H. Rept. 113-274 - 113th Congress (2013-2014)
November 21, 2013, As Reported by the Homeland Security Committee

Report text available as:

Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.




House Report 113-274 - TSA LOOSE CHANGE ACT




[House Report 113-274]
[From the U.S. Government Printing 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.

           *       *       *       *       *       *       *

                              ----------                              


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.

           *       *       *       *       *       *       *