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Sec. 9510. Vaccine Injury Compensation Trust Fund

I.R.C. § 9510(a) Creation Of Trust Fund
There is established in the Treasury of the United States a trust fund to be known as the “Vaccine Injury Compensation Trust Fund”, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b).
I.R.C. § 9510(b) Transfers To Trust Fund
I.R.C. § 9510(b)(1) In General
There are hereby appropriated to the Vaccine Injury Compensation Trust Fund amounts equivalent to the net revenues received in the Treasury from the tax imposed by section 4131 (relating to tax on certain vaccines).
I.R.C. § 9510(b)(2) Net Revenues
For purposes of paragraph (1), the term “net revenues" means the amount estimated by the Secretary based on the excess of—
I.R.C. § 9510(b)(2)(A)
the taxes received in the Treasury under section 4131 (relating to tax on certain vaccines), over
I.R.C. § 9510(b)(2)(B)
the decrease in the tax imposed by chapter 1 resulting from the tax imposed by section 4131.
I.R.C. § 9510(b)(3) Limitation On Transfers To Vaccine Injury Compensation Trust Fund
No amount may be appropriated to the Vaccine Injury Compensation Trust Fund on and after the date of any expenditure from the Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to—
I.R.C. § 9510(b)(3)(A)
any provision of law which is not contained or referenced in this title or in a revenue Act, and
I.R.C. § 9510(b)(3)(B)
whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph.
I.R.C. § 9510(c) Expenditures From Trust Fund
I.R.C. § 9510(c)(1) In General
Amounts in the Vaccine Injury Compensation Trust Fund shall be available, as provided in appropriation Acts, only for—
I.R.C. § 9510(c)(1)(A)
the payment of compensation under subtitle 2 of title XXI of the Public Health Service Act (as in effect on October 18, 2000) for vaccine-related injury or death with respect to any vaccine—
I.R.C. § 9510(c)(1)(A)(i)
which is administered after September 30, 1988, and
I.R.C. § 9510(c)(1)(A)(ii)
which is a taxable vaccine (as defined in section 4132(a)(1)) at the time compensation is paid under such subtitle 2, or
I.R.C. § 9510(c)(1)(B)
the payment of all expenses of administration (but not in excess of $9,500,000 for any fiscal year) incurred by the Federal Government in administering such subtitle.
I.R.C. § 9510(c)(2) Transfers For Certain Repayments
I.R.C. § 9510(c)(2)(A) In General
The Secretary shall pay from time to time from the Vaccine Injury Compensation Trust Fund into the general fund of the Treasury amounts equivalent to amounts paid under section 4132(b) and section 6416 with respect to the taxes imposed by section 4131.
I.R.C. § 9510(c)(2)(B) Transfers Based On Estimates
Transfers under subparagraph (A) shall be made on the basis of estimates by the Secretary, and proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
I.R.C. § 9510(d) Liability Of United States Limited To Amount In Trust Fund
I.R.C. § 9510(d)(1) General Rule
Any claim filed against the Vaccine Injury Compensation Trust Fund may be paid only out of such Trust Fund.
I.R.C. § 9510(d)(2) Coordination With Other Provisions
Nothing in the National Childhood Vaccine Injury Act of 1986 (or in any amendment made by such Act) shall authorize the payment by the United States Government of any amount with respect to any such claim out of any source other than the Vaccine Injury Compensation Trust Fund.
I.R.C. § 9510(d)(3) Order In Which Unpaid Claims To Be Paid
If at any time the Vaccine Injury Compensation Trust Fund has insufficient funds to pay all of the claims out of such Trust Fund at such time, such claims shall, to the extent permitted under paragraph (1) be paid in full in the order in which they are finally determined.
(Added Pub. L. 100-203, title IX, Sec. 9202(a), Dec. 22, 1987, 101 Stat. 1330-330, and amended Pub. L. 100-647, title II, Sec. 2006(b), Nov. 10, 1988, 102 Stat. 3613; Pub. L. 101-239, title VII, Sec. 7841(g)(1), Dec. 19, 1989, 103 Stat. 2429; Pub. L. 103-66, title XIII, Sec. 13421(b), Aug. 10, 1993, 107 Stat. 312; Pub. L. 105-277, title IV, Sec. 4003(d), Oct. 21, 1998, 112 Stat 2681; Pub. L. 106-170, title V, Sec. 532, Dec. 17, 1999, 113 Stat. 1860; Pub. L. 106-554, Sec. 318, Dec. 21, 2000, 114 Stat. 2763.)
