S.Amdt. 876

1. Adds SEC. __. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO CONVICTED FELONS wherever appropriate

   Adds a section

   Inserted: SEC. __. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO CONVICTED FELONS.

   Inserted: (a) In General.--Section 70105 of title 46, United States Code, is amended--

   Inserted: (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

   Inserted: (2) in subsection (c), by amending paragraph (1) to read as follows:

   Inserted: "(1) Disqualifications.--

   Inserted: "(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:

   Inserted: "(i) Espionage or conspiracy to commit espionage.

   Inserted: "(ii) Sedition or conspiracy to commit sedition.

   Inserted: "(iii) Treason or conspiracy to commit treason.

   Inserted: "(iv) A Federal crime of terrorism (as defined in section 2332b(g) of title 18), a comparable State law, or conspiracy to commit such crime.

   Inserted: "(v) A crime involving a transportation security incident.

   Inserted: "(vi) Improper transportation of a hazardous material under section 5124 of title 49, or a comparable State law.

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   Inserted: "(vii) Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device. In this clause, an explosive or explosive device includes--

   Inserted: "(I) an explosive (as defined in sections 232(5) and 844(j) of title 18);

   Inserted: "(II) explosive materials (as defined in subsections (c) through (f) of section 841 of title 18); and

   Inserted: "(III) a destructive device (as defined in 921(a)(4) of title 18 and section 5845(f) of the Internal Revenue Code of 1986).

   Inserted: "(viii) Murder.

   Inserted: "(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.

   Inserted: "(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 crimes listed in this subparagraph.

   Inserted: "(xi) Attempt to commit any of the crimes listed in clauses (i) through (iv).

   Inserted: "(xii) Conspiracy or attempt to commit any of the crimes described in clauses (v) through (x).

   Inserted: "(xiii) Any other felony that the Secretary of Homeland Security classifies, by regulation, as a permanently disqualifying criminal offense under this subparagraph.

   Inserted: "(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:

   Inserted: "(i) 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--

   Inserted: "(I) firearms (as defined in section 921(a)(3) of title 18 and section 5845(a) of the Internal Revenue Code of 1986); and

   Inserted: "(II) items contained on the United States Munitions Import List under section 447.21 of title 27, Code of Federal Regulations.

   Inserted: "(ii) Extortion.

   Inserted: "(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.

   Inserted: "(iv) Bribery.

   Inserted: "(v) Smuggling.

   Inserted: "(vi) Immigration violations.

   Inserted: "(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance.

   Inserted: "(viii) Arson.

   Inserted: "(ix) Kidnapping or hostage taking.

   Inserted: "(x) Rape or aggravated sexual abuse.

   Inserted: "(xi) Assault with intent to kill.

   Inserted: "(xii) Robbery.

   Inserted: "(xiii) Conspiracy or attempt to commit any of the crimes listed in this subparagraph.

   Inserted: "(xiv) Fraudulent entry into a seaport under section 1036 of title 18, or a comparable State law.

   Inserted: "(xv) A violation of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961 et seq.) or a comparable State law, other than any of the violations listed in subparagraph (A)(x).

   Inserted: "(xvi) Any other felony that the Secretary of Homeland Security classifies, by regulation, as an interim disqualifying criminal offense under this subparagraph.

   Inserted: "(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 this paragraph, 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.

   Inserted: "(D) Determination of arrest status.--

   Inserted: "(i) In general.--If a fingerprint-based check discloses an arrest for a disqualifying crime listed in this section without indicating a disposition, the Transportation Security Administration shall notify the applicant of such disclosure and provide the applicant with instructions on how the applicant can clear the disposition, in accordance with clause (ii).

   Inserted: "(ii) Burden of proof.--In order to clear a disposition under this subparagraph, an applicant shall submit written proof to the Transportation Security Administration, not later than 60 days after receiving notification under clause (i), that the arrest did not result in conviction for the disqualifying criminal offense.

   Inserted: "(iii) Notification of disqualification.--If the Transportation Security Administration does not receive proof in accordance with the Transportation Security Administration's procedures for waiver of criminal offenses and appeals, the Transportation Security Administration shall notify--

   Inserted: "(I) the applicant that he or she is disqualified from being issued a biometric transportation security card under subsection (b);

   Inserted: "(II) the State that the applicant is disqualified, in the case of a hazardous materials endorsement; and

   Inserted: "(III) the Coast Guard that the applicant is disqualified, if the applicant is a mariner.

   Inserted: "(E) Other potential disqualifications.--Except as provided under subparagraphs (A) through (C), an individual may not be denied a transportation security card under subsection (b) unless the Secretary determines that individual--

   Inserted: "(i) has been convicted within the preceding 7-year period of a felony or found not guilty by reason of insanity of a felony--

   Inserted: "(I) that the Secretary believes could cause the individual to be a terrorism security risk to the United States; or

   Inserted: "(II) for causing a severe transportation security incident;

   Inserted: "(ii) has been released from incarceration within the preceding 5-year period for committing a felony described in clause (i);

   Inserted: "(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

   Inserted: "(iv) otherwise poses a terrorism security risk to the United States.".

   Inserted: (b) Conforming Amendment.--Section 70101 of title 49, United States Code, is amended--

   Inserted: (1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7); and

   Inserted: (2) by inserting after paragraph (1) the following:

   Inserted: "(2) The term 'economic disruption' does not include a work stoppage or other employee-related action not related to terrorism and resulting from an employer-employee dispute.".

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As printed