Letter from Senator Pat Toomey re: The Medical Device Excise Tax

October 26, 2017

Dear Frank,

Thank you for contacting me concerning the medical device excise tax. I appreciate hearing from you.

Pennsylvania is currently the fourth-largest producer of medical devices in the country and home to 614 medical device companies. The industry has the potential to create tens of thousands of new jobs in Pennsylvania and across the country. America is the global leader in medical device research and development, but a 2.3 percent excise tax on device sales contained in former President Obama's health care law threatens jobs, innovation, and ultimately, patients.

This tax is poorly designed because it applies to a business' revenue - not just profits - which directly penalizes small, up-and-coming companies that have not yet broken even on their investments. This tax is not only resulting in companies having less money with which to hire new workers, it is also preventing the development of potentially life-saving technologies.

For these reasons, I am committed to the repeal of this harmful tax and remain optimistic we can accomplish this goal. I have voted on several occasions to repeal Obamacare's job-killing regulations and taxes, including the medical device tax, most recently on July 28, 2017. Unfortunately, these measures did not gain enough support to pass the Senate. I am disappointed with this setback in the efforts to repeal this ill-conceived tax and I will continue to work towards relief for medical device manufacturers and the patients they serve. I am an original cosponsor of the bipartisan Medical Device Access and Innovation Protection Act (S. 108), which was reintroduced on January 12, 2017 and would repeal the medical device tax outright. I promise to continue to work to pass this important measure and send it to the President for his signature.

As you may know, the application of the medical device tax was delayed for two years as part of a major tax and government funding measure that passed the Senate on December 17, 2015 by a vote of 65-33.  This measure was subsequently signed into law.

I will continue working with colleagues on both sides of the aisle for full repeal this destructive tax and defend the high-paying Pennsylvania jobs depending on medical device sector's vitality. Thank you again for your correspondence. Please do not hesitate to contact me in the future if I can be of assistance.

Sincerely,
 

Pat Toomey
U.S. Senator, Pennsylvania

Letter in support of the CDMRP & the MSRP

October 19, 2017

The Honorable Mac Thornberry
Chairman
House Committee on Armed Services
2216 Rayburn House Office Building
Washington, DC 20015

Dear Mr. Chairman,

As you work to resolve differences in the House-Senate conference committee for the fiscal year 2018 National Defense Authorization Act (NDAA), the National Multiple Sclerosis Society (Society) wanted to ensure that you and your colleagues are aware of the importance of the programs that comprise the Congressionally Directed Medical Research Program (CDMRP), particularly the Multiple Sclerosis Research Program (MSRP) to members of the U.S. military and their families.

A recent Politico article entitled Space Corps, budget debates top NDAA conference issues, discusses several provisions (Sections 733, 891, 892, and 893) of the Senate-approved version of the NDAA. These provisions would restrict the types of research that could be funded at the Department of Defense (DoD) and add burdensome contracting and auditing requirements designed for large weapons system contracts to the research funded by the CDMRPs. You were quoted in the article, stating that you “worry that, over time this whole (CDMRP) program has grown so much to have so many diseases and conditions that have very tenuous, if any, connection with DoD that can’t be sustained.”

The Society opposes these provisions, and believes that the MSRP showcases how individual CDMRPs provide innovative research to improve the health of our military service members. Today, there are currently over 32,000 veterans with diagnosed multiple sclerosis (MS) and over 11,000 of those veterans have a service connected disability for MS. MS is an unpredictable, often disabling disease of the central nervous system that interrupts the flow of information within the brain, and between the brain and the body. Symptoms range from numbness and tingling to blindness and paralysis. The progress, severity and specific symptoms of MS in any one person cannot yet be predicted.

Currently, there is a presumptive period for a service connected benefit for MS. Individuals who are diagnosed with MS while they are in the military or within seven years of their honorable discharge are eligible for a service-connected disability.

•A 2003 review found that, 5,345 veterans that served in Vietnam and the first Gulf War were diagnosed with MS that was deemed "service-connected." The relative risk for developing MS also was significantly higher for this group of veterans than those who served in World War II and the Korean War.

• Recently, an advisory committee commissioned by the VA recommended further study into the potential link between combat service and the increased risk of developing MS.

More research into the risk of developing MS and improving diagnosis in deployed service members is critical to preserving military strength and readiness. If a service member’s risk of developing MS is 2 increased by their military service, it is the DoD’s responsibility to ensure that research is done to identify ways to mitigate that risk and to provide for the best care possible for that service member once they return home and transition back into civilian life.

