This report provides a brief overview of the existing statutory authority and the regulation implementing this authority. It describes several policy issues raised in previous debates regarding chemical facility security and identifies policy options for congressional consideration. Finally, legislation in the 112th Congress is discussed.

This report discusses the Project BioShield Act (P.L. 108-276), In 2004, passed by Congress to encourage the private sector to develop medical countermeasures against chemical, biological, radiological, and nuclear (CBRN) terrorism agents and to provide a novel mechanism for federal acquisition of those newly developed countermeasures. This law provides three main authorities: (1) relaxing regulatory requirements for some CBRN terrorism-related spending, including hiring personnel and awarding research grants; (2) guaranteeing a federal market for new CBRN medical countermeasures; and (3) permitting emergency use of unapproved countermeasures.