[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.
[[Page H790]]
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