[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.
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\1\ OIG, DHS Home-to-Work Transportation, OIG-14-21 (Washington,
D.C.: Dec. 20, 2013).
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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.
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\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).
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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
* * * * * * *
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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