[House Report 109-484]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-484

======================================================================

 
   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.

                                  
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