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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3700 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3700
To establish an expert review panel to make recommendations for a
comprehensive agency-wide safety management system at the FAA.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 27, 2026
Ms. Cantwell (for herself, Ms. Duckworth, Mr. Markey, Mr. Warner, Mrs.
Shaheen, and Ms. Klobuchar) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To establish an expert review panel to make recommendations for a
comprehensive agency-wide safety management system at the FAA.
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 ``FAA SMS Compliance Review Act of
2026''.
SEC. 2. EXPERT COMPLIANCE REVIEW OF FAA SAFETY MANAGEMENT SYSTEM.
(a) Expert Compliance Review.--
(1) Establishment.--
(A) In general.--Not later than 60 days after the
date of enactment of this section, the Administrator
shall convene an independent expert panel (in this
section referred to as the ``review panel'') to review
and make findings and recommendations on the matters
listed in paragraph (2).
(B) Purpose.--The purpose of the review panel is to
review and evaluate FAA orders and policies to inform
the FAA's implementation of a comprehensive and
integrated SMS within the FAA.
(2) Contents of review.--The review panel shall review the
following:
(A) The extent to which the FAA's SMS complies with
relevant FAA orders and policies.
(B) The actual and projected safety enhancements
achieved through the FAA's prior implementation of SMS.
(C) The effectiveness of SMS, including with
respect to the implementation of the following 4
components:
(i) Safety policy.
(ii) Safety risk management.
(iii) Safety assurance.
(iv) Safety promotion.
(D) The extent to which the FAA's safety culture
promotes or fosters the SMS consistent with the
principles of the ICAO's Safety Management Manual (Doc.
9859) or any similar successor document.
(E) The effectiveness of FAA's internal audit
process to determine, at minimum, the performance of
FAA's SMS.
(F) The extent to which SMS and each of the 4
components described in subparagraph (C) are integrated
appropriately among and across lines of business of the
FAA.
(G) The extent to which SMS and each of the 4
components so described are understood by, communicated
to, and included in training for, personnel at the FAA.
(H) The efficacy of existing SMS in place at
applicable lines of business at the FAA including, but
not limited to, the Air Traffic Organization, the
Aviation Safety Office, and the Office of Airports.
(I) The efficacy of the FAA's Voluntary Safety
Reporting Programs as part of SMS, including the
efficacy of specific voluntary safety reporting
programs at applicable lines of business, and any
actions taken by the FAA in response to reports filed
under such programs.
(J) Whether the Federal Government should advocate
for changes to Annex 19-Safety Management of the ICAO
to ensure appropriate updates to the State Safety
Program standards and recommended practices,
including--
(i) a systems-level approach to evaluating
and improving SMS for air navigation service
providers; and
(ii) the implementation of SMS for civil
aviation regulators.
(K) Any other matter determined by the
Administrator for which review by the review panel
would be consistent with the public interest in
aviation safety.
(3) Composition of review panel.--
(A) Appointed members.--The review panel shall
consist of the following members appointed by the
Administrator:
(i) Two representatives of the National
Aeronautics and Space Administration with
expertise in SMSs.
(ii) Five appropriately qualified
representatives of aviation labor organizations
(designated by the applicable represented
organization), including--
(I) organizations representing
certified collective bargaining
representatives of airline pilots; and
(II) the exclusive bargaining
representatives of FAA air traffic
controllers certified under section
7111 of title 5, United States Code.
(iii) Not less than 5 independent subject
matter experts in safety management systems
who--
(I) have not served as a political
appointee in the FAA; and
(II) have a minimum of 10 years of
relevant applied experience.
(iv) Two air carrier employees whose job
responsibilities include administration of a
SMS.
(v) Two individuals representing holders of
a certificate issued under part 21 of title 14,
Code of Federal Regulations, whose job
responsibilities include administration of a
SMS.
(vi) Two other representatives from the
aerospace industry that do not meet the
criteria described in clause (iv) or (v) and
who have expertise in SMS or whose job
responsibilities include administration of a
SMS.
(vii) A representative of the United States
Mission to the ICAO.
(viii) A representative from the National
Transportation Safety Board, as a non-voting
member.
(B) Advisory members.--
(i) In general.--In addition to the
appointed members described in subparagraph
(A), the review panel shall be advised by up to
5 employees of the FAA, at least 3 of whom
shall be subject matter experts in implementing
SMS at the FAA.
