[House Report 115-496]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-496
======================================================================
SECURING DEPARTMENT OF HOMELAND SECURITY FIREARMS ACT OF 2017
_______
January 9, 2018.--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. 4433]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 4433) to amend the Homeland Security Act of 2002
to require the Under Secretary for Management of the Department
of Homeland Security to achieve security of sensitive assets
among the components of the Department of Homeland Security,
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.............................................. 3
Background and Need for Legislation.............................. 4
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Congressional Budget Office Estimate............................. 5
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
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 ``Securing Department of Homeland
Security Firearms Act of 2017'' or the ``Securing DHS Firearms Act of
2017''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the Department
of Homeland Security.
(2) Lost.--The term ``lost'' includes loss by theft.
(3) Sensitive assets.--The term ``sensitive assets'' means
any asset, regardless of value--
(A) that the Department of Homeland Security issues
to a Department employee; and
(B) that either the Under Secretary for Management of
the Department or a component head determines requires
special control and accounting.
(4) Under secretary for management.--The term ``Under
Secretary for Management'' means the Under Secretary for
Management of the Department of Homeland Security.
SEC. 3. INCLUSION OF SECURING FIREARMS AND OTHER SENSITIVE ASSETS IN
RESPONSIBILITIES OF UNDER SECRETARY FOR MANAGEMENT.
Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is
amended--
(1) in subsection (a)(6), by inserting ``(including firearms
and other sensitive assets)'' after ``equipment'';
(2) by redesignating the second subsection (e) (relating to
the definition of interoperable communications) as subsection
(f); and
(3) by amending such redesignated subsection (f) to read as
follows:
``(f) Definitions.--In this section:
``(1) Interoperable communications.--The term `interoperable
communications' has the meaning given such term in section
7303(g) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 194(g)).
``(2) Sensitive assets.--The term `sensitive assets' means
any asset, regardless of value--
``(A) that the Department of Homeland Security issues
to a Department employee; and
``(B) that either the Under Secretary for Management
of the Department or a component head determines
requires special control and accounting.''.
SEC. 4. MANAGEMENT DIRECTIVE.
(a) Safeguarding Firearms and Sensitive Assets Directive.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary for Management
shall develop and disseminate a Department-wide directive for
achieving adequate security over firearms and other sensitive
assets across the Department.
(2) Contents.--The directive required under subsection (a)
shall, at a minimum, include the following:
(A) Descriptions of what equipment, in addition to
firearms, is classified as a sensitive asset for the
purpose of carrying out this Act.
(B) Requirements for securing Department-issued
firearms and other sensitive assets.
(C) A classification system for all categories of
Department-issued badges and corresponding requirements
for safeguarding such assets.
(D) Reporting requirements for lost firearms and
other sensitive assets, including timelines for such
reporting, to supervisors, local law enforcement, the
Federal Bureau of Investigation's National Crime
Information Center, and Department headquarters.
(E) Recordkeeping requirements for lost firearms and
other sensitive assets in inventory systems, including
a timeline for recording such losses.
(3) Review and update of directive.--Not later than one year
after the issuance of the directive required under subsection
(a) the Under Secretary for Management shall review and update,
as necessary, such directive, including adding a requirement
relating to recording in the inventory systems maintained by
each component of the Department the acceptance or transfer of
a firearm or other sensitive asset by such component.
(b) Personal Property Asset Management Program Manual.--Together with
the issuance of the directive pursuant to subsection (a), the Under
Secretary for Management shall disseminate a revised version of the
Personal Property Asset Management Program Manual that includes the
following:
(1) Requirements for component heads to develop procedures to
safeguard firearms and other sensitive assets during on and
off-duty time.
(2) Requirements for the issuance of safety locking devices
and policies on the use of such assets, as applicable.
(3) Requirements for initial, recurrent, and remedial
training on safeguarding such assets.
(4) Examples, with detail, of how to report and record lost
sensitive assets across components of the Department, and an
enforcement mechanism to ensure supervisors maintain such
records.
