(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).
Amended 1988
- 1988 Pub. L. 100-647 Pub. L. 100–647 inserted “appropriated or” before “credited” and “this section or” before “section 9602(b)”.
(b) Transfers to Trust Fund
(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).
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(2) Net revenues For purposes of paragraph (1), the term “net revenues” means the amount estimated by the Secretary based on the excess of—
(A) the taxes received in the Treasury under section 4131 (relating to tax on certain vaccines), over
(B) the decrease in the tax imposed by chapter 1 resulting from the tax imposed by section 4131.
(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—
Amended 1998, 1999
- 1999 Pub. L. 106-170 Pub. L. 106–170, § 523(b)(1), repealed Pub. L. 105–277, § 1504(a)(2). See 1998 Amendment note below.
- 1998 Pub. L. 105-277 Pub. L. 105–277, § 4003(d)(2), added par. (3).
- 1998 Pub. L. 105-277 Pub. L. 105–277, § 1504(a)(2), which directed amendment of subsec. (b) by adding a new par. (3) at the end, was repealed by Pub. L. 106–170, § 523(b)(1).
(A) any provision of law which is not contained or referenced in this title or in a revenue Act, and
(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of this paragraph.
(c) Expenditures from Trust Fund
(1) In general Amounts in the Vaccine Injury Compensation Trust Fund shall be available, as provided in appropriation Acts, only for—
Amended 1989, 1993, 1998, 1999
- 1999 Pub. L. 106-170 Pub. L. 106–170, § 523(b)(1), repealed Pub. L. 105–277, § 1504(a)(1). See 1998 Amendment note below.
- 1998 Pub. L. 105-277 Pub. L. 105–277, § 4003(d)(1), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “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 the Federal Government in administering such subtitle.”
- 1998 Pub. L. 105-277 Pub. L. 105–277, § 1504(a)(1), which directed the general amendment of par. (1), was repealed by Pub. L. 106–170, § 523(b)(1).
- 1993 Pub. L. 103-66 Pub. L. 103–66 struck out “and before October 1, 1992,” after “September 30, 1988,”.
- 1989 Pub. L. 101-239 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”.
(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—
Amended 1999, 2000
- 2000 Pub. L. 106-554 Pub. L. 106–554 substituted “October 18, 2000” for “December 31, 1999”.
- 1999 Pub. L. 106-170 Pub. L. 106–170, § 523(b)(2), substituted “December 31, 1999” for “August 5, 1997”.
(i) which is administered after September 30, 1988, and
(ii) which is a taxable vaccine (as defined in section 4132(a)(1)) at the time compensation is paid under such subtitle 2, or
(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.
(2) Transfers for certain repayments
(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.
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(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.
(d) Liability of United States limited to amount in Trust Fund
(1) General rule Any claim filed against the Vaccine Injury Compensation Trust Fund may be paid only out of such Trust Fund.
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(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.
(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.