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[Senate Report 115-32]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 41
115th Congress      }                                    {      Report
                                 SENATE
 1st Session        }                                    {      115-32
_______________________________________________________________________

                                     

                       DHS STOP ASSET AND VEHICLE

                               EXCESS ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                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

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                 April 24, 2017.--Ordered to be printed
                                  ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

69-010                         WASHINGTON : 2017                  
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                    RON JOHNSON, Wisconsin, Chairman
JOHN McCAIN, Arizona                 CLAIRE McCASKILL, Missouri
ROB PORTMAN, Ohio                    THOMAS R. CARPER, Delaware
RAND PAUL, Kentucky                  JON TESTER, Montana
JAMES LANKFORD, Oklahoma             HEIDI HEITKAMP, North Dakota
MICHAEL B. ENZI, Wyoming             GARY C. PETERS, Michigan
JOHN HOEVEN, North Dakota            MAGGIE HASSAN, New Hampshire
STEVE DAINES, Montana                KAMALA D. HARRIS, California

                  Christopher R. Hixon, Staff Director
                Gabrielle D'Adamo Singer, Chief Counsel
              Elliott A. Walden, Professional Staff Member
               Margaret E. Daum, Minority Staff Director
               Stacia M. Cardille, Minority Chief Counsel
                 Subhasri Ramanathan, Minority Counsel
                     Laura W. Kilbride, Chief Clerk

                                                       Calendar No. 41
115th Congress      }                                    {      Report
                                 SENATE
 1st Session        }                                    {      115-32
======================================================================

 
                 DHS STOP ASSET AND VEHICLE EXCESS ACT

                                _______
                                

                 April 24, 2017.--Ordered to be printed

                                _______
                                

 Mr. Johnson, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                        [To accompany H.R. 366]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred 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, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................4
 IV. Section-by-Section Analysis......................................4
  V. Evaluation of Regulatory Impact..................................5
 VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Act, as Reported.............7

                         I. Purpose and Summary

    H.R. 366, the DHS Stop Asset and Vehicle Excess Act (DHS 
SAVE Act), requires that the Department of Homeland Security 
(DHS or the Department) implement uniform standards for more 
efficient management of vehicle fleets throughout the 
Department. It also makes the Under Secretary for Management 
(USM) responsible for oversight of components' and offices' 
vehicle fleets. The Act requires the USM, among other things, 
to develop and distribute a standardized vehicle allocation 
methodology and fleet management plan for components to use to 
improve efficiency with the goal of yielding cost-savings and 
minimizing the potential for waste, fraud, and abuse.

