- The Democratic majority on the House Transportation Committee released the results of their 18-month investigation into the Boeing 737 MAX 8 crashes.
- It has been described as the most comprehensive report yet that looks the roles Boeing and the Federal Aviation Administration (FAA) played.
- Among other information, the inquiry found that Boeing prioritized profit over public safety and that the FAA provided “grossly insufficient oversight.”
- The report comes as the FAA is expected to recertify the MAX 8 to fly within just a few months.
House Committee Report
A sweeping Congressional investigation released Wednesday directly blamed Boeing and the Federal Aviation Administration (FAA) for two 737 MAX 8 planes that crashed within five months of each other, killing 346.
The inquiry, which was released by the Democratic majority on the House Transportation Committee, has been described as the most comprehensive report yet regarding the role both Boeing and the FAA played in certifying the plane that caused two fatal crashes.
In October 2018, a MAX 8 operated by Lion Air crashed off the coast of Indonesia resulting in the death of 189 people. Then, in March 2019, another MAX 8 operated by Ethiopian Airlines crashed outside of Addis Ababa, killing all 157 people on board.
Drawing from interviews with two dozen Boeing and FAA employees and around 600,000 pages of records, the findings of the committee’s 18-month investigation paint a grim picture of the numerous issues with the development and certification of the MAX 8, and specifically, the software system faulted with bringing both planes down.
The Maneuvering Characteristics Augmentation System (MCAS) was designed to automatically correct the level the plane was flying at to prevent it from stalling and falling out of the sky. However, investigations found that on both the Lion Air and Ethiopian Airlines flights, MCAS had pushed the planes’ noses down at a dangerous angle.
When the pilots tried to stabilize, the system kept pushing them down again and again until they eventually went into uncontrollable nose-dives and crashed. Further complicating matters was the fact that after the first crash, numerous pilots came forward and said they were never told about MCAS, were not trained on it, and that it had been left out of their flight manuals.
Five Key Themes
In their report, the Democrats explicitly state that the crashes were “the horrific culmination of a series of faulty technical assumptions by Boeing’s engineers, a lack of transparency on the part of Boeing’s management, and grossly insufficient oversight by the FAA.”
To illustrate their findings, the committee outlined five overarching themes that they say ultimately lead to such fundamental problems with the MAX 8’s design, construction, and certification.
The first theme is “Production Pressure.” Here the inquiry notes that there was significant financial pressure on Boeing to quickly build and certify the MAX 8 because the model was designed to compete with a new line of planes being developed by their biggest rival, Airbus.
This, the committee says, led Boeing to prioritize cost-cutting, production goals, and maintaining their schedule to meet certification deadlines over public safety.
The second theme the report outlines is “Faulty Design and Performance Assumptions.” Specifically, it says that Boeing made “fundamentally faulty assumptions about critical technologies on the 737 MAX, most notably with MCAS.”
The committee then goes on to list a handful of examples, like the fact that MCAS relied on only one sensor, so if that censor failed — as it did during both the crashes — it could cause MCAS to engage when it should not. It also says Boeing expected that pilots would be able to deal with that malfunction even though they did not know the system even existed.
Notably, the report claims that Boeing “failed to classify MCAS as a safety-critical system, which would have attracted greater FAA scrutiny during the certification process,” and that “the operation of MCAS also violated Boeing’s own internal design guidelines” regarding interactions with piloting and interfering in dive recovery.
The overarching problem the inquiry flagged was “Culture of Concealment.”
“In several critical instances, Boeing withheld crucial information from the FAA, its customers, and 737 MAX pilots,” it stated before going to provide examples.
In addition to the fact that Boeing did not tell pilots about MCAS, the company also failed to disclose that a crucial safety feature was “inoperable on the vast majority of the 737 MAX fleet, despite having been certified as a standard aircraft feature.”
The safety feature in question informed pilots if the sensors that activated MCAS were feeding the system incorrect data, which is what happened in both the Lion Air and Ethiopian Airlines flights.
The investigation also found that Boeing concealed a flight simulation where it took a test pilot more than 10 seconds to respond to an unwanted MCAS activation — “a condition the pilot found to be ‘catastrophic’” — given the fact that federal guidelines assumed pilots would respond to massive system problems of that nature within four seconds.
While the report does note that Boeing was not legally required to disclose these things to the FAA or its customers, it still argued that it was “inconceivable and inexcusable that Boeing withheld this information from them.”
Under the fourth theme, “Conflicted Representation,” the committee reported that “the FAA’s current oversight structure with respect to Boeing creates inherent conflicts of interest that have jeopardized the safety of the flying public.”
It goes on to note several documented instances where Authorized Representatives, which are Boeing employees who were given the ability to act on behalf of the FAA and certify that some of the plane’s designs meet the agency’s requirements, “failed to disclose important information to the FAA that could have enhanced the safety of the 737 MAX aircraft.”
The inquiry also states that some of the concerns raised internally by those representatives that were not relayed to the FAA, not investigated, or dismissed by Boeing employees involved the same issues with MCAS that caused both the Lion Air and Ethiopian Airlines crashes.
