Bill Summary
The proposed legislation aims to update the Federal Aviation Administration (FAA) type certification process to foster innovation in aviation, particularly for new and novel technologies, such as advanced air mobility systems. Key provisions include:
1. **Transparency Improvements**: The FAA Administrator is required to publish a plan that enhances the type certification process, including the issue paper process, and allows for the use of industry consensus standards, while ensuring aviation safety.
2. **Standard Timelines**: The legislation mandates the establishment of standard expected timelines for critical milestones in the type certification process, improving efficiency and accountability.
3. **Issue Paper Criteria**: It requires the FAA to define specific criteria for determining when issues warrant the creation of issue papers, which are used to clarify compliance with aviation regulations.
4. **Delegation Guidance**: The FAA must update its guidance on delegation authority for type certification to ensure a clear, efficient process while maintaining safety standards.
5. **Support for Innovation**: The bill expresses Congress's intent to support U.S. leadership in the development and safe deployment of advanced air mobility technologies.
Overall, this legislation seeks to streamline regulatory processes, enhance safety, and promote the United States' global leadership in aviation innovation.
Possible Impacts
Here are three examples of how the legislation regarding updates to the FAA type certification process could affect people:
1. **Increased Innovation and New Job Opportunities**:
The legislation aims to streamline the FAA type certification process, making it easier and faster for companies to develop and deploy new aviation technologies, such as advanced air mobility vehicles (e.g., air taxis, drones). As companies innovate and bring new products to market, this can lead to the creation of new job opportunities in the aviation sector, including roles in engineering, manufacturing, and maintenance.
2. **Improved Safety Standards and Public Confidence**:
By requiring the FAA to establish clear criteria for the type certification process and to consider performance-based standards, the legislation could enhance the overall safety of new aviation technologies. This increased focus on safety and transparency may lead to greater public confidence in using innovative air transportation options, encouraging more people to utilize these services and potentially reducing congestion on roads.
3. **Potential Delays and Regulatory Uncertainty**:
While the legislation aims to improve efficiency, there may be initial delays as the FAA implements the new requirements and establishes standard expected timelines for the certification process. This could lead to regulatory uncertainty for companies developing new technologies, as they may face longer wait times for approvals. In the short term, this may hinder some companies' ability to quickly introduce their innovations to the market.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3885 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3885
To provide for updates to the Federal Aviation Administration type
certification process to support development of new and novel
technologies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2026
Mr. Welch (for himself, Mr. Budd, Mr. Curtis, Mr. Lujan, Ms. Lummis,
Mr. Sheehy, Mr. Moran, Mr. Young, and Mr. Padilla) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide for updates to the Federal Aviation Administration type
certification process to support development of new and novel
technologies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Aviation
Innovation and Global Competitiveness Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Transparency of the FAA type certification process.
Sec. 3. Criteria for FAA issue papers.
Sec. 4. FAA delegation guidance.
Sec. 5. Sense of Congress on United States leadership in aviation.
Sec. 6. Rule of construction.
Sec. 7. Definitions.
SEC. 2. TRANSPARENCY OF THE FAA TYPE CERTIFICATION PROCESS.
(a) In General.--To support innovation in aviation and the
development of new and novel technologies and to ensure global
leadership in aviation, not later than 180 days after the date of
enactment of this section, the Administrator shall publish on the
official website of the FAA a publicly available plan for--
(1) improving the issue paper process associated with
applications for a type certificate or supplemental type
certificate under section 44704 of title 49, United States
Code;
(2) determining, in any given certification project, the
maximum extent possible to which an industry consensus standard
can be used as an acceptable means or method of compliance, to
the extent consistent with the public interest in aviation
safety, and in the Administrator's sole discretion;
(3) creating stable policy, to the extent practicable,
regarding subjects that the Administrator determines are
commonly addressed in issue papers, special conditions, special
airworthiness criteria, or findings on equivalent levels of
safety; and
(4) ensuring consideration of performance-based standards
when promulgating requirements applicable to the type
certification of aircraft, aircraft engine, or propeller.
(b) Standard Expected Timelines.--Not later than 270 days after the
date of enactment of this section, and subject to subsection (c), the
Administrator shall amend FAA order 8110.112A (or any successor
document), and shall make conforming amendments to other applicable FAA
orders and related documents, to establish a range of standard expected
timelines for--
(1) achievement of major milestones established in the type
certification process, including the development of issue
papers and memoranda regarding certification basis,
certification plan means of compliance, and equivalent levels
of safety, including the anticipated FAA response time at
applicable stages of the issue paper process;
(2) the amount of time that passes between--
(A) closure of an issue paper that contains a
special condition; and
(B) publication of the respective notice of
proposed rulemaking and final rule regarding such
special condition, if the FAA decides to publish a
proposed special condition;
(3) responses by the Administrator to--
(A) applicant petitions for exemptions; and
(B) applicant proposals setting forth means of
compliance with applicable performance-based design
standards; and
(4) substantive responses by an applicant to the
Administrator's requests for information the Administrator
deems necessary to close out petitions and proposals covered
under paragraph (3).