              II. Background and the Need for Legislation

    This Committee has a history of working on bipartisan 
legislation targeting areas of waste, fraud, and abuse within 
the Federal Government. The DHS SAVE Act seeks to address 
several longstanding problems with the management of DHS's 
vehicle fleet, among the largest civilian fleets within the 
Federal Government.\1\ The impetus for this legislation was a 
series of DHS Office of Inspector General (OIG) audits that 
detailed mismanagement and waste within DHS's ``Home-to-Work'' 
(HtW) program and the Federal Protective Service (FPS) vehicle 
fleet.\2\
---------------------------------------------------------------------------
    \1\DHS Office of Inspector General, OIG-16-02, The FPS Vehicle 
Fleet Is Not Managed Effectively 1 (Oct. 2015).
    \2\See DHS Office of Inspector General, OIG-16-02, The FPS Vehicle 
Fleet Is Not Managed Effectively (Oct. 2015); DHS Office of Inspector 
General, OIG-14-126, DHS Does Not Adequately Manage or Have Enforcement 
Authority Over Its Components' Vehicle Fleet Operations (Aug. 2014); 
DHS Office of Inspector General, OIG-14-21, DHS Home-to-Work 
Transportation (Dec. 2013).
---------------------------------------------------------------------------
    In December 2013, the OIG examined DHS's HtW program, which 
provides transportation assistance, including motor vehicles, 
for certain employees to travel from their home to their place 
of work.\3\ According to the OIG, the Department spent $534 
million on its 56,000 vehicle fleet.\4\ Many of these vehicles 
are used by employees for the HtW program.\5\ The OIG reported 
that more than 17,400 employees, or 7 percent of the workforce, 
are authorized to use HtW transportation.\6\ For two of DHS's 
components, U.S. Immigration and Customs Enforcement and United 
States Secret Service, at least 40 percent of the employees 
were authorized for HtW.\7\
---------------------------------------------------------------------------
    \3\DHS Office of Inspector General, OIG-14-21, DHS Home-to-Work 
Transportation 1 (Dec. 2013).
    \4\Id. at 2.
    \5\Id.
    \6\Id.
    \7\Id.
---------------------------------------------------------------------------
    The OIG found that DHS did not provide adequate oversight 
of HtW transportation activities used by its components, 
including ensuring that the components were in compliance with 
DHS Manual 112-05-001 Home-to-Work Transportation.\8\ This led 
to inconsistent compliance across components.\9\ The OIG warned 
that the failure of DHS and the components to adequately track, 
monitor, and report home-to-work transportation-related 
activities ``may hinder detection of waste and abuse.''\10\
---------------------------------------------------------------------------
    \8\Id. at 1.
    \9\Id. at 4 (``Although all Components with HtW transportation 
users are required to report information on the program annually to the 
Office of the Chief Administrative Officer, only two Components have 
met this requirement. Consequently, the Department does not have 
accurate information on participant eligibility, vehicle mileage, 
including mileage associated with commuting and operations, as well as 
fuel costs.'').
    \10\Id.
---------------------------------------------------------------------------
    In April 2014, in response to questions asked by then-
Senator Tom Coburn, then-Ranking Member of this Committee, the 
Department acknowledged that its ``lack of success in fully 
complying with [Home-to-Work] transportation requirements'' was 
caused by the ``complexity and inadequate direction of existing 
policy.''\11\ A report issued by Senator Coburn early the next 
year noted that there may be a lack of accountability at the 
Department, stating, ``Although Secretary Johnson wisely issued 
a directive in August 2014 to curtail participation in the 
[Home-to-Work] program, it is unclear whether managers within 
DHS that were responsible for the mismanagement of the Home-to-
Work program were held accountable for the apparent waste, 
fraud, and abuse.''\12\
---------------------------------------------------------------------------
    \11\Letter from Chris Cummiskey, Acting Under Secretary for 
Management, DHS, to Sen. Tom Coburn (Apr. 8, 2014) (on file with 
Comm.).
    \12\Minority Staff of S. Committee on Homeland Sec. & Governmental 
Affairs, 113th Cong., A Review of the Department of Homeland Security 
Missions and Performance: A Report by Senator Tom Coburn, Ranking 
Member (Jan. 2015), available at https://www.hsgac.senate.gov/media/
minority-media/final-coburn-oversight-report-finds-major-problems-in-
dhs.
---------------------------------------------------------------------------
    In August 2014, the OIG issued a report titled DHS Does Not 
Adequately Manage or Have Enforcement Authority Over Its 
Components' Vehicle Fleet Operations.\13\ The report detailed 
an inconsistent approach to vehicle fleet management, with 
components managing their own vehicle fleets and overseeing and 
approving the acquisition of their own vehicles.\14\ According 
to the OIG, DHS ``has a decentralized structure'' and ``relies 
heavily on its 11 components to manage and report on motor 
vehicle fleet composition.''\15\ This decentralized environment 
has left DHS with the inability to ensure that components' 
vehicle fleets are of optimal size, cost efficient, and in 
compliance with departmental requirements.\16\ For example, the 
OIG reported that, in fiscal year 2012, the cost of operating 
underused vehicles was between $35 million and $49 million.\17\
---------------------------------------------------------------------------
    \13\DHS Office of Inspector General, OIG-14-126, DHS Does Not 
Adequately Manage or Have Enforcement Authority Over Its Components' 
Vehicle Fleet Operations 1 (Aug. 2014).
    \14\Id.
    \15\Id. at 2.
    \16\Id. at 1.
    \17\Id.
---------------------------------------------------------------------------
    In October 2015, the OIG conducted an audit of the FPS 
vehicle fleet. This report found mismanagement of the FPS fleet 
that may have cost $2.5 million in fiscal year 2014 alone.\18\ 
The audit also highlighted the Department's surplus of vehicles 
when it found that FPS had more vehicles than was justified by 
its needs.\19\ For example, in fiscal year 2014, FPS had 101 
more law enforcement vehicles than full-time law enforcement 
positions.\20\ Each spare vehicle cost an average of $9,500 per 
year, leaving an annual average cost of $959,500 just in extra 
and unused law enforcement vehicles.\21\
---------------------------------------------------------------------------
    \18\DHS Office of Inspector General, OIG-16-02, The FPS Vehicle 
Fleet Is Not Managed Effectively 3 (Oct. 2015).
    \19\Id.
    \20\Id. at 3-4.
    \21\Id.
---------------------------------------------------------------------------
    This bill aims to curtail the waste and mismanagement found 
by the OIG in FPS's vehicle fleet by applying standardized 
responsibilities across the Department regarding vehicle fleet 
management and use of vehicles from home to work. In addition 
to creating new responsibilities for the Under Secretary of 
Management, this bill also serves to codify existing policies 
at DHS that components should be following, but are not 
according to the OIG's findings.

