Page:United States Statutes at Large Volume 121.djvu/420

 PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 399

dkrause on GSDDPC44 with PUBLAW

‘‘(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 card, or was released from incarceration during the 5-year period ending on the date on which the individual applies for such card, of any of the following felonies: ‘‘(i) Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipment, transportation, delivery, import, export, or storage of, or dealing in, a firearm or other weapon. In this clause, a firearm or other weapon includes— ‘‘(I) firearms (as defined in section 921(a)(3) of title 18 or section 5845(a) of the Internal Revenue Code of 1986); and ‘‘(II) items contained on the U.S. Munitions Import List under section 447.21 of title 27, Code of Federal Regulations. ‘‘(ii) Extortion. ‘‘(iii) Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering if the money laundering is related to a crime described in this subparagraph or subparagraph (A). In this clause, welfare fraud and passing bad checks do not constitute dishonesty, fraud, or misrepresentation. ‘‘(iv) Bribery. ‘‘(v) Smuggling. ‘‘(vi) Immigration violations. ‘‘(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance. ‘‘(viii) Arson. ‘‘(ix) Kidnaping or hostage taking. ‘‘(x) Rape or aggravated sexual abuse. ‘‘(xi) Assault with intent to kill. ‘‘(xii) Robbery. ‘‘(xiii) Conspiracy or attempt to commit any of the crimes listed in this subparagraph. ‘‘(xiv) Fraudulent entry into a seaport in violation of section 1036 of title 18, or a comparable State law. ‘‘(xv) A violation of the chapter 96 of title 18, popularly known as the Racketeer Influenced and Corrupt Organizations Act or a comparable State law, other than any of the violations listed in subparagraph (A)(x). ‘‘(C) UNDER WANT, WARRANT, OR INDICTMENT.—An applicant who is wanted, or under indictment, in any civilian or military jurisdiction for a felony listed in paragraph (1)(A), is disqualified from being issued a biometric transportation security card under subsection (b) until the want or warrant is released or the indictment is dismissed. ‘‘(D) OTHER POTENTIAL DISQUALIFICATIONS.—Except as provided under subparagraphs (A) through (C), an individual may not be denied a transportation security card

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