On Nov. 18, 2020, the Federal Aviation Administration set forth the requirements for the 737 Max 8 to return to service after the March 13, 2019, grounding of the world's most popular airliner following two crashes that killed 346 people. The scrutiny associated with the Max 8 crashes has highlighted the way the FAA has deputized aviation manufacturers to self-certify the safety of their own products.

Operating under the Organization Designation Authorization (ODA), 14 C.F.R. part 183, subpart D, the FAA has the authority to delegate its safety oversight responsibilities to the aviation manufacturer to review and confirm the designs meet the FAA-imposed minimum standards of safety. A review of the ODA system in the aftermath of the 737 Max crashes has revealed the aircraft manufacturers have been exploiting this privilege to certify that aircraft systems meet FAA minimum safety standards when they do not. Larger aviation companies are self-approving approximately 95% or more of their own products. Congress has recognized the inherent conflicts of interest the ODA system creates and its negative impact on aviation safety. In an effort to keep the ODA system but erect some guardrails to provide more oversight, Congress is considering the Aviation Safety and Certification Reform Act of 2020.