H. R. 133—1155 
(iii) whether a fixed time beyond which a type 
certificate may not be amended would improve aviation 
safety. 
(D) Establish the extent to which the following design 
characteristics should preclude the issuance of an amended 
type certificate: 
(i) A new or revised flight control system. 
(ii) Any substantial changes to aerodynamic sta-
bility resulting from a physical change that may 
require a new or modified software system or control 
law in order to produce positive and acceptable stability 
and handling qualities. 
(iii) A flight control system or augmented software 
to maintain aerodynamic stability in any portion of 
the flight envelope that was not required for a pre-
viously certified derivative. 
(iv) A change in structural components (other than 
a stretch or shrink of the fuselage) that results in 
a change in structural load paths or the magnitude 
of structural loads attributed to flight maneuvers or 
cabin pressurization. 
(v) A novel or unusual system, component, or other 
feature whose failure would present a hazardous or 
catastrophic risk. 
(E) Develop objective criteria for helping to determine 
what constitutes a substantial change and a significant 
change. 
(F) 
Implement 
mandatory 
aircraft-level 
reviews 
throughout the certification process to validate the certifi-
cation basis and assumptions. 
(G) Require maintenance of relevant records of agree-
ments between the FAA and an applicant that affect certifi-
cation documentation and deliverables. 
(H) Ensure appropriate documentation of any exception 
or exemption from airworthiness requirements codified in 
title 14 of the Code of Federal Regulations, as in effect 
on the date of application for the change. 
(4) GUIDANCE MATERIALS.—The Administrator shall con-
sider the following when developing orders and regulatory guid-
ance, including advisory circulars, where appropriate: 
(A) Early FAA involvement and feedback paths in the 
aircraft certification process to ensure the FAA is aware 
of changes to design assumptions and product design 
impacting a changed product assessment. 
(B) Presentation to the FAA of new technology, novel 
design, or safety critical features or systems, initially and 
throughout the certification process, when development and 
certification prompt design or compliance method revision. 
(C) Examples of key terms used for the changed 
product process under sections 21.19 and 21.101 of title 
14, Code of Federal Regulations. 
(D) Type certificate data sheet improvements to 
accurately state which regulations and amendment level 
the aircraft complies to and when compliance is limited 
to a subset of the aircraft. 
(E) Policies to guide applicants on proper visibility, 
clarity, and consistency of key design and compliance
H. R. 133—1156 
information that is submitted for certification, particularly 
with new design features. 
(F) The creation, validation, and implementation of 
analytical tools appropriate for the analysis of complex 
system for the FAA and applicants. 
(G) Early coordination processes with the FAA for the 
functional hazard assessments validation and preliminary 
system safety assessments review. 
(5) TRAINING MATERIALS.—The Administrator shall— 
(A) develop training materials for establishing the cer-
tification basis for changed aeronautical products pursuant 
to section 21.101 of title 14, Code of Federal Regulations, 
applications for a new type certificate pursuant to section 
21.19 of such title, and the regulatory guidance developed 
as a result of the rulemaking conducted pursuant to para-
graph (2); and 
(B) procedures for disseminating such materials to 
implementing personnel of the FAA, designees, and 
applicants. 
(6) CERTIFICATION MANAGEMENT TEAM DEFINED.—In this 
section, the term ‘‘Certification Management Team’’ means the 
team framework under which the FAA, the European Aviation 
Safety Agency, the Transport Canada Civil Aviation, and the 
National Civil Aviation Agency of Brazil, manage the technical, 
policy, certification, manufacturing, export, and continued air-
worthiness issues common among the 4 authorities. 
(7) DEADLINE.—The Administrator shall finalize the actions 
initiated under paragraph (2) not later than 3 years after 
the date of enactment of this title. 
(c) INTERNATIONAL LEADERSHIP.—The Administrator shall exer-
cise leadership within the ICAO and among other civil aviation 
regulators representing states of aircraft design to advocate for 
the adoption of an amended changed product rule on a global 
basis, consistent with ICAO standards. 
SEC. 118. WHISTLEBLOWER PROTECTIONS. 
Section 42121 of title 49, United States Code, is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) PROHIBITED DISCRIMINATION.—A holder of a certificate 
under section 44704 or 44705 of this title, or a contractor, subcon-
tractor, or supplier of such holder, may not discharge an employee 
or otherwise discriminate against an employee with respect to com-
pensation, terms, conditions, or privileges of employment because 
the employee (or any person acting pursuant to a request of the 
employee)— 
‘‘(1) provided, caused to be provided, or is about to provide 
(with any knowledge of the employer) or cause to be provided 
to the employer or Federal Government information relating 
to any violation or alleged violation of any order, regulation, 
or standard of the Federal Aviation Administration or any 
other provision of Federal law relating to aviation safety under 
this subtitle or any other law of the United States; 
‘‘(2) has filed, caused to be filed, or is about to file (with 
any knowledge of the employer) or cause to be filed a proceeding 
relating to any violation or alleged violation of any order, regu-
lation, or standard of the Federal Aviation Administration or
H. R. 133—1157 
any other provision of Federal law relating to aviation safety 
under this subtitle or any other law of the United States; 
‘‘(3) testified or is about to testify in such a proceeding; 
or 
‘‘(4) assisted or participated or is about to assist or partici-
pate in such a proceeding.’’; 
(2) by striking subsection (d) and inserting the following: 
‘‘(d) NONAPPLICABILITY
TO
DELIBERATE
VIOLATIONS.—Sub-
section (a) shall not apply with respect to an employee of a holder 
of a certificate issued under section 44704 or 44705, or a contractor 
or subcontractor thereof, who, acting without direction from such 
certificate-holder, contractor, or subcontractor (or such person’s 
agent), deliberately causes a violation of any requirement relating 
to aviation safety under this subtitle or any other law of the 
United States.’’; and 
(3) by striking subsection (e) and inserting the following: 
‘‘(e) CONTRACTOR DEFINED.—In this section, the term ‘con-
tractor’ means— 
‘‘(1) a person that performs safety-sensitive functions by 
contract for an air carrier or commercial operator; or 
‘‘(2) a person that performs safety-sensitive functions 
related to the design or production of an aircraft, aircraft 
engine, propeller, appliance, or component thereof by contract 
for a holder of a certificate issued under section 44704.’’. 
