29 TSA MD 200.52, FINAL, 2, 160829.pdf

OFFICE OF FINANCE AND ADMINISTRATION

Property Management Division

TSA MANAGEMENT DIRECTIVE No. 200.52

CARE, HANDLING, AND DISPOSITION OF

VOLUNTARILY ABANDONED PROPERTY

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 200.52, Care, Handling, and Disposition of

Voluntarily Abandoned Property, dated September 4, 2014.

SUMMARY OF CHANGES: Section 4, Definitions, added Accountable Property Officer and

Selectee Electronic VAP; Section 6 Policy, added Selectee Electronic VAP policy. Section 6B, Policy, added stipulations regarding accepting VAP.

1. PURPOSE: This directive provides TSA policy and procedures for the care, handling, and disposition of voluntarily abandoned property (VAP) collected by TSA at airports, to include hazardous material and hazardous waste. This directive does not cover lost or unclaimed personal property, or currency, which are covered in TSA MD 200.51, Disposition of Lost or Unclaimed

Personal Property Found in TSA-Occupied Spaces and the TSA Financial Management Manual, Chapter 4.3, Safeguarding of Cash Collected at Airports, respectively.

2. SCOPE: This directive applies to all TSA Security Operations Field Locations.

3. AUTHORITIES:

A. 40 CFR § 261, Identification and Listing of Hazardous Waste

B. 40 U.S.C. § 552, Abandoned or Unclaimed Property on Government Premises

C. 40 U.S.C. § 1306, Disposition of Abandoned or Forfeited Personal Property

D. 41 CFR § 101-42, Utilization and Disposal of Hazardous Materials and Certain Categories of

Property

E. 41 CFR § 102-36, Disposition of Excess Personal Property

F. 41 CFR § 102-37, Donation of Surplus Personal Property

G. 41 CFR § 102-41, Disposition of Seized, Forfeited, Voluntarily Abandoned, and Unclaimed

Personal Property

H. 49 CFR § 171.8, Definitions and Abbreviations

I. 49 CFR § 173.50, Class 1—Definitions

J. 49 CFR § 175.10, Exceptions

K. Aviation and Transportation Security Act (ATSA), PL 107-71, U.S.C. 114(j) https://ishare.tsa.dhs.gov/PoliciesAndForms/Policies/Pages/TSAMDs.aspx https://ishare.tsa.dhs.gov/PoliciesAndForms/Policies/Pages/TSAMDs.aspx https://team.ishare.tsa.dhs.gov/sites/FMD/financialpolicy/SitePages/FMM%20Part%20One.aspx https://team.ishare.tsa.dhs.gov/sites/FMD/financialpolicy/SitePages/FMM%20Part%20One.aspx

DEFINITIONS:

A. Accountable Property Officer (APO): The individual responsible for the accountability and control of personal property within his/her jurisdiction. The responsibility may be a collateral duty designated to an individual with a different title within the organization.

B. Biohazards: Infectious agents or hazardous materials of biological origin that present a risk or potential risk to the health of humans and that are capable of causing disease or infection in healthy humans.

C. Care and Handling: Preserving, protecting, packing, storing, transporting, and, in the case of property which is dangerous to public health or safety, destroying or rendering innocuous such property.

D. Deputy Property Management Official (DPMO): A senior field representative from the

Property Management Division (PMD) who serves as the local subject matter expert and liaison for personal property management within his/her accountable area.

E. Explosive: Any substance or article, including a device, which is designed to function by explosion or which, by chemical reaction within itself, is able to function in a similar manner even if not designed to function by explosion, unless the substance or article is otherwise classified under the provisions of 49 CFR § 173.50.

F. Hazardous Material (HAZMAT): 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. For liquids and gels, it includes household and personal hygiene items with a high alcohol content (>40 proof or 20% alcohol), such as perfume, after shave, hand sanitizer, mouthwash, etc.

G. Hazardous Waste: Defined by Federal Environmental Protection Agency regulations (40 CFR

§ 261.3) and by using varying state laws, hazardous waste includes specific listed chemicals and wastes that exhibit one of four characteristics that are defined with some specificity in 40

CFR § 261.21-24. Other materials may constitute hazardous waste under state environmental laws.

H. National Disposal Contract: A TSA-established contract designed to assist airports in the disposal of hazardous and, as a last resort, non-hazardous VAP.

I. Prohibited Items: Refers to weapons, explosives, incendiaries (material capable of causing fire), and liquids, aerosols, creams, and gels in excess of 3oz and not contained in a one-quart, zip-top plastic bag, along with other items noted in the Personal Property Management Manual

(PPMM).

