,,ii  #aahth ,,congress  #b;d ,session  
,s4 #digi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,august #a1    
#bjbd,ms4 ,cantwell 7for herself and    
,ms4 ,duckworth7 introduced the         
following bill2 which was read twice and
 referred to the ,committee on          
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to establish an           
independent expert review panel to      
review and make findings and            
recommendations to inform the ,federal  
,aviation ,administration's             
implementation of a comprehensive and   
integrated ,safety ,management ,system  
for all lines of business within the    
,federal ,aviation ,administration1 and 
for other purposes4  #a4 ,short title   
,this ,act may be cited as the ,,faa    
,,sms ,compliance ,review ,act of #bjbd4
  #b4 ,definitions ,in this ,act3 7#a7  
,administrator ,the term ,administrator 
means the ,administrator of the ,federal
 ,aviation ,administration4  7#b7       
,appropriate committees of congress ,the

 term appropriate committees of         
,congress means the ,committee on       
,commerce1 ,science1 and ,transportation
 of the ,senate and the ,committee on   
,transportation and ,infrastructure of  
the ,house of ,representatives4  7#c7   
,,faa ,the term ,,faa means the ,federal
 ,aviation ,administration4  7#d7 ,,sms 
,the term ,,sms means a ,safety         
,management ,system4  #c4 ,expert       
compliance review of ,,faa ,safety      
,management ,system  7a7 ,expert        
compliance review  7#a7 ,establishment  
7,a7 ,in general ,not later than #fj    
days after the date of enactment of this
 section1 the ,administrator shall      
convene an independent expert panel 7in 
this section referred to as the review  
panel7 to review and make findings and  
recommendations on the matters listed in
 paragraph 7#b74  7,b7 ,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 for

 all lines of business within the ,,faa4
  7#b7 ,contents of review ,the review  
panel shall review the following3 7,a7  
,the extent to which the ,,faa's ,,sms  
complies with relevant ,,faa orders and 
policies4  7,b7 ,the actual and         
projected safety enhancements achieved  
through the ,,faa's prior implementation
 of the ,,sms4  7,c7 ,the effectiveness 
of the ,,sms1 including with respect to 
the implementation of the following #d  
components3 7i7 ,safety policy4  7ii7   
,safety risk management4  7iii7 ,safety 
assurance4  7iv7 ,safety promotion4     
7,d7 ,the extent to which the ,,sms and 
each of the #d components described in  
subparagraph 7,c7 are integrated among  
all lines of business of the ,,faa4     
7,e7 ,the extent to which the ,,sms and 
each of the #d components so described  
are understood and communicated to      
personnel at the ,,faa4  7,f7 ,the      
efficacy of the ,,faa's ,voluntary      
,safety ,reporting ,program as part of  
the ,,sms1 including any actions taken  

by the ,,faa in response to reports     
filed under such program4  7,g7 ,whether
 the ,federal ,government should        
advocate for changes to ,annex          
#ai-,safety ,management of the          
,international ,civil ,aviation         
,organization 7in this section referred 
to as ,,icao7 to ensure appropriate     
updates to the ,state ,safety ,program  
standards and recommended practices1    
including-- 7i7 a systems-level approach
 to evaluating and improving ,,sms for  
air navigation service providers2 and   
7ii7 the implementation of the ,,sms for
 civil aviation regulators4  7,h7 ,any  
other matter determined by the          
,administrator for which review by the  
review panel would be consistent with   
the public interest in aviation safety4 
7#c7 ,composition of review panel  7,a7 
,appointed members ,the review panel    
shall consist of the following members  
appointed by the ,administrator3 7i7    
,two representatives of the ,national   
,aeronautics and ,space ,administration 

with expertise in ,s,m,ss4  7ii7 ,three 
appropriately qualified representatives 
of aviation labor organizations1        
designated by the applicable represented
 organization4  7iii7 ,not less than #e 
independent subject matter experts in   
safety management systems who-- 7,i7    
have not served as a political appointee
 in the ,,faa2 and  7,,ii7 have a       
minimum of #aj years of relevant applied
 experience4  7iv7 ,three               
representatives from the aviation       
industry with expertise in safety       
management systems4  7v7 ,a             
representative of the ,united ,states   
,mission to the ,,icao4  7,b7 ,advisory 
members  7i7 ,in general ,in addition to
 the appointed members described in     
subparagraph 7,a71 the review panel     
shall be advised by up to #e employees  
of the ,,faa1 at least #c of whom shall 
be subject matter experts in            
implementing ,,sms at the ,,faa4  7ii7  
,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 work4  7#d7 ,recommendations    
,the review panel shall issue           
recommendations to the ,administrator   
based on the review of the matters      
listed in paragraph 7#b7 in order to    
inform the ,,faa's implementation of a  
comprehensive and integrated ,,sms for  
all lines of business within the ,,faa4 
7#e7 ,report  7,a7 ,submission ,not     
later than #ahj days after the date of  
the first meeting of the review panel1  
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 7#b7 that are       
endorsed by a majority of the review    
panel4  7,b7 ,dissenting views ,in      
submitting the report under subparagraph
 7,a71 the review panel shall append to 
such report the dissenting views of any 
individual member or group of members of

