I
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXTENSION OF THE EXCISE TAX ON CERTAIN
VACCINES AND THE VACCINE INJURY COM-
PENSATION TRUST FUND.
(a) TAX.—Paragraphs (2) and (3) of section 4131(c)
of the Internal Revenue Code of 1986 (relating to tax on
certain vaccines) are each amended by striking ‘‘1992’’
each place it appears and inserting ‘‘1994’’.
(b) TRUST FUND.—Paragraph (1) of section 9510(c)
of such Code (relating to expenditures from Vaccine In-
jury Compensation Trust Fund) is amended by striking
‘‘1992’’ and inserting ‘‘1994’’.
(c) APPLICATION OF TAX.—Section 4131 of such
Code is amended by adding at the end thereof the follow-
ing new subsection:
‘‘(d) APPLICATION OF SECTION.—The tax imposed
by this section shall apply—
‘‘(1) after December 31, 1987, and before Jan-
uary 1, 1993, and
‘‘(2) except as provided subsection (c), during
periods after the date of the enactment of this sub-
section.’’
(d) STUDY.—The Secretary of the Treasury, in con-
sultation with the Secretary of Health and Human Serv-
ices, shall conduct a study of—
(1) the estimated amount that will be paid from
the Vaccine Injury Compensation Trust Fund with
respect to vaccines administered after September
30, 1988, and before October 1, 1994,
(2) the rates of vaccine-related injury or death
with respect to the various types of such vaccines,
(3) new vaccines and immunization practices
being developed or used for which amounts may be
paid from such Trust Fund,
(4) whether additional vaccines should be in-
cluded in the vaccine injury compensation program,
and
(5) the appropriate treatment of vaccines pro-
duced by State governmental entities.
The report of such study shall be submitted not later than
1 year after the date of the enactment of this Act, to the
Committee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the Senate.
(e) FLOOR STOCKS TAX.—
(1) IMPOSITION OF TAX.—On any taxable vac-
cine—
(A) which was sold by the manufacturer,
producer, or importer before the date of the en-
actment of this Act,
(B) on which no tax was imposed by sec-
tion 4131 of the Internal Revenue Code of 1986
(or, if such tax was imposed, was credited or re-
funded), and
(C) which is held on such date by any per-
son for sale or use,
there is hereby imposed a tax in the amount deter-
mined under section 4131(b) of such Code.
(2) LIABILITY FOR TAX AND METHOD OF PAY-
MENT.—
(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 im-
posed by paragraph (1) shall be paid in such
manner as the Secretary shall prescribe by reg-
ulations.
(C) TIME
FOR
PAYMENT.—The tax im-
posed by paragraph (1) shall be paid on or be-
fore the last day of the 6th month beginning
after the date of the enactment of this Act.
(3) DEFINITIONS.—For purposes of this sub-
section, terms used in this subsection which are also
used in section 4131 of such Code shall have the re-
spective 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.
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