H.R. 8701: Transportation Security Administration Transfer Act of 2026

This bill, titled the Transportation Security Administration Transfer Act of 2026, proposes the transfer of the functions of the Transportation Security Administration (TSA) from its current leadership to the Secretary of Transportation. Here are the key points regarding what this bill would do:

Transfer of Functions

The bill aims to officially transfer the responsibilities that fall under the TSA from its current administrator to the Secretary of Transportation. This includes all powers, duties, and obligations currently assigned to the TSA administrator.

References and Legal Implications

• Any reference to the administrator or TSA in existing laws or documents will now refer to the Secretary of Transportation.
• The bill specifies that functions transferred will continue to utilize the authorities that were previously available to the TSA administrator.

Continuation of Existing Legalities

The bill ensures that any existing orders, rules, licenses, and agreements related to TSA functions will remain in effect unless they are modified or revoked by the appropriate authority. Moreover, ongoing proceedings or applications will not be disrupted by this change, and current legal actions involving the TSA will continue unaffected.

Transfer of Assets and Resources

All personnel, property, records, and funds related to the functions being transferred will also be transferred to the new oversight of the Secretary of Transportation, as directed by the Director of the Office of Management and Budget.

Delegation of Responsibilities

The official to whom the functions have been transferred may delegate those responsibilities to other officers or employees as necessary. However, they will remain accountable for the administration of those functions.

Regulatory Compliance and Judicial Review

Any statutory requirements that applied to the TSA will continue to apply under the new arrangement with the Secretary of Transportation.

Impact on Existing Procedures

The bill also stipulates that existing appropriations and funding will remain available for necessary expenses related to the transition of TSA functions.

Conforming Amendments

The legislation proposes specific amendments to existing laws, including the repeal of certain sections within the Homeland Security Act of 2002, to facilitate this transition.

Definitions

The bill contains definitions that clarify what is meant by "function" and "office," ensuring a clear understanding of the terms as they relate to the transfer of responsibilities.

Relevant Companies

• BA (Boeing) - The company may see changes in security regulations affecting its operations, considering it interacts with TSA regarding air travel security.
• UAL (United Airlines) - Changes in TSA oversight could influence operational procedures and costs related to security measures for commercial flights.
• AAL (American Airlines) - Similar to United Airlines, American Airlines may be affected by alterations in TSA policies directly influencing airport security protocols.