WASHINGTON – Today, U.S. Sen. Mark R. Warner (D-VA) along with his colleagues on the Senate Commerce, Science and Transportation Committee passed the FAA SMS Compliance Review Act of 2026. The bill directs the FAA to establish an independent expert review panel to make recommendations for a comprehensive, integrated and effective FAA safety management system (SMS) to better predict, manage and mitigate safety risks across the agency.

“As legislators, we need to do everything in our power to make sure that nothing like last year’s mid-air collision near DCA ever happens again,” said Sen. Warner. “I’m thrilled to see this bill pass out of the Commerce Committee, and I urge my colleagues to swiftly bring this to a vote in the Senate. It is the FAA’s responsibility to keep the flying public safe, and this bill creates a much-needed independent, expert-driven process to identify system-wide safety improvements so that they can be addressed in order to prevent another tragedy.”

In addition to Warner, this bill was sponosred by Sen. Maria Cantwell (D-WA), Ranking Member of the Senate Committee on Commerce, Science and Transportation, Tammy Duckworth (D-IL), Ranking Member of the Subcommittee on Aviation, Space, and Innovation, Ed Markey (D-MA), Jeanne Shaheen (D-NH), Amy Klobuchar (D-MN), Tim Kaine (D-VA), and Peter Welch (D-VT).

“The NTSB has found that the FAA’s weak oversight and failure to act on the safety data it had collected contributed to the tragic mid-air collision near DCA one year ago,” said Sen. Cantwell. “This bill will bring in outside safety experts to recommend how FAA can create an agency-wide Safety Management System that will identify and correct safety risks and prevent future incidents. The bill aligns with NTSB’s call to ensure that FAA’s SMS is effective, employee safety concerns are acted upon, and safety culture at FAA is strengthened.”

“From the deadly DCA crash to the spike in near misses and air traffic control equipment outages, there are too many alarm bells ringing that we must strengthen safety in our aviation system,” said Sen. Duckworth. “It’s the FAA’s job to keep the flying public safe, so it only makes sense that the FAA should be held to the highest standard of safety when it comes to its own policies and procedures. I’m proud that our legislation passed through committee and is now that much closer to ensuring that the FAA is optimizing effectiveness in its work to strengthen aviation safety and protect passengers and crew.”

“Increasingly frequent near-misses and close calls over the last several years—coupled with recent aviation tragedies—are important reminders that we must do more to keep our skies safe, and that all starts at the top with the FAA,”?said Sen. Shaheen.?"By establishing an independent panel of experts to make recommendations for an agency-wide safety management system, our legislation would address long-standing concerns at FAA and help keep the flying public safe. I’m glad to see this important legislation was passed with bipartisan support out of committee.” 

"Families and businesses from Burlington to Seattle rely on the FAA to ensure they reach their destination safely. But missed warning signs and lapses in judgement at the agency have led to unspeakable tragedy and avoidable loss of life—it should never happen again," said Sen. Welch. "We need to ensure there's independent accountability at the FAA to better identify and fix risks to keep Americans safe in our skies."

In his response to the Committee following his nomination hearing, FAA Administrator Bedford expressed support for Ranking Member Cantwell’s longstanding push to ensure a stronger, and more integrated FAA-wide SMS. Administrator Bedford has also expressed support for a stronger FAA SMS as part of FAA’s Flight Plan 2026.

In its preliminary report following the January 29, 2025 mid-air collision near Ronald Reagan Washington National Airport (DCA) between an Army Black Hawk helicopter and a regional commercial jet operating as American Airlines flight 5342 that took the lives of 67 people, the National Transportation Safety Board (NTSB) found the FAA failed to act appropriately in response to safety data pointing to over 15,000 near misses between helicopter and commercial fixed-wing aircraft at DCA during the approximately three-year period leading up to the tragedy.

This has spurred enhanced scrutiny of the efficacy of FAA’s own SMS and whether individual SMS at safety-critical FAA offices – including the Air Traffic Organization and the Aviation Safety Organization – are effective in identifying and correcting safety issues. The expert review panel created by this legislation would examine FAA’s agency-wide SMS as well as the individual SMS of these key FAA offices. The bill would also direct the panel to evaluate the efficacy of FAA employee voluntary safety reporting systems, a key component of a healthy SMS, and a subject highlighted by air traffic controllers during last summer’s NTSB’s investigative hearings on the January 29 mid-air collision, who voiced concerns about their ability to flag safety issues.  

“Safety Management Systems have proven to be an effective tool in aviation, and are now required across the aerospace industry, from airlines to manufacturers. This bill helps ensure that the FAA itself is has an effective SMS that is able to work and interface with its industry counterparts for the benefit of the flying public.” - Dr. Javier De Luis, Lecturer, Department of Aeronautics and Astronautics, Massachusetts Institute of Technology, Organization Designation Authorizations (ODA) Expert Panel Member

"I enthusiastically support this legislation and believe it addresses critical gaps in the FAA's safety management framework. The bill's comprehensive scope reflects a sophisticated understanding of SMS implementation challenges.” - Dr. Najmedin Meshkati, Professor Civil/Environmental Engineering; Industrial and Systems Engineering; USC Aviation Safety and Security Program University of Southern California, Organization Designation Authorizations (ODA) Expert Panel Member

“Frontline aviation maintenance professionals are the backbone of aviation safety. The FAA SMS Compliance Review Act of 2026 reinforces the principle that safety management systems must be trustworthy and dependable for the professionals on the frontlines. When technicians are empowered to report hazards without fear of reprisal, the entire safety system becomes reliable and safer. Strong oversight, protect confidentiality, and a focus on fixing systemic issues—not blaming workers—are essential to a safety culture that truly delivers results.” - Bret Oestreich, National President of Aircraft Mechanics Fraternal Association

"The National Air Traffic Controllers Association (NATCA) thanks Senator Cantwell for introducing the FAA SMS Compliance Review Act of 2026, which, when passed, will result in critical improvements to the FAA’s Safety Management System." - National Air Traffic Controllers Association

"As the frontline operators of our nation’s aviation system, the Allied Pilots Association recognizes that a world-class safety culture must begin at the regulatory level. While the FAA has mandated SMS for airlines and manufacturers, it is essential that the agency itself be held to the same rigorous, data-driven standards. This bill is entirely necessary in ensuring the FAA has the robust internal safety systems necessary to protect the flying public." - First Officer Nick Silva, Allied Pilots Association President

The bill models the successful expert review panel convened due to Section 103 of the 2020 Aircraft Certification, Safety, and Accountability Act, which recommended key safety reforms to FAA and Boeing to strengthen safety culture and aircraft certification and production oversight in the aftermath of the 737 MAX crashes.

“I believe the FAA needs not only a strong workforce strategy to exercise the oversight of the manufacturers to ensure proper implementation of SMS,” said Sen. Cantwell, before asking the panel: “What SMS should the FAA implement in their own house to make sure that they are improving the safety culture and standing up on these important safety measures?”

In response, Dr. Najmedin Meshkati recommended the establishment of a specific expert panel to review the effectiveness of the FAA’s implementation of its own SMS.

The full bill text is here and a section by section is here.

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