S. 300 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

To prevent abuse of Government charge cards. 

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 ‘‘Government Charge Card Abuse 

Prevention Act of 2012’’. 

SEC. 2. MANAGEMENT OF PURCHASE CARDS. 

(a) GOVERNMENT-WIDE SAFEGUARDS AND INTERNAL CON- TROLS.— (1) IN GENERAL.—Chapter 19 of title 41, United States 

Code, is amended by adding at the end the following new 

section: 

‘‘§ 1909. Management of purchase cards 

‘‘(a) REQUIRED SAFEGUARDS AND INTERNAL CONTROLS.—The 

head of each executive agency that issues and uses purchase cards 

and convenience checks shall establish and maintain safeguards 

and internal controls to ensure the following: 

‘‘(1) There is a record in each executive agency of each 

holder of a purchase card issued by the agency for official 

use, annotated with the limitations on single transactions and 

total transactions that are applicable to the use of each such 

card or check by that purchase card holder. 

‘‘(2) Each purchase card holder and individual issued a 

convenience check is assigned an approving official other than 

the card holder with the authority to approve or disapprove 

transactions. 

‘‘(3) The holder of a purchase card and each official with 

authority to authorize expenditures charged to the purchase 

card are responsible for— 

‘‘(A) reconciling the charges appearing on each statement of account for that purchase card with receipts and 

other supporting documentation; and 

‘‘(B) forwarding a summary report to the certifying 

official in a timely manner of information necessary to 

enable the certifying official to ensure that the Federal 

Government ultimately pays only for valid charges that 

are consistent with the terms of the applicable Governmentwide purchase card contract entered into by the Administrator of General Services. 

‘‘(4) Any disputed purchase card charge, and any discrepancy between a receipt and other supporting documentation 
S. 300—2 

and the purchase card statement of account, is resolved in 

the manner prescribed in the applicable Government-wide purchase card contract entered into by the Administrator of General Services. 

‘‘(5) Payments on purchase card accounts are made 

promptly within prescribed deadlines to avoid interest penalties. 

‘‘(6) Rebates and refunds based on prompt payment, sales 

volume, or other actions by the agency on purchase card 

accounts are reviewed for accuracy and properly recorded as 

a receipt to the agency that pays the monthly bill. 

‘‘(7) Records of each purchase card transaction (including 

records on associated contracts, reports, accounts, and invoices) 

are retained in accordance with standard Government policies 

on the disposition of records. 

‘‘(8) Periodic reviews are performed to determine whether 

each purchase card holder has a need for the purchase card. 

‘‘(9) Appropriate training is provided to each purchase card 

holder and each official with responsibility for overseeing the 

use of purchase cards issued by the executive agency. 

‘‘(10) The executive agency has specific policies regarding 

the number of purchase cards issued by various component 

organizations and categories of component organizations, the 

credit limits authorized for various categories of card holders, 

and categories of employees eligible to be issued purchase cards, 

and that those policies are designed to minimize the financial 

risk to the Federal Government of the issuance of the purchase 

cards and to ensure the integrity of purchase card holders. 

‘‘(11) The executive agency uses effective systems, techniques, and technologies to prevent or identify illegal, improper, 

or erroneous purchases. 

‘‘(12) The executive agency invalidates the purchase card 

of each employee who— 

‘‘(A) ceases to be employed by the agency, immediately 

upon termination of the employment of the employee; or 

‘‘(B) transfers to another unit of the agency, immediately upon the transfer of the employee unless the agency 

determines that the units are covered by the same purchase 

card authority. 

‘‘(13) The executive agency takes steps to recover the cost 

of any illegal, improper, or erroneous purchase made with a 

purchase card or convenience check by an employee, including, 

as necessary, through salary offsets. 

‘‘(b) GUIDANCE.—The Director of the Office of Management 

and Budget shall review existing guidance and, as necessary, prescribe additional guidance governing the implementation of the 

requirements of subsection (a) by executive agencies. 