(5) A requirement that the file maintained on a lost firearm
or other sensitive asset contains both the corresponding police
report and the Department report detailing the circumstances
surrounding such loss, including information on adherence to
safeguarding procedures.
SEC. 5. COMPONENT RESPONSIBILITIES.
Department component heads shall--
(1) comply with Federal law, Federal regulations, executive
branch guidance, and Department policy, including directives
required by this Act, relating to the management and oversight
of securing firearms and other sensitive assets;
(2) review the need for non-law enforcement badges;
(3) require component personnel to safeguard firearms and
other sensitive assets in accordance with the directive issued
by the Under Secretary for Management under section 4;
(4) require that component personnel adhere to the procedures
and timelines for properly reporting to supervisors lost
firearms and other sensitive assets;
(5) require that lost firearms and other sensitive assets are
reported to local law enforcement, the Federal Bureau of
Investigation's National Crime Information Center, and
Department headquarters in the timeframe established in such
directive; and
(6) require that lost firearms and other sensitive assets are
recorded in inventory systems in the timeframe established by
such directive.
SEC. 6. INSPECTOR GENERAL REVIEW.
The Inspector General of the Department of Homeland Security shall,
on an ongoing basis, review implementation of this Act and, not later
than 180 days after issuance of the directive under section 4, submit
to the Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs of the
Senate a review of the progress and effectiveness of such directive,
including an assessment of the adequacy of such directive, as well as
the level of compliance among the components of the Department to
achieve adequate security of sensitive assets across Department
components.
Purpose and Summary
The purpose of H.R. 4433 is to require the Under Secretary
for Management of the Department of Homeland Security (DHS) to
develop and oversee policies meant to secure firearms and other
sensitive assets among the components of DHS.
H.R. 4433, the Securing Department of Homeland Security
Firearms Act of 2017, requires the Under Secretary for
Management at the Department to disseminate a Department-wide
directive for achieving adequate security over firearms and
other sensitive assets across the Department. This directive
shall include descriptions of what equipment is classified as a
sensitive asset, requirements for securing Department-issued
firearms and other sensitive assets, and reporting requirements
for lost firearms and other sensitive assets, among other
items. H.R. 4433 requires the Under Secretary for Management to
update and disseminate the Personal Property Asset Management
Program Manual and requires component personnel to safeguard
firearms and other sensitive assets in accordance with the
directive, among other items. The Inspector General shall
review the implementation of this Act.
Background and Need for Legislation
According to the Department of Homeland Security (DHS)
Office of Inspector General, DHS personnel do not always
safeguard sensitive assets that, if lost, would result in
critical mission impact or loss of life. Between fiscal years
2014 and 2016, the Department of Homeland Security personnel
lost a total of 2,142 highly sensitive assets--228 firearms;
1,889 badges; and 25 secure immigration stamps. For example,
the OIG reported that two off duty Immigration and Customs
Enforcement officers left their firearms unsecured and
unattended in backpacks while on a beach in Puerto Rico. When
the officers returned, the bags were gone. Other examples
include U.S. Customs and Border officers leaving firearms and
other equipment in unattended vehicles, public gym lockers, and
homes of friends. In each circumstance, the assets were taken.
In approximately 27 cases of missing assets, the case file
for the incident did not include sufficient detail to determine
whether the officer properly safeguarded the asset. Further, in
many cases, personnel are not being held accountable for
failing to safeguard their sensitive assets, nor are they
receiving remedial training on how to properly safeguard such
materials. Additionally, components are not effectively
tracking sensitive assets, and oftentimes provide insufficient
guidance on property management policies. H.R. 4433 supports
recommendations made in a recent Office of Inspector General
report (OIG-18-05) entitled, ``DHS' Controls Over Firearms and
Other Sensitive Assets.''
Hearings
No hearings were held on H.R. 4433.
Committee Consideration
The Committee met on December 13, 2017, to consider H.R.
4433, 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 amendment was offered:
An Amendment in the Nature of a Substitute offered by Mr.
