[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
[[Page 131 STAT. 858]]
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.
<all>