S.300 - Government Charge Card Abuse Prevention Act of 2012112th Congress (2011-2012)
Summary: S.300 — 112th Congress (2011-2012)
Public Law (10/05/2012)
(This measure has not been amended since it was passed by the House on August 1, 2012. The summary of that version is repeated here.)
Government Charge Card Abuse Prevention Act of 2012 - (Sec. 2) Requires the head of each executive agency that issues and uses purchase cards and convenience checks, other than the Department of Defense (DOD), to establish and maintain safeguards and internal controls to ensure that: (1) records are kept of each holder of a purchase card and the applicable transaction limits; (2) each purchase card and convenience check holder is assigned an approving official; (3) the card holder and approving official perform a reconciliation of card charges with receipts and other supporting documentation and forward a summary report to a certifying official in a timely manner; (4) disputed charges are resolved in an appropriate manner; (5) payments on purchase card accounts are made promptly to avoid interest penalties; (6) rebates and refunds earned by the use of such cards are reviewed for accuracy; (7) records of each purchase card transaction are retained in accordance with standard government policies on disposition of records; (8) periodic reviews are performed to determine whether each purchase card holder has a need for such card; (9) the agency provides appropriate training to purchase card holders and supervising officials; (10) the agency has specific policies regarding the number of purchase cards issued, the authorized credit limits, and the categories of employees eligible for purchase cards; (11) effective systems, techniques, and technologies are used to prevent or identify illegal, improper, or erroneous purchases; (12) purchase cards of terminated or transferred employees are invalidated upon termination or transfer; and (13) steps are taken to recover the cost of erroneous, improper, or illegal purchases made with a purchase card or convenience check through salary offsets. Imposes similar safeguards and controls for the use of purchase cards and convenience checks by DOD personnel.
Requires the Director of the Office of Management and Budget (OMB) to review existing guidance for the use of purchase cards and convenience checks and prescribe additional necessary guidance for the implementation of safeguards and internal controls for such use.
Requires agency heads to: (1) provide for appropriate adverse personnel actions, including dismissal, for employees who violate requirements for the use of purchase cards or convenience checks; and (2) report to the Director of OMB on violations if the agency incurs more than $10 million in purchase card spending annually.
Requires agency Inspectors General to: (1) report to the Director of OMB semiannually on violations of this Act; and (2) conduct periodic assessments and audits of purchase card or convenience check programs to identify and analyze risks of illegal, improper, or erroneous uses of purchase cards or convenience checks.
(Sec. 3) Amends the Travel and Transportation Reform Act of 1998 to require agency heads that issue travel charge cards for official government travel to establish and maintain internal control activities, including: (1) maintaining a record of each holder of a travel card and of limitations on the use of such card; (2) monitoring for accuracy rebates and refunds based on prompt payment, sales volume, or other actions on card accounts; (3) conducting periodic reviews to determine whether each cardholder has a need for the card; (4) providing appropriate training to holders of such cards and supervising officials; (5) ensuring that the agency has specific policies on the number of purchase cards issued, the authorized credit limits, and the categories of employees eligible for purchase cards; (6) checking the creditworthiness of individuals to whom such a card is issued; (7) ensuring that each agency uses effective systems, techniques, and technologies to prevent or identify illegal, improper, or erroneous purchases; and (8) ensuring that the travel charge cards of employees who are terminated are invalidated immediately upon termination of employment.
Requires the Director of OMB to review existing guidance for travel cards and prescribe additional guidance for implementing internal controls for such cards.
Requires each executive agency to provide for appropriate adverse personnel actions, including removal from employment, for employees who fail to comply with applicable travel charge card terms or who commit fraud with respect to a travel card. Requires the Inspector General of each executive agency with more than $10 million in travel card spending to conduct periodic audits or reviews of travel card programs to analyze the risks of illegal, improper, or erroneous purchases and payments and to report the findings of such audits or reviews to the Director of OMB.
(Sec. 4) Requires an agency head who issues travel charge cards that are billed directly to the federal government to establish and maintain internal control activities to: (1) ensure that officials with the authority to approve official travel verify that centrally-billed account charges are not reimbursed to an employee, (2) dispute unallowable and erroneous charges and track the status of disputed transactions to ensure resolution, and (3) submit requests to servicing airlines for refunds of fully or partially unused tickets and track the status of unused tickets to ensure resolution. Directs the Director of OMB to review existing guidance and prescribe additional guidance for implementing internal controls of centrally-billed accounts.
(Sec. 6) Declares that nothing in this Act shall be construed to: (1) excuse an agency head from responsibilities relating to executive agency accounting and responsibilities under the Improper Payments Information Act of 2002, or (2) require the disclosure of personally identifying information that is otherwise protected from disclosure under the Privacy Act.