Travel and Transportation Reform Act of 1998
PL 105-264 (H.R.930), enacted 10/19/1998

112 STAT. 2350 
PUBLIC LAW 105-264—OCT. 19, 1998 
Public Law 105-264 
105th Congress 
Oct. 19, 1998 
[H.R. 930] 
Travel and 
Transportation 
Reform Act of 
1998 
5 u s e 5701 note. 
5 u s e 5701 note. 
Regulations. 
Deadline. 
Notification. 
An Act 
To require Federal employees to use Federal travel charge cards for all payments 
of expenses of ofiicial Government travel, to amend title 31, United States Code, 
to establish requirements for prepayment audits of Federal agency transportation 
expenses, to authorize reimbursement of Federal agency employees for taxes 
incurred on travel or transportation reimbursements, and to authorize test 
programs for the payment of Federal employee travel expenses and relocation 
expenses. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Travel and Transportation Reform 
Act of 1998". 
SEC. 2. REQUIRING USE OF THE TRAVEL CHARGE CARD. 
(a) IN GENERAL.—^Under regulations issued by the Adminis-
trator of General Services after consultation with the Secretary 
of the Treasury, the Administrator shall require that Federal 
employees use the travel charge card established pursuant to the 
United States Travel and Transportation Pa)rment and Expense 
Control System, or any Federal contractor-issued travel charge 
card, for all pajonents of expenses of official Government travel. 
The Administrator shall exempt any payment, person, type or class 
of payments, or type or class of personnel from any requirement 
established under the preceding sentence in any case in which— 
(1) it is in the best interest of the United States to 
do so; 
(2) payment through a travel charge card is impractical 
or imposes unreasonable burdens or costs on Federal employees 
or Federal agencies; or 
(3) the Secretary of Defense or the Secretary of Transpor-
tation (with respect to the Coast Guard) requests an exemption 
with respect to the members of the uniformed services. 
(b) AGENCY EXEMPTION.—The head of a Federal agency or 
the designee of such head may exempt any payment, person, type 
or class of payments, or type or class of agency personnel from 
subsection (a) if the agency head or the designee determines the 
exemption to be necessary in the interest of the agency. Not later 
than 30 days after granting such an exemption, the head of such 
agency or the designee shall notify the Administrator of General 
Services in writing of such exemption stating the reasons for the 
exemption. 
(c) LIMITATION ON RESTRICTION ON DISCLOSURE.— 
PUBLIC LAW 105-264—OCT. 19, 1998 
112 STAT. 2351 
Applicability. 
Records. 
(1) IN GENERAL.—Section 1113 of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3413) is amended by adding 
at the end the following new subsection: 
"(q) Nothing in this title shall apply to the disclosure of any 
financial record or information to a Government authority in 
conjunction with a Federal contractor-issued travel charge card 
issued for official Government travel.". 
(2) EFFECTIVE DATE.—^The amendment made by paragraph 
(1) is effective as of October 1, 1983, and applies to any records 
created pursuant to the United States Travel and Transpor-
tation Payment and Expense Control System or any Federal 
contractor-issued travel charge card issued for official Govern-
ment travel, 
(d) COLLECTION OF AMOUNTS OWED.— 
(1) IN GENERAL.—Under regulations issued by the Adminis- Regulation.s 
trator of General Services and upon written request of a Federal 
contractor, the head of any Federal agency or a disbursing 
official of the United States may, on behalf of the contractor, 
collect by deduction from the amount of pay owed to an 
employee of the agency any amount of funds the employee 
owes to the contractor as a result of delinquencies not disputed 
by the employee on a travel charge card issued for payment 
of expenses incurred in connection with official Government 
travel. The amount deducted from the pay owed to an employee 
with respect to a pay period may not exceed 15 percent of 
the disposable pay of the employee for that pay period, except 
that a greater percentage may be deducted upon the written 
consent of the employee. 
(2) DUE PROCESS PROTECTIONS.—Collection under this 
subsection shall be ceuried out in accordemce with procedures 
substantially equivalent to the procedures required under sec-
tion 3716(a) of title 31, United States Code. 
(3) DEFINITIONS.—For the purpose of this subsection: 
(A) AGENCY.—The term "agenc/' has the meaning that 
term has under section 101 of title 31, United States Code. 
