United States 119th Congress Status: In Committee 8 D cosponsors

S 3700 — FAA SMS Compliance Review Act of 2026

Last action — Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the Senate. Introduced January 27, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Senate.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 26% · moderate confidence

  • In Committee

    Current position in the legislative process.

  • 8 sponsors

    1 primary, 7 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (8 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

321 added · 47 removed

Plain-language change summary

The amendment modifies the language concerning the establishment of an independent expert panel to review the FAA's Safety Management System (SMS). It specifies that the review panel's purpose is to evaluate FAA orders and policies to inform the FAA's implementation of a comprehensive and integrated SMS. This change clarifies the panel's intent and scope, which may affect how the FAA approaches safety management and policy implementation going forward.

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3700 Introduced in Senate (IS)] <DOC> 119th CONGRESS 2d Session S.
3700 Reported in Senate (RS)] <DOC> Calendar No.
3700 To establish an expert review panel to make recommendations for a comprehensive agency-wide safety management system at the FAA.
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.
Shaheen, and Ms.
Shaheen, Ms.
Klobuchar) introduced the following bill;
Klobuchar, Mr.
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.
Welch, and Mr.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
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 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 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.
(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.
(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.
(2) Contents of review.--The review panel shall review the following:
(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:
(B) The actual and projected safety enhancements achieved through the FAA's prior implementation of SMS.
(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 SMS, including with respect to the implementation of the following 4 components:
(C) The effectiveness of FAA's SMS, including with respect to the implementation of the following 4 components:
(E) The effectiveness of FAA's internal audit process to determine, at minimum, the performance of FAA's SMS.
(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 lines of business of the FAA.
(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 so described are understood by, communicated to, and included in training for, personnel at 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 at the FAA including, but not limited to, the Air Traffic Organization, the Aviation Safety Office, and the Office of Airports.
(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.
and (ii) the implementation of SMS for civil aviation regulators.
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.
and (II) the exclusive bargaining representatives of FAA air traffic controllers certified under section of title 5, United States Code.
(II) the exclusive collective 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 (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;
(iv) Two air carrier employees whose job responsibilities include administration of a SMS.
(iv) Three air carrier employees 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.
(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.
(vii) A representative of the United States Mission to the ICAO, as a non-voting member.
(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.
(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.
(I) Entering onto the premises of the FAA for access to and inspection of records or other purposes.
(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 in the possession of the FAA.
(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) Interviewing employees of the FAA as necessary for the review panel to complete its work.
(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.
(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).
(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).
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Members of the review panel shall protect such information to the extent required under applicable law.
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 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.
(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.
(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.
(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.
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.
<all>
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
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What Congress says this changes

S. Rept. 119-143

Published by the reporting committee Not generated — this is the committee's own “Changes in Existing Law Made by the Bill, as Reported”.

The committee states that this bill does not amend existing law. (S. Rept. 119-143)

Source: S. Rept. 119-143 · govinfo

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Commerce, Science, and Transportation.

  3. Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

Sponsors

Sponsorship breakdown

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1 sponsors · 7 co-sponsors · 539 not signed on

Sponsors (1)

Co-sponsors (7)

Not signed on (539)

539 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

transportation
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Frequently asked questions

Who sponsors S 3700?
S 3700 is sponsored by Duckworth, Tammy (Democratic), Markey, Edward J. (Democratic), Warner, Mark R. (Democratic), Shaheen, Jeanne (Democratic), Klobuchar, Amy (Democratic), Welch, Peter (Democratic), Kaine, Tim (Democratic), and Cantwell, Maria (Democratic).
What is the current status of S 3700?
This bill is in committee in the Senate. Introduced January 27, 2026. It must pass committee before a floor vote.
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