The Pentagon has taken a major step toward reviving its controversial program of giving anthrax vaccine to service members, invoking emergency provisions of the Project BioShield Act that allow use of unapproved drugs and vaccines.
The Department of Defense said use of the vaccine will be voluntary for now, in contrast with the mandatory program that was blocked by a federal judge in October on the grounds that the vaccine was never properly cleared for use by the Food and Drug Administration.
"The Department's current intelligence community assessments establish that there is a heightened risk for U.S. military forces of attack with anthrax," a DOD official said. He said the assessment applies to Iraq, Afghanistan and North Korea in particular.
The emergency measure marks a dramatic turn in the Defense Department's long-running efforts to establish and maintain a mandatory vaccination program to protect against inhaled anthrax. Six former or current service members sued the department in 2003 over the program, and U.S. District Judge Emmet G. Sullivan ruled last fall that the vaccinations were illegal and permanently enjoined their use.
http://www.washingtonpost.com/wp-dyn/articles/A55554-2005Feb1.html