                        III. Legislative History

    Rep. Scott Perry (R-PA-4) introduced H.R. 366, the DHS Stop 
Asset and Vehicle Excess Act, on January 6, 2017, with House 
Homeland Security Committee Chairman Michael McCaul (R-TX-10) 
and Rep. Bonnie Watson Coleman (D-NJ-12). H.R. 366 was passed 
by the House of Representatives on January 31, 2017, by voice 
vote. The Act was received in the Senate and referred to the 
Senate Committee on Homeland Security and Governmental Affairs 
on February 1, 2017.
    The Committee considered H.R. 366 at a business meeting on 
March 15, 2017. During the business meeting, Chairman Ron 
Johnson offered an amendment to streamline the reporting 
requirements in the Act by removing the U.S. Government 
Accountability Office report and limiting the number of OIG 
reports.
    The Johnson amendment and the bill, as amended by the 
Johnson amendment, were ordered reported favorably en bloc by 
voice vote. Senators present for the vote were Johnson, 
Portman, Lankford, Daines, McCaskill, Carper, Tester, Heitkamp, 
Peters, Hassan, and Harris. Consistent with Committee Rule 11, 
the Committee reports the bill with a technical amendment by 
mutual agreement of the Chairman and Ranking Member.

        IV. Section-by-Section Analysis of the Act, as Reported

Section 1. Short title

    This section specifies that the Act may be cited as the 
``DHS Stop Asset and Vehicle Excess Act'' or the ``DHS SAVE 
Act.''