BACKGROUND NOTES
AMENDMENTS
2000 - Subsec. (c)(1)(A). Pub. L. 106-554, Sec. 318(f), substituted “October 18, 2000” for “December 31, 1999”.
1999 - Subsec. (c)(1)(A). Pub. L. 106-170, Sec. 523(b)(2), substituted “December 31, 1999” for “August 5, 1997”.
1998 - Subsec. (b)(3). Pub. L. 105-277, Sec. 4003(d)(2), added par. (3).
Subsec. (c)(1). Pub. L. 105-277, Sec. 4003(d)(1), amended par. (1). Prior to amendment it read as follows:
“(1) In general.—Amounts in the Vaccine Injury Compensation Trust Fund shall be available, as provided in appropriation Acts, only for the payment of compensation under subtitle 2 of title XXI of the Public Health Service Act (as in effect on the date of the enactment of this section) for vaccine-related injury or death with respect to vaccines administered after September 30, 1988 or for the payment of all expenses of administration (but not in excess of ($6,000,000 for any fiscal year) incurred by Federal Government in administering such subtitle.”
1993 - Subsec. (c)(1). Pub. L. 103-66, Sec. 13241(b), amended par. (1) by striking “and before October 1, 1992,” after “September 30, 1988,”.
1989 - Subsec. (c)(1). Pub. L. 101-239 inserted before period at end “, or for the payment of all expenses of administration (but not in excess of $6,000,000 for any fiscal year) incurred by the Federal Government in administering such subtitle”.
1988 - Subsec. (a). Pub. L. 100-647 inserted “appropriated or” before “credited” and “this section or” before “section 9602(b)”.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Sec. 523(b)(2) of Pub. L. 106-170 effective as if included in the 1999 Omnibus Consolidated and Emergency Supp. Approp. Act.
EFFECTIVE DATE OF 1998 AMENDMENTS
Amendments by Sec. 4003(d) of Pub. L. 105-277 effective as if included in the provisions of the Taxpayer Relief Act of 1997 to which they relate.
EFFECTIVE DATE OF 1993 AMENDMENT
Amendment by Sec. 13241(b) of Pub. L. 103-66 effective August 10, 1993.
EFFECTIVE DATE OF 1989 AMENDMENT
Section 7841(g)(2) of Pub. L. 101-239 provided that: “The amendment made by paragraph (1) (amending this section) shall apply to fiscal years beginning after September 30, 1989.”
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 effective as if included in the amendments made by section 9201 of the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, see section 2006(c) of Pub. L. 100-647, set out as a note under section 4132 of this title.
EFFECTIVE DATE
Section 9202(c) of Pub. L. 100-203 provided that: “The amendments made by this section (enacting this section) shall take effect on January 1, 1988.”
FLOOR STOCKS TAX
Section 13421(c) of Pub. L. 103-66 provided:
“(c) FLOOR STOCKS TAX.—
“(1) IMPOSITION OF TAX.--On any taxable vaccine --
“(A) which was sold by the manufacturer, producer, or importer on or before the date of the enactment of this Act,
“(B) on which no tax was imposed by section 4131 of the Internal Revenue Code of 1986 (or, if such tax was imposed, was credited or refunded), and
“(C) which is held on such date by any person for sale or use, there is hereby imposed a tax in the amount determined under section 4131(b) of such Code.
“(2) LIABILITY FOR TAX AND METHOD OF PAYMENT.--
“(A) LIABILITY FOR TAX.--The person holding any taxable vaccine to which the tax imposed by paragraph (1) applies shall be liable for such tax.
“(B) METHOD OF PAYMENT.-- The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations.
“(C) TIME FOR PAYMENT.--The tax imposed by paragraph (1) shall be paid on or before the last day of the 6th month beginning after the date of the enactment of this Act.
“(3) DEFINITIONS.-- For purposes of this subsection, terms used in this subsection which are also used in section 4131 of such Code shall have the respective meanings such terms have in such section.
“(4) OTHER LAWS APPLICABLE.-- All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4131 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 4131.”