[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.