AbstractThe United States Government has sought to incentivize the development of medical countermeasures for biological agents (as well as other weapons of mass destruction) by establishing the Biomedical Advanced Research and Development Authority (BARDA). Several legal impediments exist to the development of vaccines targeting the most disconcerting biological agents. This paper identifies the key legal incentives and impediments regarding the development of vaccines for select agents and determine whether these incentives currently outweigh the impediments.