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[House Report 114-494]
[From the U.S. Government Publishing Office]

114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      114-494

======================================================================
 
                 DHS STOP ASSET AND VEHICLE EXCESS ACT

                                _______
                                

 April 14, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4785]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4785) 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, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     5
Background and Need for Legislation..............................     5
Hearings.........................................................     6
Committee Consideration..........................................     6
Committee Votes..................................................     7
Committee Oversight Findings.....................................     7
New Budget Authority, Entitlement Authority, and Tax Expenditures     7
Congressional Budget Office Estimate.............................     7
Statement of General Performance Goals and Objectives............     8
Duplicative Federal Programs.....................................     8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     9
Federal Mandates Statement.......................................     9
Preemption Clarification.........................................     9
Disclosure of Directed Rule Makings..............................     9
Advisory Committee Statement.....................................     9
Applicability to Legislative Branch..............................     9
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............    13

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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 issuing 
                guidance relating to such) 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 guidance relating to such) 
                                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 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 
                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 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.''.

SEC. 3. GAO REPORT AND INSPECTOR GENERAL REVIEW.

  (a) GAO Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs a report on the following:
          (1) The status of efforts at achieving a capability to 
        collect automated information as required under subsection 
        (c)(3) of section 701 of the Homeland Security Act of 2002 (6 
        U.S.C. 341), as added by section 2 of this Act, and any 
        challenges that remain with respect to achieving the capability 
        to collect, assess, and report vehicle fleet (as such term in 
        defined in subsection (c)(9) of such section 701) data for the 
        purpose of determining vehicle utilization.
          (2) The extent to which the Under Secretary for Management 
        has identified and addressed any relevant security concerns, 
        including cybersecurity risks, related to such automation.
          (3) The extent to which the Under Secretary collects, 
        assesses, and reports on vehicle fleet event data recorder 
        data.
  (b) Inspector General Review.--The Inspector General of the 
Department of Homeland Security shall--
          (1) review 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 years 2018 and 2020, and 
        shall provide, upon request, to the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate 
        information regarding any such review; and
          (2) submit to the committees specified in paragraph (1) a 
        report, not later than six months after completion of the 
        second review required under such paragraph, regarding the 
        effectiveness of such subsection with respect to cost 
        avoidance, savings realized, and component operations.

                          Purpose and Summary

    H.R. 4785 seeks to improve management of the Department of 
Homeland Security's (DHS) vehicle fleet by requiring the Under 
Secretary for Management (USM) to, among other things, provide 
Departmental components with a standardized vehicle allocation 
methodology, which components must utilize to develop and 
inform vehicle allocation tools and fleet management plans, and 
to oversee decision-making regarding vehicle fleets throughout 
the Department.

