20 U.S.C. § 80q–10: Special committee to…

Summary

Within 120 days after November 28, 1989, the Secretary of the Smithsonian Institution must create a special committee to watch over and review the inventory, identification, and return of Native American human remains and funerary objects, plus unassociated funerary items, sacred objects, and cultural patrimony. The committee must fairly review evidence, reexamine any decision about where remains or objects came from or whether they should be returned if asked, help settle disputes between tribes about returns, and carry out other tasks the Secretary gives it. The group will have 7 members: 4 chosen from tribe or organization nominations, at least 2 who are traditional Indian religious leaders, and one member named chair by the Secretary. Federal employees or Smithsonian staff cannot serve. Members must have full access to the remains and related evidence, are paid the daily equivalent of the GS–18 annual rate under 5 U.S.C. 5332 and get per diem and travel pay like intermittent Government workers under section 5703, and the Secretary must make rules and give administrative help. The Secretary must report to Congress when the work is done, and the committee ends 120 days after that report. Chapter 10 of title 5 does not apply. Congress authorized $250,000 for fiscal year 1991 and more money as needed later.

Title 20, §80q–10

Education, Source: USLM XML via OLRC

(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 certify by report to the Congress. The committee shall cease to exist 120 days after the submission of the report.

(g)Nonapplicability of chapter 10 of title 5

Chapter 10 of title 5 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (g). Pub. L. 117–286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act” in heading and “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)” in text. 1996—Subsec. (a). Pub. L. 104–278, § 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, § 5(2)(A), substituted “7 members” for “five members” in introductory provisions. Subsec. (b)(1). Pub. L. 104–278, § 5(2)(B), substituted “4 members” for “three members” and struck out “and” at end. Subsec. (b)(2), (3). Pub. L. 104–278, § 5(2)(C), (D), added par. (2) and redesignated former par. (2) as (3).

Statutory Notes and Related Subsidiaries

References in Other Laws to GS–16, 17, or 18 Pay RatesReferences 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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§80q–10 Special Committee to Review Inventory, Identification, and Return of Indian Human Remains and Indian Funerary Objects