Correa (#1); was AGREED TO by unanimous consent.
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. 4433.
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.
4433, the Securing Department of Homeland Security Firearms Act
of 2017, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of Rule XIII of the Rules of the
House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 4433 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
The performance goals and objectives of H.R. 4433 include
helping the Department to better secure and safeguard its
sensitive assets, assist and ensure that its components do the
same, and to enhance its ability to report and record any
instances in which sensitive assets are lost. H.R. 4433
requires the Under Secretary for Management to issue a
Department-wide directive regarding the security of sensitive
assets, and to then review and update the directive within 1
year. Department component heads must comply with this
directive and require that their personnel follow it and other
relevant rules and regulations for securing sensitive assets.
The Inspector General of the Department is further required to
review the implementation of this Act and submit a report to
Congress within 180 days of the issuance of the directive
required by this Act.
Duplicative Federal Programs
Pursuant to clause 3(c) of Rule XIII, the Committee finds
that H.R. 4433 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
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chairman
of the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
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. 4433 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 4433 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
``"Securing Department of Homeland Security Firearms Act of
2017''.
Sec. 2. Definitions.
This section provides definitions to be used in this Act
for the following terms: ``department''; ``lost''; ``sensitive
assets''; and ``Under Secretary for Management''.
Sec. 3. Inclusion of securing Firearms and Other Sensitive Assets in
Responsibilities of Under Secretary for Management.
This section inserts ``including firearms and other
sensitive assets'' into the Under Secretary for Management's
responsibility to secure equipment for the Department. It also
adds definitions for ``interoperable communications'' and
``sensitive assets'' to that section of the Homeland Security
Act of 2002.
Sec. 4. Management Directive.
This section requires the Under Secretary of Management to
develop and disseminate a Department-wide directive within 120
days for achieving adequate security over firearms and other
sensitive assets. The directive, at a minimum, must include
descriptions of what equipment qualifies as a sensitive asset,
requirements for securing, cataloguing, and safeguarding
sensitive assets and reporting lost sensitive assets, and
recordkeeping requirements. The Under Secretary for Management
must further review and update the directive within 1 year.
The Under Secretary for Management must also issue a
revised version of the Personal Property Asset Management
Program Manual that includes requirements for component heads
to develop procedures to safeguard sensitive assets, issue
safety locking policies and devices, requirements for recurrent
training on sensitive assets, examples of how to report and
record lost sensitive assets, and a recordkeeping requirements
for lost sensitive assets.
Sec. 5. Component Responsibilities.
This section outlines the responsibilities of the
Department component heads, which include: complying with law
and policy regarding the securing of firearms and sensitive
assets, reviewing the need for non-law enforcement badges,
requiring component personnel to safeguard sensitive assets in
compliance with the Directive required by this Act, requiring
component personnel to adhere to reporting procedures for lost
sensitive assets, requiring lost sensitive assets to be
reported to law enforcement authorities and recorded in an
inventory system.
Sec. 6. Inspector General Review.
This section requires the Inspector General to review, not
later than 180 days after issuance, the management directive
required by this Act, and to report to Congress on it.
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 (including firearms and other sensitive
assets), 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
within each functional management discipline of the
Department, including information technology, financial
management, acquisition management, and human capital
management, to ensure an efficient and orderly
consolidation of functions and personnel in the
Department, including--
(A) the development of centralized data
sources and connectivity of information systems
to the greatest extent practicable to enhance
program visibility, transparency, and
operational effectiveness and coordination;
(B) the development of standardized and
automated management information to manage and
oversee programs and make informed decisions to
improve the efficiency of the Department;
(C) the development of effective program
management and regular oversight mechanisms,
including clear roles and processes for program
governance, sharing of best practices, and
access to timely, reliable, and evaluated data
on all acquisitions and investments; and
(D) the overall supervision, including the
conduct of internal audits and management
analyses, of the programs and activities of the
Department, including establishment of
oversight procedures to ensure a full and
effective review of the efforts by components
of the Department to implement policies and
procedures of the Department for management
integration and transformation.
