[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR121.10]

[Page 774-775]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 121_POSSESSION, USE, AND TRANSFER OF SELECT AGENTS AND TOXINS--Table 
of Contents
 
Sec. 121.10  Restricting access to select agents and toxins; security 
risk assessments.

    (a) An individual or entity required to register under this part may 
not provide an individual access to a select agent or toxin, and an 
individual may not access a select agent or toxin, unless the individual 
is approved by the Administrator or the HHS Secretary following a 
security risk assessment by the Attorney General.
    (b) An individual will be deemed to have access at any point in time 
if the individual has possession of a select agent or toxin (e.g., 
carries, uses, or manipulates) or the ability to gain possession of a 
select agent or toxin.
    (c) Each individual with access to select agents or toxins must have 
the appropriate education, training, and/or experience to handle or use 
such agents or toxins.
    (d) To apply for access approval, each individual must submit the 
information necessary to conduct a security risk assessment to the 
Attorney General.
    (e) An individual's security risk assessment may be expedited upon 
written request by the responsible official and a showing of good cause 
(e.g., public health or agricultural emergencies, national security, or 
a short-term visit

[[Page 775]]

by a prominent researcher). A written decision granting or denying the 
request will be issued.
    (f) An individual's access approval for VS select agents or toxins 
may be denied, limited, or revoked if:
    (1) The individual is within any of the categories described in 18 
U.S.C. 175b;
    (2) The individual is reasonably suspected by any Federal law 
enforcement or intelligence agency of committing a crime set forth in 18 
U.S.C. 2332b(g)(5); knowing involvement with an organization that 
engages in domestic or international terrorism (as defined in 18 U.S.C. 
2331) or with any other organization that engages in intentional crimes 
of violence; or being an agent of a foreign power as defined in 50 
U.S.C. 1801; or
    (3) It is determined that such action is necessary to protect animal 
health or animal products.
    (g) For overlap select agents or toxins, an individual's access 
approval will be denied or revoked if the individual is within any of 
the categories described in 18 U.S.C. 175b. An individual's access 
approval may be denied, limited, or revoked for the reasons set forth in 
paragraphs (f)(2) through (f)(3) of this section.
    (h) An individual may appeal the Administrator's decision to deny, 
limit, or revoke access approval under Sec. 121.20.
    (i) Access approval is valid for a maximum of 5 years.
    (j) The responsible official must immediately notify APHIS or CDC 
when an individual's access to select agents or toxins is terminated by 
the entity and the reasons therefore.