Aviation Drug-Trafficking Control Act
PL 98-499 (S.1146), enacted 10/19/1984

STAT. 2312 
PUBLIC LAW 98-499—OCT. 19, 1984 
Public Law 98-499 
98th Congress 
A n Act 
Oct. 19, 1984 
[S. 1146] 
Aviation Drug-
Trafficking 
Control Act. 
Law 
enforcement. 
49 u s e app. 1301 
note. 
To amend the Federal Aviation Act of 1958 to provide for the revocation of the 
airman certificates and for additional penalties for the transportation by aircraft of 
controlled substances, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Aviation Drug-Trafficking Control Act". 
SEC. 2. (a) Section 609 of the Federal Aviation Act of 1958 (49 
U.S.C. App. 1429) is amended by adding at the end thereof the 
following new subsection: 
"TRANSPORTATION, DISTRIBUTION, AND OTHER ACTIVITIES RELATED TO 
CONTROLLED SUBSTANCES 
"(c)(1) The Administrator shall issue an order revoking the 
airman certificates of any person upon conviction of such person of a 
crime punishable by death or imprisonment for a term exceeding 
one year under a State or Federal law relating to a controlled 
substance (other than a law relating to simple possession of a 
controlled substance), if the Administrator determines that (A) an 
aircraft was used in the commission of the offense or to facilitate the 
commission of the offense, and (B) such person served as an airman, 
or was on board such aircraft, in connection with the commission of 
the offense or the facilitation of the commission of the offense. The 
Administrator shall have no authority under this paragraph to 
review the issue of whether an airman violated a State or Federal 
law relating to a controlled substance. 
"(2) The Administrator shall issue an order revoking the airman 
certificates of any person if the Administrator determines that (A) 
such person knowingly engaged in an activity that is punishable by 
death or imprisonment for a term exceeding one year under a State 
or Federal law relating to a controlled substance (other than any 
law relating to simple possession of a controlled substance), (B) an 
aircraft was used to carry out such activity or to facilitate such 
activity, and (C) such person served as an airman, or was on board 
such aircraft, in connection with such activity or the facilitation of 
such activity. The Administrator shall not revoke, and the National 
Transportation Safety Board on appeal under paragraph (3) shall 
not affirm the revocation of, a certificate under this paragraph on 
the basis of any activity if the holder of the certificate is acquitted of 
all charges contained in an indictment or information which relate 
to controlled substances and which arise from such activity. 
"(3) Prior to revoking an airman certificate under this subsection, 
the Administrator shall advise the holder thereof of the charges or 
any reasons relied upon by the Administrator for his proposed 
action and shall provide the holder of such certificate an opportu-
nity to answer any charges and be heard as to why such certificate 
should not be revoked. Any person whose certificate is revoked by 
the Administrator under this subsection may appeal the Adminis-
PUBLIC LAW 98-499—OCT. 19, 1984 
98 STAT. 2313 
trator's order to the National Transportation Safety Board and the 
Board shall, after notice and a hearing on the record, affirm or 
reverse the Administrator's order. In the conduct of its hearings, the 
National Transportation Safety Board shall not be bound by find-
ings of fact of the Administrator. The filing of an appeal with the 
National Transportation Safety Board shall stay the effectiveness of 
the Administrator's order unless the Administrator advises the 
Board that safety in air commerce or air transportation requires the 
immediate effectiveness of his order, in which event the order shall 
remain effective and the Board shall finally dispose of the appeal 
within sixty days after being so advised by the Administrator. The Courts, U.S. 
person substantially affected by the National Transportation Safety 
Board's order may obtain judicial review of such order under the 
provisions of section 1006, and the Administrator shall be made a 
49 use app. 
party to such proceedings. 
i486. 
"(4) For purposes of this subsection, the term 'controlled sub-
stance' has the meaning given such term by section 102(6) of the 
Controlled Substances Act (21 U.S.C. 802(6)).". 
(b) That portion of the table of contents contained in the first 
section of the Federal Aviation Act of 1958 which appears under the 
side heading 
"Sec. 609. Amendment, suspension, and revocation of certificates." 
is amended by adding at the end thereof 
"(c) Transportation, distribution, and other activities related to controlled 
substances.". 
SEC. 3. Section 602(b) of the Federal Aviation Act of 1958 (49 
U.S.C. App. 1422(b)) is amended by inserting "(1)" after "(b)" and by 
adding at the end thereof the following new paragraph: 
"(2)(A) Except as provided in subparagraphs (B) and (O), the 
Administrator shall not issue an airman certificate to any person 
whose airman certificate has been revoked under subsection (c) of 
section 609 of this title during the five-year period beginning on the Ante, p. 2312. 
date of such revocation. 
