[Congressional Record Volume 162, Number 111 (Monday, July 11, 2016)]
[House]
[Pages H4591-H4594]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 DHS STOP ASSET AND VEHICLE EXCESS ACT

  Mr. PERRY. Mr. Speaker, I move to suspend the rules and pass the bill 
(HR.

[[Page H4592]]

4785) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4785

       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 issuing guidance relating to 
     such) 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 
     guidance relating to such) 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 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 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 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

[[Page H4593]]

     a component of the Department, as the case may be, including 
     vehicles used for law enforcement and other purposes.''.

     SEC. 3. GAO REPORT AND INSPECTOR GENERAL REVIEW.

       (a) GAO Report.--Not later than one 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 a report on the 
     following:
       (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.
       (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.
       (3) The extent to which the Under Secretary collects, 
     assesses, and reports on vehicle fleet event data recorder 
     data.
       (b) Inspector General Review.--The Inspector General of the 
     Department of Homeland Security shall--
       (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
       (2) submit to the committees specified in paragraph (1) a 
     report, not later than six 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Perry) and the gentlewoman from New Jersey (Mrs. 
Watson Coleman) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. PERRY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include any extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. PERRY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 4785, the DHS Stop 
Asset and Vehicle Excess Act, or the DHS SAVE Act, of 2016.

                              {time}  1515

  In October of 2015, the DHS inspector general released a scathing 
report of the Federal Protective Service's management of its vehicle 
fleet, a report that reads like a laundry list of poor management 
decisions. The IG found that the Federal Protective Service had more 
vehicles than officers, and officers were authorized to drive from home 
to work with government-owned vehicles, the bigger problem being that 
that was where they got the bulk of the mileage on the vehicles--from 
home to work and back--and not actually on the job. Additionally, the 
report stated that the FPS was not in compliance with Federal and 
departmental requirements, which is why I introduced the DHS SAVE Act.
  This bill improves the management of DHS' vehicle fleets by 
authorizing the Under Secretary for Management at the headquarters 
level to oversee the components' vehicle fleets; it requires the 
components to evaluate their fleets on an ongoing basis; it includes 
penalties for the mismanagement of component fleets; and it requires 
the DHS to identify alternative methods for the management of component 
fleets. With the second largest civilian vehicle fleet in the Federal 
Government, the DHS must absolutely have stricter controls in place at 
the headquarters level in order to rein in rogue components.
  I urge all Members to join me in supporting this important bipartisan 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. WATSON COLEMAN. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in support of H.R. 4785, the DHS Stop Asset and Vehicle Excess 
Act.
  H.R. 4785 seeks to bolster how the Department of Homeland Security 
acquires, manages, and oversees its fleet of, roughly, 53,000 vehicles.
  In 2014, the Department's inspector general found that the DHS did 
not adequately manage or have the enforcement authority to ensure that 
the composition of its motor vehicle fleet was right-sized. The 
inspector general observed that each DHS component managed 
decisionmaking about its own fleet, thereby making it difficult for the 
DHS fleet manager to provide adequate oversight and ensure compliance 
with Federal laws, regulations, policies, and directives.
  One major issue that the inspector general identified is that, while 
the DHS fleet manager had decisionmaking authority regarding vehicle 
leases, it did not oversee and approve the acquisition of component-
owned vehicles. Last year, the inspector general amplified concerns 
about how the DHS manages its vehicle fleet in a report that was 
focused on operations with the Federal Protective Service. In a review 
issued in October of 2015, the inspector general found that, among 
other things, the DHS was unable to oversee policies related to home-
to-work vehicle use by FPS employees and that vehicle acquisition 
decisions by the FPS leadership were ad hoc.
  H.R. 4785 seeks to improve the management of the DHS vehicle fleet by 
strengthening the oversight and management of the Department's fleet by 
the Under Secretary for Management by requiring the Under Secretary to 
issue a standardized vehicle allocation methodology for use throughout 
the Department, to oversee vehicle acquisition and lease 
decisionmaking, and to ensure components compliance with Federal laws 
and Department policies that relate to fleet management.
  The DHS has the second largest civilian vehicle fleet in the Federal 
Government at an operating cost of about $462 million. As such, 
enhancing oversight and management should help the Department to more 
effectively spend limited taxpayer dollars on what the Department 
actually needs to carry out its missions.
  I would note that H.R. 4785 includes language I authored to ensure 
that the inspector general's oversight of the DHS' management of its 
vehicle fleet continues by reviewing the development, use, and 
submission of vehicle allocation tools and fleet management plans as 
required. It requires the inspector general to specifically report to 
Congress on the effectiveness of the submission requirements with 
respect to cost avoidance, savings realized, and component operations.
  As the IG has reported, the DHS' inability to adequately monitor and 
oversee the Department-wide vehicle fleet limits its ability to detect 
waste and abuse. Therefore, it is imperative that the DHS continue to 
work to develop proper processes for fleet management and to ensure 
that components heads utilize the appropriate procedures to inform 
efforts at achieving an optimal fleet size.
  I commend my colleague from Pennsylvania (Mr. Perry) for introducing 
this legislation and for working in a bipartisan fashion to advance it. 
I urge the passage of H.R. 4785.
  Mr. Speaker, I yield back the balance of my time.
  Mr. PERRY. Mr. Speaker, I yield myself such time as I may consume.
  Anecdotally, it has been some time since we had the hearing on this 
subject, but, as I recall, the vast majority of these vehicles in the 
Federal Protective Service were SUVs, including the ones that travel 
around Washington, D.C. Of those, the vast majority of them had an 
average of about 15,000 miles on them, and the fleet was generally 
turned over about 30 percent at a time almost on an annual basis. I 
just recall what 15,000 miles is to most people in America. That is a 
new vehicle, and it is an SUV. Do you really need an SUV? I understand 
it in parts of, maybe, the Midwest or in mountainous terrain or in 
swampy terrain or something--but, really, in Washington, D.C.? Folks at 
the FPS had absolutely no issue with the program, which is what 
prompted me to further this legislation and offer it.
  I thank the gentlewoman from New Jersey for her collaborative help 
and for her willingness to work with me on this and for her support on 
this.
  Once again, I urge my colleagues to support H.R. 4785.