                  Background and Need for Legislation

    In fiscal year 2014, DHS had the second largest civilian 
vehicle fleet in the Federal government, owning or leasing 
roughly 53,000 vehicles that cost approximately $462 million to 
operate. The DHS Office of Inspector General (OIG) has issued 
findings and recommendations to improve the Department's 
vehicle fleet management. In 2013, the OIG reported that 
although DHS had attempted to establish policies regarding 
employees' use of vehicles from home to work, the Department 
did not adequately monitor or oversee that process.\1\ Since 
neither DHS nor the components tracked, monitored, or reported 
home-to-work transportation-related activities, the OIG 
reported that the Department may be limited in its ability to 
detect waste and abuse.
---------------------------------------------------------------------------
    \1\ OIG, DHS Home-to-Work Transportation, OIG-14-21 (Washington, 
D.C.: Dec. 20, 2013).
---------------------------------------------------------------------------
    In 2014, the OIG found that DHS did not effectively manage 
components' fleet operations because it did not have the 
necessary authority to oversee them.\2\ Since components 
managed their own fleets and had their own operational budgets, 
they were able to make independent decisions about their 
vehicle fleets. According to the OIG, this dynamic has resulted 
in some components not adhering to Executive Branch or 
Departmental guidance related to the management of vehicle 
fleets, which places taxpayer dollars at risk of waste. As a 
result, the OIG has reported that DHS is unable to ensure that 
the Department's vehicle fleet is the optimal size or that 
vehicles are properly justified to support mission needs. 
Moreover, the OIG reported in 2015 that the USM should ensure 
that components document fleet management decisions because one 
particular component, the Federal Protective Service (FPS), 
made fleet management decisions on an ad hoc basis, which 
contributed to FPS having more vehicles than officers to 
operate them.\3\ The OIG found that about half of the vehicles 
in FPS's fleet were underutilized, or had fewer than 12,000 
miles. Similarly, according to data provided by DHS to this 
Committee, nearly two-thirds of the vehicles in the 
Department's overall fleet were driven fewer than 12,000 miles 
in fiscal year 2015.
---------------------------------------------------------------------------
    \2\ OIG, DHS Does Not Adequately Manage or Have Enforcement 
Authority Over Its Components' Vehicle Fleet Operations, OIG-14-126 
(Washington, D.C.: Aug. 21, 2014).
    \3\ DHS Office of Inspector General, The FPS Vehicle Fleet Is Not 
Managed Effectively, OIG-16-02 (Washington, D.C.: Oct. 21, 2015).
---------------------------------------------------------------------------
    The Committee appreciates the OIG's robust and ongoing 
oversight of the Department's vehicle fleet and finds DHS's 
lack of progress in improving fleet management disconcerting. 
Based on the OIG's body of work, it is clear that significant 
challenges stand in the way of the Department effectively 
managing its fleet. In particular, additional authority for the 
USM is necessary to enforce Federal laws, Federal regulations, 
Executive Branch guidance, and Departmental policy with respect 
to vehicle fleet management. The USM needs the authority to 
make all final decisions regarding vehicle fleets. Further, it 
is clear that component heads should be held accountable for 
their decisions related to fleet management, particularly in 
light of the significant sums DHS spends on car services for 
senior executives. According to Department data provided to the 
Committee, senior executive car services cost headquarters over 
$10,000 per person and direct costs for components ranged from 
over $2,000 to $9,600 per person. Given these costs, in 
addition to the costs DHS incurs to operate its vehicle fleet, 
the Department must improve its oversight and management of 
vehicles to safeguard against waste.
    This bill contains four specific elements that address 
significant challenges the Department faces with managing the 
second largest civilian vehicle fleet in the Federal 
government. Specifically, this bill establishes: (1) authority 
at the headquarters level over component vehicle fleets; (2) 
requirements for components to more rigorously evaluate their 
fleets on an ongoing basis; (3) penalties if components do not 
adhere to the requirements of the bill; and (4) a requirement 
for DHS to identify alternative methods for managing component 
fleets. It is within this Committee's oversight authority to 
ensure that the Department provides effective leadership 
regarding fleet management decisions to ensure that they are 
appropriate and necessary for the execution of vital missions.

                                Hearings

    No hearings were held on H.R. 4785. However, the Committee 
held the following oversight hearings:
    The Subcommittee on Oversight and Management Efficiency 
held a hearing on December 3, 2015, entitled ``Driving Away 
with Taxpayer Dollars: DHS's Failure to Effectively Manage the 
FPS Vehicle Fleet.'' The Subcommittee received testimony from 
Hon. John Roth, Inspector General, Office of Inspector General, 
U.S. Department of Homeland Security; Mr. L. Eric Patterson, 
Director, Federal Protective Service, U.S. Department of 
Homeland Security; and Mr. Thomas Chaleki, Deputy Chief 
Readiness Support Officer, Management Directorate, U.S. 
Department of Homeland Security.

                        Committee Consideration

    The Committee met on March 23, 2016, to consider H.R. 4785, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by unanimous consent. The 
Committee took the following actions:
    The following amendments were offered:
 An amendment offered by Mr. Perry (#1); was AGREED TO by 
unanimous consent.

