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).
Transfers to Trust Fund
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).
Net revenues
Limitation on transfers to Vaccine Injury Compensation Trust Fund
Expenditures from Trust Fund
In general
Transfers for certain repayments
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.
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.
Liability of United States limited to amount in Trust Fund
General rule
Any claim filed against the Vaccine Injury Compensation Trust Fund may be paid only out of such Trust Fund.
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.
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.
Pub. L. 100–203, title IX, § 9202(a)101 Stat. 1330–330Pub. L. 100–647, title II, § 2006(b)102 Stat. 3613Pub. L. 101–239, title VII, § 7841(g)(1)103 Stat. 2429Pub. L. 103–66, title XIII, § 13421(b)107 Stat. 566Pub. L. 105–277, div. C, title XV, § 1504(a)112 Stat. 2681–741Pub. L. 106–170, title V, § 523(b)(1)113 Stat. 1927Pub. L. 106–554, § 1(a)(7) [title III, § 318(f)]114 Stat. 2763(Added , , ; amended , , ; , , ; , , ; , div. J, title IV, § 4003(d), , , 2681–909; , (2), , ; , , , 2763A–646.)
Editorial Notes
References in Text
act July 1, 1944, ch. 37358 Stat. 682section 201 of Title 42The Public Health Service Act, referred to in subsec. (c)(1)(A), is , . Subtitle 2 of title XXI of the Public Health Service Act is classified generally to part 2 (§ 300aa–10 et seq.) of subchapter XIX of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 99–660100 Stat. 3755section 201 of Title 42The National Childhood Vaccine Injury Act of 1986, referred to in subsec. (d)(2), is title III of , , , which is classified principally to subchapter XIX (§ 300aa–1 et seq.) of chapter 6A of Title 42. For complete classification of this Act to the Code, see Short Title of 1986 Amendments note set out under and Tables.
Amendments
Pub. L. 106–5542000—Subsec. (c)(1)(A). substituted “” for “”.
Pub. L. 106–170, § 523(b)(1)Pub. L. 105–277, § 1504(a)(2)1999—Subsec. (b)(3). , repealed . See 1998 Amendment note below.
Pub. L. 106–170, § 523(b)(1)Pub. L. 105–277, § 1504(a)(1)Subsec. (c)(1). , repealed . See 1998 Amendment note below.
Pub. L. 106–170, § 523(b)(2)Subsec. (c)(1)(A). , substituted “” for “”.
Pub. L. 105–277, § 4003(d)(2)1998—Subsec. (b)(3). , added par. (3).
Pub. L. 105–277, § 1504(a)(2)Pub. L. 106–170, § 523(b)(1), which directed amendment of subsec. (b) by adding a new par. (3) at the end, was repealed by .
Pub. L. 105–277, § 4003(d)(1)Subsec. (c)(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 , 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.”
Pub. L. 105–277, § 1504(a)(1)Pub. L. 106–170, § 523(b)(1), which directed the general amendment of par. (1), was repealed by .
Pub. L. 103–661993—Subsec. (c)(1). struck out “and before ,” after “,”.
Pub. L. 101–2391989—Subsec. (c)(1). 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”.
Pub. L. 100–6471988—Subsec. (a). inserted “appropriated or” before “credited” and “this section or” before “section 9602(b)”.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Pub. L. 106–170Pub. L. 105–277section 523(b)(3) of Pub. L. 106–170section 4132 of this titleAmendment by effective as if included in the provisions of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, , to which such amendment relates, see , set out as a note under .
Effective Date of 1998 Amendment
Pub. L. 105–277, div. C, title XV, § 1504(b)112 Stat. 2681–742Pub. L. 105–277, § 1504Pub. L. 105–34Pub. L. 106–170, title V, § 523(b)(1)113 Stat. 1927, , , which provided that the amendments made to this section by , were to take effect as if included in the provisions of the Taxpayer Relief Act of 1997, , to which they related, was repealed by , , .
section 4003(d) of Pub. L. 105–277Pub. L. 105–34lPub. L. 105–277section 86 of this titleAmendment by effective as if included in the provision of the Taxpayer Relief Act of 1997, , to which such amendment relates, see section 4003() of , set out as a note under .
Effective Date of 1989 Amendment
Pub. L. 101–239, title VII, § 7841(g)(2)103 Stat. 2429
Effective Date of 1988 Amendment
Pub. L. 100–647Pub. L. 100–203section 2006(c) of Pub. L. 100–647section 4132 of this titleAmendment by effective as if included in the amendments made by section 9201 of the Omnibus Budget Reconciliation Act of 1987, , see , set out as a note under .
Effective Date
Pub. L. 100–203, title IX, § 9202(c)101 Stat. 1330–331