Prohibition of issuance of transportation security cards to convicted felons

Section 70105 of title 46, United States Code, is amended— (1)in subsection (b)(1), by striking decides that the individual poses a security risk under subsection (c) and inserting determines under subsection (c) that the individual poses a security risk; and (2)in subsection (c), by amending paragraph (1) to read as follows:

(1)

Disqualifications

(A)

Permanent disqualifying criminal offenses

Except as provided under paragraph (2), an individual is permanently disqualified from being issued a transportation security card under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, in a civilian or military jurisdiction of any of the following felonies: (i)Espionage or conspiracy to commit espionage. (ii)Sedition or conspiracy to commit sedition. (iii)Treason or conspiracy to commit treason. (iv)A crime listed in chapter 113B of title 18, a comparable State law, or conspiracy to commit such crime. (v)A crime involving a transportation security incident. In this clause, a transportation security incident— (I)is a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area (as defined in section 70101 of title 46); and (II)does not include a work stoppage or other nonviolent employee-related action, resulting from an employer-employee dispute. (vi)Improper transportation of a hazardous material under section 5124 of title 49, or a comparable State law;. (vii)Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or incendiary device (as defined in section 232(5) of title 18, explosive materials (as defined in section 841(c) of title 18), or a destructive device (as defined in 921(a)(4) of title 18). (viii)Murder. (ix)Conspiracy or attempt to commit any of the crimes described in clauses (v) through (viii). (x)A violation of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961 et seq.), or a comparable State law, if 1 of the predicate acts found by a jury or admitted by the defendant consists of 1 of the offenses listed in clauses (iv) and (viii). (xi)Any other felony that the Secretary determines to be a permanently disqualifying criminal offense. (B)

Interim disqualifying criminal offenses

Except as provided under paragraph (2), an individual is disqualified from being issued a biometric transportation security card under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, during the 7-year period ending on the date on which the individual applies for such or card, or was released from incarceration during the 5-year period ending on the date on which the individual applies for such a card, of any of the following felonies: (i)Assault with intent to murder. (ii)Kidnapping or hostage taking. (iii)Rape or aggravated sexual abuse. (iv)Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon. In this clause, a firearm or other weapon includes, but is not limited to— (I)firearms (as defined in section 921(a)(3) of title 18); and (II)items contained on the United States Munitions Import List under 447.21 of title 27 Code of Federal Regulations. (v)Extortion. (vi)Dishonesty, fraud, or misrepresentation, including identity fraud. (vii)Bribery. (viii)Smuggling. (ix)Immigration violations. (x)A violation of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961, et seq.) or a comparable State law, other than a violation listed in subparagraph (A)(x). (xi)Robbery. (xii)Distribution of, possession with intent to distribute, or importation of a controlled substance. (xiii)Arson. (xiv)Conspiracy or attempt to commit any of the crimes in this subparagraph. (xv)Any other felony that the Secretary determines to be a disqualifying criminal offense under this subparagraph. (C)

Other potential disqualifications

Except as provided under subparagraphs (A) and (B), an individual may not be denied a transportation security card under subsection (b) unless the Secretary determines that individual— (i)has been convicted within the preceding 7-year period of a felony or found not guilty by reason of insanity of a felony— (I)that the Secretary believes could cause the individual to be a terrorism security risk to the United States; or (II)for causing a severe transportation security incident; (ii)has been released from incarceration within the preceding 5-year period for committing a felony described in clause (i); (iii)may be denied admission to the United States or removed from the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or (iv)otherwise poses a terrorism security risk to the United States.