The operative word is “may.” But the current appropriations bill contains specific language preventing a transfer, notes Robert Tobiassen, president, National Association of Beverage Importers and former TTB chief counsel. The language was inserted because the Trump Administration sought last year to transfer ATF’s alcohol and tobacco responsibilities to TTB. Here’s the language:
“No funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments.”
That’s not to say this can’t be changed in a future appropriations bill, Tobiassen says, adding he hasn’t a clue as to what interests resulted in the prohibition being inserted into the FY 2019 appropriations bill.
The authority functions and missions in question involve investigating alcohol and tobacco smuggling.
Tobiassen wrote about this in a lengthy blog post for Himan & Carmichael, the law firm, you can find here.