     In section 2, in the proposed subsection (c)(2)(A) of section 701 
of the Homeland Security Act of 2002, in the matter preceding clause 
(i), strike ``Each component head'' and insert ``Component heads''.
     In section 2, in the proposed subsection (c)(4)(B), in the matter 
preceding clause (i), strike ``Each component head'' and insert 
``Component heads shall''.
     In section 2, in the proposed subsection (c)(4)(C)(i), strike 
``obtain''.
     In section 2, in the proposed subsection (c)(5)(B), strike ``in 
accordance with clause (iii)'' and insert ``under subparagraph (C)''.
     In section 2, in the proposed subsection (c)(9), amend 
subparagraph (D) entitled ``(D) Vehicle Fleet.'';

 An amendment offered by Ms. Jackson Lee (#2); was AGREED TO by 
unanimous consent.

     In section 2, in the proposed subsection (c) of section 701 of the 
Homeland Security Act of 2002, redesignate paragraph (9) as paragraph 
(10).
     In section 2, in the proposed subsection (c) of such section 701, 
insert after paragraph (8) a new paragraph entitled ``(9) GAO Report.''

 An amendment offered by Mrs. Watson Coleman (#3); was AGREED 
TO by unanimous consent.

     Add at the end a new section entitled ``Sec. 3. Inspector General 
Review.''

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 4785.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4785, the DHS Stop Asset and Vehicle Excess Act, would result 
in no new or increased budget authority, entitlement authority, 
or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 13, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4785, 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. 4785--DHS Stop Asset and Vehicle Excess Act

    H.R. 4785 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 bill 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. 4785 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 information from DHS, CBO estimates that 
implementing H.R. 4785 would cost about $2 million in fiscal 
year 2017 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. 4785 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. Because enacting the legislation would not 
affect direct spending or revenues, pay-as-you-go procedures do 
not apply.
    CBO estimates that enacting H.R. 4785 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 4785 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.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 4785 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This bill requires the heads of Department components to 
formally document fleet management decisions, use fleet 
management data and other documentation to determine optimal 
fleet size, and use that information to develop annual funding 
requests. The bill requires the Department's Under Secretary 
for Management (USM) to conduct ongoing oversight of component 
vehicle fleets and, among other things, track and monitor 
component data to ensure that component fleets are the optimal 
size and cost effective.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of Rule XIII, the Committee finds 
that H.R. 4785 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 4785 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4785 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

Section 1.   Short Title.

    This section provides that this bill may be cited as the 
``DHS Stop Asset and Vehicle Excess Act''.

Sec. 2.   DHS Vehicle Fleets.

    Section 2 amends section 701 of the Homeland Security Act 
of 2002 to add to the responsibilities of the Under Secretary 
for Management's (USM) oversight and management of component 
vehicle fleets throughout the Department.

    (c) Vehicle Fleets.

