The FAA SMS Compliance Review Act of 2026 requires the Administrator to convene an independent expert review panel within 60 days of enactment. The panel will assess FAA-wide SMS implementation, evaluate compliance with orders and policies, and examine the effectiveness of the four SMS components: safety policy, risk management, safety assurance, and safety promotion.
It will also consider the SMS culture, internal audits, training, and voluntary safety reporting programs. The panel's work is designed to inform a comprehensive, integrated SMS across FAA lines of business and to recommend improvements.
At a Glance
What It Does
Establishes an independent review panel within 60 days of enactment to review FAA’s SMS and report findings. The panel evaluates compliance, effectiveness, and integration of SMS components and may propose updates to ICAO-aligned standards.
Who It Affects
FAA leadership and lines of business, aviation labor organizations, airline operators, air carriers, aerospace industry, and the U.S. Mission to the ICAO.
Why It Matters
Creates an evidence-based, independent assessment of how the FAA implements SMS, with concrete recommendations and a public report, shaping safety practices and international alignment.
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What This Bill Actually Does
The act sets up an independent expert panel to examine the FAA’s Safety Management System (SMS) across the agency. The panel must be convened within 60 days of enactment and will review how well the FAA’s SMS aligns with its own orders and policies, as well as its actual safety improvements.
It will specifically evaluate the four core SMS components—safety policy, risk management, safety assurance, and safety promotion—and assess how the agency’s safety culture, internal audits, training, and voluntary safety reporting programs support those components. The panel will also consider how well SMS is integrated across FAA lines of business and whether the ICAO Safety Management Manual principles are reflected in FAA practices, including potential changes to international standards.
The committee will be made up of a mix of NASA SMS experts, aviation labor representatives (including pilots and air traffic controllers), independent SMS experts with at least 10 years of experience, air carrier employees who administer SMS, certificate holders who oversee SMS, other aerospace industry representatives, a US representative to ICAO, and a non-voting NTSB member. Advisory FAA staff may participate to provide subject-matter expertise.Within 180 days of the panel’s first meeting, the panel must issue a majority-endorsed report outlining findings and recommendations.
The Administrator must publish the report on the FAA website, including any dissenting views, and terminate the panel once the report is submitted. The bill also sets robust information-protection rules to safeguard confidential data and requires congressional briefings on progress.
The overall aim is to provide a rigorous, independent assessment that helps the FAA scale a comprehensive, integrated SMS while maintaining data integrity and safety obligations.
The Five Things You Need to Know
The panel must be convened within 60 days of enactment.
The review covers compliance with FAA orders, SMS effectiveness, and four SMS components (policy, risk management, safety assurance, promotion).
The panel’s composition includes NASA SMS experts, aviation labor reps, independent SMS experts, air carriers, part-21 certificate holders, aerospace industry reps, an ICAO mission representative, and a non-voting NTSB member.
The panel must deliver a majority-endorsed report within 180 days of its first meeting and publish it on the FAA website.
The act imposes strict information-protection rules and provides for congressional briefings on progress.
Section-by-Section Breakdown
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Establishment of the independent review panel
The Administrator must convene an independent expert panel no later than 60 days after enactment to review and make findings and recommendations on SMS matters. This panel operates to inform the FAA’s implementation of a comprehensive, integrated SMS and serves as an external check on agency practice.
Contents of the review
The panel will examine FAA SMS compliance with orders and policies, past safety enhancements, and the four SMS components (safety policy, safety risk management, safety assurance, safety promotion). It also evaluates the SMS-related safety culture, internal audits, training, and the effectiveness of voluntary safety reporting programs, including actions taken in response to reports.
Composition of the review panel
The panel includes two NASA representatives with SMS expertise; five aviation labor reps (including pilots and air traffic controllers); at least five independent SMS experts with 10+ years of applied experience; two air carrier SMS administrators; two certificate-holders administering an SMS; two aerospace-industry representatives with SMS expertise; one representative to ICAO; and one NTSB non-voting member. Advisory members from the FAA may assist, including at least three subject-matter experts.
Recommendations
The panel must issue recommendations to the Administrator to inform FAA-wide SMS implementation, based on its review. Recommendations require majority endorsement by appointed members.
Report and publication
Not later than 180 days after the panel’s first meeting, the panel submits a report with endorsed findings and recommendations to the Administrator and Congress. The Administrator must publish the report, including any dissents, on the FAA website within five days of receipt. The panel terminates after submission of the report.
Administrative provisions
The panel may access FAA records and interview personnel, including non-Federal, de-identified data, to complete its work. There are strict nondisclosure rules for non-Federal members and protections for confidential and proprietary information; FOIA protections apply, and non-Federal participants sign confidentiality agreements.
Non-applicability of FACA
The review panel is exempt from the Federal Advisory Committee Act, enabling potentially faster, more flexible operations while still retaining accountability through reporting to Congress and publication of findings.
Congressional briefings
The Administrator must brief the appropriate congressional committees not later than 180 days after the report and provide updates every 90 days thereafter on the status of actions in response to the panel’s recommendations.
Definitions
Defines terms used in the section, including Administrator, FAA, ICAO, SMS, and applicable committees, ensuring clear interpretation for implementation and oversight.
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Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- FAA leadership gains a rigorous, independent input mechanism to drive SMS improvements and alignment with policy and ICAO standards.
- Aviation labor organizations (e.g., pilot and air traffic controller unions) gain formal channels to voice SMS-related concerns and contribute to safety improvements.
- Airlines and aerospace companies benefit from clearer, evidence-based guidance on SMS expectations and potential enhancements to safety culture and reporting practices.
- The international aviation community, via ICAO alignment and advocacy input, benefits from US-official efforts to harmonize SMS standards.
- NTSB gains clearer data context through the panel’s findings without changing its statutory role in investigations.
Who Bears the Cost
- FAA bears administrative and data-sharing costs to support the panel’s work.
- FAA staff time is diverted to provide access to records, coordinate interviews, and support the review.
- Non-Federal panel members incur confidentiality obligations and potential time costs associated with participation.
- Private sector participants face information-protection obligations and potential operational impacts from data requests.
- Ongoing congressional oversight requires sustained engagement and reporting, with associated administrative costs.
Key Issues
The Core Tension
Can an independent expert panel provide credible, actionable recommendations while operating with restricted access to sensitive data and without triggering formal regulatory oversight under FACA, and can the FAA implement those recommendations promptly without compromising data protection and agency autonomy?
The act creates a framework for an independent panel to review the FAA’s SMS, but it depends on the FAA’s willingness to share sensitive records and accept external recommendations. The confidentiality protections and data-privacy requirements are critical to maintain trust and protect proprietary information, yet they may slow access to data necessary for a thorough assessment.
Additionally, the mandate for majority endorsements could result in the dilution of dissenting expert views, and the prohibition on FACA could alter the usual mechanisms used for transparency in advisory activities. Implementation hinges on balancing rigorous, independent analysis with timely, practical reform within the agency’s existing structures.
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