[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 366 Enrolled Bill (ENR)]
H.R.366
One Hundred Fifteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and seventeen
An Act
To amend the Homeland Security Act of 2002 to direct the Under Secretary
for Management of the Department of Homeland Security to make certain
improvements in managing the Department's vehicle fleet, and for other
purposes.
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 ``DHS Stop Asset and Vehicle Excess
Act'' or the ``DHS SAVE Act''.
SEC. 2. DHS VEHICLE FLEETS.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended--
(1) in subsection (a)(5), by inserting ``vehicle fleets (under
subsection (c)),'' after ``equipment,'';
(2) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Vehicle Fleets.--
``(1) In general.--In carrying out responsibilities regarding
vehicle fleets pursuant to subsection (a)(5), the Under Secretary
for Management shall be responsible for overseeing and managing
vehicle fleets throughout the Department. The Under Secretary shall
also be responsible for the following:
``(A) Ensuring that components are in compliance with
Federal law, Federal regulations, executive branch guidance,
and Department policy (including associated guidance) relating
to fleet management and use of vehicles from home to work.
``(B) Developing and distributing a standardized vehicle
allocation methodology and fleet management plan for components
to use to determine optimal fleet size in accordance with
paragraph (4).
``(C) Ensuring that components formally document fleet
management decisions.
``(D) Approving component fleet management plans, vehicle
leases, and vehicle acquisitions.
``(2) Component responsibilities.--
``(A) In general.--Component heads--
``(i) shall--
``(I) comply with Federal law, Federal regulations,
executive branch guidance, and Department policy
(including associated guidance) relating to fleet
management and use of vehicles from home to work;
``(II) ensure that data related to fleet management
is accurate and reliable;
``(III) use such data to develop a vehicle
allocation tool derived by using the standardized
vehicle allocation methodology provided by the Under
Secretary for Management to determine the optimal fleet
size for the next fiscal year and a fleet management
plan; and
``(IV) use vehicle allocation methodologies and
fleet management plans to develop annual requests for
funding to support vehicle fleets pursuant to paragraph
(6); and
``(ii) may not, except as provided in subparagraph (B),
lease or acquire new vehicles or replace existing vehicles
without prior approval from the Under Secretary for
Management pursuant to paragraph (5)(B).
``(B) Exception regarding certain leasing and
acquisitions.--If exigent circumstances warrant such, a
component head may lease or acquire a new vehicle or replace an
existing vehicle without prior approval from the Under
Secretary for Management. If under such exigent circumstances a
component head so leases, acquires, or replaces a vehicle, such
component head shall provide to the Under Secretary an
explanation of such circumstances.
``(3) Ongoing oversight.--
``(A) Quarterly monitoring.--In accordance with paragraph
(4), the Under Secretary for Management shall collect, on a
quarterly basis, information regarding component vehicle
fleets, including information on fleet size, composition, cost,
and vehicle utilization.
``(B) Automated information.--The Under Secretary for
Management shall seek to achieve a capability to collect, on a
quarterly basis, automated information regarding component
vehicle fleets, including the number of trips, miles driven,
hours and days used, and the associated costs of such mileage
for leased vehicles.
``(C) Monitoring.--The Under Secretary for Management shall
track and monitor component information provided pursuant to
subparagraph (A) and, as appropriate, subparagraph (B), to
ensure that component vehicle fleets are the optimal fleet size
and cost effective. The Under Secretary shall use such
information to inform the annual component fleet analyses
referred to in paragraph (4).
``(4) Annual review of component fleet analyses.--
``(A) In general.--To determine the optimal fleet size and
associated resources needed for each fiscal year beginning with
fiscal year 2018, component heads shall annually submit to the
Under Secretary for Management a vehicle allocation tool and
fleet management plan using information described in paragraph
(3)(A). Such tools and plans may be submitted in classified
form if a component head determines that such is necessary to
protect operations or mission requirements.
``(B) Vehicle allocation tool.--Component heads shall
develop a vehicle allocation tool in accordance with subclause
(III) of paragraph (2)(A)(i) that includes an analysis of the
following:
``(i) Vehicle utilization data, including the number of
trips, miles driven, hours and days used, and the
associated costs of such mileage for leased vehicles, in
accordance with such paragraph.
``(ii) The role of vehicle fleets in supporting mission
requirements for each component.
``(iii) Any other information determined relevant by
such component heads.
``(C) Fleet management plans.--Component heads shall use
information described in subparagraph (B) to develop a fleet
management plan for each such component. Such fleet management
plans shall include the following:
``(i) A plan for how each such component may achieve
optimal fleet size determined by the vehicle allocation
tool required under such subparagraph, including the
elimination of excess vehicles in accordance with paragraph
(5), if applicable.
