[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 366 Reported in Senate (RS)]

<DOC>





                                                        Calendar No. 41
115th CONGRESS
  1st Session
                                H. R. 366

                          [Report No. 115-32]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2017

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                             April 24, 2017

                Reported by Mr. Johnson, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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.''.

<DELETED>SEC. 3. GAO REPORT AND INSPECTOR GENERAL REVIEW.</DELETED>

<DELETED>    (a) GAO Report.--Not later than 1 year after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the following:</DELETED>
        <DELETED>    (1) The status of efforts at achieving a 
        capability to collect automated information as required under 
        subsection (c)(3) of section 701 of the Homeland Security Act 
        of 2002 (6 U.S.C. 341), as added by section 2 of this Act, and 
        any challenges that remain with respect to achieving the 
        capability to collect, assess, and report vehicle fleet (as 
        such term in defined in subsection (c)(9) of such section 701) 
        data for the purpose of determining vehicle 
        utilization.</DELETED>
        <DELETED>    (2) The extent to which the Under Secretary for 
        Management has identified and addressed any relevant security 
        concerns, including cybersecurity risks, related to such 
        automation.</DELETED>
        <DELETED>    (3) The extent to which the Under Secretary 
        collects, assesses, and reports on vehicle fleet event data 
        recorder data.</DELETED>
<DELETED>    (b) Inspector General Review.--The Inspector General of 
the Department of Homeland Security shall--</DELETED>
        <DELETED>    (1) review 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 years 2018 
        and 2020, and shall provide, upon request, to the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate information regarding any such review; and</DELETED>
        <DELETED>    (2) submit to the committees specified in 
        paragraph (1) a report, not later than 6 months after 
        completion of the second review required under such paragraph, 
        regarding the effectiveness of such subsection with respect to 
        cost avoidance, savings realized, and component 
        operations.</DELETED>

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).
                                                        Calendar No. 41

115th CONGRESS

  1st Session

                               H. R. 366

                          [Report No. 115-32]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             April 24, 2017

                        Reported with amendments