(10) The development of a transition and succession
plan, before December 1 of each year in which a
Presidential election is held, to guide the transition
of Department functions to a new Presidential
administration, and making such plan available to the
next Secretary and Under Secretary for Management and
to the congressional homeland security committees.
(11) Reporting to the Government Accountability
Office every six months to demonstrate measurable,
sustainable progress made in implementing the
corrective action plans of the Department to address
the designation of the management functions of the
Department on the bi-annual high risk list of the
Government Accountability Office, until the Comptroller
General of the United States submits to the appropriate
congressional committees written notification of
removal of the high-risk designation.
(12) The conduct of internal audits and management
analyses of the programs and activities of the
Department.
(13) Any other management duties that the Secretary
may designate.
(b) Waivers for Conducting Business With Suspended or
Debarred Contractors.--Not later than five days after the date
on which the Chief Procurement Officer or Chief Financial
Officer of the Department issues a waiver of the requirement
that an agency not engage in business with a contractor or
other recipient of funds listed as a party suspended or
debarred from receiving contracts, grants, or other types of
Federal assistance in the System for Award Management
maintained by the General Services Administration, or any
successor thereto, the Under Secretary for Management shall
submit to the congressional homeland security committees and
the Inspector General of the Department notice of the waiver
and an explanation of the finding by the Under Secretary that a
compelling reason exists for the waiver.
(c) Vehicle Fleets.--
(1) In general.--In carrying out responsibilities
regarding vehicle fleets pursuant to subsection (a)(5),
the Under Secretary for Management shall be responsible
for overseeing and managing vehicle fleets throughout
the Department. The Under Secretary shall also be
responsible for the following:
(A) Ensuring that components are in
compliance with Federal law, Federal
regulations, executive branch guidance, and
Department policy (including associated
guidance) relating to fleet management and use
of vehicles from home to work.
(B) Developing and distributing a
standardized vehicle allocation methodology and
fleet management plan for components to use to
determine optimal fleet size in accordance with
paragraph (4).
(C) Ensuring that components formally
document fleet management decisions.
(D) Approving component fleet management
plans, vehicle leases, and vehicle
acquisitions.
(2) Component responsibilities.--
(A) In general.--Component heads--
(i) shall--
(I) comply with Federal law,
Federal regulations, executive
branch guidance, and Department
policy (including associated
guidance) relating to fleet
management and use of vehicles
from home to work;
(II) ensure that data related
to fleet management is accurate
and reliable;
(III) use such data to
develop a vehicle allocation
tool derived by using the
standardized vehicle allocation
methodology provided by the
Under Secretary for Management
to determine the optimal fleet
size for the next fiscal year
and a fleet management plan;
and
(IV) use vehicle allocation
methodologies and fleet
management plans to develop
annual requests for funding to
support vehicle fleets pursuant
to paragraph (6); and
(ii) may not, except as provided in
subparagraph (B), lease or acquire new
vehicles or replace existing vehicles
without prior approval from the Under
Secretary for Management pursuant to
paragraph (5)(B).
(B) Exception regarding certain leasing and
acquisitions.--If exigent circumstances warrant
such, a component head may lease or acquire a
new vehicle or replace an existing vehicle
without prior approval from the Under Secretary
for Management. If under such exigent
circumstances a component head so leases,
acquires, or replaces a vehicle, such component
head shall provide to the Under Secretary an
explanation of such circumstances.
(3) Ongoing oversight.--
(A) Quarterly monitoring.--In accordance with
paragraph (4), the Under Secretary for
Management shall collect, on a quarterly basis,
information regarding component vehicle fleets,
including information on fleet size,
composition, cost, and vehicle utilization.
(B) Automated information.--The Under
Secretary for Management shall seek to achieve
a capability to collect, on a quarterly basis,
automated information regarding component
vehicle fleets, including the number of trips,
miles driven, hours and days used, and the
associated costs of such mileage for leased
vehicles.