            (1) In General.
    Section 2(c) paragraph (1) adds responsibility for 
overseeing and managing vehicle fleets throughout the 
Department to the list of core USM responsibilities in statute. 
This section requires the USM to, among other things, develop 
and distribute a standardized vehicle allocation methodology, 
which is an analytical tool used government-wide to identify 
optimal fleet size, and a fleet management plan, which outlines 
the specific steps components will take to obtain that optimal 
fleet size. These steps are important in ensuring that 
components' fleets are the appropriate size given their mission 
needs and that component heads make sound decisions. This 
section charges the USM with approving all component fleet 
management plans, vehicle leases, and vehicle acquisitions.
            (2) Component Responsibilities.
    Section 2(c) paragraph (2) outlines specific 
responsibilities for Department components related to vehicle 
fleet management. This section requires component heads to, 
among other things, ensure that fleet management data is 
accurate and reliable and use the data and standardized 
documentation from the USM to determine their optimal fleet 
size for the next fiscal year.
    It also requires component heads to obtain approval from 
the USM before leasing or acquiring new vehicles or replacing 
existing vehicles unless exigent circumstances occur. In those 
circumstances, however, components must provide an explanation 
of the reasons for not securing prior approval from the USM. 
The Committee expects component heads to exercise the provision 
related to exigent circumstances in this paragraph only in 
extremely rare instances to meet an urgent operational need 
when it is not feasible or possible to complete all 
requirements of the Department's existing process. The 
Committee expects the USM to provide notification of such 
exceptions from the standard process to the Committee. The 
Committee will use such information in its continued oversight 
efforts and ensure that any exercise of the exception authority 
is judicious.
            (3) Ongoing Oversight.
    Section 2(c) paragraph (3) requires the USM to collect 
component fleet data on a quarterly basis, including data on 
fleet size, composition (e.g. sedans versus sports utility 
vehicles), cost, and vehicle utilization (e.g. how often and 
how far vehicles are driven). This paragraph requires that the 
USM seek to achieve the ability to collect additional component 
fleet data, including the number of trips taken, miles driven, 
hours and days used, and the associated costs of mileage for 
leased vehicles. In 2012, the Department deployed an 
information system that would allow it to collect this 
information, but is still working to fully deploy the system to 
capture certain data elements. The Committee expects the USM to 
utilize this system to carry out the responsibilities of this 
paragraph related to automated information. This paragraph also 
requires the USM to track and monitor component data to ensure 
that component fleets are the optimal size and cost effective, 
as well as inform annual component fleet analyses, discussed in 
paragraph (4).
            (4) Annual Review of Component Fleet Analyses.
    Section 2(c) paragraph (4) requires component heads to 
submit to the USM a vehicle allocation tool and fleet 
management plan each year beginning in fiscal year 2018. It 
also outlines requirements for what should be included in the 
vehicle allocation tool and fleet management plan. 
Specifically, the vehicle allocation tool should include: (1) 
vehicle utilization data (e.g. number of trips, miles driven, 
etc.); (2) the role of vehicles in supporting the component's 
mission requirements; and (3) any other information that the 
component head deems relevant. The fleet management plan should 
include: (1) a plan outlining how a component will achieve 
optimal fleet size, (2) a cost-benefit analysis, (3) a 
schedule, and (4) any other information that the component head 
deems relevant.
    This paragraph requires the USM to review each component's 
vehicle allocation tool and fleet management plan to ensure 
that its fleet reflects the optimal size and it is in 
compliance with applicable laws, regulations, and policies. It 
also requires the USM to use that information when reviewing 
annual requests for vehicle fleet funding.
            (5) Guidance to Develop Fleet Management Plans.
    Section 2(c) paragraph (5) requires the USM to provide 
guidance that establishes processes for components to use so 
that they can obtain an optimal fleet size. Specifically, the 
USM shall provide guidance to components on how they should: 
(1) lease or acquire additional vehicles or replace existing 
vehicles, (2) dispose of excess vehicles, and (3) reallocate 
excess vehicles to other components that may need temporary or 
long-term use of additional vehicles. The Committee believes 
that underutilized vehicles should be made available to other 
components that need them, or appropriately disposed of 
following the Department's guidance. The Committee expects the 
USM to provide guidance to component heads on how to transfer 
underutilized vehicles between components, or dispose of them 
altogether, potentially saving taxpayer dollars.
            (6) Annual Review of Vehicle Fleet Funding Requests.
    Section 2(c) paragraph (6) requires the USM to review and 
make determinations on annual component requests for funding 
for vehicle fleets as part of the annual budget process. If a 
component head has not taken certain required steps in 
furtherance of achieving optimal fleet size in the prior fiscal 
year, the USM is required to provide rescission recommendations 
regarding such component vehicle fleet 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. The Committee believes that component heads 
should take seriously their responsibilities to complete the 
requirements in paragraphs (4) and (5) of this legislation. The 
Committee acknowledges the potential challenge of developing 
rescission recommendations absent the required analyses; 
however, the USM should utilize all available and relevant data 
to inform such recommendations.
            (7) Accountability for Vehicle Fleet Management.
    Section 2(c) paragraph (7) establishes three penalties that 
are triggered if a component head does not fulfill the bill's 
requirements. Specifically, if component heads did not comply 
with requirements in paragraph (4) (i.e. complete a vehicle 
allocation tool or fleet management plan) in the prior fiscal 
year, then:
    1.   The USM and component heads may not approve a vehicle 
        lease, acquisition, or replacement request beginning in 
        fiscal year 2019;
    2.   no Department official with vehicle fleet management 
        responsibilities may receive annual performance awards 
        beginning in fiscal year 2019;
    3.   no Department senior executive service official whose 
        office has a vehicle fleet may receive access to a car 
        service beginning in fiscal year 2019.
    Fiscal year 2019 would be the earliest fiscal year where 
these prohibitions would be applicable, since fiscal year 2018 
is the first full fiscal year where the Department and its 
components would be able to fulfill this bill's requirements. 
The Committee believes that the second penalty would only apply 
to those officials with vehicle fleet management 
responsibilities and would not apply to staff who do not have 
the authority to implement the requirements of this Act.
            (8) Motor Pool.
    Section 2(c) paragraph (8) requires the USM to determine 
the feasibility of operating a vehicle motor pool so that 
components can share vehicles as necessary to support mission 
requirements and to reduce the number of excess vehicles in the 
Department.
    The USM shall consider the following information in 
determining the feasibility of a motor pool: (1) regions of the 
United States where multiple components with vehicle fleets are 
located in close proximity to one another or a significant 
number of employees with authorization to use government 
vehicles from home to work are located; (2) law enforcement 
vehicles; (3) the National Capital Region, where many 
components' vehicles are located; and (4) various component 
mission requirements. The Secretary is required to include a 
report on this feasibility determination in the Department's 
next annual performance report that is required under current 
law.
            (9) Definitions.
    Section 2(c) paragraph (9) defines the terms, ``component 
head'', ``excess vehicle'', ``optimal fleet size'', and 
``vehicle fleet''.

