PUBLIC LAW 115–38—JUNE 6, 2017 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. 

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 

Compliance. 

DHS Stop Asset 

and Vehicle 

Excess Act. 

6 USC 101 note. 

June 6, 2017 

[H.R. 366] 

131 STAT. 856 PUBLIC LAW 115–38—JUNE 6, 2017 

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 

Determination. 

Effective date. 

Plan. 

PUBLIC LAW 115–38—JUNE 6, 2017 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) 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 

Recommendations. 

Determinations. 

Determination. 

Plan. 

131 STAT. 858 PUBLIC LAW 115–38—JUNE 6, 2017 

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. 

Determination. 

Effective date. 

PUBLIC LAW 115–38—JUNE 6, 2017 131 STAT. 859 

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. 

Æ 

‘‘(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) 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. 

Analysis.