U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

" ! SENATE 110th Congress 

2d Session 

REPORT

2008

110–437 

Calendar No. 933 

GOVERNMENT CREDIT CARD ABUSE 

PREVENTION ACT OF 2008 

R E P O R T 

OF THE

COMMITTEE ON 

HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 789 

TO PREVENT ABUSE OF GOVERNMENT CREDIT 

CARDS 

AUGUST 1, 2008.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

BARACK OBAMA, Illinois 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

SUSAN M. COLLINS, Maine 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

TOM COBURN, Oklahoma 

PETE V. DOMENICI, New Mexico 

JOHN WARNER, Virginia 

JOHN E. SUNUNU, New Hampshire 

MICHAEL L. ALEXANDER, Staff Director 

KEVIN J. LANDY, Chief Counsel 

NORA K. ADKINS, GAO Detailee 

BRANDON L. MILHORN, Minority Staff Director and Chief Counsel 

RICHARD A. BEUTEL, Minority Senior Counsel 

ERIC B. CHO, Minority GSA Detailee 

TRINA DRIESSNACK TYRER, Chief Clerk 


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(III) 

C O N T E N T S 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 1 

III. Legislative History ......................................................................................... 3 

IV. Section-by-Section Analysis .......................................................................... 3 

V. Evaluation of Regulatory Impact .................................................................. 5 

VI. Congressional Budget Office Cost Estimate ................................................ 5 

VII. Changes in Existing Law Made by the Bill, as Reported ........................... 6 


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69–010 

Calendar No. 933 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–437 

GOVERNMENT CREDIT CARD ABUSE PREVENTION ACT 

OF 2008 

AUGUST 1, 2008.—Ordered to be printed 

Mr. LIEBERMAN, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 789] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 789) to prevent abuse of Government credit cards, having considered the same, reports favorably 

thereon with an amendment and recommends that the bill do pass. 

I. PURPOSE AND SUMMARY

S. 789 requires specific internal controls at the agency level to 

ensure that purchase and travel cards are used only for approved 

spending and that agencies take appropriate personnel actions for 

misuse of cards. The bill also makes permanent language that has 

appeared in appropriations bills for the last several years clarifying 

and requiring agencies to conduct creditworthiness checks of individuals before they are issued travel cards. 

As reported, the bill also clarifies that the Office of Management 

and Budget will be responsible for issuing the new guidelines for 

purchase cards and travel cards, and requires agencies and their 

Inspectors General to report to OMB on card abuses and the personnel actions taken by agencies in response to such abuses. 

II. BACKGROUND AND NEED FOR THE LEGISLATION

Since 1998, federal departments and agencies have utilized government charge cards through the General Service Administration’s (GSA) SmartPay program. Through this program, agencies 

can issue to employees two different types of cards: purchase cards 

and travel cards. Government purchase cards are used for the acquisition of commercial goods and services and are paid directly by 


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1GAO, Purchase Cards: Increased Management Oversight and Control Could Save Hundreds 

of Millions of Dollars. GAO–04–717T, Washington, D.C.: April 28, 2004; GAO, Purchase Cards: 

Steps Taken to Improve DOD Program Management, but Actions Needed to Address Misuse. 

GAO–03–156, Washington D.C.: December 2, 2003; GAO, Purchase Cards: Control Weaknesses 

Leave Army Vulnerable to Fraud, Waste, and Abuse. GAO–02–844T, Washington, D.C.: July 17, 

2002; and GAO, Purchase Cards: Control Weaknesses Leave Two Navy Units Vulnerable to 

Fraud and Abuse. GAO–02–32, Washington, D.C.: November 30, 2001. 2GAO, Governmentwide Purchase Cards: Actions Needed to Strengthen Internal Controls to 

Reduce Fraudulent, Improper, and Abusive Purchase. GAO–08–333, Washington D.C.: March 

14, 2008. 

the agency, while government travel cards are used to pay for individual government travel expenses and issued directly to government employees, who are responsible for the charges. 

Government charge cards were introduced as a low cost method 

to streamline government acquisition and travel processes. However, this new tool was implemented without sufficient internal 

controls to prevent waste, fraud, and abuse. A series of Government Accountability Office (GAO) reports over the last decade have 

identified inadequate and inconsistent controls across numerous 

federal agencies with respect to both government purchase and 

travel cards.1 This has led to millions of dollars in taxpayers’ money wasted on purchases ranging from those that are outright 

fraudulent, to ones that were of questionable need or that were unnecessarily expensive. While travel card vendors are not paid directly with taxpayers’ money like purchase cards, failure by employees to repay travel card charges results in the loss of millions 

of dollars in rebates to the Federal Government. 

