[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3700 Reported in Senate (RS)]
<DOC>
Calendar No. 562
119th CONGRESS
2d Session
S. 3700
[Report No. 119-143]
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, Ms. Klobuchar, Mr. Welch, and Mr. Kaine) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
September 14, 2026
Reported by Mr. Cruz, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``FAA SMS Compliance Review
Act of 2026''.</DELETED>
<DELETED>SEC. 2. EXPERT COMPLIANCE REVIEW OF FAA SAFETY MANAGEMENT
SYSTEM.</DELETED>
<DELETED> (a) Expert Compliance Review.--</DELETED>
<DELETED> (1) Establishment.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Contents of review.--The review panel shall
review the following:</DELETED>
<DELETED> (A) The extent to which the FAA's SMS
complies with relevant FAA orders and
policies.</DELETED>
<DELETED> (B) The actual and projected safety
enhancements achieved through the FAA's prior
implementation of SMS.</DELETED>
<DELETED> (C) The effectiveness of SMS, including
with respect to the implementation of the following 4
components:</DELETED>
<DELETED> (i) Safety policy.</DELETED>
<DELETED> (ii) Safety risk
management.</DELETED>
<DELETED> (iii) Safety assurance.</DELETED>
<DELETED> (iv) Safety promotion.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (E) The effectiveness of FAA's internal
audit process to determine, at minimum, the performance
of FAA's SMS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) a systems-level approach to
evaluating and improving SMS for air navigation
service providers; and</DELETED>
<DELETED> (ii) the implementation of SMS for
civil aviation regulators.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Composition of review panel.--</DELETED>
<DELETED> (A) Appointed members.--The review panel
shall consist of the following members appointed by the
Administrator:</DELETED>
<DELETED> (i) Two representatives of the
National Aeronautics and Space Administration
with expertise in SMSs.</DELETED>
<DELETED> (ii) Five appropriately qualified
representatives of aviation labor organizations
(designated by the applicable represented
organization), including--</DELETED>
<DELETED> (I) organizations
representing certified collective
bargaining representatives of airline
pilots; and</DELETED>
<DELETED> (II) the exclusive
bargaining representatives of FAA air
traffic controllers certified under
section 7111 of title 5, United States
Code.</DELETED>
<DELETED> (iii) Not less than 5 independent
subject matter experts in safety management
systems who--</DELETED>
<DELETED> (I) have not served as a
political appointee in the FAA;
and</DELETED>
<DELETED> (II) have a minimum of 10
years of relevant applied
experience.</DELETED>
<DELETED> (iv) Two air carrier employees
whose job responsibilities include
administration of a SMS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (vii) A representative of the
United States Mission to the ICAO.</DELETED>
<DELETED> (viii) A representative from the
National Transportation Safety Board, as a non-
voting member.</DELETED>
<DELETED> (B) Advisory members.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Report.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) Termination.--The review panel shall
terminate upon the submission of the report under
subparagraph (A).</DELETED>
<DELETED> (6) Administrative provisions.--</DELETED>
<DELETED> (A) Access to information.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (I) Entering onto the
premises of the FAA for access to and
inspection of records or other
purposes.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (III) Interviewing
employees of the FAA as necessary for
the review panel to complete its
work.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Nondisclosure of confidential
information.--</DELETED>
<DELETED> (i) Nondisclosure for non-federal
government members.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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'').</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Definitions.--In this section:</DELETED>
<DELETED> (1) Administrator.--The term ``Administrator''
means the Administrator of the Federal Aviation
Administration.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) FAA.--The term ``FAA'' means the Federal
Aviation Administration.</DELETED>
<DELETED> (4) ICAO.--The term ``ICAO'' means the
International Civil Aviation Organization.</DELETED>
<DELETED> (5) SMS.--The term ``SMS'' means a safety
management system.</DELETED>
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.--
(i) In general.--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.
(ii) Requirement.--The review panel shall
also take into account the United States'
obligations as a contracting State under the
Convention on International Civil Aviation,
including Article 37 (Adoption of International
Standards and Procedures) and Article 38
(Notification of Differences), and shall
consider compliance with ICAO Annex 19,
including any differences formally filed by the
United States.
(2) Contents of review.--The review panel shall review and
evaluate 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,
including as required by FAA Order 8000.369 and
successor orders through FAA Order 8000.369c.
(C) The effectiveness of FAA's 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
processes 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 applicable lines of
business of the FAA.
(G) The extent to which SMS and each of the 4
components described in subparagraph (C) 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 of the FAA prior to
January 1, 2026, including, but not limited to, the Air
Traffic Organization, the Aviation Safety Organization,
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 and whether there is a need
for globally consistent approaches to State
Safety Program implementation and SMS framework
across ICAO contracting States.
(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;
(II) the exclusive collective
bargaining representatives of FAA air
traffic controllers certified under
section 7111 of title 5, United States
Code; and
(III) the exclusive collective
bargaining representative for aviation
safety inspectors 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) Three 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) One representative from the aerospace
industry who does not meet the criteria
described in clauses (iv) through (v) and has
expertise in SMS or whose job responsibilities
include administration of a SMS.
(vii) A representative of the United States
Mission to the ICAO, as a non-voting member.
(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 at least
\2/3\ 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.
(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 records and information created by
the FAA.
(III) Notwithstanding any other
provision of law, and with the approval
of the Administrator, 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.
(iii) Access to classified information.--
Nothing in this Act shall be construed as
authorizing access to classified information by
any member of the review panel who does not
possess the appropriate level of security
clearance, have a need-to-know, or meet all
other applicable access requirements.
(B) Nondisclosure of non-public 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
applicable Federal 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 Federal 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
Federal 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 report under paragraph (5), 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. The
briefing requirement shall cease to be effective 2 years after
the date of the submission of the report under paragraph (5).
(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.
Calendar No. 562
119th CONGRESS
2d Session
S. 3700
[Report No. 119-143]
_______________________________________________________________________
A BILL
To establish an expert review panel to make recommendations for a
comprehensive agency-wide safety management system at the FAA.
_______________________________________________________________________
September 14, 2026
Reported with an amendment