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103D CONGRESS

1ST SESSION H. R. 1576

To amend the Internal Revenue Code of 1986 to reinstate the excise tax

on certain vaccines and extend the Vaccine Injury Compensation Trust Fund.

IN THE HOUSE OF REPRESENTATIVES

MARCH 31, 1993

Mr. MATSUI introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to reinstate

the excise tax on certain vaccines and extend the Vaccine

Injury Compensation Trust Fund.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EXTENSION OF THE EXCISE TAX ON CERTAIN

4 VACCINES AND THE VACCINE INJURY COM5 PENSATION TRUST FUND.

6 (a) TAX.—Paragraphs (2) and (3) of section 4131(c)

7 of the Internal Revenue Code of 1986 (relating to tax on

8 certain vaccines) are each amended by striking ‘‘1992’’

9 each place it appears and inserting ‘‘1994’’.
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1 (b) TRUST FUND.—Paragraph (1) of section 9510(c)

2 of such Code (relating to expenditures from Vaccine In3 jury Compensation Trust Fund) is amended by striking

4 ‘‘1992’’ and inserting ‘‘1994’’.

5 (c) APPLICATION OF TAX.—Section 4131 of such

6 Code is amended by adding at the end thereof the follow7 ing new subsection:

8 ‘‘(d) APPLICATION OF SECTION.—The tax imposed

9 by this section shall apply—

10 ‘‘(1) after December 31, 1987, and before Jan11 uary 1, 1993, and

12 ‘‘(2) except as provided subsection (c), during

13 periods after the date of the enactment of this sub14 section.’’

15 (d) STUDY.—The Secretary of the Treasury, in con16 sultation with the Secretary of Health and Human Serv17 ices, shall conduct a study of—

18 (1) the estimated amount that will be paid from

19 the Vaccine Injury Compensation Trust Fund with

20 respect to vaccines administered after September

21 30, 1988, and before October 1, 1994,

22 (2) the rates of vaccine-related injury or death

23 with respect to the various types of such vaccines,
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1 (3) new vaccines and immunization practices

2 being developed or used for which amounts may be

3 paid from such Trust Fund,

4 (4) whether additional vaccines should be in5 cluded in the vaccine injury compensation program,

6 and

7 (5) the appropriate treatment of vaccines pro8 duced by State governmental entities.

9 The report of such study shall be submitted not later than

10 1 year after the date of the enactment of this Act, to the

11 Committee on Ways and Means of the House of Rep12 resentatives and the Committee on Finance of the Senate.

13 (e) FLOOR STOCKS TAX.—

14 (1) IMPOSITION OF TAX.—On any taxable vac15 cine—

16 (A) which was sold by the manufacturer,

17 producer, or importer before the date of the en18 actment of this Act,

19 (B) on which no tax was imposed by sec20 tion 4131 of the Internal Revenue Code of 1986

21 (or, if such tax was imposed, was credited or re22 funded), and

23 (C) which is held on such date by any per24 son for sale or use,
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1 there is hereby imposed a tax in the amount deter2 mined under section 4131(b) of such Code.

3 (2) LIABILITY FOR TAX AND METHOD OF PAY4 MENT.—

5 (A) LIABILITY FOR TAX.—The person

6 holding any taxable vaccine to which the tax

7 imposed by paragraph (1) applies shall be liable

8 for such tax.

9 (B) METHOD OF PAYMENT.—The tax im10 posed by paragraph (1) shall be paid in such

11 manner as the Secretary shall prescribe by reg12 ulations.

13 (C) TIME FOR PAYMENT.—The tax im14 posed by paragraph (1) shall be paid on or be15 fore the last day of the 6th month beginning

16 after the date of the enactment of this Act.

17 (3) DEFINITIONS.—For purposes of this sub18 section, terms used in this subsection which are also

19 used in section 4131 of such Code shall have the re20 spective meanings such terms have in such section.

21 (4) OTHER LAWS APPLICABLE.—All provisions

22 of law, including penalties, applicable with respect to

23 the taxes imposed by section 4131 of such Code

24 shall, insofar as applicable and not inconsistent with

25 the provisions of this subsection, apply to the floor
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1 stocks taxes imposed by paragraph (1), to the same

2 extent as if such taxes were imposed by such section

3 4131.

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