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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Federal Advisory Committee Act
Amendments of 1997''.

SEC. 2. AMENDMENTS TO THE FEDERAL ADVISORY COMMITTEE ACT.

(a) Exclusions From Definition.--Section 3(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) is amended in the matter
following subparagraph (C), by striking ''such term excludes'' and all
that follows through the period and inserting the following: ''such
term excludes (i) any committee that is composed wholly of full-time,
or permanent part-time, officers or employees of the Federal
Government, and (ii) any committee that is created by the National
Academy of Sciences or the National Academy of Public
Administration.''.
(b) Requirements Relating to the National Academy of Sciences and
the National Academy of Public Administration.--Such Act is further
amended by redesignating section 15 as section 16 and inserting after
section 14 the following new section:

''requirements relating to the national academy of sciences and the
national academy of public administration

''Sec. 15. (a) In General.--An agency may not use any advice or
recommendation provided by the National Academy of Sciences or National
Academy of Public Administration that was developed by use of a
committee created by that academy under an agreement with an agency,
unless--
''(1) the committee was not subject to any actual management or
control by an agency or an officer of the Federal Government;
''(2) in the case of a committee created after the date of the
enactment of the Federal Advisory Committee Act Amendments of 1997,
the membership of the committee was appointed in accordance with
the requirements described in subsection (b)(1); and
''(3) in developing the advice or recommendation, the academy
complied with--
''(A) subsection (b)(2) through (6), in the case of any
advice or recommendation provided by the National Academy of
Sciences; or
''(B) subsection (b)(2) and (5), in the case of any advice
or recommendation provided by the National Academy of Public
Administration.
''(b) Requirements.--The requirements referred to in subsection (a)
are as follows:
''(1) The Academy shall determine and provide public notice of
the names and brief biographies of individuals that the Academy
appoints or intends to appoint to serve on the committee. The
Academy shall determine and provide a reasonable opportunity for
the public to comment on such appointments before they are made or,
if the Academy determines such prior comment is not practicable, in
the period immediately following the appointments. The Academy
shall make its best efforts to ensure that (A) no individual
appointed to serve on the committee has a conflict of interest that
is relevant to the functions to be performed, unless such conflict
is promptly and publicly disclosed and the Academy determines that
the conflict is unavoidable, (B) the committee membership is fairly
balanced as determined by the Academy to be appropriate for the
functions to be performed, and (C) the final report of the Academy
will be the result of the Academy's independent judgment. The
Academy shall require that individuals that the Academy appoints or
intends to appoint to serve on the committee inform the Academy of
the individual's conflicts of interest that are relevant to the
functions to be performed.
''(2) The Academy shall determine and provide public notice of
committee meetings that will be open to the public.
''(3) The Academy shall ensure that meetings of the committee
to gather data from individuals who are not officials, agents, or
employees of the Academy are open to the public, unless the Academy
determines that a meeting would disclose matters described in
section 552(b) of title 5, United States Code. The Academy shall
make available to the public, at reasonable charge if appropriate,
written materials presented to the committee by individuals who are
not officials, agents, or employees of the Academy, unless the
Academy determines that making material available would disclose
matters described in that section.
''(4) The Academy shall make available to the public as soon as
practicable, at reasonable charge if appropriate, a brief summary
of any committee meeting that is not a data gathering meeting,
unless the Academy determines that the summary would disclose
matters described in section 552(b) of title 5, United States Code.
The summary shall identify the committee members present, the
topics discussed, materials made available to the committee, and
such other matters that the Academy determines should be included.
''(5) The Academy shall make available to the public its final
report, at reasonable charge if appropriate, unless the Academy
determines that the report would disclose matters described in
section 552(b) of title 5, United States Code. If the Academy
determines that the report would disclose matters described in that
section, the Academy shall make public an abbreviated version of
the report that does not disclose those matters.
''(6) After publication of the final report, the Academy shall
make publicly available the names of the principal reviewers who
reviewed the report in draft form and who are not officials,
agents, or employees of the Academy.
''(c) Regulations.--The Administrator of General Services may issue
regulations implementing this section.''.
(c) Effective Date and Application.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section shall take effect
on the date of the enactment of this Act.
(2) Retroactive effect.--Subsection (a) and the amendments made
by subsection (a) shall be effective as of October 6, 1972, except
that they shall not apply with respect to or otherwise affect any
particular advice or recommendations that are subject to any
judicial action filed before the date of the enactment of this Act.

SEC. 3. REPORT.

Not later than 1 year after the date of the enactment of this Act,
the Administrator of General Services shall submit a report to the
Congress on the implementation of and compliance with the amendments
made by this Act.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
A:
Federal Advisory Committee Act Amendments of 1997 - Amends the Federal Advisory Committee Act to redefine the term "advisory committee" to exclude any committee that is created by the National Academy of Sciences and the National Academy of Public Administration. Makes such amendment retroactive to October 6, 1972.
Prohibits Federal agency use of any advice or recommendation provided by the National Academy of Sciences or the National Academy of Public Administration that was developed by use of a committee created by that academy under an agreement with an agency except under specified conditions. Sets forth public disclosure requirements for such academies.
Requires the Administrator of General Services to report to the Congress on the implementation of and compliance with the amendments made by this Act.