Most recently, GAO issued a report in March 2008 entitled Governmentwide Purchase Cards: Actions Needed to Strengthen Internal Controls to Reduce Fraudulent, Improper, and Abusive Purchases.2 This report found, despite previous GAO reports on this 

issue and new regulations, that many of the same internal controls 

were still lacking in various government agencies with respect to 

government purchase cards, perpetuating a series of oversight deficiencies leading to waste, fraud, and abuse. 

The Government Credit Card Abuse Prevention Act is founded 

upon recommendations by GAO regarding what controls are necessary to prevent the kinds of waste, fraud, and abuse that have 

been uncovered by GAO and agency inspectors general. It mandates a consistent set of core internal controls that should be utilized by every federal agency to prevent and detect improper use 

of government charge cards. For example, it mandates the use of 

innovative technologies to prevent or identify fraudulent purchases. 

This could include controlling merchant codes to prevent a card 

from being used with specific vendors who do not provide goods and 

services that are appropriate for purchase. It could also include utilizing statistical machine learning and pattern recognition technologies that review the risk of various transactions. This technology is currently being used in commercial credit cards to flag 

purchases that do not fit normal purchasing patterns for cardholders. 

The Government Credit Card Abuse Prevention Act also provides 

that each agency inspector general will periodically conduct risk assessments of agency purchase card and travel card programs and 

perform periodic audits to identify potential fraudulent, improper, 

and abusive use of government charge cards. GAO and agency inspectors general have successfully used techniques like data minVerDate Aug 31 2005 05:31 Aug 06, 2008 Jkt 069010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR437.XXX SR437

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3GAO, Audit Guide: Auditing and Investigating the Internal Control of Government Purchase 

Card Programs. GAO–03–678G, Washington D.C.: May 1, 2003. 

ing to reveal instances of improper use of government charge cards. 

Having this information on an ongoing basis will help in strengthening and maintaining a rigorous system of internal controls to 

prevent future instances of waste, fraud, and abuse with government charge cards. 

In addition, GAO’s investigations often found inconsistent or nonexistent consequences for federal employees who misused or abused 

government charge cards. The Government Credit Card Abuse Prevention Act requires that penalties be in place so that employees 

who abuse government charge cards face consistent and appropriate consequences, including dismissal and even criminal investigation in the most serious cases, thus creating a deterrent effect 

that will prevent future misuse. 

In implementing the requirements of the Government Credit 

Card Abuse Prevention Act, the Committee urges federal agencies 

to review and utilize best practices for conducting purchase card 

and travel card programs. In this respect, the GAO’s Audit Guide 

for Auditing and Investigating the Internal Control of Government 

Purchase Card Programs is a useful summary of the best practices 

for establishing and monitoring internal controls for government 

purchase card programs.3

III. LEGISLATIVE HISTORY

On March 7, 2007, S. 789 was introduced by Senator Chuck 

Grassley and referred to the Senate Committee on Homeland Security and Governmental Affairs. The bill’s original co-sponsors were 

Senators Lieberman, Collins, and Coleman; subsequent co-sponsors 

included Senators McCaskill, Levin, Carper, and Kerry. On April 

10, 2008, S. 789 was reported favorably by the Committee by voice 

vote as amended by the Lieberman-Collins substitute. 

The substitute amendment clarifies that the Office of Management and Budget will be responsible for issuing the new guidelines 

for purchase cards and travel cards. It also requires agencies and 

their Inspectors General to report to OMB on card abuses and the 

personnel actions taken by agencies in response to such abuses. Finally, the substitute makes technical and conforming amendments 

throughout the bill. Members present for the vote on the bill as 

amended were Senators Lieberman, Levin, Akaka, Carper, 

Landrieu, McCaskill, Tester, Collins, Voinovich, and Sununu. 

IV. SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 designates the name of the act as the ‘‘Government 

Credit Card Abuse Prevention Act of 2008.’’

Section 2. Management of purchase cards 

Subsection (a) requires the head of each executive agency that 

issues and uses purchase cards and convenience checks to establish 

and maintain safeguards and internal controls to ensure effective 

management, such as, keeping a record in each executive agency 

of each holder of a purchase card issued by the agency for official 


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use, assigning each cardholder an approving official, requiring reconciliation of the charges by the purchase cardholder and approving official and supporting documentation, ensuring payments are 

made promptly for valid purchases, retaining records of each purchase card transaction in accordance with government policies on 

disposition of records, and invalidating purchase cards for employees who cease to be employed by the agency or transfer to another 

unit. 

