INTERNATIONAL EXCHANGE OF GOVERNMENT PUBLICATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00024R000300030002-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 20, 2016
• Document Release Date: September 26, 2007
• Sequence Number: 2
• Publication Date: December 8, 1981
• Content Type: MEMO

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EAS 81-2468
8 December 1981
MEMORANDUM FOR: Director, Foreign Broadcast Information Service
Chief, Support Services Group/Office of Central Reference/
National Foreign Assessment Center
FROM: Chief, House Liaison
SUBJECT: International Exchange of Government Publications
(Title 44, Section 1719 USC)
1. You will recall our efforts in the 96th Congress re Subject when
Representative Silvio Conte (R., MA) attempted to prohibit the use of funds
for the distribution of Government publications under 44 USC Section 1719's
International Exchange Program. I was recently informed by the Library of
Congress that as of 20 October--because of a funding dispute between the G.P.O.
and the Smithsonian--the program is no longer being funded (see attached 30
November 1981 Sawyer letter to Hughes).
2. Because of the concern that the program is beneficial not only to
the Library of Congress but to the Government as a whole, Library of Congress
representatives have been in contact with Senator Charles Mathias (R., MD)
advocating that he intercede in an effort to have State Department pick up
the International Exchange Program (see attached 3 December letter from Boorstin,
Library of Congress, to Senator Mathias). Library of Congress informs that
Mathias intends to introduce an amendment on the Senate floor to the State,
Justice, Commerce Appropriations Bill (not scheduled for floor action this
week). The operative effect of his amendment would be to transfer the program
to the State Department. Given our (in particular NFAC's) keen interest in
the program (reference 26 September 1980 letter from former DCI Turner to Rep.
Conte, attached) the Library of Congress is asking that we make whatever contact
we might have in the State Department (INR) in support of the Mathias effort.
3. I would appreciate your assistance in this matter and would ask that
you telephone me as soon as possible to discuss whatever you think might be
done to support this program.
Attachments
As stated
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United States
Government
Printing Office
W
November 30, 1981
Mr. Phillip S. Hughes
Under Secretary
Smithsonian Institution
Washington, D.C. 20560
Dear Mr. Hughes:
Your letter of October 15, 1981, pertaining to the monies owed the
Government Printing office for reimbursable mailing services performed by
us for the Smithsonian contains some statements indicating a misunder-
standing of the matters involved. The letter states that there was"a
limitation of $260,000 in fiscal year 1981, for the reimbursements to
GPO, and since the first three quarterly billings amounted to $182,215,
you have requested a revised fourth quarter billing adjusted downward
from actual costs of $183,504 to $77,785.
On July 31, 1980, two months before the beginning of fiscal year 1981,
representatives of the Smithsonian, the Library of Congress (which
administers the program), and the GPO, met to discuss your funding
problems for fiscal year 1981. In that meeting, your representatives
agreed to seek supplemental funding for the program. They also agreed to
notify GPO if funding was not available. No further comment was heard
from you, although you were aware the total billing for the year could be
expected to equal or exceed $300,000.
The GPO accepted the Smithsonian's fiscal year 1981 requisition for
reimbursable mailings with the full knowledge and understanding of both
the Government Printing Office and Smithsonian employees that there was a
funding problem, but that we would perform the necessary distributions
and be fully reimbursed for them. Smithsonian officials were also
advised that if reimbursement was not assured, GPO would have to stop the
mailings. This was an undesirable alternative to your representatives,
and the Library of Congress representatives would not agree to curtailing
printing for the program, stating that unshipped publications would have
to be stored by the Smithsonian, for shipment at a later date.
The Government Printing Office performed mailing services for the:
Smithsonian Institution during fiscal year 1981, under their request
dated October 6, 1980. That request included,a statement concerning a
"not to exceed" limit of $65,000 per quarter, but acknowledged that
billings would be for the actual costs incurred. The request stated
that, "GPO will request reimbursement for the actual services provided
and the actual amount of postage paid, showing these two items separately
on the billing." The billing for the third quarter of fiscal year 1981
exceeded the "$65,000 limit" by nearly $19,000, and that bill was paid in
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full without question. The agreement between the GPO and the Smithsonian
calls for the reimbursement to GPO for the actual cost of the postage.
The quarterly billings submitted to the Smithsonian for fiscal year 1981
are exactly what the agreement calls for, namely, actualocostsrwithl for
postage specifically identified. In addi,ex eases. The U.S.
the fourth quarter ($144,736.56) is for postage p
Postal Service increased their rates fonenafor tionalsmarlings dd uring I
the fiscal year, and since you are responsible
expect you were aware o istnOeealcostawhich onsorxwillebesabsorbed byrthe
by the Smithsonian and
Government Printing Office.
In our dealings with our customer agencies, we cannot control each
agency's procedures used for the obligation
ontand expenditure obligations
appropriated funds. It is an accepted p tstt
when the actual amount cannot be readily determined. However, as
known,
requirements and circumstances change, and the actual oThest become
the initial estimate should be revised rocriategaction to adjust
for changing the estimate or taking app p cha activities within budgetary restraints must therged
with the appropriated funds.
costs involved and should have sought additionalfundingufrom the to stop
Congress, reprogrammed existing appropriations, or
the distribution.