SEC. 119. DOMESTIC AND INTERNATIONAL PILOT TRAINING. 
(a) IN GENERAL.—Chapter 447 of title 49, United States Code, 
as amended by section 107, is further amended by adding at the 
end the following: 
‘‘§ 44743. Pilot training requirements 
‘‘(a) IN GENERAL.— 
‘‘(1) ADMINISTRATOR’S DETERMINATION.—In establishing any 
pilot training requirements with respect to a new transport 
airplane, the Administrator of the Federal Aviation Administra-
tion shall independently review any proposal by the manufac-
turer of such airplane with respect to the scope, format, or 
minimum level of training required for operation of such air-
plane. 
‘‘(2) ASSURANCES
AND
MARKETING
REPRESENTATIONS.— 
Before the Administrator has established applicable training 
requirements, an applicant for a new or amended type certifi-
cate for an airplane described in paragraph (1) may not, with 
respect to the scope, format, or magnitude of pilot training 
for such airplane— 
‘‘(A) make any assurance or other contractual commit-
ment, whether verbal or in writing, to a potential purchaser 
of such airplane unless a clear and conspicuous disclaimer 
(as defined by the Administrator) is included regarding 
the status of training required for operation of such air-
plane; or 
‘‘(B) provide financial incentives (including rebates) to 
a potential purchaser of such airplane regarding the scope, 
format, or magnitude of pilot training for such airplane. 
‘‘(b) PILOT RESPONSE TIME.—Beginning on the day after the 
date on which regulations are issued under section 119(c)(6) of 
the Aircraft Certification, Safety, and Accountability Act, the
H. R. 133—1158 
Administrator may not issue a new or amended type certificate 
for an airplane described in subsection (a) unless the applicant 
for such certificate has demonstrated to the Administrator that 
the applicant has accounted for realistic assumptions regarding 
the time for pilot responses to non-normal conditions in designing 
the systems and instrumentation of such airplane. Such assump-
tions shall— 
‘‘(1) be based on test data, analysis, or other technical 
validation methods; and 
‘‘(2) account for generally accepted scientific consensus 
among experts in human factors regarding realistic pilot 
response time. 
‘‘(c) DEFINITION.—In this section, the term ‘transport airplane’ 
means a transport category airplane designed for operation by 
an air carrier or foreign air carrier type-certificated with a pas-
senger seating capacity of 30 or more or an all-cargo or combi 
derivative of such an airplane.’’. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 447 
of title 49, United States Code, is further amended by adding 
at the end the following: 
‘‘44743. Pilot training requirements.’’. 
(c) EXPERT SAFETY REVIEW.— 
(1) IN GENERAL.—Not later than 30 days after the date 
of enactment of this title, the Administrator shall initiate an 
expert safety review of assumptions relied upon by the Adminis-
tration and manufacturers of transport category aircraft in 
the design and certification of such aircraft. 
(2) CONTENTS.—The expert safety review required under 
paragraph (1) shall include— 
(A) a review of Administration regulations, guidance, 
and directives related to pilot response assumptions relied 
upon by the FAA and manufacturers of transport category 
aircraft in the design and certification of such aircraft, 
and human factors and human system integration, particu-
larly those related to pilot and aircraft interfaces; 
(B) a focused review of the assumptions relied on 
regarding the time for pilot responses to non-normal condi-
tions in designing such aircraft’s systems and instrumenta-
tion, including responses to safety-significant failure condi-
tions and failure scenarios that trigger multiple, and pos-
sibly conflicting, warnings and alerts; 
(C) a review of human factors assumptions with 
applicable operational data, human factors research and 
the input of human factors experts and FAA operational 
data, and as appropriate, recommendations for modifica-
tions to existing assumptions; 
(D) a review of revisions made to the airman certifi-
cation standards for certificates over the last 4 years, 
including any possible effects on pilot competency in basic 
manual flying skills; 
(E) consideration of the global nature of the aviation 
marketplace, varying levels of pilot competency, and dif-
ferences in pilot training programs worldwide; 
(F) a process for aviation stakeholders, including pilots, 
airlines, inspectors, engineers, test pilots, human factors