Subsection (b) provides that no later than 180 days after the date 

of the enactment of this Act, the Director of the Office of Management and Budget shall prescribe guidance governing the implementation of the safeguards and internal controls required by subsection (a) by executive agencies. 

Subsection (c) requires the that the guidance required by subsection (b) provide for appropriate adverse personnel actions or 

other punishment in cases in which employees of an executive 

agency violate such safeguards and internal controls or are negligent or engage in misuse, abuse, or fraud with respect to a purchase card, including: from employees who are suspected of fraud, 

referral to the Inspector General of the agency for investigation, 

and, upon determination by the Inspector General that a crime 

may have occurred, referral of the case to the United States Attorney with jurisdiction over the matter, and for employees who are 

found guilty of fraud or found by the Inspector General of the agency to have egregiously abused a purchase card knowingly and willingly, dismissal of the employee. This subsection also requires that 

the guidance required by subsection (b) mandate that each head of 

an executive agency, and each Inspector General of an executive 

agency, on a semi-annual basis, submit to the Director of the Office 

of Management and Budget a report on violations or other actions, 

such as misuses or abuse, by employees of such executive agency. 

Subsection (d) requires the Inspector General of each executive 

agency to periodically conduct risk assessments of the agency purchase card programs and analyze identified weaknesses; perform 

periodic audits of purchase card transactions designed to identify 

potentially fraudulent, improper, and abusive uses, patterns of improper transactions, and categories of purchases that should be 

made by means other than purchase cards; report to the head of 

the executive agency on the results of the audits; and, report to the 

Director of the Office of Management and Budget and the Comptroller General on the implementation of recommendations made to 

address findings during audits of purchase cardholders. 

Subsection (e) provides the definition of an executive agency as 

having the meaning given such term in section 4(1) of the Office 

of Federal Procurement Policy Act (41 U.S.C. 403(a)), expect as provided under subsection (f). 

Subsection (f) provides the relationship to the Department of Defense purchase card regulations and reports conforming amendments to section 2784 of title 10, United States Code. Subsections 

(a) through (d) do not apply to the Department of Defense. 

Section 3. Management of travel cards 

Section 3 amends the Travel and Transportation Reform Act of 

1988 Section 2 (Public Law 105–264; 5 U.S.C. 5701 note) by adding 

new subsections that requires the head of each executive agency to 


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establish safeguards and internal controls over travel cards; requires the director of the Office of Management and Budget to prescribe guidance governing the implementation of the safeguards 

and internal controls; requires the head of each executive agency 

and each Inspector General of an executive agency on a semi-annual basis to submit to the director of the Office of Management 

and Budget a report on violations or other actions; requires the Inspector General of each executive agency to assess the travel card 

program and report findings to the head of the executive agency, 

the director of the Office of Management and Budget and the 

Comptroller General; and provides definitions relevant to the program. 

Section 4. Management of centrally billed accounts 

Section 4 requires the head of an executive agency that has employees who use a centrally billed account to establish and maintain safeguards and internal controls. This section also requires the 

director of the Office of Management of Budget to prescribe guidance implementing the requirements above not later than 180 days 

after the date of enactment of this Act. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill. The Congressional Budget Office 

states that the bill contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandate Reform Act and 

would not effect state, local, and tribal governments. The enactment of this legislation will not have significant regulatory impact. 

VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

APRIL 18, 2008. 

HON. JOSEPH I. LIEBERMAN, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: As you requested, the Congressional Budget Office has prepared the enclosed cost estimate for S. 789, the 

Government Credit Card Abuse Prevention Act of 2008. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

S. 789—Government Credit Card Abuse Prevention Act of 2008 

S. 789 would require executive branch agencies to establish credit card controls and safeguards, including periodic risk assessment 

analysis and audits by inspectors general (IGs). Under the legislation, the Office of Management and Budget (OMB) would be required to issue guidelines for the use of credit cards. In addition, 

executive branch agencies, IGs, and OMB would be required to 

produce a variety of reports to the Congress that assess compliance 

with the new guidelines. Finally, S. 789 would allow for the disVerDate Aug 31 2005 05:31 Aug 06, 2008 Jkt 069010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR437.XXX SR437

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missal of employees found guilty of abusing government credit 

cards. 

CBO estimates that implementing S. 789 would cost $85 million 

over the 2009–2013 period for agencies to conduct additional employee training and agency oversight, develop guidelines, and prepare additional reports, subject to the availability of appropriated 

funds. The bill could also affect direct spending by agencies not 

funded through annual appropriations, such as the Tennessee Valley Authority and the Bonneville Power Administration. CBO estimates, however, that any increase in spending by those agencies 

would not be significant. 