J. Personal Property: Tangible property (equipment, materials, and supplies) that can be moved from place to place.

K. Property Management Officer (PMO): The designated agency official responsible for ensuring compliance with internal policies and Government-wide regulations regarding the acquisition, https://ishare.tsa.dhs.gov/Offices/FinanceAdmin/PMD/Pages/PMD/OPMPolicy.aspx receipt, accountability, utilization, distribution, and disposal of personal property. The Director of PMD serves as the PMO.

L. Public Body: Any department, agency, special purpose district, or other instrumentality of a state or local government, any Indian tribe, or any Federal agency.

M. Radioactive Materials: Any material intended for use as a source of ionizing radiation

(materials that produce x-rays, alpha rays, beta rays, gamma rays, and neutrons).

N. Selectee Electronic VAP - Voluntarily Abandoned Property that is electronic in nature generated by the additional selectee screening procedures per the TSA’s Office of Security

Operations Interim Change 6, Screening Checkpoint SOP.

O. Voluntarily Abandoned Property (VAP): Refers to personal property abandoned to a Federal agency in such a manner as to vest title to the United States.

P. VAP File: An airport-maintained file capturing estimated quantity of all VAP, including

HAZMAT, collected by TSA at their airports, the TSA Form 255, Certificate of Final

Disposition indicating disposition action, the TSA Form 266, Donation in Lieu of Abandonment or Destruction, the SF-120, Report of Excess Personal Property, and any other documentation appropriate for said file.

4. RESPONSIBILITIES:

A. The Federal Security Director (FSD) or designee is responsible for:

(1) Properly executing the requirements set forth by this directive;

(2) Ensuring the safe and compliant disposition processing of VAP, to include hazardous materials and hazardous waste; and

(3) Ensuring the care, handling, and disposition of VAP is executed and completed in a manner that is not detrimental or dangerous to public health or safety.

B. The PMD Director is responsible for:

(1) Managing personal property, to include property accountability, oversight of inventory levels, declaration of excess, final disposition, and participation in the contracting function;

and

(2) Appointing DPMOs.

C. DPMOs are responsible for:

(1) Ensuring compliance with internal policies and Government-wide regulations regarding the acquisition, receipt, accountability, utilization, distribution, and disposal of personal property within a specified geographical area; and https://ishare.tsa.dhs.gov/PoliciesAndForms/forms/Pages/TSAForms.aspx?FormFilter=0200%20Administrative%20Management https://ishare.tsa.dhs.gov/PoliciesAndForms/forms/Pages/TSAForms.aspx?FormFilter=0200%20Administrative%20Management https://ishare.tsa.dhs.gov/PoliciesAndForms/forms/Pages/TSAForms.aspx?FormFilter=0200%20Administrative%20Management https://ishare.tsa.dhs.gov/PoliciesAndForms/forms/Pages/TSAForms.aspx?FormFilter=0200%20Administrative%20Management

(2) Reviewing any SF-120 reporting high value (estimated resale $500 and greater) VAP as excess property, as received from Property Custodians (PCs), and forwarding it to PMD at

TSA-Property@tsa.dhs.gov.

D. APOs are responsible for maintaining the high-value VAP in a secure location until it has been determined whether there is a local-need requirement (i.e. training or display). If no local-need requirement exists, the PC is responsible for reporting the property via a SF-120 to their respective DPMO.

5. POLICY:

A. The PMD Director is the agency’s designated PMO.

B. VAP deposited in collection bins shall not be recovered by, and will not be returned to, passengers. TSA accepts the abandoned property voluntarily and not as a requirement by

Federal regulations. TSA reserves the right not to place collection bins at the airports in the event Airport Authority demands rent for the storage of VAP by TSA. Upon voluntary abandonment of the prohibited item, the item immediately becomes the property of the Federal

Government.

C. APOs shall maintain all high-dollar property (equal to or greater than (≥) $500, excluding

HAZMAT) in a secure location until PMD directs its disposition.

D. TSA shall not accept permanent custody of firearms, illegal weapons (as defined by state statute), explosives, radioactive materials, and biohazards.

E. The FSD (or designee) shall establish a VAP file for maintaining the documents required by this management directive. The VAP file must be available and is subject to audit, by request of the PMO or designee.

F. Selectee Electronic VAP cannot be reutilized for official mission training. There are no exceptions.

6. PROCEDURES: Please reference the PPMM on PMD’s Personal Property, Policy and

Compliance Branch’s iShare page.

mailto:TSA-Property@tsa.dhs.gov

7. APPROVAL AND EFFECTIVE DATE: This policy is approved and effective the date of signature unless otherwise specified.

APPROVAL

Signed August 29, 2016

Pat A. Rose, Jr. Date

Assistant Administrator for Finance and

Administration/Chief Financial Officer

EFFECTIVE

Date

Distribution: Assistant Administrators, FSDs, and Division Directors

Point-of-Contact: OFA/Property Management Division, TSA-Property@tsa.dhs.gov mailto:TSA-Property@tsa.dhs.gov