59–006 

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: 


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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). 


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‘‘(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 fisVerDate Sep 11 2014 21:13 Apr 15, 2016 Jkt 059006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6621 E:\HR\OC\HR494.XXX HR494

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cal 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. 


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1 OIG, DHS Home-to-Work Transportation, OIG-14-21 (Washington, D.C.: Dec. 20, 2013). 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, OIG16-02 (Washington, D.C.: Oct. 21, 2015). 

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. 

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. 

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 parVerDate Sep 11 2014 21:13 Apr 15, 2016 Jkt 059006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR494.XXX HR494

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ticular, 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’’. 


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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. 


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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-yougo 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. 


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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 vehiVerDate Sep 11 2014 21:13 Apr 15, 2016 Jkt 059006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\HR494.XXX HR494

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cle 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 


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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: 


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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 


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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 

* * * * * * * 

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. 


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(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. 


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(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.— 


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(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. 


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(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 


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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. 

ø(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 


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(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). 

ø(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)). 

* * * * * * * 

Æ 


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