The U.S. Senate Commerce, Science and Transportation Committee has approved the FAA SMS Compliance Review Act of 2026, a bill aimed at improving the Federal Aviation Administration’s safety management system (SMS). The legislation is led by Senator Maria Cantwell (D-Wash.), Ranking Member of the committee, along with several other senators. It directs the FAA to create an independent expert review panel tasked with making recommendations for a more effective and integrated agency-wide SMS to address safety risks.
Senator Cantwell referenced findings from the National Transportation Safety Board (NTSB) regarding the FAA’s oversight failures related to last year’s fatal mid-air collision near Ronald Reagan Washington National Airport (DCA), stating: “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. 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.”
Senator Tammy Duckworth (D-Ill.) commented on recent aviation incidents: “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. 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.”
Senator Mark Warner (D-Va.) stated: “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. 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.”
“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. Jeanne Shaheen (D-N.H.). "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.”
Senator Peter Welch (D-Vt.) emphasized accountability: "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," he said. "We need to ensure there's independent accountability at the FAA to better identify and fix risks to keep Americans safe in our skies."
FAA Administrator Bedford has expressed support for efforts toward a stronger agency-wide SMS as part of both his confirmation hearing responses and as part of Flight Plan 2026.
According to preliminary NTSB findings after a January 29, 2025 mid-air collision between an Army Black Hawk helicopter and American Airlines flight 5342 at DCA—which resulted in 67 deaths—the FAA did not adequately respond despite having data about more than 15,000 near misses between helicopters and commercial aircraft over three years.
The new expert panel created by this bill will assess both overall SMS effectiveness within key offices such as Air Traffic Organization and Aviation Safety Organization as well as employee voluntary reporting systems highlighted during previous investigative hearings.
A statement from families affected by Flight 5342 reads: “Senator Cantwell has long understood the importance of an effective safety management system at the FAA, and the NTSB’s presentation today underscored why. The record showed that vital safety information existed but was not consistently acted on—reflecting failures in both systems and safety culture. The American people deserve an FAA that identifies risk and acts before tragedy, not after. If a functioning safety management system had been in place, our loved ones might be alive today.”
Tim & Sheri Lilley—parents of first officer Sam Lilley from Flight 5342—noted: “In December, we spoke with FAA Administrator Bedford about his plans… We commend Senator Cantwell’s continued leadership…”
Industry voices also weighed in:
Dr. Javier De Luis (MIT): “Safety Management Systems have proven… This bill helps ensure that…the benefit of…the flying public.”
Dr. Najmedin Meshkati (USC): "I enthusiastically support this legislation…"
Aircraft Mechanics Fraternal Association President Bret Oestreich: “…the entire safety system becomes reliable… Strong oversight [and] protect confidentiality…”
National Air Traffic Controllers Association: “…will result in critical improvements…”
Air Line Pilots Association Captain Jason Ambrosi: “…this important safety program is critical... By including pilots on this independent expert review panel...”
Allied Pilots Association President First Officer Nick Silva: “…it is essential…the agency itself be held…to protect…the flying public."
Southwest Airlines Pilots Association President Captain Jody Reven: “…SWAPA urges Congress…to ensure…the high standards required…”
The model for this review panel follows precedent set by Section 103 of a prior law addressing Boeing aircraft certification issues after two fatal crashes.
Senator Cantwell previously included similar provisions following major incidents involving Alaska Airlines flight 1282 earlier in 2024.
During an April 2024 hearing featuring members who reviewed Boeing's practices, Dr. Meshkati recommended forming a specific expert group focused on evaluating how well SMS principles were implemented within FAAs own operations.
This legislative effort continues Senator Cantwell's history advancing aviation policy reforms such as those enacted under her leadership through measures like the Federal Aviation Administration Reauthorization Act which prioritized hiring air traffic controllers among other changes responding directly or indirectly toward NTSB guidance after significant industry accidents.
The Senate Commerce, Science, and Transportation Committee plays a central role reviewing bills concerning commerce—including transportation—and operates from its office based out of Washington D.C.'s Russell Senate Office Building while working within broader legislative frameworks during congressional sessions.
