,,ii #aaith ,,congress #b;d ,session ,s4 #cgjj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bg1 #bjbf,ms4 ,cantwell 7for herself1 ,ms4 ,duckworth1 ,mr4 ,markey1 ,mr4 ,warner1 ,mrs4 ,shaheen1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish an expert review panel to make recommendations for a comprehensive agency-wide safety management system at the ,,faa4 #a4 ,short title ,this ,act may be cited as the ,,faa ,,sms ,compliance ,review ,act of #bjbf4 #b4 ,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 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 ,,sms4 7,c7 ,the effectiveness of ,,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 ,,faa's safety culture promotes or fosters the ,,sms consistent with the principles of the ,,icao's ,safety ,management ,manual 7,doc4 #ihei7 or any similar successor document4 7,e7 ,the effectiveness of ,,faa's internal audit process to determine1 at minimum1 the performance of ,,faa's ,,sms4 7,f7 ,the extent to which ,,sms and each of the #d components described in subparagraph 7,c7 are integrated appropriately among and across lines of business of the ,,faa4 7,g7 ,the extent to which ,,sms and each of the #d components so described are understood by1 communicated to1 and included in training for1 personnel at the ,,faa4 7,h7 ,the efficacy of existing ,,sms in place at applicable lines of business at the ,,faa including1 but not limited to1 the ,air ,traffic ,organization1 the ,aviation ,safety ,office1 and the ,office of ,airports4 7,i7 ,the efficacy of the ,,faa's ,voluntary ,safety ,reporting ,programs as part of ,,sms1 including the efficacy of specific voluntary safety reporting programs at applicable lines of business1 and any actions taken by the ,,faa in response to reports filed under such programs4 7,j7 ,whether the ,federal ,government should advocate for changes to ,annex #ai-,safety ,management of the ,,icao 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 ,,sms for civil aviation regulators4 7,k7 ,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 ,five appropriately qualified representatives of aviation labor organizations 7designated by the applicable represented organization71 including-- 7,i7 organizations representing certified collective bargaining representatives of airline pilots2 and 7,,ii7 the exclusive bargaining representatives of ,,faa air traffic controllers certified under section #gaaa of title #e1 ,united ,states ,code4 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 ,two air carrier employees whose job responsibilities include administration of a ,,sms4 7v7 ,two individuals representing holders of a certificate issued under part #ba of title #ad1 ,code of ,federal ,regulations1 whose job responsibilities include administration of a ,,sms4 7vi7 ,two other representatives from the aerospace industry that do not meet the criteria described in clause 7iv7 or 7v7 and who have expertise in ,,sms or whose job responsibilities include administration of a ,,sms4 7vii7 ,a representative of the ,united ,states ,mission to the ,,icao4 7viii7 ,a representative from the ,national ,transportation ,safety ,board1 as a non-voting member4 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 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 appointed members 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 appointed member or group of appointed 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 appointed members of the review panel 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 de-identified1 but otherwise unredacted1 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 required 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 ,congressional briefings ,not later than #ahj days after the submission of the recommendations under paragraph 7#d71 and every #ij days thereafter1 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 determination4 7c7 ,definitions ,in this section3 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 ,,icao ,the term ,,icao means the ,international ,civil ,aviation ,organization4 7#e7 ,,sms ,the term ,,sms means a safety management system4