The final theme the committee put forward in their report was “Boeing’s Influence Over the FAA’s Oversight Structure.”
There, the investigation found multiple instances documented by FAA officials where “FAA technical and safety experts determined that certain Boeing design approaches on its transport category aircraft were potentially unsafe and failed to comply with FAA regulations, only to have FAA management overrule them and side with Boeing instead.”
The last theme is extremely important in understanding both how Boeing got into this debacle and how the industry can move forward.
For years, the FAA — at the direction of Congress — has been giving more and more regulatory oversight powers to plane manufacturers like Boeing. That has been a win-win for both the FAA and Boeing.
The FAA is a government agency with very limited resources, so giving Boeing more authority over day-to-day safety assessments lets them focus their energy on the bigger picture safety aspects of the certification process.
For Boeing, which has lobbied Congress in favor of these practices, it cuts back a ton of red tape so they can speed up the certification of their planes and compete with foreign rivals like Airbus.
Both the FAA and plane manufacturers have said they are using this cooperation to make planes safer, but watchdog groups and unions have repeatedly expressed concerns that letting manufacturers self-regulate too much could compromise safety and allow plane manufacturers to act in their own self-interest.
Those concerns grew during the aftermath of the MAX 8 crashes and the mounting evidence from investigations and hearings. While the House committee’s report does not provide many new pieces of bombshell information, many believe it is the necessary first step in crafting legislation to better regulate the aerospace industry.
In a statement with the release of the inquiry’s findings, Rep. Peter DeFazio (D-Or.), who chairs the House Transportation Committee, said it was “mind-boggling” that “both FAA and Boeing came to the conclusion that the certification of the Max was compliant.”
“The problem is it was compliant and not safe. And people died,” he said, adding that it is “clear evidence that the current regulatory system is fundamentally flawed and needs to be repaired.”
“This is a tragedy that never should have happened. It could have been prevented and we’re going to take steps in our legislation to see that it never happens again as we reform the system.”
While the Senate Commerce Committee is set to consider a bill this week to strengthen the airplane certification process, House Republicans on the Transportation Committee did not endorse the investigative report.
In a statement regarding the Democrat’s report, the committee’s ranking member Rep. Sam Graves (R-Mo.) criticized Democrats for an investigation that “began by concluding that our system was broken and worked backwards from there.”
“If aviation and safety experts determine that areas in the FAA’s processes for certifying aircraft and equipment can be improved, then Congress will act,” he added.
But Congress may be running out of time.
“The report was issued as the F.A.A. appeared close to lifting its grounding order for the Max after test flights this summer. F.A.A. clearance could lead aviation authorities elsewhere to follow suit and allow the plane to fly again as soon as this winter,” The New York Times noted in its coverage of the committee’s report on Wednesday
Boeing has been doing a lot of work to update the problems with the plane and make it flyable. However, there are still many concerns as to whether or not lawmakers, airlines, and customers should still trust the company to fix the flawed aircraft without an overhaul to the regulatory system — especially given all the flaws in the certification system that so many investigations have revealed.
See what others are saying: (The New York Times) (NPR) (The Seattle Times)
Katie Couric Says She Edited Ruth Bader Ginsburg Quote About Athletes Kneeling During National Anthem
Couric said she omitted part of a 2016 interview in order to “protect” the justice.
Kate Couric Edited Quote From Justice Ginsburg
In her upcoming book, journalist Katie Couric admitted to editing a quote from Supreme Court Justice Ruth Bader Ginsberg in 2016 in order to “protect” Ginsberg from potential criticism.
Couric interviewed the late justice for an article in Yahoo News. During their discussion, she asked Ginsburg about her thoughts on athletes like Colin Kaepernick kneeling for the national anthem to protest racial inequality.
“I think it’s really dumb of them,” Ginsburg is quoted saying in the piece. “Would I arrest them for doing it? No. I think it’s dumb and disrespectful. I would have the same answer if you asked me about flag burning. I think it’s a terrible thing to do, but I wouldn’t lock a person up for doing it. I would point out how ridiculous it seems to me to do such an act.”
According to The Daily Mail and The New York Post, which obtained advance copies of Couric’s book “Going There,” there was more to Ginsburg’s response. Couric wrote that she omitted a portion where Ginsburg said the form of protest showed a “contempt for a government that has made it possible for their parents and grandparents to live a decent life…Which they probably could not have lived in the places they came from.“
Couric Says She Lost Sleep Making Choice
“As they became older they realize that this was youthful folly,” Ginsberg reportedly continued. “And that’s why education is important.“
According to The Daily Mail, Couric wrote that the Supreme Court’s head of public affairs sent an email asking to remove comments about kneeling because Ginsburg had misspoken. Couric reportedly added that she felt a need to “protect” the justice, thinking she may not have understood the question. Couric reached out to her friend, New York Times reporter David Brooks, regarding the matter and he allegedly likewise believed she may have been confused by the subject.
