities 

 B - Freedom of Information (FOIA) Request Flow Chart 

 C - References 

 GL - Glossary of Acronyms and Terms 
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13 December 2022 

A-1 Enclosure A 

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ENCLOSURE A 

ROLES AND RESPONSIBILITIES 

1. General. The public has a right to information concerning the activities of 

the United States Government (USG). The FOIA gives any person access to 

government records, without regard to motives or need for the records, unless 

legally exempt. The Assistant to the Secretary of Defense (ATSD) for Privacy, 

Civil Liberties, and Transparency (PCLT), is responsible for establishing FOIA 

policy within the DoD. The DoD Privacy, Civil Liberties and Freedom of 

Information Directorate (PCLFD) (https://dpcld.defense.gov) implements the 

FOIA program through advice, monitoring, official reporting, and training. 

2. USSPACECOM Command FOIA Manager (CFM) Responsibilities. 

a. The CFM, located within the USSPACECOM Office of the Staff Judge 

Advocate (USSPACECOM/SJA), establishes the USSPACECOM FOIA Requester 

Service Center according to DoD and Department of Justice (DoJ) guidelines 

IAW DoDM 5400.07. 

b. The CFM serves as the Office of Primary Responsibility managing the 

FOIA program for USSPACECOM and its Components. Additionally, only the 

CFM is authorized to interact with FOIA requesters. 

c. The CFM evaluates requests to determine acceptance; and when 

required, assists requesters in perfecting their requests. 

d. The CFM logs requests into the USSPACECOM FOIA Log and creates 

administrative files. 

e. The CFM assigns Offices of Coordinating Responsibility (OCR) tasks to 

conduct record searches and/or document reviews. The OCR will identify a 

Subject Matter Expert (SME) and the CFM will task them directly. See 

Enclosure B for FOIA Request Flow Chart. 

(1) This direct approach to FOIA tasking is necessary to shorten the 

amount of coordination time and ease the burden on Directorate/Division 

leadership. 

(2) Enterprise Task Management Software Solution (ETMS2) will not be 

used at this stage in the process. The CFM will dictate when a FOIA tasking is 

entered into ETMS2. Limited use of ETMS2 in the initial stage improves FOIA 

timeliness. 

f. The CFM notifies the USSPACECOM Chief of Staff (USSPACECOM/CoS) 

and the USSPACECOM/SJA when: 

(1) Requests for records are of a controversial or sensitive nature. 
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A-2 Enclosure A

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(2) News media is involved.

(3) When a significant FOIA request is received. A FOIA request is 

considered significant when it seeks records involved in litigation or of interest 

to DoD leadership. The DoD PCLFD office maintains a list of topics considered 

significant. 

g. The CFM conducts initial reviews of all responsive documents.

(1) This initial review eases the burden on the SME.

(2) One-on-one FOIA training with SMEs at this stage of processing 

ensures a clear understanding of the FOIA Exemptions DoD typically invokes, 

records search requirements, redaction requirements and techniques, internal 

and external staffing requirements, and the expected format for Directoratelevel response.

(a) The FOIA requires a USG response to FOIA requests within 20 

workdays of receiving a perfected request. When a final response is not 

possible within this timeframe, the CFM will provide the requester an estimated

completion date.

(b) A FOIA requester may appeal a lack, or delay of response to the 

DoD Freedom of Information Appeals Division or file a lawsuit in any United 

States District Court if they do not receive a response within the stated

timeframe.

h. The CFM reviews OCR responses for FOIA compliance.

(1) The CFM will re-task a SME if:

(a) The FOIA Exemption is applied incorrectly.

(b) There appears to be an over-use of an exemption.

(c) A reasonable search is not conducted.

(d) The SME fails to reasonably segregate releasable from nonreleasable information.

(2) The SME must conduct a line-by-line review when determining 

whether or not it is reasonable to segregate releasable from non-releasable 

information within classified documents.

i. The CFM submits a completed FOIA package to the Initial Denial 

Authority (IDA) for approval via ETMS2 when records are withheld. If records 

are sensitive or contain Privacy Act concerns, the CFM will deliver a hard copy 

FOIA package directly to the IDA’s office. 
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A-3 Enclosure A 

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j. CFM Additional Duties: 

(1) Draft legal reviews for Senior Attorney Advisor, execute redactions, 

create IDA packages, sign responses on behalf of the IDA, and send responses 

to requesters. 

