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.
- Bill Number
- S. 3866
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2026-02-12: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Last Updated
- 2026-03-09T18:39:57Z
AI-Generated Summary
Purpose
The legislation, S. 3866, aims to modernize the Federal Aviation Administration's (FAA) type certification process—the approval process for new aircraft designs, engines, or modifications—to better support the development of innovative and emerging aviation technologies, such as advanced air mobility (e.g., electric vertical takeoff and landing vehicles or eVTOLs). It seeks to enhance transparency, efficiency, and predictability in the process while maintaining aviation safety and promoting U.S. global leadership in aviation.
Key Provisions
The bill outlines updates to FAA procedures through three main sections:
- Transparency of the FAA Type Certification Process (Sec. 2):
- Requires the FAA Administrator to publish a public plan within 180 days of enactment, focusing on improving the "issue paper" process (documents used to address novel safety issues during certification), maximizing use of industry consensus standards where safe, creating stable policies for common issues, and incorporating performance-based standards (flexible rules based on outcomes rather than rigid specs).
- Mandates amendments to FAA Order 8110.112A (or successor) within 270 days to set standard expected timelines for certification milestones, such as issue paper development, responses to exemptions or compliance proposals, and rule publication after special conditions (additional safety rules for novel designs). Excludes complex safety issues.
- Requires consultation with industry stakeholders, airports, labor representatives, and others.
- Directs annual reports to Congress on implementation, performance metrics, and improvements.
- Criteria for FAA Issue Papers (Sec. 3):
- Within 180 days, amend FAA Order 8110.112A and related documents to define when an issue warrants an issue paper, specify FAA roles in evaluation, account for performance-based rules, and reduce redundant papers by converting stable ones into published policies, advisory circulars (guidance documents), or annual updates to airworthiness standards (safety regulations in the Code of Federal Regulations).
- FAA Delegation Guidance (Sec. 4):
- Within 90 days, publish updated online guidance for delegating certification tasks to industry representatives (e.g., Organization Designation Authorization or ODA holders).
- Guidance must cover eligibility criteria for delegation, classification of routine vs. safety-critical tasks, processes for when FAA retains oversight, and how delegation supports safety, predictability for new technologies, and U.S. global competitiveness.
Significant Changes to Existing Law
- The bill does not amend statutes like 49 U.S.C. § 44704 (which governs type certification) but targets administrative FAA orders and processes, such as Order 8110.112A, to introduce mandatory timelines, criteria, and delegation updates—changes not previously required by law.
- It shifts toward greater use of performance-based standards and industry consensus where possible, potentially reducing reliance on custom "special conditions" or exemptions for novel technologies.
- Establishes reporting and consultation requirements, ensuring ongoing oversight and stakeholder input, which formalizes previously discretionary practices.
Potential Impacts
- Government Agencies: The FAA will face new deadlines for procedural updates, reporting, and consultations, potentially increasing administrative workload initially but improving long-term efficiency and internal performance tracking. This could lead to better resource allocation for certifying innovative aircraft.
- Citizens: May accelerate access to safer, more advanced aviation options like urban air mobility, enhancing transportation choices while upholding safety standards; indirect benefits include economic growth from aviation innovation.
- International Relations: Strengthens U.S. leadership in global aviation by streamlining certification for emerging technologies, potentially influencing international standards and export competitiveness against rivals like China in eVTOL and drone markets.
Main Stakeholders Affected
- FAA and Its Employees: Directly tasked with implementation; certified bargaining representatives (unions for inspectors, engineers, etc.) must be consulted.
- Aviation Industry: Manufacturers and applicants for type certificates (e.g., companies developing powered-lift or advanced air mobility aircraft) benefit from faster, more predictable processes.
- Trade Associations and Infrastructure Providers: Groups representing aircraft developers, airports, and vertiports (vertical takeoff/landing facilities) involved in consultations and process improvements.
- Congress: Receives annual reports for oversight.
- Broader Public and Innovators: Prospective entrants in new aviation technologies gain support for innovation without compromising safety.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces FAA's discretionary authority (e.g., in determining safety exclusions or delegation) under existing statutes, while mandating procedural transparency to reduce litigation risks from delays in certification. No direct challenges to airworthiness standards, but emphasizes converting ad-hoc findings into stable regulations, potentially streamlining future rulemaking.
- Constitutional: Aligns with Congress's commerce clause authority over aviation regulation; no apparent free speech, due process, or federalism issues, as it focuses on internal agency processes.
- Political: Bipartisan sponsorship (introduced by Sens. Welch, Budd, et al.) signals broad support for aviation innovation, particularly in advanced air mobility, amid growing interest in electric and autonomous flight. Could influence future FAA reauthorizations by addressing industry complaints about certification bottlenecks, promoting economic competitiveness without weakening safety oversight.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (8)
Sen. Budd, Ted [R-NC], Sen. Curtis, John R. [R-UT], Sen. Luján, Ben Ray [D-NM], Sen. Lummis, Cynthia M. [R-WY], Sen. Sheehy, Tim [R-MT], Sen. Moran, Jerry [R-KS], Sen. Young, Todd [R-IN], Sen. Padilla, Alex [D-CA]
Recent Actions
- 2026-02-12: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- 2026-02-12: Introduced in Senate
Bill Versions
- To provide for updates to the Federal Aviation Administration type certification process to support development of new and novel technologies, and for other purposes. — issued 2026-02-12 — PDF (8 pages)