Couric also wrote that she was a “big RBG fan” and felt her comments were “unworthy of a crusader for equality.” Because she knew the remarks could land Ginsburg in hot water, she said she “lost a lot of sleep” and felt “conflicted” about whether or not to edit them out.
Couric was trending on Twitter Wednesday and Thursday as people questioned the ethics behind her choice to ultimately cut part of the quote. Some thought the move showed a lack of journalistic integrity while others thought revealing the story now harmed Ginsburg’s legacy.
See what others are saying: (New York Post) (The Daily Mail) (Insider)
Biden Administration Orders ICE To Halt Workplace Raids
The Department of Homeland Security will now focus on targeting employers who exploit undocumented workers, instead of carrying out raids that dissuade those workers from reporting labor violations.
DHS Reverses Worksite Raid Policy
The Biden administration announced Tuesday that it was ordering Immigration and Customs Enforcement (ICE) to stop workplace raids.
The move marks a reversal from Trump administration policies that have been strongly criticized by immigration activists who argue the efforts created fear in immigrant communities and dissuaded them from reporting labor violations or exploitative employment practices.
In addition to stopping the raids, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas said in a memo that the administration will refocus enforcement efforts to instead target “employers who exploit unauthorized workers, conduct illegal activities or impose unsafe working conditions.”
Mayorkas added that the immigration agencies housed in DHS will have the next 60 days to identify harmful existing policies and come up with new ones that provide better deportation protections for workers who report their employers.
In the Tuesday memo, the secretary argued that shift of focus will “reduce the demand for illegal employment by delivering more severe consequences to exploitative employers” and “increase the willingness of workers to report violations of law by exploitative employers and cooperate in employment and labor standards investigation.”
Labor Market Implications
The new policy comes at a time when the U.S. is experiencing a critical labor shortage, including in many sectors that rely on immigrant labor.
Some companies that use undocumented workers pay them wages that are far below the market rate, which is not only exploitative but also undercuts competitors.
According to Mayorkas, the pivot to employer-based enforcement will help protect American businesses.
“By exploiting undocumented workers and paying them substandard wages, the unscrupulous employers create an unfair labor market,” he said in the memo. “They also unfairly drive down their costs and disadvantage their business competitors who abide by the law.”
It is currently unclear how effective the new efforts will be, but historical precedent does not paint an optimistic picture.
The Biden administration’s efforts closely mirror a similar move by the Obama administration, which attempted to reverse workplace raids authorized under President George W. Bush by targetting those who employ undocumented workers rather than the workers themselves.
That effort, however, still led to thousands of undocumented workers being fired.
See what others are saying: (The Washington Post) (The New York Times) (ABC News)
Mom Charged for Hosting Secret Teen Parties, Pressuring Kids To Drink and Engage in Sex Acts
Investigators said some of the sex acts between teens were non-consensual and at times took place while the mother stood by laughing.
Mother Hit With Dozens of Charges
A California mother is facing 39 criminal charges after hosting a series of illegal parties for her teenage son and his mostly 14- and 15-year-old friends that regularly led to dangerous accidents and sexual assaults.
The mother, 47-year-old Shannon O’Connor, also known as Shannon Bruga, is currently awaiting extradition to Santa Clara County. According to The Mercury News, she was arrested Saturday in Ada County, Idaho, where she has a home in addition to her property in Los Gatos that is currently on the market.
Her criminal charges include 12 felony counts and 10 misdemeanor counts of child endangerment, one count of misdemeanor sexual battery, three counts of misdemeanor child molestation, and 13 misdemeanor counts of providing alcohol to minors.
“It took a lot of brave children to come forward and to untangle this deeply disturbing case,” Santa Clara County District Attorney Jeff Rosen said in a press release regarding the case. “As a parent, I’m shocked. As the DA, I’m determined to hold those adults who endanger children fully accountable to the law and our community.”
What Happened During the Parties?
Investigators claim O’Connor organized the functions, attended by as many as 20 teens, via text message and Snapchat. She would then allegedly supply the teens with alcohol and push them to binge drink, often to the point of illness or unconsciousness.
The harm that resulted from their intoxication included one teen breaking a finger and another almost drowning in a hot tub, among other serious situations.
In another instance, O’Connor let an unlicensed drunk teen drive her car. Her son and another one of his friends then hung off the back while it was moving, which caused the friend to fall, hit his head, and become unconscious for 30 seconds. He was later diagnosed with a concussion after spending the night vomiting.
O’Connor is additionally accused of manipulating and encouraging drunk teens to participate in sex acts with one another, which were sometimes non-consensual or carried out while she watched. In some cases, she allegedly laughed while the sexual acts happened or when assault victims asked her why she didn’t step in to help.
Investigators added that O’Connor required teens who attended her parties to keep them a secret. She’s even accused of helping them sneak out of their homes so she could drive them to her events. Authorities said she was found to have bullied at least one teen who she suspected of breaking the secret.
“Everyone should feel relieved this woman’s not on the street,” the parents of one assault victim told The Mercury News. “She was grooming these kids, setting them up for sexual acts, and she’s a mother and doing this to her own child. … I’ve been racking my brain trying to think what was in it for her.“