(B) EMPLOYEE.—The term "employee" means 
an 
individual employed in or under an agency, including a 
member of any of the uniformed services. For purposes 
of this subsection, a member of one of the uniformed serv-
ices is an employee of that uniformed service. 
(C) MEMBER; UNIFORMED SERVICE.—Each of the terms 
"member" and "uniformed service" has the meaning that 
term has in section 101 of title 37, United States Code. 
(e) REGULATIONS.—Within 270 days after the date of the enact-
ment of this Act, the Administrator of General Services shall 
promulgate regulations implementing this section, that— 
(1) make the use of the travel charge card estabhshed 
pursuant to the United States Travel and Transportation Sys-
tem and Expense Control System, or any Federal contractor-
issued travel charge card, mandatory for all pa3rments of 
expenses of official Government travel pursuant to this section; 
(2) specify the procedures for effecting under subsection 
(d) a deduction from pay owed to an employee, and ensure 
that the due process protections provided to employees under 
such procedures are no less than the protections provided to 
employees pursuant to section 3716 of title 31, United States 
Code; 
Deadline. 
112 STAT. 2352 
PUBLIC LAW 105-264—OCT. 19, 1998 
(3) provide that any deduction under subsection (d) from 
pay owed to an employee may occur only after reimbursement 
of the employee for the expenses of Government travel with 
respect to which the deduction is made; and 
(4) require agencies to promptly reimburse employees for 
expenses charged on a travel charge card pursuant to this 
section, and by no later than 30 days after the submission 
of a claim for reimbursement. 
(f) REPORTS.— 
(1) IN GE^fERAL.—^The Administrator of General Services 
shall submit 2 reports to the Congress on agency compliance 
with this section and regulations that have been issued under 
this section. 
Deadlines. 
(2) TIMING.—^The first report under this subsection shall 
be submitted before the end of the 180-day period beginning 
on the date of the enactment of this Act, and the second 
report shall be submitted after that period and before the 
end of the 540-day period beginning on that date of enactment. 
(3) PREPARATION.—Each report shall be based on a sam-
pling survey of agencies that expended more than $5,000,000 
during the previous fiscal year on travel and transportation 
pa3nnents, including payments for employee relocation. The 
head of an agency shall provide to the Administrator the nec-
essary information in a format prescribed by the Administrator 
and approved by the Director of the Office of Management 
and Budget. 
Regulations. 
(g) REIMBURSEMENT OF TRAVEL EXPENSES.—In accordance w i t h 
regulations prescribed by the Administrator of General Services, 
the head of an agency shall ensure that the agency reimburses 
an employee who submits a proper voucher for allowable travel 
expenses in accordance with applicable travel regulations within 
30 days after submission of the voucher. If an agency fails to 
reimburse an employee who has submitted a proper voucher within 
30 days after submission of the voucher, the agency shall pay 
the employee a late payment fee as prescribed by the Administrator. 
SEC. 3. PREPAYMENT AUDITS OF TRANSPORTATION EXPENSES. 
(a) IN GENERAL.—(1) Section 3322 of title 31, United States 
Code, is amended in subsection (c) by inserting after "classifications" 
the following: "if the Administrator of General Services has deter-
mined that verification by a prepa)naient audit conducted pursuant 
to section 3726(a) of this title for a particular mode or modes 
of transportation, or for an agency or subagency, will not adequately 
protect the interests of the Government". 
(2) Section 3528 of title 31, United States Code, is amended— 
(A) in subsection (a) by striking "and" after the semicolon 
at the end of paragraph (3), by striking the period at the 
end of subsection (aX4)(C) and inserting "; and", and by adding 
at the end the following new paragraph: 
"(5) verifjdng transportation rates, freight classifications, 
and other information provided on a Government bill of lading 
or transportation request, unless the Administrator of General 
Services has determined that verification by a prepayment 
audit conducted pursuant to section 3726(a) of this title for 
a particular mode or modes of transportation, or for an agency 
or subagency, will not adequately protect the interests of the 
Government."; 
PUBLIC LAW 105-264—OCT. 19, 1998 
112 STAT. 2353 
(B) in subsection (c)(1), by inserting after "deductions" the 
following: "and the Administrator of General Services has deter-
mined that verification by a prepa3nnent audit conducted pursu-
ant to section 3726(a) of tnis title for a particular mode or 
modes of transportation, or for an agency or subagency, will 
not adequately protect the interests of the Government"; and 
(C) in subsection (c)(2), by inserting after "agreement" the 
following: "and the Administrator of General Services has deter-
mined that verification by a prepayment audit conducted pursu-
ant to section 3726(a) of this title for a particular mode or 
modes of transportation, or for an agency or subagency, will 
not adequately protect the interests of the Government". 