We have enjoyed a good working relationship with the Smithsonian and I
would like to maintain this relationship. We had continued the mailing
services for the Smithsonian for fiscal year 1982 but after receiving GPO
your letter I have halted these mailings effectiveOctooberh20, 1981. G.
has been receiving approximately 4,000 books per day
As of November 25, 1981, the amount of International Exchange
publications being stored is equivalent to five tractor-trailers full of
books. The storage charges for the publications which we now have amount
to $800 per month, and this amount is increasing, daily.
Members of my staff met with you adascussrepresentatives
fundingoproblem associated
Congress on November 17, 1981, to it was decided
with the. International Exchange program. At that meeting,
to discuss this matter further on November 25, 1981, and to involve the
staff from the respective appropriation subcommittees and the Joint
Committee on Printing. The meeting was held, but nobody from the
Smithsonian bothered to attend and the current funding problem was not
resolved. Therefore, you leave me no alternative but to initiate the
following actions:
1) I have instructed the Superintendent of Documents to resubmit to
you the fourth quarter FY 1981 billing of $183,504, which represents the
actual costs for our services.
2) 1 have instructed the Superintendent of Documents to render to
you the first quarter FY 1982 billing for our actual costs for
distribution up to October 20, 1981, the date we stopped the
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distribution, plus the accumulated storage charges to date for those
pulications we have been warehousing since October 20, 1981. This
billing will approximate $35,000.
3) If payment on these billings is not received by December 24,
1981, 1 have instructed the Superintendent of Documents to effect
delivery of the publications to the Smithsonian or to start destroying
the publications in storage since GPO is in no position to carry the
costs of a program that the Smithsonian has been charged by law to carry
out.
4) Also on December 24, 1981, if payment is not received, I will
direct that the printing of the International Exchange publications be
discontinued as it is a waste of taxpayers' money to print publications
that the Smithsonian cannot distribute.
5) In addition, I have directed the Superintendent of Documents in
any future dealings with the Smithsonian on this program to bill you in
advance for the estimated cost of your mailings. These billings will
subsequently be adjusted on the basis of actual expenses incurred.
It is my sincere hope that any possible misunderstanding between the GPO
and the Smithsonian is hereby resolved and I invite you to contact me if
you have any additional questions.
Sincerely,
./
DANFORD L. SAWYER, JR.
Public Printer
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Par nearly one hundred years, the Library of Congress has. received
the official goverment publications of other nations saround the world through
an international exchange a reemat whereby we exchange our governeut publi-
cations for theirs. Since October 20, 198, the United states Government has
not shipped any of our publications to exchange partners because of a funding
dispute between the Smithsonian Institution and the Government Printing Office.
A prompt resolution of the issues set out in this letter is essential to avoid
potentially crippling loss of critically needed research r-ateri.al from around
the world for the collections of the Library of Congress.
During the last several years, the Library of Congress, in cooperation
with the Saitbsonian lnstitutiou and the Cover ut Printing Office, has sought
legislation to transfer the responsibility assigned by law to the Smith noaion
Institution to ship goveruaent publications under international exchange agreer-
leents to either the Government Printing Office or the Library of Congress, but
the legislation failed to be enacted, The program for the international exchange
of Government publications is authorized under Title 44, Section 1719 of the
United States Code, which was enacted to carry into effect the two Brussels
Conventions of larch 15, 1886 (ratified by the Bolted States and proclained by
the President on January 15, 1889).
The first Brussels Convention (the Genera. Convention) is for "Later-
national exchange of official docusients, scientific and literary publications'
and includes "the official docueents, parliamentary and administrative, Which
are published in the country of their origin" and "the works executed by order
and at the expengal;of the Covar t,"
The second Brussels Convention provides "for the ie uedi.ate exchange
of official journals, paarliasemtaary annals and documents** Under 4 USC
1719 "there shall be supplied to the Library of Congress not to exceed one
hundred and twenty-five copies each of all t overe ut publication, for distri-
bution through the Smithsonian 'Institution, to foreign governments which agree
to send similar publications of their governments to the Library of Congress."
In actuality, since 1977 the Government Printing Office, with funds
transferred from the Saithsonian Institution, has aassssuved the responsibility
for shipping this material.. The sun of $130,000 has been appropriated to the
Snithsoniaan: Institution for this purpose. Because the actual costs are screw
than double their appropriation, the Smithsonian Institution has heretofore
;wade up the difference by reprogramming from other operating funds. Recently.,
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the Smithsonian Institution has notified the Government Printing Office that
they will no longer accept responsibility for this program in excess of $130,000
annually.- Because of. the funding limitation of the Continuing Resolution, further
limitations were set. On October 20, the Government Printing Office quit sending
publications to international participants, thus-putting the United States in the
difficult position of defaulting on our treaty obligations and executive agreements
entered into by the State Department. A recent letter fromthe Public Printer to
Phillip,S.-'Hughes, Undersecretary of the Smithsonian Institution (enclosed) makes
it clear that-the two agencies have-reached an impasse.. The Public Printer has
notified the Smithsonian Institution that should payment not be received, the
publications. currently being held in storage for international exchange will be
destroyed on December 24. Also, on December 24, he will direct that no further
publications be printed for the international exchange program.
