[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8701 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8701
To transfer to the Secretary of Transportation the functions of the
Administrator of the Transportation Security Administration, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 7, 2026
Mr. Moskowitz (for himself and Mr. Burchett) introduced the following
bill; which was referred to the Committee on Homeland Security
_______________________________________________________________________
A BILL
To transfer to the Secretary of Transportation the functions of the
Administrator of the Transportation Security Administration, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Security
Administration Transfer Act of 2026''.
SEC. 2. TRANSFERRING THE TRANSPORTATION SECURITY ADMINISTRATION.
(a) In General.--There is transferred to the Secretary of
Transportation the functions of the Administrator of the Transportation
Security Administration.
(b) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to a department or office from which a function is
transferred by this section--
(1) to the head of such department or office is deemed to
refer to the head of the department or office to which such
function is transferred; or
(2) to such department or office is deemed to refer to the
department or office to which such function is transferred.
(c) Exercise of Authorities.--Except as otherwise provided by law,
a Federal official to whom a function is transferred by this section
may, for purposes of performing the function, exercise all authorities
under any other provision of law that were available with respect to
the performance of that function to the official responsible for the
performance of the function immediately before the effective date of
the transfer of the function under this section.
(d) Savings Provisions.--
(1) Legal documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(A) that have been issued, made, granted, or
allowed to become effective by the President, any
officer or employee of any office transferred by this
section, or any other Government official, or by a
court of competent jurisdiction, in the performance of
any function that is transferred by this section, and
(B) that are in effect on the effective date of
such transfer (or become effective after such date
pursuant to their terms as in effect on such effective
date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other authorized
official, a court of competent jurisdiction, or operation of
law.
(2) Proceedings.--This section shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the date of the enactment of this section before an office
transferred by this section, but such proceedings and
applications shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if this section had
not been enacted, and orders issued in any such proceeding
shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a
court of competent jurisdiction, or by operation of law.
Nothing in this paragraph shall be considered to prohibit the
discontinuance or modification of any such proceeding under the
same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this
section had not been enacted.
(3) Suits.--This section shall not affect suits commenced
before the date of the enactment of this section, and in all
such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and with the same effect
as if this section had not been enacted.
(4) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Transportation Security
Administration, or by or against any individual in the official
capacity of such individual as an officer or employee of an
office transferred by this section, shall abate by reason of
the enactment of this section.
(5) Continuance of suits.--If any Government officer in the
official capacity of such officer is party to a suit with
respect to a function of the officer, and under this section
such function is transferred to any other officer or office,
then such suit shall be continued with the other officer or the
head of such other office, as applicable, substituted or added
as a party.
(6) Administrative procedure and judicial review.--Except
as otherwise provided by this section, any statutory
requirements relating to notice, hearings, action upon the
record, or administrative or judicial review that apply to any
function transferred by this section shall apply to the
exercise of such function by the head of the Federal agency,
and other officers of the agency, to which such function is
transferred by this section.
(e) Transfer of Assets.--Except as otherwise provided in this
section, so much of the personnel, property, records, and unexpended
balance of appropriations, allocations, and other funds employed, used,
held, available, or to be made available in connection with a function
transferred to an official or agency by this section shall be available
to the official or the head of that agency, respectively, at such time
or times as the Director of the Office of Management and Budget directs
for use in connection with the functions transferred.
(f) Delegation and Assignment.--Except as otherwise expressly
prohibited by law or otherwise provided in this section, an official to
whom functions are transferred under this section (including the head
of any office to which functions are transferred under this section)
may delegate any of the functions so transferred to such officers and
employees of the office of the official as the official may designate,
and may authorize successive redelegations of such functions as may be
necessary or appropriate. No delegation of functions under this
subsection or under any other provision of this section shall relieve
the official to whom a function is transferred under this section of
responsibility for the administration of the function.
(g) Authority of Director of the Office of Management and Budget
With Respect to Functions Transferred.--
(1) Determinations.--If necessary, the Director of the
Office of Management and Budget shall make any determination of
the functions that are transferred under this section.
(2) Incidental transfers.--The Director of the Office of
Management and Budget, at such time or times as the Director
shall provide, may make such determinations as may be necessary
with regard to the functions transferred by this section, and
to make such additional incidental dispositions of personnel,
assets, liabilities, grants, contracts, property, records, and
unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such
functions, as may be necessary to carry out the provisions of
this section. The Director shall provide for the termination of
the affairs of all entities terminated by this section and for
such further measures and dispositions as may be necessary to
effectuate the purposes of this section.
(h) Certain Vesting of Functions Considered Transfers.--For
purposes of this section, the vesting of a function in a department or
office pursuant to reestablishment of an office shall be considered to
be the transfer of the function.
(i) Availability of Existing Funds.--Existing appropriations and
funds available for the performance of functions, programs, and
activities terminated pursuant to this section shall remain available,
for the duration of their period of availability, for necessary
expenses in connection with the termination and resolution of such
functions, programs, and activities.
(j) Conforming Amendments.--
(1) Homeland security act of 2002.--Section 424 of the
Homeland Security Act of 2002 (6 U.S.C. 234) and the item
relating to such section in the table of contents under such
Act are repealed.
(2) Title 49, united states code.--Subsection (a) of
section 114 of title 49, United States Code, is amended to read
as follows:
``(a) In General.--There is in the Department of Transportation the
Transportation Security Administration, which shall be maintained as a
distinct entity in the Department.''.
(k) Definitions.--In this section:
(1) Function.--The term ``function'' includes any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(2) Office.--The term ``office'' includes any office,
administration, agency, bureau, institute, council, unit,
organizational entity, or component thereof.
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