(3) Section 3726 of title 31, United States Code, is amended— 
(A) by amending subsection (a) to read as follows: 
"(a)(1) Each agency that receives a bill from a carrier or freight 
Regulations. 
forwarder for transporting an individual or property for the United 
States Government shall verify its correctness (to include transpor-
tation rates, freight classifications, or proper combinations thereof), 
using prepayment audit, prior to payment in accordance with the 
requirements of this section and regulations prescribed by the 
Administrator of General Services. 
"(2) The Administrator of General Services may exempt bills, 
a particular mode or modes of transportation, or an agency or 
subagency from a prepayment audit and verification and in lieu 
thereof require a postpayment audit, based on cost effectiveness, 
public interest, or other factors the Administrator considers appro-
priate. 
"(3) Expenses for prepayment audits shall be funded by the 
agency's appropriations used for the transportation services. 
"(4) Tne audit authority provided to agencies by this section 
is subject to oversight by the Administrator."; 
(B) by redesignating subsections (b), (c), (d), (e), (f), and 
(g) as subsections (d), (e), (f), (g), (h), and (i), respectively; 
(C) by inserting after subsection (a) the following new 
subsections: 
"(b) The Administrator may conduct pre- or post-payment audits 
of transportation bills of any Federal agency. The number and 
tjrpes of bills audited shall be based on the Administrator's judg-
ment. 
"(c)(1) The Administrator shall adjudicate transportation claims 
which cannot be resolved by the agency procuring the transportation 
services, or the carrier or freight-forwarder presenting the bill. 
"(2) A claim under this section shall be allowed only if it 
is received by the Administrator not later than 3 years (excluding 
time of war) after the later of the following dates: 
"(A) The date of accrual of the claim. 
"(B) The date payment for the transportation is made. 
"(C) The date a refund for an overpayment for the 
transportation is made. 
"(D) The date a deduction undei- subsection (d) of this 
section is made."; 
(D) in subsection (f), as so redesignated, by striking "sub-
section (c)" and inserting "subsection (e)", and by adding at 
the end the following new sentence: "This reporting requirement 
Expiration date, 
expires December 31, 1998."; 
(E) in subsection (iXD, as so redesignated, by striking 
"subsection (a)" and inserting "subsection (c/'; and 
112 STAT. 2354 
PUBLIC LAW 105-264—OCT. 19, 1998 
(F) by adding after subsection (i), as so redesignated, the 
following new subsection: 
"(j) The Administrator of General Services may provide 
transportation audit and related technical assistance services, on 
a reimbursable basis, to any other agency. Such reimbursements 
may be credited to the appropriate revolving fund or appropriation 
from which the expenses were incurred.". 
31 use 3322 
(b) EFFECTIVE DATE.—^The amendments made by this section 
note. 
shall become effective 18 months after the date of the enactment 
of this Act. 
SEC. 4. REIMBURSEMENT FOR TAXES ON MONEY RECEIVED FOR 
TRAVEL EXPENSES. 
(a) IN GENERAL.—^Title 5, United States Code, is amended 
by inserting after section 5706b the following new section: 
"§ 5706c. Reimbursement 
for 
taxes incurred 
on 
money 
received for travel expenses 
"(a) Under regulations prescribed pursuant to section 5707 
of this title, the head of an agency or department, or his or her 
designee, may use appropriations or other funds available to the 
agency for aaministrative expenses, for the reimbursement of Fed-
eral, State, and local income taxes incurred by an employee of 
the agency or by an employee and such employee's spouse (if filing 
jointly), for any travel or transportation reimbursement made to 
an employee for which reimbursement or an allowance is provided. 
