Unfortunately, we are not currently in a position

to begin working on a request soon after it is received.

We

note, indeed we underscore, the number of requests now on hand and awaiting processing and the volume and scope of incoming requests and pending litigation are so great, that four to six months usually elapse between the time a request is received and the time we are able to furnish the records to the

requester.

We propose the 60-day:200-page schedule, with the exceptional circumstance provision intact, as a reasonable alternative to existing law, notwithstanding the four- to sixmonth delay imposed mainly by the backlog of work. The proposal relies on Open America v. Watergate Special Prosecution Force, 547 F.2d 605 (D.C. Cir. 1976). In that case the court found the deluge of requests in excess of that anticipated by Congress is a factor to be considered in determining the existence of exceptional circumstances.

CERTAIN ALIENS; FELONS

Existing Law

Subsection 552 (a) (3) requires each agency upon any request for records to make the records promptly available to any person.

Observations

Although only a citizen of the United States or

an alien lawfully admitted for permanent residence may make a request for records under the Privacy Act, the Freedom of Information Act imposes upon the FBI the duty to furnish records to any person in the world who asks for them.

At present about 16 percent of our Freedom of Information Act requests are made by or on behalf of prisoners. The actual figure could be higher because only those requests which bear the return address of a prison or which state the requester is a prisoner are counted in our statistical tabulation. The percentage of requests from prisoners is growing. A little more than a year ago only six percent of the requests were made by prison inmates.

Although we do not know how many requests are made

by convicted felons, it may be assumed we are receiving requests from persons who have been convicted of a felony but

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are no longer under sentence.

Members of organized crime

families, for example, despite having been convicted of felo

nies, are free to request FBI documents.

from organized crime figures.

We do receive requests

Furthermore, because the present statute requires

us to furnish FBI records to "any person," a citizen of a foreign country, even a citizen of a hostile foreign country, may demand and receive FBI documents. We have had requests from individuals who reside in foreign countries.

Because every request must be honored and because we receive more requests than we can process immediately, it is our policy to respond to requests in the order in which they are received. The result is the requests of most citizens must wait their turn while the Bureau responds to

requests for FBI documents from felons and residents of foreign countries.

Proposal

We propose amending existing subsection (a) (3) by adding the following sentence:

"This section does not require a law enforcement or intelligence agency to disclose information to any person convicted of a felony under the laws of the United

States or of any state, or to any person

acting on behalf of any felon excluded

from this section."

We propose subsection (e) be amended to define

"person" as "a United States person as defined by the Foreign Intelligence Surveillance Act of 1978."

Commentary

The Foreign Intelligence Surveillance Act of 1978 defines "United States person" as "a citizen of the United States, an alien lawfully admitted for permanent residence (as defined in section 101 (a) (20) of the Immigration and Nationality Act), an unincorporated association a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence, or a corporation which is incorporated in the United States, but does not include a corporation or an association which is a foreign power, as defined in subsection (a) (1), (2), or (3)." Subsection (a) reads, "Foreign Power" means

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"(1) a foreign government or any component thereof,

whether or not recognized by the United States;

"(2) a faction of a foreign nation or nations, not

substantially composed of United States persons;

"(3) an entity that is openly acknowledged by a

foreign government or governments to be directed and controlled

by such foreign government or governments;"

The legislative history of the Freedom of Information Act makes clear the passage of the law was prompted in no small part on the premise that the opportunity to obtain information is essential to an informed electorate. Our proposal would tailor the Act to serve that purpose, while carefully preserving the rights of the electorate. The definition of "person" is sufficiently broad to insure the rights of public interest groups and associations would not be affected.

Some of those the proposal could exclude from the Act are not a part of the electorate because they are citizens of foreign countries. The proposal also would preclude felons

from demanding as a matter of right the benefits of the Act at taxpayers' expense.

That would have two advantages.

First it would enable the FBI to respond more promptly to

the requests of those for whom the Act primarily was designed.

Indeed, most felons have lost their right to vote and thus are not part of the electorate.

Secondly, it would put to

an end the current practice of convicts who are making

requests for the purpose of identifying those who probably