In an August 10 letter to Inspector General Donald Mancuso, Jones requested an inquiry into the issuance of an indemnification agreement between the Department of the Army and BioPort, the granting of a sole-source contract to BioPort for production of the anthrax vaccine despite its serious financial difficulties, and renegotiations of the contract resulting in increased financial assistance to BioPort.  A complete text of the letter is available upon request.

“While I understand the occasional need to revisit contracts between the government and its suppliers, I am increasingly concerned about the relationship between DOD and BioPort Corporation.  In recent congressional testimony, the Government Accounting Office acknowledged the great financial difficulties experienced by BioPort.  In fact, a June 1999 Defense Contract Audit Agency of BioPort’s financial condition revealed ‘substantial doubt that BioPort will be able to continue performing its contract,’” Jones wrote.  “Yet despite these serious questions regarding the overall viability of BioPort, the federal government has chosen to more than double the value of its existing contract.” 

“If a company is to be the sole producer of a vaccine for every member of our armed forces, it is imperative that every aspect of the relationship with that company be sound.  Failure to follow that principle jeopardizes the health and safety of the men and women in our military as well as that of their families.  At the same time, I am fearful it could also jeopardize the overall military readiness of our nation,” Jones wrote.

After hearing from a number of military officers and enlisted personnel who expressed valid concerns about the long-term effects of the anthrax vaccine, Congressman Jones introduced the American Military Health Protection Act, H.R. 2543.  The bill would make voluntary the current mandatory vaccine program until the Food and Drug Administration approves a new anthrax vaccine for humans or reduces its current, six-shot course.  

Following the introduction of Congressman Jones’ bill, Undersecretary of Defense Rudy de Leon requested an August 6 meeting with the Congressman to discuss his legislation.  Jones used the opportunity to again request that the program be made voluntary and expressed his concerns regarding the financial relationship between DOD and BioPort.

“This is just another example of the questions being raised about DOD’s mandatory anthrax vaccine program.  In order to ensure the safety of our men and women in uniform, these questions and others like them need to be answered.  I believe this investigation will help provide us with those needed answers,” Jones said.