"(b) Reimbursements under this section shall include an amount 
equal to all income taxes for which the employee and spouse, 
as the case may be, would be liable due to the reimbursement 
for the taxes referred to in subsection (a). In addition, reimburse-
ments under this section shall include penalties and interest, for 
the tax years 1993 and 1994 only, as a result of agencies failing 
to withhold the appropriate amounts for tax liabilities of employees 
affected by the change in the deductibility of travel expenses made 
by PubHc Law 102-486.". 
(b) CLERICAL AMENDMENT.—^The table of sections at the begin-
ning of chapter 57 of title 5, United States Code, is amended 
by inserting after the item relating to section 5706b the following 
new item: 
"5706c. Reimbiirsement for taxes incurred on money received for travel expenses.". 
5 use 5706c 
(c) EFFECTIVE DATE.—^This section shall be effective as of 
note- 
January 1, 1993. 
SEC. 5. AUTHORITY FOR TEST PROGRAMS. 
(a) 
TRAVEL 
EXPENSES 
TEST PROGRAMS.—Subchapter 
I 
of 
chapter 57 of title 5, United States Code, is amended by adding 
at the end the following new section: 
"§ 5710. Authority for travel expenses test programs 
"(a)(1) Notwithstanding any other provision of this subchapter, 
under a test program which the Administrator of General Services 
determines to be in the interest of the Government and approves, 
an agency may pay through the proper disbursing official for a 
period not to exceed 24 months any necessary travel expenses 
in lieu of any payment otherwise authorized or required under 
this subchapter. An agency shall include in any request to the 
Administrator for approval of such a test program an analysis 
PUBLIC LAW 105-264—OCT. 19, 1998 
112 STAT. 2355 
Reports. 
Deadline. 
of the expected costs and benefits and a set of criteria for evaluating 
the effectiveness of the program. 
"(2) Any test program conducted under this section shall be 
designed to enhance cost savings or other efficiencies that accrue 
to the Government. 
"(3) Nothing in this section is intended to Umit the authority 
of any agency to conduct test programs. 
"(b) The Administrator shall transmit a copy of any test 
program approved by the Administrator under this section to the 
appropriate committees of the Congress at least 30 days before 
the effective date of the program. 
"(c) An agency authorized to conduct a test program under 
subsection (a) shall provide to the Administrator and the appro-
priate committees of the Congress a report on the results of the 
program no later than 3 months after completion of the program. 
"(d) No more than 10 test programs under this section may 
be conducted simultaneously. 
"(e) The authority to conduct test programs under this section Ejqriration date, 
shall expire 7 years after the date of the enactment of the Travel 
and Transportation Reform Act of 1998.". 
(b) RELOCATION EXPENSES TEST PROGRAMS.—Subchapter II of 
chapter 57 of title 5, United States Code, is further amended 
by adding at the end the following new section: 
*
*
§ 5739. Authority for relocation expenses test programs 
"(a)(1) Notwithstanding any other provision of this subchapter, 
under a test program which the Administrator of General Services 
determines to be in the interest of the Government and approves, 
an agency may pay through the proper disbursing official for a 
period not to exceed 24 months any necessary relocation expenses 
in heu of any pa3nnent otherwise authorized or required under 
this subchapter. An agency shall include in any request to the 
Administrator for approval of such a test program an analysis 
of the expected costs and benefits and a set of criteria for evaluating 
the effectiveness of the program. 
"(2) Any test progreun conducted under this section shall be 
designed to enhance cost savings or other efficiencies that accrue 
to the Government. 
"(3) Nothing in this section is intended to limit the authority 
of any agency to conduct test programs. 
"(b) The Administrator shall transmit a copy of any test 
program approved by the Administrator under this section to the 
appropriate committees of the Congress at least 30 days before 
the effective date of the program. 
"(c) An agency authorized to conduct a test program under 
subsection (a) shall provide to the Administrator and the appro-
priate committees of the Congress a report on the results of the 
program no later than 3 months after completion of the program. 
"(d) No more than 10 test programs under this section may 
be conducted simultaneously. 
"(e) The authority to conduct test programs under this section 
E3q)iration date, 
shall expire 7 years after the date of the enactment of the Travel 
and Transportation Reform Act of 1998.". 
(c) CLERICAL AMENDMENTS,—^The table of sections for chapter 
57 of title 5, United States Code, is further amended by— 
Reports. 
Deadline. 
