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112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-468

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



 
   DISPOSITION OF UNCLAIMED MONEY AND CLOTHING RECOVERED AT AIRPORT 
                          SECURITY CHECKPOINTS

                                _______
                                

  May 8, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. King of New York, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2179]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2179) 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 United 
Service Organizations, Incorporated, 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..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     7
Additional Views.................................................    10
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. DISPOSITION OF UNCLAIMED MONEY AND CLOTHING RECOVERED AT 
                    AIRPORT SECURITY CHECKPOINTS.

  (a) In General.--Section 44945 of title 49, United States Code, is 
amended to read as follows:

``Sec. 44945. Disposition of unclaimed money and clothing

  ``(a) Unclaimed Money.--Notwithstanding section 3302 of title 31, 
unclaimed money recovered at any airport security checkpoint shall be 
annually transferred, without further appropriation, by the Assistant 
Secretary of Homeland Security (Transportation Security Administration) 
to United Service Organizations, Incorporated, to provide funding for 
the activities of United Service Organizations, Incorporated, in 
support of USO airport centers.
  ``(b) Unclaimed Clothing.--
          ``(1) In general.--In disposing of unclaimed clothing 
        recovered at any airport security checkpoint, the Assistant 
        Secretary shall make every reasonable effort, in consultation 
        with the Secretary of Veterans Affairs, to transfer the 
        clothing to local veterans organizations or other local 
        charitable organizations for distribution to homeless or needy 
        veterans and veteran families.
          ``(2) Agreements.--In implementing paragraph (1), the 
        Assistant Secretary may enter into agreements with airport 
        authorities.
          ``(3) Other charitable arrangements.--Nothing in this 
        subsection shall prevent an airport or the Transportation 
        Security Administration from donating unclaimed clothing to a 
        charitable organization of their choosing.
          ``(4) Limitation.--Nothing in this subsection shall create a 
        cost to the Government.
  ``(c) Annual Report.--The Assistant Secretary shall submit, on an 
annual basis, to the Committee on Homeland Security and the Committee 
on Appropriations of the House of Representatives and the Committee on 
Commerce, Science, and Transportation and the Committee on 
Appropriations of the Senate a report that contains a detailed 
description of--
          ``(1) the amount of unclaimed money described in subsection 
        (a) recovered in total and at each individual airport; and
          ``(2) the amount of unclaimed money described in subsection 
        (a) transferred to United Service Organizations, Incorporated, 
        under this section and the dates of such transfers.''.
  (b) Clerical Amendment.--The item relating to such section in the 
table of sections at the beginning of chapter 449 of such title is 
amended to read as follows:

``44945. Disposition of unclaimed money and clothing.''.

  (c) Repeal.--Section 515(b) of the Department of Homeland Security 
Appropriations Act, 2005 (118 Stat. 1318; 49 U.S.C. 44945 note) is 
repealed.

                          Purpose and Summary

    The purpose of H.R. 2179 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 
United Service Organizations, Incorporated, 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 United Service Organizations, 
Inc. (USO) for use in support of its airport centers. The 
legislation will support the continued efforts of the USO by 
providing funds to create a welcoming and comfortable 
atmosphere at airports for our dedicated military personnel and 
their families. In addition, this bill also directs TSA to 
provide clothing assistance to homeless or needy veterans with 
unclaimed clothing recovered at airport security checkpoints.
    The Committee recognizes that TSA is currently responsible 
for collecting the monies left at checkpoints and that there is 
an expense associated with the collection and processing of 
those monies. The Committee encourages TSA and the USO to work 
out a process that works best for both entities for such 
collection and processing.
    The requirement to transfer unclaimed monies recovered at 
airport checkpoints to the USO applies to existing balances of 
such monies. At the time of the Committee's filing of this 
report, the Congressional Budget Office estimates that $1.2 
million currently remains unspent at TSA from unclaimed money 
recovered at airport security checkpoints. The total existing 
balance upon the date of enactment of this Act should be 
transferred to the USO.

                                Hearings

    No hearings were held on H.R. 2179.

                        Committee Consideration

    The Subcommittee on Transportation Security met on March 7, 
2012, to consider H.R. 2179, and ordered the measure reported 
to the Full Committee with a favorable recommendation, without 
amendment, by voice vote.

    The Committee met on March 28, 2012, to consider H.R. 2179, 
and ordered the measure to be reported to the House with a 
favorable recommendation, amended, by voice vote.
    The Committee adopted H.R. 2179, as amended, by voice vote.
    The following amendments were offered:

      LAn Amendment in the Nature of a Substitute was offered 
by Mr. Rogers (#1); was AGREED TO, by voice vote.

