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In the Wake of Boeing 737 MAX Crashes, Congressman Cohen introduces Safety is Not for Sale Act

December 11, 2019

Bill prohibits aircraft manufacturers from charging additional fees for non-required safety enhancing equipment

WASHINGTON – Congressman Steve Cohen (TN-09), a senior member of the Aviation Subcommittee of the House Transportation and Infrastructure Committee, today introduced the Safety is Not for Sale Act, legislation that would require air carriers to adopt additional safety features and ensure all non-required safety enhancing equipment is offered or provided to all carriers without an additional charge.

The two 737 MAX aircraft involved in the Lion Air and Ethiopian Airlines crashes lacked safety features that could have helped the pilots and aviation mechanics recognize false readings from sensors connected to the aircraft's new flight control system. Following the Lion Air crash, the Indonesian civil aviation authority's final report found that the inoperative angle of attack (AOA) disagree alert on the airplane "contributed to the crew being denied valid information about abnormal conditions."

In August 2017, Boeing learned that the AOA disagree alerts were only functional on the planes where customers also purchased an optional AOA indicator. However, only 20 percent of Boeing's 737 MAX customers purchased these optional AOA indicators. As confirmed by Boeing at the latest Transportation and Infrastructure Committee hearing on the Boeing 737 MAX in October, Boeing also confirmed that it kept producing planes with this known defect and did not inform the FAA or its customers about it until after the Lion Air crash in October 2018.

Congressman Cohen made the following statement:

"Aviation safety should not be treated as a luxury bought or sold for an extra fee. Safety features should be standard equipment on all airline fleets. The Safety is Not for Sale Act makes it clear that safety is not optional."

See a copy of the bill here.

Today, the full House Transportation and Infrastructure Committee will hold a hearing on the Boeing 737 MAX and the FAA's oversight of the aircraft's certification with witnesses including FAA Administrator Stephen Dickson.

The bill is supported by many aviation safety advocates, including the Air Line Pilots Association, Int'l, the Association of Flight Attendants-CWA, AFL-CIO, and the National Consumers League.

"The Air Line Pilots Association, Int'l applauds the introduction of the Safety Is Not for Sale Act, a bill that would make additional safety information available to airline pilots in the cockpit and provide airlines with more safety data about the equipment they operate, while also making onboard safety enhancements easier to acquire," said Capt. Joe DePete, president of the Air Line Pilots Association, Int'l. "To protect the passengers, crews, and cargo we fly, the U.S. airline industry must constantly enhance the equipment, processes, training, and procedures that have made commercial air transportation the safest mode of transportation in history."

"When grieving the loss of a loved one following an aircraft accident, no one ever talks about the great ticket price they paid. Safety is presumed not for sale," said Sara Nelson, International President of the Association of Flight Attendants-CWA, AFL-CIO. "Our lives and our jobs depend on the core principle that safety is priceless, just like every soul on the plane."

"State of the art safety technology should be standard equipment on all aircraft," said Sally Greenberg, Executive Director, National Consumers League. "If this bill were law, it could have saved hundreds of lives and prevented the recent tragic loss of life."

This bill is also supported by the Association of Professional Flight Attendants.

Massachusetts Senator Edward Markey and California Senator Dianne Feinstein first introduced the Safety is Not for Sale Act in the Senate in April.

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