Also Calls on Army to Turn Over Memo Related to January DCA Collision

WASHINGTON, D.C. – In his opening statement at today’s full committee hearing titled “Safety First: Restoring Boeing’s Status as a Great American Manufacturer,” Commerce Committee Chairman Ted Cruz (R-Texas) discussed the manufacturing challenges that have plagued Boeing in recent years, highlighting the importance of hearing from CEO Kelly Ortberg directly about the concrete actions Boeing has taken to fix these production problems that led to unacceptable safety events.

Sen. Cruz expressed his condolences to the families of victims of the Boeing MAX 8 accidents and thanked them for their advocacy in support of improving aviation safety. Sen. Cruz reaffirmed the need for Boeing to convey to the flying public how they have reinstituted a culture of safety and quality across the entire company and underscored the importance of Boeing remaining a symbol of American manufacturing excellence.

In addition, addressing the investigation into the tragic midair collision near Ronald Reagan Washington National Airport, Sen. Cruz highlighted that the Army continues to refuse the Committee’s request to provide the Army’s August 9, 2024 memo titled “ADS-B Out Off Operations in the National Airspace.” Sen. Cruz stated that should the Army continue to stonewall the Committee’s bipartisan investigation into that accident, he would seek to compel this document’s production.

Sen. Cruz’s remarks, as delivered, are included below:

“Before we discuss today’s hearing, I want to touch on a separate aviation matter. Last week, this committee held a hearing on the January 29th DCA midair collision. Brigadier General Matthew Braman testified on behalf of the Army.  At the hearing, both Ranking Member Cantwell and I requested an Army memo outlining its standard operating procedures for when Army helicopters could forego broadcasting their location and altitude while flying near DCA airport. The Army had earlier refused to provide the memo to my staff — despite being allowed to do so by the independent crash investigator, the National Transportation Safety Board. Given the opportunity to be transparent, the Army refused to commit to providing the memo titled ‘Automatic Dependent Broadcast Surveillance, or ADS-B, Out Off Operations in the National Airspace.’ So Ranking Member Cantwell and I followed the hearing with a joint letter requesting the unredacted memo — now for the third time.

“It’s been five days since the hearing and the Army has still not provided the memo. It begs the question, what doesn’t the Army want Congress or the public to know about why it was flying partially blind to other aircraft and air traffic controllers near DCA? This is not acceptable. I fully expect that, should the Army refuse again to provide the internal memo, this Committee will exercise its authorities to compel its production.

“Events that have transpired since the January crash underscore the precarious situation in the nation’s airspace. Just last Friday, three flights were cleared for takeoff at DCA while a military flyover was approaching Arlington National Cemetery. The U.S. Air Force T-38 came within just about half of a nautical mile of lateral separation and as close as 200 feet of vertical separation from a Delta aircraft departing DCA for Minneapolis.

“The Delta flight’s TCAS sounded a resolution advisory, alerting the pilots to a traffic conflict and directing them to continue upward to avoid a collision. This is far too close – seconds away from disaster. The air traffic center that controls airspace around DC notified DCA about the flyover. That should have led to halted traffic. This serious communication breakdown is just the latest in a string of missteps that signal the air traffic organization is under extreme stress. It is my expectation that all federal actors — when involved in any incident in the national airspace — will be forthcoming when this Committee conducts its oversight to ensure flying remains the safest mode of transportation.

“And I want to be explicit to the Army. Every one of us here supports a strong national defense, but the Army does not have in its option ignoring the United States Senate. And if there is another accident, if another Black Hawk helicopter strikes another passenger jet and murders 67 people because the Army refused to change its policy of turning off ADS-B Out and rather than act proactively to protect people's lives, the Army chose to protect its bureaucratic ass, those deaths will be on the Army’s hands. None of us want that to happen. The responsible decision for the Army to make is to provide that memo to this committee today. And again, if the Army continues to stonewall, they will face a subpoena from this committee.

