 
 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evidence, including scientific and historical documents.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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``shall so''.
---------------------------------------------------------------------------

(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.
