,i #aaith ,,congress #b;d ,session ,h4 ,r4 #geec ,,in ,,the ,,house ,,of ,,representatives ,february #ab1 #bjbf,mr4 ,nehls 7for himself1 ,mr4 ,carson1 ,mr4 ,obernolte1 and ,mr4 ,panetta7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure ,a ,,bill ,to provide for updates to the ,federal ,aviation ,administration type certification process to support development of new and novel technologies1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,aviation ,innovation and ,global ,competitiveness ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,transparency of the ,,faa type certification process4,sec4 #c4 ,criteria for ,,faa issue papers4,sec4 #d4 ,,faa delegation guidance4,sec4 #e4 ,sense of ,congress on ,united ,states leadership in aviation4,sec4 #f4 ,rule of construction4,sec4 #g4 ,definitions4 #b4 ,transparency of the ,,faa type certification process 7a7 ,in general ,to support innovation in aviation and the development of new and novel technologies and to ensure global leadership in aviation1 not later than #ahj days after the date of enactment of this section1 the ,administrator shall publish on the official website of the ,,faa a publicly available plan for-- 7#a7 improving the issue paper process associated with applications for a type certificate or supplemental type certificate under section #ddgjd of title #di1 ,united ,states ,code2 7#b7 determining1 in any given certification project1 the maximum extent possible to which an industry consensus standard can be used as an acceptable means or method of compliance1 to the extent consistent with the public interest in aviation safety1 and in the ,administrator's sole discretion2 7#c7 creating stable policy1 to the extent practicable1 regarding subjects that the ,administrator determines are commonly addressed in issue papers1 special conditions1 special airworthiness criteria1 or findings on equivalent levels of safety2 and 7#d7 ensuring consideration of performance-based standards when promulgating requirements applicable to the type certification of aircraft1 aircraft engine1 or propeller4 7b7 ,standard expected timelines ,not later than #bgj days after the date of enactment of this section1 and subject to subsection 7c71 the ,administrator shall amend ,,faa order #haaj4aab;,a 7or any successor document71 and shall make conforming amendments to other applicable ,,faa orders and related documents1 to establish a range of standard expected timelines for-- 7#a7 achievement of major milestones established in the type certification process1 including the development of issue papers and memoranda regarding certification basis1 certification plan means of compliance1 and equivalent levels of safety1 including the anticipated ,,faa response time at applicable stages of the issue paper process2 7#b7 the amount of time that passes between-- 7,a7 closure of an issue paper that contains a special condition2 and 7,b7 publication of the respective notice of proposed rulemaking and final rule regarding such special condition1 if the ,,faa decides to publish a proposed special condition2 7#c7 responses by the ,administrator to-- 7,a7 applicant petitions for exemptions2 and 7,b7 applicant proposals setting forth means of compliance with applicable performance-based design standards2 and 7#d7 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 7#c74 7c7 ,exclusion ,subsection 7b7 shall not apply with respect to complex issues that1 in the ,administrator's sole determination1 present an unsafe condition4 7d7 ,consultation requirement ,in carrying out the requirements under subsections 7a7 and 7b71 the ,administrator shall consult with-- 7#a7 trade associations and advanced air mobility stakeholders that represent prior and prospective applicants for type certificates1 including1 but not limited to1 type certificates for powered-lift or other aircraft designed for operation in advanced air mobility use cases2 7#b7 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 vertiports2 7#c7 the certified bargaining representatives of aviation safety inspectors1 aviation safety specialists1 technicians1 and engineers of the ,administration2 and 7#d7 any other relevant organizations and stakeholders1 as determined by the ,administrator4 7e7 ,report to ,congress ,not later than #ahj days after the ,administrator establishes standard expected timelines under subsection 7b71 and annually thereafter1 the ,administrator1 in consultation with the ,,faa's ,executive ,director of the ,aircraft ,certification ,service1 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 a report on the status of the implementation of this section1 including-- 7#a7 metrics on the ,,faa's performance in meeting standard expected timelines under subsection 7b72 7#b7 a description of processes under which the ,administrator reviews internal performance and addresses deficiencies as needed2 7#c7 details on any instance where standard expected timelines were exceeded and changes to staffing levels1 administration1 processes1 or capabilities that could improve performance to align with standard expected timelines2 and 7#d7 the ,administrator's progress in creating stable policy with respect to matters commonly covered in issue papers4 #c4 ,criteria for ,,faa issue papers 7a7 ,in general ,to support the ,,faa type certification process1 and therefore innovation in aviation1 including the development of new and novel technologies related to advanced air mobility1 and to ensure global leadership in aviation1 not later than #ahj days after the date of enactment of this section1 the ,administrator shall amend ,,faa order #haaj4aab;,a 7or a successor document7 and other applicable ,,faa documents to-- 7#a7 include specific criteria to be used to determine-- 7,a7 when an issue is so significant that it rises to the level that it warrants the establishment of an issue paper2 and 7,b7 which roles within the ,,faa will be responsible for evaluating whether each criterion is met2 7#b7 account for performance-based rule projects that require issue papers regarding both means and methods of compliance2 and 7#c7 improve efficiency and timelines by eliminating recurring issue papers by-- 7,a7 converting stable means of compliance issue papers into published policy or advisory circulars2 and 7,b7 incorporating stable issue papers for special conditions1 exemptions1 equivalent level of safety findings1 and other requirements through annual updates to product airworthiness standards issued under title #ad1 ,code of ,federal ,regulations4 7b7 ,subsequent orders ,in the event such ,,faa order #haaj4aab;,a is superseded or canceled1 the ,administrator shall ensure that the matters described in paragraphs 7#a71 7#b71 and 7#c7 of subsection 7a7 are included in a subsequent order governing issue papers4 #d4 ,,faa delegation guidance 7a7 ,in general ,not later than #ij days after the date of enactment of this section1 the ,administrator shall publish on the official website of the ,,faa updated delegation guidance for type certification of aircraft and aircraft engines under section #ddgjd7;a7 of title #di1 ,united ,states ,code4 7b7 ,requirements ,the updated delegation guidance required by subsection 7a7 shall include each of the following3 7#a7 ,criteria for applicant eligibility for delegation4 7#b7 ,criteria for classification of compliance findings that are considered routine and those that are considered safety-critical4 7#c7 ,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 activities4 7#d7 ,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 technologies4 7#e7 ,the extent to which the ,,faa's implementation of delegation authority considers how a type certification process1 as described in paragraph 7#d71 impacts ,united ,states global leadership in the development and production of these technologies4 #e4 ,sense of ,congress on ,united ,states leadership in aviation ,in accordance with the ,federal ,aviation ,administration ,act of #bjbd 7,public ,law #aah-fc71 it is the sense of ,congress that the ,united ,states should continue its support for advanced air mobility1 ,united ,states innovation1 and global leadership in the development and safe deployment of new and novel aviation technologies4 #f4 ,rule of construction ,notwithstanding any other provision of law-- 7#a7 the ,administrator's establishment of standard expected timelines or expected ranges of time for certain actions under section #b7;b7 shall not create any new legal right that did not exist on the day before the date of enactment of this ,act2 and 7#b7 the ,administrator's adherence1 or failure to adhere1 to such a timeline or range of time in any given instance shall not be subject to judicial review4 #g4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 7#b7 ,advanced air mobility ,the term advanced air mobility has the meaning given such term in section #iea of the ,,faa ,reauthorization ,act of #bjbd 7#di ,u4,s4,c4 #djaja note74 7#c7 ,,faa ,the term ,,faa means the ,federal ,aviation ,administration4