Sec. 3.   Inspector General Review.

    Section 3 requires independent oversight by the U.S. 
Government Accountability Office (GAO) and the DHS Office of 
Inspector General (OIG) on the Department's vehicle fleet. 
Specifically, section 3 directs GAO's Comptroller General to 
submit a report within 1 year of enactment to the House 
Committee on Homeland Security and Senate Committee on Homeland 
Security and Governmental Affairs on the Department's efforts 
to collect automated fleet information. Specifically, the 
report shall include any challenges associated with collecting 
automated fleet information; the extent to which the USM has 
identified and addressed security concerns, such as 
cybersecurity risks, related to that automated information; and 
the extent to which the USM collects, assesses, and reports on 
fleet event recorder data.
    Section 3 also requires the OIG to review the Department's 
implementation of section 2(c) paragraph (4), which requires 
component heads to submit to the USM a vehicle allocation tool 
and fleet management plan, for fiscal years 2018 and 2020. The 
OIG is required to provide updates on this review to the House 
Committee on Homeland Security and Senate Committee on Homeland 
Security and Governmental Affairs upon request. Further, the 
OIG shall submit a final report within 6 months after the 
second review is completed to the House Homeland Security 
Committee and Senate Committee on Homeland Security and 
Governmental Affairs. The report should outline the extent to 
which the use of a vehicle allocation tool and fleet management 
plan has led to cost avoidance, savings realized, and component 
operations. The Committee believes that continued OIG oversight 
of fleet management activities is essential to the effective 
implementation of this Act. The Act directs the OIG to report 
to the Committee so that the Committee has trend data and 
timely information on the effectiveness of the reforms set 
forth in this Act and timely information on any obstacles that 
may need to be addressed in law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black 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

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                         TITLE VII--MANAGEMENT

SEC. 701. UNDER SECRETARY FOR MANAGEMENT.