(c) Exclusion.--Subsection (b) shall not apply with respect to
complex issues that, in the Administrator's sole determination, present
an unsafe condition.
(d) Consultation Requirement.--In carrying out the requirements
under subsections (a) and (b), the Administrator shall consult with--
(1) trade associations and advanced air mobility
stakeholders that represent prior and prospective applicants
for type certificates, including, but not limited to, type
certificates for powered-lift or other aircraft designed for
operation in advanced air mobility use cases;
(2) trade associations and prospective infrastructure
providers that represent airports or vertiports that serve the
aircraft covered where the certification process would require
changes to the infrastructure design of such airports or
vertiports;
(3) the certified bargaining representatives of aviation
safety inspectors, aviation safety specialists, technicians,
and engineers of the Administration; and
(4) any other relevant organizations and stakeholders, as
determined by the Administrator.
(e) Report to Congress.--Not later than 180 days after the
Administrator establishes standard expected timelines under subsection
(b), and annually thereafter, the Administrator, in consultation with
the FAA's Executive Director of the Aircraft Certification Service,
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives, a report on the status of the
implementation of this section, including--
(1) metrics on the FAA's performance in meeting standard
expected timelines under subsection (b);
(2) a description of processes under which the
Administrator reviews internal performance and addresses
deficiencies as needed;
(3) details on any instance where standard expected
timelines were exceeded and changes to staffing levels,
administration, processes, or capabilities that could improve
performance to align with standard expected timelines; and
(4) the Administrator's progress in creating stable policy
with respect to matters commonly covered in issue papers.
SEC. 3. CRITERIA FOR FAA ISSUE PAPERS.
(a) In General.--To support the FAA type certification process, and
therefore innovation in aviation, including the development of new and
novel technologies related to advanced air mobility, and to ensure
global leadership in aviation, not later than 180 days after the date
of enactment of this section, the Administrator shall amend FAA order
8110.112A (or a successor document) and other applicable FAA documents
to--
(1) include specific criteria to be used to determine--
(A) when an issue is so significant that it rises
to the level that it warrants the establishment of an
issue paper; and
(B) which roles within the FAA will be responsible
for evaluating whether each criterion is met;
(2) account for performance-based rule projects that
require issue papers regarding both means and methods of
compliance; and
(3) improve efficiency and timelines by eliminating
recurring issue papers by--
(A) converting stable means of compliance issue
papers into published policy or advisory circulars; and
(B) incorporating stable issue papers for special
conditions, exemptions, equivalent level of safety
findings, and other requirements through annual updates
to product airworthiness standards issued under title
14, Code of Federal Regulations.
(b) Subsequent Orders.--In the event such FAA order 8110.112A is
superseded or canceled, the Administrator shall ensure that the matters
described in paragraphs (1), (2), and (3) of subsection (a) are
included in a subsequent order governing issue papers.
SEC. 4. FAA DELEGATION GUIDANCE.
(a) In General.--Not later than 90 days after the date of enactment
of this section, the Administrator shall publish on the official
website of the FAA updated delegation guidance for type certification
of aircraft and aircraft engines under section 44704(a) of title 49,
United States Code.
(b) Requirements.--The updated delegation guidance required by
subsection (a) shall include each of the following:
(1) Criteria for applicant eligibility for delegation.
(2) Criteria for classification of compliance findings that
are considered routine and those that are considered safety-
critical.
(3) Processes for documentation and management review when
FAA elects not to use authorized representatives of the
Administrator or the applicant to perform routine and type
certification activities.
(4) The extent to which the FAA's implementation of
delegation authority considers how to ensure safety and foster
predictable and routine type certification processes for new
and novel technologies.
(5) The extent to which the FAA's implementation of
delegation authority considers how a type certification
process, as described in paragraph (4), impacts United States
global leadership in the development and production of these
technologies.
SEC. 5. SENSE OF CONGRESS ON UNITED STATES LEADERSHIP IN AVIATION.
In accordance with the Federal Aviation Administration Act of 2024
(Public Law 118-63), it is the Sense of Congress that the United States
should continue its support for advanced air mobility, United States
innovation, and global leadership in the development and safe
deployment of new and novel aviation technologies.
SEC. 6. RULE OF CONSTRUCTION.
Notwithstanding any other provision of law--
(1) the Administrator's establishment of standard expected
timelines or expected ranges of time for certain actions under
section 2(b) shall not create any new legal right that did not
exist on the day before the date of enactment of this Act; and
(2) the Administrator's adherence, or failure to adhere, to
such a timeline or range of time in any given instance shall
not be subject to judicial review.
SEC. 7. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Advanced air mobility.--The term ``advanced air
mobility'' has the meaning given such term in section 951 of
the FAA Reauthorization Act of 2024 (49 U.S.C. 40101 note).
(3) FAA.--The term ``FAA'' means the Federal Aviation
Administration.
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