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20 U.S.C. § 80q–10Special committee to review inventory, identification, and return of Indian human remains and Indian funerary objects

submitted 37 years ago by Pub. L. 101-185 to r/title-20-EDUCATION · 471 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Smithsonian must appoint a special committee. It reviews how the Smithsonian inventories, identifies, and returns Indian human remains and funerary objects. The committee has 7 members, resolves disputes between tribes, and ends 120 days after it reports to Congress.

(a) Establishment and duties: Within 120 days of November 28, 1989, the Secretary of the Smithsonian Institution had to appoint a special committee. This committee monitors and reviews the inventory, identification, and return of Indian human remains and Indian funerary objects under section 80q–9, and of unassociated funerary objects, sacred objects, and objects of cultural patrimony under section 80q–9a. The committee must: (1) make sure the inventory and identification process fairly and objectively considers all relevant evidence; (2) review any finding about where remains or objects came from, or about returning them, whenever an affected party asks or on its own; (3) help resolve disputes between Indian tribes about returning remains or objects; and (4) do any other related work the Secretary assigns. (b) Membership: The committee has 7 members. (1) Four are appointed from nominations submitted by Indian tribes and organizations. (2) At least two must be traditional Indian religious leaders. (3) The Secretary names one member as chairman. The Secretary cannot appoint anyone who works for the government (including the Smithsonian) or who is otherwise connected to the Smithsonian. (c) Access: The Secretary must make sure committee members have full, free access to the Indian human remains and funerary objects covered by section 80q–9, and to related evidence, including scientific and historical records. (d) Pay and expenses: (1) Members are paid the daily rate equal to the annual pay for GS–18 employees. (2) They also get per diem, travel, and transportation expenses, the same as government employees who work intermittently, for each day (including travel days) they spend on committee duties. (e) Rules and support: The Secretary must write regulations and provide administrative support for the committee. (f) Report and end date: When the committee finishes its work, the Secretary must certify that by reporting to Congress. The committee stops existing 120 days after that report is submitted. (g) Chapter 10 of title 5 does not apply to the committee. (h) Appropriations: Congress authorized $250,000 for fiscal year 1991 and whatever sums are needed for later years to carry out this section.
the actual law source: uscode.house.gov ↗public domain
(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.

(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.

Source credit: (Pub. L. 101–185, § 12, Nov. 28, 1989, 103 Stat. 1344; Pub. L. 104–278, § 5, Oct. 9, 1996, 110 Stat. 3357; Pub. L. 117–286, § 4(a)(145), Dec. 27, 2022, 136 Stat. 4321.)

history & why it existsrecord from the source credit
  • 1989Enacted · Pub. L. 101-185 · 103 Stat. 1344
  • 1996Amended · Pub. L. 104-278 · 110 Stat. 3357
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4321

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-185 on 1989-11-28.

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