[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR73.10]



[Page 447-448]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 73_SELECT AGENTS AND TOXINS--Table of Contents

 

Sec. 73.10  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 HHS Secretary or Administrator, 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., 

ability to carry, use, or manipulate) 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 by a prominent researcher). A written decision 

granting or denying the request will be issued.

    (f) 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,

    (g) An individual's access approval may be denied, limited, or 

revoked if:

    (1) The individual is reasonably suspected by any Federal law 

enforcement or intelligence agency of committing a crime specified 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

    (2) It is determined such action is necessary to protect public 

health and safety.

    (h) An individual may appeal the HHS Secretary's decision to deny, 

limit, or revoke access approval under Sec. 73.20.

    (i) Access approval is valid for a maximum of five years.

    (j) The Responsible Official must immediately notify CDC or APHIS 

when an individual's access to select agents



[[Page 448]]



or toxins is terminated by the entity and the reasons therefore.