I
106TH CONGRESS
1ST SESSION
H. R. 1274
To amend the Internal Revenue Code of 1986 to provide a credit for medical
research related to developing vaccines against widespread diseases.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1999
Ms. PELOSI (for herself, Mr. RANGEL, Ms. ESHOO, Ms. KILPATRICK, Mr.
LEWIS of Georgia, MCDERMOTT, Mr. MCNULTY, Mr. MATSUI, and Ms.
WOOLSEY) introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Com-
merce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To amend the Internal Revenue Code of 1986 to provide
a credit for medical research related to developing vac-
cines against widespread diseases.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Lifesaving Vaccine
Technology Act of 1999’’.
SEC. 2. CREDIT FOR MEDICAL RESEARCH RELATED TO DE-
VELOPING VACCINES AGAINST WIDESPREAD
DISEASES.
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 (relating to business related credits) is amended by
adding at the end the following new section:
‘‘SEC. 45D. CREDIT FOR MEDICAL RESEARCH RELATED TO
DEVELOPING 
VACCINES 
AGAINST 
WIDE-
SPREAD DISEASES.
‘‘(a) GENERAL RULE.—For purposes of section 38,
the vaccine research credit determined under this section
for the taxable year is an amount equal to 30 percent of
the qualified vaccine research expenses for the taxable
year.
‘‘(b) QUALIFIED VACCINE RESEARCH EXPENSES.—
For purposes of this section—
‘‘(1) 
QUALIFIED
VACCINE
RESEARCH
EX-
PENSES.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this paragraph, the term ‘qualified
vaccine research expenses’ means the amounts
which are paid or incurred by the taxpayer dur-
ing the taxable year which would be described
in subsection (b) of section 41 if such sub-
section were applied with the modifications set
forth in subparagraph (B).
‘‘(B) MODIFICATIONS.—For purposes of
subparagraph (A), subsection (b) of section 41
shall be applied—
‘‘(i) by substituting ‘vaccine research’
for ‘qualified research’ each place it ap-
pears in paragraphs (2) and (3) of such
subsection, and
‘‘(ii) by substituting ‘75 percent’ for
‘65 percent’ in paragraph (3)(A) of such
subsection.
‘‘(C) EXCLUSION FOR AMOUNTS FUNDED
BY GRANTS, ETC.—The term ‘qualified vaccine
research expenses’ shall not include any amount
to the extent such amount is funded by any
grant, contract, or otherwise by another person
(or any governmental entity).
‘‘(2) VACCINE RESEARCH.—The term ‘vaccine
research’ means research to develop vaccines and
microbicides for—
‘‘(A) malaria,
‘‘(B) tuberculosis,
‘‘(C) HIV, or
‘‘(D) any infectious disease (of a single eti-
ology) which, according to the World Health
Organization, causes over 1,000,000 human
deaths annually.
‘‘(c) COORDINATION WITH CREDIT FOR INCREASING
RESEARCH EXPENDITURES.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), any qualified vaccine research expenses
for a taxable year to which an election under this
section applies shall not be taken into account for
purposes of determining the credit allowable under
section 41 for such taxable year.
‘‘(2) EXPENSES
INCLUDED
IN
DETERMINING
BASE PERIOD RESEARCH EXPENSES.—Any qualified
vaccine research expenses for any taxable year which
are qualified research expenses (within the meaning
of section 41(b)) shall be taken into account in de-
termining base period research expenses for pur-
poses of applying section 41 to subsequent taxable
years.
‘‘(d) SPECIAL RULES.—
‘‘(1) LIMITATIONS ON FOREIGN TESTING.—No
credit shall be allowed under this section with re-
spect to any vaccine research (other than human
clinical testing) conducted outside the United States.
‘‘(2) CERTAIN
RULES
MADE
APPLICABLE.—
Rules similar to the rules of paragraphs (1) and (2)
of section 41(f) shall apply for purposes of this sec-
tion.
‘‘(3) ELECTION.—This section (other than sub-
section (e)) shall apply to any taxpayer for any tax-
able year only if such taxpayer elects to have this
section apply for such taxable year.
‘‘(e) SHAREHOLDER EQUITY INVESTMENT CREDIT
IN LIEU OF RESEARCH CREDIT.—
‘‘(1) IN GENERAL.—For purposes of section 38,
the vaccine research credit determined under this
section for the taxable year shall include an amount
equal to 20 percent of the amount paid by the tax-
payer to acquire qualified research stock in a cor-
poration if—
‘‘(A) the amount received by the corpora-
tion for such stock is used within 18 months
after the amount is received to pay qualified
vaccine research expenses of the corporation for
which a credit would (but for subparagraph (B)
and subsection (d)(3)) be determined under this
section, and
‘‘(B) the corporation waives its right to the
credit determined under this section for the
qualified vaccine research expenses which are
paid with such amount.
