49 CFR 1572.109 - Mental capacity.
(a) An applicant has mental incapacity, if he or she has been -
(1) Adjudicated as lacking mental capacity; or
(2) Committed to a mental health facility.
(1) A court, board, commission, or other lawful authority has determined that the applicant, as a result of marked subnormal intelligence, mental illness, incompetence, condition, or disease, is a danger to himself or herself or to others, or lacks the mental capacity to conduct 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 incompetence 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 applicant is committed to a mental health facility if he or she is formally committed to a mental health facility by a court, board, commission, or other lawful authority, including involuntary commitment and commitment for lacking mental capacity, mental illness, and drug use. This does not include commitment to a mental health facility for observation or voluntary admission to a mental health facility.
- 49 CFR 1572.19 — Applicant Responsibilities for a TWIC Security Threat Assessment.
- 49 CFR 1572.5 — Standards for Security Threat Assessments.
- 49 CFR 1572.21 — Procedures for TWIC Security Threat Assessment.
- 49 CFR 1515.5 — Appeal of Initial Determination of Threat Assessment Based on Criminal Conviction, Immigration Status, or Mental Capacity.
- 49 CFR 1572.15 — Procedures for HME Security Threat Assessment.
- 49 CFR 1572.11 — Applicant Responsibilities for HME Security Threat Assessment.
- 49 CFR 1515.7 — Procedures for Waiver of Criminal Offenses, Immigration Status, or Mental Capacity Standards.