Subj: Fwd: HR 5166, DOD Anthrax/Smallpox bill - introduced in US Congress, 29 Sep 2...
Date: 9/30/2004 11:49:15 PM Eastern Daylight Time
From: Verpaphila1
To:, D CAT 229, BarbCrag, Srthurlow, STAR2012,VOICEFORVETERANS,, WllmMrylaw

Dear Board:

Attached is a positive move by Shay's to stop the human experimentation of our soldiers and to right a wrong for so many of the past with this bill.

Please vote yea or nay for us to submit an organizational statement in support of this bill.


Subj: HR 5166, DOD Anthrax/Smallpox bill - introduced in US Congress, 29 Sep 2004
Date: 9/30/2004 11:06:21 PM Eastern Daylight Time
From: "Randice" <>
To: <Undisclosed-Recipient:;>

A bill to prohibit the Department of Defense from requiring members of the Armed Forces to receive the anthrax and smallpox immunizations without their consent, to correct the records of service members previously punished for refusing to take these vaccines, and for other purposes has been introduced by Representative Christopher Shays on September 29th, 2004. The bill will be referred to the House Armed Services Committee. We need everyone to write to your congressman to support this measure and this needs wide distribution and action. Below will be talking points. For a full copy of the bill, go to
If you are part of an organization/association/group, etc.. consider endorsing jointly this bill with MVEC, please contact myself at or Kathy Hubbell,
Finally, following the talking points, MVEC has legally established a political action committee (PAC), "Military Vaccine Action Committee." The press release follows. As always, anyone that's willing to stand and be counted on behalf of our men and women in service, please let us know - we can use your support to support those that support us.
Below the talking points is an article that came out earlier today from the Hartford Courant on it.

To prohibit the Department of Defense from requiring members of the Armed Forces to receive the anthrax and smallpox immunizations without their consent, to correct the records of servicemembers previously punished for refusing to take these vaccines, and for other purposes.
Mr. SHAYS introduced the following bill; which was referred to the Committee


To prohibit the Department of Defense from requiring members of the Armed Forces to receive the anthrax and smallpox immunizations without their consent, to correct the records of servicemembers previously punished for refusing to take these vaccines, and for other purposes.

The Military Vaccine Action Committee, LLC

Randi Airola,Executive Director: or 517-819-5926

Kathy Hubbell, President: or 406-531-9355

For complete, up-to-date information, resources and assistance concerning the military's anthrax and smallpox vaccines, visit, The Military Vaccine Education Center, Inc.

Fast Facts: Writing and Talking Points: Anthrax and Smallpox Vaccines

Introduction: Members of the Armed Forces face mandatory vaccines when they are deployed to certain areas around the world. A refusal to take these vaccines constitutes a refusal to follow a direct order. The consequences, depending upon the individual commander?s decision, can be a court martial, fine, time in a military prison, and a dishonorable discharge with a felony conviction.

This is not lawful. The anthrax vaccine in particular, according to federal Judge Emmett Sullivan (see point # 2 below) was forced upon the troops illegally until December, 2003; there is still a final decision pending in the lawsuit that brought about that judgment. By law, our troops are supposed to be given informed consent before taking these vaccines. Not only have they never been given that constitutional right ? a right they did not give up when joining the military ? but the smallpox vaccine is deemed too dangerous for the civilian population, but not too dangerous to force upon our troops.

When a service member does become ill from the vaccines, too often he or she is blamed for it, or is called a malingerer, one of the worst insults that can be leveled at our men and women in uniform. Too often adequate medical care is either denied or severely delayed; too often our troops are medical-boarded out of the service, and may face up to two years or more of paying for their own medical expenses if the VA does not respond in a timely and adequate fashion. The result can be loss of a job, a home, a car ? and the destruction of a family, which breaks apart under the stress.

HB 5166 seeks to redress these wrongs, and we urge your outspoken support of this bill. You can find it online at Please contact your Congressional delegation urging support of this bill. You can find your Senator or Representative at

Here are some fast facts about the anthrax vaccine and the smallpox vaccine to help you in your letter writing and in speaking with others:

Anthrax Vaccine Absorbed (AVA)

1. The FDA's new label (2002) on the anthrax vaccine admits to a systemic averse reaction rate of between 5% and 35% - whereas previously, the DoD claimed it was a mere .02%. Since then, the GAO (Government Accounting Office, a watch-dog agency) has come out with a new report estimating the systemic adverse reaction rate is probably as high as 85%. In addition, it is known that women have twice the adverse reaction rate as men. The GAO also issued a 2001 report that of the Guard and Reserve units forced to take the vaccine, fully 25% of the pilots resigned or obtained transfers out of their units rather than take the vaccine and jeopardize their civilian flying careers.