(2) Post releasable documents requested by two or more individual FOIA 

requesters to the USSPACECOM Public FOIA Reading Room, located on the 

USSPACECOM FOIA website, https://www.spacecom.mil/Support/Freedomof-Information-Act/. 

(3) Refer responsive records to other USG and DoD agencies for 

processing when the records do not fall under the purview of USSPACECOM. 

(4) Request FOIA consultations from other USG and DoD agencies when 

responsive records fall under USSPACECOM purview but contain other agency 

equities. 

(5) Process FOIA appeals at the direction of the ATSD PCLT Appellate 

Authority. 

(6) Process, with DoD Office of General Counsel guidance, FOIA 

litigation cases, to include the creation of Vaughn Indexes, declarations, and 

case file organization. 

(7) Maintain access to the Defense Information Systems Agency 

CommVault Compliance Search Web Console to maintain access authority for 

electronic searches of journaled (historical) senior leader’s electronic mail; and 

(8) Prepare and submit quarterly status reports as directed by PCLFD. 

Utilizes DD Form 2564, Annual Freedom of Information Act Report, to submit 

USSPACECOM data for inclusion into the ATSD PCLT consolidated report to 

the United States Attorney General and United States Congress. 

3. Directorate Responsibilities. 

a. SMEs complete one-on-one FOIA familiarization training, provided by 

the CFM, as needed and dedicate the necessary time to complete FOIA 

taskings. With the understanding that real world events/duties may take 

precedence, the OCR will relay any processing delays to the CFM. 

b. Upon receipt of a FOIA tasking, the SME will: 

(1) Review the seven (7) FOIA exemptions (Exemptions 1 through 7) 

routinely invoked by the DoD to protect non-releasable information IAW DoDM 

5400.07.
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A-4 Enclosure A

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(2) Conduct a reasonable search of electronic and physical files most 

likely to contain responsive records. A reasonable search will be accomplished 

when sufficient information is contained within a FOIA request that allows for 

an organized, non-random search of USSPACECOM’s records filing plans and 

existing retrieval systems. 

(3) Provide an estimated completion date to the CFM within ten (10)

calendar days of receipt of the tasking. When expedited processing is 

requested, the SME will respond within five (5) calendar days of receipt of the 

tasking. The CFM will approve requests for expedited processing when the 

requirements of Title 32, Code of Federal Regulation (CFR), Part 286.8 are met.

(4) Coordinate reviews of documents with other directorates, divisions, 

or branches when their equities are contained within responsive documents.

(a) The document owner ensures all reviews are executed. This is 

not the CFM’s responsibility.

(b) Notify the CFM after all internal reviews are complete.

(5) Provide a memorandum with a release recommendation of full 

release, partial release, or total denial for all responsive documents. Denial 

recommendations, to include a no-record response, can be made by a SME, 

with Division/Branch Chief concurrence. The SME, with the same level of 

concurrence, may also determine if USSPACECOM or one of its subordinate 

organizations does not have release/denial authority of the located records. 

(a) Total Release authority, for records within their purview, is

delegated to Directors, their Deputies, and Division Chiefs. Organizational 

Commanders, Deputy Commanders, and Chiefs of Staff of subordinate 

organizations assigned to USSPACECOM have release authority of records 

within their jurisdiction when approved by USSPACECOM/CoS. Because the 

CFM is the only person authorized to interact with requesters, Directorates and 

subordinate organizations will provide electronic copies of releasable 

documents to the CFM. 

(b) SME recommendations to the CFM will be made at the lowest 

level, unless the response warrants Directorate leadership involvement. The 

SME recommendation will be kept with the FOIA case file. The CFM will 

provide a recommendation template to the SME to document the 

recommendation.

(6) Mark withholding recommendations with appropriately cited FOIA 

exemptions, an applicable Security Classification Guide (i.e. Executive Order 

13526, Classified National Security Information), or other applicable Federal 
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A-5 Enclosure A 

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statute. Note: The CFM maintains a listing of congressionally approved 

FOIA related Federal statutes.