  (a) In General.--The Under Secretary for Management shall 
serve as the Chief Management Officer and principal advisor to 
the Secretary on matters related to the management of the 
Department, including management integration and transformation 
in support of homeland security operations and programs. The 
Secretary, acting through the Under Secretary for Management, 
shall be responsible for the management and administration of 
the Department, including the following:
          (1) The budget, appropriations, expenditures of 
        funds, accounting, and finance.
          (2) Procurement.
          (3) Human resources and personnel.
          (4) Information technology and communications 
        systems, including policies and directives to achieve 
        and maintain interoperable communications among the 
        components of the Department.
          (5) Facilities, property, equipment, vehicle fleets 
        (under subsection (c)), and other material resources.
          (6) Security for personnel, information technology 
        and communications systems, facilities, property, 
        equipment, and other material resources.
          (7) Strategic management planning and annual 
        performance planning and identification and tracking of 
        performance measures relating to the responsibilities 
        of the Department.
          (8) Grants and other assistance management programs.
          (9) The management integration and transformation 
        process, as well as the transition process, to ensure 
        an efficient and orderly consolidation of functions and 
        personnel in the Department and transition, including--
                  (A) the development of a management 
                integration strategy for the Department, and
                  (B) before December 1 of any year in which a 
                Presidential election is held, the development 
                of a transition and succession plan, to be made 
                available to the incoming Secretary and Under 
                Secretary for Management, to guide the 
                transition of management functions to a new 
                Administration.
          (10) The conduct of internal audits and management 
        analyses of the programs and activities of the 
        Department.
          (11) Any other management duties that the Secretary 
        may designate.
  (b) Immigration.--
          (1) In general.--In addition to the responsibilities 
        described in subsection (a), the Under Secretary for 
        Management shall be responsible for the following:
                  (A) Maintenance of all immigration 
                statistical information of the Bureau of Border 
                Security and the Bureau of Citizenship and 
                Immigration Services. Such statistical 
                information shall include information and 
                statistics of the type contained in the 
                publication entitled ``Statistical Yearbook of 
                the Immigration and Naturalization Service'' 
                prepared by the Immigration and Naturalization 
                Service (as in effect immediately before the 
                date on which the transfer of functions 
                specified under section 441 takes effect), 
                including region-by-region statistics on the 
                aggregate number of applications and petitions 
                filed by an alien (or filed on behalf of an 
                alien) and denied by such bureau, and the 
                reasons for such denials, disaggregated by 
                category of denial and application or petition 
                type.
                  (B) Establishment of standards of reliability 
                and validity for immigration statistics 
                collected by such bureaus.
          (2) Transfer of functions.--In accordance with title 
        XV, there shall be transferred to the Under Secretary 
        for Management all functions performed immediately 
        before such transfer occurs by the Statistics Branch of 
        the Office of Policy and Planning of the Immigration 
        and Naturalization Service with respect to the 
        following programs:
                  (A) The Border Patrol program.
                  (B) The detention and removal program.
                  (C) The intelligence program.
                  (D) The investigations program.
                  (E) The inspections program.
                  (F) Adjudication of immigrant visa petitions.
                  (G) Adjudication of naturalization petitions.
                  (H) Adjudication of asylum and refugee 
                applications.
                  (I) Adjudications performed at service 
                centers.
                  (J) All other adjudications performed by the 
                Immigration and Naturalization Service.
  (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 issuing guidance 
                relating to such) 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 guidance 
                                relating to such) 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 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 
                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 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.--The Under Secretary 
for Management shall--
          (1) be appointed by the President, by and with the 
        advice and consent of the Senate, from among persons 
        who have--
                  (A) extensive executive level leadership and 
                management experience in the public or private 
                sector;
                  (B) strong leadership skills;
                  (C) a demonstrated ability to manage large 
                and complex organizations; and
                  (D) a proven record in achieving positive 
                operational results;
          (2) enter into an annual performance agreement with 
        the Secretary that shall set forth measurable 
        individual and organizational goals; and
          (3) be subject to an annual performance evaluation by 
        the Secretary, who shall determine as part of each such 
        evaluation whether the Under Secretary for Management 
        has made satisfactory progress toward achieving the 
        goals set out in the performance agreement required 
        under paragraph (2).
  [(d)] (e) Interoperable Communications Defined.--In this 
section, the term ``interoperable communications'' has the 
meaning given that term in section 7303(g) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)).

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