Page:United States Statutes at Large Volume 121.djvu/419

 121 STAT. 398

PUBLIC LAW 110–53—AUG. 3, 2007

dkrause on GSDDPC44 with PUBLAW

(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 biometric 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 Federal crime of terrorism (as defined in section 2332b(g) of title 18), a crime under a comparable State law, or conspiracy to commit such crime. ‘‘(v) A crime involving a transportation security incident. ‘‘(vi) Improper transportation of a hazardous material in violation of section 5104(b) of title 49, or a comparable State law. ‘‘(vii) Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, an explosive or explosive device. In this clause, an explosive or explosive device includes— ‘‘(I) an explosive (as defined in sections 232(5) and 844(j) of title 18); ‘‘(II) explosive materials (as defined in subsections (c) through (f) of section 841 of title 18); and ‘‘(III) a destructive device (as defined in 921(a)(4) of title 18 or section 5845(f) of the Internal Revenue Code of 1986). ‘‘(viii) Murder. ‘‘(ix) Making any threat, or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a State or other government facility, a public transportation system, or an infrastructure facility. ‘‘(x) A violation of chapter 96 of title 18, popularly known as the Racketeer Influenced and Corrupt Organizations Act, or a comparable State law, if one of the predicate acts found by a jury or admitted by the defendant consists of one of the crimes listed in this subparagraph. ‘‘(xi) Attempt to commit any of the crimes listed in clauses (i) through (iv). ‘‘(xii) Conspiracy or attempt to commit any of the crimes described in clauses (v) through (x).

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