‘‘(c) PENALTIES FOR VIOLATIONS.— 

‘‘(1) IN GENERAL.—The head of each executive agency shall 

provide for appropriate adverse personnel actions or other 

punishment to be imposed in cases in which employees of 

the agency violate agency policies implementing the guidance 

required by subsection (b) or make illegal, improper, or erroneous purchases with purchase cards or convenience checks. 

‘‘(2) DISMISSAL.—Penalties prescribed for employee misuse 

of purchase cards or convenience checks shall include dismissal 

of the employee, as appropriate. 
S. 300—3 

‘‘(3) REPORTS ON VIOLATIONS.—The guidance prescribed 

under subsection (b) shall direct each head of an executive 

agency with more than $10,000,000 in purchase card spending 

annually, and each Inspector General of such an executive 

agency, on a semiannual basis, to submit to the Director of 

the Office of Management and Budget a joint 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: 

‘‘(A) A summary description of confirmed violations 

involving misuse of a purchase card following completion 

of a review by the agency or by the Inspector General 

of the agency. 

‘‘(B) A summary description of all adverse personnel 

action, punishment, or other action taken based on each 

violation. 

‘‘(d) RISK ASSESSMENTS AND AUDITS.—The Inspector General 

of each executive agency shall— 

‘‘(1) conduct periodic assessments of the agency purchase 

card or convenience check programs to identify and analyze 

risks of illegal, improper, or erroneous purchases and payments 

in order to develop a plan for using such risk assessments 

to determine the scope, frequency, and number of periodic 

audits of purchase card or convenience check transactions; 

‘‘(2) perform analysis or audits, as necessary, of purchase 

card transactions designed to identify— 

‘‘(A) potentially illegal, improper, or erroneous uses 

of purchase cards; 

‘‘(B) any patterns of such uses; and 

‘‘(C) categories of purchases that could be made by 

means other than purchase cards in order to better aggregate purchases and obtain lower prices (excluding transactions made under card-based strategic sourcing arrangements); 

‘‘(3) report to the head of the executive agency concerned 

on the results of such analysis or audits; and 

‘‘(4) report to the Director of the Office of Management 

and Budget on the implementation of recommendations made 

to the head of the executive agency to address findings of 

any analysis or audit of purchase card and convenience check 

transactions or programs for compilation and transmission by 

the Director to Congress and the Comptroller General. 

‘‘(e) RELATIONSHIP TO DEPARTMENT OF DEFENSE PURCHASE

CARD REGULATIONS.—The requirements of this section shall not 

apply to the Department of Defense. See section 2784 of title 10 

for provisions relating to management of purchase cards in the 

Department.’’. 

(2) CLERICAL AMENDMENT.—The table of sections at the 

beginning of chapter 19 of title 41, United States Code, is 

amended by adding at the end the following new item: 

‘‘1909. Management of purchase cards.’’. 

(b) CONFORMING AMENDMENTS TO DEPARTMENT OF DEFENSE

PURCHASE CARD PROVISIONS.—Subsection (b) of section 2784 of 

title 10, United States Code, is amended— 

(1) by moving paragraph (8) to the end of the subsection 

and redesignating that paragraph as paragraph (14); 
S. 300—4 

(2) by redesignating paragraphs (2), (3), (4), (5), (6), and 

(7) as paragraphs (3), (4), (5), (6), (7), and (8), respectively; 

(3) by inserting after paragraph (1) the following new paragraph (2): 

‘‘(2) That each purchase card holder and individual issued 

a convenience check is assigned an approving official other 

than the card holder with the authority to approve or disapprove transactions.’’; 

(4) by adding after paragraph (10) the following new paragraphs: 

‘‘(11) That the Department of Defense uses effective systems, techniques, and technologies to prevent or identify potential fraudulent purchases. 

