[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: 49CFR1572.109]

[Page 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. 1572.109  Mental defects.

    (a) An individual has a mental defect if he or she has been--
    (1) Adjudicated as a mental defective; or
    (2) Committed to a mental institution.
    (b) An individual is adjudicated as a mental defective if--
    (1) A court, board, commission, or other lawful authority has 
determined that the individual, as a result of marked subnormal 
intelligence, or mental illness, incompetency, condition, or disease, is 
a danger to him or herself or others, or lacks the mental capacity to 
contract or manage his or her own affairs.
    (2) This includes a finding of insanity by a court in a criminal 
case; and a finding of incompetency to stand trial or a finding of not 
guilty by reason of lack of mental responsibility by any court, or 
pursuant to articles 50a and 76b of the Uniform Code of Military Justice 
(10 U.S.C. 850a and 876b).
    (c) An individual is committed to a mental institution if--
    (1) He or she is formally committed to a mental institution by a 
court, board, commission, or other lawful authority, including 
involuntary commitment and commitment for mental defectiveness, mental 
illness, and drug use.
    (2) This does not include a commitment to a mental institution for 
observation or voluntary admission to a mental institution.