[Congressional Record Volume 163, Number 16 (Tuesday, January 31, 2017)]
[House]
[Pages H788-H790]
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 
(H.R. 366) 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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 366

       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 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

[[Page H789]]

       ``(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. 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 of the Senate 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 have 
5 legislative days within which to revise and extend their remarks and 
to include any extraneous material 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.
  I stand before you in support of H.R. 366, the DHS Stop Asset and 
Vehicle Excess, or DHS SAVE, Act of 2016.
  In October of 2015, the DHS inspector general released a scathing 
report of the Federal Protective Service's management of their vehicle 
fleet, a report that reads like a laundry list of poor management 
decisions. The IG found that the FPS had more vehicles than officers, 
and officers were authorized to drive from home to work with 
government-owned vehicles and, actually, put more miles on the vehicles 
in driving from home and back to work than they did on the job, among 
many other things. Additionally, the report stated that the FPS was not 
in compliance with Federal and departmental compliance, 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, requires the 
components to evaluate their fleets on an ongoing basis, includes 
penalties for the mismanagement of component fleets, and 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 simply must have stricter controls in place at the 
headquarters level in order to rein in rogue components.
  As the new administration scrutinizes the DHS' operations, this bill 
will provide important authorities to root out waste, fraud, and abuse 
from the Department.
  I urge all Members to join me in supporting this bill.
  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. 366, the DHS Stop Asset and Vehicle Excess 
Act.
  H.R. 366 seeks to improve the Department of Homeland Security's 
management, acquisition, and oversight of its fleet of roughly 53,000 
vehicles. H.R. 366 requires the Under Secretary for Management to 
provide departmental components with a standardized vehicle allocation 
methodology for components to utilize to develop fleet management 
plans.
  This legislation was informed by oversight that was conducted by the 
Department's inspector general. The inspector general found that, in 
2014 and 2015, the DHS did not adequately manage or have the 
enforcement authority over components to ensure that the composition of 
its motor vehicle fleet was right sized. This lack of effective 
management led to the overuse of sports utility vehicles, unnecessary 
discretionary equipment packages, and overpayments to the GSA.
  Further, the Committee on Homeland Security received testimony from 
the Director of the Federal Protective Service that roughly half of the 
1,100 vehicles in FPS' fleet were underutilized or had fewer than 
12,000 miles. H.R. 366 grants authority to the DHS headquarters over 
components with respect to managing vehicle fleets.
  Specifically, under H.R. 366, the DHS is directed to establish 
requirements for components to more rigorously evaluate their fleets on 
an ongoing basis. Additionally, this bill directs the DHS to identify 
alternative methods for managing component fleets, such as a shared 
motor pool. The DHS has the second largest civilian vehicle fleet in 
the Federal Government at an operating cost of about $462 million.
  There is a critical linkage between the Department's operational 
effectiveness in national security missions and the effective 
management of the resources and requirements by the DHS leadership. As 
such, enhancing oversight and management should help the Department 
more effectively spend limited taxpayer dollars on what the Department 
actually needs to carry out its mission.
  H.R. 366 seeks to improve the management of DHS' vehicle fleet by 
strengthening the oversight and management of the Department's fleet by 
the Under Secretary for Management. It is also worth noting that H.R. 
366 includes language that I authored to ensure that the inspector 
general's oversight of the DHS' management of its vehicle fleet 
continues.
  I commend the OIG for its robust and ongoing oversight of the 
Department's vehicle fleet. I also commend my colleague on the Homeland 
Security Committee, Mr. Perry, for introducing this legislation and 
working in a bipartisan fashion to advance it.
  I urge the passage of H.R. 366.
  Mr. Speaker, I yield back the balance of my time.
  Mr. PERRY. Mr. Speaker, I commend my colleague for her hard work on 
this bill and for her bipartisan spirit in getting it to the floor with 
me.
  I, once again, urge my colleagues to support H.R. 366.
  Mr. Speaker, I yield back the balance of my time.
  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. 366.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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