A bill to reduce the amount provided to agencies that do not comply with reasonable vehicle utilization standards and to establish methods and procedures for evaluating vehicle fleets.

II 116TH CONGRESS 2D SESSION S. 4776 To reduce the amount provided to agencies that do not comply with reasonable vehicle utilization standards and to establish methods and procedures for evaluating vehicle fleets. IN THE SENATE OF THE UNITED STATES SEPTEMBER 30 (legislative day, OCTOBER 29), 2020 Mrs. SHAHEEN (for herself, Mr. LANKFORD, and Mr. KING) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To reduce the amount provided to agencies that do not comply with reasonable vehicle utilization standards and to establish methods and procedures for evaluating vehi- cle fleets. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. VEHICLE FLEET UTILIZATION. 3 (a) DEFINITIONS.—In this section— 4 (1) the term ‘‘Administrator’’ means the Ad- 5 ministrator of General Services; 6 VerDate Sep 11 2014 04:19 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4776.IS S4776 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4776 IS (2) the term ‘‘baseline vehicle budget for the ve- 1 hicle fleet management component’’ means the lesser 2 of— 3 (A) the sum, as determined by the Direc- 4 tor of the Office of Management and Budget, 5 of— 6 (i) the total dollar amount obligated 7 by the vehicle fleet management component 8 to purchase, maintain, and operate vehicles 9 in fiscal year 2019; and 10 (ii) the total dollar amount obligated 11 by the vehicle fleet management component 12 to lease, maintain, and operate vehicles in 13 fiscal year 2019; and 14 (B) the annual average, as determined by 15 the Director of the Office of Management and 16 Budget, of the sum of— 17 (i) the total dollar amount obligated 18 by the vehicle fleet management component 19 to purchase, maintain, and operate vehicles 20 during the last 3 full fiscal years before 21 the date of enactment of this Act; and 22 (ii) the total dollar amount obligated 23 by the vehicle fleet management component 24 to lease, maintain, and operate vehicles 25 VerDate Sep 11 2014 04:19 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4776.IS S4776 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4776 IS during the last 3 full fiscal years before 1 the date of enactment of this Act; and 2 (3) the term ‘‘executive agency’’ means an 3 agency, as defined under section 551 of title 5, 4 United States Code, that is in the executive branch; 5 (4) the term ‘‘Government-wide vehicle usage 6 standards’’ means the vehicle usage standards estab- 7 lished by the Administrator under subsection 8 (b)(1)(A); 9 (5) the term ‘‘uniform vehicle fleet methods and 10 procedures’’ means the methods and procedures es- 11 tablished by the Administrator under subsection 12 (b)(1)(B); and 13 (6) the term ‘‘vehicle fleet management compo- 14 nent’’ means the agency, office, or component of an 15 executive agency that establishes requirements and 16 manages expenditures with respect to the use of ve- 17 hicles by officers and employees of the executive 18 agency. 19 (b) ESTABLISHMENT OF STANDARDS AND METHODS 20 AND PROCEDURES.— 21 (1) IN GENERAL.—The Administrator— 22 (A) shall establish vehicle usage standards 23 for the executive branch of the Federal Govern- 24 ment; and 25 VerDate Sep 11 2014 04:19 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4776.IS S4776 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4776 IS (B) in consultation with the Director of 1 the Office of Management and Budget, shall es- 2 tablish uniform methods and procedures for use 3 by executive agencies— 4 (i) in— 5 (I) determining the appropriate 6 size of the vehicle fleet of the execu- 7 tive agency; 8 (II) determining whether to lease 9 or purchase a vehicle; 10 (III) assessing the utilization of 11 vehicles by the executive agency; and 12 (IV) documenting a decision to 13 keep a vehicle that does not meet the 14 vehicle utilization criteria; and 15 (ii) that require the vehicle fleet man- 16 agement component of the executive agen- 17 cy to maintain the procedures and the doc- 18 umentation described in clause (i)(IV) in 19 an easily accessible manner. 20 (2) CONTENTS.—The Government-wide vehicle 21 usage standards— 22 (A) shall include annual mileage minimums 23 of 12,000 miles for passenger vehicles and 24 10,000 miles for light trucks; and 25 VerDate Sep 11 2014 04:19 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4776.IS S4776 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4776 IS (B) may include additional standards, in- 1 cluding number of trips per month and number 2 of passengers per month. 3 (3) PUBLICATION.