"(B) The Administrator may issue an airman certificate to any 
such person before the end of such five-year period (but not before 
the end of the one-year period beginning on the date of such 
revocation) if, in addition to the findings required by paragraph (1), 
the Administrator determines (i) that revocation of the certificate 
for such five-year period would be excessive considering the nature 
of the offense or the act committed and the burden which revocation 
places on such person, or (ii) that revocation of the certificate for 
such five-year period would not be in the public interest. The 
determinations under clauses (i) and (ii) of the preceding sentence 
shall be within the discretion of the Administrator and any such 
determination or failure to make such a determination shall not be 
subject to administrative or judicial review. 
"(C) In any case in which the Administrator has revoked an 
airman certificate of a person under section 609(c) (1) or (2) as a Ante, p. 2312. 
result of any activity and— 
"(i) such person is subsequently acquitted of all charges 
contained in an indictment or information which relate to 
controlled substances and which arise from such activity; or 
"(ii) in the case of a revocation under section 609(cXl), the 
judgment of conviction on which the revocation is based is 
reversed on appeal; 
31-194 - 0 - 86 - 37 : QL. 3 Part 2 
98 STAT. 2314 
PUBLIC LAW 98-499—OCT. 19, 1984 
the Administrator shall issue an airman certificate to such person if 
such person is otherwise qualified to serve £is an airman under this 
section.". 
SEC. 4. (a) Section 501(e) of the Federal Aviation Act of 1958 (49 
U.S.C. App. 1401(e)) is amended by inserting "(1)" after "(e)" and by 
adding at the end thereof the following new paragraph: 
"(2)(A) The Administrator shall issue an order revoking the certif-
icate of registration issued to an owner under this section for an 
aircraft and each other certificate of registration held by such owner 
under this section, if the Administrator determines that— 
"(i) such aircraft has been used to carry out an activity, or to 
facilitate an activity, that is punishable by death or imprison-
ment for a term exceeding one year under a State or Federal 
law relating to a controlled substance (other than any law 
relating to simple possession of a controlled substance); and 
"(ii) the use of the aircraft was permitted by such owner with 
- the knowledge that the aircraft was intended to be used for an 
activity described in clause (i) of this subparagraph. 
For purposes of this paragraph, an owner of an aircraft who is not 
an individual shall be considered to have permitted the use of an 
aircraft with knowledge that it was intended to be used for an 
activity described in clause (i) of this subparagraph only if a major-
ity of the individuals who control such owner or who are involved in 
forming the major policy of such owner permitted the use of the 
aircraft with knowledge of such intended use. The Administrator 
shall not revoke, and the National Transportation Safety Board on 
appeal under subparagraph (B) shall not affirm the revocation of, a 
certificate under this paragraph on the basis of any activity if the 
holder of the certificate is acquitted of all charges contained in an 
indictment or information which relate to controlled substances and 
which arise from such activity. 
"(B) Prior to revoking any certificate of registration under this 
subsection, the Administrator shall advise the holder thereof of the 
charges or any reasons relied upon by the Administrator for his 
proposed action and shall provide the holder of the certificate of 
registration an opportunity to answer any charges and be heard as 
to why such certificate should not be revoked. Any person whose 
certificate of registration is revoked by the Administrator under this 
subsection may appeal the Administrator's order to the National 
Transportation Safety Board and the Board shall, after notice and a 
hearing on the record, affirm or reverse the Administrator's order. 
In the conduct of its hearings, the National Transportation Safety 
Board shall not be bound by findings of fact of the Administrator. 
The filing of an appeal with the National Transportation Safety 
Board shall stay the effectiveness of the Administrator's order 
unless the Administrator advises the Board that safety in air com-
merce or air transportation requires the immediate effectiveness of 
his order, in which event the order shall remain effective and the 
Board shall finally dispose of the appeal within 60 days after being 
so advised by the Administrator. The person substantially affected 
by the National Transportation Safety Board's order may obtain 
49 use app. 
judicial review of such order under the provisions of section 1006, 
I486. 
and the Administrator shall be made a party to such proceedings. 
"(C) For purposes of this paragraph, the term 'controlled sub-
stance' has the meaning given such term by section 102(6) of the 
Controlled Substances Act (21 U.S.C. 802(6)). 
i-S4i% t 
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•• O - 
A v f - ! t 
PUBLIC LAW 98-499—OCT. 19, 1984 
98 STAT. 2315 
"(D) Except as provided in subparagraphs (E) and (F), the Admin-
istrator shall not issue a certificate of registration to any person who 
has had a certificate revoked under subparagraph (A) of this para-
graph during the five-year period beginning on the date of such 
revocation. 
"(E) The Administrator may issue a certificate of registration for 
an aircraft to any such person before the end of such five-year 
period (but not before the end of the one-year period beginning on 
the date of such revocation) if the Administrator determines that 
such aircraft is otherwise eligible for registration under this section 
and (i) that revocation of the certificate for such five-year period 
would be excessive considering the nature of the offense or the act 
committed and the burden which revocation places on such person, 
or (ii) that revocation of the certificate for such five-year period 
would not be in the public interest. The determinations under 
clauses (i) and (ii) of the preceding sentence shall be within the 
discretion of the Administrator and any such determination or 
failure to make such a determination shall not be subject to admin-
istrative or judicial review. 
