H.R. 8701

[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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