112 STAT. 2356 
PUBLIC LAW 105-264—OCT. 19, 1998 
(1) inserting after the item relating to section 5709 the 
following new item: 
"5710. Authority for travel expenses test programs."; 
and 
(2) inserting after the item relating to section 5738 the 
following new item: 
"5739. Authority for relocation expenses test programs.". 
SEC. 6. DEFINITION OF UNITED STATES. 
Chapter 57 of title 5, United States Code, is amended— 
(1) in section 5721— 
(A) in paragraph (4), by striking "and" following the 
semicolon at the end; 
(B) in paragraph (5), by striking the period at the 
end and inserting a semicolon; and 
(C) by adding at the end the following new paragraphs: 
"(6) TJnited States' means the several States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Common-
wealth of the Northern Mariana Islands, the territories and 
possessions of the United States, and the areas and installa-
tions in the Republic of Panama that are made available to 
the United States pursuant to the Panama Canal Treaty of 
1977 and related agreements (as described in section 3(a) of 
the Panama Canal Act of 1979); and 
"(7) 'Foreign Service of the United States' means the 
Foreign Service as constituted under the Foreign Service Act 
of 1980."; 
(2) in section 5722— 
(A) in subsection (a)(2), by striking "outside the United 
States" and inserting "outside the continental United 
States"; and 
(B) in subsection (b), by striking "United States" each 
place it appears and inserting "Government"; 
(3) in section 5723(b), by striking "United States" each 
place it appears and inserting "Government"; 
(4) in section 5724— 
(A) in subsection (a)(3), by striking ", its territories 
or possessions" and all that follows through "1979"; and 
(B) in subsection (i), by striking "United States" each 
place it appears in the last sentence and inserting "Govern-
ment"; 
(5) in section 5724a, by striking subsection (j); 
(6) in section 5725(a), by striking "United States" and 
inserting "Government"; 
(7) in section 5727(d), by striking "United States" and 
inserting "continental United States"; 
(8) in section 5728(b), by striking "an employee of the 
United States" and inserting "an employee of the Government"; 
(9) in section 5729, by striking "or its territories or 
possessions" each place it appears; 
(10) in section 5731(b), by striking "United States" and 
inserting "Government"; and 
(11) in section 5732, by striking "United States" and 
inserting "Government". 
PUBLIC LAW 105-264—OCT. 19, 1998 
112 STAT. 2357 
SEC. 7. TECHNICAL CORRECTIONS TO THE FEDERAL EMPLOYEE 
TRAVEL REFORM ACT OF 1996. 
Section 5724a of title 5, United States Code, is amended— 
(1) in subsections (a) and (d)(1) and (2), by striking "An 
agency shall pay" each place it appears and inserting "Under 
regulations prescribed under section 5738, an agency shall pay"; 
(2) in subsections (b)(1), (c)(1), (d)(8), and (e), by striking 
"An agency may pay" each place it appears and inserting 
"Under regulations prescribed under section 5738, an agency 
may pay"; 
(3) by amending subsection (b)(l)(B)(ii) to read as follows: 
"(ii) an amount for subsistence expenses, that may 
not exceed a maximum amount determined by the Adminis-
trator of General Services."; 
(4) in subsection (c)(1)(B), by striking "an amount for 
subsistence expenses" and inserting "an amount for subsistence 
expenses, that may not exceed a maximum amount determined 
by the Administrator of General Services,"; 
(5) in subsection (d)(2)(A), by striking "for the sale" and 
inserting "of the sale"; 
(6) in subsection (dX2)(B), by striking "for the purchase" 
and inserting "of the purchase"; 
(7) in subsection (d)(8), by striking "paragraph (2) or (3)" 
and inserting "paragraph (1) or (2)"; 
(8) in subsection (f)(1), by striking "Subject to paragraph 
(2)," and inserting "Under regulations prescribed under section 
5738 and subject to paragraph (2),"; and 
(9) by striking subsection (i). 
Approved October 19, 1998. 
LEGISLATIVE HISTORY—H.R. 930: 
SENATE REPORTS: No. 105-295 (Comm. on Govenunental Aifairs). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): Apr. 16, considered and passed House. 
Vol. 144 (1998): Sept. 1, considered and passed Senate, amended. 
Oct. 5, House concurred in Senate amendments. 