Sec. 2. DHS Vehicle Fleets

    Section 2 of the Act amends the Homeland Security Act of 
2002 by adding a new subsection to section 701 regarding DHS 
Vehicle Fleets.
    New subparagraph (C)(1) of Section 701 elevates the 
responsibilities of vehicle fleet oversight and management 
throughout the Department to the USM. This subsection requires 
the USM to: 1) ensure that components' management of fleet 
vehicles and HtW policy are in compliance with all applicable 
laws, regulations, guidance, and policy; 2) aid components in 
their determination of optimal fleet size by creating a 
standardized vehicle allocation methodology and fleet 
management plan that is to be distributed to all components; 3) 
make sure that components are providing adequate documentation 
of fleet management decisions; and 4) provide greater oversight 
of components by approving fleet management decisions relating 
to fleet management plans, vehicle leases, and vehicle 
acquisitions.
    New subparagraph (C)(2) of Section 701 details the 
responsibilities of component heads as it relates to the 
management of vehicle fleets and the use of vehicles from HtW. 
Component heads must: 1) ensure that their respective fleet 
management plans and use of vehicles from HtW are in compliance 
with all applicable laws, regulations, guidance, and policy; 2) 
maintain accurate and reliable fleet management data; 3) 
utilize that data in conjunction with the standardized vehicle 
allocation methodology issued by the USM to create a vehicle 
allocation tool that is to be used to determine a fleet size 
and management plan; and 4) develop annual requests for vehicle 
fleet management funding that are based on the vehicle 
allocation methodology and fleet management plan. Component 
heads may not lease, acquire, or replace vehicles without prior 
approval from the USM, except in cases of exigent 
circumstances.
    New subparagraph (C)(3) of Section 701 requires the USM to 
provide quarterly monitoring of component vehicle fleets, with 
the goal of achieving the capability to receive automated 
information pertaining to component vehicle fleets. Such 
monitoring is meant to inform the USM as to whether components' 
vehicle fleets are cost effective and of optimal size. The USM 
will use this information for the creation of the annual review 
of component fleet analyses, as detailed in subparagraph (4).
    New subparagraph (C)(4) of Section 701 requires that 
component heads develop and submit a vehicle allocation tool 
that the USM will use to determine the efficiency of 
components' fleets and resources needed for each fiscal year, 
beginning with fiscal year 2018. Information to be analyzed in 
vehicle allocation tool includes vehicle utilization data, such 
as miles driven, and the role played in mission support. This 
information is also to be used by component heads in the 
development of fleet management plans.
    New subparagraph (C)(5) of Section 701 requires the USM to 
assist the component heads in the creation of their respective 
fleet management plans by providing guidance on, among other 
things, leasing or acquiring additional vehicles and disposing 
of excess vehicles.
    New subparagraph (C)(6) of Section 701 provides that 
components' requests for funding for vehicle fleets will be 
subject to the annual budget process.
    New subparagraph (C)(7) of Section 701 ensures that 
Department officials are held accountable for failure to comply 
with the provisions of this Act by including penalties, such as 
loss of performance compensation and car services.
    New subparagraph (C)(8) of Section 701 provides that, in an 
effort to reduce the Department's number of excess vehicles, 
the USM is authorized to determine the feasibility of 
permitting components to share vehicles through the use of a 
vehicle motor pool. The results of this determination should be 
included in the Department's next annual performance report.
    New subparagraph (C)(9) of Section 701 defines the terms 
``component head,'' ``excess vehicle,'' ``optimal fleet size,'' 
and ``vehicle fleet.''

Sec. 3. Inspector General review

    This section requires the Inspector General of the 
Department to conduct a review of the implementation of, among 
other things, the vehicle allocation tool, and an analysis of 
cost avoidance, savings realized, and component operations as a 
result of the vehicle allocation tool and fleet management 
plans.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this Act and determined 
that the Act will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the Act contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                                     April 5, 2017.
Hon. Ron Johnson,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 366, the DHS Stop 
Asset and Vehicle Excess Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 366--DHS Stop Asset and Vehicle Excess Act

    H.R. 366 would direct the Under Secretary of Management for 
the Department of Homeland Security (DHS) to oversee and manage 
vehicle fleets throughout the department. Currently, agencies 
within DHS (such as Customs and Border Protection) largely 
manage their own fleets. The act would require the Under 
Secretary to monitor compliance with federal laws and 
regulations related to the use of government vehicles, develop 
a methodology to determine optimal fleet size, and approve 
vehicle leases and acquisitions. H.R. 366 also would require 
DHS agencies to report data on vehicle use quarterly and submit 
fleet management plans, including cost-benefit analyses, 
annually to the Under Secretary.
    Based on an analysis of information from DHS, CBO estimates 
that implementing H.R. 366 would cost about $2 million in 
fiscal year 2018 and about $1 million annually thereafter, 
assuming appropriation of the necessary amounts. Most of those 
funds would cover costs for hiring additional staff for the 
Under Secretary and for upgrading computer systems. H.R. 366 
could lead to more efficient use of DHS vehicles, but we have 
no basis for estimating the magnitude or timing of any savings 
that may result.
    Enacting the legislation would not affect direct spending 
or revenues; therefore, pay-as-you-go procedures do not apply. 
CBO estimates that enacting H.R. 366 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 366 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

       VII. Changes in Existing Law Made by the Act, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

HOMELAND SECURITY ACT OF 2002

           *       *       *       *       *       *       *

SEC. 341. UNDER SECRETARY FOR MANAGEMENT

    (a) * * *
          (1) * * *

           *       *       *       *       *       *       *

          (5) Facilities, property, equipment, vehicle fleets 
        (under subsection (c)), and other material resources.

           *       *       *       *       *       *       *

    (b) * * *
    (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 
                shall 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
                          (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.
      [(c)] (d) Appointment and Evaluation.--

           *       *       *       *       *       *       *

      [(d)] (e) System for Award Management Consultation.--

           *       *       *       *       *       *       *

                                  [all]
```