VACCINE INJURY COMPENSATION TRUST FUND.

SEC. 9202. VACCINE INJURY COMPENSATION TRUST FUND. (a) In General.— Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end thereof the following new section: “SEC. 9510. VACCINE INJURY COMPENSATION TRUST FUND. “(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 credited to such Trust Fund as provided in 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). “(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. “(c) Expenditures from Trust Fund.— 101 STAT. 1330–331 “(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, and before October 1, 1992. “(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. “(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. “(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.” (b) Clerical Amendment.— The table of sections for such subchapter A is amended by adding at the end thereof the following new item: “Sec. 9510. Vaccine Injury Compensation Trust Fund.” (c) Effective Date.— The amendments made by this section shall take effect on January 1, 1988.