112 STAT. 2356 
PUBLIC LAW 105-264—OCT. 19, 1998 
(1) inserting after the item relating to section 5709 the 
following new item: 
"5710. Authority for travel expenses test programs."; 
and 
(2) inserting after the item relating to section 5738 the 
following new item: 
"5739. Authority for relocation expenses test programs.". 
SEC. 6. DEFINITION OF UNITED STATES. 
Chapter 57 of title 5, United States Code, is amended— 
(1) in section 5721— 
(A) in paragraph (4), by striking "and" following the 
semicolon at the end; 
(B) in paragraph (5), by striking the period at the 
end and inserting a semicolon; and 
(C) by adding at the end the following new paragraphs: 
"(6) TJnited States' means the several States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Common-
wealth of the Northern Mariana Islands, the territories and 
possessions of the United States, and the areas and installa-
tions in the Republic of Panama that are made available to 
the United States pursuant to the Panama Canal Treaty of 
1977 and related agreements (as described in section 3(a) of 
the Panama Canal Act of 1979); and 
"(7) 'Foreign Service of the United States' means the 
Foreign Service as constituted under the Foreign Service Act 
of 1980."; 
(2) in section 5722— 
(A) in subsection (a)(2), by striking "outside the United 
States" and inserting "outside the continental United 
States"; and 
(B) in subsection (b), by striking "United States" each 
place it appears and inserting "Government"; 
(3) in section 5723(b), by striking "United States" each 
place it appears and inserting "Government"; 
(4) in section 5724— 
(A) in subsection (a)(3), by striking ", its territories 
or possessions" and all that follows through "1979"; and 
(B) in subsection (i), by striking "United States" each 
place it appears in the last sentence and inserting "Govern-
ment"; 
(5) in section 5724a, by striking subsection (j); 
(6) in section 5725(a), by striking "United States" and 
inserting "Government"; 
(7) in section 5727(d), by striking "United States" and 
inserting "continental United States"; 
(8) in section 5728(b), by striking "an employee of the 
United States" and inserting "an employee of the Government"; 
(9) in section 5729, by striking "or its territories or 
possessions" each place it appears; 
(10) in section 5731(b), by striking "United States" and 
inserting "Government"; and 
(11) in section 5732, by striking "United States" and 
inserting "Government". 
PUBLIC LAW 105-264—OCT. 19, 1998 
112 STAT. 2357 
SEC. 7. TECHNICAL CORRECTIONS TO THE FEDERAL EMPLOYEE 
TRAVEL REFORM ACT OF 1996. 
Section 5724a of title 5, United States Code, is amended— 
(1) in subsections (a) and (d)(1) and (2), by striking "An 
agency shall pay" each place it appears and inserting "Under 
regulations prescribed under section 5738, an agency shall pay"; 
(2) in subsections (b)(1), (c)(1), (d)(8), and (e), by striking 
"An agency may pay" each place it appears and inserting 
"Under regulations prescribed under section 5738, an agency 
may pay"; 
(3) by amending subsection (b)(l)(B)(ii) to read as follows: 
"(ii) an amount for subsistence expenses, that may 
not exceed a maximum amount determined by the Adminis-
trator of General Services."; 
(4) in subsection (c)(1)(B), by striking "an amount for 
subsistence expenses" and inserting "an amount for subsistence 
expenses, that may not exceed a maximum amount determined 
by the Administrator of General Services,"; 
(5) in subsection (d)(2)(A), by striking "for the sale" and 
inserting "of the sale"; 
(6) in subsection (dX2)(B), by striking "for the purchase" 
and inserting "of the purchase"; 
(7) in subsection (d)(8), by striking "paragraph (2) or (3)" 
and inserting "paragraph (1) or (2)"; 
(8) in subsection (f)(1), by striking "Subject to paragraph 
(2)," and inserting "Under regulations prescribed under section 
5738 and subject to paragraph (2),"; and 
(9) by striking subsection (i). 
Approved October 19, 1998. 
LEGISLATIVE HISTORY—H.R. 930: 
SENATE REPORTS: No. 105-295 (Comm. on Govenunental Aifairs). 
CONGRESSIONAL RECORD: 
Vol. 143 (1997): Apr. 16, considered and passed House. 