      LAn amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Hochul (#1A); was AGREED TO, by voice 
vote.
  Page 1, line 1, insert after ``Unclaimed Money'' the following: ``And 
Clothing''.
  Page 1, line 5, insert after ``unclaimed money'' the following: ``and 
clothing''.
  Page 1, line 6, strike ``In General.--'' and insert ``Unclaimed 
Money.--''.
  Page 1, after line 13, insert a new subparagraph entitled ``(b) 
Unclaimed Clothing.
  Page 1, line 14, strike ``(b)'' and insert ``(c)''.
  Page 2, after line 9, insert a new subsection entitled ``(b) Clerical 
Amendment.''

                            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.2179.

                      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. 
2179 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.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 12, 2012.
Hon. Peter T. King,
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. 2179, a bill 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 United Service Organizations, 
Incorporated, and for other purposes.
    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. 2179--A bill 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 United Service 
        Organizations, Incorporated, and for other purposes

    Summary: According to the Transportation Security 
Administration (TSA), airline passengers have left behind 
roughly $400,000 in unclaimed money at airport security 
checkpoints in each of the past two fiscal years. H.R. 2179 
would amend current law to require TSA to transfer such 
unclaimed funds to a nonprofit organization that provides 
assistance to military personnel.
    CBO estimates that enacting H.R. 2179 would increase net 
direct spending by about $1 million in 2013; therefore, pay-as-
you-go procedures apply. We also estimate that that near-term 
increase in direct spending would be fully offset by a 
corresponding reduction in direct spending in later years, 
resulting in no significant net change over time. Enacting H.R. 
2179 would not affect revenues or spending subject to 
appropriation.
    H.R. 2179 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2179 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                  By fiscal year, in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2013    2014    2015    2016    2017    2018    2019    2020    2021    2022   2013-2017  2013-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING

Estimated Budget Authority........................       0       0       0       0       0       0       0       0       0       0         0          0
Estimated Outlays.................................       1       *       *       *       *       *       *       *       *       *         *          *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: * = between $500,000 and -$500,000.

    Basis of estimate: Under current law, TSA has authority to 
retain and spend unclaimed money left at security checkpoints 
by air passengers, without appropriation, for activities 
related to aviation security. H.R. 2179 would amend current law 
to require TSA to transfer such unclaimed funds to United 
Service Organizations, Incorporated (USO), a nonprofit 
organization that provides assistance to military personnel.
    Based on historical spending patterns, CBO expects that, 
under current law, TSA would spend unclaimed checkpoint money 
gradually over the next several years. Therefore, requiring the 
agency to transfer amounts to USO would accelerate outlays. 
Because the amount of money involved is modest, CBO does not 
expect this change would have a significant net impact on the 
budget with regard to checkpoint money collected in future 
years.
    For purposes of this estimate, however, CBO assumes that 
the requirement to transfer unclaimed checkpoint money would 
apply to existing balances of such funds, which totaled 
approximately $1.2 million at the start of fiscal year 2012. 
Relative to current law, we estimate that transferring those 
funds to USO would increase net direct spending by about $1 
million in 2013. We also estimate that the near-term increase 
would be fully offset over the next several years by lower 
outlays for aviation security, resulting in no significant net 
change in direct spending over the next 10 years.
    Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

         CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 2179, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON HOMELAND SECURITY ON MARCH 28, 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2012    2013    2014    2015    2016    2017    2018    2019    2020    2021    2022   2012-2017  2012-2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact............       0       1       0       0       0       0       0       0       0       0       0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and Private-sector impact: H.R. 2179 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Megan Carroll; Impact 
on State, Local, and Tribal Governments: J'nell L. Blanco; 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate 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. 2179 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    H.R. 2179 provides additional funds to the USO for its 
activities in support of USO airport centers by requiring the 
TSA to transfer unclaimed money recovered at airport 
checkpoints to the USO. The TSA is also required to consult 
with the Department of Veterans Affairs to transfer unclaimed 
clothing to local veterans organizations or other local 
charitable organizations for distribution to homeless or needy 
veterans and their families.
    The Committee acknowledges that many airports throughout 
the country have existing agreements with local organizations 
to donate clothing and other items left behind at security 
checkpoints. H.R. 2179 preserves the ability of airports to 
donate clothing to any organizations.

   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. 2179 does 
not preempt any State, local, or Tribal law.

                      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.   Disposition of unclaimed money and clothing recovered at 
        airport security checkpoints

    Section 44945 of title 49, U.S. Code is amended as follows:

Unclaimed Money
    The Transportation Security Administration (TSA) Assistant 
Secretary is directed to annually transfer unclaimed money 
recovered at any airport security checkpoint to United Service 
Organizations (USO), Incorporated, to provide funding for its 
activities in support of USO airport centers.

Unclaimed Clothing
    The Assistant Secretary, in consultation with the Secretary 
of Veterans Affairs, is required to transfer unclaimed clothing 
recovered at any airport checkpoint to local veterans 
organizations or other local charitable organizations for 
distribution to homeless or needy veterans and their families. 
This section does not preclude the TSA from donating unclaimed 
clothing to additional charitable organizations. Nothing in 
this subsection will create a cost to the Government.

