(b) MEMBERSHIP. (1) The Committee established under subsection (a) shall be composed of 7 members,
(A) 3 of whom shall be appointed by the Secretary from nominations submitted by Indian tribes, Native Hawaiian organizations, and traditional Native American religious leaders with at least 2 of such persons being traditional Indian religious leaders;
(B) 3 of whom shall be appointed by the Secretary from nominations submitted by national museum organizations and scientific organizations; and
(C) 1 who shall be appointed by the Secretary from a list of persons developed and consented to by all of the members appointed pursuant to subparagraphs (A) and (B).
(2) The Secretary may not appoint Federal officers or employees to the committee.
(3) In the event vacancies shall occur, such vacancies shall be filled by the Secretary in the same manner as the original appointment within 90 days of the occurrence of such vacancy.
(4) Members of the committee established under subsection (a) shall serve without pay but shall be reimbursed at a rate equal to the daily rate for GS-18 of the General Schedule for each day (including travel time) for which the member is actually engaged in committee business. Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.
(c) RESPONSIBILITIES. The committee established under subsection (a) shall be responsible for
(1) designating one of the members of the committee as chairman;
(2) monitoring the inventory and identification process conducted under sections 5 and 6 to ensure a fair, objective consideration and assessment of all available relevant information and evidence;
(3) reviewing upon the request of any affected party and finding relating to
(A) the identity or cultural affiliation of cultural items, or
(B) the return of such items;
(4) facilitating the resolution of any disputes among Indian tribes, Native Hawaiian organizations, or lineal descendants and Federal agencies or museums relating to the return of such items including convening the parties to the dispute if deemed desirable;
(5) compiling an inventory of culturally unidentifiable human remains that are in the possession or control of each Federal agency and museum and recommending specific actions for developing a process for disposition of such remains;
(6) consulting with Idian tribes and Native Hawaiian organizations and museums on matters within the scope of the work of the committee affecting such tribes or organizations;
(7) consulting with the Secretary in the development of regulations to carry out this Act;
(8) performing such other related functions as the Secretary may assign to the committee; and
(9) making recommendations, if appropriate, regarding future care of cultural items which are to be repatriated.
(d) RECOMMENDATIONS AND REPORT. The committee shall make the recommendations under paragraph (c)(5) in consultation with Indian tribes and Native Hawaiian organizations and appropriate scientific and museum groups.
(e) ACCESS. The Secretary shall ensure that the committee established under subsection (a) and the members of the committee have reasonable access to Native American cultural items under review and to associated scientific and historical documents.
(f) DUTIES OF SECRETARY. The Secretary shall
(1) establish such rules and regulations for the committee as may be necessary, and
(2) provide reasonable administrative and staff support necessary for the deliberations of the committee.
(g) ANNUAL REPORT. The committee established under subsection (a) shall submit an annual report to the Congress on the progress made, and any barriers encountered, in implementing this section during the previous year.
(h) TERMINATION. The committee established under subsection (a) shall terminate at the end of the 120-day period beginning on the day the Secretary certifies, in a report submitted to Congress, that the work of the committee has been completed.
(2) The amount of such penalty shall be determined under regulations promulgated pursuant to this Act, taking into account, in addition to other factors
(A) the archeological, historical or commercial value of the item involved;
(B) the damages suffered, both economic and non-economic, by an aggrieved party;
(C) the number of violations that have occurred.
(3) Any museum aggrieved by an order assessing a civil penalty under this subsection may file a petition of judicial review of such order with the United States District Court for the District of Columbia or for any other district in which the museum is located. Such a petition may only be filed within the 30-day period beginning on the date the order making such assessment was issued. The court shall hear such action on the administrative record and sustain the imposition of the penalty if it is supported by substantial evidence on the record considered as a whole.
(4) If any museum fails to pay an assessment of a civil penalty after a final administrative order has been issued and not appealed or after a final judgement has been rendered, the Attorney General may institute a civil action in a district court of the United States for any district in which such museum is located to collect the penalty and such court shall have jurisdiction to hear and decide such action. In such action, the validity and amount of such penalty shall not be subject to review.
(5) Hearings held during proceedings for the assessment of civil penalties authorized by this subsection shall be conducted in accordance with section 554 of Title 5. Subpoenas may be issued for the attendance and testimony of witnesses and the production of relevant papers, books and documents. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In the case of contumacy or refusal to obey a subpena served upon any person pursuant to this paragraph, the district court of the United States for any district in which such person is located, resides or transacts business, upon application by the United States and after notice to such person shall have jurisdiction to issue an order requiring such person to appear and give testimony or produce documents, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
(b) MUSEUMS. The Secretary is authorized to make grants to museums for the purpose of assisting the museums in conducting the inventories and identification required under sections 5 and 6.
(1) limit the authority of any Federal agency or museum to
(A) return or repatriate Native American cultural items to Indian tribes, Native Hawaiian organizations, or individuals, and
(B) enter into any other agreement with the consent of the culturally affiliated tribe or organization as to the disposition of control over items covered by this Act;
(2) delay actions on repatriation requests that are pending on the date of enactment of this Act;
(3) deny or otherwise affect access to any court;
(4) limit any procedural or substantive right which may otherwise be secured to individuals or Indian tribes or Native Hawaiian organizations; or
(5) limit the application of any State or Federal law pertaining to theft or stolen property.