Vol. 144 (1998): Sept. 1, considered and passed Senate, amended. 
Oct. 5, House concurred in Senate amendments. 
112 STAT. 2358 
PUBLIC LAW 105-265—OCT. 19, 1998 
Public Law 105-265 
105th Congress 
An Act 
O t 1
Q 1QQ8 
''^ amend the Great Lakes Fish and Wildlife Restoration Act of 1990 to provide 
^ • 
'•••—-— 
for implementation of recommendations of the United States Fish and Wildlife 
[H.R. 1481] 
Service contained in the Great Lakes Fishery Resources Restoration Study. 
Be it enacted by the Senate and House of Representatives 
of 
Great Lakes Fish the United States of America in Congress assembled, 
and Wildlife 
Restoration Act 
SECTION 1. SHORT TITLE. 
16 use 941 note 
This Act may be cited as the "Great Lakes Fish and Wildlife 
Restoration Act of 1998". 
16 u s e 941 note. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the Great Lakes Fishery Resources Restoration Study, 
for which a report was submitted to Congress in 1995, was 
a comprehensive study of the status, and the assessment, 
management, and restoration needs, of the fishery resources 
of the Great Lakes Basin, and was conducted through the 
joint effort of the United States Fish and Wildlife Service, 
State fish and wildlife resource management agencies, Indian 
tribes, and the Great Lakes Fishery Commission; and 
(2) the study— 
(A) found that, although State, Provincial, Native 
Americsm Tribal, and Federal agencies have made signifi-
cant progress toward the goal of restoring a healthy fish 
community to the Great Lakes Basin, additional actions 
and better coordination are needed to protect and effectively 
manage the fisheries and related resources in the Great 
Lakes Basin; and 
(B) recommended actions that are not currently funded 
but are considered essentisd to meet goals and objectives 
in managing the resources of the Great Lakes Basin. 
SEC. 3. REFERENCE; REPEAL. 
(a) REFERENCE.—Each reference in this Act (other than in 
subsection (b)) to the Great Lakes Fish and Wildlife Restoration 
Act of 1990 is a reference to the Act enacted by title I of Public 
Law 101-537 (104 Stat. 2370). 
(b) REPEAL OF DUPLICATIVE ENACTMENT.—The Great Lakes 
Fish and Wildlife Restoration Act of 1990, enacted as title II of 
16 use 941- 
Public Law 101-646 (104 Stat. 4773), is repealed. 
941g and note. 
SEC. 4. PURPOSES. 
Sectibn 1003 of the Great Lakes Fish and WildUfe Restoration 
Act of 1990 (16 U.S.C. 941a) is amended— 
PUBLIC LAW 105-265—OCT. 19, 1998 
112 STAT. 2359 
(1) in the matter preceding paragraph (1), by striking "this 
Act" and inserting "this title"; 
(2) by striking paragraph (1); 
(3) by redesignating paragraphs (2) and (3) as peiragraphs 
(1) and (2), respectively; 
(4) by striking paragraph (1) (as so redesignated) and 
inserting the following: 
"(1) to develop and implement proposals for the restoration 
of fish and wildlife resources in the Great Lakes Basin; and"; 
and 
(5) in paragraph (2) (as redesignated by paragraph (3)), 
by striking "habitat of and inserting "habitat in", 
SEC. 5. DEFINITIONS. 
