Transportation Security Administration Transfer Act of 2026
- Sponsor
- Rep. Moskowitz, Jared [D-FL-23]
- Committees
- Homeland Security Committee (primary)
- Last action
- May 8, 2026
Bottom line
H.R. 8701 aims to reorganize federal aviation security oversight by relocating the Transportation Security Administration from the Department of Homeland Security to the Department of Transportation.
What it actually does
This bill transfers all functions of the Administrator of the Transportation Security Administration (TSA) from the Department of Homeland Security (DHS) to the Secretary of Transportation, effectively moving the entire TSA agency into the Department of Transportation (DOT). It includes provisions to ensure the continuity of operations, legal documents, and ongoing proceedings during and after the transfer, and directs the Office of Management and Budget to manage the transfer of assets and personnel.
Proponents argue
Proponents argue that moving the TSA to the Department of Transportation would streamline transportation policy, enhance efficiency by consolidating all transportation-related agencies under one department, and allow DHS to focus more squarely on core national security threats. They might suggest this move could improve coordination between security and operational aspects of transportation, potentially leading to more effective and less disruptive security measures.
Opponents contend
Opponents might contend that this transfer would weaken national security by separating a critical security agency from the broader homeland security apparatus, potentially hindering intelligence sharing and coordinated responses to threats. They could argue that DHS was created specifically to integrate security functions post-9/11, and moving TSA out would undo some of that integration, creating new bureaucratic hurdles and potentially compromising the security posture of the nation's transportation systems.
The bill is concise and clearly written, making it accessible for a quick read and understanding of its primary objective.
Section 2(a)
Transfer of Transportation Security Administration Functions
This provision mandates that all responsibilities, duties, and powers currently held by the Administrator of the Transportation Security Administration (TSA) are to be moved to the Secretary of Transportation. This effectively shifts the entire TSA agency from the Department of Homeland Security (DHS) to the Department of Transportation (DOT).
Supporters argue
Proponents argue this streamlines transportation governance by placing all transportation-related agencies under one roof, fostering better coordination between security and operational aspects of travel, and allowing DHS to concentrate on broader national security threats.
Critics contend
Opponents argue this move could fragment national security efforts, potentially hindering intelligence sharing and coordinated responses to threats by separating TSA from DHS's integrated security framework.
Tradeoffs
The bill navigates the tension between consolidating transportation functions for efficiency and maintaining an integrated national security posture under DHS.
Section 2(d)
Continuity of Legal Documents, Proceedings, and Suits
This section ensures that all existing legal documents, such as orders, rules, permits, and contracts, issued by the TSA or related offices remain valid after the transfer. It also guarantees that any ongoing legal proceedings, applications for benefits, or lawsuits involving the TSA will continue without interruption, with the new responsible official or office being substituted as a party where appropriate.
Section 2(e) and 2(g)
Management of Personnel, Property, Records, and Funds Transfer
This provision directs the Director of the Office of Management and Budget (OMB) to manage the transfer of all necessary personnel, physical property, records, and unspent funds associated with TSA's functions to the Department of Transportation. OMB is also granted broad authority to make any necessary determinations and incidental dispositions to ensure a complete and effective transfer.
Section 2(j)
Statutory Amendments to Reflect TSA's New Departmental Home
This section makes the necessary legal changes to existing federal law to reflect TSA's new placement. Specifically, it repeals the section of the Homeland Security Act of 2002 that established TSA within DHS and amends Title 49 of the United States Code to state that the TSA exists within the Department of Transportation as a distinct entity.
This provision repeals Section 424 of the Homeland Security Act of 2002 (6 U.S.C. 234), which is the original statutory basis for the Transportation Security Administration's establishment within the Department of Homeland Security.
Section 2(j)(1)
Why it matters:This is standard legislative practice for making necessary statutory adjustments when reorganizing federal agencies. It's not evasive, but technical.
Case for: Essential for legally severing TSA's ties to DHS, ensuring the transfer is fully effective and unambiguous in federal law.
Case against: No specific case against this technical repeal itself, as it's a necessary consequence of the main policy. Opposition would be to the overall transfer.
Estimated impact: Legally formalizes the removal of TSA from DHS.
This provision amends subsection (a) of section 114 of title 49, United States Code, to state that the Transportation Security Administration is in the Department of Transportation and shall be maintained as a distinct entity within that Department.
Section 2(j)(2)
Why it matters:Standard legislative practice for codifying new agency placements within the relevant title of the U.S. Code.
Case for: Legally establishes TSA's new home within DOT, providing clear statutory authority for its operations under the Secretary of Transportation.
Case against: No specific case against this technical amendment itself, as it's a necessary consequence of the main policy. Opposition would be to the overall transfer.
Estimated impact: Legally formalizes the placement of TSA within DOT.