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Page 60
Suggested Citation:"Appendix C - Disqualifying Offenses Table." National Academies of Sciences, Engineering, and Medicine. 2011. Feasibility of a Consolidated Security Credential for Persons Who Transport Hazardous Materials. Washington, DC: The National Academies Press. doi: 10.17226/14565.
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Page 60
Page 61
Suggested Citation:"Appendix C - Disqualifying Offenses Table." National Academies of Sciences, Engineering, and Medicine. 2011. Feasibility of a Consolidated Security Credential for Persons Who Transport Hazardous Materials. Washington, DC: The National Academies Press. doi: 10.17226/14565.
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Page 61
Page 62
Suggested Citation:"Appendix C - Disqualifying Offenses Table." National Academies of Sciences, Engineering, and Medicine. 2011. Feasibility of a Consolidated Security Credential for Persons Who Transport Hazardous Materials. Washington, DC: The National Academies Press. doi: 10.17226/14565.
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Page 62
Page 63
Suggested Citation:"Appendix C - Disqualifying Offenses Table." National Academies of Sciences, Engineering, and Medicine. 2011. Feasibility of a Consolidated Security Credential for Persons Who Transport Hazardous Materials. Washington, DC: The National Academies Press. doi: 10.17226/14565.
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Page 63

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60 A P P E N D I X C Disqualifying Offenses Table

61 *Unable to verify the disqualifying offenses for the Common Access Card. 1 to 30 Disqualifying Offenses TWI C CD L- HM E M M D M M L M M C FA ST SI DA Pa ss po rt NE XU S SE NT RI e- Ra ilS af e CA C* US PS 1 A crime involving a transportation security incident 2 A crime listed in 18 U.S.C. Chapter 113B—Terrorism, or a state law that is comparable 3 Aggravated assault 4 Aircraft piracy 5 Aircraft piracy outside the special aircraft jurisdiction of the United States 6 Arson 7 Assault with Intent to murder 8 Bribery 9 Burglary 10 Cannot satisfy CBP of their low-risk status (i.e., CBP has intelligence that indicates that the applicant is not low risk; CBP cannot determine an applicant’s criminal, residence or employment history) 11 Carrying a Weapon or explosive aboard aircraft 12 Commission of certain crimes aboard aircraft in flight 13 Conspiracy 14 Conspiracy or attempt to commit any of these crimes 15 Conveying false information and threats 16 Convicted of a criminal offense 17 Conviction involving a fatality (vehicular crime) 18 Criminal violations of environmental laws 19 Criminal violations of environmental laws involving pollutants or HazMat 20 Destruction of aircraft or aircraft facility 21 Dishonesty, fraud, or misrepresentation, including identity fraud 22 Distribution, possession with intent to distribute, or importation of a controlled substance, including drugs 23 Espionage 24 Extortion 25 Felony involving a threat 26 Forgery of certificates, false markings of aircraft, and other aircraft registration violations 27 Homicide (unintentional) 28 Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year. 29 Immigration Violations 30 Importation or manufacture of a controlled substance Table C-1. Disqualifying offenses, Part 1.

62 31 to 60 Disqualifying Offenses TWI C CD L- HM E M M D M M L M M C FA ST SI DA Pa ss po rt NE XU S SE NT RI e- Ra ilS af e CA C* US PS 31 Imprisonment > 1 Year 32 Improper transportation of Hazardous Materials under 49 U.S.C. 5124 or a state law that is comparable 33 Inadmissible to the United States under immigration regulation, including applicants with approved waivers of inadmissibility or parole documentation 34 Interference with air navigation 35 Interference with flight crew members or flight attendants 36 Kidnapping or hostage taking 37 Lesser RICO violations 38 Lighting violations involving transporting controlled substances 39 Murder 40 Pending criminal charges 41 Possession or distribution of stolen property 42 Racing on the highways 43 Rape or aggravated sexual abuse 44 Reckless driving 45 Robbery 46 Sedition 47 Simple assault 48 Smuggling 49 Subject of an ongoing investigation by any federal, state, or local law enforcement agency 50 Subject to National Security Entry Exit Registration System (NSEERS) or other special registration programs 51 Theft (embezzlement) 52 Treason 53 Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements 54 Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device 55 Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in a firearm or other weapons 56 Violation of any customs, immigration or agriculture regulations or laws in any country 57 Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a state law that is comparable, where one of the predicate acts found by a jury or admitted by the defendant, consists of one of the offenses listed in paragraphs (d) or (h) of this section 58 Violence at international airports 59 Will not lawfully reside in either Canada or the United States for term of credential 60 Willful destruction of property Table C-2. Disqualifying offenses, Part 2.