“That brings us to today’s hearing: it is essential for members of this Committee to hear directly from Boeing about its manufacturing challenges. I am glad CEO Kelly Ortberg is here today. Mr. Ortberg, welcome and thank you for testifying.

“For over a century, Boeing has been building aircraft in America. Beginning with the Boeing Model 1 seaplane in 1916, William Boeing built a company that became a household name. As the First World War broke out, the Boeing Airplane Co. began building aircraft for the U.S. Navy.

“By 1919, Boeing’s first aircraft designed for commercial purposes took flight. Throughout its storied history, Boeing aircraft have been synonymous with excellence, quality, and safety in flight.

“That was, until October 2018 when a 737 MAX 8 aircraft operated by Lion Air crashed into the Java Sea, killing 189 people. Five months later, Ethiopian Flight 302 would crash just after takeoff, killing 157 passengers and crew.

“346 souls gone in an instant. Family members of those killed have since become tireless advocates for aviation safety. I welcome those family members who are in attendance today and convey my continued condolences for your loss and express my gratitude. Thank you for turning your grief into advocacy.

“The MAX 8s were grounded soon after the second crash, for more than 18 months in the U.S. as Boeing worked with the FAA on a software fix to prevent the technological breakdown that contributed to both crashes. I was among the first senators to publicly call for grounding the plane – just days after the second crash. When the MAX returned to the air in late 2020, many hoped the worst was behind Boeing.

“On January 5, 2024, Alaska Airlines Flight 1282 departed Portland International Airport en route to Ontario, California. Approximately ten minutes into the flight, the mid-cabin exit door plug, a section of the fuselage built to seal off unused emergency exits, fell off the plane, leading to rapid depressurization of the cabin. Oxygen masks dropped and belongings were sucked out of the gaping hole. The National Transportation Safety Board’s review found that Boeing failed to include at least three of the four bolts needed to properly secure the door plug to the fuselage. Thankfully, and miraculously, no lives were lost, but the incident produced fresh doubt about Boeing’s ability to safely build planes.

“Repeated worries about production issues at Boeing and its subcontractors has led many to question the company’s ability to design and manufacture safe aircraft. Efforts to cut corners in production or move to the next production phase before necessary parts arrive have led to unacceptable failures. Insufficient oversight of third-party suppliers and a lack of sufficient internal auditing procedures created an unsustainable, lack of safety culture at Boeing.

“Since the Alaska Airlines 1282 incident, Boeing says it is working hard to address concerns, including by developing a plan under FAA oversight for renewed safety and quality in production processes. It recently adapted its SpeakUp program to allow employees to confidently and anonymously submit a concern when something seems to be going wrong. While the culture will not change overnight, Boeing must continue its work with the FAA to bring safety and quality back fully to its production processes.

“The FAA has been evaluating Key Performance Indicators, or KPIs, to track Boeing’s progress on key metrics. From discussions with the FAA and Boeing, I am told the company is progressing well and is on track to simplify needlessly complex processes, identify points of weakness, reduce deficiencies, and ultimately, improve safety.

“But these conversations alone will not be the proper reassurance. I want to hear today what concrete actions Boeing has taken to fix problems. How is Boeing progressing in its KPIs? What changes has it implemented to ensure a strong safety culture? And how has Boeing adapted its Quality Management System?

“I want to hear these answers not just from the company’s CEO, but from the company’s managers, engineers, and machinists. I know the workers of Boeing desperately want their company to succeed, too. So to those at Boeing facilities who are watching, consider my door open to hearing directly from you on how you believe Boeing is turning a corner and fixing what went wrong.

“President Trump is taking great strides to bring back American manufacturing. I very much hope Boeing is part of that renaissance. I want Boeing to remain a beacon of American excellence in manufacturing. Our country is better off economically — and our aviation system is safer and our nation is stronger when Boeing is stronger.

“I now turn to Ranking Member Cantwell for her opening statement.”

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