28 TSA MD 200.51, FINAL, 171114.pdf
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- Solicitation number
- 70T05026R5900N005
About this file
This is a Transportation Security Administration (TSA) Management Directive establishing policy and procedures for the care, handling, and disposition of lost or unclaimed personal property found in TSA-occupied spaces, including security checkpoints and checked baggage screening areas. The directive applies to all TSA organizational elements and supersedes previous guidance dated September 19, 2015, with revisions adding authority under 49 U.S.C. § 44945 regarding disposition of unclaimed money and clothing.
Key responsibilities are distributed among designated officials: the Property Management Officer oversees all personal property management; the National Utilization Officer manages the Lost and Unclaimed Property Program and provides disposition instructions for high-value items (valued at $500 or greater) and sensitive items with data storage capability; the Accountable Property Officer processes and stores lost property within their custodial area; and TSA employees must conduct reasonably diligent inquiries immediately upon discovery to ascertain ownership. Critical policy provisions include TSA's voluntary acceptance of responsibility for lost or unclaimed property at screening checkpoints and baggage areas; adoption of GSA regulations with specified modifications; prohibition against federal transfer without reimbursement of fair market value; explicit prohibition on TSA offices or employees requisitioning or reusing lost and unclaimed items for official or personal use; and senior manager and APO accountability for property accounting. The directive was approved and signed by Pat A. Rose, Jr., Assistant Administrator/Chief Financial and Administrative Officer for the Office of Finance and Administration, on November 14, 2017, with detailed procedures referenced in the Personal Property Management Manual.
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OFFICE OF FINANCE AND ADMINISTRATION
Property Management Division
TSA MANAGEMENT DIRECTIVE No. 200.51
DISPOSITION OF LOST OR UNCLAIMED PERSONAL
PROPERTY FOUND IN TSA-OCCUPIED SPACES
To enhance mission performance, TSA is committed to promoting a culture founded on its values of
Integrity, Innovation and Team Spirit.
REVISION: This revised directive supersedes TSA MD 200.51, Disposition of Lost or Unclaimed
Personal Property Found in TSA-Occupied Spaces, dated September 19th, 2015.
SUMMARY OF CHANGES: Section 3, Authorities, added 49 U.S.C. § 44945, Disposition of unclaimed money and clothing and administrative changes throughout.
1. PURPOSE: This directive provides TSA policy and procedures for the care, handling, and disposal of lost or unclaimed personal property found in TSA facilities and occupied spaces, including checked baggage screening areas and contractor operated screening checkpoints. This directive supersedes all previous TSA guidance on lost or unclaimed personal property.1
Cash lost or unclaimed at the checkpoint or in other TSA-occupied spaces is subject to special procedures not outlined in this Management Directive. See TSA Financial Management Manual, part 1, ch. 4, § 3, Safeguarding of Cash Collected at Airports (February 17, 2015).
2. SCOPE: This directive applies to all TSA organizational elements.
3. AUTHORITIES:
A. 40 U.S.C. § 552, Abandoned or Unclaimed Property on Government Premises
B. 49 U.S.C. § 114(j), Transportation Security Administration
C. 49 U.S.C. § 44901(a), Screening Passengers and Property
D. 49 U.S.C. § 44945, Disposition of Unclaimed Money and Clothing
E. 41 CFR Part 102-41, Disposition of Seized, Forfeited, Voluntarily Abandoned, and Unclaimed
Personal Property
F. 41 CFR Part 102-36.320, Transfer or Donation of Excess Personal Property
G. 49 CFR Part 172.101, Hazardous Materials Table
H. Hazardous Materials Transportation Act of 1994, Pub. L. No. 94-580, 42 U.S.C. §§ 6901 et seq
1 Lost or unclaimed personal property is distinct from prohibited items voluntarily abandoned to the TSA at screener checkpoints, also known as voluntarily abandoned property (VAP), which includes hazardous material (HAZMAT).
Procedures for processing VAP is addressed in TSA MD 200.52, Care, Handling, and Disposition of Voluntarily Abandoned
Property, dated September 4, 2014.
https://office.ishare.tsa.dhs.gov/sites/FMD/financialpolicy/SitePages/FMM%20Part%20One.aspx https://office.ishare.tsa.dhs.gov/sites/FMD/financialpolicy/SitePages/FMM%20Part%20One.aspx https://ishare.tsa.dhs.gov/PoliciesAndForms/Policies/Pages/TSA%20Directives.aspx?PolicyFilter=0200%20Administrative%20Management&PolicyUrl=https://ishare.tsa.dhs.gov/PoliciesAndForms/Policies/Pages/AdministrativeManagementLetters,BulletinsandGuidance.aspx https://ishare.tsa.dhs.gov/PoliciesAndForms/Policies/Pages/TSA%20Directives.aspx?PolicyFilter=0200%20Administrative%20Management&PolicyUrl=https://ishare.tsa.dhs.gov/PoliciesAndForms/Policies/Pages/AdministrativeManagementLetters,BulletinsandGuidance.aspx
I. Resource Conservation and Recovery Act of 1976, Pub. L. No. 94-580, 90 Stat. 2795, codified at 42 U.S.C. §§ 6901-6987
J. Toxic Substances Control Act, Pub. L. No. 94-469, 90 Stat. 2003 (1976), as amended, 15 U.S.C.
§§ 2601-2629
K. TSA MD 200.56, Reports of Survey
L. TSA MD 200.57, Personal Property Management
4. DEFINITIONS:
A. Accountable Property Officer (APO): The individual responsible for the accountability and control of personal property within his or her jurisdiction. The responsibility may be a collateral duty designated to an individual with a different title within the organization.