(C) Monitoring.--The Under Secretary for
Management shall track and monitor component
information provided pursuant to subparagraph
(A) and, as appropriate, subparagraph (B), to
ensure that component vehicle fleets are the
optimal fleet size and cost effective. The
Under Secretary shall use such information to
inform the annual component fleet analyses
referred to in paragraph (4).
(4) Annual review of component fleet analyses.--
(A) In general.--To determine the optimal
fleet size and associated resources needed for
each fiscal year beginning with fiscal year
2018, component heads shall annually submit to
the Under Secretary for Management a vehicle
allocation tool and fleet management plan using
information described in paragraph (3)(A). Such
tools and plans may be submitted in classified
form if a component head determines that such
is necessary to protect operations or mission
requirements.
(B) Vehicle allocation tool.--Component heads
shall develop a vehicle allocation tool in
accordance with subclause (III) of paragraph
(2)(A)(i) that includes an analysis of the
following:
(i) Vehicle utilization data,
including the number of trips, miles
driven, hours and days used, and the
associated costs of such mileage for
leased vehicles, in accordance with
such paragraph.
(ii) The role of vehicle fleets in
supporting mission requirements for
each component.
(iii) Any other information
determined relevant by such component
heads.
(C) Fleet management plans.--Component heads
shall use information described in subparagraph
(B) to develop a fleet management plan for each
such component. Such fleet management plans
shall include the following:
(i) A plan for how each such
component may achieve optimal fleet
size determined by the vehicle
allocation tool required under such
subparagraph, including the elimination
of excess vehicles in accordance with
paragraph (5), if applicable.
(ii) A cost benefit analysis
supporting such plan.
(iii) A schedule each such component
will follow to obtain optimal fleet
size.
(iv) Any other information determined
relevant by component heads.
(D) Review.--The Under Secretary for
Management shall review and make a
determination on the results of each
component's vehicle allocation tool and fleet
management plan under this paragraph to ensure
each such component's vehicle fleets are the
optimal fleet size and that components are in
compliance with applicable Federal law, Federal
regulations, executive branch guidance, and
Department policy (including associated
guidance) pursuant to paragraph (2) relating to
fleet management and use of vehicles from home
to work. The Under Secretary shall use such
tools and plans when reviewing annual component
requests for vehicle fleet funding in
accordance with paragraph (6).
(5) Guidance to develop fleet management plans.--The
Under Secretary for Management shall provide guidance,
pursuant to paragraph (1)(B) on how component heads may
achieve optimal fleet size in accordance with paragraph
(4), including processes for the following:
(A) Leasing or acquiring additional vehicles
or replacing existing vehicles, if determined
necessary.
(B) Disposing of excess vehicles that the
Under Secretary determines should not be
reallocated under subparagraph (C).
(C) Reallocating excess vehicles to other
components that may need temporary or long-term
use of additional vehicles.
(6) Annual review of vehicle fleet funding
requests.--As part of the annual budget process, the
Under Secretary for Management shall review and make
determinations regarding annual component requests for
funding for vehicle fleets. If component heads have not
taken steps in furtherance of achieving optimal fleet
size in the prior fiscal year pursuant to paragraphs
(4) and (5), the Under Secretary 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.
(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).
(e) System for Award Management Consultation.--The Under
Secretary for Management shall require that all Department
contracting and grant officials consult the System for Award
Management (or successor system) as maintained by the General
Services Administration prior to awarding a contract or grant
or entering into other transactions to ascertain whether the
selected contractor is excluded from receiving Federal
contracts, certain subcontracts, and certain types of Federal
financial and non-financial assistance and benefits.
[(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)).]
(f) Definitions.--In this section:
(1) Interoperable communications.--The term
``interoperable communications'' has the meaning given
such term in section 7303(g) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)).
(2) Sensitive assets.--The term ``sensitive assets''
means any asset, regardless of value--
(A) that the Department of Homeland Security
issues to a Department employee; and
(B) that either the Under Secretary for
Management of the Department or a component
head determines requires special control and
accounting.
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