(7) Complete DD Form 2086, Record of Freedom of Information (FOI) 

Processing Cost, which documents all processing costs for personnel involved 

in the request. Note: Processing costs are reported in the Annual FOIA 

Report to Congress. 

4. Initial Denial Authority (IDA) Responsibilities. An IDA is an official who has 

been granted authority to withhold information (partial denial, total denial or 

assert no records) on behalf of the Command. The CDRUSSPACECOM, 

USSPACECOM Deputy Commander (DCDRUSSPACECOM), 

USSPACECOM/CoS, USSPACECOM Deputy Chief of Staff 

(USSPACECOM/DCoS), USSPACECOM Inspector General (USSPACECOM/IG), 

and the CFM are the only officials authorized to act as IDA. They may also 

deny requests for expedited processing, when appropriate. 

a. The USSPACECOM/CoS will act as the primary IDA. 

b. The USSPACECOM/DCoS will act as the IDA when the 

USSPACECOM/CoS is not available or when directed by the 

USSPACECOM/CoS. 

c. The USSPACECOM/IG will act as the IDA for Inspector General (IG) 

related documents for O6 personnel and below. 

d. The DCDRUSSPACECOM will act as the IDA on IG related documents 

for O7 personnel and above. Additionally, the DCDRUSSPACECOM will serve 

as the IDA when a conflict of interest exists for the USSPACECOM/CoS. 

e. The CFM acts as the IDA when responding to requesters with a norecords response and when the only information withheld pertains to 

personally identifiable information. 

f. IDA requested by Commanders of subordinate USSPACECOM 

Components will be evaluated on a case-by-case basis and will be 

denied/approved by the USSPACECOM/CoS. Although IDA may be delegated 

to subordinate organizations, only the CFM is authorized to interact with 

requesters.
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Abbreviations

CFM – Command FOIA Manager TMT – Task Management Tool

SME – Subject Matter Expert OGC – Office of General Counsel

PII – Personally Identifiable Information COS – Chief of Staff

Enclosure B 

ENCLOSURE B 

Freedom of Information Act (FOIA) Request Flow Chart

Chief, Civil Law 

completes Legal Review.

SJA

CFM creates TMT tasker

for Directorates to search 

for Responsive Records.

CFM

Directorates task SMEs to search for

and consolidate Responsive Records.

(Directorates should designate SMEs across all

divisions that might have responsive material.)

Directorates

CFM compiles records, 

reviews recommendations, 

and prepares a response.

CFM

COS approves or denies 

release of information.

COS

FOIA Request

Directorates send a consolidated 

Release Recommendation Memo 

and all Responsive Records 

(if they exist) to the CFM.

Directorates

DoD OGC reviews if 

Significant FOIA.

(CUI list maintained by DoD and 

given to Information Specialists.)

CFM Responds 

(If no records or 

only PII redacted)

SMEs identify, review, and 

send copies of all Responsive 

Records to their Directorate.

SMEs

CFM Responds
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 C-1 Enclosure C