2. The anthrax vaccine was never licensed for use against aerosolized anthrax, and thus was used on our troops illegally up until December, 2003. Just eight days after the Dec. 22, 2003 decision by federal Judge Emmett Sullivan's that orders to take the vaccine were illegal, the FDA issued a ruling that it was both legal and safe - based on animal data.

3. The anthrax vaccine was originally licensed based on data from a different vaccine. The only safety/efficacy study ever done on human beings was done on that different vaccine. The FDA and DoD have also previously admitted that efficacy based on animal studies against inhalation is problematic because no proven correlate of immunity between animals and humans exists for anthrax infection.

4. The anthrax vaccine protocol originally called for 3 shots only; the change to a series of 6 shots with annual boosters was done with no foundation in research or fact. The label was actually changed to reflect the protocol then in practice; the protocol was not dictated by instructions on the label.

5. BioPort, the original manufacturer of the vaccine, changed its filtering and fermenting equipment in 1991 without notifying the FDA. The result was a 100-fold increase in the potency of the vaccine. It was used anyway. BioPort also produced non-sterile and contaminated vaccine and changed expiration dates on labels of some of the vaccine lots to portray false expiration dates. BioPort was issued a new contract with the government to produce more anthrax vaccine in the week between Judge Sullivan?s ruling and the FDA declaration that the vaccine is legal. Other companies such as VacGen have recently been awarded huge government contracts to manufacture a new anthrax vaccine.

6. A Kansas State University Study has definitely pointed to the anthrax vaccine as one of the major components of Gulf War Syndrome.

Smallpox Vaccine

Smallpox, one of the deadliest diseases to hit mankind, was eradicated by 1977. Many credit the smallpox vaccine, although the disease was on the decline before the vaccine was introduced, and the vaccine itself is known to be dangerously reactive. Again, there is a debate as to how much of a threat smallpox may be, when used as a biological weapon - and just who may have the capabilities of using it.

The Department of Defense now makes the smallpox vaccine another mandatory vaccine for our troops facing certain deployments. And yet...

the old vaccine was never subjected to controlled clinical trials
the new vaccine will not have to be proven effective in humans
standards for safety will be lowered to fast-track production
vaccine manufacturers, as well as healthcare providers -- physicians -- will be protected from liability for any vaccine-induced injuries or deaths, which are likely to occur

These four points come from the National Vaccine Information Center

A final point to make is that the military?s practice of administering multiple vaccines in one day compounds the problem. There must be some acknowledgement of the limits of the human immune system ? and acknowledgement the military is reluctant to make.

Please help us fight for the rights of our troops: for their right NOT to be used as medical experiments, and for their rights to fast, adequate medical care; and for the rights for those who have refused the unlawful orders to take these vaccines to have their names cleared. Thank you.

The Military Vaccine Action Committee, LLC

Randi Airola,Executive Director: or 517-819-5926

Kathy Hubbell, President: or 406-531-9355

Military Vaccine Action Committee, LLC

P.O. Box 8168 ? Missoula, MT 59807

PH: (406) 728-4595


web site:



CONTACT: Kathy Hubbell, President, (406) 531- 9355, or Randi Airola, Exec. Director, 517-819-5926

MISSOULA, MT: The newly formed Military Vaccine Action Committee, a non-connected PAC, strongly endorses Rep. Christopher Shay?s HB 5166, a bill introduced yesterday in the House of Representatives to ?prohibit the Department of Defense from requiring members of the Armed Forces to receive the anthrax and smallpox immunizations without their consent, to correct the records of service members previously punished for refusing to take these vaccines, and for other purposes.?

Both the anthrax and smallpox vaccines are mandatory for members of the armed services being deployed to certain areas around the world. However, the anthrax vaccine has long been known to be highly reactive and dangerous, something the Army?s own early research studies confirmed. The current FDA label on the vaccine admits that there can be up to a 35% systemic adverse reaction rate among those who take the vaccine; and a 2002 GAO report (Government Accounting Office, a government watch-dog agency) estimates the rate could be as high as 85%. Troops who have taken the anthrax vaccine report a wide variety of autoimmune and neurological system conditions, including grand

mal seizures, vertigo, short-term memory loss, tumors and cysts, heart problems, constant


HB 5166 in Congress; Military Vaccine Action Committee, pg. 2 of 2

migraine headaches, severe bone and joint pain, and severe hormone problems, as well as several types of autoimmune illnesses such as multiple sclerosis.

