[House Report 109-484]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-484
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DIRECTING THE SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY TO
TRANSMIT TO THE HOUSE OF REPRESENTATIVES NOT LATER THAN 14 DAYS AFTER
THE DATE OF THE ADOPTION OF THIS RESOLUTION DOCUMENTS IN THE
SECRETARY'S POSSESSION RELATING TO ANY EXISTING OR PREVIOUS AGREEMENT
BETWEEN THE DEPARTMENT OF HOMELAND SECURITY AND SHIRLINGTON LIMOUSINE
AND TRANSPORTATION, INCORPORATED, OF ARLINGTON, VIRGINIA
_______
May 25, 2006.--Referred to the House Calendar and ordered to be printed
_______
Mr. King of New York, from the Committee on Homeland Security,
submitted the following
ADVERSE REPORT
[To accompany H. Res. 809]
The Committee on Homeland Security, to whom was referred
the resolution (H. Res. 809) directing the Secretary of the
Department of Homeland Security to transmit to the House of
Representatives not later than 14 days after the date of the
adoption of this resolution documents in the Secretary's
possession relating to any existing or previous agreement
between the Department of Homeland Security and Shirlington
Limousine and Transportation, Incorporated, of Arlington,
Virginia, having considered the same, report unfavorably
thereon without amendment and recommend that the resolution not
be agreed to.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Advisory Committee Statement..................................... 3
Constitutional Authority Statement............................... 3
Applicability to Legislative Branch.............................. 3
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 4
PURPOSE AND SUMMARY
The purpose of H. Res. 809, is to direct the Secretary of
the Department of Homeland Security to transmit to the House of
Representatives not later than 14 days after the date of the
adoption of this resolution documents in the Secretary's
possession relating to any existing or previous agreement
between the Department of Homeland Security and Shirlington
Limousine and Transportation Inc., of Arlington, Virginia.
BACKGROUND AND NEED FOR LEGISLATION
In late April 2006, news reports indicated that the
Department of Homeland Security (DHS) had awarded two multi-
million dollar contract for shuttle bus and sedan services to a
company with a history of poor financial and business practices
and whose owner has a criminal record. The company, Shirlington
Limousine and Transportation Inc., was awarded two contracts
for such transportation services: a $4 million contract awarded
in April 2004, and a $21.2 million contract awarded in October
2005.
While the Department conducted a financial review of the
company, including background checks on the drivers it
employed, the Department review does not appear to have
revealed the company's history of poor performance and
financial difficulty. For instance, the company's owner has
filed for personal bankruptcy twice, and the company itself has
endured extensive financial and performance problems.
Additionally, the Department's review did not uncover
information regarding the criminal record of the company's
owner, which reportedly includes drug possession, attempted
robbery, and car theft.
The Committee is currently reviewing the Department of
Homeland Security's contract with Shirlington Limousine and
Transportation, Inc., as well as the Department's security and
procurement practices. The Subcommittee on Management,
Integration, and Oversight commenced its review of the contract
on May 4, 2006. The Subcommittee held a hearing on May 18,
2006, on DHS human capital and security clearance procedures,
during which the DHS Director of the Office of Security and
other witnesses were queried about the lack of adequate
background checks on the owner of Shirlington Limousine and
Transportation Inc., and associated security risks. At that
hearing, the Subcommittee Chairman announced that a separate
hearing would be held in June 2006 on the procedures DHS used
in competing and awarding the limousine contracts at issue. As
part of this bipartisan review, the Subcommittee Chairman and
Ranking Member submitted a request to the Department for
documents similar to those requested in H. Res. 809. The
Ranking Member of the Full Committee also has submitted
document requests to the Department of Homeland Security.
Therefore, in light of the ongoing review of and upcoming
hearing on DHS contracts with Shirlington Limousine and
Transportation Inc., H. Res. 809 is premature and would
duplicate and interfere with the Committee's ongoing efforts.
HEARINGS
No Committee hearings were held on H. Res. 809.
COMMITTEE CONSIDERATION
H. Res. 809 was introduced by Ms. Slaughter on May 9, 2006,
and referred solely to the Committee on Homeland Security. H.
Res. 809 was retained at the Full Committee for consideration.
On May 26, 2006, the Full Committee met in open markup
session and ordered H. Res. 809 adversely reported to the House
of Representatives, by voice vote, a quorum being present.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
No recorded votes were requested on H. Res. 809.
COMMITTEE OVERSIGHT FINDINGS
The Committee has not held any oversight hearings on this
measure and makes no oversight findings pursuant to clause
3(c)(1) of rule XIII of the Rules of the House of
Representatives.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
The purpose of H. Res. 809 is to direct the Secretary of
the Department of Homeland Security to transmit to the House of
Representatives not later than 14 days after the date of the
adoption of this resolution documents in the Secretary's
possession relating to any existing or previous agreement
between the Department of Homeland Security and Shirlington
Limousine and Transportation Inc., of Arlington, Virginia.
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.
Res. 809 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 1, which grants Congress the power
to provide for the common Defense of the United States.
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
The Resolution directs the Secretary of the Department of
Homeland Security to transmit to the House of Representatives
not later than 14 days after the date of the adoption of this
resolution documents in the Secretary's possession relating to
any existing or previous agreement between the Department of
Homeland Security and Shirlington Limousine and Transportation
Inc., of Arlington, Virginia. Such documents include: (1) All
records setting forth or discussing policies, procedures, or
guidelines relating to any existing or previous agreement
between the Department of Homeland Security and Shirlington
Limousine; (2) all records of communication between the
Department of Homeland Security and the President or other
current or former officials of the Federal Government,
including the executive and legislative branches, relating to
any existing or previous agreement between the Department of
Homeland Security and Shirlington Limousine; (3) all records
indicating or discussing any negotiations between the
Department of Homeland Security and Shirlington Limousine
relating to any existing or previous agreement between the
Department of Homeland Security and Shirlington Limousine; (4)
all records indicating or discussing any negotiations between
the Department of Homeland Security and ADCS, Incorporated,
including its current and former principals, relating to any
existing or previous agreement between the Department of
Homeland Security and Shirlington Limousine; (5) all records
indicating or discussing any negotiations between the
Department of Homeland Security and MZM, Incorporated,
including its current and former principals, relating to any
existing or previous agreement between the Department of
Homeland Security and Shirlington Limousine; and (6) all
records indicating or discussing any negotiations between the
Department of Homeland Security and Athena Innovative
Solutions, Incorporated, including its current and former
principals, or its parent company, including its current and
former principals, relating to any existing or previous
agreement between the Department of Homeland Security and
Shirlington Limousine and Transportation Inc.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
No changes are made to existing law as a result of H. Res.
809.