Table C-3. Disqualifying offenses, Part 3. 61 to 93 Disqualifying Offenses TWI C CD L- HM E M M D M M L M M C FA ST SI DA Pa ss po rt NE XU S SE NT RI e- Ra ilS af e CA C* US PS 61 U.S. loan default 22 CFR 51.60 62 Arrears of child support 42 U.S.C. 2671(b)(2)(B) 63 Outstanding federal warrant or arrest for felony 18 U.S.C. 1073 64 Subject to criminal court order, condition of probation, or condition of parole, any of which forbid departure from the United States 65 Subject to court order committing one to a mental institution 66 Declared legally incompetent 67 Subject of request for extradition 68 Subject of a subpoena received from the United States pursuant to 28 U.S.C. 1783 69 Applicant is minor, and passport may be denied under 22 CFR 51.28 70 Subject to an order of restraint or apprehension issued by an appropriate officer of the U.S. Armed Forces under Ch.47, Title 10 U.S.C. 71 Subject to an outstanding state or local warrant of arrest for a felony 72 Subject of a request for extradition or provisional arrest submitted to the United States by a foreign country 73 Previously denied the credential 74 Threat to national security or foreign policy 75 Minor applicant involved in custody battle 76 Trafficking 77 Conviction of a felony offense in the last 7 years 78 Released from a penal institution in the last 5 years 79 Active misdemeanor and felony warrants 80 Any pending felony charge 81 Social Security fraud alerts 82 A history of crimes of concern 83 Out of service area 84 Permanent disqualifier 85 Background check canceled by contractor 86 Convicted of offenses involving dishonesty 87 Convicted of offenses involving moral turpitude 88 Convicted of offenses involving financial gain 89 On parole, probation, or under suspended sentence for commision of a felony 90 On parole, probation, or under suspended sentence for any controlled substance charge 91 Pending controlled substance charges 92 Pattern of criminal conduct 93 Conviction, investigation of, or under indictment for stealing mail or other postal crimes 63

Next: Appendix D - Credential-Specific Survey Response Data »
Feasibility of a Consolidated Security Credential for Persons Who Transport Hazardous Materials Get This Book
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TRB’s Hazardous Materials Cooperative Research Program (HMCRP) Report 6: Feasibility of a Consolidated Security Credential for Persons Who Transport Hazardous Materials discusses the feasibility of consolidating several existing security credentials, which are necessary under current regulations and policies, into one credential for all transportation modes.

The report evaluates the credentialing system to identify duplicative elements and redundant costs and describes the acquisition process, the application elements, and the physical characteristics for each identified credential. In addition, the report identifies the elements of the vetting processes for each credential. The report includes an examination of four options for consolidation, which provides insight into the basic elements of a universally recognized security credential for HazMat transportation workers.

HMCRP Report 6 also identifies key challenges for consolidation of security credentials, such as impetus and authority, organizational climate, financing, risk, and technological trending.

An alternative method of consolidating background checks is identified as a possible intermediate solution for removing duplicative processes and redundant costs.

A PowerPoint presentation, which summarizes the report process and conclusions, is available for download.

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