The MSRP is currently funded at $6 million dollars to “prevent, cure, reverse, or slow the progression, and lessen the personal and societal impact of multiple sclerosis.” Research within the MSRP is aimed at ways to reduce disease progression, reverse damage, and identify a cure; enabling those serving our country who develop MS to continue their service, improve health outcomes and reverse the impact of MS on service ranks. Society volunteer Kevin Byrne lives with MS and has spoken frankly about the impact of MS on military readiness:

“I was diagnosed while deployed overseas, in command of U.S. Army Air Cavalry Troop. Despite the ravaging effects of my disease, I remained in command. I served my soldiers and our country for an additional nine months before returning to the States to process for medical retirement. Our country lost a force multiplier because we do not yet have a way to lessen the impact of multiple sclerosis.”

The innovative high-risk, high-reward peer-reviewed research model of the MSRP allows it to be nimble and shift the focus to timely, emerging needs. The MSRP utilizes a two-tiered peer review model, one level made up of scientific experts in the field, and one made up of consumer reviewers – non-scientists who live with MS. Many of these consumer reviewers are veterans, who bring their unique perspectives to guide what research will be funded and most valuable to the DoD and active duty service members. Though a relatively new program, the MSRP is funding research that has the potential to vastly improve MS diagnosis, develop imaging biomarkers and therapeutic targets to guide future MS treatments, and utilize patientspecific stem cell therapies for not only MS, but all neurological conditions.

Continued Congressional support and investment in the MSRP is greatly important to those who live with MS. We believe that you and your colleagues should understand importance of the research funded by this program as you make decisions that will impact the future of all CDMRPs. We welcome the opportunity to meet with you personally to discuss these issues with you prior to the conference committee deliberations. If you have any questions, please do not hesitate to contact Leslie Ritter, Senior Director, Federal Government Relations at Leslie.Ritter@nmss.org or (202) 408-0681.


Sincerely, Bari Talente
Executive Vice President, Advocacy
National Multiple Sclerosis Society

cc: Senator John McCain
      Senator Jack Reed
      Representative Adam Smith

Facebook & Twitter post being addressed to all House of Representatives NDAA Conferees

As an MS activist, Vietnam veteran, 2116 CDMRP/MSRP grant evaluator and person diagnosed with Multiple Sclerosis, I am writing to express my concern about several provisions included in the Senate-approved National Defense Authorization Act (NDAA) that would severely restrict, and perhaps even prohibit, the Department of Defense from conducting important research on MS and other medical conditions Veterans endure.

Specifically, I respectfully request that the following four provisions (sections 733, 891, 892, and 893) be excluded from the final NDAA conference bill. If these sections are included in the final National Defense Authorization Act it will weaken the Department of Defense’s medical research program, jeopardizing health care for warfighters, veterans, and their families both now and in the future.

Gone but not forgotten

6 years ago we retired to Pittsburgh, PA. The Mitsubishi Bike Team lives on in Orange County California raising funds needed to solve the mysteries of Multiple Sclerosis. After 6 years the team continues to include me in their dedication! Need I say I love these men and women that make up the team? I do have to give a special, "Shout-out" to Team Captain David Brooks; his dedication to the mission is phenomenal and he has demonstrated that dedication time and time again. Click on the following link and make a donation to Team Mitsubishi. Thank You for taking the time to read this post.

Make a donation:  http://main.nationalmssociety.org/site/TR?fr_id=29046&pg=team&team_id=512191

LIFE, REAL, CHALLENGE

Different people will see the same subject in a different light. Many people say that the roadmap to the future is best left in the hands of others. Many people believe that a meaningful endeavor is unreal. That change is not practical, is a chance at best or is to high of risk. Many people do not understand or claim that they don’t that success and happiness is not solely in the sum of power, position, conquest or possessions.

These views are not those of a caring, understanding, benevolent, enlighten, progressive society. To truly live in the world we must always try to see the world as it is. We should always drive to understand, to be open and be ready to listen. We always should question and debate. We must always speak from the heart. We should always drive to use our talents to the best of our abilities. We should always strive to be ready to listen, to be open. We should never fear the consequences of these actions.

Let us consider some of our most basic common personal attributes for a moment. We all seek meaning, not to just survive. We all seek the best from our life for ourselves, for our families and for those closest to us. Quality and spirit of life justify and support all of our efforts. We all have performed an act of kindness or healed a wound. It is our nature to want to build and create something beautiful. Vitality, passion, will and determination are parts of who we are. Compassion, Love, Trust, Faith and Honor is the framework that drive us. These are elements that have built the true sum of our souls.