—The Administrator shall 4 make publicly available the Government-wide vehicle 5 usage standards, including documentation require- 6 ments and metrics, and the uniform vehicle fleet 7 methods and procedures. 8 (c) IMPLEMENTATION OF STANDARDS.— 9 (1) ALTERNATIVE STANDARDS.— 10 (A) IN GENERAL.—An executive agency 11 may establish and implement separate vehicle 12 usage standards for the executive agency. 13 (B) REVIEW.— 14 (i) IN GENERAL.—Any vehicle usage 15 standards implemented by an executive 16 agency as described in subparagraph (A) 17 shall be reviewed annually by the Adminis- 18 trator to ensure an optimal fleet profile. 19 (ii) PROVISION OF INFORMATION.— 20 The Administrator shall establish a process 21 for obtaining information from executive 22 agencies on vehicle utilization before mak- 23 ing a determination under subparagraph 24 (C). 25 VerDate Sep 11 2014 04:19 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4776.IS S4776 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4776 IS (C) REDUCTION IN BUDGET FOR WEAKER 1 STANDARDS.— 2 (i) IN GENERAL.—For any fiscal year 3 for which the Administrator determines 4 that the vehicle usage standards imple- 5 mented by an executive agency as de- 6 scribed in subparagraph (A) are less strin- 7 gent than the Government-wide vehicle 8 usage standards, the vehicle fleet manage- 9 ment component of the executive agency 10 may not obligate for the purchase or lease 11 of vehicles more than the amount equal to 12 90 percent of the baseline vehicle budget 13 for the vehicle fleet management compo- 14 nent. 15 (ii) APPEALS PROCESS.—The Director 16 shall provide an appeal process under 17 which an executive agency may appeal a 18 determination under clause (i) on the basis 19 that the mission profile of the executive 20 agency requires a less stringent vehicle 21 usage standard. If such an appeal is suc- 22 cessful, the amount that may be obligated 23 for the purchase of lease of vehicles shall 24 not be reduced under clause (i). 25 VerDate Sep 11 2014 04:19 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4776.IS S4776 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4776 IS (2) FAILURE TO IMPLEMENT STANDARDS.—For 1 any fiscal year for which the Administrator deter- 2 mines that an executive agency does not have vehicle 3 usage standards in effect, the vehicle fleet manage- 4 ment component of the executive agency may not ob- 5 ligate for the purchase or lease of vehicles more than 6 the amount equal to 80 percent of the baseline vehi- 7 cle budget for the vehicle fleet management compo- 8 nent. 9 (d) IMPLEMENTATION OF METHODS AND PROCE- 10 DURES.— 11 (1) IN GENERAL.—The head of each executive 12 agency shall ensure that— 13 (A) the uniform vehicle fleet methods and 14 procedures are implemented by the executive 15 agency, consistent with internal control stand- 16 ards; 17 (B) supporting documentation is made 18 publicly available regarding— 19 (i) any determination of the appro- 20 priate size of the vehicle fleet of the execu- 21 tive agency; and 22 (ii) the justification for any deviation 23 from the Government-wide vehicle usage 24 standards; and 25 VerDate Sep 11 2014 04:19 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4776.IS S4776 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4776 IS (C) the vehicle fleet management compo- 1 nent of the executive agency maintains the pro- 2 cedures described in subparagraph (A) and the 3 documentation described in subparagraph (B) 4 in an easily accessible manner. 5 (2) UNDERUTILIZATION REVIEW.—The head of 6 each executive agency shall document— 7 (A) an annual review of the vehicle fleet of 8 the executive agency to identify underutilized 9 vehicles; and 10 (B) actions taken to remove underutilized 11 vehicles from the vehicle fleet or a justification 12 for the continued use of the underutilized vehi- 13 cles. 14 (3) AUDITS.—Not less frequently than once 15 every 2 years, the Inspector General of each execu- 16 tive agency shall— 17 (A) conduct an audit of the vehicle fleet 18 management practices of the executive agency 19 evaluating compliance with this section; 20 (B) submit to each committee of either 21 House of Congress with jurisdiction of the ac- 22 tivities or funding of the executive agency and 23 the Administrator a report regarding the audit; 24 and 25 VerDate Sep 11 2014 04:19 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4776.IS S4776 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4776 IS (C) make publicly available a report re- 1 garding the audit. 2 Æ VerDate Sep 11 2014 04:19 Oct 17, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S4776.IS S4776 kjohnson on DSK79L0C42PROD with BILLS