Text: H.R.366 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-38 (06/06/2017)

 
[115th Congress Public Law 38]
[From the U.S. Government Publishing Office]



[[Page 131 STAT. 855]]

Public Law 115-38
115th Congress

                                 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. <<NOTE: June 6, 2017 -  [H.R. 366]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: DHS Stop Asset 
and Vehicle Excess Act. 6 USC 101 note.>> 
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) <<NOTE: Compliance.>>  comply 
                                with Federal law, Federal regulations, 
                                executive branch guidance, and 
                                Department policy (including associated 
                                guidance) relating to

[[Page 131 STAT. 856]]

                                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) <<NOTE: Determination. Effective 
                date. Plan.>>  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

[[Page 131 STAT. 857]]

                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) <<NOTE: Determination. Plan.>>  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) <<NOTE: Determinations.>>  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. <<NOTE: Recommenda- tions.>>  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

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        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) <<NOTE: Effective date.>>  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) <<NOTE: Determination.>>  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.

[[Page 131 STAT. 859]]

                    ``(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) <<NOTE: Analysis.>>  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).

    Approved June 6, 2017.

LEGISLATIVE HISTORY--H.R. 366:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 115-32 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD, Vol. 163 (2017):
            Jan. 31, considered and passed House.
            May 2, considered and passed Senate, amended.
            May 23, House concurred in Senate amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2017):
            June 6, Presidential statement.

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