An act to amend the Homeland Security Act of 2002 to direct the Under Secretary for Management of the Department of Homeland Security to make certain improvements in managing the Department's vehicle fleet, and for other purposes
PL 115-38 (H.R.366), enacted 06/06/2017

131 STAT. 855 
PUBLIC LAW 115–38—JUNE 6, 2017 
Public Law 115–38 
115th Congress 
An Act 
To amend the Homeland Security Act of 2002 to direct the Under Secretary for 
Management of the Department of Homeland Security to make certain improve-
ments in managing the Department’s vehicle fleet, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘DHS Stop Asset and Vehicle 
Excess Act’’ or the ‘‘DHS SAVE Act’’. 
SEC. 2. DHS VEHICLE FLEETS. 
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 
341) is amended— 
(1) in subsection (a)(5), by inserting ‘‘vehicle fleets (under 
subsection (c)),’’ after ‘‘equipment,’’; 
(2) by redesignating subsections (c) and (d) as subsections 
(d) and (e), respectively; and 
(3) by inserting after subsection (b) the following new sub-
section: 
‘‘(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 man-
aging 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 guid-
ance, and Department policy (including associated guid-
ance) 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 accord-
ance 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 regula-
tions, executive branch guidance, and Department 
policy (including associated guidance) relating to 
Compliance. 
DHS Stop Asset 
and Vehicle 
Excess Act. 
6 USC 101 note. 
June 6, 2017 
[H.R. 366] 
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131 STAT. 856 
PUBLIC LAW 115–38—JUNE 6, 2017 
fleet management and use of vehicles from home 
to work; 
‘‘(II) ensure that data related to fleet manage-
ment is accurate and reliable; 
‘‘(III) use such data to develop a vehicle alloca-
tion tool derived by using the standardized vehicle 
allocation methodology provided by the Under Sec-
retary 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 Sec-
retary for Management pursuant to paragraph (5)(B). 
‘‘(B) EXCEPTION
REGARDING
CERTAIN
LEASING
AND 
ACQUISITIONS.—If exigent circumstances warrant such, a 
component head may lease or acquire a new vehicle or 
replace an existing vehicle without prior approval from 
the Under Secretary for Management. If under such exigent 
circumstances a component head so leases, acquires, or 
replaces a vehicle, such component head shall provide to 
the Under Secretary an explanation of such circumstances. 
‘‘(3) ONGOING OVERSIGHT.— 
‘‘(A) QUARTERLY
MONITORING.—In accordance with 
paragraph (4), the Under Secretary for Management shall 
collect, on a quarterly basis, information regarding compo-
nent vehicle fleets, including information on fleet size, com-
position, 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 Manage-
ment shall track and monitor component information pro-
vided 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 begin-
ning with fiscal year 2018, component heads shall annually 
submit to the Under Secretary for Management a vehicle 
allocation tool and fleet management plan using informa-
tion described in paragraph (3)(A). Such tools and plans 
may be submitted in classified form if a component head 
determines that such is necessary to protect operations 
or mission requirements. 
‘‘(B) VEHICLE
ALLOCATION
TOOL.—Component heads 
shall develop a vehicle allocation tool in accordance with 
Determination. 
Effective date. 
Plan. 
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131 STAT. 857 
PUBLIC LAW 115–38—JUNE 6, 2017 
subclause (III) of paragraph (2)(A)(i) that includes an anal-
ysis 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 accord-
ance 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 guid-
ance, and Department policy (including associated guid-
ance) pursuant to paragraph (2) relating to fleet manage-
ment 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 Sec-
retary determines should not be reallocated under subpara-
graph (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 determina-
tions 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 
Recommenda- 
tions. 
Determinations. 
Determination. 
Plan. 
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131 STAT. 858 
PUBLIC LAW 115–38—JUNE 6, 2017 
shall provide rescission recommendations to the Committee 
on Appropriations and the Committee on Homeland Security 
of the House of Representatives and the Committee on Appro-
priations 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
COM-
PENSATION.—No Department official with vehicle fleet 
management responsibilities may receive annual perform-
ance 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.—Notwith-
standing 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 Manage-
ment may determine the feasibility of operating a vehicle 
motor pool to permit components to share vehicles as nec-
essary 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 mul-
tiple 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 require-
ments. 
‘‘(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 require-
ments of a component. 
Determination. 
Effective date. 
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131 STAT. 859 
PUBLIC LAW 115–38—JUNE 6, 2017 
LEGISLATIVE HISTORY—H.R. 366: 
HOUSE REPORTS: No. 115–32 (Comm. on Homeland Security and Governmental 
Affairs). 
CONGRESSIONAL RECORD, Vol. 163 (2017): 
Jan. 31, considered and passed House. 
May 2, considered and passed Senate, amended. 
May 23, House concurred in Senate amendments. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2017): 
June 6, Presidential statement. 
‘‘(C) OPTIMAL FLEET SIZE.—The term ‘optimal fleet size’ 
means, with respect to a particular component, the appro-
priate 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 Depart-
ment, as the case may be, including vehicles used for 
law enforcement and other purposes.’’. 
SEC. 3. INSPECTOR GENERAL REVIEW. 
The Inspector General of the Department of Homeland Security 
shall— 
(1) conduct a review of the implementation of subsection 
(c)(4) of section 701 of the Homeland Security Act of 2002 
(6 U.S.C. 341), as added by section 2 of this Act, for fiscal 
year 2019, which shall include analysis of the effectiveness 
of such subsection (c)(4) with respect to cost avoidance, savings 
realized, and component operations; and 
(2) provide, upon request, to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Com-
mittee on Homeland Security of the House of Representatives 
information regarding the review required under paragraph 
(1). 
Approved June 6, 2017. 
Analysis. 
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