(ii) Duties.--The advisory members may take
part in deliberations of the review panel and
provide subject matter expertise with respect
to the review panel's work.
(4) Recommendations.--The review panel shall issue
recommendations to the Administrator based on the review of the
matters listed in paragraph (2) in order to inform the FAA's
implementation of a comprehensive and integrated SMS for lines
of business within the FAA.
(5) Report.--
(A) Submission.--Not later than 180 days after the
date of the first meeting of the review panel, the
review panel shall submit to the Administrator and the
appropriate committees of Congress a report containing
the findings and recommendations regarding the matters
listed in paragraph (2) that are endorsed by a majority
of the appointed members of the review panel.
(B) Dissenting views.--In submitting the report
under subparagraph (A), the review panel shall append
to such report the dissenting views of any individual
appointed member or group of appointed members of the
review panel regarding the findings or recommendations
of the review panel.
(C) Publication.--Not later than 5 days after
receiving the report under subparagraph (A), the
Administrator shall publish such report, including any
dissenting views appended to the report, on the website
of the FAA.
(D) Termination.--The review panel shall terminate
upon the submission of the report under subparagraph
(A).
(6) Administrative provisions.--
(A) Access to information.--
(i) In general.--The review panel shall
have the authority to perform the following
actions if a majority of the appointed members
of the review panel consider each action
necessary and appropriate:
(I) Entering onto the premises of
the FAA for access to and inspection of
records or other purposes.
(II) Notwithstanding any other
provision of law, except as provided in
clause (ii), accessing and inspecting
de-identified, but otherwise
unredacted, records directly necessary
for the completion of the review
panel's work under this section that
are in the possession of the FAA.
(III) Interviewing employees of the
FAA as necessary for the review panel
to complete its work.
(ii) Non-federal government members.--
Members of the review panel who are not
officers or employees of the Federal Government
shall only have access to, and be allowed to
inspect, information provided to the FAA
pursuant to section 40123 of title 49, United
States Code, and part 193 of title 14, Code of
Federal Regulations, in a de-identified form.
(B) Nondisclosure of confidential information.--
(i) Nondisclosure for non-federal
government members.--
(I) Non-federal government
participants.--Prior to participating
on the review panel, each individual
serving on the review panel
representing a non-Federal entity shall
execute an agreement with the
Administrator in which the individual
shall be prohibited from disclosing at
any time, except as required by law, to
any person, foreign or domestic, any
non-public information made available
to the panel under subparagraph (A).
(II) Federal government
participants.--Federal officers or
employees serving on the review panel
as representatives of the Federal
Government and subject to the
requirement to protect confidential
information (including proprietary
information and trade secrets under
section 1905 of title 18, United States
Code) shall not be required to execute
agreements under this clause.
(ii) Protection of information.--
Information that is obtained or reviewed by the
review panel shall not constitute a waiver of
the protections applicable to the information
under section 552 of title 5, United States
Code (commonly referred to as the ``Freedom of
Information Act''). Members of the review panel
shall protect such information to the extent
required under applicable law.
(iii) Protection of proprietary information
and trade secrets.--Members of the review panel
shall protect proprietary information, trade
secrets, and other information otherwise exempt
under section 552 of title 5, United States
Code, to the extent permitted under applicable
law.
(7) Inapplicability of faca.--The review panel shall not be
subject to chapter 10 of title 5, United States Code (commonly
referred to as the ``Federal Advisory Committee Act'').
(8) Congressional briefings.--Not later than 180 days after
the submission of the recommendations under paragraph (4), and
every 90 days thereafter, the Administrator shall report to the
appropriate committees of Congress on the status of any ongoing
actions in response to such recommendations, including the
status of implementation of each of the recommendations of the
review panel, if any, with which the Administrator concurs.
(b) Non-Concurrence With Recommendations.--Not later than 6 months
after submission of the recommendations under subsection (a)(4), with
respect to each recommendation of the review panel with which the
Administrator does not concur, if any, the Administrator shall publish
on the website of the FAA and submit to the appropriate committees of
Congress a detailed explanation for such determination.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(3) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
(4) ICAO.--The term ``ICAO'' means the International Civil
Aviation Organization.
(5) SMS.--The term ``SMS'' means a safety management
system.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
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