[[Page H4594]]

  Mr. Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise today in support of H.R. 4785, 
the Department of Homeland Security Stop Asset and Vehicle Excess 
(SAVE) Act.
  H.R. 4785 will amend the Homeland Security Act of 2002 and direct the 
Under Security of Management for the Department of Homeland Security to 
oversee and manage vehicle fleets throughout the department.
  As a senior member of the House Committee on Homeland Security and a 
senior member of the Committee on Homeland Security Subcommittee on 
Cybersecurity, Infrastructure Protection, and Security Technologies, I 
believe that authorizing the Under Secretary is important in ensuring 
that DHS is well-managed.
  This bill improves the management of DHS fleets by authorizing the 
Under Secretary to impose penalties for the mismanagement of fleets and 
requires the DHS to identify alternative methods for management.
  The Under Secretary shall also be responsible for ensuring that 
components are in compliance with federal law, federal regulations, 
executive branch guidance, and department policy.
  This legislation also requires the DHS Under Security to monitor 
compliance with federal laws and regulations related to the use of 
government vehicles, develop a methodology to determine optimal fleet 
size, and approve vehicle leases and acquisitions.
  In addition, H.R. 4785 requires DHS agencies to report data on 
vehicle use quarterly and submit fleet management plans, including 
cost-benefit analyses, annually to the Under Secretary.
  Mr. Speaker, I am pleased that H.R. 4785 includes an amendment I 
offered during full committee markup that addresses the management of 
the fleet vehicles used by protective services under the purview of 
DHS.
  The Jackson Lee Amendment requires a GAO report on the status of 
efforts to achieve capability to collect automated information as 
required by the bill, and to assess the ability of Under Secretary for 
Management to identify and address any relevant security concerns 
regarding vehicles used by protective services.
  It is of the utmost importance that DHS have stricter controls in 
place in order to reign in the cost of fleet management.
  H.R. 4785 will provide better management and oversight of the second 
largest civilian vehicle fleet in the federal government, and thus save 
millions of taxpayer dollars.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Perry) that the House suspend the 
rules and pass the bill, H.R. 4785, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________