‘‘(12) That the Department of Defense takes appropriate 

steps to invalidate the purchase card of each card holder who— 

‘‘(A) in the case of an employee of the Department— 

‘‘(i) ceases to be employed by the Department, 

immediately upon termination of the employment of 

the employee; or 

‘‘(ii) transfers to another unit of the Department, 

immediately upon the transfer of the employee unless 

the Secretary of Defense determines that the units 

are covered by the same purchase card authority; and 

‘‘(B) in the case of a member of the armed forces, 

is separated or released from active duty or full-time 

National Guard duty. 

‘‘(13) That the Department of Defense takes steps to recover 

the cost of any illegal, improper, or erroneous purchase made 

with a purchase card or convenience check by an employee 

or member of the armed forces, including, as necessary, through 

salary offsets.’’; and 

(5) by adding at the end the following new paragraph: 

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

Defense conducts periodic audits or reviews of purchase card 

or convenience check programs to identify and analyze risks 

of illegal, improper, or erroneous purchases and payments and 

that the findings of such audits or reviews, along with recommendations to prevent abuse of purchase cards or convenience checks, are reported to the Director of the Office of 

Management and Budget and Congress.’’. 

(c) DEADLINE FOR GUIDANCE ON MANAGEMENT OF PURCHASE

CARDS.—The Director of the Office of Management and Budget 

shall prescribe the guidance required by section 1909(b) of title 

41, United States Code, as added by subsection (a), not later than 

180 days after the date of the enactment of this Act. 

SEC. 3. MANAGEMENT OF TRAVEL CARDS. 

Section 2 of the Travel and Transportation Reform Act of 1998 

(Public Law 105–264; 5 U.S.C. 5701 note) is amended by adding 

at the end the following new subsection: 

‘‘(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 the following 

internal control activities to ensure the proper, efficient, and 

effective use of such travel charge cards: 
S. 300—5 

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

each holder of a travel charge card issued on behalf of 

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 card holder. 

‘‘(B) Rebates and refunds based on prompt payment, 

sales volume, or other actions by the agency on travel 

charge card accounts are monitored for accuracy and properly recorded as a receipt of the agency that employs the 

card holder. 

‘‘(C) Periodic reviews are performed to determine 

whether each travel charge card holder has a need for 

the travel charge card. 

‘‘(D) Appropriate training is provided to each travel 

charge card holder and each official with responsibility 

for overseeing the use of travel charge cards issued by 

the executive agency. 

‘‘(E) Each executive agency has specific policies 

regarding travel charge cards issued for various component 

organizations and categories of component organizations, 

the credit limits authorized for various categories of card 

holders, and categories of employees eligible to be issued 

travel charge cards, and designs those policies to minimize 

the financial risk to the Federal Government of the 

issuance of the travel charge cards and to ensure the 

integrity of travel charge card holders. 

‘‘(F) Each executive agency has policies to ensure its 

contractual arrangement with each travel charge card 

issuing contractor contains a requirement that the creditworthiness of an individual be evaluated before the individual is issued a travel charge card, and that no individual 

be issued a travel charge card if that individual is found 

not creditworthy as a result of the evaluation (except that 

this paragraph shall not preclude issuance of a restricted 

use, prepaid, declining balance, controlled-spend, or stored 

value card when the individual lacks a credit history or 

has a credit score below the minimum credit score established by the Director of 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 card holders 

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 (15 U.S.C. 1681a). 

‘‘(G) Each executive agency uses effective systems, techniques, and technologies to prevent or identify improper 

purchases. 

‘‘(H) Each executive agency ensures that the travel 

charge card of each employee who ceases to be employed 

by the agency is invalidated immediately upon termination 

of the employment of the employee (or, in the case of 

a member of the uniformed services, upon separation or 

release from active duty or full-time National Guard duty). 
S. 300—6 

‘‘(I) Each executive agency shall ensure that, where 

appropriate, travel card payments are issued directly to 

the travel card-issuing bank for credit to the employee’s 

individual travel card account. 

