[House Report 113-274]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-274
======================================================================
TSA LOOSE CHANGE ACT
_______
November 21, 2013.--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. 1095]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1095) to amend title 49, United States Code, to
direct the Assistant Secretary of Homeland Security
(Transportation Security Administration) to transfer unclaimed
money recovered at airport security checkpoints to nonprofit
organizations that provide places of rest and recuperation at
airports for members of the Armed Forces and their families,
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.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
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....................................... 5
Preemption Clarification......................................... 5
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............ 6
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 ``TSA Loose Change Act''.
SEC. 2. DISPOSITION OF UNCLAIMED MONEY RECOVERED AT AIRPORT SECURITY
CHECKPOINTS.
(a) Disposition of Unclaimed Money.--Section 44945(a) of title 49,
United States Code, is amended--
(1) by inserting ``after the date of enactment of the TSA
Loose Change Act,'' after ``title 31,'';
(2) by striking ``shall be retained by the Transportation
Security Administration'' and all that follows through ``this
chapter'' and inserting ``shall be annually transferred, based
on requests for proposals, without further appropriation, by
the Assistant Secretary to nonprofit organizations that operate
airport centers in multiple locations throughout the United
States to provide places of rest and recuperation for members
of the Armed Forces and their families''; and
(3) by adding at the end the following new sentence: ``The
Assistant Secretary shall ensure that the name of each
nonprofit agency to which funds are transferred under this
subsection is printed in the Federal Register.''.
(b) Annual Report.--Section 515(b) of the Department of Homeland
Security Appropriations Act, 2005 (Public Law 108-334; 118 Stat. 1318;
49 U.S.C. 44945 note) is amended--
(1) by striking ``the Committee on Transportation and
Infrastructure of the House of Representatives'' and inserting
``the Committee on Homeland Security of the House of
Representatives''; and
(2) by striking ``and specifically how the unclaimed money is
being used to provide civil aviation security'' and inserting
``and the amount of unclaimed money transferred to nonprofit
organizations under section 44945(a) of title 49, United States
Code, and the dates of such transfers''.
Purpose and Summary
The purpose of H.R. 1095 is to amend title 49, United
States Code, to direct the Assistant Secretary of Homeland
Security (Transportation Security Administration) to transfer
unclaimed money recovered at airport security checkpoints to
nonprofit organizations that operate airport centers in
multiple locations, which provide places of rest and
recuperation at airports for members of the Armed Forces and
their families, and for other purposes.
Background and Need for Legislation
This bill directs the Transportation Security
Administration (TSA) to transfer unclaimed money recovered at
airport security checkpoints to nonprofit organizations that
provide places of rest and recuperation at airports for members
of the Armed Forces and their families, and establishes a
request for proposals (RFP) process to select such
organizations. The Committee encourages TSA to establish a
method to process and transfer the monies that minimizes the
costs of such transfer.
Section 44945 of title 49, United States Code, enacted as
part of the Fiscal Year (FY) 2005 Department of Homeland
Security (DHS) Appropriations Act, authorized and directed
unclaimed money collected at airport security checkpoints to be
used for civil aviation security. From FY 2009 to FY 2012, TSA
collected an average of $465,285 from airport security
checkpoints annually. According to the report ``FY 2012
Unclaimed Money at Airports,'' which has been prepared by the
Transportation Security Administration, in FY 2012, TSA
collected $531,395. However as of March 1, 2013, TSA only
expended $6,539 for the purpose of civil aviation security.
In addition, the Explanatory Statement and House Report
112-492 accompanying Pub. L. 113-6, required TSA to issue a
report on the feasibility of transferring the unclaimed money
recovered at airport checkpoints to non-profit organizations
that are selected on a competitive basis. According to the
report, it would cost the Federal Government approximately
$201,000 for the first year alone if TSA was to transfer the
money to a nonprofit organization selected on a competitive
basis. Further, the report concluded that to minimize
administrative overhead, TSA would prefer to award the use of
funding to one nonprofit organization.
Currently, United Services Organizations (USO), a well-
known Congressionally chartered nonprofit organization, is the
sole nonprofit operating airport lounges for military service
members and their families in multiple locations. So, if the
bill were enacted today, the USO would be the only qualified
recipient. However, the Committee believes that, if other
nonprofit organizations begin to specialize in this type of
work in the future, they should be able to submit a proposal to
TSA as well to receive these unclaimed funds. Therefore, after
reviewing TSA's report, the Committee believes that in order to
ensure fairness of opportunity in the future while minimizing
administrative overhead, TSA should transfer the funds after a
RFP is issued.
Hearings
No hearings were held on H.R. 1095.
Committee Consideration
112th Congress
In the 112th Congress, H.R. 2179, the predecessor bill, was
introduced in the House on June 14, 2011, by Mr. Miller of
Florida, and referred to the Committee on Homeland Security.
Within the Committee, H.R. 2179 was referred to the
Subcommittee on Transportation Security.
On March 7, 2012, the Subcommittee on Transportation
Security considered H.R. 2179 and reported the measure to the
Full Committee with a favorable recommendation, without
amendment, by voice vote.
The Full Committee considered H.R. 2179 on March 28, 2012,
and ordered the measure to be favorably reported to the House,
amended, by voice vote.