Many years ago our team accepted a call to action to from the MS Society to help make the world free of MS. We became part of Bike MS because some of us have a direct connection with MS but all feel strongly about what we are doing and are passionate about supporting the MS Society. Through the years we have seen many advances in MS Research, treatment and assistance to families affected by this disease. We have learned and tried to be strong advocates for the MS community. And we have engaged others to join the MS Movement.

It may always seem simple, not always easy. But humanities reason and spirit have often solved the seemingly unsolvable. The engine is a desire to be empowered and fulfilled. The motivation is to achieve, a pride in the task and the peaceful joy of discovery while pushing oneself. We are not discussing an absolute, infinite concept. Not of a dramatic change in the way you live or in your belief. It requires concrete motion and practical application. It is a day to day conviction to do what we can. To do what is right.

What does this mean to you? Action from the heart is a force stronger than the physical monuments we have built for ourselves and to our society. These actions mold the present, shape the future and last forever. By taking action you fuel others to move closer together, ignite ideas and spark change.
 This is not a finish, but it is a start. It starts right now. Please join the movement to make the world free of MS. Join our team or make a donation. Should we let this dream slip away; we will never truly understand it's promise of peace. Together we are stronger.

This year's ride is dedicated to: Frank Austin- Champion (of MS), Bob Dew, Anette Hogan, Kelly Clark, Starr Velez, Barbara Ferrante, Iginia Felix, Krista Anderson, Matt Bolcer, Diane Foti, Karen Patterson, Amy Courington, Maria Orozco, Dominick Codispodo, Richard Hausman, Joanna Bremner, Stephanie Cole, Donald Songster, Maria Elena Ortega Pew, Yvonne Cofer, Joe Chochrek, Maggie Finn, Yaz Taley, Kim Boileau, Dorthy Witzke and Donna Harrington.

NDAA Letter

Email to Congressman Tim Murphy;

Passed last month, the Fiscal Year 2018 Senate NDAA bill includes four provisions that--if enacted--would weaken the Department of Defense's medical research program. As a person affected by MS and your constituent, I am deeply concerned these provisions would severely restrict research on multiple sclerosis particularly through the MS Research Program. 

I respectfully request that you co-sign the bipartisan Dear Colleague letter to the Chairs and Ranking Members of the US House and Senate Armed Services Committees urging them to exclude the Senate bill's four provisions from the final NDAA conference bill (sections 733, 891, 892, and 893).

As a constituent, MS Activist, veteran and evaluator of previous CDMRP/MSRP Grant Applications please support this vital research and sign the Dear Colleague letter.

To sign onto this important letter, please contact Elle Ciapciak (Elle.Ciapciak@mail.house.gov) in Rep. Costello's office, Deena.Tauster (Deena.Tauster@mail.house.gov) in Rep. King's office, Maddie Bushnell (Maddie.Bushnell@mail.house.gov) in Re. Loebsack's office, or Patrick Newbold (Patrick.Newbold@mail.house.gov) in Rep. Bishope's office.

Sincerely,

Letter to Senators Casey and Toomey

Dear Senator,

As an MS activist, Vietnam veteran, 2116 CDMRP/MSRP grant evaluator and person diagnosed with Multiple Sclerosis, I am writing to express my concern about several provisions included in the Senate-approved National Defense Authorization Act (NDAA) that would severely restrict, and perhaps even prohibit, the Department of Defense from conducting research on MS and other important medical conditions.

Specifically, I urge you to sign the letter included in the text of this letter and that is being circulated by Senators Richard Durbin (D-IL) and Roy Blunt (R-MO).  This letter calls for the exclusion from the final NDAA of four provisions that—if enacted—would weaken the Department of Defense’s medical research program, jeopardizing health care for warfighters, veterans, and their families both now and in the future.

Please contact either Rob Leonard in Senator Durbin’s office at Rob_Leonard@durbin.senate.gov or Dan Burgess in Senator Blunt’s office at Dan_Burgess@blunt.senate.gov by Thursday, October 5 to sign onto this important letter.  Thank you in advance for your support of medical research.