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ENCLOSURE C

REFERENCES

a. CJCSM 5760.01A, Joint Staff and Combatant Commands Records 

Management Manual: Volume I – Procedures, 1 February 2003

b. CJCSM 5760.01A, Joint Staff and Combatant Commands Records 

Management Manual: Volume II – Disposition Schedule, 13 July 2012

c. Title 32 CFR Part 286.08, DoD Freedom of Information Act (FOIA) Program, 5 

January 2017

d. DoDD 5400.7, DoD Freedom of Information Act (FOIA) Program, 5 April 2019

e. DoDM 5400.07, DoD Freedom of Information Act (FOIA) Program, 25 January 

2017

f. Executive Order 13526, Classified National Security Information, 5 January 

2010

g. Title 5 United States Code, Section 552, Freedom of Information Act, 6 

September 1966, as amended, 30 June 2016

h. Title 44 U.S.C. 3101, Presidential and Federal Records Acts Amendments of 

2014, as originally established in 1964

i. Title 44 U.S.C. 3102, Establishment of Program of Management, as originally 

established in 1964

j. Title 44 U.S C. 3103, Transfer of Records to Records Center, as originally 

established in 1964

k. Title 44 U.S.C. 3104, Certification and Determination on Transferred of 

Records, as originally established in 1964

l. Title 44 U.S.C. 3105, Safeguards, as originally established in 1964

m. Title 44 U.S.C. 3106, Unlawful Removal, Destruction of Records, as 

originally established in 1964

n. USSPACECOM SOP-1-1, Enterprise Task Management Software Solution 

(ETMS2), Formerly Task Management Tool (TMT), Workflow Process, 13 January 

2022
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GL-1 Enclosure GL

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ENCLOSURE GL

GLOSSARY OF ABBREVIATIONS AND TERMS

PART 1 – Acronyms

A

ATSD Assistant to the Secretary 

C

CDRUSSPACECOM Commander, USSPACECOM

CFM Command FOIA Manager

CJCSM Chairman of the Joint Chiefs of Staff Manual

D

DCDRUSSPACECOM Deputy Commander, USSPACECOM

DoD Department of Defense

DoDD Department of Defense Directive

DoDM Department of Defense Manual

DoJ Department of Justice

E

ETMS2 Enterprise Task Management Software Solution

F

FOIA Freedom of Information Act

I

IAW In Accordance With

IDA Initial Denial Authority

IG Inspector General

N

NIPRNET Non-Secure Internet Protocol Network 

O

OCR Office of Coordinating Responsibility

P

PCLFD Privacy, Civil Liberties, and Freedom of Information 

Directorate

PCLT Defense for Privacy, Civil Liberties, and 

Transparency
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GL-2 Enclosure GL

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S

SME Subject Matter Expert

SPI Space Command Instruction

U

U.S.C. United States Code

USG United States Government

USSPACECOM United States Space Command

USSPACECOM/CoS USSPACECOM Chief of Staff

USSPACECOM/DCoS USSPACECOM Deputy Chief of Staff

USSPACECOM/IG USSPACECOM Inspector General

USSPACECOM/SJA USSPACECOM Staff Judge Advocate

USSPACECOM/PA USSPACECOM Public Affairs

PART 2 - Terms

Command FOIA Manager — the person responsible for managing the FOIA 

program at USSPACECOM and its subordinate components.

Denial — a determination to not disclose requested records or portions of 

requested records.

Expedited Processing — a request requiring processing ahead of other 

requests when the requester invokes expedited processing and demonstrates a 

compelling need as to why the request should be processed under this FOIA 

provision.

FOIA Request — a written request for DoD records, made by any person, 

including a member of the public (United States or foreign citizen), an 

organization or a business, but not including a Federal agency or a fugitive 

from the law, that either explicitly or implicitly invokes the FOIA, reference 

DoDD 5400.7 and DoDM 5400.07; or DoD component supplementing 

regulations or instructions, or addresses or infers the letter or envelope is 

intended for the FOIA manager or program.

Initial Denial Authority (IDA) — an official who has been granted authority by 

the head of a DoD component to withhold records under the FOIA for one or 

more of the nine (9) categories of records exempt from mandatory disclosure.

Partial Denial — a determination to withhold a portion of a requested record.

Perfected FOIA Request — a reasonably described FOIA request that arrives 

at the FOIA Requester Service Center of the DoD Component maintaining the 

requested records. The statutory time limit for responding to a FOIA request 

does not begin until the request is perfected.
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GL-3 Enclosure GL

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Referral — the process of formally transferring the FOIA request, through FOIA 

channels, to another agency for action and direct response to the requester.

Requester Service Center — the office within an agency authorized by higher 

authority to receive and process FOIA requests.

Significant FOIA Request — a FOIA request for records, the release of which 

may be of interest to DoD leadership.

Statutory Time Limits — the 20 workdays allowed by the FOIA to make the 

initial decision on record release.

Subject Matter Expert — an individual with a deep understanding of a 

particular job, directorate/division, process, function, or technology. 

Vaughn Index — an itemized index, correlated each withheld document (or 

portion) with a specific FOIA exemption(s) and the relevant part of the 

nondisclosure justification.

PART 3 – Forms

DD Form 2086, Record of Freedom of Information (FOI) Processing Cost, August 

2019

DD Form 2564, Annual Freedom of Information Act Report, September 2018