Annual Report
    The Assistant Secretary is required to submit to the 
Committee on Homeland Security and the Committee on 
Appropriations of the House and the Committee on Commerce, 
Science, and Transportation and the Committee on Appropriations 
of the Senate an annual report that includes a detailed 
description of the amount of unclaimed money recovered at each 
individual airport and the amount of unclaimed money 
transferred to the USO and the dates of the transfers.

Clerical Amendment
    The table of sections at the beginning of chapter 449 is 
amended to read as follows: ``44954.  Disposition of unclaimed 
money and clothing.''.

Repeal
    Section 515(b) of the Department of Homeland Security 
Appropriations Act, 2005 is repealed.

         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 I--REQUIREMENTS

Sec.
44901. Screening passengers and property.
     * * * * * * *

               SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

     * * * * * * *
[44945. Disposition of unclaimed money.]
44945. Disposition of unclaimed money and clothing.

           *       *       *       *       *       *       *


SUBCHAPTER II--ADMINISTRATION AND PERSONNEL

           *       *       *       *       *       *       *


[Sec. 44945. Disposition of unclaimed money

  [Notwithstanding section 3302 of title 31, 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.]

Sec. 44945. Disposition of unclaimed money and clothing

  (a) Unclaimed Money.--Notwithstanding section 3302 of title 
31, unclaimed money recovered at any airport security 
checkpoint shall be annually transferred, without further 
appropriation, by the Assistant Secretary of Homeland Security 
(Transportation Security Administration) to United Service 
Organizations, Incorporated, to provide funding for the 
activities of United Service Organizations, Incorporated, in 
support of USO airport centers.
  (b) Unclaimed Clothing.--
          (1) In general.--In disposing of unclaimed clothing 
        recovered at any airport security checkpoint, the 
        Assistant Secretary shall make every reasonable effort, 
        in consultation with the Secretary of Veterans Affairs, 
        to transfer the clothing to local veterans 
        organizations or other local charitable organizations 
        for distribution to homeless or needy veterans and 
        veteran families.
          (2) Agreements.--In implementing paragraph (1), the 
        Assistant Secretary may enter into agreements with 
        airport authorities.
          (3) Other charitable arrangements.--Nothing in this 
        subsection shall prevent an airport or the 
        Transportation Security Administration from donating 
        unclaimed clothing to a charitable organization of 
        their choosing.
          (4) Limitation.--Nothing in this subsection shall 
        create a cost to the Government.
  (c) Annual Report.--The Assistant Secretary shall submit, on 
an annual basis, to the Committee on Homeland Security and the 
Committee on Appropriations of the House of Representatives and 
the Committee on Commerce, Science, and Transportation and the 
Committee on Appropriations of the Senate a report that 
contains a detailed description of--
          (1) the amount of unclaimed money described in 
        subsection (a) recovered in total and at each 
        individual airport; and
          (2) the amount of unclaimed money described in 
        subsection (a) transferred to United Service 
        Organizations, Incorporated, under this section and the 
        dates of such transfers.

           *       *       *       *       *       *       *

                              ----------                              


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 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.]

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    As a Member of Congress, there is no greater honor than 
serving those who serve our country in uniform. In that spirit, 
I was honored earlier this year when I had the privilege of 
seeing off nearly 75 soldiers from the New York Army National 
Guard Special Troops Battalion as they mobilized for a possible 
overseas deployment.
    We ask so much of our brave men and women who leave their 
homes and families behind to defend our freedom. That is why I 
joined this Committee in advancing H.R. 2179. The unclaimed 
currency directed to the United Service Organizations by this 
legislation will help ensure that every service member and 
military family member travelling through an American airport 
is treated with the respect they deserve.
    I was also proud to work with this Committee to amend this 
bill to cover clothing left at airport security checkpoints. My 
amendment, which was drafted with bipartisan cooperation, would 
require the TSA to make every reasonable effort to transfer 
unclaimed clothing to local veterans organizations and other 
local charitable organizations for distribution to homeless or 
needy veterans and their families. This would be done in 
consultation with the Department of Veterans Affairs, which 
already hosts ``Stand Down'' events across the country that 
provide clothing and other goods and services to homeless 
veterans.
    According to the Department of Veterans Affairs, 
approximately 75,000 veterans are homeless on any given night, 
and over 20,000 veterans of the wars in Iraq and Afghanistan 
have been homeless within the last five years. This is a 
national tragedy. We must end veteran homelessness and, until 
we do, we must do everything we can to provide for homeless 
veterans and their families.
    I thank Chairman King, Ranking Member Thompson, Chairman 
Rogers, Ranking Member Jackson Lee, and the Chairman of the 
Committee on Veterans' Affairs, Jeff Miller, for their 
leadership on this issue and look forward to working with them 
and this Committee to advance this important legislation and 
pass it into law.

                                                Kathleen C. Hochul.