FAA SMS Compliance Review Act of 2026

Bill Number

S. 3700

Origin Chamber

Senate

Congress

119th Congress, Session 2

Policy Area

Transportation and Public Works

Status

Introduced

Latest Action

2026-02-12: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

Last Updated

2026-04-07T15:45:06Z

AI-Generated Summary

Purpose of the Legislation

The "FAA SMS Compliance Review Act of 2026" (S. 3700) aims to create an independent expert panel to assess the Federal Aviation Administration's (FAA) safety management system (SMS). An SMS is a structured process for identifying, assessing, and managing safety risks in aviation operations. The goal is to evaluate how well the FAA's current SMS aligns with its own rules and international standards, and to provide recommendations for making it more comprehensive and effective across the agency.

Key Provisions

• Establishment of the Review Panel: Within 60 days of the bill's enactment, the FAA Administrator must form an independent expert panel to review the agency's SMS implementation.
• Scope of Review: The panel will examine:
• Compliance of the FAA's SMS with its internal orders and policies.
• Actual and expected safety improvements from past SMS efforts.
• Effectiveness of SMS core components: safety policy (overall safety commitments), safety risk management (identifying and mitigating risks), safety assurance (monitoring and improving safety), and safety promotion (training and communication on safety).
• How well the FAA's safety culture supports SMS, based on principles from the International Civil Aviation Organization's (ICAO) Safety Management Manual.
• Internal audits, integration across FAA business lines (e.g., air traffic, aviation safety, airports), employee understanding and training, voluntary safety reporting programs, and efficacy in specific FAA offices.
• Potential need for U.S. advocacy to update ICAO standards for air navigation services and regulators.
• Any other safety-related issues the Administrator deems relevant.
• Panel Composition:
• Appointed members (voting): 2 NASA experts, 5 from aviation labor groups (including pilots and air traffic controllers), at least 5 independent SMS experts (with 10+ years of experience and no prior FAA political roles), 2 air carrier SMS administrators, 2 from aircraft manufacturers (part 21 certificate holders), 2 other aerospace reps with SMS expertise, and 1 from the U.S. Mission to ICAO. A National Transportation Safety Board (NTSB) rep serves as non-voting.
• Advisory members: Up to 5 FAA employees, including at least 3 SMS experts, who provide input but do not vote.
• Recommendations and Reporting:
• The panel issues recommendations to the FAA Administrator to support a fully integrated SMS.
• Within 180 days of its first meeting, the panel submits a report with majority-endorsed findings and recommendations to the Administrator and relevant congressional committees (Senate Commerce, Science, and Transportation; House Transportation and Infrastructure). Dissenting views are included.
• The FAA must publish the full report (including dissents) on its website within 5 days.
• The panel terminates after submitting the report.
• FAA Response Requirements:
• The Administrator briefs Congress every 90 days (starting 180 days after recommendations) on actions taken, including implementation of agreed-upon recommendations.
• Within 6 months, for any non-concurred recommendations, the FAA publishes and submits to Congress a detailed explanation.
• Administrative Details:
• The panel has access to FAA premises, de-identified records, and employee interviews (with limits for non-government members on sensitive data).
• Non-government members must sign nondisclosure agreements for confidential info; protections under the Freedom of Information Act (FOIA) remain intact.
• The panel is exempt from the Federal Advisory Committee Act (FACA), which normally governs advisory groups.

Significant Changes to Existing Law

This bill introduces a new, one-time mandate for an external expert review of the FAA's SMS, which is not currently required by law. It does not directly amend existing statutes but could indirectly influence FAA policies by requiring evaluation against internal orders and ICAO standards. It also grants the panel unique access to de-identified FAA records (beyond standard FOIA processes) and exempts it from FACA, streamlining its operations compared to typical advisory bodies.

Potential Impacts

• On Government Agencies: The FAA would face increased scrutiny and accountability for SMS implementation, potentially leading to policy updates, better training, and improved internal audits. This could enhance coordination across FAA divisions like air traffic control and aviation safety. Congress gains ongoing oversight through briefings.
• On Citizens: Air travelers and the public could benefit from safer aviation operations if recommendations strengthen risk management and reporting, reducing accident risks.
• On International Relations: The review may prompt U.S. proposals to update ICAO standards (e.g., for air navigation providers and regulators), influencing global aviation safety norms and fostering international collaboration.

Main Stakeholders Affected

• FAA Employees and Leadership: Directly involved in the review; labor representatives (e.g., pilots, air traffic controllers) ensure worker perspectives are included.
• Aviation Industry: Air carriers, aircraft manufacturers, and aerospace firms provide expertise and may need to adapt to any resulting FAA changes.
• Safety and Oversight Bodies: NASA, NTSB, and ICAO representatives contribute input; voluntary reporting programs could see expanded use.
• Congress and the Public: Committees oversee progress; citizens (especially frequent flyers) indirectly benefit from safety enhancements.
• Labor Organizations: Airline pilots and controllers have dedicated seats on the panel, amplifying their role in safety policy.

Notable Legal, Constitutional, or Political Implications

• Legal: The bill balances transparency (public report and congressional briefings) with confidentiality (nondisclosure for sensitive data, FOIA protections), potentially setting a precedent for expert panels accessing de-identified government records without full waivers. Exemption from FACA avoids bureaucratic delays but raises questions about advisory group independence.
• Constitutional: No direct challenges; it aligns with Congress's authority to oversee executive agencies like the FAA under the Commerce Clause, promoting public safety without infringing on executive functions.
• Political: Sponsored by a bipartisan group of senators focused on aviation safety, the bill emphasizes non-partisan expertise (e.g., barring political appointees from key roles), which could build trust in FAA operations amid public concerns over air travel incidents. It promotes a "safety culture" without mandating specific changes, leaving implementation flexible.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Cantwell, Maria [D-WA]

Cosponsors (7)

Sen. Duckworth, Tammy [D-IL], Sen. Markey, Edward J. [D-MA], Sen. Warner, Mark R. [D-VA], Sen. Shaheen, Jeanne [D-NH], Sen. Klobuchar, Amy [D-MN], Sen. Welch, Peter [D-VT], Sen. Kaine, Tim [D-VA]

Recent Actions

• 2026-02-12: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
• 2026-01-27: Read twice and referred to the Committee on Commerce, Science, and Transportation.
• 2026-01-27: Introduced in Senate

Bill Versions

• FAA SMS Compliance Review Act of 2026 — issued 2026-01-27 — PDF (12 pages)