``(ii) A cost benefit analysis supporting such plan.
``(iii) A schedule each such component will follow to
obtain optimal fleet size.
``(iv) Any other information determined relevant by
component heads.
``(D) Review.--The Under Secretary for Management shall
review and make a determination on the results of each
component's vehicle allocation tool and fleet management plan
under this paragraph to ensure each such component's vehicle
fleets are the optimal fleet size and that components are in
compliance with applicable Federal law, Federal regulations,
executive branch guidance, and Department policy (including
associated guidance) pursuant to paragraph (2) relating to
fleet management and use of vehicles from home to work. The
Under Secretary shall use such tools and plans when reviewing
annual component requests for vehicle fleet funding in
accordance with paragraph (6).
``(5) Guidance to develop fleet management plans.--The Under
Secretary for Management shall provide guidance, pursuant to
paragraph (1)(B) on how component heads may achieve optimal fleet
size in accordance with paragraph (4), including processes for the
following:
``(A) Leasing or acquiring additional vehicles or replacing
existing vehicles, if determined necessary.
``(B) Disposing of excess vehicles that the Under Secretary
determines should not be reallocated under subparagraph (C).
``(C) Reallocating excess vehicles to other components that
may need temporary or long-term use of additional vehicles.
``(6) Annual review of vehicle fleet funding requests.--As part
of the annual budget process, the Under Secretary for Management
shall review and make determinations regarding annual component
requests for funding for vehicle fleets. If component heads have
not taken steps in furtherance of achieving optimal fleet size in
the prior fiscal year pursuant to paragraphs (4) and (5), the Under
Secretary shall provide rescission recommendations to the Committee
on Appropriations and the Committee on Homeland Security of the
House of Representatives and the Committee on Appropriations and
the Committee on Homeland Security and Governmental Affairs of the
Senate regarding such component vehicle fleets.
``(7) Accountability for vehicle fleet management.--
``(A) Prohibition on certain new vehicle leases and
acquisitions.--The Under Secretary for Management and component
heads may not approve in any fiscal year beginning with fiscal
year 2019 a vehicle lease, acquisition, or replacement request
if such component heads did not comply in the prior fiscal year
with paragraph (4).
``(B) Prohibition on certain performance compensation.--No
Department official with vehicle fleet management
responsibilities may receive annual performance compensation in
pay in any fiscal year beginning with fiscal year 2019 if such
official did not comply in the prior fiscal year with paragraph
(4).
``(C) Prohibition on certain car services.--Notwithstanding
any other provision of law, no senior executive service
official of the Department whose office has a vehicle fleet may
receive access to a car service in any fiscal year beginning
with fiscal year 2019 if such official did not comply in the
prior fiscal year with paragraph (4).
``(8) Motor pool.--
``(A) In general.--The Under Secretary for Management may
determine the feasibility of operating a vehicle motor pool to
permit components to share vehicles as necessary to support
mission requirements to reduce the number of excess vehicles in
the Department.
``(B) Requirements.--The determination of feasibility of
operating a vehicle motor pool under subparagraph (A) shall--
``(i) include--
``(I) regions in the United States in which
multiple components with vehicle fleets are located in
proximity to one another, or a significant number of
employees with authorization to use vehicles are
located; and
``(II) law enforcement vehicles;
``(ii) cover the National Capital Region; and
``(iii) take into account different mission
requirements.
``(C) Report.--The Secretary shall include in the
Department's next annual performance report required under
current law the results of the determination under this
paragraph.
``(9) Definitions.--In this subsection:
``(A) Component head.--The term `component head' means the
head of any component of the Department with a vehicle fleet.
``(B) Excess vehicle.--The term `excess vehicle' means any
vehicle that is not essential to support mission requirements
of a component.
``(C) Optimal fleet size.--The term `optimal fleet size'
means, with respect to a particular component, the appropriate
number of vehicles to support mission requirements of such
component.
``(D) Vehicle fleet.--The term `vehicle fleet' means all
owned, commercially leased, or Government-leased vehicles of
the Department or of a component of the Department, as the case
may be, including vehicles used for law enforcement and other
purposes.''.
SEC. 3. INSPECTOR GENERAL REVIEW.
The Inspector General of the Department of Homeland Security
shall--
(1) conduct a review of the implementation of subsection (c)(4)
of section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341),
as added by section 2 of this Act, for fiscal year 2019, which
shall include analysis of the effectiveness of such subsection
(c)(4) with respect to cost avoidance, savings realized, and
component operations; and
(2) provide, upon request, to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee
on Homeland Security of the House of Representatives information
regarding the review required under paragraph (1).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.