Implementing S. 789 could improve agencies’ control of credit 

card usage, thus discouraging the fraudulent use of government 

cards and reducing wasteful and fraudulent purchases. The Government Accountability Office (GAO) recently reported that almost 

$17 billion is spent using government charge cards each year. GAO 

found that almost 50 percent of the government credit card transactions it reviewed failed to meet basic internal control standards, 

including ensuring that goods and services were properly authorized and actually received. To the extent that wasteful or fraudulent uses are discovered by implementing the procedures specified 

in S. 789, federal spending could decline, assuming that amounts 

provided in appropriation acts would be correspondingly reduced. 

However, the extent of improper usage of credit cards is undocumented, and CBO has no basis for estimating the potential savings 

from improved controls. 

Most of the provisions of S. 789 would expand the current practices of the federal government regarding the use of credit cards. 

The General Services Administration is the contract administrator 

for federal credit cards, while OMB provides overall direction for 

governmentwide procurement policies, regulations, and procedures. 

IGs are responsible for preventing and detecting fraud and abuse 

in government programs and operations. In addition, agencies must 

actively manage their individual credit card programs by establishing policies and procedures, conducting oversight, and pursuing 

any unauthorized use of credit cards. Based on information from 

some agencies about the ongoing costs to administer federal credit 

cards, CBO estimates that implementing the bill would increase 

costs by $25 million in 2009, primarily for additional employee 

training, increased agency oversight, and new reporting requirements, and $15 million annually in subsequent years, mostly for 

additional oversight responsibilities and reporting requirements. 

S. 789 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would not 

affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. 

This estimate was approved by Theresa Gullo, Deputy Assistant 

Director for Budget Analysis. 

VII. CHANGES TO EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 789 as reported are shown as follows (existing law proposed to be omitted 

is enclosed in brackets, new matter is printed in italic, and existing 

law in which no change is proposed is shown in roman): 


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TITLE 10—ARMED FORCES 

Subtitle A—General Military Law 

PART IV—SERVICE, SUPPLY, AND PROCUREMENT 

CHAPTER 165—ACCOUNTABILITY AND RESPONSIBILITY 

* * * * * * * 

SEC. 2784. MANAGEMENT OF PURCHASE CARDS 

(a) * * * 

(b) REQUIRED SAFEGUARDS AND INTERNAL CONTROLS.—Regulations under subsection (a) shall include safeguards and internal 

controls to ensure the following: 

(1) * * * 

(11) That each purchase cardholder is assigned an approving 

official other than the cardholder with the authority to approve 

or disapprove expenditures. 

(12) That the Department of Defense utilizes technologies to 

prevent or identify fraudulent purchases. 

(13) That the Department of Defense takes appropriate steps 

to invalidate the purchase card of each employee who—

(A) ceases to be employed by the Department of Defense 

immediately upon termination of the employment of the employee; or 

(B) transfers to another unit of the Department of Defense 

immediately upon the transfer of the employee unless the 

units are covered by the same purchase card authority. 

(14) That the Department of Defense takes appropriate steps 

to recover the cost of any improper or fraudulent purchase made 

by an employee, including, as necessary, through salary offsets. 

(15) That the Inspector General of the Department of Defense 

conducts periodic risk assessments of purchase card programs 

and associated internal controls and analyzes identified weaknesses and the frequency of improper activity and uses such risk 

assessments to develop appropriate corrective actions. 

(c) * * * 

(d) SEMI-ANNUAL REPORT.—The Secretary of Defense shall submit 

to the Director of the Office of Management and Budget on a semiannual basis a report on misuse, abuse, or fraud with respect to 

purchase cards by employees of the Department of Defense. At a 

minimum, the report shall include the following: 

(1) A description of each incident covered by the report. 

(2) A description of any adverse personnel action, punishment, or other action taken against the employee in connection 

with each such incident. 

(3) A description of actions taken by the Department of Defense to address findings arising out of risk assessments and 

audits conducted pursuant to this section. 

TRAVEL AND TRANSPORTATION REFORM ACT OF 1998 

(Public Law 105–264; 5 U.S.C. 5701, note) 

* * * * * * * 


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(a) * * * 

* * * * * * * 

(h) MANAGEMENT OF TRAVEL CHARGE CARDS.— (1) REQUIRED SAFEGUARDS AND INTERNAL CONTROLS. The 

head of each executive agency that has employees that use travel 

charge cards shall establish and maintain safeguards and internal controls over travel charge cards to ensure the following: 

(A) There is a record in each executive agency of each 

holder of a travel charge card issued by the agency for official use, annotated with the limitations on amounts that 

are applicable to the use of each such card by that travel 

charge cardholder. 