‘‘(2) QUALIFIED RESEARCH STOCK.—For pur-
poses of paragraph (1), the term ‘qualified research
stock’ means any stock in a C corporation—
‘‘(A) which is originally issued after the
date of the enactment of the Lifesaving Vaccine
Technology Act of 1999,
‘‘(B) which is acquired by the taxpayer at
its original issue (directly or through an under-
writer) in exchange for money or other property
(not including stock), and
‘‘(C) as of the date of issuance, such cor-
poration meets the gross assets tests of sub-
paragraphs (A) and (B) of section 1202(d)(1).’’
(b) INCLUSION IN GENERAL BUSINESS CREDIT.—
(1) IN GENERAL.—Section 38(b) of such Code
is amended by striking ‘‘plus’’ at the end of para-
graph (11), by striking the period at the end of
paragraph (12) and inserting ‘‘, plus’’, and by add-
ing at the end the following new paragraph:
‘‘(13) the vaccine research credit determined
under section 45D.’’.
(2) TRANSITION RULE.—Section 39(d) of such
Code is amended by adding at the end the following
new paragraph:
‘‘(9) NO CARRYBACK OF SECTION 45D CREDIT
BEFORE
ENACTMENT.—No portion of the unused
business credit for any taxable year which is attrib-
utable to the vaccine research credit determined
under section 45D may be carried back to a taxable
year ending before the date of the enactment of sec-
tion 45D.’’.
(c) DENIAL OF DOUBLE BENEFIT.—Section 280C of
such Code is amended by adding at the end the following
new subsection:
‘‘(d) CREDIT FOR QUALIFIED VACCINE RESEARCH
EXPENSES.—
‘‘(1) IN GENERAL.—No deduction shall be al-
lowed for that portion of the qualified vaccine re-
search expenses (as defined in section 45D(b)) oth-
erwise allowable as a deduction for the taxable year
which is equal to the amount of the credit deter-
mined for such taxable year under section 45D(a).
‘‘(2) CERTAIN RULES TO APPLY.—Rules similar
to the rules of paragraphs (2), (3), and (4) of sub-
section (c) shall apply for purposes of this sub-
section.’’.
(d) DEDUCTION FOR UNUSED PORTION OF CRED-
IT.—Section 196(c) of such Code (defining qualified busi-
ness credits) is amended by striking ‘‘and’’ at the end of
paragraph (7), by striking the period at the end of para-
graph (8) and inserting ‘‘, and’’, and by adding at the
end the following new paragraph:
‘‘(9) the vaccine research credit determined
under section 45D(a) (other than such credit deter-
mined under the rules of section 280C(d)(2)).’’.
(e) CLERICAL AMENDMENT.—The table of sections
for subpart D of part IV of subchapter A of chapter 1
of such Code is amended by adding at the end the fol-
lowing new item:
‘‘Sec. 45D. Credit for medical research related to developing vac-
cines against widespread diseases.’’.
(f) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years ending after the
date of the enactment of this Act.
(g) DISTRIBUTION OF VACCINES DEVELOPED USING
CREDIT.—It is the sense of the Congress that if credit
is allowed under section 45D of the Internal Revenue Code
of 1986 to any corporation or shareholder of a corporation
by reason of vaccine research expenses incurred by the
corporation in the development of a vaccine, such corpora-
tion should certify to the Secretary of the Treasury that,
within 1 year after that vaccine is first licensed, such cor-
poration will establish a good faith plan utilizing tech-
nology transfer, differential pricing, in-country produc-
tion, or other mechanisms to maximize international ac-
cess to high quality and affordable vaccines. The preceding
sentence shall not be construed to waive rights to set
prices, patent ownership, or confidentiality of privileged
information.
(h) STUDY.—The Institute of Medicine shall conduct
a study of the effectiveness of the credit under section 45D
of the Internal Revenue Code of 1986 in stimulating vac-
cine research. Not later than the date which is 5 years
after the date of the enactment of this Act, the Institute
of Medicine shall submit to the Congress the results of
such study together with any recommendations it may
have to improve the effectiveness of such credit in stimu-
lating vaccine research.
SEC. 3. SENSE OF CONGRESS.
(a) ACCELERATION OF INTRODUCTION OF PRIORITY
VACCINES.—It is 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 vig-
orous support of the creation and funding of a multi-lat-
eral, international effort, such as a vaccine purchase fund,
to accelerate the introduction of vaccines to which the
credit under section 45D of the Internal Revenue Code
of 1986 applies and of other priority vaccines into the
poorest countries in the world.
(b) FLEXIBLE PRICING.—It is the sense of Congress
that flexible or differential pricing for vaccines, providing
lowered prices for the poorest countries, is one of several
valid strategies to accelerate the introduction of vaccines
in developing countries.
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