Signed into effect on 12 June 2002, the Public Health Security and Bioterrorism Preparedness Response Act, (PHSBPRA) was signed by the President, the Department of Health and Human Services DHHS and the U.S. Department of Agriculture USDA.

Intended to established new requirements for registration of possession, use, and transfer of Select Agents and Toxins that could pose a threat to human, animal, and plant safety and health.

An important component to the new rules include security risk assessment of individuals who have access to the select agents and toxins. Any person who meets the criteria of a "restricted person" as defined in the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of 2001, must not be allowed to access these materials.

A “restricted person” is a person who:

• is under indictment for a crime punishable by imprisonment for a term exceeding 1 year

• has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year

• is a fugitive from justice

• is an unlawful user of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)

• is an alien illegally or unlawfully in the United States

• has been adjudicated as a mental defective or has been committed to any mental institution

• is an alien (other than an alien lawfully admitted for permanent residence) who is a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan or Syria, or any other country to which the Secretary of State, pursuant to applicable law, has made a determination (that remains in effect) that such country has repeatedly provided support for acts of international terrorism

or

• has been discharged from the Armed Services of the United States under dishonorable conditions

Sources

• http://www.fda.gov/RegulatoryInformation/Legislation/ucm148797.htm
• http://www.ncsl.org/statefed/health/PL107-188overview.htm