§ 80q-10. — Special committee to review inventory, identification, and return of Indian human remains and Indian funerary objects.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC80q-10]
TITLE 20--EDUCATION
CHAPTER 3--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES
SUBCHAPTER XIII--NATIONAL MUSEUM OF THE AMERICAN INDIAN
Sec. 80q-10. Special committee to review inventory,
identification, and return of Indian human remains and Indian
funerary objects
(a) Establishment; duties
Not later than 120 days after November 28, 1989, the Secretary of
the Smithsonian Institution shall appoint a special committee to monitor
and review the inventory, identification, and return of Indian human
remains and Indian funerary objects under section 80q-9 of this title
and unassociated funerary objects, sacred objects, and objects of
cultural patrimony under section 80q-9a of this title. In carrying out
its duties, the committee shall--
(1) with respect to the inventory and identification, ensure
fair and objective consideration and assessment of all relevant
evidence;
(2) upon the request of any affected party or otherwise, review
any finding relating to the origin or the return of such remains or
objects;
(3) facilitate the resolution of any dispute that may arise
between Indian tribes with respect to the return of such remains or
objects; and
(4) perform such other related functions as the Secretary may
assign.
(b) Membership
The committee shall consist of 7 members, of whom--
(1) 4 members shall be appointed from among nominations
submitted by Indian tribes and organizations;
(2) at least 2 members shall be traditional Indian religious
leaders; and
(3) the Secretary shall designate one member as chairman.
The Secretary may not appoint to the committee any individual who is an
officer or employee of the Government (including the Smithsonian
Institution) or any individual who is otherwise affiliated with the
Smithsonian Institution.
(c) Access
The Secretary shall ensure that the members of the committee have
full and free access to the Indian human remains and Indian funerary
objects subject to section 80q-9 of this title and to any related
evidence, including scientific and historical documents.
(d) Pay and expenses of members
Members of the committee shall--
(1) be paid the daily equivalent of the annual rate of basic pay
payable for grade GS-18 of the General schedule under section 5332
of title 5; and
(2) be entitled (to the same extent as provided in section 5703
of such title, with respect to employees serving intermittently in
the Government service) to per diem, travel, and transportation
expenses;
for each day (including travel time) during which they are engaged in
the performance of their duties.
(e) Rules and administrative support
The Secretary shall prescribe regulations and provide administrative
support for the committee.
(f) Report and termination
At the conclusion of the work of the committee, the Secretary shall
be so \1\ certify by report to the Congress. The committee shall cease
to exist 120 days after the submission of the report.
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\1\ So in original. Probably should be ``shall so''.
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(g) Nonapplicability of Federal Advisory Committee Act
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the committee.
(h) Authorization of appropriations
There is authorized to be appropriated $250,000 for fiscal year 1991
and such sums as may be necessary for succeeding fiscal years to carry
out this section.
(Pub. L. 101-185, Sec. 12, Nov. 28, 1989, 103 Stat. 1344; Pub. L. 104-
278, Sec. 5, Oct. 9, 1996, 110 Stat. 3357.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (g), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
in the Appendix to Title 5, Government Organization and Employees.
Amendments
1996--Subsec. (a). Pub. L. 104-278, Sec. 5(1), in first sentence,
inserted ``and unassociated funerary objects, sacred objects, and
objects of cultural patrimony under section 80q-9a of this title''
before period.
Subsec. (b). Pub. L. 104-278, Sec. 5(2)(A), substituted ``7
members'' for ``five members'' in introductory provisions.
Subsec. (b)(1). Pub. L. 104-278, Sec. 5(2)(B), substituted ``4
members'' for ``three members'' and struck out ``and'' at end.
Subsec. (b)(2), (3). Pub. L. 104-278, Sec. 5(2)(C), (D), added par.
(2) and redesignated former par. (2) as (3).
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Section Referred to in Other Sections
This section is referred to in sections 80q-11, 80q-15 of this
title.
