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[[underlined]] PROPOSED AMENDMENT TO THE BYLAWS OF THE BOARD OF REGENTS [[/underlined]]

Mr. Powers noted that the following presentation, which will be considered by the Regents again in May, suggests improvements in the Bylaws of the Board of Regents which will be of assistance in handling essentially routine administrative responsibilities under Secretarial authority. He emphasized that this is in no way intended to augment or diminish the existing authority of the Secretary, or affect the Institution's present internal requirements and procedures for approval of major projects, expenditures, or sales by the Board of Regents. In discussion Mr. Powers described the system of delegated authority which the Institution employs and it was suggested that a list of those delegations should be produced for the Regents' information at their next meeting. 

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It is recommended that the Bylaws of the Smithsonian Board of Regents be amended to clarify the authority of the Secretary of the Institution to execute certain official documents.

I. In a number of transactions involving the transfer of property to or from the Smithsonian, the Institution has been required by outside parties to produce evidence of the authority of the Smithsonian Secretary, or his designee, to execute such transfer documents. Along with the citation of the Institution's basic charter provisions, the evidence has taken the form of a certification of Section 6.01, Authority to Receive Contributions, and Section 6.06, Executive of Transfer Documents, of the Bylaws of the Board of Regents. At its meeting of January 28, 1980, the Board of Regents reaffirmed the policies and delegations of authority to the Secretary and other employees of the Institution necessary to the effective administration of the Institution. (See attached excerpt of the minutes). To date, however, the specific language of the January 28, 1980, resolutions, has not been incorporated into Sections 6.01 and 6.06 of the Bylaws, with the result that, in providing the requested evidence of the Secretary's authority, further documentation of the Board of Regents' January 28, 1980, action is frequently required. So that Sections 6.01 and 6.06 may be self-executing, it is proposed that those sections be amended to conform more precisely to the language of the January 28, 1980, resolutions.

II. It is also recommended that Section 6.06 of the Bylaws be further amended to acknowledge the authority of the Secretary, in the effective administration of the Institution, to execute other instruments committing the Federal or trust resources of the Institution, as well, including such instruments as loans, mortgages, sureties, and contracts. On several