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What is the USA PATRIOT Act and how does it affect research laboratories? In recent years,
the threat of illegitimate use of infectious agents has attracted
increasing interest from the perspective of public health, in view
of concern that certain biological agents and toxins could have
serious adverse consequences for human health and safety. The USA
PATRIOT Act is a law signed by President Bush that went into effect
on October 26, 2001. The full name of the act is the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001. Among other things,
the law makes it unlawful for restricted persons to have access
to certain biological agents and toxins, known as 'select agents'.
Who is a 'restricted person' under the USA PATRIOT Act? A restricted individual under this law is anyone who:
What are the 'select agents' under the USA PATRIOT Act? As of October
2002, the list of 'select agents' as determined by the Centers for
Disease Control (CDC) and found at 42 CFR 72 included:
TOP How does the University monitor where select agents are used on campus? Working with
Department Chairs and Principal Investigators (PI's), the University
Biological Safety Officer (BSO) and the Office of Radiation, Chemical
and Biological Safety (ORCBS) have identified campus facilities
that use these agents and toxins, and the individuals within the
laboratories that have access to them. ORCBS maintains a select
agent user database and updates this database to include prospective
users by undertaking periodic surveys. Individuals, including PI's,
desiring access to select agents are required to successfully complete
an MSU USA PATRIOT Act Checklist of Eligibility. Applicants meeting
the requirements of the USA PATRIOT Act will be granted approval
by the Vice President for Research and Graduate Studies (VPRGS)
or his designee. USA PATRIOT Act Checklists are available from MSU's
BSO and can be viewed at www.biosafety.msu.edu. How does the checklist/registration process work? The PI is responsible
to ensure that only individuals who have been determined not to
be 'restricted persons' have access to any select agent in the PI's
laboratory/facility. Prior to using or seeking to obtain or transfer
a select agent, the Principle Investigator must notify and deliver
to the BSO a list of all persons with access to the select agent.
From the lists of individuals submitted by PI's, the BSO compiles
and maintains a list of all persons with access to select agents
on University property. The PI provides each individual with access
to the select agent a USA PATRIOT Act Restricted Person Checklist.
Each such individual, including the PI, completes the Checklist
and returns it to the PI for submission to the VPRGS. The VPRGS
(or his designee) compiles and maintains a list of all individuals
who have submitted a completed USA PATRIOT Act Restricted Person
Checklist. The BSO obtains from the VPRGS (or his designee) the
list of all individuals who have submitted a completed USA PATRIOT
Act Restricted Person Checklist and who are eligible for select
agent access. What security measures are laboratories in possession of select agents required to employ? In addition to identifying all individuals with access to a select agent and registering these individuals with the Biological Safety Officer, labs working with a select agent are required to consult with the Department of Police and Public Safety and ORCBS to develop and implement appropriate security measures. At a minimum, the lab or facility must adopt the following security measures:
Where can I obtain more information regarding the USA PATRIOT Act and how it applies to Michigan State University? Please contact the Office of Environmental Safety at (517) 353-1768 or the Biological Safety Officer at (517) 353-1877. Additional resources can be found at:
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