B. Care and Handling: Preserving, protecting, packing/storing, transporting and, in the case of property that is dangerous to public health or safety, destroying or rendering innocuous such property.
C. Fair Market Value (FMV): The best estimate of the cost of an item if the property were to be sold in a public sale between a willing buyer and a willing seller.
D. Deputy Property Management Official (DPMO): A senior field representative of Property
Management Division (PMD) who serves as the local subject matter expert and liaison for personal property management within his or her accountable area.
E. Hazardous Material: Personal property components and materials that are deemed hazardous chemicals, substances or mixtures as defined by the Occupational Safety and Health Act or the
Hazardous Materials Transportation Act, and personal property determined to be hazardous waste as defined under the Resource Conservation and Recovery Act, or the Toxic Substances
Control Act.
F. Lost or Unclaimed Personal Property: Refers to non-TSA property found on premises occupied by the TSA, and includes unclaimed personal property located at TSA security checkpoints and checked baggage areas. Lost and unclaimed personal property may include property that contains Hazardous Materials (HAZMAT). Lost and unclaimed personal property is subject to the filing of a claim by the former owner(s) within three years from the vesting of title in the
United States.
G. National Utilization Officer (NUO): The designated officer, appointed in writing by the Property
Management Officer, who is responsible for the proper utilization and disposal of all property within TSA, which includes management of TSA’s Lost or Unclaimed (L&U) Property Program.
H. Personal Property: Tangible property (equipment, materials, and supplies) that can be moved from place to place. Does not include cash.
https://ishare.tsa.dhs.gov/PoliciesAndForms/Policies/Pages/TSA%20Directives.aspx?PolicyFilter=0200%20Administrative%20Management&PolicyUrl=https://ishare.tsa.dhs.gov/PoliciesAndForms/Policies/Pages/AdministrativeManagementLetters,BulletinsandGuidance.aspx https://ishare.tsa.dhs.gov/PoliciesAndForms/Policies/Pages/TSA%20Directives.aspx?PolicyFilter=0200%20Administrative%20Management&PolicyUrl=https://ishare.tsa.dhs.gov/PoliciesAndForms/Policies/Pages/AdministrativeManagementLetters,BulletinsandGuidance.aspx
I. Property Management Officer (PMO): The designated agency official responsible for ensuring compliance with internal policies and Government-wide regulations regarding the acquisition, receipt, accountability, utilization, distribution, and disposal of personal property.
J. Property Custodian (PC): The individual assigned physical responsibility for the proper use, maintenance, and protection of property assigned to a particular custodial area. The designation of PC may be an ancillary duty. The PC can be either federal or contract personnel.
K. Public Body: Any department, agency, special purpose district, or other instrumentality of a state or local government, Indian tribe, or the United States.
5. RESPONSIBILITIES:
A. The Director of PMD, under the Office of Finance and Administration, is the TSA PMO, and has the overall responsibility for personal property management within TSA, including requirements determination, property accountability, oversight of inventory, declaration of excess, and participation in the contracting function.
B. The NUO is responsible for:
(1) Working with the DPMOs, APOs, and PCs on property management issues, as well as advertising and screening excess property among TSA entities, organizational components within DHS, the General Services Administration (GSA), and other Federal agencies as needed.
(2) Providing appropriate disposition instructions and warehouse shipment authorizations when required for L&U high-value items (items valued at $500.00 or greater) and sensitive items with data storage capability.
C. The APO is responsible for, the receipt, processing, storage, and appropriate disposition of all
L&U property within his/her custodial area.
D. TSA employees who initially identify lost or unclaimed property shall handle it immediately upon discovery; directly followed by reasonably diligent inquiries to ascertain the owner of the lost or unclaimed personal property item (e.g., airport announcements).
6. POLICY:
A. TSA voluntarily accepts responsibility for personal property lost or unclaimed at TSA occupied screening checkpoint spaces and checked baggage areas.
B. TSA generally adopts and applies the GSA regulations for handling abandoned or unclaimed property on premises owned or leased by the Federal government, with the modifications contained herein, for all TSA-occupied spaces. TSA reserves the right to apply its own statutory authority in addressing unique situations that arise at locations where TSA conducts security operations, even if the result differs from GSA regulations.
C. TSA adopts the GSA rule that lost and unclaimed personal property does not qualify for Federal transfer without reimbursement; therefore, it cannot be transferred to GSA or any other Federal agency unless the receiving agency is willing to pay the FMV.
D. TSA offices or employees are not authorized to requisition or reuse any lost and unclaimed items for official or personal use.
E. Senior managers and APOs shall be responsible for ensuring the accounting of personal property.
The APO may not delegate this responsibility but may designate a representative responsible for supporting administrative work.
7. PROCEDURES: Please reference the Personal Property Management Manual.
8. APPROVAL AND EFFECTIVE DATE: This policy is approved and effective the date of signature unless otherwise specified.
APPROVAL
Signed November 14, 2017
Pat A. Rose, Jr. Date
Assistant Administrator/Chief Financial and
Administrative Officer for
Office of Finance and Administration
EFFECTIVE
Date
Distribution: Assistant Administrators, Division Directors
Point-of-Contact: Property Management Division, TSA-Property@dhs.gov https://office.ishare.tsa.dhs.gov/sites/PMD/Personal%20Property%20and%20Compliance/Voluntarily%20Abandoned%20Property%20VAP/Forms/AllItems.aspx mailto:TSA-Property@dhs.gov
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