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SMITHSONIAN INSTITUTION

-- Smithsonian sponsorship of the Charles Darwin Foundation for the Galapagos Islands

The Secretary reported that enactment into law of Title 5 of the U.S. Code, relating to Government employment, has passed the House and is expected to be passed by the Senate. This enactment, sponsored by the Civil Service Commission, would change the definition of employees who are entitled to the Federal Retirement Act, Health Insurance, and Life Insurance, from "employees in or under the government," to "employees of the United States." Since 1896, when Civil Service was applied to Smithsonian's Federal employees paid from appropriations, the Smithsonian has held that its trust fund employees must remain directly and exclusively under the Regents, and not be considered as Civil Service employees. Some question might arise as to whether the Smithsonian is in effect accepting the interpretation that its trust fund employees are "employees of the United States" in order to continue to enjoy Civil Service Retirement benefits, Health benefits, and Life Insurance benefits.

No action is recommended, however, because the Civil Service Commission, since 1947 has consistently held that the benefits are applicable to our trust fund employees, such employees being considered by the Commission for some years to be Federal employees. It is significant that the Commission has made no attempt since 1952 to bring the Smithsonian's trust fund employees under Civil Service regulation.

The Executive Committee expressed disapproval of a proposal by a Federal agency that it be furnished photographs of visitors to the Smithsonian. 

The Secretary reported that negotiations continue favorably with Mr. Hirshhorn and that an inventory and appraisal of his numerous works of art are now underway. Sketch plans for improvement of the Mall, prepared for Secretary Udall with the collaboration of Mr. Ripley, have been displayed to Mrs. Johnson as well as to Mr. Hirshhorn. A letter of gift is being drafted for the consideration of the prospective donor.

May I say in conclusion that I shall continue to use by [[my?]] best judgement in all of this work, and particularly in its financial aspects, for the Smithsonian Institution. I am sure that the Members of the Board will agree with me, however, tha [[that]] no one individual or group o individuals can be infallible in matters related to the investment of funds. 

Respectfully submitted,

(sgd) Robert V. Fleming

Robert V. Fleming, Chairman
Executive Committee