We see no immediate solution to this problem unless the Smithsonian
Institution is directed to fund the program adequately until appropriate legis-
lation ccan be enacted, but we have no assurance that this will be forthcoming.
Because the major direct cost to the Smithsonian Institution is postage,
one of..the most,pressing needs is to survey all of,the participants in the exchange
program to determine what categories of material they wish to-receive and whenever
possible. to: provide microfiche. Because the Government Printing Office did not
feel it had - authori-ty- "Co. esuch a survey`45 participants now receive full sets
of government publications available to depository libraries. We believe such a
survey could result in significant savings. The Library of Congress would be
willing to accept the responsibility for the survey as a first'step toward cutting
costs. We would be happy to receive-your direction in this matter.
Weanticipate that should there not be ,a resolution of the problem, that
parties to the agreements would reciprocate by not sending their publications. I
cannot".-emphasize-enough the importance of this exchange program to the collections
of the-Library of. Congress and to the United States. Many of the publications we
receive through the exchange programs are not available through normal purchasing
channels. The information contained in many of these publications is vital to
United States interests. It would be tragic should this program be suspended
because of a lack of decision with respect to funding.
Sincerely yours,
Daniel J. Boorstin
The Librarian of Congress
The Honorable
Charles Mee. Mathias, Jr.
Chairman
Joint Committee on Printing
Washington, D. C. 20510
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WU L./Ifcuor of LCnlr3i micniYgence - 1 j `i_i
Srae-:
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Honorable Silvio 0. Conte
House of Representatives
Washington, D.C. 20515
This letter addresses the issue of United States
Government publications, including unclassified Central
Intelligence Agency publications, being made available to
foreign governments under an international exchange program,
authority for which is contained in title 44 of the U.S.C.,
sections 1718 - 1719.
As the Director of the Central Intelligence I share
your concern about the transfer of any information to any
country which may prove detrimental to the national security
interests of the United States. Indeed, I have spent a
great deal of time and effort stressing, in public forums
and before Congressional Committees, the importance of
limiting the proliferation of sensitive intelligence
information.
However, in my opinion, a select, methodical review of
material the United States releases would be much more
sensible, in terms of the foreign intelligence mission of
the United States, than a blanket proscription, of the type
you introduced on the House floor as an amendment to the FY
81 Legislative Branch Appropriations Act, against any
exchange at all with the Soviet Union, Cuba, or Iran.
The procedures which the Central Intelligence Agency
has instituted to insure that materials earmarked for the
exchange are done so in a manner totally in conformance with
the applicable law and sound security practices are quite
stringent. No CIA publication is made available to the
exchange without having first been: personally reviewed by
the Deputy Director of the National Foreign Assessment
Center; coordinated with the Department of State and the
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National Security Council to the extent that policy matters
are involved; and subsequently, but still prior to release,
personally reviewed by me. Moreover, I can assure you that
the exchange has contributed significantly to our being able
to provide our government's policymakers with the kind of
information they need to better understand the issues they
are faced with on a daily basis. Accordingly, I would urge
you to seriously consider the effect of the retention of
your amendment in either the continuing resolution currently
being discussed by the Congress or in the subsequent permanent
legislation to be taken up just prior to the expiration of
the continuing resolution.
I salute your efforts to insure that sensitive intelli-
gence information is not subject to unwarranted proliferation.
Yours sincerely,
/s/. Stansfield Turner
cc: Honorable Adam Benjamin, Chairman
House Appropriations Subcommittee on
Legislative Branch
Honorable Jim Sasser
Senate Appropriations Committee
Distribution:
Original - Addressee
1 - DCI
1 - DDCI
1 -ER
1 - D/NFAC
1 - OLC
1 - NFAC Registry
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NATIONAL FOREIGN ASSESSMENT CENTER
WASHINGTON, D. C. 20505
25 September 1980
NOTE FOR: The Director
I forward a letter from you to Congressman
Conte concerning his amenchnent which, if enacted,
would prevent distribution of U.S. Government
publications to the Soviet Union, Cuba, or Iran.
I strongly urge that you sign this letter.
Agency representatives met with Mr. Conte
on 15 September and presented our case against
the wisdom of his proposed amendment. Conte
appeared to be receptive, although he has some
staffers who are hardliners on the matter. OLC
believes that a letter from you would go a long
way towards resolving this matter in the way
that we would like to see it.
I would appreciate your signing this letter
so that we could get it up to Mr. Conte, as well
as Congressman Sasser and Congressman Benjamin.
STAT
Bruce Clarke, Jr.
Director
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