(B) Rebates and refunds based on prompt payment on 

travel charge card accounts are monitored for accuracy 

and, unless otherwise provided by law, properly recorded as 

a receipt of the agency that employs the cardholder. 

(C) Periodic reviews are performed to determine whether 

each travel charge cardholder has a need for the travel 

charge card. 

(D) Appropriate training is provided to each travel 

charge cardholder and each official with responsibility for 

overseeing the use of travel charge cards issued by an executive agency. 

(E) Each executive agency has specific policies regarding 

the number of travel charge cards issued by various organizations and categories of organizations, the credit limits 

authorized for various categories of cardholders, and categories of employees eligible to be issued travel charge 

cards, and that those policies are designed to minimize the 

financial risk to the Federal Government of the issuance of 

the travel charge cards and to ensure the integrity of the 

travel charge cardholders. 

(F) Each executive agency negotiates with the holder of 

the applicable travel card contract to evaluate the creditworthiness of an individual before issuing the individual a 

travel charge card, and that no individual be issued a travel charge card if the individual is found not creditworthy 

as a result of the evaluation (except that this paragraph 

shall not preclude issuance of a restricted use travel charge 

card or pre-paid card when the individual lacks a credit 

history or has a credit score below the minimum credit 

score established by the Office of Management and Budget). 

The Director of the Office of Management and Budget shall 

establish a minimum credit score for determining the creditworthiness of an individual based on rigorous statistical 

analysis of the population of cardholders and historical behaviors. Notwithstanding any other provision of law, such 

evaluation shall include an assessment of an individual’s 

consumer report from a consumer reporting agency as those 

terms are defined in section 603 of the Fair Credit Reporting Act. 

(G) Each executive agency utilizes technologies to prevent 

or identify fraudulent purchases. 

(H) Each executive agency ensures that the travel charge 

card of each employee who ceases to be employed by the 


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agency is invalidated immediately upon termination of the 

employment of the employee. 

(I) Each executive agency utilizes, where appropriate, direct payment to the holder of the travel card contract. 

(2) GUIDANCE ON MANAGEMENT OF TRAVEL CHARGE CARDS.—

The Director of the Office of Management and Budget shall prescribe guidance governing the implementation of the safeguards 

and internal controls in paragraph (1) by executive agencies. 

(3) PENALTIES FOR VIOLATIONS.—

(A) IN GENERAL.—The regulations prescribed under paragraph (2) shall provide for appropriate adverse personnel 

actions or other punishment to be imposed in cases in 

which employees of an executive agency violate such regulations or are negligent or engage in misuse, abuse, or fraud 

with respect to a travel charge card, including removal in 

appropriate cases. 

(B) REPORTS ON VIOLATIONS.—The regulations prescribed 

under paragraph (2) shall require each head of an executive agency, and each Inspector General of an executive 

agency, on a semi-annual basis, to submit to the Director 

of the Office of Management and Budget a report on violations or other actions covered by paragraph (1) by employees of such executive agency. At a minimum, the report 

shall set forth the following: 

(i) A description of each violation or other action covered by the report. 

(ii) A description of any adverse personnel action, 

punishment, or other action taken against the employee 

for such violation or other action. 

(4) ASSESSMENTS.—The Inspector General of each executive 

agency shall—

(A) periodically conduct risk assessments of the agency 

travel card program and associated internal controls and 

analyze identified weaknesses and the frequency of improper activity in order to develop a plan for using such 

risk assessments to determine the scope, frequency, and 

number of periodic audits of travel cardholders; 

(B) perform periodic audits of travel card purchases designed to identify potentially fraudulent, improper, and 

abusive uses of travel cards; 

(C) report to the head of the executive agency concerned 

on the results of such audits; and 

(D) report to the Director of the Office of Management 

and Budget and the Comptroller General on the implementation of recommendations made to the head of the executive agency to address findings during audits of travel 

cardholders. 

(5) DEFINITIONS.—In this subsection: 

(A) The term ‘executive agency’ means an agency as that 

term is defined in section 5701 of title 5, United States 

Code, except that it is in the executive branch. 


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(B) The term ‘travel charge card’ means the Federal contractor-issued travel charge card that is individually billed 

to each cardholder. 

Æ 


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