‘‘(2) GUIDANCE ON MANAGEMENT OF TRAVEL CHARGE

CARDS.—Not later than 180 days after the date of the enactment 

of the Government Charge Card Abuse Prevention Act of 2012, 

the Director of the Office of Management and Budget shall 

review the existing guidance and, as necessary, prescribe additional guidance for executive agencies governing the 

implementation of the requirements in paragraph (1). 

‘‘(3) INSPECTOR GENERAL AUDIT.—The Inspector General of each executive agency with more than $10,000,000 in travel 

card spending shall conduct periodic audits or reviews of travel 

card programs to analyze risks of illegal, improper, or erroneous 

purchases and payments. The findings of such audits or reviews 

along with recommendations to prevent improper use of travel 

cards shall be reported to the Director of the Office of Management and Budget and Congress. 

‘‘(4) PENALTIES FOR VIOLATIONS.—Consistent with the guidance prescribed under paragraph (2), each executive agency 

shall provide for appropriate adverse personnel actions to be 

imposed in cases in which employees of the executive agency 

fail to comply with applicable travel charge card terms and 

conditions or applicable agency regulations or commit fraud 

with respect to a travel charge card, including removal in 

appropriate cases. 

‘‘(5) DEFINITIONS.—In this subsection: 

‘‘(A) EXECUTIVE AGENCY.—The term ‘executive agency’ 

means an agency as that term is defined in subparagraphs 

(A) and (B) of section 5701(1) of title 5, United States 

Code. 

‘‘(B) TRAVEL CHARGE CARD.—The term ‘travel charge 

card’ means any Federal contractor-issued travel charge 

card that is individually billed to each card holder.’’. 

SEC. 4. MANAGEMENT OF CENTRALLY BILLED ACCOUNTS. 

(a) REQUIRED INTERNAL CONTROLS FOR CENTRALLY BILLED

ACCOUNTS.—The head of an executive agency that has employees 

who use a travel charge card that is billed directly to the United 

States Government shall establish and maintain the following 

internal control activities: 

(1) The executive agency shall ensure that officials with 

the authority to approve official travel verify that centrally 

billed account charges are not reimbursed to an employee. 

(2) The executive agency shall dispute unallowable and 

erroneous charges and track the status of the disputed transactions to ensure appropriate resolution. 

(3) The executive agency shall submit requests to servicing 

airlines for refunds of fully or partially unused tickets, when 

entitled to such refunds, and track the status of unused tickets 

to ensure appropriate resolution. 

(b) GUIDANCE.—Not later than 180 days after the date of the 

enactment of this Act, the Director of the Office of Management 

and Budget shall review the existing guidance and, as necessary, 

prescribe additional guidance for executive agencies implementing 

the requirements of subsection (a). 
S. 300—7 

SEC. 5. DEFINITIONS. 

In this Act: 

(1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has 

the meaning given such term in section 133 of title 41, United 

States Code. 

(2) EMPLOYEE.—The term ‘‘employee’’ has the meaning 

given such term in section 2(d)(3) of the Travel and Transportation Reform Act of 1998 (Public Law 105–264; 5 U.S.C. 5701 

note). 

SEC. 6. CONSTRUCTION. 

(a) EXECUTIVE AGENCY ACCOUNTING.—Nothing in this Act, or 

the amendments made by this Act, shall be construed to excuse 

the head of an executive agency from the responsibilities set out 

in section 3512 of title 31, United States Code, or in the Improper 

Payments Information Act of 2002 (31 U.S.C. 3321 note). 

(b) PERSONAL INFORMATION.—Nothing in this Act, or the 

amendments made by this Act, shall be construed to require the 

disclosure of personally identifying information that is otherwise 

protected from disclosure under section 552a of title 5, United 

States Code (popularly known as the Privacy Act of 1974). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.