HomeFreedom of Information Act
FREEDOM OF INFORMATION ACT

 

A popular Government without popular information or the means of acquiring it, is but a Prologue to a Farce or a Tragedy or perhaps both. Knowledge will forever govern ignorance, and a people who mean to be their own Governors, must arm themselves with the power knowledge gives.
James Madison

Introduction

This handbook is intended to assist you in making Freedom of Information Act (FOIA) requests for Delaware National Guard (DNG) records. It will get you started and provide you with a brief description of your rights and the manner in which the DNG will respond to your requests. The information contained herein is not intended to be definitive or exhaustive.

The FOIA, which is known by its legal cite as 5 U.S.C. § 552, along with the DoD Regulation, governs how requests will be processed within the DNG. DoD Regulation 5400.7-R, “Department of Defense Freedom of Information Act Program,” can be found at Part 286 of Chapter 32 of the Code of Federal Regulations, and the Army Freedom of Information Act Program can be found at Part 518 of Chapter 32 of the Code of Federal regulations, which is available in most libraries. They can also be purchased from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, for $12.50 each, and may be found on the World Wide Web by entering:

 Code of Federal Regulations 

 FOIA Regulation 

The Privacy Act of 1974 

 The Freedom of Information Act

 

Reading Rooms

The FOIA Manager operates the Delaware National Guard Reading Room which contains DoD directives, instructions, manuals, regulations and select documents that have been requested several times under the FOIA (these are called FOIA Processed (a)(2) Records). The Reading Room is open to the general public from 8:30 a.m. – 3:30 p.m. Monday through Friday (excluding Federal holidays). Its location is in the Library located at JFHQ-DE, 250 Airport Road, New Castle, DE 19720. Although no appointments are necessary, you must call the Manager at 302-326-7030 from the front entrance phone once you arrive, in order to be escorted to the reading room.


Electronic Access

At the Delaware National Guard homepage, you will find a multitude of information including DNG’s electronic reading room At the DNG homepage, you will also find the DoD FOIA Regulation, as well as the DNG Freedom of Information Act Annual Report. This is a detailed report which provides statistics on DNG’s FOIA program such as the number of requests received, the number granted in full, and denied. The World Wide Web address for the DNG homepage is: https://www.de.ng.mil

To access the DNG FOIA information page, click on the FOIA link at the bottom of the page


Conclusion

We trust this information will be helpful to you when pursuing FOIA requests with the Delaware National Guard. If you have any questions, you may call 302-326-7030 and ask for the FOIA Manager.


Sample Request Letter

 

FOIA Manager
JFHQ-DE
New Castle, DE 19720

Dear :

This is a request under the Freedom of Information Act (5 U.S.C. 552). I request that a copy of the following document(s) be provided to me: [identify the documents as specifically as possible].

In order to help you determine my status for the purpose of assessing fees, you should know that I am [insert one of the descriptions below]

a representative of the news media affiliated with the _______ newspaper (magazine, television station, etc.), and this request is made as part of news gathering and not for a commercial use.
affiliated with an educational or noncommercial scientific institution, and this request are made for a scholarly or scientific purpose and not for a commercial use.
affiliated with a private business and am seeking information for use in the company’s business.
individual seeking information for personal use and not for a commercial use.
I am willing to pay fees for this request up to a maximum of $___. If you estimate that the fees will exceed this limit, please inform me first.

[optional] I request a waiver of fees for this request because disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the DNG and is not primarily in my commercial interest. [Include details about how the requested information will be disseminated by you to the general public.]

[optional] I also include a telephone number at which I can be contacted if necessary to discuss any aspect of my request.

Sincerely,

Name
Address
City, State, Zip Code
Telephone number [optional]