PolicyBrief
S. 3866
119th CongressFeb 12th 2026
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.
IN COMMITTEE

This bill mandates updates to the FAA's type certification process to increase transparency, establish clear timelines, refine issue paper criteria, and provide updated guidance on delegation to support new technologies.

Peter Welch
D

Peter Welch

Senator

VT

LEGISLATION

FAA Overhaul Sets New Timelines for Flight Innovation: Clearer Paths for Air Taxis and Next-Gen Tech by 2025

The Federal Aviation Administration (FAA) is getting a major digital-age tune-up. This bill is designed to cut through the bureaucratic fog that often stalls new aviation tech, specifically targeting the 'type certification' process—the rigorous gauntlet every new aircraft must run before it’s allowed to carry passengers. By requiring the FAA to publish a public plan within 180 days and set firm timelines for milestones, the bill aims to turn a notoriously opaque process into something a business owner can actually plan around. Whether it's a startup building electric vertical-takeoff 'air taxis' or a legacy manufacturer tweaking an engine design, the goal is to make the rules of the road clear, predictable, and fast enough to keep the U.S. at the front of the pack.

Clearing the Paperwork Turbulence

If you’ve ever been stuck in a loop of 'we’ll get back to you' while dealing with a government agency, you’ll recognize the problem this bill tackles. Currently, the FAA uses 'issue papers' to flag technical or safety concerns during certification. This bill orders the FAA to stop reinventing the wheel by converting recurring issue papers into permanent, published policy within 180 days. Think of it like a restaurant health inspector who keeps flagging the same sink setup; instead of writing a new memo for every kitchen, the FAA will now be required to just put the standard in the official handbook. For an engineer at a drone delivery startup, this means fewer months spent guessing what the FAA wants and more time actually building safe hardware.

Deadlines with Teeth

One of the biggest shifts here is the introduction of 'Standard Expected Timelines.' Within 270 days, the FAA has to set specific windows for how long they take to respond to petitions and close out safety findings. To keep them honest, the FAA Administrator has to report back to Congress annually with hard metrics on whether they actually hit those dates. If they miss a deadline, they have to explain why and how they’ll fix it. For the person working at a regional airport or a tech hub, these timelines are the difference between a new technology launching next year or being stuck in a filing cabinet for a decade. However, there is a built-in 'safety valve': these timelines don't apply to complex issues that the FAA deems 'unsafe.' While that’s a necessary precaution for public safety, it is the one area where the agency could potentially fall back into old habits of delay if the definition of 'complex' gets stretched.

Delegating the Heavy Lifting

The bill also forces the FAA to update its rules on 'delegation'—which is basically the agency saying, 'We trust your company’s experts to sign off on these routine safety checks so we can focus on the high-risk stuff.' Within 90 days, the FAA must clarify exactly who is eligible for this trust and which findings are 'routine' versus 'safety-critical.' This is a huge deal for U.S. competitiveness. By letting the FAA offload the busywork to qualified representatives, the agency can focus its limited brainpower on the 'new and novel' tech that doesn't fit the old rulebooks. For the average traveler, this means the safety experts are looking at the most dangerous parts of a plane's design, while the routine paperwork moves at the speed of modern business.