Sincerely,

Frank Austin

56 Hennig Drive

Pittsburgh, PA 15236

Tel: (412) 943-7019

f.frank.austin@gmail.com

September XX, 2017

The Honorable John McCain                                   The Honorable Mac Thornberry

Chairman                                                                  Chairman

Senate Committee on Armed Services                    House Committee on Armed Services

Russell Senate Building, Room 228                        2216 Rayburn House Office Building

Washington, DC 20510                                           Washington, DC 20515

The Honorable Jack Reed                                        The Honorable Adam Smith

Ranking Member                                                     Ranking Member

Senate Committee on Armed Services                    House Committee on Armed Services

Russell Senate Building, Room 228                        2216 Rayburn House Office Building

Washington, DC 20510                                           Washington, DC 20515

Dear Chairmen McCain and Thornberry and Ranking Members Reed and Smith:

        The National Defense Authorization Act (NDAA) is critical legislation that provides authorities and framework for the Department of Defense to meet its obligations to our national defense, and care for those Americans who serve our country in uniform. Unfortunately, the Fiscal Year 2018 Senate NDAA bill includes four provisions that—if enacted—would weaken the Department of Defense’s medical research program, jeopardizing health care for warfighters, veterans, and their families both now and in the future. We respectfully request that these four provisions (sections 733, 891, 892, and 893) be excluded from the final NDAA conference bill.

During consideration of last year’s NDAA bill, similar provisions were inserted into the base bill before it was considered by the full Senate. On an overwhelmingly bipartisan basis, the Senate voted in favor of a Durbin-Cochran amendment to remove the problematic provisions (by a vote of 66-32). This year, Senators Durbin and Blunt—joined by 51 additional bipartisan cosponsors—filed an amendment to once again remove the concerning language (amendment #592). Unfortunately, the full Senate did not have the opportunity to vote on the Durbin-Blunt amendment this year. Had the Senate voted on the amendment to protect defense medical research, there is no doubt it would have easily passed.

        Established in 1992, the Congressionally-Directed Medical Research Program (CDMRP) strives to transform healthcare for service members and the American public through innovative and impactful biomedical research. Between 1992 and 2017, Congress has, on a bipartisan basis, provided the CDMRP with $11.9 billion in funding to fill military-relevant research gaps by supporting high impact, high risk, and high gain projects that other agencies and private investors may be unwilling to fund. Over the past 25 years, funding provided through the CDMRP has resulted in significant medical breakthroughs that have both improved and saved lives.

        The CDMRP supported the first-ever double hand transplantation procedure on a combat-wounded quadruple amputee. The program provided the funding needed to develop the first neural-controlled lower-extremity prosthesis and contributed to the success of the world’s first thought-controlled bionic leg. Funding from CDMRP directly led to the development of Herceptin, an FDA-approved drug now widely used to fight breast cancer—saving the lives of women serving in our military, as well as countless wives, mothers, and daughters that make up military families and our communities. Grants supported by CDMRP have brought numerous potential new treatments for prostate cancer into later-stage clinical trials and identified additional genetic risk factors for developing Parkinson’s disease—including two rare variants that we now know connect the risk of Parkinson’s with traumatic injury to the head.

        Research funded by the CDMRP has advanced our understanding of diseases and conditions, directly led to new cures and treatments, and improved the health and well-being of our military and civilian families. Unfortunately, this critical program would be effectively eliminated if sections 733, 891, 892, and 893 of the Fiscal Year 2018 Senate NDAA bill were to become law.

        These sections would prohibit CDMRP from funding medical research that benefits veterans, retirees, military spouses, or children of military members (section 733); would require medical research grant applicants to meet the same accounting and price standards that the Department of Defense requires for multi-billion dollar weapons development contracts (section 891); would change the ground rules for how we handle technical data generated by this research, discouraging potential grant applicants from partnering with the government (section 892); and would require the Defense Contract Audit Agency (DCAA) to conduct audits on every grant recipient (section 893). The DCAA is currently backlogged with tens of billions of dollars-worth of procurement contracts that it is responsible for auditing and yet this provision would add to the pile by requiring the DCAA to conduct an additional 800 audits per month on medical research grants.  

        Put simply, these four provisions seek to end the CDMRP by burying it in onerous and unnecessary requirements and excessive amounts of red tape. When asked about the impact of these provisions on the CDMRP, the Department of Defense said, “This language would, in essence, eliminate military family and military retiree relevant medical research, inhibit military medical training programs, and impact future health care cost avoidance. Impacts will take place across all areas… [Researchers] would most likely not want to do business with the DoD. … [The provisions] may create a chilling effect on potential awardees of DoD assistance agreements.”

        Considering that these four problematic provisions were not included in the House-passed NDAA bill and given the broad bipartisan support in the Senate—both last year and this year—for preserving and supporting medical research funded by the Department of Defense, we request that the NDAA Conference Committee reject, in no uncertain terms, sections 733, 891, 892, and 893 of the Fiscal Year 2018 Senate NDAA bill. Thank you for your prompt and urgent consideration.

___________________________ RICHARD J. DURBIN United States Senator	___________________________ ROY BLUNT United States Senator
___________________________ XXX United States Senator	___________________________ XXX United States Senator
___________________________ XXX United States Senator	___________________________ XXX United States Senator