Section 1004 of the Great Lakes Fish and Wildlife Restoration 
Act of 1990 (16 U.S.C. 941b) is amended— 
(1) in the matter preceding paragraph (1), by striking "this 
Act" and inserting "this title"; 
(2) by redesignating paragraphs (2), (3), (4), (5), (6), (7), 
(8), (9), and (10) as paragraphs (3), (4), (5), (6), (7), (14), (9), 
(12), and (13), respectively; 
(3) by moving paragraph (14) (as redesignated by paragraph 
(2)) to the end of the section; 
(4) in paragraph (9) (as redesignated by paragraph (2)), 
by striking "plant or animal" and inserting "plant, animal, 
or other organism"; 
(5) by inserting after paragraph (1) the following: 
"(2) the term 'Committee' means the Great Lakes Fish 
and WildHfe Restoration Proposal Review Committee estab-
lished by section 1005(c);"; 
(6) by inserting after paragraph (7) (as redesignated by 
paragraph (2)) the following: 
"(8) the term 'non-Federal source' includes a State govern-
ment, local government, Indian tribe, other non-Federal govern-
mental entity, private entity, and individual;"; 
(7) by inserting after paragraph (9) (as redesignated by 
paragraph (2)) the following: 
"(10) the term 'Report' means the United States Fish and 
Wildlife Service report entitled 'Great Lakes Fishery Resources 
Restoration Studjr*, submitted to the President of the Senate 
and the Speaker of the House of Representatives on September 
13,1995; 
"(11) the term 'restoration' means rehabilitation 
and 
maintenance of the structure, function, diversity, and dynamics 
of a biological system, including reestablishment of self-sustain-
ing populations offish and wildlife;"; 
(8) in paragraph (12) (as redesignated by paragraph (2)), 
by striking "and" at the end; and 
(9) in paragraph (13) (as redesignated by paragraph (2)), 
by striking the period at the end and inserting "; £ind". 
SEC. 6. IDENTIFICATION; REVIEW; AND IMPLEMENTATION OF 
PROPOSALS. 
Section 1005 of the Great Lakes Fish and WildUfe Restoration 
Act of 1990 (16 U.S.C. 941c) is amended to read as follows: 
112 STAT. 2360 
PUBLIC LAW 105-265—OCT. 19, 1998 
"SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF 
PROPOSALS. 
"(a) IN GENERAL.—^The Director, in consultation with the 
Committee, shall encoura^fe the development and, subject to the 
availability of appropriations, the implementation of proposals 
based on tne results of the Report. 
"(b) IDENTIFICATION OF PROPOSALS.— 
"(1) 
REQUEST 
BY THE DIRECTOR.—The Director shall 
annually request that State Directors and Indian tribes, in 
cooperation or partnership with other interested entities and 
based on the results of the Report, submit proposals for the 
restoration offish and wildlife resources. 
"(2) REQUIREMENTS FOR PROPOSALS.—^A proposal under 
paragraph (1) shall be submitted in the manner and form 
prescribed by the Director and shall be consistent with the 
^oals of the Great Lakes Water Quality Agreement, as revised 
m 1987, the 1954 Great Lakes Fisheries Convention, the 1980 
Joint Strategic Plan for the Management of Great Lakes fishery 
resources, the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4701 et seq.), and the North 
American Waterfowl Management Plan and joint ventures 
estabUshed under the plan. 
"(3) SEA LAMPREY AUTHORITY.—The Great Lakes Fishery 
Commission shall retain authority and responsibihty for formu-
lation and implementation of a comprehensive program for 
eradicating^ or minimizing sea lamprey populations in me Great 
Lakes Basm. 
"(c) REVIEW OF PROPOSALS.— 
"(1) ESTABLISHMENT OF COMMITTEE.—There is established 
the Great Lakes Fish and Wildlife Restoration Proposal Review 
Committee, which shall operate imder the guidance of the 
Council of Lake Committees of the Great Lakes Fishery 
Commission. 
"(2) MEMBERSHIP AND APPOINTMENT.— 
"(A) IN GENERAL.—The Committee shall consist of 
representatives of all State Directors and Indian tribes 
with Great Lakes fish and wildUfe management authority 
in the Great Lakes Basin. 
"(B) 
APPOINTMENTS.—State 
Directors 
and 
Tribal 
Chairs shall appoint their representatives, who shall serve 
at tiie pleasure of the appointing authority. 
"(C) OBSERVER.—The Great Lakes Coordinator of the 
United States Fish and Wildlife Service shall participate 
as an observer of the Committee. 
"(D) RECUSAL.—^A member of the Committee shall 
recuse himself or herself from consideration of proposals 
that the member, or the entity that the member represents, 
has submitted. 
"(3) FUNCTIONS.—^The Committee shall at least annually— 
"(A) review proposals developed in accordance with 
subsection (b) to assess their effectiveness and appropriate-
ness in fulfilling the purposes of this title; and 
"(B) recommend to the Director any of those proposals 
that should be funded and implemented under this section. 
"(d) 
IMPLEMENTATION 
OF 
PROPOSALS.—^After 
considering 
recommendations of the Committee and the goals specified in sec-
tion 1006, the Director shall select proposals to be implemented