119 S3700 RS: FAA SMS Compliance Review Act of 2026 U.S. Senate 2026-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

Short title

This Act may be cited as the

FAA SMS Compliance Review Act of 2026

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.

Short title

This Act may be cited as the

FAA SMS Compliance Review Act of 2026

Expert compliance review of FAA Safety Management System

(a)

Expert compliance review

(1)

Establishment

(A)

In general

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

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

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

Publication

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

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

Protection of information

Protection of proprietary information and trade secrets

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

Definitions

In this section:(1)

Administrator

The term Administrator means the Administrator of the Federal Aviation Administration.(2)

Appropriate committees of congress

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.

September 14, 2026

Reported with an amendment