[Code of Federal Regulations]
[Title 49, Volume 8]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1572.103]

[Page 374-375]
 
                        TITLE 49--TRANSPORTATION
 
   CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF 
                            HOMELAND SECURITY
 
PART 1572_CREDENTIALING AND BACKGROUND CHECKS FOR MARITIME AND LAND 
TRANSPORTATION SECURITY--Table of Contents
 
     Subpart B_Standards, Appeals, and Waivers for Security Threat 
                               Assessments
 
Sec. 1572.103  Disqualifying criminal offenses.

    (a) An individual has a disqualifying criminal offense if the 
individual:
    (1) Was convicted, or found not guilty by reason of insanity, of any 
of the disqualifying crimes listed in paragraph (b) of this section in 
any jurisdiction, civilian or military, during the 7 years before the 
date of the individual's application for the authorization, except as 
provided in paragraph (d) of this section;
    (2) Was released from incarceration for committing any of the 
disqualifying crimes listed in paragraph (b) of this section in any 
jurisdiction, civilian or military, during the 5 years before the date 
of the individual's application for the authorization, except as 
provided in paragraph (d) of this section; or
    (3) Is wanted or under indictment in any jurisdiction, civilian or 
military, for any of the disqualifying crimes listed in paragraph (b) of 
this section.
    (b) The disqualifying crimes are felonies involving:
    (1) Any crime listed in 18 U.S.C. Chapter 113B--Terrorism.
    (2) Murder.
    (3) Assault with intent to murder.
    (4) Espionage.
    (5) Sedition.
    (6) Kidnapping or hostage taking.
    (7) Treason.
    (8) Rape or aggravated sexual abuse.
    (9) Unlawful possession, use, sale, distribution, or manufacture of 
an explosive, explosive device, firearm, or other weapon.
    (10) Extortion.
    (11) Robbery.
    (12) Arson.
    (13) Distribution of, intent to distribute, possession, or 
importation of a controlled substance.
    (14) Dishonesty, fraud, or misrepresentation, including identity 
fraud.
    (15) A crime involving a severe transportation security incident.
    (16) Improper transportation of a hazardous material.
    (17) Bribery.
    (18) Smuggling.
    (19) Immigration violations.
    (20) Violations of the Racketeer Influenced and Corrupt 
Organizations Act; 18 U.S.C. 1961, et seq.

[[Page 375]]

    (21) Conspiracy or attempt to commit any of the crimes listed in 
paragraph (b) of this section.
    (c) Determination of arrest status. (1) When a criminal history 
records check on an individual discloses an arrest for any disqualifying 
crime listed in paragraph (b) of this section without indicating a 
disposition, TSA will notify the individual.
    (2) The individual must provide TSA with written proof that the 
arrest did not result in a disqualifying criminal offense within 30 days 
after the service date of the notification in paragraph (c)(1) of this 
section. If TSA does not receive proof in that time, TSA may issue an 
Initial Notification of Threat Assessment in accordance with Sec. 
1572.141.
    (d) The time periods specified in paragraphs (a)(1) and (a)(2) of 
this section do not apply to:
    (1) The crimes listed in paragraphs (b)(1), (b)(4), (b)(5), (b)(7), 
(b)(12), (b)(15), and (b)(16) of this section;
    (2) The crime in paragraph (b)(9) of this section involving an 
explosive; and
    (3) Conspiracy or attempt to commit the crimes listed in paragraphs 
(d)(1) and (d)(2) of this section.