The smallpox vaccine, well-known for many years to have severe side-effects including heart problems, is not currently recommended for public (civilian) use due to its dangers, but is still forced upon the troops. Troops who refuse either of these vaccines are subject to court martial, a fine, time in a military prison, dishonorable discharge, and a felony conviction.

For more information on these vaccines, their symptoms, and their current use in the military, please visit the Military Vaccine Education Center at

?We again thank Rep. Shays for stepping forward to lead this fight in Congress,? says MVAC President Kathy Hubbell. ?He has held numerous hearings on this issue and continued to fight for the constitutional rights of our troops and veterans when others would just as soon look the other way. When thousands upon thousands of America?s finest men and women are willing to lay down their lives for the rest of us in this time of war, to have forced highly reactive, dangerous drugs on them, permanently ruining the health of so many, is abominable and must be stopped.?

The Military Vaccine Action Committee can be reached at (406) 531-9355, or by writing to or,0,758660.story

Bill Would Ease Rules On Military Vaccines

Courant Staff Writer

September 30, 2004

U.S. Rep. Christopher Shays is proposing a bill that would exempt service members from the punishments they received for refusing to take the controversial anthrax vaccine whose legality is under challenge in federal court.

"The rationale for administering these vaccines should be based on what we know about the threat," Shays, R-4th District, said Wednesday. "Until we have modern, safer, and proven effective countermeasures [vaccines], administering mandatory vaccinations for an unproven threat is counterproductive."

State Attorney General Richard Blumenthal agrees.

"I am strongly supportive of the bill's objectives and general provisions," said Blumenthal who has been critical of the vaccine's use. "The federal government should be held to a much higher standard when it administers these vaccines so that there is stronger assurance that they are safe and effective."

James Turner, a spokesman for the Department of Defense, did not comment on the bill Wednesday, but in the past, he and others in the department have insisted the anthrax vaccine is necessary, safe, effective and federally licensed. The department needs to make the vaccine mandatory to protect all troops in the field from attack, say defense officials.

Since administration of the vaccinations began six years ago, nearly 500 active-duty service members have refused the vaccine and more than 100 of them have been court-martialed, according to data filed in federal court earlier this year. About 500 to 1,000 pilots and flight crew members have retired or transferred from the Air National Guard or reserves rather than take the vaccine, government statistics show. On average, a pilot with nine years of experience cost the government about $6 million to train, according to a federal estimate.

The far-reaching bill would additionally create a national research center to focus on the health of service members deployed overseas.

Shays, the Stamford Republican, has for almost a decade been involved in Congressional investigations of the adverse effects of the anthrax vaccine and the so-called Gulf War illnesses reported by thousands of veterans.

Similar illnesses have been reported by thousands more U.S. service members who fought in Afghanistan and the present war in Iraq. Allied troops from Britain, Canada, Australia, and other nations fighting in those wars have also become ill, reportedly as a result of wartime exposures, as have Iraqi and Afghan civilians and soldiers.

The bill's other proposed requirements include:

- Voluntary instead of mandatory administration of the anthrax or smallpox vaccines to service members who agree after they have been informed of the risks of taking those vaccines.

- A defense department annual assessment for Congress of the actual biological threat of the future terrorist or enemy use of anthrax spores or the smallpox virus.

- An ongoing U.S. Department of Veterans Affairs' assessment of the adverse health effects of the two vaccines reported by members, and former members, of the armed forces.

- A separate VA ongoing assessment of the relationship, if any, between those adverse health effects and the vaccines.

In May, U.S. District Court Judge Emmet G. Sullivan in Washington, D.C., commenting on a lawsuit brought by service members against the mandatory use of the anthrax vaccine, said he has significant doubt about the vaccine's safety and effectiveness. His final ruling is expected later this fall.

Since President George W. Bush mandated the smallpox vaccination for service members, in late January, the defense department claims the adverse reaction rate has been minimal. Some service members are reluctant to take it because of the risk of adverse effects.
Copyright 2004, Hartford Courant