The Committee reported H.R. 2179 to the House on May 8,
2012, as H. Rpt. 112-468.
113th Congress
The Committee on Homeland Security met on October 29, 2013,
to consider H.R. 1095, and ordered the measure to be reported
to the House with a favorable recommendation, amended, by voice
vote. The Committee took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Rogers of Alabama (#1); was AGREED TO by voice vote.
A unanimous consent request by Mr. McCaul to consider the
Amendment in the Nature of a Substitute as base text for
purposes of amendment was not objected to.
An amendment to the Amendment in the Nature of a Substitute to
H.R. 1095 offered by Ms. Jackson Lee (#1A); was AGREED TO by
voice vote.
Page 1, line 9, strike `` and'' ;
Page 2, line 2, strike the period and insert `` ; and'' ; and
Page 2, after line 2, insert the following: (3) by adding at the
end the following new sentence: ``The Assistant Secretary shall ensure
that the name of each nonprofit agency to which funds are transferred
under this subsection is printed in the Federal Register.''.
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. 1095.
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.
1095, 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.
November 13, 2013.
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. 1095, the TSA
Loose Change Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 1095--TSA Loose Change Act
Under current law, the Transportation Security
Administration (TSA) has authority to retain and spend, without
annual appropriation, unclaimed money left at security
checkpoints by air passengers for activities related to
aviation security. According to TSA, airline passengers have
left behind about $500,000 at airport security checkpoints in
each of the past two fiscal years. Based on historical spending
patterns, CBO expects that TSA will spend unclaimed checkpoint
money gradually over the next several years.
H.R. 1095 would amend current law to require TSA to
transfer unclaimed funds to nonprofit organizations that
provide certain travel-related assistance to military personnel
and their families. Requiring the agency to transfer such
amounts to a nonfederal entity would accelerate the pace of
spending relative to current law. However, because of the
modest amount of money involved, CBO does not expect this
change would have a significant net impact on the budget in any
given year. For purposes of this estimate, CBO assumes that the
requirement to transfer funds would apply only to amounts
collected after H.R. 1095 is enacted and that existing balances
would remain available to TSA for aviation security.
H.R. 1095 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Theresa Gullo, 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. 1095 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
H.R. 1095 provides additional funds to nonprofit
organizations operating airport lounges in multiple locations
for our military service members, by requiring TSA to transfer
unclaimed monies found at airport checkpoints to such
nonprofits.
Duplicative Federal Programs
The Committee finds that H.R. 1095 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. 1095 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 1095 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 Act may be cited as the ``TSA Loose Change Act''.
Section 2. Disposition of unclaimed money recovered at airport
security checkpoints
This section amends Section 44945 of title 49, U.S. Code by
directing the Assistant Secretary of Homeland Security
(Transportation Security Administration) to annually transfer
unclaimed money recovered at airport security checkpoints,
based on requests for proposals, to nonprofit organizations
that operate airport centers throughout the U.S. to provide
places of rest and recuperation for members of the Armed Forces
and their families. In addition, it requires that the name of
the nonprofit organizations that receive the unclaimed money be
printed in the Federal Register.
Additionally, this section amends Section 515(b) of the
Department of Homeland Security Appropriations Act, 2005 by
requiring an annual report to be submitted to the Committee on
Homeland Security that includes the amount of unclaimed money
transferred to nonprofit organizations, and the dates of such
transfers.
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, existing law in which no change is
proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART III--SAFETY
* * * * * * *
CHAPTER 449--SECURITY
* * * * * * *
SUBCHAPTER II--ADMINISTRATION AND PERSONNEL
* * * * * * *
Sec. 44945. Disposition of unclaimed money and clothing
(a) Disposition of Unclaimed Money.--Notwithstanding section
3302 of title 31, after the date of enactment of the TSA Loose
Change Act, unclaimed money recovered at any airport security
checkpoint [shall be retained by the Transportation Security
Administration and shall remain available until expended for
the purpose of providing civil aviation security as required in
this chapter] shall be annually transferred, based on requests
for proposals, without further appropriation, by the Assistant
Secretary to nonprofit organizations that operate airport
centers in multiple locations throughout the United States to
provide places of rest and recuperation for members of the
Armed Forces and their families. The Assistant Secretary shall
ensure that the name of each nonprofit agency to which funds
are transferred under this subsection is printed in the Federal
Register.
* * * * * * *
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DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2005
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
Sec. 515. (a) * * *
(b) Annual Report.--Not later than 180 days after the date of
enactment of this Act and annually thereafter, the
Administrator of the Transportation Security Administration
shall transmit to [the Committee on Transportation and
Infrastructure of the House of Representatives] the Committee
on Homeland Security of the House of Representatives; the
Committee on Appropriations of the House of Representatives;
the Committee on Commerce, Science and Transportation of the
Senate; and the Committee on Appropriations of the Senate, a
report that contains a detailed description of the amount of
unclaimed money recovered in total and at each individual
airport, [and specifically how the unclaimed money is being
used to provide civil aviation security] and the amount of
unclaimed money transferred to nonprofit organizations under
section 44945(a) of title 49, United States Code, and the dates
of such transfers.
* * * * * * *