"(F) In any case in which the Administrator has revoked the 
certificate of registration as a result of any activity and such person 
is subsequently acquitted of all charges contained in an indictment 
or information which relate to controlled substances and which 
arise from such activity, the Administrator shall issue a certificate 
of registration to such person if such person is otherwise qualified 
for such a certificate under this section.". 
(b) Section 304(a)(9)(A) of the Independent Safety Board Act of 
1974 (49 U.S.C. App. 1903(a)(9)(A)) is amended by inserting before the 
semicolon at the end thereof the following: "and the revocation of 
any certificate of registration under section 501(e)(2) of such Act". Ante, p. 2314. 
SEC. 5. (a) Section 902 of the Federal Aviation Act of 1958 (49 
U.S.C. App. 1472) is amended by adding at the end thereof the 
following new subsection: 
"TRANSPORTING CONTROLLED SUBSTANCES WITHOUT AIRMAN 
CERTIFICATE 
"(q) Any person who knowingly and willfully serves in any capac-
ity as an airman without an airman certificate authorizing him to 
serve in such capacity, in connection with the transportation by 
aircraft of any controlled substance, where (1) such transportation is 
punishable by death or imprisonment for a term exceeding one year 
under a State or Federal law or is provided in connection with any 
act that is punishable by death or imprisonment for a term exceed-
ing one year under a State or Federal law relating to a controlled 
substance (other than any law relating to simple possession of a 
controlled substance), and (2) such person has knowledge of such 
transportation, shall be subject to a fine not exceeding $25,000 or to 
imprisonment not exceeding five years, or to both such fine and 
imprisonment. For purposes of this subsection, the term 'controlled 
substance' has the meaning given such term by section 102(6) of the 
Controlled Substances Act (21 U.S.C. 802(6)).". 
(b) That portion of the table of contents contained in the first 
section of the Federal Aviation Act of 1958 which appears under the 
side heading 
"Sec. 902. Criminal penalties." 
98 STAT. 2316 
PUBLIC LAW 98-499—OCT. 19, 1984 
is amended by adding at the end thereof 
"(q) Transporting controlled substances without airman certificate.". 
SEC. 6. Section 902(b) of the Federal Aviation Act of 1958 (49 
U.S.C. App. 1472(b)) is amended— 
(1) by striking out "(b) Any person who" and inserting in Heu 
thereof "(b)(1) Except as provided in paragraph (2), any person 
who"; 
(2) by striking out "uses or attempts to use" and inserting in 
lieu thereof "sells, uses, attempts to use, or possesses with the 
intent to use"; and 
(3) by adding at the end thereof the following new paragraph: 
"(2)(A) Any person who violates paragraph (1) of this subsection 
(other than by selling a fraudulent certificate) with the intent to 
commit a crime punishable by death or imprisonment for a term 
exceeding one year under a State or Federal law relating to a 
controlled substance (other than any law relating to simple posses-
sion of a controlled substance) shall be subject to a fine not exceed-
ing $25,000 or to imprisonment not exceeding five years, or both. 
"(B) Any person who violates paragraph (1) of this subsection by 
selling a fraudulent certificate with the knowledge that the pur-
chaser intends to use such certificate in connection with the com-
mission of a crime punishable by death or imprisonment for a term 
exceeding one year under a State or Federal law relating to con-
trolled substances (other than any law relating to simple possession 
of a controlled substance) shall be subject to a fine not exceeding 
$25,000 or to imprisonment not exceeding five years, or both. 
"(C) For purposes of this paragraph, the term 'controlled sub-
stance' has the meaning given such term by section 102(6) of the 
Controlled Substances Act (21 U.S.C. 802(6)).". 
Effective date. 
SEC. 7. This Act and the amendments made by this Act shall apply 
49 use app. 1401 vvith respect to acts and violations occurring after the date of 
^°^- 
enactment of this Act. 
Approved October 19, 1984. 
" 
'" '' 
LEGISLATIVE HISTORY—S. 1146 (H.R. 1580): 
HOUSE REPORTS: No. 98-883 accompanying H.R. 1580 (Comm. on Public Works and 
Transportation) and No. 98-1085 (Comm. of Conference). 
SENATE REPORT No. 98-228 (Comm. on Commerce, Science, and Transportation). 
CONGRESSIONAL RECORD: 
Vol. 129 (1983): Sept. 27, considered and passed Senate. 
Vol. 130 (1984): July 24, H.R. 1580 considered and passed House; S. 1146, 
amended, passed in lieu. 
Oct. 2, Senate agreed to conference report. 
Oct. 4, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): 
Oct. 19, Presidential statement. 
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