by Dee Ann Divis
Senior Science & Technology Editor
Submitted by Denise Nichols, Chairwoman of Committee on Gulf War Illness
For more information you may contact Denise Nichols at: DSNurse@aol.com

WASHINGTON, DC, March 11(UPI) - Congress will look into whether the Department of Health and Human Services overstepped its authority when it gave the Department of Defense permission to vaccinate military personnel with a controversial anthrax vaccine despite a court injunction halting the program.

The hearings will be called in the next couple of months by Rep. Christopher Shays, R-Conn., chairman of the House Subcommittee on National Security, Emerging Threats and International Relations. Shays has been asking HHS officials for information on their decision to approve Emergency Use Authorization since it was issued Jan. 14 at the request of the Defense Department.

  HHS made its ruling based on the new Bioshield Act, which grants the Secretary of Health and Human Services the right to permit use of a vaccine for an otherwise-unapproved use if there is an emergency or potential emergency.  Paul Wolfowitz, the deputy secretary of defense, asked for permission in a Dec. 10 letter saying he he "determined there is a significant potential for a military emergency involving a heightened risk to the United States military forces of an attack with anthrax."  That use of Bioshield is beyond the intention of Congress, Shays said. 

"We believe HHS acquiescence in the DoD request unjustifiably expands and distorts the scope of emergency use authority envisioned by the Act and strays well beyond the legislative intent of the provision," Shays wrote in a March 9 letter to HHS secretary Michael Leavitt.

The anthrax vaccine, called Anthrax Vaccine Absorbed or AVA, manufactured by Bioport of Lansing, Mich., has been the subject of three lawsuits, a congressional investigation and some 100 courts-martial of personnel refusing the vaccination. Critics of the program say the medication can cause serious, even life-threatening, reactions and is not approved for the prevention of inhalation anthrax--the biodefense application at the center of the DOD vaccination program.

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