 the review panel regarding the findings
 or recommendations of the review panel4
  7,c7 ,publication ,not later than #e  
days after receiving the report under   
subparagraph 7,a71 the ,administrator   
shall publish such report1 including any
 dissenting views appended to the       
report1 on the website of the ,,faa4    
7,d7 ,termination ,the review panel     
shall terminate upon the submission of  
the report under subparagraph 7,a74     
7#f7 ,administrative provisions  7,a7   
,access to information  7i7 ,in general 
,the review panel shall have the        
authority to perform the following      
actions if a majority of the review     
panel members consider each action      
necessary and appropriate3 7,i7         
,entering onto the premises of the ,,faa
 for access to and inspection of records
 or other purposes4  7,,ii7             
,notwithstanding any other provision of 
law1 except as provided in clause 7ii71 
accessing and inspecting unredacted     
records directly necessary for the      

completion of the review panel's work   
under this section that are in the      
possession of the ,,faa4  7,,iii7       
,interviewing employees of the ,,faa as 
necessary for the review panel to       
complete its work4  7ii7 ,non-,federal  
,government members ,members of the     
review panel who are not officers or    
employees of the ,federal ,government   
shall only have access to1 and be       
allowed to inspect1 information provided
 to the ,,faa pursuant to section #djabc
 of title #di1 ,united ,states ,code1   
and part #aic of title #ad1 ,code of    
,federal ,regulations1 in a             
de-identified form4  7,b7 ,nondisclosure
 of confidential information  7i7       
,nondisclosure for non-,federal         
,government members  7,i7 ,non-,federal 
,government participants ,prior to      
participating on the review panel1 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 time1 except as required by law1 to 
any person1 foreign or domestic1 any    
non-public information made available to
 the panel under subparagraph 7,a74     
7,,ii7 ,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 7including     
proprietary information and trade       
secrets under section #aije of title    
#ah1 ,united ,states ,code7 shall not be
 required to execute agreements under   
this clause4  7ii7 ,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 #eeb of title 
#e1 ,united ,states ,code 7commonly     
referred to as the ,freedom of          
,information ,act74 ,members of the     
review panel shall protect such         

information to the extent permitted     
under applicable law4  7iii7 ,protection
 of proprietary information and trade   
secrets ,members of the review panel    
shall protect proprietary information1  
trade secrets1 and other information    
otherwise exempt under section #eeb of  
title #e1 ,united ,states ,code1 to the 
extent permitted under applicable law4  
7#g7 ,inapplicability of ,,faca ,the    
review panel shall not be subject to    
chapter #aj of title #e1 ,united ,states
 ,code 7commonly referred to as the     
,federal ,advisory ,committee ,act74    
7#h7 ,process improvements ,not later   
than #a year after the submission of the
 recommendations under paragraph 7#d71  
the ,administrator shall report to the  
appropriate committees of ,congress on  
the status of any ongoing actions in    
response to such recommendations1       
including the status of implementation  
of each of the recommendations of the   
review panel1 if any1 with which the    
,administrator concurs4  7b7            

,non-,concurrence with recommendations  
,not later than #f months after         
submission of the recommendations under 
subsection 7a77#d71 with respect to each
 recommendation of the review panel with
 which the ,administrator does not      
concur1 if any1 the ,administrator shall
 publish on the website of the ,,faa and
 submit to the appropriate committees of
 ,congress a detailed explanation for   
such determination1 including if the    
,administrator believes implementation  
of such recommendation would not improve
 aviation safety4  #d4 ,,faa's safety   
risk management processes  7a7 ,in      
general ,not later than #a year after   
the date of enactment of this section1  
the ,administrator shall develop and    
implement effective processes for       
performing root cause analyses to       
identify opportunities for improvement  
in executing the regulatory oversight   
responsibilities of the ,,faa4  7b7     
,briefing ,not later than #cj days after
 the date described in subsection 7a71  

the ,administrator shall brief the      
appropriate committees of ,congress on  
the processes implemented under such    
subsection4  #e4 ,,faa production audits
 ,not later than #f months after the    
date of enactment of this section1 the  
,administrator shall revise the         
production audit procedures of the ,,faa
 to-- 7#a7 provide not more than #g days
 advance notice to a production         
certificate holder or supplier that the 
,,faa will conduct an audit of the      
holder's or supplier's facilities2 and  
7#b7 direct inspectors to audit systemic
 compliance with quality system elements
 identified in section #ba4acg of title 
#ad1 ,code of ,federal ,regulations1 in 
addition to compliance with individual  
requirements of the holder's quality    
system4