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To: Douglas who wrote (400)6/8/1999 8:20:00 AM
From: Douglas  Read Replies (2) | Respond to of 455
 
Vaccine and Microbicide Tax Credit Legislation
Introduced in Congress

Last week Congresswoman Nancy Pelosi (D., San Francisco),
Congressman Charles Rangel (D., Manhattan), and seven other
cosponsors introduced an important bill to stimulate research
and development of vaccines for HIV, malaria, tuberculosis,
and any other infectious disease which kills over a million
people each year. They have worked with industry to make a
bill which companies can support and use.

>From a summary of the bill by Congresswoman Pelosi:

"I. Tax Credit

"Provides a tax credit for qualified research and development
costs associated with research on vaccines for malaria,
tuberculosis, or HIV. Investments in vaccines for other
infectious diseases (of a single etiology) that cause over 1
million deaths per year would also qualify. The credit would
also apply to R&D costs for microbicides to prevent these
diseases.

"The tax credit equals 30% of total annual qualified R&D
investments. This is a 'flat' credit on all qualifying
expenditures in a given year. Like the Research and
Experimentation Tax Credit (R&E Credit), this tax credit
could be carried forward 15 years and backward three years.
The credit would be 'transferable' so that a company could
use the unclaimed tax credits of a company it acquires.
Smaller companies could choose to waive the credit and pass
it on to their equity investors who finance R&D on one of the
priority vaccines.

"'Qualified research' is the same as in the R&E Credit and
includes wages, salaries, supplies, certain time-sharing
costs for use of computers, and 75% of contract research
performed by research organizations. Buildings, overhead, and
fringe benefits are not qualified expenses. To be claimed
under the credit, R&D costs must be incurred in the United
States, except for human clinical trials abroad since trials
of these vaccines will be required in many countries.

"Developing a Plan for Access

"Companies that use the credit and develop a licensed product
would be obligated to establish a good-faith plan for the
widest possible global access to the vaccine. Companies would
*not* waive any rights to pricing, patent ownership, or
proprietary information.

"II. Vaccine Purchase Fund--Sense of Congress

"Expresses the Sense of Congress that the President and
federal agencies, including the Department of State, the
Department of Health and Human Services, and the Department
of the Treasury, should work together in support of the
creation and funding of multi-lateral international efforts,
such as a vaccine purchase fund, to accelerate the
introduction of priority vaccines into the poorest countries
of the world. Further, the bill expresses the Sense of
Congress that tiered or differential pricing for vaccines,
providing lowered tiered prices for the poorest countries, is
one of several valid strategies to accelerate the
introduction of vaccines in developing countries."

Comment

This bill is modeled on the highly successful Research and
Experimentation tax credit. But instead of applying only to
*increases* in research spending, the Lifesaving Vaccine
Technology Act of 1999 applies to all spending for qualified
purposes. It essentially contributes 30% public funding to
match 70% private funding for these projects.

The market failure and need for incentives is shown by a 1998
survey by PhRMA (Pharmaceutical Research and Manufacturers of
America) of new medicines being developed for infectious
diseases. Of the 43 vaccine projects listed, *none* were for
HIV, malaria, or tuberculosis--the three infectious diseases
which cause the most deaths by far.

This bill will probably face little opposition. But it will
need attention, since most of the bills introduced in
Congress do not become law. And the public does not fully
realize the linkage between global and domestic threats of
emerging and drug-resistant infectious diseases, in a world
of increasing population, increasing travel, and increasing
risk of biological warfare.

For More Information

The Lifesaving Vaccine Technology Act of 1999--the full text,
and Congressional actions--is in Thomas,
thomas.loc.gov, the Library of Congress Web site
which tracks current Federal legislation; search for
'vaccine' (or for the bill number, 'H.R. 1274').